Mass. Gen. Laws » Part I Title III Chapter 30A
Massachusetts General Laws

Mass. Gen. Laws ch. 30A, § 21 (2026)

Meeting of public body in executive session

✓ current as of July 2026
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Section 21. (a) A public body may meet in executive session only for the following purposes:

(1) To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. The individual to be discussed in such executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided, however, that notification may be waived upon written agreement of the parties. A public body shall hold an open session if the individual involved requests that the session be open. If an executive session is held, such individual shall have the following rights:

i. to be present at such executive session during deliberations which involve that individual;

ii. to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session;

iii. to speak on his own behalf; and

iv. to cause an independent record to be created of said executive session by audio-recording or transcription, at the individual's expense.

The rights of an individual set forth in this paragraph are in addition to the rights that he may have from any other source, including, but not limited to, rights under any laws or collective bargaining agreements and the exercise or non-exercise of the individual rights under this section shall not be construed as a waiver of any rights of the individual.

2. To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel;

3. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares;

4. To discuss the deployment of security personnel or devices, or strategies with respect thereto;

5. To investigate charges of criminal misconduct or to consider the filing of criminal complaints;

6. To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body;

7. To comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements;

8. To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants; provided, however, that this clause shall not apply to any meeting, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening;

9. To meet or confer with a mediator, as defined in section 23C of chapter 233, with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity, provided that:

(i) any decision to participate in mediation shall be made in an open session and the parties, issues involved and purpose of the mediation shall be disclosed; and

(ii) no action shall be taken by any public body with respect to those issues which are the subject of the mediation without deliberation and approval for such action at an open session; or

10. to discuss trade secrets or confidential, competitively-sensitive or other proprietary information provided in the course of activities conducted by a governmental body as an energy supplier under a license granted by the department of public utilities pursuant to section 1F of chapter 164, in the course of activities conducted as a municipal aggregator under section 134 of said chapter 164 or in the course of activities conducted by a cooperative consisting of governmental entities organized pursuant to section 136 of said chapter 164, when such governmental body, municipal aggregator or cooperative determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy.

(b) A public body may meet in closed session for 1 or more of the purposes enumerated in subsection (a) provided that:

1. the body has first convened in an open session pursuant to section 21;

2. a majority of members of the body have voted to go into executive session and the vote of each member is recorded by roll call and entered into the minutes;

3. before the executive session, the chair shall state the purpose for the executive session, stating all subjects that may be revealed without compromising the purpose for which the executive session was called;

4. the chair shall publicly announce whether the open session will reconvene at the conclusion of the executive session; and

5. accurate records of the executive session shall be maintained pursuant to section 23.

