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Overview of the New Open Meeting Law
                                                        for
                                          State and Local Public Bodies

                                                                June 23, 2010




  Chapter 28 of the Acts of 2009,      Comparison             Corresponding Provisions of the            Corresponding Provisions of the
     Sections 17 through 20              with the                       Existing                                   Existing
                                      provisions of            LOCAL Open Meeting Law                      STATE Open Meeting Law
                                       the Existing
                                      Open Meeting
                                           Law
                                              “=”            Excerpts from the existing Open Meeting    Excerpts from the existing Open Meeting
                                         NEW and OLD
                                                             Law in this column are from G.L. c. 39,    Law in this column are from G.L. c. 30A,
                                       provision are THE
                                             SAME            Sections 23A & 23B (the “local” OML).      Sections 11A & 11A-1/2
AN ACT TO IMPROVE THE
LAWS RELATING TO                             “N”
                                       NEW provision is a
CAMPAIGN FINANCE, ETHICS               modification of or
AND LOBBYING.                          change in the OLD
                                           provision

Be it enacted by the Senate and               “>”
                                                             For ease of reference:                     For ease of reference:
                                      NEW provision has no
House of Representatives in General      corresponding
Court assembled, and by the           provision in the OLD   c. 39 = Local Open Meeting Law [G.L. c.    c. 39 = Local Open Meeting Law [G.L. c.
                                              OML            39, Sections 23A & 23B]                    39, Sections 23A & 23B]
authority of the same as follows:
                                                             c. 30A = State Open Meeting Law [G.L. c.   c. 30A = State Open Meeting Law [G.L. c.
                                              “<”
                                      OLD provision has no   30A, Sections 11 & 11A]                    30A, Sections 11 & 11A]
                                         corresponding       c. 34 = County Open Meeting Law [G.L. c.   c. 34 = County Open Meeting Law [G.L. c.
                                      provision in the NEW   34, Sections 9F & 9G]                      34, Sections 9F & 9G]
                                              OML




                                                                       1
SECTION 17. Sections 11A and
         11A½ of chapter 30A of the General
         Laws are hereby repealed.
         SECTION 18. Said chapter 30A is
         hereby amended by adding the
         following 8 sections:-
Section 18: Definitions                                       Section 23A. Definitions                       Section 11A: Definitions
         As used in this section and sections 19 to 25,
         inclusive, the following words shall, unless         The following terms as used in sections        The following terms as used in section eleven
         the context clearly requires otherwise, have         twenty-three B and twenty-three C shall        A 1/2 shall have the following meanings:
         the following meanings:                              have the following meanings:—
         “Deliberation”, an oral or written               N   “Deliberation”, a verbal exchange between      “Deliberation”, a verbal exchange between
         communication through any medium,                    a quorum of members of a governmental          a quorum of members of a governmental
         including electronic mail, between or among          body attempting to arrive at a decision on     body attempting to arrive at a decision on
         a quorum of a public body on any public              any public business within its jurisdiction.   any public business within its jurisdiction.
         business within its jurisdiction; provided,
         however, that “deliberation” shall not
         include the distribution of a meeting agenda,
         scheduling information or distribution of
         other procedural meeting or the distribution
         of reports or documents that may be
         discussed at a meeting, provided that no
         opinion of a member is expressed.
         “Emergency”, a sudden, generally                 =   “Emergency”, a sudden, generally               “Emergency”, a sudden, generally
         unexpected occurrence or set of                      unexpected occurrence or set of                unexpected occurrence or set of
         circumstances demanding immediate action.            circumstances demanding immediate action.      circumstances demanding immediate action.
         “Executive session”, any part of a meeting       =   “Executive session”, any meeting of a          “Executive session”, any meeting or part of
         of a public body closed to the public for            governmental body which is closed to           a meeting of a governmental body which is
         deliberation of certain matters.                     certain persons for deliberation on certain    closed to certain persons for deliberation on
                                                              matters.                                       certain matters.
         “Intentional violation”, an act or omission      >   <Undefined>                                    <Undefined>
         by a public body or a member thereof, in
         knowing by violating the open meeting law.
         “Meeting”, a deliberation by a public body       N   “Meeting”, any corporal convening and          “Meeting”, any corporal convening and
         with respect to any matter within the body’s         deliberation of a governmental body for        deliberation of a governmental body for



                                                                        2
jurisdiction; provided, however, “meeting”          which a quorum is required in order to          which a quorum is required in order to
shall not include:                                  make a decision at which any public             make a decision at which any public policy
                                                    business or public policy matter over which     matter over which the governmental body
(a) an on-site inspection of a project or           the governmental body has supervision,          has supervision, control, jurisdiction or
program, so long as the members do not              control, jurisdiction or advisory power is      advisory power is discussed or considered;
deliberate;                                         discussed or considered; but shall not          but shall not include any on-site inspection
                                                    include any on-site inspection of any project   of any project or program.
(b) attendance by a quorum of a public              or program.
body at a public or private gathering,                                                                                   ---
including a conference or training program                              ---
or a media, social or other event, so long as                                                       This section shall not apply to any chance
the members do not deliberate;                                                                      meeting or social meeting at which matters
                                                    This section shall not apply to any chance
                                                    meeting, or a social meeting at which           relating to official business are discussed so
(c) attendance by a quorum of a public body                                                         long as no final agreement is reached. No
                                                    matters relating to official business are
at a meeting of another public body that has        discussed so long as no final agreement is      chance meeting or social meeting shall be
complied with the notice requirements of the        reached. No chance meeting or social            used in circumvention of the spirit or
open meeting law, so long as the visiting                                                           requirements of this section to discuss or act
                                                    meeting shall be used in circumvention of
members communicate only by open                                                                    upon a matter over which the governmental
                                                    the spirit or requirements of this section to
participation in the meeting on those matters                                                       body has supervision, control, jurisdiction,
                                                    discuss or act upon a matter over which the
under discussion by the host body and do                                                            or advisory power.
                                                    governmental body has supervision, control,
not deliberate;                                     jurisdiction or advisory power.
(d) a meeting of a quasi-judicial board or
commission held for the sole purpose of
making a decision required in an
adjudicatory proceeding brought before it;
or

(e) a session of a town meeting convened
under section 10 of chapter 39 which would
include the attendance by a quorum of a
public body at any such session.
“Minutes”, the written report of a meeting      >   <Undefined>                                     <Undefined>
created by a public body required by
subsection (a) of section 23 and section 5A
of chapter 66.
“Open meeting law”, sections 18 to 25,          >   <Undefined>                                     <Undefined>



                                                              3
inclusive.
“Post notice”, to display conspicuously the      >   <Undefined>                                     <Undefined>
written announcement of a meeting either in
hard copy or electronic format.
“Preliminary screening”, the initial stage of    >   <Undefined>                                     <Undefined>
screening applicants conducted by a
committee or subcommittee of a public body
solely for the purpose of providing to the
public body a list of those applicants
qualified for further consideration or
interview.
“Public body”, a multiple-member board,          N    “Governmental body”, every board,              “Governmental body”, a state board,
commission, committee or subcommittee                commission, committee or subcommittee of        committee, special committee,
within the executive or legislative branch or        any district, city, region or town, however     subcommittee or commission, however
within any county, district, city, region or         elected, appointed or otherwise constituted,    created or constituted within the executive
town, however created, elected, appointed or         and the governing board of a local housing,     or legislative branch of the commonwealth
otherwise constituted, established to serve a        redevelopment or similar authority;             or the governing board or body of any
public purpose; provided, however, that the          provided, however, that this definition shall   authority established by the general court to
governing board of a local housing,                  not include a town meeting.                     serve a public purpose in the
redevelopment or other similar authority                                                             commonwealth or any part thereof, but shall
shall be deemed a local public body;                                                                 not include the general court or the
provided, further, that the governing board                                                          committees or recess commissions thereof,
or body of any other authority established by                                                        or bodies of the judicial branch, or any
the general court to serve a public purpose in                                                       meeting of a quasi-judicial board or
the commonwealth or any part thereof shall                                                           commission held for the sole purpose of
be deemed a state public body; provided,                                                             making a decision required in an
further, that “public body” shall not include                                                        adjudicatory proceeding brought before it,
the general court or the committees or recess                                                        nor shall it include the board of bank
commissions thereof, bodies of the judicial                                                          incorporation or the Policyholders
branch or bodies appointed by a                                                                      Protective Board.
constitutional officer solely for the purpose
of advising a constitutional officer and shall
not include the board of bank incorporation
or the policyholders protective board; and
provided further, that a subcommittee shall
include any multiple-member body created
to advise or make recommendations to a



                                                               4
public body.
“Quorum”, a simple majority of the              =   “Quorum”, a simple majority of a                “Quorum”, a simple majority of a
members of the public body, unless                  governmental body unless otherwise              governmental body unless otherwise
otherwise provided in a general or special          defined by constitution, charter, rule or law   defined by constitution, charter, rule or law
law, executive order or other authorizing           applicable to such governing body.              applicable to such governing body.
provision.
<Undefined>                                     <   “Made public”, when the records of an           “Made public”, when the records of an
                                                    executive session have been approved by         executive session have been approved by
                                                    the members of the respective governmental      the members of the respective governmental
                                                    body attending such session for release to      body attending such session for release to
                                                    the public and notice of such approval has      the public and notice of such approval has
                                                    been entered in the records of such body.       been entered in the records of such body.
SECTION 19                                          Chapter 39: Section 23B. Open meetings          Chapter 30A: Section 11A-1/2. Open
                                                    of governmental bodies.                         meetings of governmental bodies.
 (a) There shall be in the department of the    >
attorney general a division of open
government under the direction of a director
of open government. The attorney general
shall designate an assistant attorney general
as the director of the open government
division. The director may appoint and
remove, subject to the approval of the
attorney general, such expert, clerical and
other assistants as the work of the division
may require. The division shall perform the
duties imposed upon the attorney general by
the open meeting law, which may include
participating, appearing and intervening in
any administrative and judicial proceedings
pertaining to the enforcement of the open
meeting law. For the purpose of such
participation, appearance, intervention and
training authorized by this chapter the
attorney general may expend such funds as
may be appropriated therefor.
(b) The attorney general shall create and       >
distribute educational materials and provide



                                                              5
training to public bodies in order to foster
awareness and compliance with the open
meeting law. Open meeting law training
may include, but shall not be limited to,
instruction in:
(1) the general background of the legal
requirements for the open meeting law;
(2) applicability of sections 18 to 25,
inclusive, to governmental bodies;
(3) the role of the attorney general in
enforcing the open meeting law; and
(4) penalties and other consequences for
failure to comply with this chapter.
(c) There shall be an open meeting law           >
advisory commission. The commission
shall consist of 5 members, 2 of whom shall
be the chairmen of the joint committee on
state administration and regulatory
oversight; 1 of whom shall be the president
of the Massachusetts Municipal Association
or his designee; 1 of whom shall be the
president of the Massachusetts Newspaper
Publishers Association or his designee; and
1 of whom shall be the attorney general or
his designee.
The commission shall review issues relative
to the open meeting law and shall submit to
the attorney general recommendations for
changes to the regulations, trainings, and
educational initiatives relative to the open
meeting law as it deems necessary and
appropriate.
(d) The attorney general shall, not later than   >
January 31, file annually with the
commission a report providing information
on the enforcement of the open meeting law
during the preceding calendar year. The



                                                     6
report shall include, but not be limited to:
(1) the number of open meeting law
complaints received by the attorney general;
(2) the number of hearings convened as the
result of open meeting law complaints by
the attorney general;
(3) a summary of the determinations of
violations made by the attorney general;
(4) a summary of the orders issued as the
result of the determination of an open
meeting law violation by the attorney
general;
(5) an accounting of the fines obtained by
the attorney general as the result of open
meeting law enforcement actions;
(6) the number of actions filed in superior
court seeking relief from an order of the
attorney general; and
(7) any additional information relevant to
the administration and enforcement of the
open meeting law that the attorney general
deems appropriate.
SECTION 20
(a) Except as provided in section 21, all      N   All meetings of a governmental body shall         All meetings of a governmental body shall
meetings of a public body shall be open to         be open to the public and any person shall        be open to the public and any person shall
the public.                                        be permitted to attend any meeting except         be permitted to attend any meeting except
                                                   as otherwise provided by this section.            as otherwise provided by this section.
                                                   No quorum of a governmental body shall            No quorum of a governmental body shall
                                                   meet in private for the purpose of deciding       meet in private for the purpose of deciding
                                                   on or deliberating toward a decision on any       on or deliberating toward a decision on any
                                                   matter except as provided by this section.        matter except as provided by this section.
(b) Except in an emergency, in addition to     N   Except in an emergency, a notice of every         Except in an emergency, a notice of every
any notice otherwise required by law, a            meeting of any governmental body shall be         meeting of a governmental body subject to
public body shall post notice of every             filed with the clerk of the city or town in       this section shall be filed with the secretary
meeting at least 48 hours prior to such            which the body acts, and the notice or a          of state, and a copy thereof posted in the
meeting, excluding Saturdays, Sundays and          copy thereof shall, at least forty-eight hours,   office of the executive office for
legal holidays. In an emergency, a public          including Saturdays but not Sundays and           administration and finance at least forty-



