[RP TownTalk] Executive Session - Open & Closed Meetings

Sat Sep 10 04:37:38 UTC 2011

Don –

I am a bit confused by your email.  If you would like to point out a
specific section that the Council has violated, I would be happy to address
it.  If you had been in attendance at the last work session or the last
legislative session I am sure you would have realized that many of us do in
fact have a basic understanding of contract law and what has been written in
the Charter and Code;  there were several resolutions and ordinances read in
and/or presented during those meetings to address Charter inconsistencies
that were so nuanced as to require official legal opinion.  I apologize if
you felt it inappropriate to quote Maryland rules and regulations – I was
attempting to address a question on the core legality of how and why
meetings may be legally closed;  our oath of office additionally requires us
to support and uphold the Constitution of the United States, the State of
Maryland, Prince George’s County, and our Town’s Charter.  

I hope to see yourself and Melissa at both the next meeting for the Cafritz
special session as well as the Work Session and Legislative meetings to
ensure that your viewpoints are included in the public record.  In the three
months since I have taken my oath of office, I hope that my legislative
production illustrates that I do have an understanding of the Town Charter
and Code; if it does not, I am always open to suggestions and constructive
criticism.   I have included the Town’s regulations which I am sure you can
agree is completely consistent with the Maryland Open Meetings Act that I
previously included:

§ 204: Meetings of the Council

The council shall meet at least once a month. Special meetings may be called
for a

specific purpose upon request of the mayor or a majority of the council
members. All

meetings of the council shall be open to the public, and the rules of the
council shall provide

that residents of the town shall have a reasonable opportunity to be heard
at any meeting

in regard to any municipal question.

Nothing contained herein shall be construed to prevent the council from
holding an

executive session or acting as a special hearing body from which the public
is excluded, but

no ordinance, rule, or regulation shall be finally adopted at such an
executive session or

hearing.

Best,

Jonathan

From: Don Lynch [mailto:dlynch at garretroomstudios.com] 
Sent: Friday, September 09, 2011 11:56 PM
To: jebbeler at efusionconsulting.com
Cc: towntalk at riverdale-park.org
Subject: Re: [RP TownTalk] Executive Session - Open & Closed Meetings

What would be nice,would be if we heard, what Mr. Archer claimed, that we
would examine the gems of your collected body of insight and visionary gleam
to elucidate those who were shut out of closed doors, within two to three
days. Still waiting...

Don't quote Maryland rules and regulations, we have our own charter which
our town government loosely follows or at the very least haven't read with
comprehension.

Don   

On 9/9/2011 9:09 AM, Jonathan W. Ebbeler wrote: 

Friends/Neighbors –

If I may, I would like to  weigh in on the Executive Session discussion to
hopefully provide some clarity.

Most of this may be found here
(http://www.oag.state.md.us/Opengov/Openmeetings/support.htm )

Chapter 4 specifically deals with defining the narrow reasons why it is
prudent and necessary from time to time for elected officials to have closed
meetings.  According to the Maryland Open Meetings Act Manual (7th ed.)
there are fourteen (14) circumstances under which a public body may close a
meeting:

- §10-508(a)(1): discussion of personnel matters including actions,
compensation issues, performance evaluation

- §10-508(a)(2): to protect the privacy or reputation of individuals with
respect to a matter that is not public business

- §10-508(a)(3): the acquisition of real property

- §10-508(a)(4): proposals for business or industrial organizations to
locate, expand, or remain in the State

- §10-508(a)(5): the investment of public funds

- §10-508(a)(6): the marketing of public securities

- §10-508(a)(7): to consult with counsel to obtain legal advice

- §10-508(a)(8): to consult with any individual about pending or potential
litigation

- §10-508(a)(9): to conduct collective bargaining negotiations

- §10-508(a)(10): the discussion of public security if public discussion is
a risk to the public or public security

- §10-508(a)(11): the preparation, administration, or grading of a
scholastic, licensing, or qualifying examination

- §10-508(a)(12): to conduct or discussion of an investigative proceeding on
actual or possible criminal conduct

- §10-508(a)(13): to comply with a specific constitutional, statutory, or
judicially imposed requirement that prevents public disclosure (i.e.
federal/state law)

- §10-508(a)(14): to discuss a matter directly related to a negotiating
strategy or the contents of a bid or proposal

The meeting on Wednesday was closed per §10-508(a)(4).  Also of note, we
also had an Executive Session on August 15th per §10-508(a)(1) to afford the
full Council a chance to interview at length and probe the personnel record
of our newly appointed and confirmed Chief of Police.  

In the Legislative Meeting that was held on Tuesday (and lasted until after
midnight), a resolution was passed to engage in negotiations to purchase the
property on Route 1 known as Jey’s Auto.  Although §10-508(a)(3) could have
been invoked in initial discussions, this topic was instead brought up at
the prior week’s work session for full public scrutiny and comment.  The
Open Meetings Act provides for closed sessions, but Mayor and Council strive
to, wherever possible, keep meetings open to public discussion.

Please also note that the Cafritz Conceptual Site Plan (CSP), traffic study,
and filed application with MNCPPC (Park & Planning) is currently at Town
Hall and is available for public inspection and I invite ALL to take a look.
I am hopeful that our town staff in the near future will scan these
voluminous documents and make them available on the town website at a
minimum.  I would be happy to suggest to staff that these be put out for
public review on the table during any Town meeting.

This is a project that impacts us all and will have impacts that will be
felt for decades.  If the Council can better address your concerns, PLEASE
contact us.  I, myself, have tried to be responsive to any constituent
concern.  If we can do a better job in disseminating out information and you
have suggestions how, bring it to our attention.  I would love to see the
room packed with people at the next informational session (tentatively
scheduled for Sep 22nd or thereabouts).  The Council has asked the Mayor and
staff to produce an informational mailer (hopefully in both English and
Spanish) to be distributed to every household in town prior to this meeting.
I strongly encourage people to attend and make your voices heard!

Best,

Jonathan

Jonathan W. Ebbeler | Councilmember – Ward One

Town of Riverdale Park
jebbeler at riverdaleparkmd.gov

<http://maps.yahoo.com/py/maps.py?Pyt=Tmap&addr=2000+Airport+Road%2C+Suite+1
25&csz=Atlanta%2C+GA+30341&country=us> 5008 Queensbury Road
Riverdale Park, MD 20737
Office:
<http://www.plaxo.com/click_to_call?lang=en&src=jj_signature&To=888%2D861%2D
8881&Email=jebbeler at efusionconsulting.com> 301-927-6381 

Mobile:
<http://www.plaxo.com/click_to_call?lang=en&src=jj_signature&To=404%2D626%2D
2082&Email=jebbeler at efusionconsulting.com> 404-626-2082

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