Updated state Open Meeting Law mandates changes to local board operations

October 19, 2017

Recent changes to the Massachusetts Open Meeting Law have affected Harvard boards. The most notable aspect of these changes, which went into effect Oct. 6, was to mandate that the minutes for meetings be posted within 30 days or three meetings, whichever occurs latest.

The change to the deadline for the posting of meeting minutes comes as a clarification of the previous, ambiguous wording, which simply stated that minutes must be posted “in a timely manner.” Many town boards have had to alter their procedures to come into compliance with the new standards. Others are still in the process of doing so, including the Parks and Recreation Commission and the Water and Sewer Commission.

Despite the increased workload required for boards to keep up with the updated law, the new requirements benefit the town. Town Clerk Marlene Kenney stated her support of the new law, citing the fact that it “keeps the boards and committees on the same standard” and emphasizing that regular, accessible meeting minutes are a great resource for the entire town to keep abreast of the functions of its government.

Harvard is not the only entity affected by the law’s update. Devens Enterprise Commission Director Peter Lowitt stated that Devens is in the process of moving to a fully computerized record-keeping and access system in order to comply with the new standards.

The updated Open Meeting Law also mandates that meeting agendas amended within 48 hours of the start of a meeting must show the date and time of the alteration. This change has been far less onerous, because it was already standard practice in the town despite its not previously being required by law.

The final major provision of the law’s update was to ease restrictions on remote participation in board meetings. The previous standard, which laid out five specific categories that might allow remote attendance, has been replaced by a general allowance for remote participation in cases where it would be “unreasonably difficult” to attend in person. Ideally, this change should reduce the number of absences at board meetings.

On the whole, the alterations to the Open Meeting Law have placed an onus on town boards to comply with new standards, but they are aimed at improving the function of town record keeping in the long run.

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