The public's business

The public’s business

A quick-and-dirty guide to Massachusetts’ Open Meeting

and Public Records laws

To benefit the public

• No special treatment for reporters• Students have the same rights as everyone else

Open Meeting Law

• Most states have one

Open Meeting Law

• Most states have one• Guarantees access to most government

meetings

Open Meeting Law

• Most states have one• Guarantees access to most government

meetings• Doesn’t cover state Legislature

Scope

• All meetings of governmental body, board, committee or subcommittee

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

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

Notice

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

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

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

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

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

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

Records

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

Records

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

• Some records are “exempt from disclosure” under the state Public Records Law

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

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

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

Executive session

• Purpose must be announced

Executive session

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

Executive session

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

present

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

Ten lawful purposes

1. Personal reputation

• To discuss personal reputation, character, physical condition or mental health

1. Personal reputation

• To discuss personal reputation, character, physical condition or mental health

• Executive session not permitted to discuss professional competence

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

2. Discipline

• To consider discipline, dismissal or to hear complaints against an individual

2. Discipline

• To consider discipline, dismissal or to hear complaints against an individual

• Individual must be notified in advance

3. Litigation and negotiation

• To discuss city or town’s strategy in collective bargaining or litigation

3. Litigation and negotiation

• To discuss city or town’s strategy in collective bargaining or litigation

• To conduct contract negotiations with nonunion personnel

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

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

4. Security

• To discuss the deployment of security personnel

5. Criminal misconduct

• To investigate criminal misconduct

6. Real estate

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

7. To comply with law

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

8. Preliminary screening

• To screen applicants for a position at a preliminary level

8. Preliminary screening

• To screen applicants for a position at a preliminary level

• Finalists must be interviewed in public session

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?

9. Mediation

• To meet or confer with a certified mediator, provided that:

9. Mediation

• To meet or confer with a certified mediator, provided that:– Decision to participate in mediation is decided

in open session

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

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

10. Trade secrets

• A new provision• “To discuss trade secrets or confidential,

competitively-sensitive or other proprietary information” under certain circumstances

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

Police records

• Records most often sought by reporters

Police records

• Records most often sought by reporters• Log of incidents must be made public

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

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

Real-life dilemmas

• Before the meeting, a rolling quorum gathers out back. What should you do?

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?

Real-life dilemmas

• School Committee members want to screen 25 applicants for curriculum director in executive session. Can they?

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?

Real-life dilemmas

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

Enforcement

• Open Meeting Law– Attorney general’s office

Enforcement

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

Enforcement

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

• Public Records Law– Custodian of public records (local)

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

Credits and resources

• Essex County District Attorney Jonathan W. Blodgett

• For further information:– http://1.usa.gov/sBxQ1o