Although it is possible a SEPAC could structure itself in such a way as to satisfy the criteria for being considered a public body subject to the Open Meeting Law, all of the SEPACs we have reviewed have been determined not to be public bodies and not subject to the Open Meeting Law. We have concluded that a body with such a fluid makeup, which has an ever-changing membership and quorum, and which carries out its role based on whoever attends a particular meeting or participates in a particular vote, is not the type of body to which the Open Meeting Law applies. However, where a public official creates a committee because they are required to do so by law, regulation or at the direction of a governing authority such as a City Council or Board of Selectmen, then the committee will likely be subject to the Open Meeting Law.Īre Special Education Parent Advisory Council (“SEPAC”) groups public bodies subject to the Open Meeting Law?īy law, membership in a SEPAC is open to “all parents of eligible students and other interested parties.” 603 CMR 28.07(4). Because the superintendent could have chosen a school principal entirely on his own without creating the committee to advise him on a candidates, his informal creation of a committee did not subject the body to the Open Meeting Law. 232 (1991), in which the SJC held that a high school principal selection committee appointed by the school superintendent to assist him in choosing candidates was not a governmental body subject to the OML. Accordingly, where a public official creates a committee to advise that public official on a decision that he or she has sole responsibility for the committee or board would not be subject to the Open Meeting Law. The OML does not apply to committees or boards informally appointed by individual officials to carry out duties that are assigned to such officials. Is a committee or board created by a public official subject to the Open Meeting Law?
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