Specific Local Examples
- Eastham
- In February 2025, a long-time resident (Tom McNamara) filed an Open Meeting Law (OML) complaint against the Eastham Select Board. The claim was that the chair had privately discussed her vote (on a residential tax exemption) with another board member in a hallway after a meeting, which may have bypassed a public deliberation. The Provincetown Independent
- The board discussed the complaint at a subsequent meeting, as required. The Provincetown Independent
- Falmouth (School Committee)
- A recent article mentions that the Falmouth School Committee has a pending OML complaint related to transparency concerns. LocalLens
- While the article doesn’t give full details of the complaint, it underscores that these issues are also arising in school and education bodies, not just select boards.
- State-level & Widespread Trend
- In 2024, the Massachusetts AGO received 364 OML complaints and issued 262 determination lettersresolving 347 complaints. Mass.gov
- In over half (54 %) of the reviewed complaints, the AGO found at least one violation. Mass.gov
- Common violations are: notice that’s too vague, insufficient detail in minutes, and deliberations outside of posted meetings. Mass.gov
- In 2021, the AGO reported a record number of OML complaints (over 400 in one year). WJAR
Why This Happens Frequently in Cape & Similar Towns
- Small boards & informal networks: In small towns, board members often know each other well. It’s easier to slide into communicating “offline” via email or hallway chats, which can cross into “deliberation” territory.
- Complex administrative details: Topics like salary, personnel, interim appointments, or contract terms can straddle the line between what must be public and what may be discussed privately.
- Ambiguous notice rules / vague agendas: The Open Meeting Law demands specificity in meeting notices (what topics will be discussed). If boards leave “personnel matters” or “other business” too vague, that becomes a frequent target of complaint.
- Lack of OML training or awareness: Many local officials are volunteers or part-time, which may mean weaker familiarity with the fine lines of the law. The AGO has responded by ordering more training. Mass.gov+2KP Law, P.C.+2
- Increasing public scrutiny: Residents today are more attuned and more likely to watch videos, request minutes, and spot inconsistencies.