THE COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE ATTORNEY GENERAL

ONE ASHBURTON PLACE
BOSTON, MASSACHUSETTS 02108
(617) 727-2200
www.mass.gov/ago

January 10, 2024

VIA EMAIL

Albert Norman

RE: Open Meeting Law Complaint

Dear Mr. Norman:

This office received a complaint from you on December 18, 2023, alleging that the
Greenfield Planning Board (the “Board”) violated the Open Meeting Law, G.L. c. 30A, §§ 18-
25. 1 The complaint was originally filed with the Board on November 17, and the Board
responded, through its legal counsel, by letter dated December 8. In the complaint, you allege
that the Board lacked a quorum during its August 3 meeting and that the Mayor improperly
joined the meeting and voted as an ex officio member. For the reasons that follow, we decline to
review your complaint.

The Division of Open Government’s review concerns compliance with the Open Meeting
Law, G.L. c. 30A, §§ 18-25. Even if true, an allegation that the Mayor improperly voted during
the Board’s August 3 meeting, or that the Board took action without a quorum present, would not
violate the Open Meeting Law. The Open Meeting Law defines “meeting” as “a deliberation by
a public body with respect to any matter within the body's jurisdiction.” G.L. c. 30A, § 18. The
Open Meeting Law defines “deliberation” as “an oral or written communication through any
medium, including electronic mail, between or among a quorum of a public body on any public
business within its jurisdiction.” Id. A gathering of less than a quorum of members of a public
body does not constitute a meeting subject to the Open Meeting Law. See OML 2023-116. 2
Furthermore, we do not review the authority of the Mayor to vote as an ex officio member of the
Board and offer no opinion on whether actions taken on August 3 could be a violation of the City
Charter or another rule or regulation outside the scope of the Division’s review. See OML 2019-
99; OML Declination 1-19-16 (Southborough Zoning Board of Appeals); OML Declination 3-
11-13 (Abington Conservation Commission).

1
All dates refer to the year 2023.
2
Open Meeting Law determinations may be found on the Attorney General’s website, https://www.mass.gov/the-
open-meeting-law.
 We also decline to review your Open Meeting Law complaint for the additional reason
that the complaint was not timely filed with the Board. The Open Meeting Law requires that
complaints be filed with the public body within 30 days of the alleged violation. G.L. c. 30A,
§ 23(b). If the alleged violation could not have been known at the time it occurred, then the
complaint must be filed with the public body within 30 days of the date on which the alleged
violation could reasonably have been discovered. 940 CMR 29.05(4). When an alleged
violation occurs during an open meeting, the alleged violation is reasonably discoverable at the
time it occurs, even if the complainant did not learn of the alleged violation until a later time.
See OML 2014-85; OML 2012-52; OML Declination 8-26-22 (Templeton Select Board). Here,
your complaint concerns the Board’s August 3 meeting, for which notice had been posted.
Therefore, the alleged violations were reasonably discoverable on that date. Your complaint was
not filed with the Board until November 17, well beyond the 30-day deadline.

We now consider this matter closed. Please feel free to contact the Division at (617) 963
- 2540 if you have any questions.

Sincerely,

Carrie Benedon
Assistant Attorney General
Division of Open Government

cc: Jesse M. Belcher-Timme, Esq. (via email: jtimme@dwpm.com)

Greenfield Planning Board (by email: eric.twarog@ greenfield-ma.gov)
Greenfield City Clerk (by email: kathy.scott@greenfield-ma.gov)