##VIDEO ID:eg9bKcKpcTQ## yep okay thank you okay so our first um our first item was we wanted to I understand he put some email traffic but understand what is your timeline for responding to the motion that we made on August 19th for explaining well it was SP motion um what we did on the 22nd was we did a response to that request from the 19th the end of that discussion you asked or we agreed that he would take the bullet analysis to some review of that make some commentary and then go back and own analysis and present on the 24th of September which is the schedule they're working on intentions to do that bu session we've done quite a bit of intermediate analysis um flogs and the bullet analysis um the uh but at the end of the day the power supply portfolio on the hedging they be for the past years several million dollars so the analysis in public session on 24 that's the schedule okay we need to see the analysis prior to it being presented at public meeting it's been four weeks since we made the motion it's it's you're you're the ird you know you were the expert in this area that's true you have in-house experts you have en four weeks is a lot is a lot of time and it's a spreadsheet so I would like to just formally ask you to present this to us in writing next week will not be ready for next week okay so you asked for a third so I mean let's be but we're here at a public meeting now C we ask these questions have it to you on the 20th just next week can we ask question okay so you'll have it to us in writing on the 20th answer okay so we want we just need a chance to review all the is there a reason why you can't have it sooner than nine days from now um I mean it's just no that's good you want a detail analysis look got the analysis it's just so so the public audence understands power supply as you guys know it well is rather complicated lot parts to it you can make numbers say anything you want we try and do it in a very professional way to manage the power supply portfolio that affects R it's a significant part of our col of he and have been a partner since 2017 they are an expert at it yeah and so the request was at the meeting to have them do the analys my understanding is Mr Bullock sent them some stuff which is a whole another falet um but we will so on the 20th end of the day on the 20th we'll deliver backage with do you do you are you saying that the numbers for March and April are wrong because You' said that the at the meeting of the 19th or the 20th the numbers that you shared that came from Bullock AR okay so arml did not lose 400,000 in change in March and in April is a correct stat it did not lose that I'll give you the detail analysis okay well I mean that just naring it down to that piece would be helpful like well like so that ISO did not have to sell our will DEA power and there was not the $400,000 da power supply is something that I enjoy immensely and I'm being very respectful that is my intention today there is a lot of pieces and so I will I will put the packets together I will walk the entire board through how it all works and what the implications were do that Prov right that is correct made that statement I'll stand by it but you just said we didn't boost $400,000 in March or $400,000 that's all right okay thank you okay so we've had significant email correspondence over the last day about items whether they occur in executive session or regular session so at this point as the agenda is written we it move to go into executive session however I received guidance that even though these are performance related sorry that topics that could be covered by es that it has to have that's the guidance I got if anybody disagree with that guidance or was from where attorney but my intention had been discuss anything that was related to there was a there's a performance related overlaps with some things that normally would be exed session now was my preference because it just feels more appropriate don't know how the board feels about that that's why I put it that way we then had an email from Phil saying no no no you have to do it regular and then you're you had a lawyer write us a letter saying everything needs to be done correctly properly and well so I asked the ago the AO said you have to do that in regular session at this point I'm open to discussion about which paths to take and the AO recommended that we read the motion as presented and rejected sure that we do not go into executive session or read the motion as posted right reject going into executive session and then can hold those topics or discuss those topics in an open meeting format right and then that's okay to do even though it's happening in the meeting that's what I was told well the um correct because the suggested motion mentions that it is going to be a performance related item and so the topic that we' be then discussing is a performance related topic so it's not like we're now talking about rates or right something else we're talking about something which was indeed represented in that presentation so that's the direction of the AG what letter yeah H um so many workers in my own field um then I would oppose you read the motion rejected and discuss the issue be addressed you have any input on that right you had a lawyer write us a letter that he have any input or do you want to ask him no I so I don't have the input the meeting laws you guys are responsible dur the meeting I here the general manager did you ask your lawyer having written us last night from your lawyer did you ask him for an opinion on heading handle this because we're happy to take we're human beings as well as Commissioners and you had a lawyer write us a letter so well the letter was pretty simple and it basically stated that I'm committed to serving yeah there are contracts and laws that just didn't be appear to and and given what happened on the 22nd no that's that's fine uh I'd like to is Nick scobo here yes yeah I mean you're you're you're an expert in of these processes Nick and you're here and I take it you were cced on various pieces of Correspondence and there you are do you have an opinion on what the board should do given that you represent rmld and not Greg fips you're muted excuse me say that again I had a hard time hearing you do I have an opinion on what well we uh I don't know if you have all the background but I saw you were cced on correspondence yesterday and we're at a point where we put on Executive session certain performance related items that overlap in my what I thought was overlap in some ways with executive session topics that had previously come up uh after I received an email from Phil pasino saying hey this actually all needs to be in regular session and I said okay I believe Phil knows what he's talking about