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For Committee Members: Meetings

Open Meeting Law

Please refer to the Open Meeting Law packet provided to every elected and appointed official by the Town Clerk.  Questions regarding the Open Meeting Law may be directed to the Town Clerk. Note that the Open Meeting Law applies to the use of social media such as Facebook and Nextdoor as well as interactions between committee members at social events.

Record Keeping

The Massachusetts Public Records Law (G.L. c. 4, §7, cl 26; G.L. c. 66, §10) provides right of access to public records, broadly defined to include documentary materials made or received by any town official or employee, except eleven specific exemptions such as personnel and medical files, proposals and bids, and appraisals of property.  All minutes, informational data, memoranda and circulating materials of any Town board or committee are usually public information.  However, some documents are not public (i.e., Assessors and Veterans Department).

Questions Concerning the Public Records Status of Documents

  • The committee should consult the Town Administrator if questions arise concerning the public records status of documents
  • The Secretary of State, Supervisor of Records, is empowered to determine the public records status of documents
  • Further information on the Public Records Law can be found at the Supervisor of Records’ website, www.sec.state.ma.us/pre/preidx.htm

Transparency

Committees should strive for transparency, posting minutes as soon as they become available, but never later than the day after they are approved. State law requires that a committee keep accurate records of its public meetings.

Documents and other exhibits, such as photographs, recordings, or maps, used by the body at an open or executive session shall, along with the minutes, be maintained as part of the official record of the session.

Quorum

  • A quorum is necessary to conduct official business
  • A quorum consists of greater than 50% of the full membership (i.e., a quorum for a six-member Committee is four; quorum for a seven-person Committee is also four, the number of vacancies notwithstanding).
  • A meeting occurs at any time a quorum of the Committee (or Sub Committee) gets together to discuss or consider any public business or policy over which the Committee has some jurisdiction or advisory power
  • Members may participate in meetings from remote locations. These members can vote and participate in discussions and their presence counts towards a quorum.,

Zoning Board of Appeals (ZBA) Exception

  • All members of a three-member panel must be present for a hearing
  • Regular quorum rules apply for ZBA administrative meetings

Recordings by the Public

  • Any member of the public has the right to make an audio or video recording of an open session of a public meeting
  • A member of the public who wishes to record a meeting must first notify the Chair and must comply with reasonable requirements regarding audio or video equipment established by the chair so as not to interfere with the meeting
  • The Chair is required to inform other attendees of such recording at the beginning of the meeting

Electronic Communication

  • All Committee members are expected to be prepared to receive meeting materials and other communication electronically.
  • If there are members who cannot access electronic copies, the Chair will make alternative provisions upon request of that Committee member.
  • Committee members should remember that no electronic communications (e-mail, text, social media, etc.) concerning Committee work should take place among members.
  • All communications concerning Committee work should occur publicly at the meetings.
  • Emails and other electronic communications are subject to the Public Record Law.

Public Hearings

Those serving on the Selectboard, Planning Board, Zoning Board of Appeals, Historical Commission, Conservation Commission, or the Board of Health occasionally will be required to hold a public hearing in accordance with Massachusetts General Laws.

Purpose

Hearings are held for the purpose of gathering information from which to draw a conclusion and reach a decision.

Legalities

Written notices, the initiation of the hearing, and the written conclusions of a hearing may have strict legal time limitations that vary with the nature of the hearing and the Board.

Common Procedures

The Chair or other designated person should:

  • Run the hearing
  • State the guidelines
  • State the time allowance, if restricted, before any testimony is given.

Questions

All questions should be directed to the chair who, in turn, may ask for a response from the floor.

Decisions

  • Decisions must be based on facts and cannot be arbitrary
  • Emotions or information not presented or explored in the hearing should not be considered

Executive Sessions

  • Deliberations and votes held in private sessions, commonly called Executive Sessions, are allowed under strict circumstances as outlined in the Open Meeting Law.
  • Executive Sessions may only be held after convening in an open public session
  • Please refer to the Open Meeting Law packet provided to every elected and appointed board, committee/commission member by the Town Clerk
  • Questions regarding the Open Meeting Law may be directed to the Town Clerk.

Committees Contemplating an Executive Session

Any Committee contemplating an executive session is advised to contact the Town Administrator’s office prior to the meeting.

Purpose

Executive Session may be held only for the purposes described in MGL c.30A, §21.

Process

  • The Committee must first convene in an Open Session for which notice has been posted
  • A majority of the members must vote, by roll call entered into the minutes, in favor of a motion to go into Executive Session
  • The motion must specify the reason and state whether the Open Session will reconvene following the Executive Session
  • All votes taken in Executive Session are recorded by roll call and become a part of the record of that session
  • Topics discussed in Executive Session are confidential. Attendees shall not discuss these matters with anyone.
  • Accurate minutes of the executive session shall be maintained and shall be released to the public only when the purpose for the Executive Session no longer exists
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