Overview
For the period January 1, 2021 through December 31, 2021, MCSW did not consistently track commissioners’ completion of Open Meeting Law materials certification and training requirements by newly appointed and reappointed commissioners.
Additionally, during the period January 1, 2022 through December 31, 2023, MCSW did not ensure that it received Certificates of Receipt of Open Meeting Law materials from 9 out of the 20 commissioners sampled. Of the 11 commissioners who provided certificates, 10 did not complete them within the required two weeks of qualifying for office. Out of 20 MCSW commissioners, 11 did not complete the required Open Meeting Law training. Of these 9 commissioners in our sample who completed the training, 5 did not complete it within the required 30 days of qualifying for office.
Without evidence that newly appointed or reappointed commissioners receive the Open Meeting Law materials and complete the training within the required time frames, there is an elevated risk that commissioners may be unaware of their responsibilities and could potentially violate the law.
Authoritative Guidance
Section 20(h) of Chapter 30A of the General Laws states,
Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated under section 25 [of Chapter 30A of the General Laws] and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application under section 19 [of Chapter 30A of the General Laws]. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it.
According to the MCSW Policy Manual, “Additionally, Commissioners are also required to attend an open meeting law training within 30 days of their appointment (and re-appointment) to the MCSW or any regional CSW.”
Reasons for Issue
MCSW officials told us that the issue was because of the commissioners’ oversight in providing certificates regarding receipt of Open Meeting Law materials and completion of training. Although MCSW has established policies and procedures as corrective actions based on the findings from our 2020 audit (Audit Report No. 2020-1458-3S), these measures were only implemented in January 2022.
Recommendation
MCSW should continually monitor its compliance with the Open Meeting Law material certification and training requirements.
Auditee’s Response
Since the audit review period commenced, MCSW has revised its Ethics Policies, issued a new Open Meeting Law (OML) Guide and materials to all commissioners, and requested signed receipts. We have established new procedures requiring all commissioners to receive updated materials from the Attorney General’s Office upon their revision and during onboarding at appointment and reappointment. Commissioners now receive a welcome letter at the time of appointment and reappointment outlining next steps, including being sworn in and completing ethics training for open meeting law and conflict of interest. In June 2024, MCSW approved a revised Policy Manual, which includes the Ethics Training Policy, and requested commissioners sign a receipt of the revised manual. Completion of these requirements is now tracked centrally within the agency’s . . . site by MCSW staff and reviewed regularly.
Auditor’s Reply
Based on its response, MCSW is taking measures to address our concerns regarding this matter. As part of our post-audit review process, we will follow up on this matter in approximately six months.
| Date published: | December 27, 2024 |
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