Open Meeting Law -Barnstable Board of Commissioners

May 15 2015

Board of Commissioners at odds

Written by E.J. Albright

Service on the Barnstable County Board of Commissioners must be the most frustrating elected office on Cape Cod.Leo Cakounes, the outspoken newcomer to the board, suspects that the chairwoman is conspiring to keep him out of the information loop and bypass him on decisions. He has sought help to expose this perceived injustice from the commonwealth’s attorney general, the local press, almost anyone who will listen. But the perceived abuses of power have not stopped, nor have his efforts to publicize them received much attention.

At the same time, the board chairwoman, Sheila Lyons, is openly frustrated at Cakounes’ frequent attacks on her.

At last week’s meeting she did not deny the accusations, but instead questioned Cakounes’ motives for bringing the charges.

The third commissioner, Mary Pat Flynn, at times tried to mediate, at other times expressed disapproval at how these conflicts are being handled, and at one point found herself defending accusations of whether she had received information that Cakounes had not.

The ongoing conflict came to a head last week during discussion of a request by Lyons to have the Board of Commissioners hire a special counsel for a personnel matter, an employee who has been out on sick leave.

The unnamed employee has requested to extend that leave. The board approved the motion 2-1, with Cakounes dissenting.

The debate over the motion resulted in several fiery exchanges between Cakounes and Lyons. Cakounes accused Lyons, and by extension Flynn, of violating the commonwealth’s Open Meeting Law, which establishes how public bodies must conduct business in the open and before the public.

During past requests by Lyons to hire special counsel related to personnel matters, Flynn has been opposed. But at last week’s meeting, she changed her vote. Cakounes demanded to know why.“Now we have a very specific reason,” Flynn said. Cakounes asked what that was. Flynn did not elaborate, but said that the commissioners “now have a very special need … we know now what we’re going to do.”“I’m not clear at all,” said Cakounes.

Later he said, “I have not received any information in regard to that specific situation that we need to hire special legal counsel.” According to Cakounes, he has received no additional information regarding the employee that would require the sudden need to hire special counsel.“If you can’t pick up what has changed, then there is a nuance you’re missing,” Lyons said.Cakounes also accused Lyons of violating the county charter, which details the powers invested in the Board of Commissioners. Specifically, Cakounes claims Lyons solicited new legal counsel to advise the board on her own, which according to the charter is a power of the board, not the chair.

Last month County Administrator Michael Brillhart sought the advice of an outside legal firm and sent that opinion to the commissioners. Cakounes asked him why he did that, and Brillhart replied he had been asked to get the legal advice by Lyons.“Once again a violation of the charter,” said Cakounes.“Write it up and send it to the attorney general,” said Lyons.Lyons did not deny the accusations, but instead issued an ad hominem critique of Cakounes, demanding to know his motives for not wishing to hire a special counsel.County Counsel Robert Troy was present at the meeting for another matter, but kept his counsel as the commissioners bickered over the law.

At no time was he asked his opinion as to whether the commissioners were or were not violating the law, other than to reiterate that it was within the power of the Board of Commissioners to hire special counsel.Ironically, the matter that brought him to the meeting was an Open Meeting Law complaint brought by The Barnstable Patriot in July 2011.

The Patriot had complained that the agendas posted by the board lacked sufficient detail, and the Massachusetts attorney general’s office agreed. In a Feb. 11, 2012, letter,............

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