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massdee
Moderator
5299 Posts |
 Posted - 05/28/2010 : 2:46:09 PM
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The new Open Meeting Law takes effect on July 1, 2010.
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MA Open Meeting Law & Conflict of Interest Law
Related Pages: Right to Know Laws
Background
The Buzzards Bay NEP works closely with elected and appointed officials in the Buzzards Bay watershed. Many of these officials are unpaid volunteers, with little government training. Some of these officials may have a basic understanding of the Massachusetts Open Meeting Law and Conflict of Interest Law, but may not appreciate their many nuances. We also receive inquiries by residents about alleged conflicts of interest or alleged violations of open meeting laws. We have set up this page as a resource to direct government officials and residents to the appropriate state agencies overseeing these laws, and to documents that provide guidance on these laws.
Open Meeting Law
The Massachusetts Open Meeting Law is more than just trying to stop a governmental board from secretly meeting in some dark smoke-filled room to decide a public matter. The Massachusetts Open Meeting Law applies to all governmental bodies at the state, county, and local levels and requires that meetings be open to the public, that notice of such meetings be publicly posted, and that accurate records of the meeting be kept and made available to the public. In addition, public officials cannot try to circumvent the law in other ways. For example, it is contrary to the law for public officials to sequentially call board members to decide the issue or take a straw vote. Similarly, the Cape and Islands district attorney's office has determined that conducting such straw votes or discussing a permit via emails also violates the law.
For more information, go to the Massachusetts Attorney General's office, or click here to download the AG's Open Meeting Law Guidelines.
You can also read the legislation enacted under MGL Chapter 30A: Section 11A 1/2 Open meetings of governmental bodies.
To report an open meeting law violation, provide a written description of events to both the Massachusetts Attorney General and your County District Attorney. Evidence to support your allegations (e.g. statements on videotape during a public hearing) can be helpful. An alternative to this strategy is for three or more registered voters to file a complaint in superior court. This would require the services of an attorney. The governing body would need to respond to the suit by providing evidence that its actions were in compliance with the law. If the court finds that the Open Meeting Law was violated, it could levy civil fines or invalidate decisions of the body where the violation occurred.
Emails and Electronic Communications
The Attorney General's guidance document on the Open Meeting Law has this information:
"With the advent of computers, it has become more common for persons, both at home and at work, to communicate through electronic mail, or "e-mail." Like private conversations held in person or over the telephone, e-mail conversations among a quorum of members of a governmental body that relate to public business violate the Open Meeting Law, as the public is deprived of the opportunity to attend and monitor the e-mail "meeting." Thus it is a violation to e-mail to a quorum messages that can be considered invitations to reply in any medium, and would amount to deliberation on business that must occur only at proper meetings. It is not a violation to use email to distribute materials, correspondence, agendas or reports so that committee members can prepare individually for upcoming meetings."
What about "newsgroups" and "chat rooms"? We have not seen specific legal guidance on these forums, but any effort to "deliberate" on matters of the meeting with a quorum of board members (e.g. laying out the pros and cons or consequences of a particular decision) would seem to be a violation. Was the public given notice of such an electronic meeting? Does the public have access to the website? If a board member posts a notice to a newsgroup (e.g., about what factors might influence his decision without expecting a reply), is this a deliberation if a quorum of board members belong to a newsgroup? Perhaps there are some parallels in the concept of "chance meetings" where legal opinions have been made. In the handbook "UNDERSTANDING THE OPEN MEETING LAW", Norfolk County District Attorney William R. Keating writes:
"Chance meetings or social encounters during which board members happen to mention "matters relating to" official business are exempted from the statute. Such meetings, however, cannot be used to circumvent the letter and spirit of the Open Meeting Law. Discussions of official business at chance or social encounters are strongly discouraged." And also, "A consultation between members of a board and the board's attorney constitutes an exchange of views among members of the board, and is thus subject to the Open Meeting Law. District Attorney for the Plymouth District v. Board of Selectmen of Middleborough, 395 Mass. 629, 631-633 (1985)(rejecting argument that consultation with attorney did not constitute a meeting and deliberation of the board, as it did not consist primarily of communication between board members themselves). As the above case illustrates, courts are not receptive to hyper-technical arguments that a particular gathering of board members does not fall within the statute because a particular conversation did not amount to deliberations, or that a particular verbal exchange was not in the course of attempting to arrive at a decision."
If in doubt on any "gray areas" of the Open Meeting Law, town officials can call the Attorney General's office to get a free legal opinion.
Office of the Attorney General, Municipal Law Unit
1350 Main Street, 4th Floor
Springfield, MA 01103
Tel: (413) 784-1240
Here is the law itself, too long to post.
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cathyk
Member
97 Posts |
Posted - 06/07/2010 : 9:47:19 PM
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| If you want to have open meeting laws violations, I suggest you head to Bucci's at noon time and at one for meetings between the councillors and alderman, it's very interesting. |
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massdee
Moderator
5299 Posts |
Posted - 06/07/2010 : 9:52:31 PM
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| I believe one of the members of the Common Council works there. |
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Linda M
Member
43 Posts |
Posted - 06/16/2010 : 10:27:21 AM
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| Must be great meetings going on there since Marchese voted for the budget. Wonder what he was promised, time will tell. |
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Open Meeting Law