                                                             7
body shall post notice as soon as reasonably           legal holidays, prior to such meeting, be         eight hours, including Saturdays but not
possible prior to such meeting. Notice shall           publicly posted in the office of such clerk or    Sundays and legal holidays, prior to the
be printed in a legible, easily understandable         on the principal official bulletin board of       time of such meeting. The notice shall be
format and shall contain the date, time and            such city or town.                                printed in easily readable type and shall
place of such meeting and a listing of topics                                                            include the date, time and place of such
that the chair reasonably anticipates will be                                                            meeting. Such filing and posting shall be
discussed at the meeting.                                                                                the responsibility of the officer calling such
                                                                                                         meetings.
(c) For meetings of a local public body,           N   The secretary of a regional school district
notice shall be filed with the municipal clerk         committee shall be considered to be its clerk
and posted in a manner conspicuously                   and he shall file the notice of meetings of
visible to the public at all hours in or on the        the committee with the clerk of each city or
municipal building in which the clerk’s                town within such district and each such
office is located.                                     clerk shall post the notice in his office or on
For meetings of a regional or district public          the principal official bulletin board of the
body, notice shall be filed and posted in              city or town and such secretary shall post
each city or town within the region or                 such notice in his office or on the principal
district in the manner prescribed for local            official bulletin board of the district. If the
public bodies. For meetings of a regional              meeting shall be of a regional or district
school district, the secretary of the regional         governmental body, the officer calling the
school district committee shall be                     meeting shall file the notice thereof with the
considered to be its clerk and shall file              clerk of each city and town within such
notice with the clerk of each city or town             region or district, and each such clerk shall
within such district and shall post the notice         post the notice in his office or on the
in the manner prescribed for local public              principal official bulletin board of the city
bodies. For meetings of a county public                or town. The notice shall be printed in
body, notice shall be filed in the office of the       easily readable type and shall contain the
county commissioners and a copy of the                 date, time and place of such meeting. Such
notice shall be publicly posted in a manner            filing and posting shall be the responsibility
conspicuously visible to the public at all             of the officer calling such meeting.
hours in such place or places as the county
commissioners shall designate for the
purpose.
For meetings of a state public body, notice
shall be filed with the attorney general by
posting on a website in accordance with
procedures established for this purpose.



                                                                 8
The attorney general shall have the authority
to prescribe or approve alternative methods
of notice where the attorney general
determines such alternative will afford more
effective notice to the public.
(d) The attorney general may by regulation       >
or letter ruling, authorize remote
participation by members of a public body
not present at the meeting location;
provided, however, that the absent members
and all persons present at the meeting
location are clearly audible to each other;
and provided, further, that a quorum of the
body, including the chair, are present at the
meeting location. Such authorized members
may vote and shall not be deemed absent for
the purposes of section 23D of chapter 39.
(e) After notifying the chair of the public      N   A meeting of a governmental body may be          A meeting of a governmental body may be
body, any person may make a video or audio           recorded by any person in attendance by          recorded by any person in attendance by
recording of an open session of a meeting of         means of a tape recorder or any other means      means of a tape recorder or any other means
a public body, or may transmit the meeting           of sonic reproduction or by means of             of sonic reproduction except when a
through any medium, subject to reasonable            videotape equipment fixed in one or more         meeting is held in executive session;
requirements of the chair as to the number,          designated locations determined by the           provided, that in such recording there is no
placement and operation of equipment used            governmental body except when a meeting          active interference with the conduct of the
so as not to interfere with the conduct of the       is held in executive session; provided, that     meeting.
meeting. At the beginning of the meeting             in such recording there is no active
the chair shall inform other attendees of any        interference with the conduct of the
such recordings.                                     meeting.
(f) No person shall address a meeting of a       N   G.L. c. 39,§ 23(C):                              G.L. c. 39,§ 23(C):
public body without permission of the chair,
and all persons shall, at the request of the         Section 23C. No person shall address a           Section 23C. No person shall address a
chair, be silent. No person shall disrupt the        public meeting of a governmental body            public meeting of a governmental body
proceedings of a meeting of a public body.           without permission of the presiding officer      without permission of the presiding officer
If, after clear warning from the chair, a            at such meeting, and all persons shall, at the   at such meeting, and all persons shall, at the
person continues to disrupt the proceedings,         request of such presiding officer, be silent.    request of such presiding officer, be silent.
the chair may order the person to withdraw           If, after warning from the presiding officer,    If, after warning from the presiding officer,
from the meeting and if the person does not          a person persists in disorderly behavior, said   a person persists in disorderly behavior, said



                                                               9
withdraw, the chair may authorize a                  officer may order him to withdraw from the       officer may order him to withdraw from the
constable or other officer to remove the             meeting, and, if he does not withdraw, may       meeting, and, if he does not withdraw, may
person from the meeting.                             order a constable or any other person to         order a constable or any other person to
                                                     remove him and confine him in some               remove him and confine him in some
                                                     convenient place until the meeting is            convenient place until the meeting is
                                                     adjourned.                                       adjourned.
(g) Within 2 weeks of qualification for          N   Upon qualification for office following an       Upon qualification for office following an
office, all persons serving on a public body         appointment or election to a governmental        appointment or election to a governmental
shall certify, on a form prescribed by the           body, as defined in this section, the member     body, a member shall be furnished by the
attorney general, the receipt of a copy of the       shall be furnished by the city or town clerk     state secretary with a copy of this section.
open meeting law, regulations promulgated            with a copy of this section. Each such           Each member shall sign a written
pursuant to section 25 and a copy of the             member shall sign a written                      acknowledgment that he has been provided
educational materials prepared by the                cknowledgement that he has been provided         with such a copy.
attorney general explaining the open                 with such a copy.
meeting law and its application pursuant to
section 19. Unless otherwise directed or
approved by the attorney general, the
appointing authority, city or town clerk or
the executive director or other appropriate
administrator of a state or regional body, or
their designees, shall obtain such
certification from each person upon entering
service and shall retain it subject to the
applicable records retention schedule where
the body maintains its official records. The
certification shall be evidence that the
member of a public body has read and
understands the requirements of the open
meeting law and the consequences of
violating it.
SECTION 21
 (a) A public body may meet in executive         =   Nothing except the limitation contained in       Nothing except the limitations contained in
session only for the following purposes:             this section shall be construed to prevent the   this section shall be construed to prevent the
(1) To discuss the reputation, character,            governmental body from holding an                governmental body from holding an
physical condition or mental health, rather          executive session after an open meeting has      executive session after an open meeting has
than professional competence, of an                  been convened and a recorded vote has been       been convened and after a recorded vote has
individual, or to discuss the discipline or          taken to hold an executive session.              been taken to hold an executive session.



                                                              10
dismissal of, or complaints or charges            Executive sessions may be held only for the      Executive sessions may be held only for the
brought against, a public officer, employee,      following purposes:                              following purposes:
staff member or individual. The individual
to be discussed in such executive session         (1) To discuss the reputation, character,        (1) To discuss the reputation, character,
shall be notified in writing by the public        physical condition or mental health rather       physical condition or mental health rather
body at least 48 hours prior to the proposed      than the professional competence of an           than the professional competence of an
executive session; provided, however, that        individual, provided that the individual         individual, provided that the individual to
notification may be waived upon written           involved in such executive session has been      be discussed in such executive session has
agreement of the parties. A public body shall     notified in writing by the governmental          been notified in writing by the
hold an open session if the individual            body, at least forty-eight hours prior to the    governmental body, at least forty-eight
involved requests that the session be open. If    proposed executive session. Notification         hours prior to the proposed executive
an executive session is held, such individual     may be waived upon agreement of the              session. Notification may be waived upon
shall have the following rights:                  parties. A governmental body shall hold an       agreement of the parties. A governmental
i. to be present at such executive session        open meeting if the individual involved          body shall hold an open meeting if the
during deliberations which involve that           requests that the meeting be open. If an         individual involved requests that the
individual;                                       executive session is held, such individual       meeting be open. If an executive session is
   ii. to have counsel or a representative of     shall have the following rights:                 held, such individual shall have the
his own choosing present and attending for                                                         following rights:
the purpose of advising the individual and
                                                  (a) to be present at such executive session
not for the purpose of active participation in                                                     (a) to be present at such executive session
                                                  during discussions or considerations which
the executive session;                            involve that individual.                         during discussions or considerations which
  iii. to speak on his own behalf; and                                                             involve that individual.
                                                  (b) to have counsel or a representative of his
   iv. to cause an independent record to be                                                        (b) to have counsel or a representative of his
                                                  own choosing present and attending for the
created of said executive session by audio-                                                        own choosing present and attending for the
                                                  purpose of advising said individual and not
recording or transcription, at the individual’s                                                    purpose of advising said individual and not
                                                  for the purpose of active participation in
expense.                                          said executive session.                          for the purpose of active participation in
The rights of an individual set forth in this     (c) to speak in his own behalf.                  said executive session.
paragraph are in addition to the rights that he                                                    (c) to speak in his own behalf.
may have from any other source, including,
but not limited to, rights under any laws or      (2) To consider the discipline or dismissal      (2) To consider the discipline or dismissal
collective bargaining agreements and the          of, or to hear complaints or charges brought     of, or to hear complaints or charges brought
exercise or non-exercise of the individual        against, a public officer, employee, staff       against, a public officer, employee, staff
rights under this section shall not be            member, or individual, provided that the         member, or individual, provided that the
construed as a waiver of any rights of the        individual involved in such executive            individual involved in such executive
individual.                                       session pursuant to this clause has been         session has been notified in writing by the
                                                  notified in writing by the governmental          governmental body at least forty-eight hours
                                                  body at least forty-eight hours prior to the     prior to the proposed executive session.



                                                           11
proposed executive session. Notification         Notification may be waived upon agreement
                                                     may be waived upon agreement of the              of the parties. A governmental body shall
                                                     parties. A governmental body shall hold an       hold an open meeting if the individual
                                                     open meeting if the individual involved          involved requests that the meeting be open.
                                                     requests that the meeting be open. If an         If an executive session is held, such
                                                     executive session is held, such individual       individual shall have the following rights:
                                                     shall have the following rights:
                                                                                                      (a) to be present at such executive session
                                                     (a) to be present at such executive session      during discussions or considerations which
                                                     during discussions or considerations which       involve that individual.
                                                     involve that individual.                         (b) to have counsel or a representative of his
                                                     (b) to have counsel or a representative of his   own choosing present and attending for the
                                                     own choosing present and attending for the       purpose of advising said individual and not
                                                     purpose of advising said individual and not      for the purpose of active participation in
                                                     for the purpose of active participation.         said executive session.
                                                     (c) to speak in his own behalf.                  (c) to speak in his own behalf.
2. To conduct strategy sessions in               =   (3) [To discuss strategy with respect to
preparation for negotiations with nonunion           collective bargaining or litigation if an open
personnel or to conduct collective                   meeting may have a detrimental effect on
bargaining sessions or contract negotiations         the bargaining or litigating position of the
with nonunion personnel;                             governmental body], to conduct strategy
                                                     sessions in preparation for negotiations
                                                     with nonunion personnel, to conduct
                                                     collective bargaining sessions or contract
                                                     negotiations with nonunion personnel.
3. To discuss strategy with respect to           =   (3) To discuss strategy with respect to          (3) To discuss strategy with respect to
collective bargaining or litigation if an open       collective bargaining or litigation if an        collective bargaining or litigation if an open
meeting may have a detrimental effect on             open meeting may have a detrimental              meeting may have a detrimental effect on
the bargaining or litigating position of the         effect on the bargaining or litigating           the bargaining or litigating position of the
public body and the chair so declares;               position of the governmental body, [to           governmental body, and to conduct
                                                     conduct strategy sessions in preparation for     collective bargaining sessions.
                                                     negotiations with nonunion personnel, to
                                                     conduct collective bargaining sessions or
                                                     contract negotiations with nonunion
                                                     personnel].
4. To discuss the deployment of security         =   (4) To discuss the deployment of security        (4) To discuss the deployment of security
personnel or devices, or strategies with             personnel or devices.                            personnel or devices.



