Massachusetts law about open meetings

COVID-19

Updated guidance on holding meetings during the COVID-19 state of emergency,  Mass. Attorney General, June 16, 2021 

Governor's Order suspending certain provisions of the Open Meeting law, G.L. c.30A, § 20, March 12, 2020. 

St.2021, c.20, § 20 An act relative to extending certain COVID-19 measures adopted during the state of emergency

 

Best bet

The Open Meeting Law, Mass. Attorney General
The starting place for the large collection of resources from the attorney general, including the law, regulations, documents, complaint form and more.

Massachusetts laws

MGL c.30A, s.18-25. Mass. Open Meeting Law

Massachusetts regulations

940 CMR 29 Open Meeting Law Regulations

Forms

Open Meeting Law Complaint Form, Mass. Attorney General

Selected case law

Boelter v.  Wayland, 479 Mass. 233 (2018) 
"A town's board of selectmen (board) violated the open meeting law, G. L. c. 30A, § 20 (a), in its performance review of the town administrator, where individual and composite evaluations of the town administrator that the board's chair circulated to board members via electronic mail prior to the meeting expressed the opinions of a majority of board members to a quorum in advance of the public meeting, in effect constituting a deliberation or meeting to which the public did not have access."

District Attorney for the Northern District v. Wayland School Committee, 455 Mass. 561 (2009)
"Prior to conducting an open meeting, the school committee commenced a private e-mail exchange in order to deliberate the superintendent's professional competence. This violated the letter and spirit of the open meeting law. Governmental bodies may not circumvent the requirements of the open meeting law by conducting deliberations via private messages, whether electronically, in person, over the telephone, or in any other form."

District Attorney for the Plymouth District v. Board of Selectmen of Middleborough, 395 Mass. 629 (1985)
The Board could not hold executive sessions for purposes other than those enumerated in MGL chapter 39, sec. 29B.

Three Registered Voters v. Lynnfield Board of Selectmen, 90 Mass. App. Ct. 15 (2016)
"Discussion of the new provisions of the open meeting law, G. L. c. 30A, §§ 18-25"

Web sources

Open Meeting Law educational materials, Mass. Attorney General
Detailed coverage of every aspect of the open meeting law. Also has Public body checklists, which includes entering into executive session, posting a meeting notice, and creating & approving minutes of meetings

Newsgathering in Massachusetts, Berkman Center for Internet and Society, Harvard Law School, May 2013
Covers open meetings, public records law, access to courts and court records, recording public officials and more, with extensive footnotes to primary law sources.

Open Meeting Law video training, Mass. Attorney General
"The videos below, created by the Attorney General's Division of Open Government, are a resource for members of the public and public bodies who want to learn about the open meeting law. The presentation is divided up into six videos, and is current as of March 2018. You may view the six videos in succession to cover the entire presentation, or you may select specific videos on topics of interest."

Print sources

Massachusetts municipal law, MCLE, ch. 26 Open Meeting Law  

Massachusetts practice, vol. 18 (municipal law) West Group, with supplement, chapter 8

Massachusetts practice vol. 39 (administrative law and practice) West Pub. Co., with supplement, chapters 16 and 18

Public records and open meeting law, MCLE, 2017.

Last updated:	July 1, 2021