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ISSUE: Is it proper for members of a public board to exchange ideas or information via email or a blog? What do you think?

Submitted by Bill Densmore on Fri, 2007-11-09 11:49.

This question arises as the result of a question posed by a resident of North Adams, Mass.,  Kelly Lee <kelly.lee3@verizon.net>, who reports that he sits on a municipal board and would like guidance on the use of email to discuss public issues. Bill Densmore, director of the New England News Forum, replies in an email. .

Densmore writes in reply:  

The question of email communication among and to board members is somewhat on the cutting edge of the law. In Massachusetts the attorney general has weighed in with guidance, and there may be at least one court case.

I have copied Walter V. Robinson, <W.Robinson@neu.edu>  a former Boston Globe investigative reporter/editor who now teaches at Northeastern University. He may have a quick response on who is most up on this.  In North Adams, the city attorney issued a letter opinion in March, 2006.  There's also a related story. And here's the attorney's letter text.  Other sources of advice might be Robert J. Ambrogi <rambrogi@legaline.com>, a Rockport attorney who heads the Massachusetts Newspaper Publishers Association; or Pam Wilmot <pwilmot@commoncause.org>, head of Common Cause of Massachusetts.

On Fri, 9 Nov 2007, kelly lee wrote:

> Hi Bill,
>
> A question has come up on a board I am on concerning the open meeting  concept, how emails fit into the picture and other concerns . . . I want to be able to address this particular board.

>
> Thanks,
>
> Kelly Lee
> North Adams
>
>>>
>> ---------------------------------------
>> Bill Densmore, director/editor
>> The Media Giraffe Project Journalism Program
>> 108 Bartlett Hall
>> Univ. of Massachusetts
>> Amherst MA 01003
>> OFF: 413-577-4370 / CELL: 413-458-8001
>> densmore@journ.umass.edu


Submitted by Bill Densmore on Fri, 2007-11-09 12:25.

POSTED BY BILL DENSMORE . . .
Bob Ambrogi replies:

Bill, Kelly et al., The AG's guidance says it well. The open meeting law covers e-mail, provided the law's requisites of a "quorum" and "deliberations" are satisfied. A quorum can be achieved through serial e-mails sent from one member to another to another. Simply distributing a document by e-mail for discussion at a live meeting is OK. I do not believe there have been any appellate rulings from the courts on this. There have been various opinion letters issued by local DAs finding serial e-mail to violate the law.

See, for example: http://www.legaline.com/2006/01/da-says-e-mail-falls-under-meetings.html

 As for Bill's blogging question, the first issue would be the quorum. Assume a committee member blogged about something and enough other members to form a quorum commented directly on the blog. In that case, I think they've got a problem. But if only one or two members of a five-member committee blog about it, then they're probably safe. If enough members each have their own blog and serially blog about an issue, commenting on each other's posts, that might be a problem too. Not sure if there've been any cases involving this scenario. -

Robert J. Ambrogi, Esq. Executive Director
Mass. Newspaper Publishers Association
16 McKay's Drive
Rockport, MA 01966
(978) 546-3400  / Cell: (978) 317-0972

 


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