                                                              12
respect thereto;
5. To investigate charges of criminal          =   (5) To investigate charges of criminal         (5) To investigate charges of criminal
misconduct or to consider the filing of            misconduct or to discuss the filing of         misconduct or to discuss the filing of
criminal complaints;                               criminal complaints.                           criminal complaints.

6. To consider the purchase, exchange,         =   (6) To consider the purchase, exchange,        (6) To consider the purchase, exchange,
lease or value of real property if the chair       lease or value of real property, if such       lease or value of real property, if such
declares that an open meeting may have a           discussions may have a detrimental effect      discussions may have a detrimental effect
detrimental effect on the negotiating              on the negotiating position of the             on the negotiating position of the
position of the public body;                       governmental body and a person, firm or        governmental body and a person, firm or
                                                   corporation.                                   corporation.
7. To comply with, or act under the            =   (7) To comply with the provisions of any       (7) To comply with the provisions of any
authority of, any general or special law or        general or special law or federal grant-in-    general or special law or federal grant-in-
federal grant-in-aid requirements;                 aid requirements.                              aid requirements.
8. To consider or interview applicants for     =    (8) To consider and interview applicants
employment or appointment by a                     for employment by a preliminary screening
preliminary screening committee if the chair       committee or a subcommittee appointed by
declares that an open meeting will have a          a governmental body if an open meeting
detrimental effect in obtaining qualified          will have a detrimental effect in obtaining
applicants; provided, however, that this           qualified applicants; provided, however,
clause shall not apply to any meeting,             that this clause shall not apply to any
including meetings of a preliminary                meeting, including meetings of a
screening committee, to consider and               preliminary screening committee or a
interview applicants who have passed a prior       subcommittee appointed by a governmental
preliminary screening;                             body, to consider and interview applicants
                                                   who have passed a prior preliminary
                                                   screening.
9. To meet or confer with a mediator, as       =   (9) To meet or confer with a mediator, as
defined in section 23C of chapter 233, with        defined in section twenty-three C of chapter
respect to any litigation or decision on any       two hundred and thirty-three, with respect
public business within its jurisdiction            to any litigation or decision on any public
involving another party, group or entity,          business within its jurisdiction involving
provided that:                                     another party, group or body, provided that:
(i) any decision to participate in mediation       (a) any decision to participate in mediation
shall be made in an open session and the           shall be made in open meeting session and
parties, issues involved and purpose of the        the parties, issues involved and purpose of
mediation shall be disclosed; and                  the mediation shall be disclosed; and (b) no



                                                            13
(ii) no action shall be taken by any public       action shall be taken by any governmental
body with respect to those issues which are          body with respect to those issues which are
the subject of the mediation without                 the subject of the mediation without
deliberation and approval for such action at         deliberation and approval for such action at
an open session; or                                  an open meeting after such notice as may be
                                                     required in this section.
10. to discuss trade secrets or confidential,    =   (10) To discuss trade secrets or confidential,
competitively-sensitive or other proprietary         competitively-sensitive or other proprietary
information provided in the course of                information provided in the course of
activities conducted by a governmental body          activities conducted by a governmental
as an energy supplier under a license granted        body as an energy supplier under a license
by the department of public utilities pursuant       granted by the department of public utilities
to section 1F of chapter 164, in the course of       pursuant to section 1F of chapter 164, in the
activities conducted as a municipal                  course of activities conducted as a
aggregator under section 134 of said chapter         municipal aggregator under section 134 of
164 or in the course of activities conducted         said chapter 164 or in the course of
by a cooperative consisting of governmental          activities conducted by a cooperative
entities organized pursuant to section 136 of        consisting of governmental entities
said chapter 164, when such governmental             organized pursuant to section 136 of said
body, municipal aggregator or cooperative            chapter 164, when such governmental body,
determines that such disclosure will                 municipal aggregator or cooperative
adversely affect its ability to conduct              determines that such disclosure will
business in relation to other entities making,       adversely affect its ability to conduct
selling or distributing electric power and           business in relation to other entities making,
energy.                                              selling or distributing electric power and
                                                     energy.
(b) A public body may meet in closed             N   No executive session shall be held until the     No executive session shall be held until the
session for 1 or more of the purposes                governmental body has first convened in an       governmental body has first convened in an
enumerated in subsection (a) provided that:          open session for which notice has been           open session for which notice has been
1. the body has first convened in an open            given, a majority of the members have            given, a majority of the members of the
session pursuant to section 21;                      voted to go into executive session and the       governmental body have voted to go into
2. a majority of members of the body have            vote of each member is recorded on a roll        executive session and the vote of each
voted to go into executive session and the           call vote and entered into the minutes, the      member is recorded on a roll call vote and
vote of each member is recorded by roll call         presiding officer has cited the purpose for      entered into the minutes, the presiding
and entered into the minutes;                        an executive session, and the presiding          officer has cited the purpose for an
3. before the executive session, the chair           officer has stated before the executive          executive session, and the presiding officer
shall state the purpose for the executive            session if the governmental body will            has stated before the executive session if the



                                                              14
session, stating all subjects that may be           reconvene after the executive session.          governmental body will reconvene after the
revealed without compromising the purpose                                                           executive session.
for which the executive session was called;         The rights of an individual set forth in this
4. the chair shall publicly announce whether        section relative to his appearance before a     The rights of an individual set forth in this
the open session will reconvene at the              meeting in an executive or open session, are    section relative to his appearance before a
conclusion of the executive session; and            in addition to the rights that an individual    meeting in an executive or open session, are
5. accurate records of the executive session        may have from any other source, including,      in addition to the rights that an individual
shall be maintained pursuant to section 23.         but not limited to, rights under any laws or    may have from any other source, including,
                                                    collective bargaining agreements, and the       but not limited to rights under any laws or
                                                    exercise or nonexercise of the individual       collective bargaining agreements, and the
                                                    rights under this section shall not be          exercise or nonexercise of the individual
                                                    construed as a waiver of any rights of the      rights under this section shall not be
                                                    individual.                                     construed as a waiver of any rights of the
                                                                                                    individual.
SECTION 22
 (a) A public body shall create and maintain    N   A governmental body shall maintain              A governmental body shall maintain
accurate minutes of all meetings, including         accurate records of its meetings, setting       accurate records of its meetings, setting
executive sessions, setting forth the date,         forth the date, time, place, members present    forth the date, time, place, members present
time and place, the members present or              or absent and action taken at each meeting,     or absent and action taken at each meeting,
absent, a summary of the discussions on             including executive sessions.                   including executive sessions.
each subject, a list of documents and other
exhibits used at the meeting, the decisions
made and the actions taken at each meeting,
including the record of all votes.
(b) No vote taken at an open session shall      =   All votes taken in executive sessions shall      All votes taken in executive sessions shall
be by secret ballot. Any vote taken at an           be recorded roll call votes and shall become    be recorded roll call votes and shall become
executive session shall be recorded by roll         a part of the record of said executive          a part of the record of said executive
call and entered into the minutes.                  sessions. No votes taken in open session        sessions. No votes taken in open session
                                                    shall be by secret ballot.                      shall be by secret ballot.
(c) Minutes of all open sessions shall be       N
created and approved in a timely manner.
The minutes of an open session, if they exist
and whether approved or in draft form, shall
be made available upon request by any
person within 10 days.
(d) Documents and other exhibits, such as       N




                                                             15
photographs, recordings or maps, used by
the body at an open or executive session
shall, along with the minutes, be part of the
official record of the session.
(e) The minutes of any open session, the        N   The records of each meeting shall become a      The records of each meeting shall become a
notes, recordings or other materials used in        public record and be available to the public;   public record and be available to the public;
the preparation of such minutes and all             provided, however, that the records of any      provided, however, that the records of any
documents and exhibits used at the session,         executive session may remain secret as long     executive session may remain secret as long
shall be public records in their entirety and       as publication may defeat the lawful            as publication may defeat the lawful
not exempt from disclosure pursuant to any          purposes of the executive session, but no       purposes of the executive session, but no
of the exemptions under clause Twenty-              longer.                                         longer.
sixth of section 7 of chapter 4.
Notwithstanding this paragraph, the
following materials shall be exempt from
disclosure to the public as personnel
information: (1) materials used in a
performance evaluation of an individual
bearing on his professional competence,
provided they were not created by the
members of the body for the purposes of the
evaluation; and (2) materials used in
deliberations about employment or
appointment of individuals, including
applications and supporting materials;
provided, however, that any resume
submitted by an applicant shall not be
exempt.
(f) The minutes of any executive session,       >
the notes, recordings or other materials used
in the preparation of such minutes and all
documents and exhibits used at the session,
may be withheld from disclosure to the
public in their entirety under subclause (a)
of clause Twenty-sixth of section 7 of
chapter 4, as long as publication may defeat
the lawful purposes of the executive session,
but no longer; provided, however, that the



                                                             16
executive session was held in compliance
with section 21.
When the purpose for which a valid
executive session was held has been served,
the minutes, preparatory materials and
documents and exhibits of the session shall
be disclosed unless the attorney-client
privilege or 1 or more of the exemptions
under said clause Twenty-sixth of said
section 7 of said chapter 4 apply to withhold
these records, or any portion thereof, from
disclosure.
For purposes of this subsection, if an
executive session is held pursuant to clause
(2) or (3) of subsections (a) of section 21,
then the minutes, preparatory materials and
documents and exhibits used at the session
may be withheld from disclosure to the
public in their entirety, unless and until such
time as a litigating, negotiating or
bargaining position is no longer jeopardized
by such disclosure, at which time they shall
be disclosed unless the attorney-client
privilege or 1 or more of the exemptions
under said clause Twenty-sixth of said
section 7 of said chapter 4 apply to withhold
these records, or any portion thereof, from
disclosure.
(g)(1) The public body, or its chair or           >
designee, shall, at reasonable intervals,
review the minutes of executive sessions to
determine if the provisions of this subsection
warrant continued non-disclosure. Such
determination shall be announced at the
body’s next meeting and such
announcement shall be included in the
minutes of that meeting.



                                                      17
(2) Upon request by any person to inspect
or copy the minutes of an executive session
or any portion thereof, the body shall
respond to the request within 10 days
following receipt and shall release any such
minutes not covered by an exemption under
subsection (f); provided, however, that if the
body has not performed a review pursuant to
paragraph (1), the public body shall perform
the review and release the non-exempt
minutes, or any portion thereof, not later
than the body’s next meeting or 30 days,
whichever first occurs. A public body shall
not assess a fee for the time spent in its
review.
SECTION 23
(a) Subject to appropriation, the attorney       N   The district attorney of the county in which   The attorney general shall enforce the
general shall interpret and enforce the open         the violation occurred shall enforce the       provisions of this section.
meeting law.                                         provisions of this section.
(b) At least 30 days prior to the filing of a    >
complaint with the attorney general, the
complainant shall file a written complaint
with the public body, setting forth the
circumstances which constitute the alleged
violation and giving the body an opportunity
to remedy the alleged violation; provided,
however, that such complaint shall be filed
within 30 days of the date of the alleged
violation. The public body shall, within 14
business days of receipt of a complaint, send
a copy of the complaint to the attorney
general and notify the attorney general of
any remedial action taken. Any remedial
action taken by the public body in response
to a complaint under this subsection shall
not be admissible as evidence against the
public body that a violation occurred in any



                                                              18
later administrative or judicial proceeding
relating to such alleged violation. The
attorney general may authorize an extension
of time to the public body for the purpose of
taking remedial action upon the written
request of the public body and a showing of
good cause to grant the extension.
(c) Upon the receipt of a complaint by any      >
person, the attorney general shall determine,
in a timely manner, whether there has been a
violation of the open meeting law. The
attorney general may, and before imposing
any civil penalty on a public body shall,
hold a hearing on any such complaint.
Following a determination that a violation
has occurred, the attorney general shall
determine whether the public body, 1 or
more of the members, or both, are
responsible and whether the violation was
intentional or unintentional. Upon the
finding of a violation, the attorney general
may issue an order to:
(1) compel immediate and future
compliance with the open meeting law;
(2) compel attendance at a training session
authorized by the attorney general;
(3) nullify in whole or in part any action
taken at the meeting;
(4) impose a civil penalty upon the public
body of not more than $1,000 for each
intentional violation;
(5) reinstate an employee without loss of
compensation, seniority, tenure or other
benefits;
(6) compel that minutes, records or other
materials be made public; or
(7) prescribe other appropriate action.



