Open Meeting Law
The online calendar at wayland.ma.us is a courtesy.
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Suggested Sample Language for Inclusion on Meeting Notices
For “hybrid” public meetings and public hearings, where the public will be allowed to access the meeting either by in person attendance or by virtual means:
Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body as well as members of the public may access this meeting in person, or via virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public body may attend remotely, with in-person attendance consisting of members of the public. The meeting may also be accessed remotely via [insert method of remote access, including login information or the contact information for someone who is available to provide that information prior to and through the meeting itself]. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by in person attendance, or by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via [insert information regarding how to access live broadcast to meeting, such YouTube, Facebook live, local cable access, etc.].
For entirely virtual public meetings, where the public will not be allowed to attend in person:
Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted via remote means. Members of the public who wish to access the meeting may do so in the following manner: [insert method of remote access, including login information or the contact information for someone who is available to provide that information prior to and through the meeting itself, and/or insert information regarding how to access live broadcast to meeting, such YouTube, Facebook live, local cable access, etc.]. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, for reasons of economic hardship and despite best efforts, we will post on the ______________ website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting.
For enitrely virtual public meetings including public hearings, where the public will not be allowed to attend in person:
Pursuant to Chapter 20 of the Acts of 2021, this meeting/public hearing will be conducted via remote means. Members of the public who wish to access the meeting may do so in the following manner: [insert method of remote access, including login information or the contact information for someone who is available to provide that information prior to and through the meeting itself]. No in-person attendance of members of the public will be permitted, and public participation in any public hearing conducted during this meeting shall be by remote means only.
Optional additional sentence, applicable for all of the above suggested statements:
Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting/hearing can be found on the _____________________ website at _______________.
Open Meeting Law links:
- Open Meeting Law Guide
- New Open Meeting Law Regulations (Clean Version)
- OML Ch. 30A, Sec. 18-25
- Certificate of Receipt Open Meeting Law (One must be signed for each board or committee)
- List of Open Meeting Law Determinations
AGENDAS & POSTING OF MEETINGS
Meeting Agendas Must Contain the Following Information:
- Name of the Committee, Commission or Board
- Date, Day of Week and Starting Time of Meeting
- Address/Location of Meeting
- Name of Building & Room
Body of Agenda:
- List of Topics the Chair reasonably anticipates will be discussed
- these must be sufficiently specific so the public will be advised on the issues that will be discussed and/or voted on at the meeting
- "Old Business" and "New Business" may be listed on the agenda.
- This is NOT for an item to be voted on or may be controversial. It simply allows for conversation on old or new items not specifically listed on the agenda.
- Agendas may include an item to inform the public that certain matters may be discussed that arise after the meeting notice was posted.
- Such an item may be listed as: “Other – Topics not reasonably anticipated 48 hours in advance of the meeting.”
Topics Not on a Posted Agenda:
If a discussion topic is proposed after a meeting notice is posted, and it was not reasonably anticipated by the chair more than 48 hours before the meeting, the public body should update its posting to provide the public with as much notice as possible of what subjects will be discussed during the meeting. Although a public body may consider a topic that was not listed in the meeting notice if it was not anticipated, the Attorney General strongly encourages public bodies to postpone discussion and action on topics that are controversial or may be of particular interest to the public if the topic was not listed in the meeting notice.
Sending an Agenda to the Office of the Town Clerk
Due to the fact the town's website is the official location for meeting notices, it is required that all meeting notices be emailed to townclerk@wayland.ma.us, preferably in a word document. When the notice is posted to the calendar, the system automatically shows the date and time the meeting was posted to the website calendar.
- Send agendas to the dedicated email account townclerk@wayland.ma.us DO NOT send agendas to any specific staff person in the Town Clerk's Office. Staff members in the Clerk's Office and Town Manager's Office has access to this email account and your posting will be processed regardless of the individual work schedules, unscheduled absences or vacations.
- If you are sending an agenda very close to the 48 hour notice, please call the Town Clerk's Office at 508-358-3630 to alert them one will be emailed. Once the agenda has been received, it may take 15-30 minutes for the agenda to be posted. Once posted, an email will be sent from the Town Clerk's Office to confirm the meeting has been posted. If you do not receive an email, it is likely the notice was not received by the Town Clerk's Office.
- In order to ensure a meeting notice is posted in accordance with the Open Meeting Law, notices should be sent no later than 30 minutes prior to the closing of the Town Clerk's office.
Where to post
In Wayland, the Clerk’s Office must process and post each meeting to the Town's calendar located on the website. The original is date stamped, and filed within the Town Clerks' Office. A copy of the date stamped agenda/notice can be found in a binder located in the Town Hall Vestibule (available 24/7) at 41 Cochituate Road
When to post
What are the requirements for posting notice of meetings?
