Whately Conservation Commission chair accepts responsibility for Open Meeting Law lapse

Scott Jackson, chair of the Whately Conservation Commission, acknowledged at the commission’s March 6, 2025, Zoom meeting that the commission failed to post the agenda for its Feb. 19 meeting at least 48 hours in advance, a requirement of the state Open Meeting Law. The Town Clerk filed a complaint after notifying the commission that the agenda had not been posted.

Jackson told colleagues he had delivered the Feb. 19 agenda to the Town Clerk at 3:35 p.m. on Thursday, Feb. 13 but did not realize that town offices close early on Thursdays and are also closed Fridays, and that the agenda therefore was not posted as he had intended. He said he learned on Tuesday, Feb. 18—about 34 hours before the scheduled meeting—that the posting had not occurred.

Jackson said he chose to proceed with the Feb. 19 meeting despite the posting lapse because the agenda included a Notice of Intent and a Request for Determination of Applicability governed by the state Wetlands Protection Act regulations, which impose timing requirements for taking action. He said legal notices tied to those filings were published in the Greenfield Recorder at the applicants’ expense.

Jackson took responsibility for the procedural error, saying it was the first such lapse in nearly 20 years as chair. He said he will submit future agendas a full week ahead of meetings until a new Conservation Agent assumes responsibility for preparing and submitting agendas.

In a follow-up discussion with Town Administrator Peter Kane and Select Board Chair Julie Waggoner, commissioners explored whether town staff could provide more reliable support to volunteer boards—especially when Monday holidays create extended gaps in staff availability. Kane said the Town Clerk has sole discretion to adjust her hours or otherwise provide coverage for posting agendas.

The commission’s March 6 meeting was called to order at 7:05 p.m. and adjourned at 7:45 p.m.