                                                    19
(d) A public body or any member of a body         N
aggrieved by any order issued pursuant to
this section may, notwithstanding any
general or special law to the contrary, obtain
judicial review of the order only through an
action in superior court seeking relief in the
nature of certiorari; provided, however, that
notwithstanding section 4 of chapter 249,
any such action shall be commenced in
superior court within 21 days of receipt of
the order. Any order issued under this
section shall be stayed pending judicial
review; provided, however, that if the order
nullifies an action of the public body, the
body shall not implement such action
pending judicial review.
(e) If any public body or member thereof          >
shall fail to comply with the requirements
set forth in any order issued by the attorney
general, or shall fail to pay any civil penalty
imposed within 21 days of the date of
issuance of such order or within 30 days
following the decision of the superior court
if judicial review of such order has been
timely sought, the attorney general may file
an action to compel compliance. Such
action shall be filed in Suffolk superior court
with respect to state public bodies and, with
respect to all other public bodies, in the
superior court in any county in which the
public body acts or meets. If such body or
member has not timely sought judicial
review of the order, such order shall not be
open to review in an action to compel
compliance.
(f) As an alternative to the procedure in         >   Upon proof of failure by any governmental     Upon proof of failure by any governmental
subsection (b), the attorney general or 3 or          body or by any member or officer thereof to   body or by any member or officer thereof to



                                                               20
more registered voters may initiate a civil       carry out any of the provisions for public       carry out any of the provisions of this
action to enforce the open meeting law.           notice or meetings, for holding open             section, any justice of the supreme judicial
Any action under this subsection shall be         meetings, or for maintaining public records      court or any justice of the superior court
filed in Suffolk superior court with respect      thereof, any justice of the supreme judicial     sitting in the county in which the
to state public bodies and, with respect to all   court or the superior court sitting within and   governmental body customarily meets or in
other public bodies, in the superior court in     for the county in which such governmental        the absence of such sitting of court then any
any county in which the public body acts or       body acts shall issue an appropriate order       justice of the superior court sitting in
meets.                                            requiring such governmental body or              Suffolk county shall issue an appropriate
In any action filed pursuant to this              member or officer thereof to carry out such      order requiring such governmental body or
subsection, in addition to all other remedies     provisions at future meetings. Such order        member or officer thereof to carry out such
available to the superior court, in law or in     may be sought by complaint of three or           provision at future meetings. Any such
equity, the court shall have all of the           more registered voters, by the attorney          order may be sought by complaint of three
remedies set forth in subsection (b).             general, or by the district attorney of the      or more registered voters, by the attorney
In any action filed under this subsection, the    county in which the city or town is located.     general, or by the district attorney for the
order of notice on the complaint shall be         The order of notice on the complaint shall       district in which the governmental body is
returnable not later than 10 days after the       be returnable no later than ten days after the   located. The order of notice on the
filing and the complaint shall be heard and       filing thereof and the complaint shall be        complaint shall be heard no later than ten
determined on the return day or on such day       heard and determined on the return day or        days after the filing thereof or on such day
as the court shall fix, having regard to the      on such day thereafter as the court shall fix,   thereafter as the court shall fix, having
speediest possible determination of the           having regard to the speediest possible          regard to the speediest possible
cause consistent with the rights of the           determination of the cause consistent with       determination of the cause consistent with
parties; provided, however, that orders may       the rights of the parties; provided, however,    the rights of the parties; provided, however,
be issued at any time on or after the filing of   that orders with respect to any of the           that orders with respect to any of the
the complaint without notice when such            matters referred to in this section may be       matters referred to in this section may be
order is necessary to fulfill the purposes of     issued at any time on or after the filing of     issued at any time on or after the filing of
the open meeting law. In the hearing of any       the complaint without notice when such           the complaint without notice when such
action under this subsection, the burden          order is necessary to fulfill the purposes of    order is necessary to fulfill the purposes of
shall be on the respondent to show by a           this section. In the hearing of such             this section. In the hearing of such
preponderance of the evidence that the            complaints the burden shall be on the            complaint the burden shall be on the
action complained of in such complaint was        respondent to show by a preponderance of         respondent to show by a preponderance of
in accordance with and authorized by the          the evidence that the action complained of       the evidence that the actions complained of
open meeting law; provided, however, that         in such complaint was in accordance with         in such complaint were in accordance with
no civil penalty may be imposed on an             and authorized by section eleven A 1/2 of        and authorized by this section, by section
individual absent proof that the action           chapter thirty A, by section nine G of           nine G of chapter thirty-four or by section
complained of violated the open meeting           chapter thirty-four or by this section. All      twenty-three B of chapter thirty-nine. All
law.                                              processes may be issued from the clerk’s         processes may be issued from the clerk's
                                                  office in the county in which the action is      office in the county in which the action is



                                                           21
brought and, except as aforesaid, shall be      brought and, except as aforesaid, shall be
                                                     returnable as the court orders.                 returnable as the court orders.

                                                     Such order may invalidate any action taken      Such order may invalidate any action taken
                                                     at any meeting at which any provision of        at any meeting at which any provision of
                                                     this section has been violated, provided that   this section has been violated, provided that
                                                     such complaint is filed within twenty-one       such complaint is filed within twenty-one
                                                     days of the date when such action is made       days of the date when such action is made
                                                     public.                                         public.

                                                                                                     Any such order may also, when appropriate,
                                                     Any such order may also, when appropriate,
                                                                                                     require the records of any such meeting to
                                                     require the records of any such meeting to
                                                                                                     be made public, unless it shall have been
                                                     be made public, unless it shall have been
                                                                                                     determined by such justice that the
                                                     determined by such justice that the
                                                     maintenance of secrecy with respect to such     maintenance of secrecy with respect to such
                                                     records is authorized. The remedy created       records is authorized. The remedy created
                                                                                                     hereby is not exclusive, but shall be in
                                                     hereby is not exclusive, but shall be in
                                                                                                     addition to every other available remedy.
                                                     addition to every other available remedy.

                                                      Such order may also include reinstatement
                                                     without loss of compensation, seniority,
                                                     tenure or other benefits for any employee
                                                     discharged at a meeting or hearing held in
                                                     violation of the provisions of this section.

                                                     Such order may also include a civil fine
                                                     against the governmental body in an amount
                                                     no greater than one thousand dollars for
                                                     each meeting held in violation of this
                                                     section.
(g) It shall be a defense to the imposition of   >
a penalty that the public body, after full
disclosure, acted in good faith compliance
with the advice of the public body’s legal
counsel.
(h) Payment of civil penalties under this        >



                                                              22
section paid to or received by the attorney
general shall be paid into the general fund of
the commonwealth.
SECTION 24
 (a) Whenever the attorney general has           >
reasonable cause to believe that a person,
including any public body and any other
state, regional, county, municipal or other
governmental official or entity, has violated
the open meeting law, the attorney general
may conduct an investigation to ascertain
whether in fact such person has violated the
open meeting law. Upon notification of an
investigation, any person, public body or
any other state, regional, county, municipal
or other governmental official or entity who
is the subject of an investigation, shall make
all information necessary to conduct such
investigation available to the attorney
general. In the event that the person, public
body or any other state, regional, county,
municipal or other governmental official or
entity being investigated does not
voluntarily provide relevant information to
the attorney general within 30 days of
receiving notice of the investigation, the
attorney general may: (1) take testimony
under oath concerning such alleged violation
of the open meeting law; (2) examine or
cause to be examined any documentary
material of whatever nature relevant to such
alleged violation of the open meeting law;
and (3) require attendance during such
examination of documentary material of any
person having knowledge of the
documentary material and take testimony
under oath or acknowledgment in respect of



                                                     23
any such documentary material. Such
testimony and examination shall take place
in the county where such person resides or
has a place of business or, if the parties
consent or such person is a nonresident or
has no place of business within the
commonwealth, in Suffolk county.
(b) Notice of the time, place and cause of       >
such taking of testimony, examination or
attendance shall be given by the attorney
general at least 10 days prior to the date of
such taking of testimony or examination.
(c) Service of any such notice may be made       >
by: (1) delivering a duly-executed copy to
the person to be served or to a partner or to
any officer or agent authorized by
appointment or by law to receive service of
process on behalf of such person; (2)
delivering a duly-executed copy to the
principal place of business in the
commonwealth of the person to be served;
or (3) mailing by registered or certified mail
a duly-executed copy addressed to the
person to be served at the principal place of
business in the commonwealth or, if said
person has no place of business in the
commonwealth, to his principal office or
place of business.
(d) Each such notice shall: (1) state the time   >
and place for the taking of testimony or the
examination and the name and address of
each person to be examined, if known and, if
the name is not known, a general description
sufficient to identify him or the particular
class or group to which he belongs; (2) state
the statute and section thereof, the alleged
violation of which is under investigation and



                                                     24
the general subject matter of the
investigation; (3) describe the class or
classes of documentary material to be
produced thereunder with reasonable
specificity, so as fairly to indicate the
material demanded; (4) prescribe a return
date within which the documentary material
is to be produced; and (5) identify the
members of the attorney general’s staff to
whom such documentary material is to be
made available for inspection and copying.
(e) No such notice shall contain any             >
requirement which would be unreasonable
or improper if contained in a subpoena
duces tecum issued by a court of the
commonwealth or require the disclosure of
any documentary material which would be
privileged, or which for any other reason
would not be required by a subpoena duces
tecum issued by a court of the
commonwealth.
(f) Any documentary material or other            >
information produced by any person
pursuant to this section shall not, unless
otherwise ordered by a court of the
commonwealth for good cause shown, be
disclosed to any person other than the
authorized agent or representative of the
attorney general, unless with the consent of
the person producing the same; provided,
however, that such material or information
may be disclosed by the attorney general in
court pleadings or other papers filed in
court.
(g) At any time prior to the date specified in   >
the notice, or within 21 days after the notice
has been served, whichever period is shorter,



                                                     25
the court may, upon motion for good cause
shown, extend such reporting date or modify
or set aside such demand or grant a
protective order in accordance with the
standards set forth in Rule 26(c) of the
Massachusetts Rules of Civil Procedure. The
motion may be filed in the superior court of
the county in which the person served
resides or has his usual place of business or
in Suffolk county. This section shall not be
applicable to any criminal proceeding nor
shall information obtained under the
authority of this section be admissible in
evidence in any criminal prosecution for
substantially identical transactions.
Section 25
 (a) The attorney general shall have the          >
authority to promulgate rules and
regulations to carry out enforcement of the
open meeting law.
(b) The attorney general shall have the
authority to interpret the open meeting law
and to issue written letter rulings or advisory
opinions according to rules established
under this section.
SECTION 19. Sections 9F and 9G                    >
of chapter 34 of the General Laws
are hereby repealed.

SECTION 20. Sections 23A to
23C, inclusive, of chapter 39 of the
General Laws are hereby repealed.

rev 6/14/10




                                                      26
Enforcement

Within 30 days of the alleged violation, the complainant must first file complaint with the
public body.
Public body has 14 days to send copy to AG and notify of any remedial action taken.
After 30 days from the filing of the complaint with the public body the complainant may
file complaint with the AG.

Upon receipt of complaint, AG shall determine if violation “in timely manner.”

AG may conduct investigation to determine if a violation has occurred.
Upon notification, public body shall provide all info requested by AG within 30 days
AG may conduct hearing.
AG may take testimony under oath, examine documentary material, and may require
attendance of person(s) with knowledge of materials with 10 day notice according to
rules same as/similar to subpoena under Mass.R.Civ.P.
Materials so obtained not public records “shall not be disclosed to any person”

Following determination, AG shall determine if public body, 1 or more of members, or
both, are responsible and whether intentional or unintentional.

Upon finding a violation, AG may issue an order to (one or more):
- Compel immediate and future compliance with the open meeting law
- Compel attendance at a training session authorized by the attorney general
- Nullify in whole or in part any action taken at the meeting
- Impose a civil penalty upon the public body of not more than $1000 for each intentional
  violation (paid to the General Fund)
- Reinstate an employee without loss of compensation, seniority, tenure, or other benefits
- Compel that minutes, records or other materials be made public
- Prescribe other appropriate action

If aggrieved by order, public body or member may obtain judicial review only by
certiorari in superior court within 21 days of receiving order.

If public body or member fails within 21 days to comply with requirements of AG order
or pay civil penalty, or within 30 days of court decision if judicial review timely sought,
then AG can commence action to compel.

