[Section impacted by 2020, 53, Sec. 17, as amended by 2020, 201, Secs. 33 to 38 effective November 10, 2020, and 2021, 20, Secs. 20, 27 and 31 as amended by 2021, 29, Sec. 57 and 2022, 22, Secs. 8 to 10 effective June 16, 2021 in order to address disruptions caused by the outbreak of COVID-19.]
Section 20. (a) Except as provided in section 21, all meetings of a public body shall be open to the public.
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of the meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.
(c) For meetings of a local public body, notice shall be filed with the municipal clerk and posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk's office is located.
For meetings of a regional or district public body, notice shall be filed and posted in each city or town within the region or district in the manner prescribed for local public bodies. For meetings of a regional school district, the secretary of the regional school district committee shall be considered to be its clerk and shall file notice with the clerk of each city or town within the district and shall post the notice in the manner prescribed for local public bodies. For meetings of a county public body, notice shall be filed in the office of the county commissioners and a copy of the notice shall be publicly posted in a manner conspicuously visible to the public at all hours in the places as the county commissioners shall designate for the purpose.
For meetings of a state public body, notice shall be filed with the attorney general by posting on a website under the procedures established for this purpose and a duplicate copy of the notice shall be filed with the regulations division in the state secretary's office.
The attorney general may prescribe or approve alternative methods of notice where the attorney general determines the alternative methods will afford more effective notice to the public.
(d) The attorney general may, by regulation or letter ruling, authorize remote participation by members of a public body not present at the meeting location; provided, however, that the absent members and all persons present at the meeting location are clearly audible to each other; and provided further, that a quorum of the body, including the chair, are present at the meeting location. The authorized members may vote and shall not be deemed absent for the purposes of section 23D of chapter 39.
(e) A local commission on disability may by majority vote of the commissioners at a regular meeting authorize remote participation applicable to a specific meeting or generally to all of the commission's meetings. If a local commission on disability is authorized to utilize remote participation, a physical quorum of that commission's members shall not be required to be present at the meeting location; provided, however, that the chair or, in the chair's absence, the person authorized to chair the meeting, shall be physically present at the meeting location. The commission shall comply with all other requirements of law.
(f) After notifying the chair of the public body, any person may make a video or audio recording of an open session of a meeting of a public body, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. At the beginning of the meeting, the chair shall inform other attendees of any recordings.
(g) No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting.
(h) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated under section 25 and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application under section 19. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title III - Laws Relating to State Officers
Chapter 30a - State Administrative Procedure
Section 1a - Department of Correction; Application of Chapter
Section 1b - Department of Youth Services; Application of Chapter
Section 1c - Parole Board; Application of Chapter
Section 1d - Criminal Record Review Board; Application of Chapter
Section 3a - Publication of Required Notices
Section 4 - Petitions for Adoption, Amendment or Repeal of Regulations
Section 5 - Regulations; Filing; Small Business Impact Statement
Section 5a - Review of Rules and Regulations Regarding Economic Impact on Small Businesses
Section 6a - Code of Massachusetts Regulations; Publication
Section 6b - Agencies to Purchase Register Issues; Public Access
Section 6c - Failure to Comply With Sec. 6b; Report
Section 6d - Expected Regulations; Publication of List
Section 6e - Failure to Comply With Sec. 6d; Report
Section 7 - Judicial Review of Regulations
Section 8 - Advisory Rulings by Agencies
Section 10 - Adjudicatory Proceedings; Appeals
Section 10a - Damage to Environment; Intervention in Adjudicatory Proceeding; Procedure
Section 11 - Adjudicatory Proceedings; Additional Requirements
Section 11b - Studies of State Boards, Commissions and Authorities; Notice to City or Town Affected
Section 11c - Hearings in Municipalities
Section 12 - Adjudicatory Proceedings; Subpoenas
Section 13 - Licenses; Revocation, etc.; Hearings; Exceptions; Student Loan Defaulters
Section 15 - Supreme Judicial Court and Appeals Court; Concurrent Jurisdiction
Section 16 - Supreme Judicial Court; Powers
Section 17 - Partial Invalidity of Chapter; Effect
Section 18 - Definitions Applicable to Secs. 18 to 25
Section 21 - Meeting of Public Body in Executive Session
Section 22 - Minutes of Meetings
Section 23 - Enforcement of Open Meeting Law; Complaints; Hearing; Civil Action
Section 24 - Investigation by Attorney General of Violations of Open Meeting Law