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SECTION III: MINUTES
A governmental body shall maintain accurate records of its meetings, setting forth the date, time, place, members present or absent and action taken at each meeting, including executive sessions. The records of each meeting shall become a public record and be available to the public; provided, however, that the records of any executive session may remain secret as long as publication may defeat the lawful purposes of the executive sessions, but no longer. All votes taken in executive sessions shall be recorded roll call votes and shall become a part of the record of said executive session.Section 5A of Chapter 66 of the General Laws, further defines the records that must be maintained. The statute states that the records required to be maintained by the open meeting law "shall report the names of all members of such boards and commissions present, the subjects acted upon, and shall record exactly the votes and other offical actions taken by such boards and commissions....."
No verbatim transcript of proceedings is required, Perryman v. School Committee of Boston, 17 Mass. App. Ct. 346 (1983).
A reading of the Open Meeting Law in conjunction with G.L. c.66, s 5A, makes clear that the term "actions taken," as used in the Open Meeting Law, includes the requirement that a record be compiled of discussions, even if no vote is taken or final resolution is arrived at, with respect to the issue discussed.
The public's right of access to the activities of public bodies requires that the subject matter of all discussions, exchange of ideas or deliberations should be identified in the minutes of a meeting of such public body.
Minutes compiled in compliance with these statutes are public records. The person having custody of the minutes must permit them to be inspected and examined by any person, under the supervision of the custodian. Copies of minutes must be provided to persons requesting them upon the payment of a reasonable fee.
The minutes of an executive session are also public records with the exception that they may be withheld from public inspection so long as the need for secrecy which justified the executive session in the first place still prevails, but no longer.
Section 10 of Chapter 66, describes the method available to the public to enforce their right to inspect public documents. The Supervisor of Public Documents, under G.L. c.66 s.1, has the power to adopt regulations to enforce the provisions of the statute concerning the content of and access to public records.