Alternative to complaint process, AG or 3 (or more) registered voters may initiate civil
action in superior court to compel compliance.
Intersection with Public Records Law

               Minutes defined further
               Documents and exhibits used at meetings included as part of the “official record”
               Public records status of open meeting minutes, documents, and other defined
               materials fully explained (“shall be public records in their entirety and not exempt
               from disclosure”)
               Public records status of certain materials specifically used in performance
               evaluations or deliberations concerning employment or appointment exempt from
               disclosure under Public Records Law (PRL)
               Time frames for approval of open meeting minutes and disclosure in response to
               request
               Public records status and timing of executive session minutes, documents, and
               other defined materials fully explained
               Public records status of certain materials specifically used in executive sessions
               entered into under Reasons 2 or 3 = exempt from disclosure if one or more of
               exemptions under Public Records Law (PRL) and/or attorney/client privilege
               continues to keep from disclosure
               Detailed approval process and time frames for approval of executive session
               minutes and disclosure in response to request



                      New OML                                             Old OML
Some teeth                                          No teeth
One statute for all levels of government            Three separate statutes: state, county, local
Interpretation and enforcement consolidated         Interpretation and enforcement distributed among
                                                    the District Attorneys
Consistency in interpretation and enforcement       Divergent viewpoints in interpretation and
                                                    enforcement
Administrative enforcement options available        Judicial enforcement only
Notice provisions made more contemporary            Notice requirements weak, ineffective
Training and education a core ingredient            Training minimum: delivery of copy of OML
Clearer interface with the Public Records Law       OML and PRL non-congruent
Remedies and appellate review more robust           Remedies inadequate
Compatible with contemporary technologies           Written before modern communication options

                                                1-22-10
Interim State Public Body Notice Posting Requirements

Under the Open Meeting Law set to take effect July 1, 2010, state public bodies are
required, except in emergencies, to a post meeting notices at least 48 hours in advance of
a meeting, not including Saturdays, Sundays or legal holidays. The notice must include
the date, time, and location of the meeting, as well as a listing of topics that the chair
reasonably anticipates will be discussed. The new law requires that for meetings of a
state public body, notice shall be posted on a website in accordance with procedures
established for this purpose. The new law can be found at G. L. c. 30A § 18-25.

Every state public body will be responsible for posting meeting notices on a website and
informing the Division of Open Government at the Attorney General’s Office of the
location of the website on which the state public body will be posting its notices. The
Attorney General’s Office is working with the state Information Technology Division of
the Executive Office of Administration and Finance to develop streamlined procedures
for state public bodies to meet these new requirements. In the interim, state public bodies
must continue to provide a copy of meeting notices to the Executive Office of
Administration and Finance. State public bodies need not send a copy of meeting notices
to the Attorney General or file with the Secretary of State.

For state public bodies subject to the Open Meeting Law, please send the name of the
public body, the name and contact information for the individual responsible for posting
meeting notices, and the website location on which the public body will be posting its
meeting notices to openmeeting@state.ma.us.

Should the implementation of the new Open Meeting Law be delayed beyond July 1,
2010 as is now being considered by the Legislature, then state public bodies must
continue to follow the procedures under the old law, G. L. c. 30A § 11A½, until the new
implementation date. Under the prior state Open Meeting Law, G. L. c. 30A § 11A½, a
notice of every meeting of a governmental body was to be filed with the Secretary of
State, and a copy posted in office of the Executive Office for Administration and Finance
at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the
time of such meeting.
MAPD 2010 - Open meeting
MAPD 2010 - Open meeting