Except in cases of emergency, a public body must provide the public with notice of its meeting 48 hours in advance, excluding Saturdays, Sundays, and legal holidays. Notice of emergency meetings must be posted as soon as reasonably possible prior to the meeting. Also note that other laws, such as those governing procedures for public hearings, may require additional notice.
Emergency is defined in Massachusetts General Laws chapter 30A, section 18 and the Code of Massachusetts Regulations 940 CMR 29.02 governing Opening Meeting Law: 'Emergency'', a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
Any meetings posted within 48 hours of a meeting date will NOT be in compliance with the Open Meeting Law and the body should NOT meet. The Town Clerk’s Office may contact the requesting body, and reserve the right to post the meeting clearly marked as NOT in compliance with Open Meeting Law.
*The Town Clerk recommends that you submit Meeting Postings & Agendas to Town Clerks office within 30 minutes prior to closing to ensure compliance.
In order to process the posting on the day received, the Clerk’s Office must receive the request by:
Town Building Hours:
- Mondays, 8:00 a.m to 7:00 p.m. Submit by 6:30 p.m.
- Tuesdays- Thursdays, 8:00 a.m. to 4:00 p.m. Submit by 3:30 p.m.
- Fridays 8:00 a.m. to 12:30 p.m. Submit by 12:00 noon
Note: The Town Clerks Office will check the email inbox one half hour prior to the office closing each business day. In spite of this, the responsibility of ensuring the Town Clerks Office has received a posting falls on the party posting the meeting, and NOT the Town Clerk's Office.
Verifying an Agenda has been Posted
An email from the Town Clerk's office will be sent to confirm the meeting has been posted to the Town's website calendar. You can also check the online meeting calendar at www.wayland.ma.us to see if the meeting is listed, since the online calendar is the official posting locaiton.
Helpful Reference Tool for the Deadline to Post a Meeting Agenda
MEETING DAY & TIME | DEADLINE Technical 48h / with *Clerk Office Deadline | POST DEADLINE WHEN MONDAY IS A HOLIDAY |
---|---|---|
Monday 8:00 am | Thursday 8:00 am, *to Clerk by Wednesday 3:30 pm | -- |
Monday 8:30 am | Thursday 8:30 am | -- |
Monday 7:00 pm | Thursday 7:00 pm, * to Clerk by Thursday 3:30 pm | -- |
Tuesday 8:00 am | Friday 8:00 am, * to Clerk by Thursday 3:30 pm | Thursday 8:00 am, * to Clerk by Wednesday 3:30 pm |
Tuesday 8:30 am | Friday 8:30 am | Thursday 8:30 am |
Tuesday 7:00 pm | Friday 7:00 pm, * to Clerk by Friday 12:00 pm | Thursday 7:00 pm, * to Clerk by Thursday 3:30 pm |
Wednesday 8:00 am | Monday 8:00 am, * to Clerk by Friday 12:00 pm | Friday 8:00 am, * to Clerk by Thursday 3:30 pm |
Wednesday 8:30 am | Monday 8:30 am | Friday 8:30 am |
Wednesday 7:00 pm | Monday 7:00 pm, * to Clerk by Monday 6:30 pm | Friday 7:00 pm, * to Clerk by Friday 12:00 pm |
Thursday 8:00 am | Tuesday 8:00 am, * to Clerk by Monday 6:30 pm | Tuesday 8:00 am, * to Clerk by Friday 12:00 pm |
Thursday 8:30 am | Tuesday 8:30 am | -- |
Thursday 7:00 pm | Tuesday 7:00 pm, * to Clerk by Tuesday 3:30 pm | -- |
Friday 8:00 am | Wednesday 8:00 am, * to Clerk by Tuesday 3:30 pm | -- |
Friday 8:30 am | Wednesday 8:30 am | -- |
*The Town Clerk recommends that you submit Meeting Postings & Agendas to Town Clerks office within 30 minutes prior to closing to ensure compliance. | ||
Any Legal HOLIDAY for which Town Building is closed is NOT included in the calculation of the REQUIRED 48 hours! |
HOLIDAYS
Massachusetts Holidays: https://www.sec.state.ma.us/cis/cishol/holidx.htm
All non-essential government offices and schools are closed on State Holidays.
When a holiday falls on a Saturday, it is observed on the preceding Friday.
When a holiday falls on a Sunday, it it observed on the following Monday.
