The Ombudsman investigated a closed session held by council for the Town of Plympton-Wyoming. The meeting was closed under the personal matters exception. Council discussed the employment history and qualifications of two individuals interested in filling a council vacancy. Accordingly, this part of the discussion fit within the personal matters exception. Council also discussed the method to be used to fill the vacancy either a by-election or appointment. The Ombudsman found that this part of the discussion did not concern personal matters of identifiable individuals. According, this part of the discussion was not permitted to be closed to the public.
Town of Plympton-Wyoming, February 10, 2021
Read the ReportThe Ombudsman investigated a closed session held by council for the Town of Plympton-Wyoming. The meeting was closed under the personal matters exception. During the closed session, council made the decision that a motion should be brought in open session to appoint an individual to a council vacancy. The minutes did not record the vote as a direction, however, the Ombudsman found that the decision was intended to be a direction to staff. Accordingly, this vote of council was permitted in camera.
The Ombudsman investigated a closed session held by council for the Town of Plympton-Wyoming. The meeting was closed under the personal matters exception. During the closed session, council made the decision to fill a council vacancy by appointment rather than by holding a by-election. The Ombudsman found that the discussion about whether to call a by-election or proceed by appointment did not fit within the “personal matters” exception. Accordingly, this vote of council was contrary to the open meeting rules.
The Ombudsman investigated a closed session held by council for the Town of Plympton-Wyoming. The meeting was closed under the personal matters exception. The Ombudsman found that council’s discussion about the employment history and qualifications of two individuals interested in filling a council vacancy fit within the “personal matters” exception to the open meeting rules. However, council’s discussions about whether to fill the vacancy by holding a by-election or by appointment did not fit within the “personal matters” exception. The Ombudsman found that it would have been possible for council to parse the two discussions. Council could have discussed the method to fill the council vacancy in open session then proceed to closed session to discuss personal matters relating to the individuals interested in filling the council vacancy.