and I want to listen to him and also having received a letter from the you were ccon from Greg's lawyer saying all processes need to be followed which I agree with all laws and processes need to be followed I asked the ago today is this executive session correct and I received the opinion back no it is not correct you should do all this in regular session including your report and including the performance related items that we were going to discuss that's the guidance I received today and I am trying to do my best as a volunteer commissioner to follow the law and ask the ago and now ask you what is your opinion I had a a couple of minutes to look at the a AG's note to you and I'm not so sure I agree with your characterization of it I think what the what I think the Attorney General said and B B on my and based on my experience um in advising boards um to go into executive session or not um if if you have an item that deals let's talk about power supply you may have non-disclosure agreements you may have restrictions in those power purchase agreements that um that they're confidential as to pricing and I I haven't you know really haven't looked at all the stuff you have but you may have those in which case that should be under executive session because otherwise the result is you're um letting out a trade secret as the Y in chapter 164 with respect to to my uh uh analysis or my discussion I'm I'm going to be advising you and I think that's approp rate for executive session um because it's an attorney client um you being um the rmld uh about uh what was done what has what should be done what the insurance policies as I interpret them indicate and why why um where we stand today let me put it that way um so for me I air more on going into executive session than not you can always release executive session minutes when the you when the purpose of the executive session is no longer valid a decision has been made it's not an emerging policy position those kinds of things so personally I I think it's better to go into executive session um and then if you feel that the minutes of the executive session indicate that it shouldn't be at your next board meeting release Matt you you addressed the the question as to reason 10 for executive session uh but not reason number one which is items having to do with evaluations and complaints and things of that nature so that's what we're talking about in this particular topic area and that's the that's the purpose as stated in the agenda of the reason for going into executive session is what I was saying when I just said that you're talking about item one on your attachment B that is correct if we can't hire lawyers we you know we do our best without being able to hire lawyers well but here you are so what do you think I would go into executive session for this all right that would be my advice um and and because I think you're going to be talking about well you you've kind of laid it out here um consistent inability to maintain critical management Etc ET you're we haven't decided whether we're doing that right in we're in regular session right now Nick so before you start talking about what's in there all right my my advice would be to go into executive session that that would be my advice you can always come you can always come out of it you can always once you finish your next meeting vote the minutes in into Open Session release the minutes if you don't feel it's necessary I don't know where you're going to go so okay do the board think of what they just said uncertainty right um given the importance of the topic I I I I trust Nick but we also heard something different from ago I I think is what you're you're telling us I don't want process to get in the way of right thing I'm worried about that back back to Nick to your point we can release minutes if we deemed that we did maybe we should have been in the open session we can always release the minutes post oh yeah and if you go into executive session you go through whatever you're going to deal with and you determine at your next meeting you can vote you can determine that that it it was well we didn't really get into something that was worthy of executive session you can always vote at that time in your next meeting to release the minutes of the executive session you just do it you got to do it but we're not able to hire a it was interesting the ago's email says you should the board of commissioner should ask floor because we're not allowed to do that oh that's is that no I know but it's present all right so I think we need to read the motion and hope we need more time to think about it take a roll call vote on motion to goad second sessionless this more discussion before we no I think we time to get the motion I can read it goad move that the rmld board of commission is going to Executive session pursuant to master laws uh chapter 164 section 47d exempt from public records and open meeting requirements and certain instances to discuss the reputation cared through in physical conditions or mental health rather than professional competence of an individual want to discuss the discipline or dismissal of or complaints or changes brought about against public officer employee staff member or individual to discuss Trade Secrets or confidential competitively sensitive or other proprietary information provided in the course of activities conducted by a government body as an energy supplier under a license granted by the Department of Public Utilities general laws chapter 164 um squiggle um onef a section uh one F and return to a regular session for the sole purpose of adjournment second second uh so we do a call vote just is that um if the discussion that we have we determine at a later date we have any concern about it not following the proper process releasing the note yeah afterwards and T would remedy that issue that's that's what you're saying Nick okay okay then are we ready for a vote um so again clarification so who stays who goes I mean it's closed so we'll be recorded for posterity but our guests are or that we we will thank you for coming I I throw you out I want to make sure I understand we're ask we have to see here I mean I just I just want to acknowledge you're here and thank you for coming and thank you we it's just the sensitive nature of it and we appreciate the I yes we're not doing public comment but thank you so ready for a vote did have something raise again I'm sorry I didn't I didn't hear you oh I I saw I thought I saw you raise your hand I just wanted to make sure if you have another comment thank you okay ready for a vote okay call uh I I we are now in executive session so thank you guys for coming appreciate it thank you Nick I'm gonna go to the other meeting okay e e e e e e e e e e e e