Mass Open Meeting Laws – Helpful or Hindering?

In Massachusetts, open meeting laws are designed to ensure transparency and accountability in government. The primary law governing this is the Massachusetts Open Meeting Law (M.G.L. c. 30A, §§ 18-25). Here are the key points:

What is the Purpose of the Open Meeting Law?

The law aims to promote transparency in public meetings and ensure that citizens can observe and participate in governmental decision-making processes. The law applies to all state and local government bodies, including boards, commissions, and committees.

How does the Open Meeting Law Define Meetings?

A meeting is defined as any gathering of a quorum of a public body to discuss or deliberate on public business. This includes in-person meetings, phone calls, and emails.

Do you realize what this means in Holliston? We have only a three-member Select Board. Except during open meetings, discussions between two members of a three-member select board could potentially violate the Open Meeting Law if they constitute “deliberation” as defined by the law. Imagine how awkward that is!!

It is important to understand there may be exceptions: such as purely procedural or administrative matters. However, what happens if that distinction isn’t clear? There could be logistical topics (e.g. time, location of meetings) and policy discussions, and they could potentially violate the open meeting laws — even without the intent to do so.

The fact that members who are serving on the same board are only allowed to have “personal” or “political” discussions with NO discussion of town matters should be of concern to all of us because it likely means that meetings are longer, non-substantive matters have to be “aired” in public, and let’s face it, it’s just inefficient.

Other Key Features of the Open Meeting Law

Public bodies must provide at least 48 hours’ notice of a meeting, excluding weekends and holidays. The notice should include the agenda and be posted in a location accessible to the public, such as a municipal building or online.

Meetings must be open to the public, and members of the public should have the opportunity to attend, observe, and participate in discussions, though participation can be regulated by the chair.

Minutes of the meetings must be kept and made available to the public. These minutes should include a record of all votes taken and a summary of discussions.

What About Executive Sessions?

Certain topics may be discussed in executive sessions, but only under specific circumstances outlined in the law (e.g., matters of national security, litigation, personnel issues). The public committee, commission, or board must state the reason for going into executive session during a public meeting.

What Happens if Open Meeting Laws are Violated?

Individuals can file complaints with the Massachusetts Attorney General if they believe an open meeting law violation has occurred. The Attorney General can investigate and enforce compliance. Violations of the law can result in fines for public officials or members of a public body.

Overall, the Massachusetts Open Meeting Law seeks to foster an environment of openness in government, allowing the public to be informed about and engaged in the decision-making processes that affect them.

I’m not sure what all of this means, but I would think that perhaps these rules should be revisited and find a way to ensure that should board or committee members be in the same place at the same time, they should not be worried about violating this archaic law. I think most of us agree that open meetings are important, but when any board or committee member is hogtied in this manner, it’s not a good use of their time (nor is it an efficient use of meetings!).

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One thought on “Mass Open Meeting Laws – Helpful or Hindering?

  1. You’re correct — it can be awkward when two members of a three member board are together in a setting other than a posted public meeting. But awkwardness is less important than following a purposeful law. I was a member of a three person board for nine years. I saw other members socially during those nine years. While it was tempting to “deliberate” we all understood that it was a threshold none of us wanted to cross. I was on the Board of Health and we held public hearings for matters having to do with, among other things, the issuing of permits. Our deliberations had to be preserved in the minutes in case of an appeal. Not only would discussions not in a public hearing be illegal, but they wouldn’t have been fair to the applicant. I never felt “hogtied,” by a law that I had taken an oath to uphold.

    It important to understand that “deliberation,” as defined by the Open Meeting laws is only concerned with matters that are under the jurisdiction of the body. It is not “NO discussions of town matters,” as Anonymous stated.

    The Open Meeting Laws do not need to be revisited. Every applicant, abutter, or just an interested party, has the right to see what goes into every decision made by those of us who make the decisions that affect them.

    I am a current member of the Finance Committee, but am expressing my personal opinion and not that of any other members.

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