News flash: Board vote not sufficient to seal minutes!

I emailed this to Jason Cipriano, SAU board chairman, and the entire SAU board at 11:25 pm tonight:


The vote tonight was not sufficient to in fact seal the minutes.  Sealing requires a two-thirds vote  as per 91-A:3 III

  III. Minutes of meetings in nonpublic session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present taken in public session, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the public body itself, or render the proposed action ineffective, or pertain to terrorism, more specifically, to matters relating to the preparation for and the carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. This shall include training to carry out such functions. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.
Please inform the lawyer of this and forward me and the board the communication.  Thank you.

Thank you to Jorge Mesa-Tejada who urged me to read the Attorney General’s Memorandum on the Right to Know law before this meeting.  If only I had remembered it in the meeting and not as I was going to retire for the night.

SAU 55:  now you MUST produce the minutes. Anyone care to go down to the office tomorrow to get them?



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