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For Committee Members: Public Hearings and Executive Sessions

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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