When a holiday falls on a Monday, Town Building offices are open 8:00 am - 7:00 pm on Tuesday.
New Year’s Day – January 1
Martin Luther King, Jr. Day – Third Monday in January
Washington’s Birthday – Third Monday in February
Patriots’ Day – Third Monday in April
Memorial Day – Last Monday in May
Independence Day – July 4
Labor Day – First Monday in September
Columbus Day – Second Monday in October
Veterans’ Day – November 11
Thanksgiving Day – the fourth Thursday in November
Christmas Day – December 25
Revising a Meeting Agenda within 48 hours of Posting:
If a posting notice or agenda is revised, the revised notice must also conspicuously record both the date and time the original notice was posted as well as the date and time the last revision was posted. It is helpful if you highlight the revisions.
Sample Captions of Original Agenda Posting & Revised Agenda Posting Language
Original Posting: Board of Selectmen
Monday, November 25, 2019
6:00 p.m.
Wayland Town Building
Selectmen's Meeting Room
41 Cochituate Road, Wayland, MA 01778
(Town Clerk date/time stamp of posting: November 21, 2019 at 2:24 pm)
Revised Agenda Posting:
REVISED
(Revision of Agenda originally posted on November 21, 2019 at 2:24 pm)
Board of Selectmen
Monday, November 25, 2019
6:00 p.m.
Wayland Town Building
Selectmen's Meeting Room
41 Cochituate Road, Wayland, MA 01778
Note: The Town Clerks Office will date/time stamp the Revised Agenda. Be sure to highlight REVISED (Revision of Agenda originally posted on November 21, 2019 at 2:24 p.m.) as well as the revisions made to the agenda so it is clear to the public what has changed from the original agenda.
Revising an Agenda Outside the 48 hour Requirement
If the agenda has not been posted by the Clerk, submit a new agenda. If the agenda has been posted, post the same way as an agenda is revised within the 48 hour requirement.
Meeting Cancellations
Canceling a meeting before the meeting is scheduled to start:
Should it be necessary to cancel a meeting due to inclement weather or any other reason, the Chair of the public body or assigned staff person should email the Town Clerk's Office as soon as possible so the postings (lobby meeting book) and website calendar can be updated. You can cancel a meeting by simply sending an email stating the date and time of the meeting you are canceling.
Canceling a meeting after the meeting when a quorum is not present:
The Town Clerk’s Office must be informed when a posted meeting was not held, either due to lack of a quorum or any other unforeseen reason.
The Town Clerk’s Office will be expecting Meeting Minutes for any posted meeting that is not canceled with proper notification to the Clerk’s Office.
See Open Meeting Law Guidelines. A minority of members of a public body should not “meet” in the absence of a quorum, and further, that such a group avoid discussion about any business within the jurisdiction of the public body, or any other matter.
Can You Answer the Following Questions?
Unless otherwise indicated, the following questions assume meeting notice posts are for non-emergency meetings Board and Committee meetings.
A Committee’s Saturday, October 19, 2013 meeting was posted at 9:12 a.m. on Thursday, October 17, 2013. Was the notice timely posted?
No, because Saturdays are excluded from the 48-hour posting requirement. Any Saturday meetings need to be noticed no later than the previous Wednesday.
By how many hours did the notice fall short of the required time period?
Over 9 hours. Calculation: 48 hours required minus 32 hours time meeting was posted *(Monday 12:01am to Tuesday 9:00am equals 32 hours. 48 hours - 32 hours = 9 hours.
If a public body holds a properly noticed meeting, and decides to continue the meeting until a future date, is the public body required to post another meeting notice?
Yes. The public body must treat the meeting as though it is a new meeting for the purposes of notice posting. The public body must post the meeting 48 hours in advance and post a new meeting notice.
What are the 6 Open Meeting Law requirements for posting public meeting notices?
- it is posted at least 48 hours in advance of the public meeting, excluding Saturdays, Sundays and legal holidays;
- it is displayed in a legible, easily understandable format;
- it contains the date, time and place of the meeting;
- it lists the topics that the Chair reasonably anticipates will be discussed at the meeting with sufficient specificity to advise the public of the issues the public body will discuss; and
- the date and time that the notice was posted is conspicuously recorded on the notice. (Public bodies are encouraged to coordinate with the municipal clerk, or the person designated by agreement with the municipal clerk, to ensure that meeting notices are filed sufficiently in advance of the meeting to allow the municipal clerk or the designee to post the meeting 48 hours in advance)
- the meeting is posted in the designated posting location.
What does Wayland’s Governance Guidelines for Appointed and Elected Boards and Committees (revised June 11, 2018) provide for requests of the Town Clerk to post a meeting notice (agenda)?
