Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				940 CMR
				29.00, the following terms shall, unless the context
				clearly requires otherwise, have the following meanings:
County Public Body
. A public body
				created by county government with jurisdiction that comprises a single
				county.
District Public Body
. A public body
				with jurisdiction that extends to two or more municipalities.
Emergency
. A sudden, generally
				unexpected occurrence or set of circumstances demanding immediate
				action.
Intentional Violation
. An act or
				omission by a public body or a member thereof, in knowing violation of M.G.L.
				c. 30A, §§ 18 through 25. Evidence of an intentional violation of
				M.G.L. c. 30A, §§ 18 through 25 shall include, but not be limited to,
				the public body or public body member that:
(a) acted with specific intent to violate the law;
(b) acted with deliberate ignorance of the law's requirements;
				or
(c) was previously informed by receipt of a decision from a
				court of competent jurisdiction or advised by the Attorney General, pursuant to
				940 CMR 29.07 or
				940 CMR 29.08,
				that the conduct violates M.G.L. c. 30A, §§ 18 through 25. Where a
				public body or public body member has made a good faith attempt at compliance
				with the law, but was reasonably mistaken about its requirements, such conduct
				will not be considered an intentional violation of M.G.L. c. 30A, §§
				18 through 25.
Person
. All individuals and entities,
				including governmental officials and employees. Person does not include public
				bodies.
Post Notice
. To place a written
				announcement of a meeting on a bulletin board, electronic display, website, or
				in a loose-leaf binder in a manner conspicuously visible to the public,
				including persons with disabilities, at all hours, in accordance with
				940 CMR
				29.03.
Public Body
. Has the identical meaning
				as set forth in M.G.L. c. 30A, § 18, that is, a multiple-member board,
				commission, committee or subcommittee within the executive or legislative
				branch or within any county, district, city, region or town, however created,
				elected, appointed or otherwise constituted, established to serve a public
				purpose; provided, however, that the governing board of a local housing,
				redevelopment or other similar authority shall be deemed a local public body;
				provided, further, that the governing board or body of any other authority
				established by the general court to serve a public purpose in the commonwealth
				or any part thereof shall be deemed a state public body; provided, further,
				that
Public Body
shall not include the general court
				or the committees or recess commissions thereof, bodies of the judicial branch
				or bodies appointed by a constitutional officer solely for the purpose of
				advising a constitutional officer and shall not include the board of bank
				incorporation or the policyholders protective board; and provided further, that
				a subcommittee shall include any multiple-member body created to advise or make
				recommendations to a public body.
Qualification for Office
. The election
				or appointment of a person to a public body and the taking of the oath of
				office, where required, and shall include qualification for a second or any
				subsequent term of office. Where no term of office for a member of a public
				body is specified, the member shall be deemed to be qualified for office on a
				biennial basis following appointment or election to office.
Regional Public Body
. A public body
				with jurisdiction that extends to two or more municipalities.
Remote Participation
. Participation by
				a member of a public body during a meeting of that public body where the member
				is not physically present at the meeting location.