A quick-and-dirty guide to Massachusetts' Open Meeting and Public Records laws.

1. The public’s business
A quick-and-dirty guide to
Massachusetts’ Open Meeting
and Public Records laws

2. To benefit the public
• No special treatment for reporters
• Students have the same rights as everyone else

3. Open Meeting Law
• Most states have one

4. Open Meeting Law
• Most states have one
• Guarantees access to most government
meetings

5. Open Meeting Law
• Most states have one
• Guarantees access to most government
meetings
• Doesn’t cover state Legislature

6. Scope
• All meetings of governmental body, board,
committee or subcommittee

7. Scope
• All meetings of governmental body, board,
committee or subcommittee
• To discuss any public-policy matter within
board’s jurisdiction, even if no decision is
made

8. Scope
• All meetings of governmental body, board,
committee or subcommittee
• To discuss any public-policy matter within
board’s jurisdiction, even if no decision is
made
• A quorum of members must be present for
law to apply

9. Notice
• Filed in the city or town clerk’s office and
posted at least 48 hours in advance

10. Notice
• Filed in the city or town clerk’s office and
posted at least 48 hours in advance
• Notice period does not include Saturdays,
Sundays or legal holidays

11. Notice
• Filed in the city or town clerk’s office and
posted at least 48 hours in advance
• Notice period does not include Saturdays,
Sundays or legal holidays
• Emergency provision

12. Notice
• Filed in the city or town clerk’s office and
posted at least 48 hours in advance
• Notice period does not include Saturdays,
Sundays or legal holidays
• Emergency provision
– Unexpected circumstances

13. Notice
• Filed in the city or town clerk’s office and
posted at least 48 hours in advance
• Notice period does not include Saturdays,
Sundays or legal holidays
• Emergency provision
– Unexpected circumstances
– Demanding immediate action

14. Notice
• Filed in the city or town clerk’s office and
posted at least 48 hours in advance
• Notice period does not include Saturdays,
Sundays or legal holidays
• Emergency provision
– Unexpected circumstances
– Demanding immediate action
– To preserve the public interest

15. Records
• Minutes of all meetings, including
executive sessions, must be made public

16. Records
• Minutes of all meetings, including
executive sessions, must be made public
• Some records are “exempt from disclosure”
under the state Public Records Law

17. Records
• Minutes of all meetings, including
executive sessions, must be made public
• Some records are “exempt from disclosure”
under the state Public Records Law
– Privacy, including library records

18. Records
• Minutes of all meetings, including
executive sessions, must be made public
• Some records are “exempt from disclosure”
under the state Public Records Law
– Privacy, including library records
– Ongoing bids

19. Records
• Minutes of all meetings, including
executive sessions, must be made public
• Some records are “exempt from disclosure”
under the state Public Records Law
– Privacy, including library records
– Ongoing bids
– Other common-sense exemptions

20. Executive session
• Purpose must be announced

21. Executive session
• Purpose must be announced
• Roll-call vote in open session

22. Executive session
• Purpose must be announced
• Roll-call vote in open session
• Majority of entire body, not merely of
those present

23. Executive session
• Purpose must be announced
• Roll-call vote in open session
• Majority of entire body, not merely of
those present
• Minutes must be released as soon as need
for secrecy ends

24. Ten lawful purposes

25. 1. Personal reputation
• To discuss personal reputation, character,
physical condition or mental health

26. 1. Personal reputation
• To discuss personal reputation, character,
physical condition or mental health
• Executive session not permitted to discuss
professional competence

27. 1. Personal reputation
• To discuss personal reputation, character,
physical condition or mental health
• Executive session not permitted to discuss
professional competence
• No private performance reviews

28. 2. Discipline
• To consider discipline, dismissal or to hear
complaints against an individual

29. 2. Discipline
• To consider discipline, dismissal or to hear
complaints against an individual
• Individual must be notified in advance

30. 3. Litigation and negotiation
• To discuss city or town’s strategy in
collective bargaining or litigation

31. 3. Litigation and negotiation
• To discuss city or town’s strategy in
collective bargaining or litigation
• To conduct contract negotiations with
nonunion personnel

