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Can members of a board discuss official business in an informal setting?

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January 15, 2009

Q: Can members of a board discuss official business in an informal setting?

A:
Members of a board or committee who encounter each other on a “chance” or “social” basis are not prohibited from discussing official business, according to the Attorney General’s Office. The discussions they have in this informal setting, however, cannot be used to circumvent the letter or spirit of the state’s Open Meeting Law (M.G.L. Ch. 39, Sect. 23B).

The following scenario would likely be deemed a violation of the law: The members of a school committee attend the same social function and discuss whether one of the school district’s elementary schools should be closed. A few days later, during a regular meeting of the School Committee, committee members vote without discussion to close the school.

Source: Open Meeting Law Guidelines, updated by the Attorney General’s office in April 2008