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2013–2025 · leading case: Boelter v. Bd. of Selectmen of Wayland, 93 N.E.3d 1163 (Mass. 2018).
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Boelter v. Bd. of Selectmen of Wayland, 93 N.E.3d 1163 (Mass. 2018). “See G. L. c. 30A, § 21 ( a ) (1). 8 "Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least [forty-eight] hours prior to the meeting, excluding Saturdays, Sundays and legal holidays.”
Melville v. Town of Adams, 9 F. Supp. 3d 77 (D. Mass. 2014). “As to the legal basis for hearing testimony from Samson, Ouel-lette explained that pursuant to M.G.L. c. 30A, § 21(a), the Board met with Samson in executive session on March 3, 2011, and provided notice of the meeting at least 48 hours in advance to Plaintiff, who had the…”
Three Registered Voters v. Bd. of Selectmen of Lynnfield, 55 N.E.3d 1018 (Mass. App. Ct. 2016). “The open meeting law is silent on whether such interviews should be public, although it does provide for a public body to meet in executive session where an “open meeting will have a detrimental effect in obtaining qualified applicants,” as stated in G. L. c. 30A, § 21(a)(8). No…”
Said S. Abuzahra v. City of Cambridge., 101 Mass. App. Ct. 267 (Mass. App. Ct. 2022). “The plaintiff cross-appeals from the judge's ruling that the September 24, 2016 e-mail regarding executive session minutes was protected from disclosure under the open meeting law pursuant to G. L. c. 30A, § 21 (a) (6). We conclude that we have jurisdiction over the city's…”
Bd. of Selectmen of W. Bridgewater v. Attorney Gen., 103 N.E.3d 1237 (Mass. App. Ct. 2018). · cites it 3× “4 In bringing this action, the board asserts that it properly discussed the employees' professional competence in executive session because the sessions were conducted pursuant to G. L. c. 30A, § 21( a )(2) ( § 21 [ a ][2] ), in connection with contract negotiations.”
Collins v. Wayland Bd. of Selectmen, 31 Mass. L. Rptr. 189 (Mass. Super. Ct. 2013). · cites it 4× “Compare G.L.c. 30A, §21{a)(3) (effective July 1, 2010) with G.”
Revere Ret. Bd. v. Attorney Gen., 104 N.E.3d 686 (Mass. App. Ct. 2018). · cites it 2× “The board responded that it properly entered into executive session pursuant to the "litigation exception" of G. L. c. 30A, § 21( a )(3). The Attorney General concluded that the board violated the open meeting law, as the board discussed matters unrelated to litigation strategy;…”
Boelter v. Wayland Bd. of Selectmen, 33 Mass. L. Rptr. 405 (Mass. Super. Ct. 2016). · cites it 2× “G.L.c. 30A, Section 21(a)(1). In sum, the Open Meeting Law requires that members of a public body may express their opinions on an individual’s professional competence only through a public meeting and not through privately-communicated documents—even if such documents are…”
Tejasinha Sivalingam v. Frances Newton & a. (N.H. 2021). · cites it 2× “Mass. Gen. Laws Ann. ch. 30A, § 21(a)(1) (West 2021); see La.”
Sousa v. Seekonk Sch. Comm. (D. Mass. 2023). “G.L. c. 30A, §§ 21(a), (b). Drolet Aff. ¶ 6 [Doc.”
Susannah Kay & Another v. Town of Concord (Mass. App. Ct. 2025). “" G. L. c. 30A, § 21 (a) (3). The minutes of such an executive session are exempt from disclosure under the public records law "as long as publication may defeat the lawful purposes of the executive session, but no longer.”
— Mass. Gen. Laws ch. 30A, § 21(a) — 2 cases
Melville v. Town of Adams, 9 F. Supp. 3d 77 (D. Mass. 2014). “As to the legal basis for hearing testimony from Samson, Ouel-lette explained that pursuant to M.G.L. c. 30A, § 21(a), the Board met with Samson in executive session on March 3, 2011, and provided notice of the meeting at least 48 hours in advance to Plaintiff, who had the…”
Sousa v. Seekonk Sch. Comm. (D. Mass. 2023). “G.L. c. 30A, §§ 21(a), (b). Drolet Aff. ¶ 6 [Doc.”
— Mass. Gen. Laws ch. 30A, § 21(a)(1) — 2 cases
Boelter v. Wayland Bd. of Selectmen, 33 Mass. L. Rptr. 405 (Mass. Super. Ct. 2016). “G.L.c. 30A, Section 21(a)(1). In sum, the Open Meeting Law requires that members of a public body may express their opinions on an individual’s professional competence only through a public meeting and not through privately-communicated documents—even if such documents are…”
Tejasinha Sivalingam v. Frances Newton & a. (N.H. 2021). “Mass. Gen. Laws Ann. ch. 30A, § 21(a)(1) (West 2021); see La.”
— Mass. Gen. Laws ch. 30A, § 21(a)(3) — 1 case
Collins v. Wayland Bd. of Selectmen, 31 Mass. L. Rptr. 189 (Mass. Super. Ct. 2013). “Compare G.L.c. 30A, §21{a)(3) (effective July 1, 2010) with G.”
— Mass. Gen. Laws ch. 30A, § 21(a)(8) — 1 case
Three Registered Voters v. Bd. of Selectmen of Lynnfield, 55 N.E.3d 1018 (Mass. App. Ct. 2016). “The open meeting law is silent on whether such interviews should be public, although it does provide for a public body to meet in executive session where an “open meeting will have a detrimental effect in obtaining qualified applicants,” as stated in G. L. c. 30A, § 21(a)(8). No…”
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