Open Meeting Law

The online calendar at wayland.ma.us is a courtesy.

Updated guidance on holding meetings pursuant to the Act Extending Certain COVID-19 Measures

Guidance Update – February 18, 2022
 

On February 15, 2022, Governor Baker signed into law a new session law extending certain COVID-19 related measures. The new law, Chapter 22 of the Acts of 2022, includes an extension until July 15, 2022, of the remote meeting provisions of the Governor’s March 12, 2020, Executive Order Suspending Certain Provisions of the Open Meeting Law. The new law has two major parts.

First, the new law allows public bodies to continue providing live “adequate, alternative means” of public access to the deliberations of the public body, instead of holding meetings in a public place that is open and physically accessible to the public. “Adequate, alternative means” may include, without limitation, providing public access through telephone, internet, or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the public body in real time.

Second, the new law authorizes all members of a public body to continue participating in meetings remotely; the Open Meeting Law’s requirement that a quorum of the body and the chair be physically present at the meeting location remains suspended.
 

What means of access will be considered “adequate, alternative means?

“Adequate, alternative means” may include, without limitation, providing public access through telephone, internet, or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the public body as they are occurring (i.e., “live” or “in real time”).  The methods listed in the executive order and here are non-exhaustive, and we recognize that there are myriad methods that will be acceptable.  “Adequate, alternative means” could include Zoom, a high-capacity telephone conference line, Facebook Live, YouTube Live, and broadcasting on live TV, including local cable access television.  The brief delay of approximately 20 seconds when Zoom meetings are streamed to Facebook or YouTube Live is acceptable.

May a public body post a recording or transcript of the meeting afterwards, instead of providing access to the meeting as it is occurring?

The executive order provides that a municipal public body that, for reasons of economic hardship and despite best efforts, is unable to provide alternative means of public access that will enable the public to follow the proceedings in real time, may instead post a full and complete transcript, recording, or other comprehensive record on its website as soon as practicable after the meeting.  In light of the various free and low-cost technologies that could be used to provide the public with real time access, the Division of Open Government strongly recommends that a municipal public body consult with our office before determining that it is unable to provide the public with real time access to a meeting.
 

May public body members meet in person while requiring the general public to follow the proceedings remotely?

Yes. Section (1) of the executive order allowing public access through adequate, alternative means is independent from Section (2), which allows members of the public body to participate remotely. The public body may conduct its proceedings under the relief provided in section (1) or (2) or both.

If a public body will provide access to its meeting through “adequate, alternative means,” what information must be included on the meeting notice?

Public bodies must continue to post notice of every meeting at least 48 hours in advance of the meeting, not including weekends or state holidays, using the official notice posting method (physical notice or website), even if the clerk’s office is closed.  The notice must include the “location” of the meeting.  If access to the meeting will be provided through “adequate, alternative means,” the meeting notice must include clear instructions for accessing the meeting remotely. A public body may require members of the public to call to obtain access information for the meeting, rather than including such information on the public meeting notice, to minimize Zoom-bombing and similar disruptions.  In such situations, the meeting notice must include clear contact information, and members of the public must be able to obtain the meeting access information up to and throughout the duration of the meeting (members of the public cannot be required to register in advance).
 

What other requirements apply to remote meetings?

The Open Meeting Law regulations governing remote participation, 940 CMR 29.10, remain in effect, except where the Governor’s executive order specifically suspends certain requirements.  In particular, when any—or all—public body members participate in a meeting remotely, the following requirements apply:

At the start of the meeting, the chair must announce the name of the member or members who are participating remotely; such information must also be recorded in the meeting minutes.

All votes must be taken by roll call.

Members of the public body must be clearly audible to each other and to members of the public at all times.

When holding an executive session remotely, the public body must still take all required procedural steps for entering into executive session in open session. At the beginning of the executive session, each public body member participating remotely must state that no other person is present or able to hear the discussion at the remote location, unless the public body has approved the presence of that individual.

Should the public body encounter technical problems while meeting remotely, the person chairing the meeting may decide how to address the technical difficulties, but is encouraged wherever possible to suspend discussion while reasonable efforts are made to correct any problem that interferes with a remote participant's ability to hear or be heard clearly. If technical difficulties result in a remote participant being disconnected from the meeting, that fact and the time at which the disconnection occurred must be noted in the meeting minutes.
 

What about public comment, public participation, and public hearings?

The Open Meeting Law does not require that public bodies allow public comment or public participation during meetings -- to the contrary, the Open Meeting Law specifies that nobody shall address the public body without permission of the chair. However, the Attorney General encourages public bodies to allow public comment and/or public participation when feasible.    Because the Open Meeting Law does not require that public bodies allow for public comment or public participation during meetings at all, the manner that public bodies may choose to accept comment or questions is outside the scope of the Open Meeting Law.  Public hearings, on the other hand, are governed by separate laws that impose additional requirements, and may require opportunity for public comment or testimony.  Those requirements are outside the scope of the Open Meeting Law and therefore do not fall within the Division of Open Government’s jurisdiction.  Public bodies and members of the public should consult with legal counsel for guidance on the requirements for public hearings.



As of June 16, 2021

 

On June 16, 2021, the Governor has signed the Bill (Chapter 20 of the Act of 2021, Senate No. 2475) which allows town councils, state boards, and other bodies to continue to hold remote public meetings, which many have continued to do as millions of people have become vaccinated, until April 1, 2022.

