Open Meeting Law and Executive Session
The open meeting law is a multi-page document. This attempts only to highlight the basic tenets of the law. The League of Women Voters publishes a guide to the Open Meeting Law which explains the law in more detail.
All meetings of a governmental body
shall be open to the public and any person shall be permitted to attend any
meeting except as otherwise provided by this law.
Executive (i. e., not public) session
may be held only after roll call vote has been taken during open session.
Executive sessions may only be held
for the following purposes:
·
Discuss reputation, character, physical
condition or mental health rather than professional competence of an individual
·
Consider the discipline or dismissal of
a public officer, employee, staff member or individual
·
Discuss strategy with respect to collective
bargaining or litigation
·
Discuss the deployment of security personnel
or devices
·
Investigate charges of criminal misconduct
or discuss the filing of criminal complaints
·
Consider the purchase, exchange, lease or
value of real property
·
Comply with the provisions of any general
or special law
·
Consider and interview applicants for employment
·
Meet or confer with a mediator
The open meeting law does not apply
to any chance meeting or social meeting at which matters relating to official
business are discussed so long as no final agreement is reached.
Except in an emergency, a notice
must be filed with the town clerk and publicly posted at least 48 hours prior
to a meeting.
The records of each meeting shall
become a public record and be available to the public.
Records of executive session may
remain secret as long as publication may defeat the lawful purposes of the
executive session, but no longer.
From: Massachusetts General Laws, Chapter 39, Section 23B
MGL Chapter 39, Section 23A Definitions - Open Meeting Law |
| MGL Chapter
39, Section 23C Public
Participation in Open Meetings |