practice in it however, not being put in a position to have an OML filed against them.
She said she spoke to different cities and they function as an advisory committee not a
public body.
Chris read the proposed order from Zaheer: ORDER: That the Malden Youth Council,
established by paper 13-22 as an ad hoc subcommittee of the Community Engagement
and Inclusion Committee (CEIC), is hereby discharged pursuant to Malden City Council
Rule 8.01 (2023) and Robert’s Rules of Order Newly Revised §36:9 (12th ed. 2020).
The CEIC is authorized to establish an advisory youth council, which shall not be a
public body within the meaning of the Open Meeting Law. The CEIC may specify in its
discretion the purpose and function of the advisory youth council, and may establish
and amend from time to time guidelines and rules for the advisory youth council’s
membership, operation, and participation in the work of the CEIC.
(Please note it was brought to the Clerk of Committees attention there was a typo with
Paper # 13-22 mentioned in the proposed order above which should read Paper
#138-22 when the MYC was establised. It which has been corrected.)
Councillor O'Malley explained if he remembers correctly is that originally you wanted to
do an advisory committee and it became an AdHoc Committee the advise we received
from Legal at the was that it was a public body. He reached out to the AG's office
asking if we change it to an advisory committee would not be a public body. At that
time the AG's office said it would still be a public body and he contacted the Legal
Department and they said it would still be a public body also. He would like to see the
law cited and/or an opinion from the AG's Office in writing that says if we make it an
advisory committee it would not be subject to the OML As much as he trusts the
consistency of legal advise we get he would like to make sure we know what is going
on. He feels we are getting opposite feedback that if we characterize it as an advisory
committee now and is looking for a determination from the AG's Office so that we do
not go through this whole process again thinking they are not a public body. We've
been down this road before and he doesn't want to go down it again.
Councillor Colon Hayes said she agrees nobody wants to put the youth or the City
Council in a position that is doing something we are not able to. When she read the
information from the state it is a public body because they are a sub committee off a
committee but if we do what you are suggesting we would be safe like that. We have
had advisory committees before.
Councillor O'Malley said when he reached out to the AG office the materials obtained
from the website was that the Malden Youth Council would be subject to OML.
Councillor Colon Hayes said when she and Councillor Winslow set this up it was a sub
committee and that is the AG was making their report for us. She feels if we disband
what we have restart again that's how it would be different with the same mission but
not being their own public body. We could get in writing she would like that also.
Councillor Winslow said we wanted to be clear that this committee was under the City
Council not the Mayor. It was explained that the purpose of this committee was to
advise the City Council. He as Council President set this committee up so he feels that
question would be can the City Council set up an advisory committee.
Councillor McDonald said that we have advisory committees throughout the City but the
question is does the function of the MYC qualify as an advisory group and is that an
appropriate form of that. Councillor McDonald noted Reading through the April 9, 2025
minutes Zaheer asked if this committee was advisory or are they able to make
decisions and Councillor Colon Hayes said it is just advisory no votes. We were not
told by legal to have to make it a public body it was an intentionally choice to make it a
public body for a number of reasons. The question is that they do not want to be in a
situation like this and the MYC is to isolated to the City Council and only one of this
committee could come to their meetings. The concern is making an advisory group so
that they can advise the Council with information and we can be present.