Seekonk, Mass.
Seekonk building records promised but elusive
01:00 AM EDT on Friday, October 19, 2007
SEEKONK — The goblin-chaser isn’t giving up.
Francis M. Cavaco says his requests for public documents from Town Administrator Paul E. Lemont have been ignored, despite Lemont’s promise to deliver on the remaining records that Cavaco seeks.
In early June, Cavaco, a member of the Finance Committee and a former Board of Selectmen candidate, filed a request with Lemont to learn more about the consultant Lemont hired to review the conditions of Seekonk’s municipal buildings.
At the time, Lemont likened Cavaco’s efforts to “harassing tactics” and “chasing goblins” that do nothing but waste his office’s time.
Cavaco requested documents substantiating the consultant’s experience and payment. Lemont eventually provided that information, after saying initially that most of what Cavaco requested was exempt under public records law.
Additionally, Cavaco said Lemont told him he would provide a copy of the tape recording and the written minutes from the Board of Selectmen meeting at which the consultant’s report was discussed.
Four months later, Lemont still hasn’t provided either, Cavaco said, despite his additional plea for the records.
Cavaco appealed the matter to the secretary of state’s public records division, which has since closed the case because Lemont agreed to provide Cavaco with the tape recording and the minutes, when they become available, according to a letter to Lemont from Alan N. Cote, supervisor of records.
Lemont recently told The Journal, “We’ll get to it.”
Cavaco wrote to Bristol County District Attorney C. Samuel Sutter’s office on Oct. 10, requesting help in getting Lemont to turn over the remaining documents. That office won’t be getting involved.
“We did review his letter and reviewed the facts of it, but it’s not under our purview,” spokesman Gregg Miliote said. “We deal with Open Meeting Law complaints, not public records complaints.”
Cote, in his Sept. 26 letter to Lemont, noted that the administrator had told the state office that the Board of Selectmen is “behind schedule” on drafting meeting minutes.
“Please be advised that the mandatory language of the Open Meeting Law requires that a governmental body keep accurate minutes of its open meetings and that those minutes be public in their entirety,” Cote wrote Lemont. “The minutes must report the names of all the members present, the subjects acted upon, and shall record exactly the votes and other actions taken.… The minutes of selectmen meetings are records that must be retained permanently using archival quality paper and ink. Although a governmental body may use videotapes or audiotapes as an aid in the transcription process, these recordings do not satisfy the record-keeping requirement of the Public Records Law.”
The town hired a part-time clerk in August to catch up on the backlog of meeting minutes.
Meanwhile, resident Bill Barker says that Lemont and the Board of Selectmen have failed to provide him with records he requested in April related to Lemont’s employment contract, as well as records he requested in August related to the town’s request for reserved capacity at the Attleboro wastewater treatment plant.
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