Brockton committee votes 5'3 to enter executive session on personnel matter after member seeks open session

The Brockton School Committee voted 5'3 on Thursday to enter executive session under Massachusetts General Laws chapter 30A, —621(a)(1), to discuss the reputation, character or discipline of an individual or complaints brought against a public employee.

The vote followed procedural discussion about whether the matter should be held in open session. Committee member Timothy J. Sullivan (Ward 7) said, "I am requesting open session for the executive session." Attorney Spottedfoot advised that it was Sullivan's choice whether to attend an executive session and that the committee could proceed; Spottedfoot said, "It's Mr. Sullivan's choice whether he attends executive session. He doesn't have to, but the session can go forward. It's also his choice if he wants it to be held in executive session or open session."

After a brief recess to address public-access logistics, Sullivan withdrew his request for open session and asked the committee to proceed in executive session. He stated on the record: "I'd like to go into executive session. I would withdraw my motion for open. Go back to executive." The chair then declared the committee would go into executive session and announced they would not return to public session.

A roll-call vote was taken. The transcript records the following yes/no responses during the roll call: Mrs. Sullivan voted no; Mr. Gomes voted yes; Mr. Vega voted no; Ms. Oliver voted yes; Mr. Rodriguez voted yes; Ms. Azek voted yes; Mr. Timothy J. Sullivan voted no; and the chair voted yes. The chair later clarified the final tally as "5 to 3."

The committee cited Mass. Gen. Laws ch. 30A, —621(a)(1) as the statutory basis for moving into executive session. No additional public details about the subject of the executive session were disclosed before the meeting recessed into the closed session, and the committee stated it would not return to public session that night.

Attorney Spottedfoot and committee members discussed logistics for the executive session, including its physical location and whether the individual named in the statutory purpose could be discussed if that person had said they did not want to be present. Spottedfoot advised the committee on that procedural point during the public portion of the meeting.