'Not Persuaded'

How often does this happen?

A town's lawyer comes into a selectboard meeting with a matter he believes should be taken up in executive session. But instead of everybody nodding wisely in agreement, one selectman speaks up and says, "I need to be persuaded."

Answer: It doesn't happen very often. But it happened at Randolph's selectboard meeting Tuesday evening. Selectman Larry Townsend was the skeptic, and our thanks to him.

The issue was figuring out what to do next with enlarging the municipal building—how to proceed now about Orange County Court has said the existing contract is invalid and new bids must be solicited. Town Atty. Peter Nowlan said he had some ideas for the board to consider, but suggested an executive session, with press and public excluded.

"I need to be persuaded," responded Townsend. "Everybody already knows about the court case. We lost it."

After a little more discussion about the matter, Townsend had decided. "I am NOT persuaded," he declared.

Rather than risk a divided vote, Chairman Jim Hutchinson suggested that Nowlan bring the board up to date without including sensitive information. That he did, and the board was able to ask questions and have a useful discussion. In public.

Vermont's Right To Know Law allows executive session to discuss legal matters—but only where public discussion of strategy "would clearly place the municipality at a substantial disadvantage."

Along with Selectman Townsend, we are "not persuaded" that any such executive session was necessary Tuesday night. That's especially true since one lawsuit has already been lost because of an improper executive session. Judge Teachout is watching!