Can members of a body communicate with one another by email outside of a public proceeding?
There is no legal prohibition against email communication between members of a public body outside of a public proceeding. However, email communication among a quorum of the members of a body used as a substitute for deliberations or decisions which should properly take place at a public meeting may likely be considered a “meeting” in violation of the statutory requirements for open meetings and public notice. “Public proceedings” are defined in part as “the transactions of any functions affecting any or all citizens of the State…” 1 MRSA 402. The underlying purpose of the Freedom of Access law is that public proceedings be conducted openly and that deliberations and actions be taken openly; clandestine meetings should not be used to defeat the purpose of the law. 1 MRSA 401. Public proceedings must be conducted in public and any person must be permitted to attend and observe the body’s proceeding although executive sessions are permitted under certain circumstances. 1 MRSA 403. In add
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