 

What does this mean for Board and Committee meetings in Wayland?  The Board of Selectment voted on June 14,  2021 that Boards and Committees can opt to hold meetings one of the following ways:

 

Every Member Present at Physical Meeting Location – Every member of the public body will be physically present for the meeting and the public will be allowed to attend in person.  The meetings will be streamed and recorded on WayCam. If public comment is allowed by the chair, it will come in-person. 

 

Hybrid Meeting – Any number of members will be physically present, while others will be allowed to participate remotely by teleconference, audioconference, or Zoom.  The public will be allowed to attend in person or watch the meeting via a Zoom link.  In addition, the meetings will be streamed and recorded on WayCAM.  Chairs will decide whether public comment will be allowed during their meeting and whether it will be allowed in-person, remotely, or both.  

 

Entirely Virtual Meeting – all members of the public body will be remote.  No physical location of the meeting will be held.  The public will be allowed to watch the meeting via a zoom link.  In addition, the meetings will be steamed and recorded on WayCAM.  If public comment is allowed by the Chair, it will come remotely through Zoom.  

 

As of June 15, 2021

Guidance Update – June 15, 2021

The State of Emergency has ended, and the March 12, 2020, Executive Order Suspending Certain Provisions of the Open Meeting Law, which has allowed public bodies to meet remotely and to provide the public with “adequate alternative access” to meetings, terminated at 12:01 this morning. The Legislature is actively considering bills that would extend most or all of the provisions from the Executive Order regarding remote meetings. Unless and until such legislation is enacted, public bodies must hold meetings with at least a quorum of the public body members physically present at a meeting location which is open and accessible to the public. The Attorney General encourages public bodies to also provide the public with an option to view meetings remotely. Public bodies are reminded that notice of all meetings must be posted at least 48 hours in advance, not including weekends and holidays, and the meeting notice must clearly specify the location where the public may access the meeting.

The Open Meeting Law Division of the Secretary of the Commonwelath will post updated guidance as soon as there are updates that affect the Open Meeting Law.

 

As of March 12, 2020

Temporary Modifications to the Opening Meeting Law's Requirements

 

On March 12, 2020, the Governor issued an Executive Order Suspending Certain Provisions of the Open Meeting Law.  The Executive Order makes two primary changes to the Open Meeting Law.  First, the Order relieves public bodies from the requirement in the Open Meeting Law that meetings be conducted in a public place that is open and physically accessible to the public, provided that the public body makes provision to ensure public access to the deliberations of the public body through adequate, alternative means. Second, all members of a public body may participate in a meeting remotely; the requirement that a quorum of a public body be physically present at the meeting location is suspended.

 

The Division of Open Government reminds public bodies that all other provisions of the the Open Meeting Law and regulations remain in effect.  For example, notice of all meetings of public bodies must be posted at least 48 hours in advance of the meeting, not including Saturdays, Sundays, and legal holidays.  In lieu of a meeting "location," the meeting notice must included specific information on how the public may access a meeting that is being held remotely.  In addition, the standards for holding an emergency meeting, for which notice of a meeting may be posted less than 48 hours in advance, have not changed.  An "emergency" is defined in the Open Meeting Law as “a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.” The existence of a declared state of emergency at either the state or local level does not automatically entitle public bodies to hold "emergency" meetings.  A public body seeking to hold an emergency meeting must be able to demonstrate not only the existence of a sudden, generally unexpected occurrence or set of circumstances, but also that the specific matters to be discussed could not wait long enough to post notice 48 hours in advance.  

 

With regard to remote participation by public body members, the Executive Order expressly authorizes all members of a public body to participate in a meeting remotely; therefore, during the time that the Executive Order remains in effect, public bodies need not vote to "adopt" the practice of remote participation before they may begin holding meetings with all public body members participating remotely.  However, we remind public bodies that all other procedural requirements for remote participation remain in effect, as set forth in the Attorney General's regulations.  See 940 CMR 29.10.  For example, all members of a public body participating remotely must be clearly audible to each other; text or online chat is not an acceptable method of remote participation.  If a public body member is disconnected from the meeting, that fact and the time the disconnection occurred shall be noted in the meeting minutes.  At the beginning of the meeting, the public body chair must identify all public body members participating remotely, and all votes taken during the meeting must be conducted by roll call vote.  In addition, at the start of any executive session, each public body member must state that no other person is present and/or able to hear the discussion at the remote location, unless the public body has voted to approve that person's presence.

 

Now, more than ever, it is critical that public bodies carry out their business as transparently as possible, and in accordance with the Open Meeting Law.  As always, the Division of Open Government's legal staff is available to provide guidance on the requirements of the Open Meeting Law.  Please contact us at (617) 963-2540 or OpenMeeting@state.ma.us.

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:


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 & TIMEDEADLINE
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 amThursday 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 amFriday 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 amMonday 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 amTuesday 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 amWednesday 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?

  1.  it is posted at least 48 hours in advance of the public meeting, excluding    Saturdays, Sundays and legal holidays;
  2.  it is displayed in a legible, easily understandable format;
  3.  it contains the date, time and place of the meeting;
  4. 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
  5. 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)
  6. 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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