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MAPD 2010 - Open meeting

  • 1. Overview of the New Open Meeting Law for State and Local Public Bodies June 23, 2010 Chapter 28 of the Acts of 2009, Comparison Corresponding Provisions of the Corresponding Provisions of the Sections 17 through 20 with the Existing Existing provisions of LOCAL Open Meeting Law STATE Open Meeting Law the Existing Open Meeting Law “=” Excerpts from the existing Open Meeting Excerpts from the existing Open Meeting NEW and OLD Law in this column are from G.L. c. 39, Law in this column are from G.L. c. 30A, provision are THE SAME Sections 23A & 23B (the “local” OML). Sections 11A & 11A-1/2 AN ACT TO IMPROVE THE LAWS RELATING TO “N” NEW provision is a CAMPAIGN FINANCE, ETHICS modification of or AND LOBBYING. change in the OLD provision Be it enacted by the Senate and “>” For ease of reference: For ease of reference: NEW provision has no House of Representatives in General corresponding Court assembled, and by the provision in the OLD c. 39 = Local Open Meeting Law [G.L. c. c. 39 = Local Open Meeting Law [G.L. c. OML 39, Sections 23A & 23B] 39, Sections 23A & 23B] authority of the same as follows: c. 30A = State Open Meeting Law [G.L. c. c. 30A = State Open Meeting Law [G.L. c. “<” OLD provision has no 30A, Sections 11 & 11A] 30A, Sections 11 & 11A] corresponding c. 34 = County Open Meeting Law [G.L. c. c. 34 = County Open Meeting Law [G.L. c. provision in the NEW 34, Sections 9F & 9G] 34, Sections 9F & 9G] OML 1
  • 2. SECTION 17. Sections 11A and 11A½ of chapter 30A of the General Laws are hereby repealed. SECTION 18. Said chapter 30A is hereby amended by adding the following 8 sections:- Section 18: Definitions Section 23A. Definitions Section 11A: Definitions As used in this section and sections 19 to 25, inclusive, the following words shall, unless The following terms as used in sections The following terms as used in section eleven the context clearly requires otherwise, have twenty-three B and twenty-three C shall A 1/2 shall have the following meanings: the following meanings: have the following meanings:— “Deliberation”, an oral or written N “Deliberation”, a verbal exchange between “Deliberation”, a verbal exchange between communication through any medium, a quorum of members of a governmental a quorum of members of a governmental including electronic mail, between or among body attempting to arrive at a decision on body attempting to arrive at a decision on a quorum of a public body on any public any public business within its jurisdiction. any public business within its jurisdiction. business within its jurisdiction; provided, however, that “deliberation” shall not include the distribution of a meeting agenda, scheduling information or distribution of other procedural meeting or the distribution of reports or documents that may be discussed at a meeting, provided that no opinion of a member is expressed. “Emergency”, a sudden, generally = “Emergency”, a sudden, generally “Emergency”, a sudden, generally unexpected occurrence or set of unexpected occurrence or set of unexpected occurrence or set of circumstances demanding immediate action. circumstances demanding immediate action. circumstances demanding immediate action. “Executive session”, any part of a meeting = “Executive session”, any meeting of a “Executive session”, any meeting or part of of a public body closed to the public for governmental body which is closed to a meeting of a governmental body which is deliberation of certain matters. certain persons for deliberation on certain closed to certain persons for deliberation on matters. certain matters. “Intentional violation”, an act or omission > <Undefined> <Undefined> by a public body or a member thereof, in knowing by violating the open meeting law. “Meeting”, a deliberation by a public body N “Meeting”, any corporal convening and “Meeting”, any corporal convening and with respect to any matter within the body’s deliberation of a governmental body for deliberation of a governmental body for 2
  • 3. jurisdiction; provided, however, “meeting” which a quorum is required in order to which a quorum is required in order to shall not include: make a decision at which any public make a decision at which any public policy business or public policy matter over which matter over which the governmental body (a) an on-site inspection of a project or the governmental body has supervision, has supervision, control, jurisdiction or program, so long as the members do not control, jurisdiction or advisory power is advisory power is discussed or considered; deliberate; discussed or considered; but shall not but shall not include any on-site inspection include any on-site inspection of any project of any project or program. (b) attendance by a quorum of a public or program. body at a public or private gathering, --- including a conference or training program --- or a media, social or other event, so long as This section shall not apply to any chance the members do not deliberate; meeting or social meeting at which matters This section shall not apply to any chance meeting, or a social meeting at which relating to official business are discussed so (c) attendance by a quorum of a public body long as no final agreement is reached. No matters relating to official business are at a meeting of another public body that has discussed so long as no final agreement is chance meeting or social meeting shall be complied with the notice requirements of the reached. No chance meeting or social used in circumvention of the spirit or open meeting law, so long as the visiting requirements of this section to discuss or act meeting shall be used in circumvention of members communicate only by open upon a matter over which the governmental the spirit or requirements of this section to participation in the meeting on those matters body has supervision, control, jurisdiction, discuss or act upon a matter over which the under discussion by the host body and do or advisory power. governmental body has supervision, control, not deliberate; jurisdiction or advisory power. (d) a meeting of a quasi-judicial board or commission held for the sole purpose of making a decision required in an adjudicatory proceeding brought before it; or (e) a session of a town meeting convened under section 10 of chapter 39 which would include the attendance by a quorum of a public body at any such session. “Minutes”, the written report of a meeting > <Undefined> <Undefined> created by a public body required by subsection (a) of section 23 and section 5A of chapter 66. “Open meeting law”, sections 18 to 25, > <Undefined> <Undefined> 3
  • 4. inclusive. “Post notice”, to display conspicuously the > <Undefined> <Undefined> written announcement of a meeting either in hard copy or electronic format. “Preliminary screening”, the initial stage of > <Undefined> <Undefined> screening applicants conducted by a committee or subcommittee of a public body solely for the purpose of providing to the public body a list of those applicants qualified for further consideration or interview. “Public body”, a multiple-member board, N “Governmental body”, every board, “Governmental body”, a state board, commission, committee or subcommittee commission, committee or subcommittee of committee, special committee, within the executive or legislative branch or any district, city, region or town, however subcommittee or commission, however within any county, district, city, region or elected, appointed or otherwise constituted, created or constituted within the executive town, however created, elected, appointed or and the governing board of a local housing, or legislative branch of the commonwealth otherwise constituted, established to serve a redevelopment or similar authority; or the governing board or body of any public purpose; provided, however, that the provided, however, that this definition shall authority established by the general court to governing board of a local housing, not include a town meeting. serve a public purpose in the redevelopment or other similar authority commonwealth or any part thereof, but shall shall be deemed a local public body; not include the general court or the provided, further, that the governing board committees or recess commissions thereof, or body of any other authority established by or bodies of the judicial branch, or any the general court to serve a public purpose in meeting of a quasi-judicial board or the commonwealth or any part thereof shall commission held for the sole purpose of be deemed a state public body; provided, making a decision required in an further, that “public body” shall not include adjudicatory proceeding brought before it, the general court or the committees or recess nor shall it include the board of bank commissions thereof, bodies of the judicial incorporation or the Policyholders branch or bodies appointed by a Protective Board. constitutional officer solely for the purpose of advising a constitutional officer and shall not include the board of bank incorporation or the policyholders protective board; and provided further, that a subcommittee shall include any multiple-member body created to advise or make recommendations to a 4
  • 5. public body. “Quorum”, a simple majority of the = “Quorum”, a simple majority of a “Quorum”, a simple majority of a members of the public body, unless governmental body unless otherwise governmental body unless otherwise otherwise provided in a general or special defined by constitution, charter, rule or law defined by constitution, charter, rule or law law, executive order or other authorizing applicable to such governing body. applicable to such governing body. provision. <Undefined> < “Made public”, when the records of an “Made public”, when the records of an executive session have been approved by executive session have been approved by the members of the respective governmental the members of the respective governmental body attending such session for release to body attending such session for release to the public and notice of such approval has the public and notice of such approval has been entered in the records of such body. been entered in the records of such body. SECTION 19 Chapter 39: Section 23B. Open meetings Chapter 30A: Section 11A-1/2. Open of governmental bodies. meetings of governmental bodies. (a) There shall be in the department of the > attorney general a division of open government under the direction of a director of open government. The attorney general shall designate an assistant attorney general as the director of the open government division. The director may appoint and remove, subject to the approval of the attorney general, such expert, clerical and other assistants as the work of the division may require. The division shall perform the duties imposed upon the attorney general by the open meeting law, which may include participating, appearing and intervening in any administrative and judicial proceedings pertaining to the enforcement of the open meeting law. For the purpose of such participation, appearance, intervention and training authorized by this chapter the attorney general may expend such funds as may be appropriated therefor. (b) The attorney general shall create and > distribute educational materials and provide 5
  • 6. training to public bodies in order to foster awareness and compliance with the open meeting law. Open meeting law training may include, but shall not be limited to, instruction in: (1) the general background of the legal requirements for the open meeting law; (2) applicability of sections 18 to 25, inclusive, to governmental bodies; (3) the role of the attorney general in enforcing the open meeting law; and (4) penalties and other consequences for failure to comply with this chapter. (c) There shall be an open meeting law > advisory commission. The commission shall consist of 5 members, 2 of whom shall be the chairmen of the joint committee on state administration and regulatory oversight; 1 of whom shall be the president of the Massachusetts Municipal Association or his designee; 1 of whom shall be the president of the Massachusetts Newspaper Publishers Association or his designee; and 1 of whom shall be the attorney general or his designee. The commission shall review issues relative to the open meeting law and shall submit to the attorney general recommendations for changes to the regulations, trainings, and educational initiatives relative to the open meeting law as it deems necessary and appropriate. (d) The attorney general shall, not later than > January 31, file annually with the commission a report providing information on the enforcement of the open meeting law during the preceding calendar year. The 6
  • 7. report shall include, but not be limited to: (1) the number of open meeting law complaints received by the attorney general; (2) the number of hearings convened as the result of open meeting law complaints by the attorney general; (3) a summary of the determinations of violations made by the attorney general; (4) a summary of the orders issued as the result of the determination of an open meeting law violation by the attorney general; (5) an accounting of the fines obtained by the attorney general as the result of open meeting law enforcement actions; (6) the number of actions filed in superior court seeking relief from an order of the attorney general; and (7) any additional information relevant to the administration and enforcement of the open meeting law that the attorney general deems appropriate. SECTION 20 (a) Except as provided in section 21, all N All meetings of a governmental body shall All meetings of a governmental body shall meetings of a public body shall be open to be open to the public and any person shall be open to the public and any person shall the public. be permitted to attend any meeting except be permitted to attend any meeting except as otherwise provided by this section. as otherwise provided by this section. No quorum of a governmental body shall No quorum of a governmental body shall meet in private for the purpose of deciding meet in private for the purpose of deciding on or deliberating toward a decision on any on or deliberating toward a decision on any matter except as provided by this section. matter except as provided by this section. (b) Except in an emergency, in addition to N Except in an emergency, a notice of every Except in an emergency, a notice of every any notice otherwise required by law, a meeting of any governmental body shall be meeting of a governmental body subject to public body shall post notice of every filed with the clerk of the city or town in this section shall be filed with the secretary meeting at least 48 hours prior to such which the body acts, and the notice or a of state, and a copy thereof posted in the meeting, excluding Saturdays, Sundays and copy thereof shall, at least forty-eight hours, office of the executive office for legal holidays. In an emergency, a public including Saturdays but not Sundays and administration and finance at least forty- 7
  • 8. body shall post notice as soon as reasonably legal holidays, prior to such meeting, be eight hours, including Saturdays but not possible prior to such meeting. Notice shall publicly posted in the office of such clerk or Sundays and legal holidays, prior to the be printed in a legible, easily understandable on the principal official bulletin board of time of such meeting. The notice shall be format and shall contain the date, time and such city or town. printed in easily readable type and shall place of such meeting and a listing of topics include the date, time and place of such that the chair reasonably anticipates will be meeting. Such filing and posting shall be discussed at the meeting. the responsibility of the officer calling such meetings. (c) For meetings of a local public body, N The secretary of a regional school district notice shall be filed with the municipal clerk committee shall be considered to be its clerk and posted in a manner conspicuously and he shall file the notice of meetings of visible to the public at all hours in or on the the committee with the clerk of each city or municipal building in which the clerk’s town within such district and each such office is located. clerk shall post the notice in his office or on For meetings of a regional or district public the principal official bulletin board of the body, notice shall be filed and posted in city or town and such secretary shall post each city or town within the region or such notice in his office or on the principal district in the manner prescribed for local official bulletin board of the district. If the public bodies. For meetings of a regional meeting shall be of a regional or district school district, the secretary of the regional governmental body, the officer calling the school district committee shall be meeting shall file the notice thereof with the considered to be its clerk and shall file clerk of each city and town within such notice with the clerk of each city or town region or district, and each such clerk shall within such district and shall post the notice post the notice in his office or on the in the manner prescribed for local public principal official bulletin board of the city bodies. For meetings of a county public or town. The notice shall be printed in body, notice shall be filed in the office of the easily readable type and shall contain the county commissioners and a copy of the date, time and place of such meeting. Such notice shall be publicly posted in a manner filing and posting shall be the responsibility conspicuously visible to the public at all of the officer calling such meeting. hours in such place or places as the county commissioners shall designate for the purpose. For meetings of a state public body, notice shall be filed with the attorney general by posting on a website in accordance with procedures established for this purpose. 8
  • 9. The attorney general shall have the authority to prescribe or approve alternative methods of notice where the attorney general determines such alternative will afford more effective notice to the public. (d) The attorney general may by regulation > or letter ruling, authorize remote participation by members of a public body not present at the meeting location; provided, however, that the absent members and all persons present at the meeting location are clearly audible to each other; and provided, further, that a quorum of the body, including the chair, are present at the meeting location. Such authorized members may vote and shall not be deemed absent for the purposes of section 23D of chapter 39. (e) After notifying the chair of the public N A meeting of a governmental body may be A meeting of a governmental body may be body, any person may make a video or audio recorded by any person in attendance by recorded by any person in attendance by recording of an open session of a meeting of means of a tape recorder or any other means means of a tape recorder or any other means a public body, or may transmit the meeting of sonic reproduction or by means of of sonic reproduction except when a through any medium, subject to reasonable videotape equipment fixed in one or more meeting is held in executive session; requirements of the chair as to the number, designated locations determined by the provided, that in such recording there is no placement and operation of equipment used governmental body except when a meeting active interference with the conduct of the so as not to interfere with the conduct of the is held in executive session; provided, that meeting. meeting. At the beginning of the meeting in such recording there is no active the chair shall inform other attendees of any interference with the conduct of the such recordings. meeting. (f) No person shall address a meeting of a N G.L. c. 39,§ 23(C): G.L. c. 39,§ 23(C): public body without permission of the chair, and all persons shall, at the request of the Section 23C. No person shall address a Section 23C. No person shall address a chair, be silent. No person shall disrupt the public meeting of a governmental body public meeting of a governmental body proceedings of a meeting of a public body. without permission of the presiding officer without permission of the presiding officer If, after clear warning from the chair, a at such meeting, and all persons shall, at the at such meeting, and all persons shall, at the person continues to disrupt the proceedings, request of such presiding officer, be silent. request of such presiding officer, be silent. the chair may order the person to withdraw If, after warning from the presiding officer, If, after warning from the presiding officer, from the meeting and if the person does not a person persists in disorderly behavior, said a person persists in disorderly behavior, said 9
