AG continues work on open meeting law regulations

Attorney General Martha Coakley said her office has responded to 1,400 inquiries, issued 29 determinations, and conducted or participated in 36 trainings across the state in the nine months since the rewritten open meeting law gave her office authority for administration and enforcement of the law.

New regulations require everyone serving on a public body to certify in writing that they have received a copy of the open meeting law and the attorney general’s guidelines.

Open meeting law updates come in the form of regulations, advisory opinions and other information that can be found on the attorney general’s office website (www.mass.gov/ag). The website includes open meeting law determination letters that have been issued since last July 1.

A number of key determinations and pending regulations address the use of technology in conducting public business, while others are in progress. One regulation clarifies a prohibition on the use of e-mail or “other written deliberation” by members of a public body on matters that should be discussed in an open meeting.

The revised statute clarifies that the attorney general has the authority to authorize remote participation by members in an open meeting using the Internet and/or phone. The attorney general’s office is still reviewing the best options for implementing this provision.

The office has determined that notices about public meetings may be posted on municipal websites.

Coakley said work is under way to define what a public body is as it relates to the open meeting law.

Reading Town Manager Peter Hechenbleikner, the MMA’s designee on the Open Meeting Law Advisory Commission, praised the education efforts of the attorney general’s office.

“It is refreshing to see a focus on education and a commitment to listen to community leaders about issues and concerns regarding the new law,” Hechenbleikner said. “Community input has already helped to shape regulations on meeting posting requirements, and going forward that same level of community input will help to craft workable regulations on a host of other open and emerging issues in the law.”

For more information, visit the website for the Division of Open Government in the attorney general’s office at www.mass.gov/ag.