AG Seeks Comment on Rule for Posting Open Meeting Notices

The new open meeting law that takes effect in Massachusetts on July 1 requires municipalities to post meeting notices "in a manner conspicuously visible to the public at all hours." Given that public buildings are generally not open "at all hours," some municipalities are concerned about how they will comply.

In an effort to address this issue before the law takes effect, the new Division of Open Government in the Attorney General's office has issued a Notice Posting Proposal suggesting alternative posting methods. It is inviting the public to comment on the proposal, with a requirement that comments be submitted by April 23.

"An outdoor, weather-proof bulletin board would seem the most obvious means" for a municipality to comply with the law, the notice says. But many municipalities are concerned "about their practical ability to post numerous meeting notices outdoors."

The AG is proposing four alternative methods:

1. Posting notices on the town Web site and posting in or on an alternate town building (e.g., police or fire station) where the notice would be visible at all hours.
2. Posting notices on cable television and posting in or on an alternate town building (e.g., police or fire station) where the notice would be visible at all hours.
3. Placing a computer monitor or electronic bulletin board in a door or window of the municipal building in such a manner as to be visible to the public (including the disabled) from outside the building.
4. Providing an audio recording of meeting notices, available to the public by telephone at all hours.

I would suggest a fifth alternative that is time-tested, available at all hours, and proven to be effective as a means of disseminating public notices: Publication of the notice in the local newspaper.

If you wish to comment on the proposed alternatives, submit them by April 23 to: Robert A. Nasdor, Director, Division of Open Government, Office of Attorney General, One Ashburton Place, 20th Floor, Boston, MA 02108, or by e-mail to: openmeeting@state.ma.us.