  • 10. withdraw, the chair may authorize a officer may order him to withdraw from the officer may order him to withdraw from the constable or other officer to remove the meeting, and, if he does not withdraw, may meeting, and, if he does not withdraw, may person from the meeting. order a constable or any other person to order a constable or any other person to remove him and confine him in some remove him and confine him in some convenient place until the meeting is convenient place until the meeting is adjourned. adjourned. (g) Within 2 weeks of qualification for N Upon qualification for office following an Upon qualification for office following an office, all persons serving on a public body appointment or election to a governmental appointment or election to a governmental shall certify, on a form prescribed by the body, as defined in this section, the member body, a member shall be furnished by the attorney general, the receipt of a copy of the shall be furnished by the city or town clerk state secretary with a copy of this section. open meeting law, regulations promulgated with a copy of this section. Each such Each member shall sign a written pursuant to section 25 and a copy of the member shall sign a written acknowledgment that he has been provided educational materials prepared by the cknowledgement that he has been provided with such a copy. attorney general explaining the open with such a copy. meeting law and its application pursuant to section 19. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain such certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it. SECTION 21 (a) A public body may meet in executive = Nothing except the limitation contained in Nothing except the limitations contained in session only for the following purposes: this section shall be construed to prevent the this section shall be construed to prevent the (1) To discuss the reputation, character, governmental body from holding an governmental body from holding an physical condition or mental health, rather executive session after an open meeting has executive session after an open meeting has than professional competence, of an been convened and a recorded vote has been been convened and after a recorded vote has individual, or to discuss the discipline or taken to hold an executive session. been taken to hold an executive session. 10
  • 11. dismissal of, or complaints or charges Executive sessions may be held only for the Executive sessions may be held only for the brought against, a public officer, employee, following purposes: following purposes: staff member or individual. The individual to be discussed in such executive session (1) To discuss the reputation, character, (1) To discuss the reputation, character, shall be notified in writing by the public physical condition or mental health rather physical condition or mental health rather body at least 48 hours prior to the proposed than the professional competence of an than the professional competence of an executive session; provided, however, that individual, provided that the individual individual, provided that the individual to notification may be waived upon written involved in such executive session has been be discussed in such executive session has agreement of the parties. A public body shall notified in writing by the governmental been notified in writing by the hold an open session if the individual body, at least forty-eight hours prior to the governmental body, at least forty-eight involved requests that the session be open. If proposed executive session. Notification hours prior to the proposed executive an executive session is held, such individual may be waived upon agreement of the session. Notification may be waived upon shall have the following rights: parties. A governmental body shall hold an agreement of the parties. A governmental i. to be present at such executive session open meeting if the individual involved body shall hold an open meeting if the during deliberations which involve that requests that the meeting be open. If an individual involved requests that the individual; executive session is held, such individual meeting be open. If an executive session is ii. to have counsel or a representative of shall have the following rights: held, such individual shall have the his own choosing present and attending for following rights: the purpose of advising the individual and (a) to be present at such executive session not for the purpose of active participation in (a) to be present at such executive session during discussions or considerations which the executive session; involve that individual. during discussions or considerations which iii. to speak on his own behalf; and involve that individual. (b) to have counsel or a representative of his iv. to cause an independent record to be (b) to have counsel or a representative of his own choosing present and attending for the created of said executive session by audio- own choosing present and attending for the purpose of advising said individual and not recording or transcription, at the individual’s purpose of advising said individual and not for the purpose of active participation in expense. said executive session. for the purpose of active participation in The rights of an individual set forth in this (c) to speak in his own behalf. said executive session. paragraph are in addition to the rights that he (c) to speak in his own behalf. may have from any other source, including, but not limited to, rights under any laws or (2) To consider the discipline or dismissal (2) To consider the discipline or dismissal collective bargaining agreements and the of, or to hear complaints or charges brought of, or to hear complaints or charges brought exercise or non-exercise of the individual against, a public officer, employee, staff against, a public officer, employee, staff rights under this section shall not be member, or individual, provided that the member, or individual, provided that the construed as a waiver of any rights of the individual involved in such executive individual involved in such executive individual. session pursuant to this clause has been session has been notified in writing by the notified in writing by the governmental governmental body at least forty-eight hours body at least forty-eight hours prior to the prior to the proposed executive session. 11
  • 12. proposed executive session. Notification Notification may be waived upon agreement may be waived upon agreement of the of the parties. A governmental body shall parties. A governmental body shall hold an hold an open meeting if the individual open meeting if the individual involved involved requests that the meeting be open. requests that the meeting be open. If an If an executive session is held, such executive session is held, such individual individual shall have the following rights: shall have the following rights: (a) to be present at such executive session (a) to be present at such executive session during discussions or considerations which during discussions or considerations which involve that individual. involve that individual. (b) to have counsel or a representative of his (b) to have counsel or a representative of his own choosing present and attending for the own choosing present and attending for the purpose of advising said individual and not purpose of advising said individual and not for the purpose of active participation in for the purpose of active participation. said executive session. (c) to speak in his own behalf. (c) to speak in his own behalf. 2. To conduct strategy sessions in = (3) [To discuss strategy with respect to preparation for negotiations with nonunion collective bargaining or litigation if an open personnel or to conduct collective meeting may have a detrimental effect on bargaining sessions or contract negotiations the bargaining or litigating position of the with nonunion personnel; governmental body], to conduct strategy sessions in preparation for negotiations with nonunion personnel, to conduct collective bargaining sessions or contract negotiations with nonunion personnel. 3. To discuss strategy with respect to = (3) To discuss strategy with respect to (3) To discuss strategy with respect to collective bargaining or litigation if an open collective bargaining or litigation if an collective bargaining or litigation if an open meeting may have a detrimental effect on open meeting may have a detrimental meeting may have a detrimental effect on the bargaining or litigating position of the effect on the bargaining or litigating the bargaining or litigating position of the public body and the chair so declares; position of the governmental body, [to governmental body, and to conduct conduct strategy sessions in preparation for collective bargaining sessions. negotiations with nonunion personnel, to conduct collective bargaining sessions or contract negotiations with nonunion personnel]. 4. To discuss the deployment of security = (4) To discuss the deployment of security (4) To discuss the deployment of security personnel or devices, or strategies with personnel or devices. personnel or devices. 12
  • 13. respect thereto; 5. To investigate charges of criminal = (5) To investigate charges of criminal (5) To investigate charges of criminal misconduct or to consider the filing of misconduct or to discuss the filing of misconduct or to discuss the filing of criminal complaints; criminal complaints. criminal complaints. 6. To consider the purchase, exchange, = (6) To consider the purchase, exchange, (6) To consider the purchase, exchange, lease or value of real property if the chair lease or value of real property, if such lease or value of real property, if such declares that an open meeting may have a discussions may have a detrimental effect discussions may have a detrimental effect detrimental effect on the negotiating on the negotiating position of the on the negotiating position of the position of the public body; governmental body and a person, firm or governmental body and a person, firm or corporation. corporation. 7. To comply with, or act under the = (7) To comply with the provisions of any (7) To comply with the provisions of any authority of, any general or special law or general or special law or federal grant-in- general or special law or federal grant-in- federal grant-in-aid requirements; aid requirements. aid requirements. 8. To consider or interview applicants for = (8) To consider and interview applicants employment or appointment by a for employment by a preliminary screening preliminary screening committee if the chair committee or a subcommittee appointed by declares that an open meeting will have a a governmental body if an open meeting detrimental effect in obtaining qualified will have a detrimental effect in obtaining applicants; provided, however, that this qualified applicants; provided, however, clause shall not apply to any meeting, that this clause shall not apply to any including meetings of a preliminary meeting, including meetings of a screening committee, to consider and preliminary screening committee or a interview applicants who have passed a prior subcommittee appointed by a governmental preliminary screening; body, to consider and interview applicants who have passed a prior preliminary screening. 9. To meet or confer with a mediator, as = (9) To meet or confer with a mediator, as defined in section 23C of chapter 233, with defined in section twenty-three C of chapter respect to any litigation or decision on any two hundred and thirty-three, with respect public business within its jurisdiction to any litigation or decision on any public involving another party, group or entity, business within its jurisdiction involving provided that: another party, group or body, provided that: (i) any decision to participate in mediation (a) any decision to participate in mediation shall be made in an open session and the shall be made in open meeting session and parties, issues involved and purpose of the the parties, issues involved and purpose of mediation shall be disclosed; and the mediation shall be disclosed; and (b) no 13
  • 14. (ii) no action shall be taken by any public action shall be taken by any governmental body with respect to those issues which are body with respect to those issues which are the subject of the mediation without the subject of the mediation without deliberation and approval for such action at deliberation and approval for such action at an open session; or an open meeting after such notice as may be required in this section. 10. to discuss trade secrets or confidential, = (10) To discuss trade secrets or confidential, competitively-sensitive or other proprietary competitively-sensitive or other proprietary information provided in the course of information provided in the course of activities conducted by a governmental body activities conducted by a governmental as an energy supplier under a license granted body as an energy supplier under a license by the department of public utilities pursuant granted by the department of public utilities to section 1F of chapter 164, in the course of pursuant to section 1F of chapter 164, in the activities conducted as a municipal course of activities conducted as a aggregator under section 134 of said chapter municipal aggregator under section 134 of 164 or in the course of activities conducted said chapter 164 or in the course of by a cooperative consisting of governmental activities conducted by a cooperative entities organized pursuant to section 136 of consisting of governmental entities said chapter 164, when such governmental organized pursuant to section 136 of said body, municipal aggregator or cooperative chapter 164, when such governmental body, determines that such disclosure will municipal aggregator or cooperative adversely affect its ability to conduct determines that such disclosure will business in relation to other entities making, adversely affect its ability to conduct selling or distributing electric power and business in relation to other entities making, energy. selling or distributing electric power and energy. (b) A public body may meet in closed N No executive session shall be held until the No executive session shall be held until the session for 1 or more of the purposes governmental body has first convened in an governmental body has first convened in an enumerated in subsection (a) provided that: open session for which notice has been open session for which notice has been 1. the body has first convened in an open given, a majority of the members have given, a majority of the members of the session pursuant to section 21; voted to go into executive session and the governmental body have voted to go into 2. a majority of members of the body have vote of each member is recorded on a roll executive session and the vote of each voted to go into executive session and the call vote and entered into the minutes, the member is recorded on a roll call vote and vote of each member is recorded by roll call presiding officer has cited the purpose for entered into the minutes, the presiding and entered into the minutes; an executive session, and the presiding officer has cited the purpose for an 3. before the executive session, the chair officer has stated before the executive executive session, and the presiding officer shall state the purpose for the executive session if the governmental body will has stated before the executive session if the 14
  • 15. session, stating all subjects that may be reconvene after the executive session. governmental body will reconvene after the revealed without compromising the purpose executive session. for which the executive session was called; The rights of an individual set forth in this 4. the chair shall publicly announce whether section relative to his appearance before a The rights of an individual set forth in this the open session will reconvene at the meeting in an executive or open session, are section relative to his appearance before a conclusion of the executive session; and in addition to the rights that an individual meeting in an executive or open session, are 5. accurate records of the executive session may have from any other source, including, in addition to the rights that an individual shall be maintained pursuant to section 23. but not limited to, rights under any laws or may have from any other source, including, collective bargaining agreements, and the but not limited to rights under any laws or exercise or nonexercise of the individual collective bargaining agreements, and the rights under this section shall not be exercise or nonexercise of the individual construed as a waiver of any rights of the rights under this section shall not be individual. construed as a waiver of any rights of the individual. SECTION 22 (a) A public body shall create and maintain N A governmental body shall maintain A governmental body shall maintain accurate minutes of all meetings, including accurate records of its meetings, setting accurate records of its meetings, setting executive sessions, setting forth the date, forth the date, time, place, members present forth the date, time, place, members present time and place, the members present or or absent and action taken at each meeting, or absent and action taken at each meeting, absent, a summary of the discussions on including executive sessions. including executive sessions. each subject, a list of documents and other exhibits used at the meeting, the decisions made and the actions taken at each meeting, including the record of all votes. (b) No vote taken at an open session shall = All votes taken in executive sessions shall All votes taken in executive sessions shall be by secret ballot. Any vote taken at an be recorded roll call votes and shall become be recorded roll call votes and shall become executive session shall be recorded by roll a part of the record of said executive a part of the record of said executive call and entered into the minutes. sessions. No votes taken in open session sessions. No votes taken in open session shall be by secret ballot. shall be by secret ballot. (c) Minutes of all open sessions shall be N created and approved in a timely manner. The minutes of an open session, if they exist and whether approved or in draft form, shall be made available upon request by any person within 10 days. (d) Documents and other exhibits, such as N 15
  • 16. photographs, recordings or maps, used by the body at an open or executive session shall, along with the minutes, be part of the official record of the session. (e) The minutes of any open session, the N The records of each meeting shall become a The records of each meeting shall become a notes, recordings or other materials used in public record and be available to the public; public record and be available to the public; the preparation of such minutes and all provided, however, that the records of any provided, however, that the records of any documents and exhibits used at the session, executive session may remain secret as long executive session may remain secret as long shall be public records in their entirety and as publication may defeat the lawful as publication may defeat the lawful not exempt from disclosure pursuant to any purposes of the executive session, but no purposes of the executive session, but no of the exemptions under clause Twenty- longer. longer. sixth of section 7 of chapter 4. Notwithstanding this paragraph, the following materials shall be exempt from disclosure to the public as personnel information: (1) materials used in a performance evaluation of an individual bearing on his professional competence, provided they were not created by the members of the body for the purposes of the evaluation; and (2) materials used in deliberations about employment or appointment of individuals, including applications and supporting materials; provided, however, that any resume submitted by an applicant shall not be exempt. (f) The minutes of any executive session, > the notes, recordings or other materials used in the preparation of such minutes and all documents and exhibits used at the session, may be withheld from disclosure to the public in their entirety under subclause (a) of clause Twenty-sixth of section 7 of chapter 4, as long as publication may defeat the lawful purposes of the executive session, but no longer; provided, however, that the 16
  • 17. executive session was held in compliance with section 21. When the purpose for which a valid executive session was held has been served, the minutes, preparatory materials and documents and exhibits of the session shall be disclosed unless the attorney-client privilege or 1 or more of the exemptions under said clause Twenty-sixth of said section 7 of said chapter 4 apply to withhold these records, or any portion thereof, from disclosure. For purposes of this subsection, if an executive session is held pursuant to clause (2) or (3) of subsections (a) of section 21, then the minutes, preparatory materials and documents and exhibits used at the session may be withheld from disclosure to the public in their entirety, unless and until such time as a litigating, negotiating or bargaining position is no longer jeopardized by such disclosure, at which time they shall be disclosed unless the attorney-client privilege or 1 or more of the exemptions under said clause Twenty-sixth of said section 7 of said chapter 4 apply to withhold these records, or any portion thereof, from disclosure. (g)(1) The public body, or its chair or > designee, shall, at reasonable intervals, review the minutes of executive sessions to determine if the provisions of this subsection warrant continued non-disclosure. Such determination shall be announced at the body’s next meeting and such announcement shall be included in the minutes of that meeting. 17
  • 18. (2) Upon request by any person to inspect or copy the minutes of an executive session or any portion thereof, the body shall respond to the request within 10 days following receipt and shall release any such minutes not covered by an exemption under subsection (f); provided, however, that if the body has not performed a review pursuant to paragraph (1), the public body shall perform the review and release the non-exempt minutes, or any portion thereof, not later than the body’s next meeting or 30 days, whichever first occurs. A public body shall not assess a fee for the time spent in its review. SECTION 23 (a) Subject to appropriation, the attorney N The district attorney of the county in which The attorney general shall enforce the general shall interpret and enforce the open the violation occurred shall enforce the provisions of this section. meeting law. provisions of this section. (b) At least 30 days prior to the filing of a > complaint with the attorney general, the complainant shall file a written complaint with the public body, setting forth the circumstances which constitute the alleged violation and giving the body an opportunity to remedy the alleged violation; provided, however, that such complaint shall be filed within 30 days of the date of the alleged violation. The public body shall, within 14 business days of receipt of a complaint, send a copy of the complaint to the attorney general and notify the attorney general of any remedial action taken. Any remedial action taken by the public body in response to a complaint under this subsection shall not be admissible as evidence against the public body that a violation occurred in any 18
