Open meetings of governmental bodies are an important feature of state and local government in Massachusetts and citizens should have some familiarity with the law which assures this procedure.

The Open Meeting Law (which is contained in Massachusetts General Laws, Chapter 39, Sections 23A through 23C) embodies the principle that the democratic process depends on having the public know the reasons for decisions made by its boards and agencies so that the people are best able to judge the actions taken by public officials.

The law applies to meetings of a "governmental body" which is broadly defined to include all local boards and commissions, whether elected or appointed, as well as sub-committees of these groups. A special committee, appointed by the selectmen to study a certain issue, for example, would be a governmental body under the law even if it only had the authority to make recommendations to the selectmen.

The law applies whenever a "quorum" of a governmental body assembles. The law defines a quorum as a simply majority of the body in question unless some other law or bylaw defines a quorum differently. Thus, if a quorum of a governmental body assembles to discuss any public business, the actions of the body are subject to the Open Meeting Law. Once a body is subject to the law, notices of its meetings must be posted on the official bulletin board in

the Town Hall at least 48 hours before the meeting. The notice must state the date, time and place of the meeting. The notice requirement does not apply to a meeting called in case of an "emergency" but the body should still give as much notice as possible.

Once a meeting is held, the governmental body must keep accurate minutes which, at a minimum, set forth the date, time and place of the meeting; identify those members of the body who were present or absent; and describe all action which was taken at the meeting. The minutes should also reflect any discussion or consideration of issues on which no vote was actually taken. The law permits anyone in attendance at a meeting to make an audio and/or video recording of a meeting provided that the equipment is placed in the meeting room as required by the body and provided that the recording does not interfere with the conduct of the meeting.

Although the guiding principle of the Open Meeting Law is that meetings should be open to the public, the law still recognizes that there are certain situations where the public interest would not be jeopardized by having a meeting in private, that is in an "executive session." The law contains eight narrow and specific grounds for holding an executive session. The obvious exceptions are to discuss collective bargaining or litigation strategy if discussion of these subjects in an open meeting would have a detrimental effect on the body's bargaining or litigating position. Similarly, a body may go into executive session to discuss the purchase or sale of real estate if the body's negotiating position would be adversely impacted by discussing its negotiating strategy in public.

An executive session is also permitted to discuss certain matters relating to individuals. For example, the law permits an executive session to discuss the "reputation, character, physical condition or mental health rather than the professional competence of an individual. 11 In addition, an executive session is permitted to "consider the discipline or dismissal of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual." In both of these instances, however, the law includes important safeguards for the person who will be discussed in the executive session. First, the individual must be notified at least 48 hours prior to the proposed executive session and the individual has the right to request that an open meeting be held. The individual is also entitled to be personally present during the executive session and to speak on his own behalf and to have counsel or a representative present to give advice.

One final exception to the open meeting requirement applies to interviews by "a preliminary screening committee or a sub-committee in connection with consideration of and interviews with applicants for employment. For example, if a screening committee has been appointed to narrow the field of candidates from 15 to 3, the meetings of the screening committee may be in executive session. once the interviews move on to final consideration by the full committee (rather than just the screening committee) , however, these further sessions must be open to the public.

The district attorney for the county where the meeting takes place has the jurisdiction to enforce the Open Meeting Law. In addition, three or more registered voters may file a complaint in Superior Court seeking enforcement of the law. In the event that a governmental body has violated the law, whatever action was taken at a meeting may be invalidated. In addition, the law provides for a monetary penalty of up to $1,000 against the governmental body for each meeting which was held in violation of the Law.