Charting the Course

An Orientation Program for School Leaders

Open Meeting Law

CHARTING THE COURSE

��Open Meeting Law �M.G.L. c. 30A §§ 18-25 ��

Definitions Under OML

Meetings & Deliberations

• What’s a Meeting:

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• A deliberation by a public body with respect to any matter within the body’s jurisdiction
• What’s Deliberation:
• Oral, written or electronic communications on public business between or among a quorum of a public body
• quorum: majority of members

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The Technicalities of “Deliberation”

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• May not avoid OML requirements to defeat fundamental purpose of the law.

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• Governmental bodies may not circumvent…the open meeting law by conducting deliberations via private messages, whether
• electronically
• in person
• over the telephone
• or in any other form

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Gathering is Not a Meeting IF:

• The Members Do Not Deliberate AND The gathering is

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• An on-site inspection of a project or program;
• A public or private gathering, including a conference or training program or a media, social, or other event;
• The attendance by a quorum at a meeting of another public body that complied with open meeting law - If the visiting members communicate only by open participation in the meeting on those matters discussed by the host body;
• A session of a town meeting;

Special Exclusions

• Distributing meeting agenda

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• Distributing schedule Info

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• Distributing reports or documents that may be discussed at the meeting

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• Deciding scheduling

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Before the Open Meeting

Posting Requirements For School Committee

• 48 hours prior to meeting
• Excluding Saturdays, Sundays & legal holidays

Notice must include:

• Date, Time, Place, and Topics the Chair anticipates discussing (Agenda)
• Local Public Body:
• File with municipal clerk, and post where conspicuously visible to the public at all hours inside or on clerk’s office’s building
• Regional or District Public Body:
• File and post in each city or town within the district or use alternative method

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During the Open Meeting

• Access & Participation
• Remote participation
• Cities/Towns – requires Mayor or BoS permission.
• Regional Districts by majority vote of the School Committee.
• A quorum must be physically present;
• Person chairing the meeting must be physically present;
• All remote participants must be clearly audible/visible to all persons present;
• Remote participants and the reason for remote participation announced by chair;
• All votes by roll call.
• Recording
• chair must inform attendees of any recordings
• Public Comment
• requires permission of chair

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Executive Session 10 Purposes: �M.G.L. c. 30A § 21(a)

• § 21(a)(1): To discuss an individual, public officer, employee or staff member’s
• Reputation
• Character
• Physical condition, or
• Mental health
• Discipline or dismissal, complaints or charges against the individual
• Discussing Individuals
• Open Session
• Professional competence
• At individual’s request
• Executive Session
• Reputation, character, physical condition, mental health
• Discipline or dismissal, complaints or charges against, employee

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Executive Session�10 Purposes: M.G.L. c. 30A §

• 21(a)Individual’s Rights in Executive Session
• To receive written notice at least 48 hours prior to executive session
• To be present
• To speak on his own behalf
• To create an independent record by audio recording or transcription
• To have Counsel or Representative present for purpose of advising (not for participation)

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Executive Session�10 Purposes: M.G.L. c. 30A §

• § 21(a)(2): Strategy session for negotiations, collective bargaining sessions, or contract negotiations with nonunion personnel [NOTE – Contract ratification votes must be taken in open session for individual contracts and CBA votes must be released in timely fashion]
• § 21(a)(3): Strategy session respecting collective bargaining or litigation if an open meeting with hurt Committee’s bargaining or litigating position.
• § 21(a)(4): Security personnel or device deployment or strategy
• § 21(a)(5): Investigate charges of criminal misconduct or consider filing criminal complaints
• § 21(a)(6): Consider purchase, exchange, lease or value of real estate if open discussion would hurt Committee’s negotiating position
• § 21(a)(7): Comply with any general law, special law, or federal grant-in-aid requirements

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Executive Session�10 Purposes: M.G.L. c. 30A §

• § 21(a)(8): Consider or interview applicants by a preliminary screening committee
• if chair declares an open meeting will have a detrimental effect in obtaining qualified applicants
• Not if applicants have already passed an initial screening committee

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• § 21(a)(9): Meet or confer with mediator

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• § 21(a)(10): Discuss trade secrets

Executive Session Procedure

• Convene an open session first
• Vote to enter executive session
• Roll call vote
• Majority of all committee members (regardless of attendance at the meeting)
• Votes entered into minutes
• Chair states executive session’s purpose, including everything that may be revealed without compromising executive session’s purpose
• Chair announces whether open session will reconvene

Definition of Personnel Information Excludes Materials:

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• Materials used in a performance evaluation, bearing on an individual’s professional competence, If created by members of the public body for the purposes of the evaluation are releasable public records.

Otherwise Personnel Information is exempt from public disclosure

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• The public will have access to any evaluations created by members of the public body. The public is allowed to scrutinize the board’s judgment of the people it evaluates (the Superintendent)

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�Minutes & Public Records

• Minutes must include:
• Date, Time, Place
• Members Present/Absent – Annotated as to arrival and departure times, if during the meeting
• List of All Documents and Exhibits Used at Meeting
• (Full copies need NOT be part of minutes, but they ARE part of the record and must be kept for public access.)
• Discussion Summary of Each & Every Topic
• Record of All Votes, Decisions Made, & Actions Taken
• Make Minutes Available on Request
• Draft form or approved
• Including photos, recordings, maps, documents used at meeting, notes or recordings used to create minutes
• Within 10 days of request
• Approval
• Meeting minutes shall be created and approved in a timely manner (within the next three meetings or within 30 days)

Minutes & Public Records

• Applicants for Hire
• Materials used in deliberations about hiring of individuals, Applications and supporting materials are excluded from public record
• Resumes are included in the public record
• Performance Evaluations
• Materials used in Performance Evaluations are included only if the materials were created by members of the public body for the purposes of the evaluation (Superintendent only)

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Minutes & Public Records

Executive Session Minutes

• Same Content Requirement as Open Session Minutes
• May Withhold Only Until Release No Longer Defeats the Purpose of the Executive Session
• Must have been proper executive session: purpose and procedure
• May be withheld in their entirety
• Must Respond within 10 days of request
• Release if the committee has reviewed and minutes are no longer exempt

-OR- Review at next committee meeting or in 30 days, whichever is shorter

• Release entire non-exempt minutes or portions thereof
• Release of Executive Session Minutes must be announced at Open Meeting.

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Enforcing Open Meeting Law

• Administrative Decision:
• decided by A.G. after considering body’s remedial actions
• File complaint with public body within 30 days
• Public body forwards complaint to AG along with description of remedial actions within 14 days
• AG holds hearing before imposing civil penalty
• Superior Court Alternative:
• 3 registered voters or A.G. brings civil action
• Remedies
• Nullify all or part of any action taken at the meeting
• Compel immediate and future compliance
• Compel minutes to be made public
• Reinstate an employee with back pay
• Compel attendance at training session
• Impose a civil penalty up to $1,000 for each intentional violation
• Other appropriate action

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Enforcing Open Meeting Law

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• Defense:
• after full disclosure, the public body acted in good faith compliance, with advice of the public body’s legal counsel.

THANK YOU.

QUESTIONS?