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Advisor says BCA lacks role in adjudicating public‑meeting complaints; statute requires written complaint
Summary
A legal adviser told the Board of Civil Authority that complaints alleging open‑meeting violations must follow a statutory written complaint process and be filed with the body alleged to have committed the violation; the BCA does not act as an investigator in such cases, he said.
Colin, the meeting’s legal adviser, told the Board of Civil Authority that a resident’s referral from the Secretary of State did not give the BCA authority to adjudicate alleged open‑meetings violations. "There is a specific process, to allege violations of public meeting, that's laid out in the statute," he said, and cited the statute as "1 BSA 3 1 4."
Colin explained the statute requires a written complaint "outlining the specific allegations" and that the complaint must be submitted to the body alleged to have violated the law so that the body can respond or redress the issue. Board members asked whether a public‑comment item recorded in minutes would satisfy that requirement; Colin said minutes or an on‑the‑record comment typically would not meet the statute’s written‑complaint standard and that an email meeting the statute’s elements would be more appropriate. The board asked for follow‑up to ensure the resident is directed to the correct filing route.
