THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL

ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108 MARTHA COAKLEY ATTORNEY GENERAL
(617) 727-2200 (617) 727-4765 TTY www.mass.govlago

April 30, 2012

Debora LeFave

Dear Ms. LeFaye: This office received your complaint on March 20, 2012, alleging a violation of the Open Meeting Law, G.L. c. 30A, 18-25, by the Northern Berkshire School Union Conmtittee (the "Committee"). Specifically, your complaint alleges that on November 3, 2011, the Committee entered into executive session for an improper purpose. This complaint was originally filed with the Committee on December 20, 2011. We received the Board's response in a letter dated January 13, 2012. The Open Meeting Law requires that complaints be filed with the chair of the public body within 30 days of the alleged violation. G.L. c. 30A, 23(b). If the alleged violation could not have been discovered at the time it occurred, then the complaint must be filed within 30 days of when the alleged violation could have reasonably been discovered. 940 CMR 29.05(3). The Attorney General may decline to review Open Meeting Law complaints that are filed with the Attorney General more than 90 days after the alleged violation, unless the complainant demonstrates good cause for delay. 940 CMR 29.05(6). You allege that a violation of the Open Meeting Law took place during the Committee's November 3, 2011 executive session. Because the alleged violation took place in executive session, it is foreseeable that it could not reasonably have been discovered at the time it occurred. Your complaint did not state when you discovered this alleged violation, however our January 23, 2012 letter presumed it was discovered at the time the complaint was filed, and therefore set the deadline for seeking further review by our office at 90 days from the day you filed your complaint with the Committee. We sent you a letter on January 23, 2012, stating that if we did not receive a copy of your original complaint with a request for further review by Mach 19, 2012, we would consider this matter closed. We received your complaint on March 20, 2012 one day after that deadline had passed.' You did not identify any good cause for the delay in filing your complaint, therefore we decline to investigate this matter.
1 Prior to receiving your complaint, we sent you a letter on March 20, 2012, stating that we had not received a complaint filed by you in this matter and considered this matter closed. 1

We now consider this matter closed. Please feel free to contact our office if you have any questions regarding this letter, or if you believe that any of the facts stated in this letter to be inaccurate.

Sincerely,

Amy L. Nable Assistant Attorney General Director, Division of Open Government Ph: 617-963-2451 cc: Fernand J. Dupere, Esq., Counsel to the Northern Berkshire School Union Committee