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|Written by Gillian Smith|
|Wednesday, 20 November 2013 11:20|
The Attorney General’s office has denied a request for reconsideration of an Open Meeting Law determination submitted by Duxbury resident William Zachmann.
The letter was issued on Nov. 8 and stated there was no statutory right to reconsideration of a Sept. 10 letter, which stated a decision that Zachmann had unintentionally violated the Open Meeting Law while performing as the Duxbury Town Counsel Search Committee clerk.
Two complaints were filed by Town Counsel Search Committee member Philip Tortorella against Zachmann, alleging Zachmann had engaged in deliberation by email outside of a properly posted meeting and recorded without first notifying the chair. The determination from the Attorney General’s office said that while Zachmann did violate the Open Meeting Law, it was done so unintentionally, as he believed he had fulfilled his obligation by notifying the chair of committee of his intent to record the meetings.
Assistant Attorney General Hanne Rush said in the letter the Division of Open Government may, from time to time, grant reconsideration where the request identifies a clerical or mechanical error in the determination or a legal or factual issue that may have been overlooked.
“Because your request does not identify any mechan- ical error in the determination or a significant legal or factual issue that the Division overlooked, but rather a disagree- ment with our interpretation of the facts, we decline to revise our determination.”
Zachmann may continue the case in Superior Court if he has the support of three registered voters.