Tuesday, November 3, 2015

Massachusetts Open Meeting Law


The Massachusetts Open Meeting Law is written to ensure that publicly elected bodies don't meet outside the public view. It requires that notice of a meeting of a quorum of members (the number of members needed to take official action/vote) of a public body, such as Amherst Town Meeting, Amherst Select Board, Northampton City Council or Boston City Council, do not meet without the meeting having been "posted," where the public can see it, 48 hours in advance of the meeting.  

At a public meeting, a  quorum of officials may announce that they are going into a private meeting known as an executive session if one of 10 exceptions to the Open Meeting Law pertain. Roughly speaking these, reasons are:


1) "To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual."
2) "To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel'
3) To discuss strategy with respect to collective bargaining by union employees
4) To discuss deployment of security devices or personnel
5) To investigate charges of criminal misconduct
6) To discuss real estate transactions
7) To comply with federal grant regulations
8) To discuss applicants for employment
9) To meet with a mediator
10) To discuss trade secrets

Recent determination that the Amherst School Committee violated the Open Meeting Law: http://www.oml.ago.state.ma.us/
MassLive story about decision: http://www.masslive.com/news/index.ssf/2015/10/attorney_generals_office_deter_1.html
http://espn.go.com/video/clip?id=10365079

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