NEFAC, Mass. Open Government Groups: Governor’s Proposal Will Close the Open Meeting Law

Massachusetts Governor Maura Healey filed today the Municipal Empowerment Act. A coalition of democracy, disability access, and open government advocates — including the New England First Amendment Coalition — expressed strong concerns about the bill’s consequences for access to local government meetings.

The proposal would make the format of local open meetings completely discretionary instead of maximizing access by reasonably guaranteeing hybrid public meetings with both in-person and remote access.  

NEFAC, along with the ACLU of Massachusetts, Boston Center for Independent Living, Disability Law Center, Common Cause Massachusetts, League of Women Voters of Massachusetts, Massachusetts Newspaper Publishers Association, MASSPIRG, and New England Newspaper & Press Association released the following joint statement in response to the bill:

“The Municipal Empowerment Act again falls short on ensuring reasonable access to public meetings. It will shut people out of the democratic process by only allowing — and not requiring — municipalities to provide hybrid participation options. This is a core principle of a democratic process, and for disabled people and others, a fundamental civil rights issue. Giving every government body complete discretion about how to provide public access to their meetings means people with disabilities, the elderly, people who lack access to transportation, and others who are simply unable to access in-person meetings will be completely shut out when city councils, select boards, or school committees decide to hold meetings exclusively in person.”

Background

To date, the House has already passed forward-thinking legislation that would have guaranteed hybrid participation by entities under the Open Meeting Law. The Senate has yet to debate the matter.

In spring of 2023, the coalition conducted a survey of every city council, select board, and school committee in the state. According to that survey, more than half of those bodies are already conducting fully hybrid or remote-only access. Indeed, hybrid meetings are already standard operating procedure for many government entities in municipalities of every size, from Boston to Gosnold.

  • City councils and select boards: 45% of city council and select board meetings are fully hybrid and 17% more are live streamed. In total, 62% are fully hybrid or live streamed.
  • School committees: 35% of school committee meetings are fully hybrid and 25% are live streamed. In total, 60% are fully hybrid or live streamed.

The coalition supports a legislative proposal HD.368 filed by Representative Tony Cabral that will ensure greater access to open meetings for everyone — particularly for people with disabilities, caregiving responsibilities, or limited transportation — by requiring options for officials and members of the public to attend meetings in person or remotely. 


NEFAC was formed in 2006 to advance and protect the Five Freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society. Our members include lawyers, journalists, historians, academics and private citizens.

Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.

NEFAC is supported by the Estate of Gloria L. Negri. Additional funding is provided by Leadership Circle donors including the Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work are Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, Northeastern University and WCVB-Boston.