[RP TownTalk] Executive Session - Open & Closed Meetings

Sun Sep 11 14:51:43 UTC 2011

From: Melissa Avery <m.avery at rocketmail.com>
To: "jebbeler at efusionconsulting.com" <jebbeler at efusionconsulting.com>
Sent: Saturday, September 10, 2011 8:23 AM
Subject: Re: [RP TownTalk] Executive Session - Open & Closed Meetings

The town does follow the charter in that a proposal is brought up at the last meeting (the workshop)of the month then voted on in the legislative meeting (first meeting of the month), typically seven days later. It is mentioned in the Town Cryer, which is usually comes out after the legislative meeting and after the issue is voted on, leaving little or no time for the citizens to react. I have heard repeatedly that the citizens of the town are "apathetic", as a reason why so few people are involved with important issues whereas the real reason is the poor communication, during which time changes are made. Another tactic that I see happening consistently is the town meeting starting at 8:00 and continuing till after 10:00. The town council gets paid to stay to the bitter end, but very few citizens, especially the ones with children and families, can stay,  consequently they leave before important issues are brought up.

One of my main questions is, barring flood, fire and famine, WHAT"S THE HURRY!

There's no reason for expedience except  the council want nothing to impede their will.

Melissa

From: Jonathan W. Ebbeler <jebbeler at efusionconsulting.com>
To: 'Melissa Avery' <m.avery at rocketmail.com>
Sent: Friday, September 9, 2011 11:42 PM
Subject: RE: [RP TownTalk] Executive Session - Open & Closed Meetings

I don’t get what you are saying.  What cannot be open and closed?

From:Melissa Avery [mailto:m.avery at rocketmail.com] 
Sent: Friday, September 09, 2011 11:41 PM
To: jebbeler at efusionconsulting.com
Subject: Re: [RP TownTalk] Executive Session - Open & Closed Meetings

This can not be open and closed on the same meeting

From:Jonathan W. Ebbeler <jebbeler at efusionconsulting.com>
To: towntalk at riverdale-park.org
Sent: Friday, September 9, 2011 9:09 AM
Subject: [RP TownTalk] Executive Session - Open & Closed Meetings

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
5008 Queensbury Road
Riverdale Park, MD 20737
Office: 301-927-6381 
Mobile: 404-626-2082

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