Follow up to October 29 Email
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Mark Bernacki
Nov 4, 2024, 8:59:42 PM11/4/24
to Diane Duhaime, askth...@oldlymeshores.org, jmand...@gmail.com, marykate...@gmail.com, jaymo...@aol.com, jack.r...@oldlymeshores.org, mjmerr...@gmail.com, bjev...@gmail.com
November 4, 2024
Dear OLSBA President Diane Duhaime.
This is a followup to my October 29, 2024 email.
Today I reached out to two people that work at the Freedom of Information Commission whom I have worked with on other FOI matters in the past.
In explaining my concerns of the OLSBA holding a Zoom meeting with voting they both stated that an Association meeting is similar to a town meeting. Public meetings are held in person at the date, time and location provided in the notice. The notice requirements must be adhered to.
They also stated that the Association charter, bylaws or ordinances take precedence over the FOI statutes. Quasi public agencies, like the OLSBA, located in a particular town follow that town’s town meeting format. In Old Lyme, town meetings are held in person and voting is done by people who attend. This is the format Miami Beach, Old Colony Beach and Sound View used when they conducted their meetings and votes on the sewers.
As I mentioned in the October 29 email, our charter and bylaws require us to meet in Old Lyme and strictly prohibit absentee (remote) voting. Association members who cannot attend the meeting have the right to give their proxy vote to an Association member who will be attending the meeting.
Given this additional information, the November 9 and November 16 OLSBA Special Meetings do not comply with our charter or bylaws and should be rescheduled in order for members to participate in person.
The sewer project and the required funding require that the Association follow the correct procedures to ensure all members are given the full information and adequate time for discussion and debate to make a rational, in person vote.
We need to get it right.
I anxiously await your reply.
Dear OLSBA President Diane Duhaime.
This is a followup to my October 29, 2024 email.
Today I reached out to two people that work at the Freedom of Information Commission whom I have worked with on other FOI matters in the past.
In explaining my concerns of the OLSBA holding a Zoom meeting with voting they both stated that an Association meeting is similar to a town meeting. Public meetings are held in person at the date, time and location provided in the notice. The notice requirements must be adhered to.
They also stated that the Association charter, bylaws or ordinances take precedence over the FOI statutes. Quasi public agencies, like the OLSBA, located in a particular town follow that town’s town meeting format. In Old Lyme, town meetings are held in person and voting is done by people who attend. This is the format Miami Beach, Old Colony Beach and Sound View used when they conducted their meetings and votes on the sewers.
As I mentioned in the October 29 email, our charter and bylaws require us to meet in Old Lyme and strictly prohibit absentee (remote) voting. Association members who cannot attend the meeting have the right to give their proxy vote to an Association member who will be attending the meeting.
Given this additional information, the November 9 and November 16 OLSBA Special Meetings do not comply with our charter or bylaws and should be rescheduled in order for members to participate in person.
The sewer project and the required funding require that the Association follow the correct procedures to ensure all members are given the full information and adequate time for discussion and debate to make a rational, in person vote.
We need to get it right.
I anxiously await your reply.
ps John M. asked me to provide the June 2012 minutes (see attached)
Thank you.
Mark Bernacki
59 Sea Spray Road
Thank you.
Mark Bernacki
59 Sea Spray Road
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