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Westwood Select Board has adopted a new policy for public comments, establishing expectations for how community members may participate in town meetings. The framework was drafted by Westwood Town Administrator Connor Read, who summarized the policy at the board’s hybrid meeting on Monday, March 9, held both online and in person at Westwood Public Library.
In the board’s past practice, the ability to provide public comment had been at the discretion of the chair. In creating a draft public comment policy, Mr. Read said he worked with Town Counsel Pat Ahearn and he referenced the 2023 decision of the Massachusetts Supreme Judicial Court in Barron v. Kolenda, which Mr. Read said has altered the landscape of how public boards treat the public comment period. The case has been cited for legal guidance on how municipalities in Massachusetts should handle public comments at town government meetings.
In Barron, the Supreme Judicial Court found unconstitutional a civility code implemented by the Southborough Board of Selectmen, when the board used it to silence a citizen who, during a public comment period, accused board members of violating the state’s Open Meeting Law. The court stated that while civility could be encouraged, the citizen “has the right to accurately complain about violations of law committed by town officials and object to other town actions, including its spending practices, and to express her views vehemently, critically, and personally to the government officials involved.”
Mr. Read summarized key characteristics of his draft public comment policy. Public comments will be heard early in Select Board meetings to allow busy residents to plan to participate and leave for other obligations, if needed. As the meeting proceeds, further public comment may also be allowed. He noted that as a general rule, the Select Board will provide answers to questions raised during public comment. If a question should be answered by another body (such as the Planning Board or Zoning Board of Appeals), the board will make the appropriate referral, he said. If the board does not have an answer ready, it will provide an answer at the beginning of the board’s next meeting. Mr. Read noted that the policy represents a more open process between Select Board and residents.
Select Board Chair Marianne LeBlanc Cummings and Clerk Joe Previtera approved the new policy. Mr. Previtera noted that Mr. Read’s draft captured his concerns “perfectly” and underscored his belief that getting input from the public is of great importance to the board.
Before formally adopting its new public comment policy, and within the same meeting, Westwood Select Board had already begun demonstrating actions in line with the policy. Near the beginning of its March 9 meeting, the board provided answers to outstanding questions that had been raised during its last meeting on February 25 :
- Regarding a resident’s prior question about whether the town’s charter allows for the creation of the relatively new assistant town administrator and deputy town administrator positions, Ms. Cummings stated that the charter offers a broad grant of authority to the town administrator, and that there is no explicit prohibition against the creation of the positions or titles. She also noted that the positions were reviewed by Westwood’s Personnel Board in 2022 and 2024.
- Regarding a resident’s prior suggestion that the FS1 Steering Committee expand the criteria on its scorecard for evaluating potential sites for constructing a new fire station, Ms. Cummings noted that the request has been referred to the steering committee.
- In answer to a prior request for the board to respond to voting results at Special Town Meeting – an outcome which indicated the desire of a majority for the Select Board to end the town’s litigation against Westwood Land Trust - Ms. Cummings noted that the board would also like to resolve the case. She added that no additional legal expense has been incurred since it was announced at Special Town Meeting on February 2 that a total of $15,300 in legal fees had so far been spent.
In contrast to the board’s recent past practice of leaving residents’ questions unanswered, Select Board during its March 9 meeting promptly responded to the public's questions. A complaint from Lynne Viti about the difficulty of joining Monday night’s meeting, and her suggestion for a more efficient method to allow residents to join, was acknowledged by Ms. Cummings. The Select Board chair noted that the process should be easier than what Ms. Viti experienced that night and said the issue would be looked into. A question from another resident regarding whether meeting participants could be allowed to view a list of online participants was also addressed. Ms. Cummings stated that the board would consider it.
Along with drafting Select Board’s new public comment policy, Mr. Read said he hopes to introduce recurring office hours to meet with the public. Office hours present another opportunity for residents to raise comments with town officials. Mr. Read hosted the first such meeting on Friday morning, March 6, with Ms. Cummings. On Wednesday afternoon, March 19, Mr. Read and Mr. Previtera will hold office hours at Wentworth Hall.
Mr. Read called his meetings with town residents thus far a positive experience. He expressed hopes of creating a culture of welcomeness and communication, which he says will “help me do my job the best I can, to serve this community.”
Select Board’s next meeting is scheduled for Monday, March 23 at 6 p.m., in-person in the Westwood Main Library’s small conference room and online, where residents will have the opportunity to participate under the board's new public comment policy.
