Following his March 10 State of Emergency declaration, Governor Baker has issued an Executive Order Suspending Parts of the Open Meeting Law (M.G.L. c. 30A, s. 20).
Importantly, the Governor’s order provides relief to public bodies from the requirement of conducting its meetings in a public place that is physically open and accessible to members of the public. The order also suspends the requirement that a quorum of the body and chair be physically present at a specified meeting location. While the Governor’s order modifies the physical location requirement, it maintains the intent of the OML by requiring boards to ensure public access to the deliberations of the public body “through adequate, alternative means.” The EO provides that this access can be provided 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.
All other provisions of the Open Meeting Law, such as the requirements regarding posting notice of meetings and creating and maintaining accurate meeting minutes, as well as the limited, enumerated purposes for holding an executive session, remain in effect.
The temporary executive order is meant to help municipalities make quick decisions during the coronavirus state of emergency while adhering to guidance and recommendations regarding social distancing.
