Introduction - Open Meeting Law

Revised 10/06/2017

History
The Massachusetts “Open Meeting Law” (under MGL 39:23A-C) was enacted in 1975 under Chapter 303 of the Acts of 1975, although its roots date back to 1958.  There have been a number of amendments to the OML since 1975, but its general provisions remain the same.   The OML is critical to the basic principal of public disclosure.   Each "public employee," whether elected or appointed, paid or not paid, must receive a copy of this law from the Town Clerk upon "qualification" to their position (i.e., at the time they are sworn to their duties).  

The purpose of the OML is to promote the public’s understanding of governmental operations by eliminating much of the secrecy that often surrounded deliberations and decisions upon which public policy was based in the past.  To accomplish this purpose, the OML requires public discussion of governmental action at a public meeting for which no less than 48-hours notice has been given (excluding Saturdays, Sundays and legal holidays).
 
There are statutory exemptions for meetings which are considered “emergency” in nature, as well as provisions for public bodies to meet in “executive session”; however all such exclusions to the public meeting forum must be in accordance with the provisions outlined in the Law. The Open Meeting Law which originally existed under MGL 39:23 A-C was replaced by MGL 30A:18-25 on July 1, 2010, when the provisions of Chapter 28 of the Acts of 2009 took effect.

Chapter 28 of the Acts of 2009
OML Sections Effective July 1, 2010

The “Ethics Reform Bill” which was passed by the Legislature under Chapter 28 of the Acts of 2009, included sections pertaining to the Open Meeting Law which were effective on July 1, 2010.  It eliminated in its entirety the previous Open Meeting Law under MGL 39:23A-C and replaced it with the new law under MGL 30A:18-25.  

In addition, implementation and enforcement of this new law (formerly under the jurisdiction of the various county District Attorney’s Offices), was transferred entirely to the State Attorney General’s Office under a new "Division of Local Government" also effective July 1, 2010.

The 2010 revised law required many changes to the operation of all public bodies, boards and committees.  Guidance in the form of “procedural and substantive regulations ... to fill in any gaps in the OML and respond to issues that may arise” were also promulgated under 940 CMR 29.00 at that time.

Revisions to the OML Regulations Effective October 6, 2017
Following a regulatory review process, the Attorney General has issued NEW Open Meeting Law Regulations  (940 CMR 29.00 - 29.11)  in an effort to help members of public bodies and the public better understand the Open Meeting Law, as well as to update the regulations to conform with guidance issued by the Attorney General.  [See also the updated "Open Meeting Law Guide"].  There were no changes to the actual Open Meeting Law under MGL 30A: 18-25, only to the Regulations and the Guide at this time.

Please refer back to the index page for additional information.