  • 19. later administrative or judicial proceeding relating to such alleged violation. The attorney general may authorize an extension of time to the public body for the purpose of taking remedial action upon the written request of the public body and a showing of good cause to grant the extension. (c) Upon the receipt of a complaint by any > person, the attorney general shall determine, in a timely manner, whether there has been a violation of the open meeting law. The attorney general may, and before imposing any civil penalty on a public body shall, hold a hearing on any such complaint. Following a determination that a violation has occurred, the attorney general shall determine whether the public body, 1 or more of the members, or both, are responsible and whether the violation was intentional or unintentional. Upon the finding of a violation, the attorney general may issue an order to: (1) compel immediate and future compliance with the open meeting law; (2) compel attendance at a training session authorized by the attorney general; (3) nullify in whole or in part any action taken at the meeting; (4) impose a civil penalty upon the public body of not more than $1,000 for each intentional violation; (5) reinstate an employee without loss of compensation, seniority, tenure or other benefits; (6) compel that minutes, records or other materials be made public; or (7) prescribe other appropriate action. 19
  • 20. (d) A public body or any member of a body N aggrieved by any order issued pursuant to this section may, notwithstanding any general or special law to the contrary, obtain judicial review of the order only through an action in superior court seeking relief in the nature of certiorari; provided, however, that notwithstanding section 4 of chapter 249, any such action shall be commenced in superior court within 21 days of receipt of the order. Any order issued under this section shall be stayed pending judicial review; provided, however, that if the order nullifies an action of the public body, the body shall not implement such action pending judicial review. (e) If any public body or member thereof > shall fail to comply with the requirements set forth in any order issued by the attorney general, or shall fail to pay any civil penalty imposed within 21 days of the date of issuance of such order or within 30 days following the decision of the superior court if judicial review of such order has been timely sought, the attorney general may file an action to compel compliance. Such action shall be filed in Suffolk superior court with respect to state public bodies and, with respect to all other public bodies, in the superior court in any county in which the public body acts or meets. If such body or member has not timely sought judicial review of the order, such order shall not be open to review in an action to compel compliance. (f) As an alternative to the procedure in > Upon proof of failure by any governmental Upon proof of failure by any governmental subsection (b), the attorney general or 3 or body or by any member or officer thereof to body or by any member or officer thereof to 20
  • 21. more registered voters may initiate a civil carry out any of the provisions for public carry out any of the provisions of this action to enforce the open meeting law. notice or meetings, for holding open section, any justice of the supreme judicial Any action under this subsection shall be meetings, or for maintaining public records court or any justice of the superior court filed in Suffolk superior court with respect thereof, any justice of the supreme judicial sitting in the county in which the to state public bodies and, with respect to all court or the superior court sitting within and governmental body customarily meets or in other public bodies, in the superior court in for the county in which such governmental the absence of such sitting of court then any any county in which the public body acts or body acts shall issue an appropriate order justice of the superior court sitting in meets. requiring such governmental body or Suffolk county shall issue an appropriate In any action filed pursuant to this member or officer thereof to carry out such order requiring such governmental body or subsection, in addition to all other remedies provisions at future meetings. Such order member or officer thereof to carry out such available to the superior court, in law or in may be sought by complaint of three or provision at future meetings. Any such equity, the court shall have all of the more registered voters, by the attorney order may be sought by complaint of three remedies set forth in subsection (b). general, or by the district attorney of the or more registered voters, by the attorney In any action filed under this subsection, the county in which the city or town is located. general, or by the district attorney for the order of notice on the complaint shall be The order of notice on the complaint shall district in which the governmental body is returnable not later than 10 days after the be returnable no later than ten days after the located. The order of notice on the filing and the complaint shall be heard and filing thereof and the complaint shall be complaint shall be heard no later than ten determined on the return day or on such day heard and determined on the return day or days after the filing thereof or on such day as the court shall fix, having regard to the on such day thereafter as the court shall fix, thereafter as the court shall fix, having speediest possible determination of the having regard to the speediest possible regard to the speediest possible cause consistent with the rights of the determination of the cause consistent with determination of the cause consistent with parties; provided, however, that orders may the rights of the parties; provided, however, the rights of the parties; provided, however, be issued at any time on or after the filing of that orders with respect to any of the that orders with respect to any of the the complaint without notice when such matters referred to in this section may be matters referred to in this section may be order is necessary to fulfill the purposes of issued at any time on or after the filing of issued at any time on or after the filing of the open meeting law. In the hearing of any the complaint without notice when such the complaint without notice when such action under this subsection, the burden order is necessary to fulfill the purposes of order is necessary to fulfill the purposes of shall be on the respondent to show by a this section. In the hearing of such this section. In the hearing of such preponderance of the evidence that the complaints the burden shall be on the complaint the burden shall be on the action complained of in such complaint was respondent to show by a preponderance of respondent to show by a preponderance of in accordance with and authorized by the the evidence that the action complained of the evidence that the actions complained of open meeting law; provided, however, that in such complaint was in accordance with in such complaint were in accordance with no civil penalty may be imposed on an and authorized by section eleven A 1/2 of and authorized by this section, by section individual absent proof that the action chapter thirty A, by section nine G of nine G of chapter thirty-four or by section complained of violated the open meeting chapter thirty-four or by this section. All twenty-three B of chapter thirty-nine. All law. processes may be issued from the clerk’s processes may be issued from the clerk's office in the county in which the action is office in the county in which the action is 21
  • 22. brought and, except as aforesaid, shall be brought and, except as aforesaid, shall be returnable as the court orders. returnable as the court orders. Such order may invalidate any action taken Such order may invalidate any action taken at any meeting at which any provision of at any meeting at which any provision of this section has been violated, provided that this section has been violated, provided that such complaint is filed within twenty-one such complaint is filed within twenty-one days of the date when such action is made days of the date when such action is made public. public. Any such order may also, when appropriate, Any such order may also, when appropriate, require the records of any such meeting to require the records of any such meeting to be made public, unless it shall have been be made public, unless it shall have been determined by such justice that the determined by such justice that the maintenance of secrecy with respect to such maintenance of secrecy with respect to such records is authorized. The remedy created records is authorized. The remedy created hereby is not exclusive, but shall be in hereby is not exclusive, but shall be in addition to every other available remedy. addition to every other available remedy. Such order may also include reinstatement without loss of compensation, seniority, tenure or other benefits for any employee discharged at a meeting or hearing held in violation of the provisions of this section. Such order may also include a civil fine against the governmental body in an amount no greater than one thousand dollars for each meeting held in violation of this section. (g) It shall be a defense to the imposition of > a penalty that the public body, after full disclosure, acted in good faith compliance with the advice of the public body’s legal counsel. (h) Payment of civil penalties under this > 22
  • 23. section paid to or received by the attorney general shall be paid into the general fund of the commonwealth. SECTION 24 (a) Whenever the attorney general has > reasonable cause to believe that a person, including any public body and any other state, regional, county, municipal or other governmental official or entity, has violated the open meeting law, the attorney general may conduct an investigation to ascertain whether in fact such person has violated the open meeting law. Upon notification of an investigation, any person, public body or any other state, regional, county, municipal or other governmental official or entity who is the subject of an investigation, shall make all information necessary to conduct such investigation available to the attorney general. In the event that the person, public body or any other state, regional, county, municipal or other governmental official or entity being investigated does not voluntarily provide relevant information to the attorney general within 30 days of receiving notice of the investigation, the attorney general may: (1) take testimony under oath concerning such alleged violation of the open meeting law; (2) examine or cause to be examined any documentary material of whatever nature relevant to such alleged violation of the open meeting law; and (3) require attendance during such examination of documentary material of any person having knowledge of the documentary material and take testimony under oath or acknowledgment in respect of 23
  • 24. any such documentary material. Such testimony and examination shall take place in the county where such person resides or has a place of business or, if the parties consent or such person is a nonresident or has no place of business within the commonwealth, in Suffolk county. (b) Notice of the time, place and cause of > such taking of testimony, examination or attendance shall be given by the attorney general at least 10 days prior to the date of such taking of testimony or examination. (c) Service of any such notice may be made > by: (1) delivering a duly-executed copy to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person; (2) delivering a duly-executed copy to the principal place of business in the commonwealth of the person to be served; or (3) mailing by registered or certified mail a duly-executed copy addressed to the person to be served at the principal place of business in the commonwealth or, if said person has no place of business in the commonwealth, to his principal office or place of business. (d) Each such notice shall: (1) state the time > and place for the taking of testimony or the examination and the name and address of each person to be examined, if known and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs; (2) state the statute and section thereof, the alleged violation of which is under investigation and 24
  • 25. the general subject matter of the investigation; (3) describe the class or classes of documentary material to be produced thereunder with reasonable specificity, so as fairly to indicate the material demanded; (4) prescribe a return date within which the documentary material is to be produced; and (5) identify the members of the attorney general’s staff to whom such documentary material is to be made available for inspection and copying. (e) No such notice shall contain any > requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of the commonwealth or require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of the commonwealth. (f) Any documentary material or other > information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of the commonwealth for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general, unless with the consent of the person producing the same; provided, however, that such material or information may be disclosed by the attorney general in court pleadings or other papers filed in court. (g) At any time prior to the date specified in > the notice, or within 21 days after the notice has been served, whichever period is shorter, 25
  • 26. the court may, upon motion for good cause shown, extend such reporting date or modify or set aside such demand or grant a protective order in accordance with the standards set forth in Rule 26(c) of the Massachusetts Rules of Civil Procedure. The motion may be filed in the superior court of the county in which the person served resides or has his usual place of business or in Suffolk county. This section shall not be applicable to any criminal proceeding nor shall information obtained under the authority of this section be admissible in evidence in any criminal prosecution for substantially identical transactions. Section 25 (a) The attorney general shall have the > authority to promulgate rules and regulations to carry out enforcement of the open meeting law. (b) The attorney general shall have the authority to interpret the open meeting law and to issue written letter rulings or advisory opinions according to rules established under this section. SECTION 19. Sections 9F and 9G > of chapter 34 of the General Laws are hereby repealed. SECTION 20. Sections 23A to 23C, inclusive, of chapter 39 of the General Laws are hereby repealed. rev 6/14/10 26
  • 27. Enforcement Within 30 days of the alleged violation, the complainant must first file complaint with the public body. Public body has 14 days to send copy to AG and notify of any remedial action taken. After 30 days from the filing of the complaint with the public body the complainant may file complaint with the AG. Upon receipt of complaint, AG shall determine if violation “in timely manner.” AG may conduct investigation to determine if a violation has occurred. Upon notification, public body shall provide all info requested by AG within 30 days AG may conduct hearing. AG may take testimony under oath, examine documentary material, and may require attendance of person(s) with knowledge of materials with 10 day notice according to rules same as/similar to subpoena under Mass.R.Civ.P. Materials so obtained not public records “shall not be disclosed to any person” Following determination, AG shall determine if public body, 1 or more of members, or both, are responsible and whether intentional or unintentional. Upon finding a violation, AG may issue an order to (one or more): - Compel immediate and future compliance with the open meeting law - Compel attendance at a training session authorized by the attorney general - Nullify in whole or in part any action taken at the meeting - Impose a civil penalty upon the public body of not more than $1000 for each intentional violation (paid to the General Fund) - Reinstate an employee without loss of compensation, seniority, tenure, or other benefits - Compel that minutes, records or other materials be made public - Prescribe other appropriate action If aggrieved by order, public body or member may obtain judicial review only by certiorari in superior court within 21 days of receiving order. If public body or member fails within 21 days to comply with requirements of AG order or pay civil penalty, or within 30 days of court decision if judicial review timely sought, then AG can commence action to compel. Alternative to complaint process, AG or 3 (or more) registered voters may initiate civil action in superior court to compel compliance.
  • 28. Intersection with Public Records Law Minutes defined further Documents and exhibits used at meetings included as part of the “official record” Public records status of open meeting minutes, documents, and other defined materials fully explained (“shall be public records in their entirety and not exempt from disclosure”) Public records status of certain materials specifically used in performance evaluations or deliberations concerning employment or appointment exempt from disclosure under Public Records Law (PRL) Time frames for approval of open meeting minutes and disclosure in response to request Public records status and timing of executive session minutes, documents, and other defined materials fully explained Public records status of certain materials specifically used in executive sessions entered into under Reasons 2 or 3 = exempt from disclosure if one or more of exemptions under Public Records Law (PRL) and/or attorney/client privilege continues to keep from disclosure Detailed approval process and time frames for approval of executive session minutes and disclosure in response to request New OML Old OML Some teeth No teeth One statute for all levels of government Three separate statutes: state, county, local Interpretation and enforcement consolidated Interpretation and enforcement distributed among the District Attorneys Consistency in interpretation and enforcement Divergent viewpoints in interpretation and enforcement Administrative enforcement options available Judicial enforcement only Notice provisions made more contemporary Notice requirements weak, ineffective Training and education a core ingredient Training minimum: delivery of copy of OML Clearer interface with the Public Records Law OML and PRL non-congruent Remedies and appellate review more robust Remedies inadequate Compatible with contemporary technologies Written before modern communication options 1-22-10
  • 29. Interim State Public Body Notice Posting Requirements Under the Open Meeting Law set to take effect July 1, 2010, state public bodies are required, except in emergencies, to a post meeting notices at least 48 hours in advance of a meeting, not including Saturdays, Sundays or legal holidays. The notice must include the date, time, and location of the meeting, as well as a listing of topics that the chair reasonably anticipates will be discussed. The new law requires that for meetings of a state public body, notice shall be posted on a website in accordance with procedures established for this purpose. The new law can be found at G. L. c. 30A § 18-25. Every state public body will be responsible for posting meeting notices on a website and informing the Division of Open Government at the Attorney General’s Office of the location of the website on which the state public body will be posting its notices. The Attorney General’s Office is working with the state Information Technology Division of the Executive Office of Administration and Finance to develop streamlined procedures for state public bodies to meet these new requirements. In the interim, state public bodies must continue to provide a copy of meeting notices to the Executive Office of Administration and Finance. State public bodies need not send a copy of meeting notices to the Attorney General or file with the Secretary of State. For state public bodies subject to the Open Meeting Law, please send the name of the public body, the name and contact information for the individual responsible for posting meeting notices, and the website location on which the public body will be posting its meeting notices to openmeeting@state.ma.us. Should the implementation of the new Open Meeting Law be delayed beyond July 1, 2010 as is now being considered by the Legislature, then state public bodies must continue to follow the procedures under the old law, G. L. c. 30A § 11A½, until the new implementation date. Under the prior state Open Meeting Law, G. L. c. 30A § 11A½, a notice of every meeting of a governmental body was to be filed with the Secretary of State, and a copy posted in office of the Executive Office for Administration and Finance at least 48 hours, including Saturdays but not Sundays and legal holidays, prior to the time of such meeting.