Rules - 9-8-10 Attachment 2 — File 190153

If you have any questions or concerns, please contact the City Solicitor’s office at [phone removed], ext. 4400 or via email at law@somervillema.gov OPEN MEETING LAW QUICK GUIDE • The Open Meeting Law applies to any multiple member body, i.e., any board, commission, committee, or subcommittee. • Upon qualification for office, the city clerk will give every member a copy of the Open Meeting Law. Every member is required to sign an acknowledgement of receipt of the law. • At least forty-eight hours notice of a meeting must be given but Saturdays, Sundays and holidays are not counted for giving the required forty- eight hours notice. • The meeting notice must include a “listing of topics” reasonably expected to be discussed at the meeting. • At the beginning of the meeting the chair must announce if anyone, including the body itself, is making a video or audio recording of the meeting. • The Attorney General can allow remote participation by a member. However, a quorum must actually be present and remote participation must be requested and authorized prior to the meeting. • Votes by secret ballot are not allowed. A roll call vote is required in an executive session. • Email between or among a quorum of a public body is considered a deliberation and subject to the Open Meeting Law. Distribution of agendas, scheduling information or reports to be discussed at an upcoming meeting are permitted via email provided no opinion is expressed by any member. EXECUTIVE SESSION • Before going into executive session, the chair must declare the reason the executive session is required. A majority of the members must vote to enter executive session and a roll call vote must be taken and recorded in the minutes. The chair must also annouce whether open session will reconvene after the executive session. • If the board will be discussing collective bargaining or litigation strategy, acquisitions, leases or values of real property, or to consider or interview applicants for employment, the chair must also state that conducting the business in open session will have a detrimental effect on the public body’s strategic or negotiating position. • If the reason for executive session is to discuss the character, reputation, physical or mental condition of someone; to discuss the discipline of someone; or to discuss complaints about someone; then the individual involved can require that the meeting be open. If executive session is held, the individual has the right to be present, has the right to counsel, has the right to speak on his own behalf and the right to have an independent record of the session made by audio- recording or transcription, at the individual’s expense. MINUTES • Minutes must include the following: 1) a summary of every discussion held on each subject 2) a list of all documents and exhibits used at the meeting and 3) decisions made and actions taken, including a record of every vote. • Anything used at the meeting, i.e., documents, exhibits, plans, etc., must be part of the record and must be preserved. • Minutes must be made available within 10 days if requested by a member of the public, whether approved or not, or whether they are final or in draft form. • The chair or designee is required to review the minutes of executive sessions to determine if the minutes can be released.