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Framingham council cites attorney-client privilege, moves to executive session on two open-meeting complaints
Summary
The Framingham City Council voted to enter executive session to review two open-meeting-law complaints and associated executive-session minutes, with the city solicitor advising the discussions were privileged and minutes would not be released.
The Framingham City Council voted to go into executive session to review two open-meeting-law complaints and two sets of executive-session minutes, and then returned to open session with the solicitor's recommendation that those minutes remain privileged.
City Solicitor Attorney Fallon told the council, "The purposes for the executive session were litigation purposes. Those are privileged. They are governed under attorney client privilege as well as the exemption 3." Fallon recommended further private review of minutes and legal strategy and advised the privilege still attached to those meetings.
Council members debated whether the narrow subject that prompted the earlier executive sessions — a proposed five-year transportation contract that the council did not ultimately approve — should remain confidential. One council member said during the discussion, "I don't understand why we have to discuss this in executive session," arguing the contract item was on a public agenda. The solicitor responded that the complaints and the litigation strategy discussed in the prior executive sessions were properly protected under the exemptions cited.
After deliberation, Councilor Long moved to enter executive session and Councilor Malek seconded. A roll-call vote was held; the chair later summarized the result in open session, saying the council "went into executive session for an appropriate basis under the law and did so in accordance with the law." The chair added: "The purpose of going into executive session was valid. The privilege still applies and the minutes are not going to be released."
The chair said the council would work with the city solicitor to prepare a response to the complaints filed with the state and that the council had taken no public action on the contract while the city remains under a different transportation agreement.
The council returned to public participation after the statement and proceeded with the remainder of the agenda.
