Carney blasts Planning Commission for missing video and violating the law

Illegal Secret Votes and Missing Video

The Attorney General's recent finding that Charlestown violated open
government law is just that latest in a long trail of open meetings and
open records violations by the CCA Party leadership of our town
government, despite their pledges of "transparency"

By Deborah Carney

NOTE: this is the original version of the letter published in the Westerly Sun]

In a letter published on October 7 [by the Westerly Sun], Charlestown Planning Commission chair Ruth Platner criticized me for filing a complaint that resulted in the Attorney General ruling that the Planning Commission violated the state Open Meetings Act (OMA). 

He ruled that it is a violation of the Open Meetings Act to take a secret paper vote at a public meeting and to fail to keep accurate minutes.  The one thing missing from Ruth Platner's letter is any acknowledgement of her two violations of the OMA.

Ms. Platner believes that putting town meetings on the Clerkbase video system covers her duty to open government, except that’s not what the law says. But even if you can get on the Clerkbase system, no one watching knows how the members voted during their secret paper vote. No one watching could tell what each member wrote on their secret pieces of paper. 

Ms. Platner wants to rely on technology, rather than abiding by the law.  

I watched the Planning Commission meeting from October 1, 2014 on Clerkbase.  Item 3A on the agenda is for discussion and action regarding the letter from the Attorney General about the meeting when the Planning Commission violated the OMA.  

Ironically, that item is not on the video.  

The video on Clerkbase starts at item 3B. Comprehensive Plan Update.   

So what happened to the video portion that contained the discussion about the OMA violation?  Why is that agenda item not recorded for the public to see?  Is this what Ms. Platner considers relying on technology for open and transparent government?

Ruth Platner states in her letter, "the results of the poll were no mystery to viewers or listeners."  

What is a mystery is how each individual member voted during the secret vote.  At a public meeting there should be no mystery as to how the members vote.  

The Open Meetings Act (42-46-7) is clear that "the written minutes shall include a record by individual members of any vote taken."  The Planning Commission minutes did not reflect that information.  It was not noted for the secret vote, nor for the formal vote that followed.

While watching the video for the meeting, one member even states, "I don't want an open ballot."  So while there was plenty of discussion at this public meeting, there was also a secret vote which is a violation of the Open Meetings Act. 

The Charlestown Town Council was found to be in violation of the very same activity of taking a secret vote at a public meeting. Following the recommendation of Dan Slattery, a CCA supported candidate, they too took an anonymous paper  vote.  And now, the Charlestown Planning Commission has done the very same thing.  The Open Meetings Act applies to all public bodies.

They can't take anonymous paper votes during public meetings, regardless of whether or not the meetings are broadcast. 

Ms. Platner talks about political alliances.  Maybe she should have noted  that both Charlestown bodies that were found in violation of the OMA by the Attorney General's office for their secret votes, were bodies controlled by CCA supported candidates.

For clarification, Ruth Platner stated in her letter that I "rose to speak against the purchase" of the former Whalerock property. That is not true.  I was in favor of the purchase.  I was against the five members of the Town Council making the decision to spend over $2.1 million of the taxpayer's money, without letting the voters of Charlestown decide.  It is we, the taxpayers, that are paying the bill for this $2.1 million purchase.

Contrary to what Ruth Platner thinks, it is not technology that will improve open government but public bodies that follow the law.  

These laws, such as not taking secret votes, apply to all public bodies, including the Planning Commission.  

Instead of blaming me, Ruth Platner should take responsibility for her actions. 

But more importantly, the Charlestown Citizens Alliance town officials need to follow their own campaign pledges about open, honest and effective government and stop trying to run town government by their own rules.