Other Common Issues – Multiple-member bodies remain challenged by the highly technical requirements of the OML, and the Division therefore continues to issue determinations emphasizing its interpretation of the basic requirements of the OML. The following matters may therefore be of assistance to public bodies: - Meeting notices and documents to be discussed at the meeting prepared by non-board members may be distributed in advance, provided that there is no sharing of opinions between a quorum of the members. OML 2015-54 - Meeting minutes, including executive session minutes, must contain sufficient detail regarding the discussion so that a member of the public not in attendance can understand what was discussed. OML 2015-49 - A meeting notice must contain the date and time of the meeting and also a record of the date and time that it was posted. OML 2015-90 - If a meeting notice is updated, the notice must include the time and date the updated notice was posted and indicate the portion of the notice that is “new.” OML 2015-43 - The attorney-client privilege does not provide an independent basis for an executive session; a board may meet privately with legal counsel, but only in accordance with one of the ten executive session purposes in G.L. c.30A, §21. OML 2015-120 - The board chair is required to notify the public that a meeting is being recorded, whether by a verbal announcement or a sign on the door to the meeting room. OML 2015-147 .

I seem to remember a member of the Templeton Board of Selectmen (current) reply when asked about this, that it does not matter how things were done in the past. Well, I guess it matters after all and perhaps the BOS needs a reminder, especially if they attended the Massachusetts Municipal Association meeting this past January.

The above is from the website MMA and K&P law and were topics covered at the last MMA conference.

Jeff Bennett