Although four select board members and the town manager announced last week that negotiations had resulted in a new, three-year employment contract, the board did not immediately release the agreement, citing the need for additional review by labor counsel.

The Hull Times first requested the document on May 14 after the board announced the previous night that the agreement had been finalized in an executive session. After the request was denied by Chair Irwin Nesoff, the Times appealed to the state’s Supervisor of Public Records.

The newspaper contends that town’s reliance on the “deliberative process” exemption under the public records law no longer applies, and that draft documents – such as unapproved meeting minutes – are routinely released by public bodies.

In his reply, Nesoff said that a board member was out of town and the document needed an additional signature, although he admitted that “the outstanding signatory does not have the authority to change or amend the contract. Please be assured that once it has been fully signed, you will be supplied with a copy of the contract.”

He also cited town counsel’s contention that “the deliberative process of negotiating the contract would be tainted if the contract were prematurely disclosed.”

The Times’ position is that the board’s announcement of the conclusion of negotiations eliminates the deliberative process exemption under the Public Records Law. In its appeal to the Supervisor of Public Records, the newspaper also objected to the mention of a board member’s absence, as that appears to establish a timetable for the release of public records based on the personal schedules of public officials, which is not contemplated under the law.

The matter remained unresolved at the Times’ deadline this week. On Thursday afternoon, the newspaper received a copy of the agreement by email – seven-and-a-half days after both parties announced that it had been finalized, but within the response window of 10 business days allowed under the law.

-- Christopher Haraden

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