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LEONARD KOPELHAN KOPELMAN AND PAIGE. P. C. JEANNES MCKNIOMT DONALD G PAIGE JUDITH C. CUTLER ELIZABETH A LANE ATTORNEYS AT LAW ANNE-MARIE M HYLAND JOYCE FRANK RICHARD BOWEN JOHN W.GIORGIO 101 ARCH STREET CHERYL ANN BANKS BARBARA SAINT AMORE BOSTON. MASSACHUSETTS 02110-1137 OAVIDJ OONESKI JOEL0 BARO SANDRA CHARTON EVERETTJ HARDER BOSTON OFFICE ILANA M OUIRK PATRICKJ COSTELLO 161)1931-000) BRIAN W RILEY FAX 16171$51-2733 MARY L.GIORGIO JOSEPH L. TEHAN.JR KATHLEEN E CONNOLLY WILLIAM HEWIG 111 NORTHAMPTON OFFICE JOHN 0.GANNON THERESA M DOWDY 14131 SBS-6632 KURT B. FLIEGAUF DEBORAH ELIASON MICHELE E. RANDAZZO WORCESTER OFFICE PETER J FEUERBACH 13081752.0203 AUG 2 i July 19, 1995 - . . _ M E M O R A N D U M T O M U N I C I P A L C L I E N T S TO: BOARD OF SELECTMEN/MAYOR/TOWN AND CITY COUNCIL TOWN MANAGER/TOWN ADMINISTRATOR/EXECUTIVE SECRETARY RE: OPEN MEETING LAW CHANGES The Open Meeting Law creates many problems for government officials throughout the Commonwealth, and part of the reason is it is very easy during an Executive Session meeting to slide into discussion of a topic that should not be discussed in Executive Session. In addition, there have been two changes. The courts can now make a civil finding against a governmental body in an amount up to $1, 000 per violation. Second, on the last day of the legislative year in December 1994, the Legislature passed an act which became effective on March 29, 1995, which adds a ninth exemption from the Open Meeting Law. The ninth exemption is to meet with a mediator with respect to any litigation or decision on any public business. As always, please remember you go into Open Session first and then move to go into Executive Session stating the names and parties and issue involved and purpose of the mediation. No action can be taken regarding issues subject to mediation without deliberation and approval at an Open Meeting after the mediation. For purposes of this exemption, the statutory definition of "mediator" applies: a person, not a party to the dispute, who enters into a written agreement with the parties to assist them in resolving their dispute. This person must also have completed certain statutory requirements, namely: at least thirty hours training in mediation; and either four years professional experience as a mediator, or, who is accountable to a dispute PRINTED ON RECYCLED PAPER