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SECTION XIV: ENFORCEMENT
The District Attorney of the county in which the violation occurred shall enforce the provisions of this section.
The primary enforcement role in the Open Meeting Law is assigned to the District Attorney. The Attorney General and groups of three or more registered voters are also empowered to file complaints in the Supreme Judicial Court and the Superior Court, seeking relief from violations of the Open Meeting Law.
Typically, complaints are received by the District Attorney through telephone communications. The calls are referred to an Assistant District Attorney in the appellate/civil division. The complainant is asked to reduce the complaint to written form and submit it to the District Attorney's office.
After the complaint is received, the Assistant, in consultation with the District Attorney, makes a preliminary evaluation of the legal and factual basis of the complaint. If it appears that the allegations, if true would constitute a violation of the Open Meeting Law, the assistant will inquire in writing to the governmental body which is the subject of complaint.
The inquiry will provide a summary of the complaint, a reference to the portion of the Open Meeting Law allegedly violated, and will request a response from the governmental body indicating that body's version of the facts and it's views concerning the legality of the disputed action.
At the same time, such factual investigation and legal research as may be necessary to evaluate the complaint will take place at the District Attorney's office.
If, after the investigation described above, it is determined that no violation has occurred, the complainant and the governmental body will be informed.
If a violation is found, the parties involved will be notified. It may be requested that the governmental body publicly acknowledge the violation and publicly indicate its intention to comply with the law in the future as well as to indicate what steps it will take to remedy the problem and insure future compliance.
If the governmental body refuses to acknowledge a violation, or the seriousness of the violation indicates that the informal procedures outlined above are inappropriate, the District Attorney will file suit. Under no circumstances will the District Attorney enter an informal settlement if the result of the agreement fails to accomplish the same results as a law suit.
Upon proof of failure by any governmental body or by any member or officer thereof to carry out any of the provisions for public notice or meetings, for holding Open Meetings, or for maintaining public records thereof, any justice of the Supreme Judicial Court or the Superior Court sitting within and for the county in which such governmental body acts shall issue an appropriate order requiring such governmental body or member or officer thereof to carry out such provisions at future meetings.
Such order may invalidate any action taken at any meeting at which any provision of this section has been violated, provided that such complaint is filed within twenty-one days of the date when such action is made public.
The action described above is filed in the name of the District Attorney as plaintiff, and names the members of the offending governmental body individually as defendants.
At any hearing before the court the governmental body has the burden to prove by a preponderance of the evidence that the action in question was not a violation of the Open Meeting Law.
The District Attorney is not reluctant to file suit under the statute in the appropriate circumstances. Experience has shown, however, that most violations of the Open Meeting Law are preventable. The most important factor to be remembered by governmental bodies is that the Open Meeting Law indicates that in the overwhelming number of occasions, no public business may be conducted except at an Open Meeting for which valid notice has been given.
The Open Meeting Law is not designed to provide means by which a governmental body can conduct business in private. It is designed to insure the public's right of access, provide a means by which that right can be enforced, and establishes specific narrowly defined circumstances in which public business may be conducted in private when, and only when, public disclosure will be detrimental to individual rights or the public good. Informed public officials willing to accept the principle of open government will seldom violate the Open Meeting Law.
The District Attorney's office is receptive to questions, and is available to advise governmental officials and municipal attorney's on any issue involving the Open Meeting Law.
