nything over e-mail with each other? Yes, the Attorney General’s Office does recognize the efficiency of electronic e-mail in connecting board members together for topics like scheduling (assuming in the end that notice of the meeting is given per usual). Also, e-mail can be useful in distributing literature and advance copies of agendas, so that the board members can be prepared on the issues to be discussed.

The board must be carefu

E-mail conversations are a pervasive part of our culture. Most people, even in a professional setting, will click the “send” button without even bothering to run a spell check. We probably all have been guilty of treating e-mail like normal, everyday conversation, despite the fact that it can leave a permanent record of our words.

E-mail conversations between board members of a Massachusetts charter school hold a hidden danger as their interchange could unknowingly constitute a violation of the Open Meeting Law.

The Open Meeting Law, M.G.L. Ch. 39, §§ 23A and 23B, applies to meetings of all governmental entities on the state and municipal levels, including the board of trustees of a charter school. The laws ensure that almost all meetings of state and municipal governmental bodies are noticed to the public and open to any citizen who wishes to attend. In other words, any official deliberation of governmental action must take place in a public meeting and must include a public record of any action taken.

The Attorney General’s Office has offered guidelines that any electronic communications between a quorum of board members engaged in deliberation of substantive issues may violate the Open Meeting Law, “as the public is deprived of the opportunity to attend and monitor the e-mail ‘meeting.’” This would include e-mails, chat rooms or board-only bulletin boards.

In the Massachusetts charter school context, any e-mail interchange between the board of trustees could violate the Open Meeting Law if: 1) the number of members included on the interchange constitute a quorum as defined by the board’s by-laws; and 2) the discussion is a deliberation about action to be taken by the board.

Can board members discuss anything over e-mail with each other? Yes, the Attorney General’s Office does recognize the efficiency of electronic e-mail in connecting board members together for topics like scheduling (assuming in the end that notice of the meeting is given per usual). Also, e-mail can be useful in distributing literature and advance copies of agendas, so that the board members can be prepared on the issues to be discussed.

The board must be careful

r interchange could unknowingly constitute a violation of the Open Meeting Law.

The Open Meeting Law, M.G.L. Ch. 39, §§ 23A and 23B, applies to meetings of all governmental entities on the state and municipal levels, including the board of trustees of a charter school. The laws ensure that almost all meetings of state and municipal governmental bodies are noticed to the public and open to any citizen who wishes to attend. In other words, any official deliberation of governmental action must take place in a public meeting and must include a public record of any action taken.

The Attorney General’s Office has offered guidelines that any electronic communications between a quorum of board members engaged in deliberation of substantive issues may violate the Open Meeting Law, “as the public is deprived of the opportunity to attend and monitor the e-mail ‘meeting.’” This would include e-mails, chat rooms or board-only bulletin boards.

In the Massachusetts charter school context, any e-mail interchange between the board of trustees could violate the Open Meeting Law if: 1) the number of members included on the interchange constitute a quorum as defined by the board’s by-laws; and 2) the discussion is a deliberation about action to be taken by the board.

Can board members discuss anything over e-mail with each other? Yes, the Attorney General’s Office does recognize the efficiency of electronic e-mail in connecting board members together for topics like scheduling (assuming in the end that notice of the meeting is given per usual). Also, e-mail can be useful in distributing literature and advance copies of agendas, so that the board members can be prepared on the issues to be discussed.

The board must be carefu

ds, any official deliberation of governmental action must take place in a public meeting and must include a public record of any action taken.

The Attorney General’s Office has offered guidelines that any electronic communications between a quorum of board members engaged in deliberation of substantive issues may violate the Open Meeting Law, “as the public is deprived of the opportunity to attend and monitor the e-mail ‘meeting.’” This would include e-mails, chat rooms or board-only bulletin boards.

In the Massachusetts charter school context, any e-mail interchange between the board of trustees could violate the Open Meeting Law if: 1) the number of members included on the interchange constitute a quorum as defined by the board’s by-laws; and 2) the discussion is a deliberation about action to be taken by the board.

Can board members discuss anything over e-mail with each other? Yes, the Attorney General’s Office does recognize the efficiency of electronic e-mail in connecting board members together for topics like scheduling (assuming in the end that notice of the meeting is given per usual). Also, e-mail can be useful in distributing literature and advance copies of agendas, so that the board members can be prepared on the issues to be discussed.

The board must be carefu

s would include e-mails, chat rooms or board-only bulletin boards.

In the Massachusetts charter school context, any e-mail interchange between the board of trustees could violate the Open Meeting Law if: 1) the number of members included on the interchange constitute a quorum as defined by the board’s by-laws; and 2) the discussion is a deliberation about action to be taken by the board.

Can board members discuss anything over e-mail with each other? Yes, the Attorney General’s Office does recognize the efficiency of electronic e-mail in connecting board members together for topics like scheduling (assuming in the end that notice of the meeting is given per usual). Also, e-mail can be useful in distributing literature and advance copies of agendas, so that the board members can be prepared on the issues to be discussed.

The board must be carefu

nything over e-mail with each other? Yes, the Attorney General’s Office does recognize the efficiency of electronic e-mail in connecting board members together for topics like scheduling (assuming in the end that notice of the meeting is given per usual). Also, e-mail can be useful in distributing literature and advance copies of agendas, so that the board members can be prepared on the issues to be discussed.

The board must be careful, however, that no arguments are made for any course of action and certainly no decisions are made in advance of a noticed public meeting during the course of serial e-mails between the members. The board should also print and save a hard copy of any e-mails between board members to be made available as a public record upon request. To fail to do either, may invite a costly investigation by the Attorney General’s Office.

So the next time you reply on an e-mail to the whole board, you may want to think twice before you hit “send!”

This commentary is not intended as legal advice. For advice on a specific case, you should contact the attorney directly. Pursuant to Rule 3:07 of the Supreme Judicial Court Rules of the Commonwealth of Massachusetts, this communication may be considered advertising.