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ASSOCIATED LINKS
Amendments to the Open Meeting Law
Executive Session for Contract Negotiations and Collective Bargaining
[The underlined portion was added in November 1988 and became effective
February 16, 1989.]
(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the governmental body, to conduct strategy sessions in preparation for negotiations with non-union personnel, to conduct collective bargaining sessions or contract negotiations with non-union personnel. (Emphasis added).
Executive sessions are now also permissible for the following purpose:
[ Clause (10) of the fourth paragraph added by 2008, 445, Sec. 4 effective March 30, 2009.]
(10) To discuss trade secrets or confidential, competitively-sensitive or other proprietary information provided in the course of activities conducted by a governmental body as an energy supplier under a license granted by the department of public utilities pursuant to section 1F of chapter 164, in the course of activities conducted as a municipal aggregator under section 134 of said chapter 164 or in the course of activities conducted by a cooperative consisting of governmental entities organized pursuant to section 136 of said chapter 164, when such governmental body, municipal aggregator or cooperative determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy.
Amendment to c.39, s.23D
[This section was added, effective August 10, 2006:]
Section 23D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member´s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.
(b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section.
Amendment to c.39, s.23B
Videotaping of Meetings
[The eighth paragraph of s. 23B dealing with the tape recording of the meeting was amended in June of 1987 by adding the underlined portion which became effective in September of 1987.]
A meeting of a governmental body may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction or by means of videotape equipment fixed in one or more designated locations determined by the governmental body except when a meeting is held in executive session; provided that in such recording, there is no active interference with the conduct of the meeting." (Emphasis added).
Secret Ballots Prohibited
[The seventh paragraph was amended by adding the following language which became effective in October of 1988:]
"No votes taken in open session shall be by secret ballot." (Emphasis added).
Civil Fines
[A new paragraph was added in January 1994 to the portion of the c. 39, s. 23B that addresses court orders for violations. The amendment is effective April 13, 1994.]
"Such order may also include a civil fine against the governmental body in an amount of no greater than one thousand dollars for each meeting held in violation of this section."
