AG seeks comments on specificity of meeting notice topics

A number of public bodies have asked the attorney general’s office for additional guidance as to the level of specificity required in public meeting notices, citing a variety of circumstances not specifically addressed in prior determinations by the attorney general.

In response, the attorney general’s office is seeking comments on meeting topics and agenda items that may pose challenges to public bodies attempting to provide a greater level of detail in their meeting notices.

The attorney general’s office is not reviewing or reconsidering determinations already issued in response to complaints of violations of the open meeting law, but rather is seeking public comment to assist in the drafting of future guidance for public bodies.

Individuals interested in submitting comments are encouraged to consider the following questions:

1. What are some of your most frequently used meeting topics?

2. Would providing additional detail in notices about any of your frequently used meeting topics pose particular challenges to your public body? If yes, please describe:
a. How you currently list these topics on meeting notices;
b. What the costs and/or other burdens are that would be associated with providing a more detailed description of these topics on meeting notices.

3. Are there any special meeting topics that your public body uses on an annual or periodic basis?

4. Would providing additional detail in notices about any of these special meeting topics pose particular challenges to your public body? If yes, please describe:
a. How you currently list these topics on meeting notices;
b. What the costs and/or other burdens are that would be associated with providing a more detailed description of these topics on meeting notices.

Comments should pertain to these specific questions and should be sent to Jonathan Sclarsic, Assistant Attorney General, Division of Open Government, Office of the Attorney General, One Ashburton Place, 20th Floor, Boston, MA 02108, or to openmeeting@state.ma.us.

Comments should be submitted by May 31.

The open meeting law (M.G.L. Ch. 30A, Sects. 18-25) states that a meeting notice for a public body, “shall be printed in a legible, easily understandable format and shall contain the date, time and place of such meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.” (Sect. 20(b)).

The attorney general’s regulations further require that, “The list of topics shall have sufficient specificity to reasonably advise the public of the issues to be discussed at the meeting” (940 CMR 29.03(1)(b)).

The attorney general’s determinations resolving open meeting law complaints may be found at www.mass.gov/ago/omldeterminations.