In recognition of “Sunshine Week,” the Division of Open Government has issued a series of checklists to assist public bodies in complying with the state’s open meeting law and has released an updated version of its Open Meeting Law Guide.

The division is also offering a series of open meeting law workshops this spring (see below).

“We will continue our efforts to educate people about the law’s requirements in order to encourage greater transparency and good governance,” said Attorney General Martha Coakley.

Coakley created the Division of Open Government upon assuming responsibility for enforcement of the open meeting law in July 2010 in order “to ensure a continued and consistent focus on the law” by educating individuals, enforcing the law, and acting as “a readily accessible resource for members of public bodies, members of the public, municipal officials, and the press.”

The Division of Open Government has created a host of publicly accessible resources intended to assist the public with understanding and complying with the open meeting law.

The new checklists, intended as educational guides, cover subjects such as entering into executive session, posting a meeting notice, and creating and approving meeting minutes. The checklists can be found at www.mass.gov/ago/government-resources/open-meeting-law/oml-checklists.html.

The updated Open Meeting Law Guide includes information about regulatory changes from the past year, as well as guidance from recent determinations made by the division in response to open meeting law complaints. The Open Meeting Law Guide can be found at www.mass.gov/ago/docs/government/oml/oml-guide.pdf.

Reading Town Manager Peter Hechenbleikner, the outgoing municipal representative on the Open Meeting Law Advisory Commission, said local officials “are sometimes challenged by the details of the open meeting law,” but they “support the philosophy behind it.”

“We thank the Division of Open Government staff for their hard work and perseverance in developing the FAQs, regulations, and other implementation tools,” Hechenbleikner said. “The division and staff keep a keen eye on the effect of the law and regulations on those who are bound by the law.”

Since July 2010, the division has responded to more than 6,000 inquiries from members of public bodies, municipal counsel, and the public, received 472 complaints, resolved 311 complaints, and issued more than 200 written determinations, which can be found at www.oml.ago.state.ma.us.

In 2012, the most frequent violations of the open meeting law were insufficiently detailed meeting notices; deliberation outside of a properly posted meeting, including email deliberation; failure to properly convene an executive session; entering into executive session for an improper purpose; and failure to provide open and executive session minutes within 10 days of request. The remedial actions most frequently ordered by the division in 2012 were immediate and future compliance with the law; creation or amendment of open or executive session minutes; release of open and executive session minutes; and attendance at training.

Attorneys and staff from the Division of Open Government will provide guidance on the open meeting law during four regional workshops this spring. Municipal officials, members of local public bodies, and members of the public are encouraged to attend the workshops, which will review recent additions to open meeting law regulations.

The division held similar trainings last fall in locations around the state.

The workshops will be held from 6 to 8 p.m. on the following dates and locations:

• March 28: Ayer Town Hall, 1 Main St.

• April 10: Arthur Clark Government Center, 119 School St., Waltham

• May 9: Pioneer Valley Planning Commission, 60 Congress St., Springfield

• May 15: John Olver Transportation Center, 12 Olive St., Greenfield

For more information and to register, email OMLTraining@state.ma.us, visit www.mass.gov/ago/openmeeting or call (617) 963-2925. To register, provide your name, community, the public body you represent, if appropriate, and the location of the workshop you will attend.

 

 

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