[Editor’s note: This letter was originally sent to Duxbury’s state representatives and state senator.]

We write regarding amendments to the state’s Open Meeting Law, passed July 1, 2010.  While no doubt well intentioned, some of the changes are having the perverse impact of making our town meetings “less” open.

As the State Legislature is curiously exempt from the Open Meeting Law’s requirements, you may not be completely aware of the day-to-day impact this is having.  Specifically we draw your attention to the notice requirements regarding open forums. Currently the law does not  distinguish between members of the public and members of a board or committee. Board members can and should be expected to adhere to and confine discussion to posted “topics.”

It is just as clear however that members of the public can and should be able to attend a public meeting to raise an issue of concern without prior permission.  The right to petition the government for redress of grievances, enshrined in the First Amendment, is one of the most fundamental to our nation.

Forcing residents to call ahead, reserve a space and ask to be placed on an agenda undermines this right.  Yet, that is exactly what the revised Open Meeting Law now forces us to do.  Taxpaying citizens who attend our meetings to raise an issue must now be silenced and turned away or we face legal sanctions.

The Open Meeting Law’s notice requirements were designed to be used as a shield to prevent surprise deliberation without the public being made aware. Yet now they have been fashioned as a sword with which to strike down any hint of open discussion.  We urge you to remedy this growing problem and restore a necessary balance to this important law.  Thank you for your prompt attention to this matter.

Duxbury Planning Board

Amy McNab, Chairman

John Bear

Josh Cutler

Cynthia Ladd Fiorini

Brian Glennon

Jennifer Turcotte

George Wadsworth