Open Meeting, Ethics and Public Records Laws: Info for Elected & Appointed Members

Open Meeting Law Information for Boards/Committees/Commissions & Residents

May a public body meet without a quorum?
The Open Meeting Law requires that any communication between or among a quorum of a public body on any matter within its jurisdiction must be conducted during a noticed meeting.

See M.G.L. c. 30A, §§ 18, 20.

A “quorum” is defined as “a simple majority of the members of the public body, unless otherwise provided in a general or special law, executive order or other authorizing provision.” M.G.L. c. 30A, § 18. The law defines a “meeting” as “a deliberation by a public body with respect to any matter within the body’s jurisdiction[.]”

Thus, when less than a quorum meets (and it is not a subcommittee of the public body), it is not considered a “meeting” under the law.

The Open Meeting Law prohibits serial communication between or among members of a public body that reach a quorum of members outside of a noticed meeting. Thus, when a sub-quorum discusses a topic, which is then shared with a quorum outside of a meeting, it may be considered improper deliberation. See District Attorney for the Northern District v. School Committee of Wayland, 451 Mass. 561, 570-571 (2009) (“Governmental bodies may not circumvent the requirements of the open meeting law by conducting deliberations via private messages, whether electronically, in person, over the telephone, or in any other form”).

The Attorney General recommends that a public body that does not achieve a quorum for a particular meeting consider postponing the meeting until a quorum is present, rather than proceeding with an informal discussion.

Local Commissions on Disability may meet without a quorum physically present in accordance with M.G.L. c. 30A, § 20(e), where additional members participate remotely in order to reach the quorum.

  • Click here for Town Counsel's information on the Open Meeting Law.
  • To ask specific questions about the Open Meeting Law or to report a violation, click here.
May a public body hold a meeting on a Sunday?
While the Open Meeting Law is silent with regard to holding public meetings on Sundays, the best practice is not to hold public meetings on Sundays or holidays when access to public buildings may be limited and when the public does not normally anticipate the scheduling of a public meeting.

Appointment Process for Belmont's Boards, Committees and Commissions

A Committees Handbook was created by the Town Clerk's office describing the appointment process, expectations of committee members and meeting posting procedure, among other things.

To view the Committees Handbook, click here.

Every year in June, seats in the Belmont Boards and Committees are open for appointment by the Select Board or Town Moderator. Typically the term for these seats is three-years; however there may be one year or two year terms due to early resignations. Although volunteers are not compensated, the Select Board places a high value on committee contributions, and recognizes the critical role that committees play in shaping Belmont’s future.

Both the Select Board and the Town Moderator look for Belmont residents with a variety of talents and backgrounds who are willing to make the commitment to serving on a committee. Residents with no past committee service, past committee members, and current committee members interested in re-appointment are all encouraged to apply.

If you are interested in serving on a Belmont board or committee, you can apply online through the Volunteer Opportunities page.

Info for Elected & Appointed Officials

Newly elected or appointed officials must appear in person at the Town Clerk's office to be administered the oath of office (swearing in) and fill out a contact information sheet before participating in any meeting requiring a vote. The Town Clerk suggests that at least one method of contact be publicly accessible in the event a resident needs to contact the board or committee.

The oath of office for newly elected or appointed members of Belmont’s boards, committees and commissions will be administered on the following schedule. No advance notice is required; the oath will be administered to all members who arrive for that time slot. Those taking the oath should have their paperwork with them. 

Oaths are available on the following schedule:

Monday 8:30 am, 5:30 pm
Tuesday through Thursday8:30 am, 3:30 pm
Friday8:30 am
An example of the general oath follows:

Do you solemnly affirm that you will uphold the Constitution of the United States of America, the Constitution of the Commonwealth of Massachusetts and the By-Laws of the Town of Belmont and you will impartially perform the duties of  ______to which you have been duly elected/appointed, keeping uppermost in your mind what is best for the Town of Belmont and its inhabitants.

At the time of the swearing in of elected officials and all members of boards, committees and commissions, the following materials are distributed and a confirmation receipt is signed and filed with the Town Clerk:

Ethics Requirements for Board, Committee and Commission members

Each year, the Town Clerk's office is required to deliver, the Ethics Summary to every employee, elected official, and member of boards, committees and commissions. Every other year the Town employees and volunteers are required to take the State's online Ethics (Conflict of Interest) training. First timers will be required to set up an account, once your account is created, review the ethics training video (about one hour). Upon completion of all segments of the online training, return to your main portal dashboard and you’ll see that your training status indicates “complete.” The Town Clerk's office will then be able to review all employees and volunteers for compliance.

For technical assistance in accessing the training, please contact the State Ethics Commission office at 617-371-9500

(Monday through Friday, 9 AM to 5 PM). 

For detailed information regarding the Conflict of Interest Laws, refer to the State Ethics Commission.