32. 3. Litigation and negotiation
• To discuss city or town’s strategy in
collective bargaining or litigation
• To conduct contract negotiations with
nonunion personnel
• To conduct collective bargaining or to hear
grievances as required by bargaining
agreement

33. 3. Litigation and negotiation
• To discuss city or town’s strategy in
collective bargaining or litigation
• To conduct contract negotiations with
nonunion personnel
• To conduct collective bargaining or to hear
grievances as required by bargaining
agreement
• Litigation may not be settled in private

34. 4. Security
• To discuss the deployment of security
personnel

35. 5. Criminal misconduct
• To investigate criminal misconduct

36. 6. Real estate
• To consider or negotiate real-estate
transactions if open session may have
detrimental effect

37. 7. To comply with law
• To comply with another law that requires
an executive session, such as privacy

38. 8. Preliminary screening
• To screen applicants for a position at a
preliminary level

39. 8. Preliminary screening
• To screen applicants for a position at a
preliminary level
• Finalists must be interviewed in public
session

40. 8. Preliminary screening
• To screen applicants for a position at a
preliminary level
• Finalists must be interviewed in public
session
• How can we tell the difference?

41. 9. Mediation
• To meet or confer with a certified
mediator, provided that:

42. 9. Mediation
• To meet or confer with a certified
mediator, provided that:
– Decision to participate in mediation is decided
in open session

43. 9. Mediation
• To meet or confer with a certified
mediator, provided that:
– Decision to participate in mediation is decided
in open session
– Parties involved and purpose of mediation
disclosed before mediation

44. 9. Mediation
• To meet or confer with a certified
mediator, provided that:
– Decision to participate in mediation is decided
in open session
– Parties involved and purpose of mediation
disclosed before mediation
– Any issues subject to mediation be deliberated
in open session afterward

45. 10. Trade secrets
• A new provision
• “To discuss trade secrets or confidential,
competitively-sensitive or other proprietary
information” under certain circumstances

46. Public Records Law
• “[A]ll books, papers, maps, photographs,
recorded tapes, financial statements, statistical
tabulations or other documentary materials or
data regardless of physical form or
characteristics” that are made or received by
state, county and municipal offices. A reasonable
fee may be charged.
— Longmeadow Town Counsel David Martel

47. Police records
• Records most often sought by reporters

48. Police records
• Records most often sought by reporters
• Log of incidents must be made public

49. Police records
• Records most often sought by reporters
• Log of incidents must be made public
• Log must include names and addresses of
those arrested and charges against them

50. Police records
• Records most often sought by reporters
• Log of incidents must be made public
• Log must include names and addresses of
those arrested and charges against them
• Incident reports are not public if disclosure
would harm investigation

51. Real-life dilemmas
• Before the meeting, a rolling quorum
gathers out back. What should you do?

52. Real-life dilemmas
• The City Council is about to go into
executive session. You believe its reasons
are illegal.
– What should you do at the meeting?
– What should you do the next day?

53. Real-life dilemmas
• School Committee members want to
screen 25 applicants for curriculum director
in executive session. Can they?

54. Real-life dilemmas
• School Committee members want to
screen 25 applicants for curriculum director
in executive session. Can they?
• School Committee members want to
interview five candidates for curriculum
director in executive session. Can they?

55. Real-life dilemmas
• A School Committee member tips you off
that his colleagues are discussing business
via email. What should you do?

56. Enforcement
• Open Meeting Law
– Attorney general’s office

57. Enforcement
• Open Meeting Law
– Attorney general’s office
– Punishment provisions are weak

58. Enforcement
• Open Meeting Law
– Attorney general’s office
– Punishment provisions are weak
• Public Records Law
– Custodian of public records (local)

59. Enforcement
• Open Meeting Law
– Attorney general’s office
– Punishment provisions are weak
• Public Records Law
– Custodian of public records (local)
– Supervisor of public records in the secretary of
state’s office

60. Credits and resources
• Essex County District Attorney Jonathan W.
Blodgett
• For further information:
– http://1.usa.gov/sBxQ1o