HAMPDEN – Resident Jim Smith expressed disappointment in the Board of Selectmen’s handling of the open meeting law violation complaint he filed against them in late October.

“What I’m concerned about is that they didn’t take it seriously,” he said.

Smith submitted his complaint on Oct. 30, alleging the selectmen inappropriately convened in executive session during their Oct. 29 meeting to discuss “ongoing litigation” regarding the issues between the town and the Hampden-Wilbraham Regional School District. Residents at the Special Town Meeting that took place after the selectmen’s meeting voted in favor to revive the lawsuit between the town and the district. The selectmen have yet to make a determination on whether they would take the necessary steps to vacate the settlement agreement and further pursue litigation.

According to Smith’s complaint, because a settlement that was reached in the case between the two bodies is still in effect, there was no ongoing litigation to discuss, and therefore the board should not have adjourned to executive session for reasons of litigation.

Smith also alleged that the attorney representing the town in the case cited attorney-client privilege, however, Smith stated his understanding that such privilege is not a basis for an executive session under the law.

In his complaint, Smith requested the board admit during an open meeting and for the record the executive session was improperly convened and release the minutes of that meeting.

According to the Open Meeting Law, complaints must first be directed to the public body in question. That body has 14 business days to issue a response. Once the complainant has received the response, he has the option to either accept that response or bring the issue to the attention of the Attorney General’s Division of Open Government. The Board of Selectmen voted at its Nov. 13 meeting to direct Town Counsel Rose Crowley to issue a response to Smith regarding his complaint.

When queried about when he should expect to receive the response, Board of Selectmen Chair Vincent Villamaino said, “I have no idea.”

Pam Courtney, administrative assistant to the board, advised the board that a response had already been drafted and could be issued as early as Nov. 14.

Smith said the issue raised in the complaint was not the first Open Meeting Law violation regarding the use of executive session he has witnessed and he previously raised his complaints to the board in a memo during the week prior to the Oct. 29 Special Town Meeting.

“What frustrates me is there are a lot of people asking questions and no one’s getting answers,” he said. “I am fully aware of the need for the executive sessions under certain circumstances and I think it’s a necessary tool. I think it’s being used inappropriately.”

In other business addressed at the Nov. 13 meeting of the selectmen, Town Administrator Mary McNally advised the selectmen that the previously unsuccessful water and sewer project was back on the table for discussion. She said there were preliminary dialogues with East Longmeadow Town Manager Denise Menard and Springfield’s Water and Sewer Commission, but nothing substantive has been discussed.

John Matthews of the Planning Board addressed the selectmen and McNally, noting the biggest question for East Longmeadow would be whether they had the capacity to accommodate Hampden’s water and sewer needs. He also stressed the Planning Board should have a seat at the table for any discussions on the issue.

McNally said she had “every intent on engaging planning.” McNally also reported the town is investigating a uniform information technology process to address the “haphazard treatment of computers” utilized by town offices. She noted the town did not have a full-time option for technical support and many computers are outdated. Addressing a related issue, Selectman John Flynn said the town is looking to improve its website.