Bennington Select Board releases attorney memo and votes to deny open meeting law complaint

The Bennington Select Board voted on Aug. 5 to release a public-facing version of its attorney memorandum and to deny an alleged open meeting law violation filed by Joey Culkin.

Chair Tom Haley opened the special meeting at the Bennington Fire Facility Multipurpose Room and said the board had received a notice of violation from Joey Culkin and that "our attorneys prepared a memorandum discussing the complaint and the applicable law." Select Board member Ed Woods moved, "I make a motion that we release the public memo," and the board agreed to split the procedure: first release the public-facing memo, then vote on the complaint itself. Chair Haley called the release vote and said, "We're unanimous on that." The board then took the separate motion to deny the complaint; the motion passed with one opposed (the transcript records "We have 1 opposed" but does not identify that member by name).

The release was described by Haley as a public-facing memorandum that "would provide to the public without disclosing confidential advice and therefore without waiving attorney client privilege." The board's recorded actions were limited to (1) releasing the public version of the attorney memorandum and (2) denying the open meeting law complaint. The transcript does not record a roll-call identifying votes by name for the denial; the board recorded the outcome as passed with one opposed.

The board declined to enter executive session and adjourned. The transcript states the meeting date as "Wednesday, August August 5th"; the year is not specified in the record provided.

What happens next: the public-facing memorandum will be made available per the board vote; the complaint denial is the formal outcome recorded in the meeting.