1

Are charter school boards of trustees subject to the Open Meeting Law?

Yes, charter school boards of trustees – as multi-member boards established to serve a public purpose – are considered public bodies subject to the Open Meeting Law. As a result, charter school boards of trustees are expected to comply with Open Meeting Law requirements, including with respect to notice, the creation and maintenance of minutes, public participation, and the handling of complaints.

See Slides 20-38 for additional information on Open Meeting Law requirements applicable to charter school boards of trustees.

2

Are communications involving only one or two board members subject to the Open Meeting Law?

It depends. The Open Meeting Law applies to communications among a quorum of members of a public body (a majority unless otherwise defined in the bylaws of the board of trustees) that involve deliberation with respect to public business within the body’s jurisdiction (i.e., discussion, decision-making, or recommendations). For a charter school board of trustees, this may include discussion of school policies, the annual report, hiring/evaluation of school leaders, etc.

Often, one or two board members would not constitute a quorum of the board and related communications would therefore not be subject to the Open Meeting Law. However, communications involving one or two board members may be subject to the Open Meeting Law when (i) the communications involve a board committee or subcommittee compromised of

only two or three members, (ii) the communications are serial and collectively reach a quorum of the public body even if the individual communications did not, or (iii) the communication is issued from one person to a quorum of the public body, whether or not anyone replies, and the communication reflects the sender’s opinion, recommendation, etc. of a public matter within the body’s jurisdiction. As a caveat, however, mere distribution of materials to be discussed in a board meeting is not a communication subject to the Open Meeting Law.

See Slides 20-22 for additional information on communications subject to the Open Meeting Law.

3

Must audio or visual recordings of public meetings be maintained and, if so, for how long?

If a public body, like a charter school board of trustees, creates an audio or visual recording of a public meeting, that recording is a public record subject to disclosure under the Public Records Law upon request. Note, however, that recordings of public meetings for use in drafting minutes of the meeting need only be retained until final minutes are approved or their administrative use ceases, whichever is later. This applies to any audio or visual recording of a meeting by the public body or authorized by the public body.

A recording of a meeting held in executive session may be withheld from disclosure to the public in its entirety for as long as publication may defeat the lawful purposes of the executive session. Once the purpose of the executive session would no longer be jeopardized by publication of the recording (i.e., when the public body’s litigating, negotiating, or bargaining position would no longer be threatened by public disclosure), the recording is subject to disclosure upon request unless attorney-client privilege or an exemption under the Public Records Law applies.

See Slides 24 and 28 for additional information on executive session records.

4

What kind of board contact information should be made publicly available?

The contact information for charter school board members is not required to be included in meeting notices or minutes, and the home address, personal email address, and home telephone number of a board member are not public records subject to the Public Records Law. However, official contact information tied to the board member’s position on the board (for example, a board-assigned email address or phone number) is considered public record and should be disclosed upon request.

5

Do the rights afforded to an individual to be discussed in executive session in accordance with Purpose 1 apply to job applicants as well as employees?

Yes. Under Purpose 1 (M.G.L. c. 30A, §21(a)(1)), a public body may meet in executive session “to discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual.” The individual to be discussed could include an employee of a charter school or an applicant for employment. The individual to be discussed in executive session has the following rights:

• Right to be notified in writing at least 48 hours prior to the executive session
• Right to be present, to speak on own behalf, to have counsel/advisor present
• Right to have discussion in open session

Notwithstanding the above, when a public body is considering applicants for a position, those should discussions should be held in open session unless the discussion pertains to the reputation, character, health, or any complaints or charges against the individual.

See Slide 30 for additional information on executive session Purpose 1.