The presentation to the Franklin School Committee on the MA Open Meeting Law. Presentation reviewed at the Dec 13, 2011 meeting.

1. FRANKLIN SCHOOL
COMMITTEE
OPEN MEETING LAW WORKSHOP
DECEMBER 13, 2011
Michelle Allaire McNulty, Esq.
Murphy, Lamere & Murphy, P.C.
10 Forbes Rd West
Braintree, MA 02185
781-848-1850

2. What Does The Law Require?
 All meetings of a public body must be open to the
public, unless a valid reason for executive session
exists.

3. What Is A Meeting?
 A “deliberation” by a public body with respect to any
matter within the body’s jurisdiction.
 Oral and written communication through any medium,
including electronic mail
 Between a quorum of a public body
 On any public business within its jurisdiction
 Does not include:
 Distribution of meeting agenda
 Scheduling information or other procedural meeting
 Distribution of reports or documents for a meeting
 Provided No Opinion Is Expressed!

4. Exceptions To The OML
 Onsite inspection of a project or program, with no
deliberation
 Attend conference, training program or event, with
no deliberation
 Attend a meeting of another public body, provided
they communicate only by open participation and
with no deliberation
 Meetings of quasi-judicial boards or commissions
held solely to make decisions in an adjudicatory
proceeding
 Town Meeting

5. Notice Requirements
 At least 48 hours in advance, excluding Saturdays,
Sundays, and legal holidays.
 Emergency Meetings–As soon as reasonably possible
 a sudden, generally unexpected occurrence or set of
circumstances demanding immediate action
 Filed with municipal clerk
 Posted so conspicuously available to public at all
hours
 Outside building
 Website
 Cable Television and Internet

6. What’s In The Notice
 Legible and easy to understand format
 Date, Time, Place
 List of Topics/Agenda
 That, as of the time of posting, the Chair reasonably
anticipates will be discussed
 Is sufficiently specific to reasonably inform the public of the
issues to be discussed.
 Encouraged to revise notice if additional topics arise after
posting but before meeting

7. Executive Session
 First convene in Open Session
 State reason for the executive session
 Include all subjects that may be revealed without
compromising the purpose for which the executive session was
called
 State whether body will reconvene at end of
executive session
 Roll call vote to enter executive session

8. Purposes for Executive Session
Exception #1
 To discuss reputation, character, physical condition
or mental health, NOT professional competence, or
 To discuss complaints or charges brought against a
public officer, employee, staff member or individual.
 48 hours written notice, which may be waived
 Individual may choose to have meeting in Open Session
 Right to be present
 To have counsel or representative of choosing present for
advising, not active participation
 To speak on own behalf
 To cause independent recording to be made at own expense

9. Exception #2
 To conduct strategy sessions in preparation for
negotiations with non-union personnel; or
 To conduct collective bargaining session or
contract negotiations with non-union
personnel
 Includes bargaining with unions and grievance hearings

10. Exception #3
 To discuss strategy with respect to collective
bargaining or litigation if an open meeting may
have a detrimental effect on the bargaining or
litigating position of the public body and the chair
so declares
 Some meetings may require vote under Exception #2 (for
actual participation in collective bargaining) and #3 (for
strategy session)
 Unlike Exception #2, requires Chair to make declaration at
time of vote to enter into Executive Session
 Ongoing litigation – Not potential litigation or meetings

11. Exceptions #4 and #5
 #4 – To discuss the deployment of security
personnel or devices
 #5 – To investigate charges of criminal misconduct
or to consider the filing of criminal complaints

12. Exceptions #6 and #7
 #6 – To consider the purchase, exchange, lease or
value of real property if the chair declares that an
open meeting may have a detrimental effect on the
negotiating position of the public body
 #7 – To comply with, or act under the authority of,
any general or special law or federal grant-in-aid
requirements

13. Exception #8
 Preliminary Screening Interviews
 To consider or interview applicants for employment or
appointment by a preliminary screening committee if the chair
declares that an open meeting will have a detrimental effect in
obtaining qualified applicants
 Provided, will not apply to any meetings to consider and
interview applicants who have passed a prior preliminary
screening
 Screening Committee must be less than a quorum
 May contain non-members

14. Exception #9
 To meet or confer with a mediator, as defined in
M.G.L. c. 233, s. 23C, with respect to any litigation or
decision on any public business within jurisdiction
 The decision to participate in mediation must be made in open
session
 The parties, issues involved and purpose of mediation must be
disclosed
 No action shall be taken by the public body with respect to
those issues that are subject of mediation without delberation
and approval of such action in opens session

