By promising the public a seat in the room when decisions are made, Vermont’s open meeting law is supposed to keep elected officials from doing whatever they want, whenever they want.
But anyone who believes the law is worth the paper it was written on 50 years ago hasn’t met the Hartland Selectboard.
In two meetings last month, some board members acknowledged they’ve been ignoring a portion of the law regarding so-called executive sessions for years — and couldn’t be prouder.
Their disregard for the law only comes to light now because a scrappy videographer at Community Access Television, known as CATV, called them out.
On Feb. 10, the board held a special meeting to sign financial documents relating to a construction project.
As reality shows go, the meeting probably wasn’t going to hold viewers attention like Keeping Up with the Kardashians. But CATV’s Chico Eastridge still thought it warranted coverage.
Hartland is among five Upper Valley communities where the nonprofit station regularly records local government meetings to air on cable and YouTube.
With no other videographers available that evening, Eastridge, CATV’s senior producer, handled the assignment himself, as he sometimes does.
It took about 20 minutes for board members to complete the construction project paperwork.
“We’re adjourned,” Chairwoman Mary O’Brien announced. “Thank you, Chico.”
Eastridge found it odd the four board members who showed up that evening at Damon Hall remained seated. “Are you still meeting?” he asked, continuing to record.
After repeating that the meeting was adjourned, O’Brien explained the board would have a “short discussion” off camera about what Hartland officials call the Campbell-Merritt Fund.
The meeting’s agenda didn’t mention Campbell-Merritt, which is actually two separate big pools of money the Selectboard controls. Years ago — late 1800s in the case of the Campbell Fund — Hartland received gifts from wealthy individuals with the understanding the money would go to needy residents a few dollars at a time.
Hartland residents who are struggling to make ends meet write to the Selectboard, stating how much money they need and what it will be used for.
The board receives a half-dozen or fewer requests a year. Most of them are people seeking help with essential needs such as heating fuel or snow tires. To assure the money is used for its intended purpose, the town sends checks directly to the company providing the service.
After the board handed out $3,099 last year to unnamed residents, the two funds combined still totaled $207,742, according to the Town Report.
With Eastridge still recording, O’Brien explained the board’s rationale for the secrecy. “We always keep it very confidential because I think all of us can understand how embarrassing it is to ask for help,” she said.
Town Manager Dave Ormiston then took Eastridge aside, politely asking him to leave. Eastridge did. But he didn’t feel right about it.
At the board’s meeting on Feb. 21, Eastridge, who lives in Hartford, asked to speak. What had happened at the earlier meeting had left him “really confused,” he said. “It’s my job to record the business the Selectboard is discussing at public meetings.”
Such a “flagrant disregard” for the open meeting law, Eastridge said, “might lead to people in the town asking what other decisions are made outside the public’s eye or how else is the board bending the law.”
Board member Jim Rielly, who missed the Feb. 10 meeting, asked if future Campbell-Merritt discussions could be held in private executive sessions, which state law allows for matters such as contract negotiations.
Gordon Richardson, a board member for almost 30 years until losing his reelection bid last week to retired Town Clerk Clyde Jenne, shook his head. Some time ago, the board “ran it by” the Secretary of State’s office and had also talked with legislators about “trying to get a change in (executive session) rules,” Richardson said. “We got no place on either front.”
O’Brien then spoke up. “I’m all about transparency for news,” she said. “I don’t consider the Campbell-Merritt Fund news. I consider it gossip.”
Last week, O’Brien was good enough to talk with me so I could try to make a case for the board becoming more transparent.
For starters, it’s the law.
“I know very well it’s illegal,” said O’Brien, who has served on the board for more than a dozen years.
Still I didn’t get the feeling that O’Brien would be leading the charge for the board to change its ways anytime soon. And why should it?
Jenny Prosser, an attorney with the Secretary of State’s office, told me she was unaware of any public officials being criminally prosecuted for violating the law, which carries a maximum fine of $500.
As the law is written, it’s also nearly impossible for anyone alleging a violation to collect litigation costs, if they win a civil lawsuit against a town. Most people don’t have deep enough pockets to wage legal battles against town officials playing with house money.
Along with breaking state law, the Hartland board’s secret dealings block the media from fulfilling its government watchdog role. Without the ability to observe the board’s decision-making, how can the public be assured money from the funds is distributed fairly? Is the board rejecting requests based on a resident’s race or religion?
At the Feb. 10 meeting, O’Brien said the board wants to “protect the privacy” of struggling residents. But the Town Report makes me wonder.
While some Vermont towns have gone away from the practice, Hartland continues to publish the names of delinquent taxpayers in its annual report.
I don’t think it’s a stretch to assume some people on the list of 43 names are experiencing tough times. They might have lost a job or been saddled with hefty medical bills. Yet Hartland sees fit to drag them into the public square for shaming.
The time for the town to end the practice is past due. It’s just gossip.
Jim Kenyon can be reached at jkenyon@vnews.com.
