AG’s office announces open meeting law regulations

The Office of the Attorney General announced today that the Division of Open Government has finalized regulations implementing the revised open meeting law.

The regulations become effective immediately.

Revisions to the open meeting law, passed by the Legislature as part of the Ethics Reform Act of 2009, authorized the attorney general to issue regulations to interpret and enforce the law. Emergency regulations took effect on July 1, but they were updated following a public comment period – which included public hearings in Boston, Worcester, Springfield and New Bedford – that ended on Aug. 18.

The final regulations, filed with the secretary of state, incorporate several amendments based on comments submitted by local officials, members of public bodies, and the general public.

Significant changes to the regulations include:
• Authorizing website-only meeting postings for local, regional, district and county public bodies
• Clarifying the role of municipal clerks in the notice posting and complaint processes
• Providing explicit guidance to members of public bodies about certifying the receipt of educational materials as required by law
• Clarifying the complaint process

“The ability to use alternative posting requirements, including the municipal website, is a huge accomplishment for local government,” said Reading Town Manager Peter Hechenbleikner, who serves on the Open Meeting Law Advisory Commission.

The attorney general’s office assumed responsibility for enforcement of the open meeting law, which applies to local, regional, district, county and state public bodies, on July 1. Prior to July 1, the state’s district attorneys enforced the law as it pertains to local, regional, district and county public bodies.

“The purpose of the new regulations is to promote uniform interpretation and ensure greater transparency and clarity of the open meeting law,” Attorney General Martha Coakley said. “These regulations … [fill] in procedural and substantive gaps and provid[e] further guidance to the members of public bodies who must comply with the law.”

Assistant Attorney General Britte McBride is the director of the Division of Open Government.

• Download the final open meeting law regulations (44K PDF)
• Link to the Division of Open Government’s open meeting law website