Gavin Howe
The Open Meeting Law in Massachusetts encourages government transparency and requires that all meetings of a public body be open to the public. In the case of an emergency, a public body must post notice of the meeting as soon as possible, and in non-emergency cases, at least 48 hours prior. The law defines a quorum as a simple majority of the members of a public body, and any discussion of public business by a quorum must take place during a properly posted meeting. The law does not require public bodies to allow public comment during meetings, but it encourages as much public participation as possible.
| Characteristics | Values |
|---|---|
| Notice of emergency meetings | Should be posted as soon as reasonably possible before the meeting |
| Notice contents | Date, time, place of the meeting, and a listing of topics to be discussed |
| Notice format | Legible and easily understandable |
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What You'll Learn
Encouraging government transparency
The Open Meeting Law in Massachusetts encourages government transparency. The law states that all meetings of a public body shall be open to the public, except in an emergency. In non-emergency situations, public bodies must post a notice of every meeting at least 48 hours in advance, excluding weekends and legal holidays. This notice should include the date, time, place, and topics to be discussed.
The law defines a "quorum" as a simple majority of the members of a public body, and if this quorum wants to discuss public business, they must do so during a properly posted meeting. However, the law does not require public bodies to allow public comment during meetings, although public participation is encouraged. Additionally, all open session meetings must be accessible to individuals with disabilities.
To promote transparency, the law discourages the use of electronic devices by members of public bodies during meetings. This is to prevent private deliberations, which are prohibited by the law. Any use of electronic messaging to communicate with a quorum of the public body during or outside of a meeting may constitute private deliberation.
The Open Meeting Law applies to various public bodies, including boards of selectmen, school committees, subcommittees of public bodies, and local commissions on disability. However, it does not apply to the Legislature, judicial branches, individual government officials, or certain types of advisory bodies.
By adhering to the Open Meeting Law, Massachusetts promotes transparency and encourages public participation in the decision-making process. This law ensures that the public has access to information and can hold their government accountable.
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Notice requirements
The Open Meeting Law in Massachusetts encourages government transparency. The law requires that all meetings of a public body be open to the public.
- Unless it is an emergency, a public body must post notice of every meeting at least 48 hours in advance, excluding Saturdays, Sundays, and legal holidays.
- In an emergency, a public body must post notice as soon as reasonably possible before the meeting.
- The notice must be printed in a legible and easily understandable format.
- The notice must include the date, time, and place of the meeting, as well as a list of topics that the chair reasonably anticipates will be discussed.
- For meetings of a regional or district public body, notice must be filed and posted in each city or town within the region or district.
- For meetings of a regional school district, the secretary of the regional school district committee is considered the clerk and must file notice with the clerk of each city or town within the district.
- For meetings of a county public body, notice must be filed in the office of the county commissioners, and a copy of the notice must be publicly posted and easily visible to the public at all hours.
- For meetings of a state public body, notice must be filed with the attorney general by posting on a website, and a duplicate copy of the notice must be filed with the regulations division.
- Within 2 weeks of qualification for office, all persons serving on a public body must certify that they have received a copy of the open meeting law, regulations, and educational materials.
It is important to note that the Open Meeting Law does not apply to the Legislature and its committees, bodies of the judicial branch, or bodies appointed by a constitutional officer solely for advisory purposes. However, certain legislative commissions must follow the Law's requirements, including boards of selectmen and school committees.
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Public participation
The Open Meeting Law in Massachusetts encourages government transparency. The law defines a quorum as a simple majority of the members of a public body, unless otherwise specified by law, executive order, or other provisions.
While the law does not require public bodies to allow public comment during meetings, they are encouraged to allow for as much public participation as possible. The Supreme Judicial Court has explained that content-based restrictions on public comment may violate the Massachusetts Declaration of Rights, which protects the right to assemble and free speech.
The public has a right of access to the meetings of public bodies at the state and local levels, and can inspect and copy meeting minutes. Massachusetts law requires public bodies to give notice to the public of its meetings at least 48 hours in advance, excluding weekends and holidays. The notice must include the date, time, and place of the meeting.
During meetings, public body members should refrain from using electronic devices to discuss matters within the jurisdiction of the body if those communications are not shared with the public. Electronic messaging by less than a quorum of members is discouraged but not prohibited.
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Remote meetings
The Open Meeting Law encourages government transparency. However, during the state of emergency in Massachusetts, temporary provisions were implemented to allow public bodies to hold meetings remotely. These provisions were first introduced in March 2020 and have been extended several times, most recently until June 30, 2027.
Under these temporary provisions, public bodies may continue to hold meetings remotely without a quorum of the public body physically present. However, they must provide "'adequate, alternative' means" of public access to the deliberations. This may include telephone, internet, or satellite-enabled audio or video conferencing, or other technologies that allow the public to follow the proceedings in real time.
If a meeting is held remotely, the public body must provide clear instructions for accessing the meeting, and members of the public must be able to gain access up until and throughout the meeting. They should not be required to register in advance. If technical difficulties prevent the public from accessing the meeting, it should be canceled or adjourned and rescheduled.
While the Open Meeting Law does not require public bodies to allow public comment during meetings, it is encouraged to allow for as much public participation as possible. Public bodies should avoid the use of electronic messaging during meetings unless those communications are shared with members of the public in attendance.
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Quorum requirements
The Open Meeting Law in Massachusetts defines a quorum as a simple majority of the members of a public body, unless otherwise specified by law, executive order, or other provisions. This means that for a quorum to be present, there must be more than half of the members of the public body in attendance.
For example, if a public body has seven members, a quorum would consist of four members. If there are two vacancies in the same seven-member public body, resulting in only five members serving, the quorum would still be four members.
It's important to note that the Open Meeting Law allows for remote meetings and does not require a quorum of the public body to be physically present at a meeting location. However, electronic messaging among members of a quorum during a meeting is generally discouraged, as it may constitute private deliberation, which is prohibited by the Open Meeting Law.
In the case of a local commission on disability, a physical quorum is not required if remote participation is authorized by a majority vote. Nonetheless, the chair or their authorized substitute must be physically present at the meeting location.
The Open Meeting Law ensures government transparency and encourages public participation during meetings. While it does not mandate public comment periods, it emphasizes the importance of accommodating public input as much as possible within the given time and circumstances.
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Frequently asked questions
An emergency is when a public body must post notice of a meeting as soon as possible before the meeting. The notice must be printed in a legible, easily understandable format and contain the date, time, place, and topics to be discussed.
The Open Meeting Law states that all meetings of a public body shall be open to the public. It encourages government transparency.
The purpose of the Open Meeting Law is to ensure that the public has access to and knowledge of the meetings of public bodies. This allows for government transparency and accountability.
