HEATH — Several residents have questioned the legality of the Selectboard’s decision to hold a private executive session Tuesday to discuss an application to lease one classroom in Heath’s shuttered school.
Larry and Rebecca Sampson have filed an application with the Selectboard to lease one classroom in the former school, with plans to start a homeschool cooperative. The couple intend to open a branch of the Waldorf School, a global alternative educational organization, in fall 2020.
Selectboard Chair Brian DeVriese said he decided to hold an executive session on the matter in accordance with state law Section 21, Part 6. The law permits a public body to meet in executive session regarding a lease “if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body.”
However, a few townspeople questioned this reason, accusing the Selectboard of violating the state’s Open Meeting Law, which requires public bodies to meet in public, with certain exceptions. No one has filed a complaint with the state, though.
After some pushback from residents, DeVriese consulted with interim Town Coordinator Hilma Sumner and ultimately agreed to exempt lease applicant Larry Sampson from the meeting and only include Selectboard members and one Finance Committee member. However, midway through the executive session, DeVriese called Sampson in to join the meeting.
Kara Leistyna, who recently resigned as Heath’s longtime town coordinator, said it was not appropriate for the Selectboard to meet in private about a decision concerning the public.
“I think everyone has a stake in this decision and I think it should be an open meeting,” Leistyna said.
Finance Committee Chair Ned Wolf echoed these sentiments, saying he would have “preferred an open discussion.” However, he conceded that he is not a “legal expert” on the matter.
DeVriese and Sampson both declined to comment on the result of the executive session Tuesday night.
Reach Grace Bird at gbird@recorder.com or 413-772-0261, ext. 280.