Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
On Aug. 22, the attorney general’s office finalized two regulations governing the open meeting law.
Regarding remote participation in a public meeting, a new regulation allows adopting authorities to set additional restrictions unique to specific local concerns and situations as long as those restrictions don’t violate state or federal laws.
The second regulation deals with the definition of “intentional violation” as it relates to the open meeting law.
After two public comment periods – one on the initial definition of “knowing and knowingly” and the second on the final definition of “intentional violation” – the attorney general’s office concluded that a public body or public body member intentionally violates the open meeting law if the body or member: “(a) acted with specific intent to violate the law; (b) acted with deliberate ignorance of the law’s requirements; or (c) was previously informed by receipt of a decision from the court of competent jurisdiction or advised by the Attorney General.”
The regulation goes on to state that when a reasonable mistake is made, and the public body or public body member acted in good faith, such conduct will not be considered intentional.
On Sept. 12, the Division of Open Government, following a new procedure to seek public comment before issuing an FAQ, published a request for comment on an FAQ relative to collective bargaining agreements. The FAQ seeks to provide guidance on the topic of whether public bodies must take a final vote to approve a collective bargaining agreement in open session, or whether such a vote may be taken behind closed doors.
The Division of Open Government this fall is holding four regional workshops to provide updates on – and guidance about compliance with – the open meeting law.
The free educational forums will be conducted by attorneys and staff from the Division of Open Government. Members of public bodies, municipal officials, and members of the public are all encouraged to attend.
The two remaining sessions will be held from 6 to 8 p.m. on the following dates:
• Oct. 3, Taunton Superior Court House, 9 Court St., Taunton
• Oct. 17, Barnstable High School, 744 West Main St., Hyannis
Advance registration is requested by emailing OMLTraining@state.ma.us or calling (617) 963-2925 and providing your first and last name, city or town of residence, the public body or organization you represent, if appropriate, and the location of the forum you will attend.
The Division of Open Government has announced that it will hold additional trainings around the state in the spring.
For more information, visit www.mass.gov/ago/openmeeting.