15. Exception #10
Municipal Energy Provider
 To discuss trade secrets or
confidential, competitively-sensitive or other
proprietary information, provided:
 Acting as an energy supplier under c. 164, s. 1F
 Acting as a municipal aggregator under c. 164, s. 134
 Activities conducted by a cooperative of governmental bodies
under c. 164, s. 134
 Determination that disclosure will adversely affect ability to
conduct business in relation to other entities making, selling or
distributing electric power or energy

16. Remote Participation
 CEO must authorize
 Majority vote of Town Council
 Applies to all subsequent meetings of all local public bodies
within municipality
 Also determines amount and source of payment for any costs
associated with remote participation
 Adoption may be revoked

17. Minimum Requirements for Remote
Participation
 All persons present and remote member must be
clearly audible to each other
 Quorum, including chair, must be physically present
 Remote members may vote and are not deemed
absent
 If video technology used, remote member must be
clearly visible to all persons present in the meeting
location.

18. Permissible Reasons for Remote Participation
 Chair determines that one or more of the following
factors makes the members’ physical attendance
unreasonably difficult:
 Personal illness
 Personal disability
 Emergency
 Military service
 Geographic distance

19. Technology for Remote Participation
 Acceptable methods:
 Telephone, internet, satellite enabled audio, video
conferencing
 Any other technology that enables remote participation and all
persons present at the meeting location to be clearly audible to
one another
 Public Body determines which method to use
 Chair decides how to address technical difficulties
 Encouraged to suspend discussions while reasonable
corrective efforts are made
 Disconnections noted in meeting minutes, including time

20. Procedures for Remote Participation
 Member who wishes to participate remotely notifies
chair as soon as reasonably possible prior to meeting
 Includes reason for request and facts supporting
 At start of meeting, chair announces name of
member who will be participating remotely and
reason
 Information recorded in minutes
 All votes taken are by roll call

21.  May participate in executive session
 Must state no other person present or able to hear discussion,
unless that person’s presence is approved by simple majority
vote
 When feasible, in advance of meeting, chair
distributes to remote participant copies of all
documents/exhibits reasonably anticipates being
used
 If used, documents shall be part of official record of meeting,
listed in meeting minutes, and retained per c. 30A, s. 22

22. Public Participation
 Allowed to attend all open sessions
 Allowed to make audio or video recording of open
session
 Notify chair
 Comply with reasonable requirements regarding equipments
established by chair so as not to interfere with meeting
 Chair informs other attendees of recording at beginning of meeting
 May not address body without permission of chair
 May not disrupt meeting
 After warning, chair may order person to leave
 If fails to leave, chair may authorize constable or officer to remove

23. Minutes In General
 Created and approved in a timely manner
 Date, time, and place of meeting
 All members present or absent
 All decisions made and actions taken including a
record of all votes
 Summary of discussions on each subject
 A list of documents and other exhibits used at the
meeting
 Constitute public documents

24. Open Session Minutes
 Made available to public within 10 days upon request
 Whether approved or in draft form
 Including materials or exhibits (if requested)
 Exemptions to disclosure:
 Materials (other than those created by members of the public
body) used in a performance evaluation of an individual
 Materials (other than a resume, which is always subject to
disclosure) used in deliberations about employment or
appointment of individuals, including applications and
supporting materials
 Evaluation documents created by body are public

25. Executive Session Minutes
 Not required to disclose minutes, notes or materials used
in executive session if would defeat purpose of meeting
 Once disclosure would no longer defeat purposes of
executive session, all minutes, notes, materials must be
disclosed unless otherwise exempt from public records
law
 Period review of executive session minutes
 To determine whether continued non-disclosure is warranted
 Such determination must be included in subsequent meetings
 Requests – respond within 10 days
 If haven’t reviewed yet, must do so prior to next meeting or within 30
days, whichever is sooner

26. Complaint Process
 Enforced through AGO’s office
 First file with body (with copy to Town Clerk)
 Within 30 days of violation
 Body has 14 days to respond
 With AGO
 30 days after filed with public body
 AGO will review complaint and any remedial action taken by
body
 May seek additional info from public body
 Seek to resolve within 90 days
 May hold hearings

27. AGO Enforcement Authority
 Upon finding of a violation, AGO may:
 Compel immediate and future compliance with OML
 Compel attendance at training sessions
 Nullify in whole or in part any action taken at the meeting
 Impose civil penalties of not more than $1000 for each
intentional violation
 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 actions