MacAskill Files Open Meeting Law Complaint Against Select Board

 HARWICH – Former select board member Michael MacAskill has filed an Open Meeting Law complaint with the Attorney General’s Office against the board. 

 MacAskill is claiming the board discussed improper topics in an executive session, violated notice language, and engaged in multiple instances of serial deliberation among select board members. 

“I became aware of the stated violations from certain public records requests and Open Meeting Law requests,” MacAskill wrote in his complaint, which was filed at the end of September.

This is the second Open Meeting Law complaint filed against the select board in a month. West Barnstable resident Ron Beaty filed a complaint with the Attorney General’s Office alleging that the board provided incorrect citations and misapplied executive session purposes. 

Regarding the allegation of improper discussion topics in an executive session, MacAskill’s complaint cites the board going into executive session to discuss the salary of the director of the department of public works. According to the complaint, minutes show the board discussed various options about how many step-related increases to provide and when an approved increase should be retroactive. It alleges that the board voted some form of step-related salary increase for the DPW director, the complaint states.

The DPW director is appointed by the town administrator and confirmed by the select board, according to the complaint, but the position functions under the day-to-day management of the town administrator. The DPW director falls within the personnel bylaw’s non-classification plan, which the select board has unilateral authority to amend and adopt, the complaint alleges. It is not negotiated or bargained with any of the individuals whose positions fall within the plan.

“Where no contractual relationship exists with the subject employee (or the broader classification plan the position falls within) discussed here, the board improperly discussed this topic in executive session,” the complaint claims.

 “The broader argument should be made that the board did not have any authority to take this action, but from a purely Open Meeting Law related standpoint, it was unlawful that it was discussed in executive session specifically,” the allegation reads.

Similar to charges in the Beaty complaint, MacAskill alleges the notice of the executive session lacks specific detail as it does not name the unions or personnel as required.

The complaint also alleges serial deliberations by the board relating to discussions between May and August in correspondence and negotiations regarding the appointment of an interim acting town administrator. The complaint alleges records and minutes document instances of serial deliberation. 

 The complaint cites an email from select board member Jeffrey Handler asking when a meeting would be scheduled to appoint an acting town administrator in compliance with the charter.

“Chair (Donald) Howell replies with an email that includes the statement, ‘It was Pete’s expressed desire to move with Tony in the long term.’ Note: ‘Pete’ is select board member Pete Piekarski,” the complaint reads, adding that Piekarski never made that statement in public session. 

By doing so, Howell created a discussion of member’s opinion about a matter within their jurisdiction, namely the appointment of an acting town administrator, with a quorum of the board outside of a posted meeting, the complaint charges.

In another allegation relating to a proposed salary increase while Assistant Town Administrator Meggan Eldredge served as acting town administrator, the complaint reads, “The only way Chair Howell could know that the board would not support a higher salary would be through serial deliberation outside of a posted meeting.”

The complaint also charges implied serial deliberation relating to salary negotiations with Schiavi.

“The vote in favor of this substantially higher salary amount with no other discussion reflected in the minutes strongly implies serial deliberation outside of a posted meeting, particularly when taken in context of other documented instances of such actions,” the complaint alleges.

 The complaint asks for a public apology, for Howell to step down as chair, and for select board minutes from applicable executive sessions to be revised to provide proper detail relating to contract terms for the acting town administrator. Discussions regarding the director of the DPW should also be renewed in open session, MacAskill requests, along with having the select board undergo training in the Open Meeting Law.

Howell said on Monday night that the document has been given to legal counsel Michele Randazzo of KP Law to address.