Selectmen chair gets thumbs down on document policy

INDEPENDENT FILE PHOTO Michael Kopko, chairman of the Board of Selectmen Selectmen chairman Michael Kopko found no support last week when he asked for his board's approval of a new policy relating to the selectmen's access to documents.

Kopko explained to the board that his request stemmed from an early summer attempt to obtain a draft document of recommendations on how to improve functions of the Finance Department that was compiled by town consultant Mark Abrahams. He said he was denied the draft from the contractor, assistant town manager Malachy Rice and town manager Libby Gibson. He sought advice on the matter from town counsel Paul DeRensis who e-mailed Kopko a page-long reply on Sat., June 20.

Citing excerpts from the town charter and state general law, DeRensis wrote that "We answer you that, in our opinion, the selectmen of the town of Nantucket are to be afforded access to all documents and records of the town within their oversight jurisdiction and therefore we answer your question in the affirmative, 'yes.'"

The matter, said Kopko, was not just wanting to read the report, but that a bigger issue revolved around elected representatives of the government knowing what is occurring. He told the board that they have a responsibility to perform their jobs well in a knowledgeable fashion, which makes it important for them to have access to pertinent information.

Selectman Patty Roggeveen, stressing that the report was in draft form when Kopko requested it, said it is not unusual for staff to vet a draft document prior to its release.

In Rice's Sept. 9 letter of resignation containing several points of criticism against DeRensis, he highlighted the issue of the document request and DeRensis' response to Kopko, stating that "Too often the advice provided by Town Counsel is political in nature rather than being objective, impartial and unbiased legal advice. This is evidenced by the fact that Town Counsel was willing to provide advice that misrepresented the Town Charter in order to support the position of one member of the Board of Selectmen."

Roggeveen last Wednesday told the board that she supported Rice's position that the staff had the right to correct Abrahams' draft before passing it out for scrutiny. In her view, DeRensis never stated that Kopko should have access to the report, adding that instead that access should be for the full board.

Selectman Brian Chadwick agreed with Roggeveen, saying that he supports Rice's and Gibson's rights under the charter, stressing that there is a line between the responsibilities of the selectmen and town administration.

Roggeveen continued with her position, asserting that no single board member should ask the town manager for a specific document without the full support of his or her co-selectmen. She noted her support of Gibson's decision to distribute documents when she deems it is the correct time to do so.

"The town manager is in charge, not town counsel," she said.

Portraying the discussion as an "obvious point of contention," selectman Rick Atherton stated that neither the town manager nor the public was being served by the conversation.

"This is about a document in progress, and an individual member does not have the standing to request [it] without knowledge of the full board," Roggeveen reiterated, adding that there is likely nothing urgent contained within Abrahams' report. "It has become a case of who is right and who is wrong. That's the sad thing to me. Ultimately, this is not an issue I would like to see contention painted from. …It's not as simplified as I asked for something and I didn't get it. I think there is a lot more nuance to this issue."

DeRensis was not present at the meeting. I