Overview
For 16 of its 30 commissioners, the Massachusetts Commission on the Status of Women (MCSW) did not have Certificates of Receipt of Open Meeting Law Materials signed within two weeks of the commissioners’ qualifying for office. During the audit, we brought the issue to the attention of MCSW officials, and the 12 of the 16 commissioners in question who were still active signed the certificates.
Without evidence that newly appointed or reappointed commissioners had received the Open Meeting Law educational materials within two weeks of qualifying for office, there was an elevated risk that board members were unaware of their responsibilities under the law.
Authoritative Guidance
Section 20(h) of Chapter 30A of the Massachusetts 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] 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]. 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.
In addition, the Attorney General’s Open Meeting Law Guide and Educational Materials states,
Within two weeks of a member’s election or appointment or the taking of the oath of office, whichever occurs later, all members of public bodies must complete the . . . Certificate of Receipt of Open Meeting Law Materials. . . .
A public body member must sign a new Certificate upon reelection or reappointment to the public body.
Reasons for Issue
MCSW did not have a policy informing newly appointed and reappointed commissioners that they were required to sign the certificate and provide it to MCSW.
Recommendation
MCSW should develop a policy informing newly appointed and reappointed commissioners that they are required to sign a Certificate of Receipt of Open Meeting Law Materials within two weeks of qualifying for office and provide a copy of the certificate to MCSW.
Auditee’s Response
The MCSW has in place a procedure for orienting new commissioners. This includes providing information regarding the Open Meeting Law and the commissioner's responsibility to sign a certificate of receipt. Given findings from the auditors the Commission has begun to formally record the issuance and receipt of the documents in a central location. In addition, the Commission is in the process of developing a formal policy informing newly appointed and reappointed commissioners that they are required to sign a Certificate of Receipt of Open Meeting Law Materials within two weeks of qualifying for office and provide a copy of the certificate to the MCSW.
| Date published: | August 27, 2020 |
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