Email and the Open Meeting Law

(Ed. Note. Citizens may not realize that emails can create problems of compliance with the open meeting law. I have quoted from the Mass. Open Meeting Law for review.)

"With the advent of computers, it has become more common for persons, both at home and at work, to communicate through electronic mail, or "email." Like private conversations held in person or over the telephone, email conversations among a quorum of members of a governmental body that relate to public business violate the Open Meeting Law, as the public is deprived of the opportunity to attend and monitor the "meeting." Thus it is a violation to email to a QUORUM messages that can be considered invitations to reply in any medium, and would amount to deliberation on business that must occur only at proper meetings. It is not a violation to use e-mail to distribute materials, correspondence, agendas or reports so that committee members can prepare individually for upcoming meetings."

Because of the limitations of the Open Meeting Law, you will note that most governmental units have a "spokesperson" that will respond in uniform public fashion--rather than individual members of a unit. In the case where a "public" media is not available for uniform response, the unit of government might choose not to respond till a properly noticed meeting occurred and the issue of interest could be discussed in a proper forum.

If "information" is sought, on a particular point of fact, you will note that governmental leaders such as city managers or superintendents will issue "information" memos as opposed to engage in debate as such.

I invite comments and clarifications from our own city administrator, Mr. Connors, as to this post. I did miss the famous city council meeting, known as the St. Valentines Day meeting, during which this issue was discussed.