Massachusetts Open Meeting Law

Massachusetts Open Meeting Law is a state law that requires public bodies in Massachusetts to conduct their meetings in an open and transparent manner, allowing citizens of Massachusetts to attend and participate in the decision-making process. The law is designed to promote transparency in government and accountability in local government and state government agencies, such as the Massachusetts Department of Transportation and the Massachusetts State Legislature. The law is often cited alongside other open meeting laws in the United States, such as the California Brown Act and the New York Open Meetings Law, which are modeled after the Sunshine Act and the Federal Advisory Committee Act. The law has been influenced by the work of Supreme Court of the United States justices, including Louis Brandeis and William O. Douglas, who have written about the importance of government transparency in cases such as Branzburg v. Hayes and Richmond Newspapers, Inc. v. Virginia.

Introduction

The Massachusetts Open Meeting Law is a critical component of Massachusetts state law, ensuring that public bodies in Massachusetts conduct their meetings in a transparent and open manner. The law applies to all public bodies in Massachusetts, including city councils, town councils, and school committees, such as the Boston City Council and the Cambridge City Council. The law requires these bodies to provide public notice of their meetings, including the time, date, and location of the meeting, as well as the agenda for the meeting, which must be posted in a public place such as a town hall or city hall. The law also requires public bodies to keep minutes of their meetings, which must be made available to the public upon request, and to provide access to public records in accordance with the Massachusetts Public Records Law. This law is similar to the Freedom of Information Act, which was signed into law by President Lyndon B. Johnson and has been amended by Congress several times, including by the Electronic Freedom of Information Act Amendments of 1996.

History

The Massachusetts Open Meeting Law was first enacted in 1958 by the Massachusetts General Court, with the goal of promoting transparency in government and accountability in local government and state government agencies. The law was influenced by the work of reformers such as Harvard University professor Archibald Cox, who wrote about the importance of open government in his book The Warren Court: Constitutional Decision as an Instrument of Reform. The law has been amended several times since its enactment, including in 1974, when the Massachusetts General Court added provisions requiring public bodies to provide public notice of their meetings and to keep minutes of their meetings. The law has also been influenced by federal laws such as the Federal Advisory Committee Act, which was signed into law by President Richard Nixon and has been amended by Congress several times, including by the Federal Advisory Committee Act Amendments of 1997. The law is often cited alongside other open meeting laws in the United States, such as the Florida Sunshine Law and the Texas Open Meetings Act, which are modeled after the Sunshine Act and the Government in the Sunshine Act.

Provisions

The Massachusetts Open Meeting Law contains several key provisions designed to promote transparency in government and accountability in local government and state government agencies. The law requires public bodies to conduct their meetings in an open and transparent manner, allowing citizens of Massachusetts to attend and participate in the decision-making process. The law also requires public bodies to provide public notice of their meetings, including the time, date, and location of the meeting, as well as the agenda for the meeting. The law requires public bodies to keep minutes of their meetings, which must be made available to the public upon request, and to provide access to public records in accordance with the Massachusetts Public Records Law. The law is enforced by the Massachusetts Attorney General, who is responsible for investigating complaints and enforcing the law, and by the Massachusetts Supreme Judicial Court, which has jurisdiction over cases involving the law. The law is similar to the New Jersey Open Public Meetings Act, which was signed into law by Governor of New Jersey Brendan Byrne and has been amended by the New Jersey Legislature several times.

Exemptions

The Massachusetts Open Meeting Law contains several exemptions, which allow public bodies to conduct certain meetings in private. The law exempts meetings of public bodies that are convened to discuss personnel matters, such as the hiring or firing of employees, or to discuss collective bargaining agreements. The law also exempts meetings of public bodies that are convened to discuss litigation or potential litigation, such as meetings to discuss lawsuits or settlements. The law requires public bodies to provide public notice of any meetings that are exempt from the law, and to keep minutes of any meetings that are exempt from the law. The exemptions are similar to those found in the Illinois Open Meetings Act, which was signed into law by Governor of Illinois James R. Thompson and has been amended by the Illinois General Assembly several times. The law is also similar to the Ohio Open Meetings Act, which was signed into law by Governor of Ohio John Kasich and has been amended by the Ohio General Assembly several times.

Enforcement

The Massachusetts Open Meeting Law is enforced by the Massachusetts Attorney General, who is responsible for investigating complaints and enforcing the law. The Attorney General may issue civil penalties to public bodies that violate the law, and may also bring lawsuits against public bodies that fail to comply with the law. The law also provides for private enforcement, allowing citizens of Massachusetts to bring lawsuits against public bodies that violate the law. The Massachusetts Supreme Judicial Court has jurisdiction over cases involving the law, and has issued several important decisions interpreting the law, including District Attorney for the Norfolk District v. Flatley and Beacon Hill Architectural Commission v. Architectural Barriers Board. The law is similar to the Colorado Open Meetings Law, which is enforced by the Colorado Attorney General and has been amended by the Colorado General Assembly several times.

Amendments

The Massachusetts Open Meeting Law has been amended several times since its enactment in 1958. The law was amended in 1974 to require public bodies to provide public notice of their meetings and to keep minutes of their meetings. The law was amended again in 2009 to require public bodies to post their meetings on a website, and to provide access to public records in accordance with the Massachusetts Public Records Law. The law has also been influenced by federal laws such as the Electronic Freedom of Information Act Amendments of 1996, which was signed into law by President Bill Clinton and has been amended by Congress several times. The law is similar to the Michigan Open Meetings Act, which was signed into law by Governor of Michigan William Milliken and has been amended by the Michigan Legislature several times. The law is also similar to the Georgia Open Meetings Act, which was signed into law by Governor of Georgia Jimmy Carter and has been amended by the Georgia General Assembly several times. Category:Massachusetts state laws