HOUSE DOCKET, NO. 3531        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2775

The Commonwealth of Massachusetts

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PRESENTED BY:

Peter V. Kocot

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act updating the open meeting law.

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PETITION OF:

HOUSE DOCKET, NO. 3531        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2775

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act updating the open meeting law.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 18 of Chapter 30A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking subsection (e) and inserting in place thereof the following:-

(e) A session of a town meeting convened under section 10 of chapter 39 which may include the attendance and deliberation on matters being considered by town meeting by a quorum of a public body at any such session.

SECTION 2. Paragraph 5 of subsection (b) of section 21 of said Chapter 30A, as so appearing, is hereby amended by striking the figure “23” in line 82 and inserting in place thereof the following figure:- “22”

SECTION 3.  Section 18 of the Chapter 30A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following definition:-

“Exempt volunteer body,” a public body appointed by a municipal public body that receives no compensation for said service, that only has jurisdiction to report, advise or recommend action to other public bodies or municipal officials and that has been granted an exemption from the open meeting law by a majority vote of the appointing authority.  This shall include groups that act in a strictly advisory capacity, search committees and screening committees.

and said Section 18 of Chapter 30A of the General Laws is hereby further amended by striking the definition of “public body” and replacing with the following:-

“Public body”, a multiple-member board, commission, committee or subcommittee within the executive or legislative branch or within any county, district, city, region or town, however created, elected, appointed or otherwise constituted, established to serve a public purpose; provided, however, that the governing board of a local housing, redevelopment or other similar authority shall be deemed a local public body; provided, further, that the governing board or body of any other authority established by the general court to serve a public purpose in the commonwealth or any part thereof shall be deemed a state public body; provided, further, that “public body” shall not include the general court or the committees or recess commissions thereof, bodies of the judicial branch, exempt volunteer bodies or bodies appointed by a constitutional officer solely for the purpose of advising a constitutional officer and shall not include the board of bank incorporation or the policyholders protective board; and provided further, that a subcommittee shall include any multiple-member body created to advise or make recommendations to a public body.

SECTION 4. Section 18 of Chapter 30A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding to the definition of “minutes”, the following:-

“The requirement for a written record may be satisfied by maintaining an audio or video of the meeting prepared by an employee or agent of the municipality, along with the meeting notice and agenda, certified by the Chair, Vice-Chair or Clerk of the public body or the designee of the public body.  Nothing shall prevent however a public body from having written minutes or certifying portions of written minutes based on the audio or video recording.”

SECTION 5. Section 21A of Chapter 30A of the General Laws, is hereby amended by adding after subsection (10) the following subsections:-

(11) To meet with an attorney to discuss matters covered by the attorney client privilege.

(12)  To engage in strategy relative to and to conduct non-labor-related contract or license negotiations.

(13)  To engage in negotiation sessions with public or private parties.

(14)   To negotiate real estate development agreements.

(15) To conduct periodic performance evaluations of managerial personnel within the public body’s jurisdiction based on written evaluation

SECTION 6.  Section 5A of Chapter 66 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding:-

“The requirement for a record may be satisfied by maintaining an audio or video of the meeting prepared by an employee or agent of the municipality, along with the meeting notice and agenda, certified by the Chair, Vice-Chair or Clerk of the public body or the designee of the public body.  Nothing shall prevent however a public body from having written minutes or certifying portions of written minutes based on the audio or video recording.”