by eila in Announcements, Beat Reporter, Civic Action, Civil and Human Rights, Investigative Reports, Politics, Press Release, Special
Posted on April 19, 2010 at 9:16 pm
Last Modified on July 5, 2010 at 9:26 pm
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news from the MA AG’s office:
Open Meeting Law Changes – Request for Comment
The Open Meeting Law was recently revised as part of the 2009 Ethics Reform Bill, and will centralize responsibility for state-wide enforcement of the law in the Office of the Attorney General. The effective date of the revised law is July 1, 2010. Historically, the Attorney General has enforced the Open Meeting Law applicable to state governmental bodies. Local District Attorney’s Office‘s were responsible for enforcement of the laws relative to cities, towns, and counties.
Among the changes that become effective July 1, 2010, the Open Meeting Law, G.L. c. 30A, § 19(c), will require that, for local public bodies, “notice of public meetings must 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.” The law does not specify the ways in which cities and towns can satisfy this requirement, but an outdoor, weather-proof bulletin board would seem the most obvious means. Concerned about their practical ability to post numerous meeting notices outdoors, many municipalities have requested that the Attorney General approve alternative notice posting methods as allowed by the Open Meeting Law. Specifically, numerous municipalities have requested that they be permitted to satisfy the “at all hours” requirements by posting their meeting notices on their town websites.
The AGO, through its Division of Open Government is requesting public comment on proposed alternatives to the notice posting requirement in the Open Meeting Law. Comment should be submitted by April 23, 2010.
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Copy of comment sent April 20, 2010
Robert A. Nasdor
Director, Division of Open Government
Office of Attorney General
One Ashburton Place
Boston, MA 02108
Dear Mr. Nasdor:
This comment has two purposes: (1) to encourage state government to emphasize the use of distance media, especially web sites, to post meeting notices; and (2) to encourage state government to make meeting agendas more useful.
1. The state should allow, as minimal support, 24-hour accessible posting at municipal buildings by physical bulletin board or electronic monitor. I would point out, however, that any alternative that requires a physical trip to a specific location will be of limited use to most people, because most people will not live near city hall, and those with physical handicaps will have difficulty going there, especially at night.
2. While cable television provides an alternative for sighted people, cable is not universally available and the existence of a city channel may not be apparent to most people. (I was not aware of Somerville’s cable channel until I happened to become involved for a time with a cable show.)
3. Telephone numbers with meeting notices have problems for hard-of-hearing people. Also, as with cable television, their existence may not be apparent to most people.
4. Web sites, while not available to those without Internet access, have the advantage of being searchable from anywhere with Internet access at any hour and in any weather. Modern web browsers include facilities, such as magnification, to support people with visual handicaps. I encourage the state to emphasize web access as providing the easiest and fastest access for the majority of people.
I would also like to ask that the State establish rules about meeting agendas and when and how they are made available (hopefully online at least 2 days in advance). I understand that it may be difficult to provide a detailed agenda in times as dynamic as ours. However, the legal requirement for meeting notice may be met by a notice without an advance agenda at all, in which case the only way a citizen has of finding out the agenda is by going to the meeting.
In addition, it is not always clear from the meeting notice, or even a preliminary agenda, whether a meeting includes a public hearing. Legal notice of public hearings is frequently given by inserting a notice in a print newspaper. Such notices will not be useful to citizens who get much of their news online.
Thank you for your attention.
David Dahlbacka
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Hi David,
Thanks for posting your comment!
Regarding accessibility and media, you might be interested in tomorrow’s hearing (4/22) by the Committee on the Judiciary at 1 p.m. The SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES will be hearing testimony on Achieving the Promise of the ADA in the Digital Age , regarding internet, cable, video and other media accessibility. To activate the webcast on April 22, 1 p.m., please go to: http://judiciary.house.gov/hearings/calendar.html
Some brilliant folks from COAT will be testifying.
a question:
Why do you say that folks with physical disAbilities have more difficulty getting places at night than during the day? If you have data or studies on that, i’d love to add it to my files.
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Copy of comment sent April 22
Robert A. Nasdor, Director,
Division of Open Government, Office of Attorney General,
One Ashburton Place, 20th Floor,
Boston, MA 02108
Dear Mr. Nasdor,
Massachusetts is taking a forward step in Open governance by ensuring, through the Open meeting law change, that “notice of public meetings be posted in a manner conspicuously visible to the public at al hours in or on the municipal building in which the clerk’s office located.”
In order to make this change as effective and inclusive as possible, I offer 3 comments:
1. In order to prevent the possibility or appearance of tampering with the Notices, please additionally stipulate that any physical locations holding the Open Meeting Notices are secured by a designated staff person, and that the time-stamp of each Notice be filed by the Clerk’s Office.
2. The four alternative methods proposed for posting each have pros and cons; however, the biggest plus would be for any method to be accessible to all residents, including people with sensory impairments and people prevented from utilizing cable and/or internet for a variety of reasons, including poverty. I suggest a combination as follows:
posting notices on the town website, AND, providing an audio recording of meeting notices, available to TTY and other telephone consumers, AND, for cities and towns that currently lack a website, posting outside, in a weather-proof and secure bulletin board, where the notice would be visible at all hours.
In addition, it is important to note that the website needs to adhere to established communications accessibility guidelines, and that the bulletin board needs to be physically and visually accessible to all residents. I suggest that the AG’s office guide cities and towns to utilize section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) as their authority for website accessibility; and guide cities and towns to utilize MA Architectural Access Code, 521 CMR, as their authority regarding accessible route and signage accessibility.
3. Finally, I strongly support Mr. David Dahlbacka’s comment (sent April 20) regarding the necessity to establish rules regarding the publication of Agendas, including whether a meeting includes a Public Hearing. While this is included within the statutory responsibilities of entities holding meetings connected with certain grant programs (such as the HUD CDBG/HOME/ESG Citizen participation meetings), such an addition to MA Open Meeting Law will certainly improve the necessary two-way street between constituents and governance agencies.
Thank You very much.
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As of today, July 1, 2010, enforcement of the Open meeting law is under the Attorney General’s Offices.
As was advocated by DaviD and others: A list of topics that will be discussed must be included within the Notices posted.
The FY 2011 budget signed by the Governor includes an amendment that requires state public bodies to file copies of meeting notices with the regulations division of the Secretary of State’s office. State public bodies were already required to send such notices to the Secretary under the previous state Open Meeting Law. Now, effective July 1, 2010, state public bodies will be required to do the following:
* Notify the Attorney General of the location of the website where meeting notices will be posted.
* Post meeting notices on the website 48 hours in advance of the meeting excluding Saturdays, Sundays and holidays. Notices must include the date, time and place of the meeting and a list of topics that the chair reasonably anticipates will be discussed at the meeting.
* Send a copy of the meeting notice to the regulations division of the Secretary of State’s office.
* Send a copy of the meeting notice to the Office of Administration and Finance who will, for the time being, maintain a copy of the meeting notice available for public inspection.
FOR MORE INFORMATION please see:
http://www.mass.gov/?pageID=cagotopic&L=3&L0=Home&L1=Government&L2=The+Open+Meeting+Law&sid=Cago
ALSO: OPEN MEETING LAW, M.G.L. c. 30A, §§ 18-25
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New articles in Globe about new rules. These are temporary; 4 public hearings, first Aug. 5 in Boston.
http://www.boston.com/news/local/massachusetts/articles/2010/07/20/open_meetings_law_irks_many/
http://www.boston.com/news/local/articles/2010/06/10/towns_wary_of_demands_from_revised_open_meeting_law/
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