Massachusetts Public Library Trustees Handbook 

Massachusetts General Laws Chapter 39 covers open meetings of governmental bodies, executive sessions, and exceptions. You may wish to contact the Massachusetts Office of the Attorney General at (617) 727-2200 or your local District Attorney's office for more information regarding open meetings or to request a booklet on the open meeting law.

The following statement regarding the purpose of the Open Meeting Law is adapted from the Attorney General's website at http://www.magnet.state.ma.us/ag

The Attorney General enforces the Open Meeting Law. The purpose of the Open Meeting Law is to eliminate much of the secrecy surrounding the deliberations and decisions on which public policy is based. The means by which secrecy is eliminated, of course, is by requiring most meetings of governmental bodies to be held in public. The requirements of the Open Meeting Law grow out of the idea that the democratic process depends on the public having knowledge about the considerations underlying governmental action, for without that knowledge, people are not able to judge the merits of actions taken by their representatives. The Legislature has recognized, however, that public officials might be "unduly hampered" if every discussion among public officials was required to be open. As a result, the Open Meeting Law provides for particular circumstances under which a meeting may be held in executive, or closed, session.

For information on the open meeting law for cities and towns, or to report a violation of that law by a city or town, please contact your local District Attorney's Office.

Library board meeting notices must be posted in advance and open to the public and news media. Never forget that the library serves the whole community and the trustees govern on behalf of the citizens. Public awareness of library operation, plans and problems can be very beneficial. Give visitors a warm welcome! Minutes for all meetings must be recorded and open for public inspection.

It is important to note that committees appointed by the board for the purpose of conducting library business are also subject to Open Meeting Law.

Exceptions to Open Meetings: If the board enters into an executive or closed session, no formal action should be taken during the session. All decisions must be formally adopted in an open board meeting to be legally binding.

Boards call Closed (Executive Session) Meetings to handle unusual situations or problems such as those listed below:

Discussion of the reputation, character, physical condition or mental health rather than the professional competence of an individual, without restricting the individual's right to be present, have counsel present or speak on his or her own behalf if requested.

Consideration of the discipline or dismissal of, or complaints or charges brought against a public officer, employee, staff member or individual, without restricting the person's right to be present, have counsel present or speak on his or her own behalf if requested.

Discussion of strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the governmental body, and to conduct collective bargaining sessions.

Discussion of the deployment of security personnel or devices.

Investigation of charges of criminal misconduct or discussion of the filing of criminal complaints.

Consideration of the purchase, exchange, lease or value of real property.

Compliance with the provisions of any general or special law or federal grant-in-aid requirements.