Robert Oeser sent a notice to the Town of Brattleboro on Friday. The Town has 10 calendar days to respond publicly..
Ian Goodnow, Chair
Daniel Quipp, Vice-Chair
Jessica Gelter, Clerk
Tim Wessel
Elizabeth McLoughlin
Yoshi Manale, Town Manager
Patrick Moreland, Assistant Town Manager
VIA E-MAIL & HAND DELIVERY – June 3, 2022
Notice of Violation of 1 VSA § 313 , § 314
The Selectboard has the responsibility to establish and maintain a rescue service under Town Charter. 24 App. V.S.A. ch. 107, § 4.06 (3)
On March 19, 2022, RTM approved a budget for the Town, which included a $285,600 line item for Ambulance Service under the heading Auxiliary Services (2021-2022 Annual Report, p. 107). The report also contained a narrative from Rescue Inc. (p. 60).
Discussions and decisions regarding changes to this plan involving Rescue Inc. should have been conducted in an open meeting.
A press release was issued April 11, a budget plan was presented April 15, an informational meeting concerning a contract with Golden Cross Ambulance was held April 18 and a vote was taken at the Selectboard meeting on April 19.
The minutes for the March 15 meeting note: MCLOUGHLIN MOVED TO ENTER EXECUTIVE SESSION TO DISCUSS CONTRACTS. INVITED INTO THE EXECUTIVE SESSION ARE TOWN MANAGER YOSHI MANALE AND ASSISTANT TOWN MANAGER PATRICK MORELAND. 5-0 MOTION CARRIED.
The minutes for the April 5 meeting note: GOODNOW MOVED TO ENTER EXECUTIVE SESSION TO DISCUSS CONTRACTS AND THE APPOINTMENT OR EMPLOYMENT OR EVALUATION OF A PUBLIC OFFICER OR EMPLOYEE. INVITED INTO THE EXECUTIVE SESSION ARE ATTORNEY BRIAN MONOGHAM, TOWN MANAGER YOSHI MANALE AND ASSISTANT TOWN MANAGER PATRICK MORELAND. 5-0 MOTION CARRIED.
The minutes for the April 19 meeting note: GOODNOW MOVED TO ENTER EXECUTIVE SESSION TO DISCUSS CONTRACTS, TOWN MANAGER YOSHI MANALE AND ASSISTANT TOWN MANAGER PATRICK MORELAND WERE ALSO PRESENT. 5-0 MOTION CARRIED.
1 VSA § 313 imposes a requirement on the public body to make an additional “specific finding that premature general public knowledge would clearly place the public body or a person involved at a substantial disadvantage.”
A finding is not simply repeating the wording of the statute but a result of inquiry into the facts.
The Vermont League of Cities and Towns states:
A motion to go into executive session must be made during the open portion of a
meeting and must indicate the nature of the business to be discussed. 1 V.S.A. §§
313(a). We recommend that you state the specific statutory provision that gives authority
to enter into such session (“Title 1, Section 313, Subsection ___ of the Vermont
Statutes”). We also recommend that you provide in your motion as much information as
you can, without giving away the details that necessitate the executive session. The
motion must get the vote of a majority of the members present to pass. 1 V.S.A. §§
313(a).Frequently Asked Questions About Vermont’s Open Meeting Law, ❡ 25.
It is not unworkable for a public body to make a careful analysis of need before deciding
to go into executive session. In fact, in the absence of a case-by-case determination, the
legislative policy of openness would be frustrated by the impossibility of describing in
categorical terms, without being overinclusive, the permissible subjects of executive
sessions. The exercise of judgment is inevitable.Trombley v. Bellows Falls Union High School District No. 27,
160 Vt. 101, 105 624 A.2d 857 (1993)
Feb. 26, 1993 · Vermont Supreme Court · No. 91-392
1 V.S.A. § 314 provides that when written notice of a violation is served on the public body a cure can be requested.
The most appropriate cure in this matter is to void the decisions made by the Board on contracts involving EMS/Ambulance services and any actions flowing from those decisions, additionary,
In the interest of transparency and to attempt to repair the harm done by not following an “open decision making process, the Board shall provide a clear account of how it made the decisions on Ambulance services, and, further
Commit to abiding by both the letter and the spirit of the law embodied in 1 VSA 313 in the future.
Respectfully submitted,
Robert A. Oeser
PO Box 6001
Brattleboro, VT 05302
Robt.Oeser@gmail.com
518-505-9031″
#UPDATE
Please note that I have just been advised that the Selectboard will move to add consideration of this matter to the agenda for Tuesday, June 7, 2022.
It will likely be added as the last item under New Business.
The link to join the meeting and the currently warned agenda can be found here:
https://www.brattleboro.org/vertical/sites/%7BFABA8FB3-EBD9-4E2C-91F9-C74DE6CECDFD%7D/uploads/Agenda_06-07-22.pdf
Thank you, Bob
This was all done weirdly, IMHO. Why have RTM vote and pass a budget line item when this change was in the works? It’s all questionable.