Agendas must be received by the Town Clerk at least 30 minutes prior to the end of the business day to be posted the same day. Agendas received after the close of the business day will not be posted until the next day. Contact the Clerk’s office if you have a late agenda.
Will posting meeting notices on the Wayland town website fulfill the meeting notice requirements of the Open Meeting Law?
No, because the website is not the designated alternate posting method for the Town, even if the notice satisfies all the other requirements of the Open Meeting Law.
If a notice is revised, must the notice record the date and time the original notice was posted as well as the date and time of the revision?
Yes. Use the time date stamped on the Town Clerk’s clock.
Is distribution of Open Meeting Law information to a public body member required if no oath is required?
Yes, before performing any official duties of the office.
What should happen if a new topic arises after a notice is posted?
Public bodies are encouraged to update the notice when made aware of a new topic within the 48-hour period before the meeting.
Do meeting cancellations require 48 hours’ notice?
No. Meetings that are continued, cancelled and/or rescheduled must comply with all notice requirements of the Open Meeting Law.
How far in advance should chairs post notices?
Chairs should not post so far in advance that there is a high likelihood that new topics will arise.
Where has Wayland adopted as the official location for posting meeting notices?
The online calendar at wayland.ma.us is the official posting location. The binder In the vestibule of the Town Building lobby, 41 Cochituate Road is accessible to the public 24 hours per day, 7 days per week.
A Board’s meeting notice in another town was posted in the Town’s official notice posting location. The Board also posted additional notice on the Board’s webpage, but what was posted was actually notice for another meeting. In 2018, what do you think the Attorney General found regarding the 48-hour notice requirement?
Because the notice was properly posted to the Town’s official notice posting location at least 48 hours before the meeting, we find no violation of the law.
A meeting notice for a 11:00 a.m. Saturday, November 20, 2010 meeting was posted on Thursday, November 18 at 10:21 a.m. The meeting was scheduled for 11:00 a.m. on Saturday, November 20th. Was the meeting notice timely posted?
No.
Is the Wayland Town Clerk responsible for ensuring that the Open Meeting Law’s requirements are met?
No, the Wayland Town Clerk administers the time stamps. Public bodies are responsible for ensuring the Open Meeting Law’s requirements are met. The Office of the Attorney General encourages public bodies to work with the Clerk to ensure all required stamps are legible.
May a public body hold a meeting on a Sunday?
While the Open Meeting Law is silent with regard to holding public meetings on Sundays, the best practice is not to hold public meetings on Sundays or holidays when access to public buildings may be limited and when the public does not normally anticipate the scheduling of a public meeting.
Are Subcommittees Required to Comply with the Open Meeting Law?
Yes. Massachusetts General Law, Chapter 30A, Section 18.
The Open Meeting Law applies only to a public body, which is defined, in relevant part, as “a multiple member board, commission, committee or subcommittee within the executive or legislative branch or within any county, district, city, region or town, however created, elected, appointed or otherwise constituted, established to serve a public purpose.” G.L. c. 30A, § 18. A “subcommittee” is defined as a multiple-member body created to advise or make recommendations to a public body.
A subcommittee, as a public body itself, is required to follow the same Open Meeting Law requirements as its parent public body including posting notice, meeting in accessible locations, and creating and maintaining minutes of all meetings. When a quorum of a subcommittee meets and discusses committee business, i.e. deliberates, it is required to post notice 48 hours prior to the meeting, and include on the notice the date, time and place of the meeting as well as a list of topics the chair reasonably anticipates will be discussed. The subcommittee must also create and approve minutes of all meetings within three meetings or 30 days, whichever occurs later.
Determining whether a public body has created a subcommittee hinges on the public body’s action and whether it intended to create a multiple-member body. We have found that a public body created a subcommittee where the public body sought volunteers to work together on a task and the public body then either appointed those volunteers or formally agreed to the arrangement. See OML 2018-23; OML 2016-79. However, we have found that a public body did not create a subcommittee when the public body designated a single individual to perform a task, but then another member, on her own initiative, offered to assist the designee in carrying out a task. See OML 2017-111. Generally, a public body will not be deemed to have created a subcommittee where individuals, on their own initiative, volunteer to perform a task without any formal acknowledgment by the public body. See 2016-106.
Contact for Open Meeting Division of the Office of the Attorney General
Telephone No. (617) 963-2540 Email: OpenMeeting@State.ma.us
Number of Public Meetings posted in Calendar Year 2019 (as of 12/11/19): approximately 581
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2018omlpowerpoint.pdf | 5.52 MB |