Quincy council finds no open-meeting-law violation after review of complaints about outside counsel and redlines

The Quincy City Council reviewed four complaints stemming from statements at a prior committee meeting suggesting that an outside attorney had prepared redlined ordinance text and that the attorney's contact or work had not been disclosed. City Solicitor Jim Timmons summarized how redlined versions appeared in the council file and were emailed to members; he said the circulation of documents prompted his concern and explanation to the body.

Councilor McKee argued the complaints rested on a legal misunderstanding: one councilor consulting with outside counsel does not constitute a quorum and therefore does not automatically violate the Open Meeting Law. "I am one person, not five people," she said, explaining that individual members have a right to retain independent legal advice and that serial communications among a quorum are the trigger for OML problems, not a single member's consultation.

Solicitor Timmons acknowledged the administration's concerns about ex parte contacts and described why he asked for more information; he noted that the law does not automatically bar individual councilors from seeking private counsel but emphasized that when recommendations or edits are shared with the whole body as part of deliberations, the council should be mindful of how those materials arrived in the record.

After discussion, the council voted on a motion declaring that the body had found no Open Meeting Law violation in the complaints and authorized staff to respond to the complainants and forward the council's conclusion to the Attorney General's Office as required. The roll call showed unanimous support for that finding.

Why it mattered

The exchange clarified the standard the city uses to evaluate Open Meeting Law complaints: the law is concerned with deliberations by quorums and serial communications that amount to collective decision-making outside noticed public sessions. The council's written response will be sent to the Attorney General's Office and to the complainants, documenting the council's interpretive choice.

Ending

Councilors asked for clearer internal practices on how outside edits and redlines are transmitted to the body so that future confusion can be minimized; several members said they planned to take additional AGO training on the Open Meeting Law.

Attribution: quotes in this account are taken from council comments and from the city solicitor as recorded in the June 15 meeting transcript.