If you are an elected Library Board or have elected members of your Library Board you are considered a government body and are legally expected to follow Massachusetts Open Meeting Law (OML). If you are an independent Library Board of a nonprofit 501(c)3, you are not obliged to follow OML as a private body; however, your library is likely receiving at least some municipal funds in order to qualify for certification and State Aid. If you are receiving municipal funds, it is considered best practice to follow OML to demonstrate to your community that you are being a good steward of your community's tax dollars that are going towards the library's funding and operations.
This page will provide you with information from the Attorney General's Division of Open Government on Open Meeting Law, including following the law, setting an agenda, when you are (and are not) able to go into executive session, how to contact the Attorney General's Office with questions about compliance, and more.
This is not meant to be a comprehensive guide, but a primer to get you started. Questions, clarifications, and determinations should always be run by the Division of Open Government so your Board will have the most up-to-date information on laws and court rulings.
Public Body Certification
If you are a newly elected member of a public body, the state requires that you become certified in Open Meeting Laws within 2 weeks of assuming office. Here is the link to the Attorney General's Office Public Body Member Certification page.
These videos from the Attorney General's Office (AGO), Division of Open Government will give you a basic primer on Open Meeting Law.
IMPORTANT: These videos are from 2018. While they still have a great deal of essential information, please note that laws and court rulings change and you should always consult the AGO with questions to get the most recent, up-to-date information that will keep you in compliance and attend one of the free webinar trainings they offer regularly.
Guidance Update – March 28, 2025
On March 28, 2025, Governor Healey signed into law a bill which extends the temporary provisions pertaining to the Open Meeting Law to June 30, 2027. Specifically, this further extension allows public bodies to continue holding meetings remotely without a quorum of the public body physically present at a meeting location, and to provide "adequate, alternative" access to remote meetings. The language does not make any substantive changes to the Open Meeting Law other than extending the expiration date of the temporary provisions regarding remote meetings from March 31, 2025 to June 30, 2027.
The Division of Open Government has outlined this extension with definitions, FAQ, and links. You can find their updated guidance here: https://www.mass.gov/info-details/updated-guidance-on-holding-meetings-pursuant-to-the-act-extending-certain-covid-19-measures
You can read the full Act Relative to Extending Certain COVID-19 Measures referenced in the above article here: https://www.mass.gov/doc/an-act-relative-to-extending-certain-covid-19-measures/download
Guidance Spotlight: In-Person Meetings FAQ
As the pandemic continued through 2020 the AG's office sent out regular updates about OML. The link below referenced FAQ from the office about remote participation.
You can read the full "This Month in the Division of Open Government" June 2020 newsletter here:
https://us15.campaign-archive.com/?u=cb4a8f8dde889f526f9b8ca4e&id=ffba21e1b5
On March 12, 2020, Governor Baker issued an Executive Order modifying certain requirements of the Open Meeting Law, to enable public bodies to carry out their responsibilities while adhering to public health recommendations regarding social distancing.
The Executive Order relieved public bodies from the requirement in the Open Meeting Law that meetings be conducted in a public place that is open and physically accessible to the public, provided that the public body makes provision to ensure public access to the deliberations of the public body through adequate, alternative means. “Adequate, alternative means” may include, without limitation, providing public access through telephone, internet, or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the public body in real time.
You can find the full text of the original Executive Order here: https://www.mass.gov/doc/order-suspending-certain-provision-of-open-meeting-law/download
Any questions about Open Meeting Law should be directed to the Attorney General's Division of Open Government:
Email: openmeeting@mass.gov
Phone: (617) 963-2540
The Division of Open Government is part of the Office of the Attorney General
If you have general inquiries beyond Open Meeting Law you can contact the Attorney General's Office here: https://www.mass.gov/contact-the-attorney-generals-office
You can also call your local outlet of the AG's Office:
Do you have everything you need to run a Board meeting in full compliance with Open Meeting Law? Use these checklists from the Attorney General's Office to ensure you have what you need.
You can (and should) keep up to date on any changes in the Open Meeting Law.