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Executive session in Massachusetts: when a board can meet in private, and what follows

Short answer

A Massachusetts board may meet in executive session only for one of the ten purposes in § 21(a). Before discussing a person's reputation, character, health, discipline or complaints about them, it notifies them in writing at least 48 hours ahead, unless waived in writing. A majority of members vote to go in by roll call, and the chair announces whether open session will reconvene. Minutes are kept, and may be withheld only while publication may defeat the session's lawful purposes.(G.L. c. 30A, §§ 21, 22)

This guide explains the law in plain words; it is not legal advice. For a question about your board, ask your town counsel.
By Clarivis · Checked against G.L. c. 30A, §§ 21 and 22 on Tue, Oct 20, 2026.

Where this fits in your meeting cycle: Clarivis is software that helps a board follow these steps: it counts each meeting's notice deadline, checks each agenda item and drafts the minutes for your board to correct and approve; it does not file or post anything for you.

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Questions on this page

When can a board go into executive session?

Executive session is a closed part of a meeting. What counts as a meeting at all is in the what counts as a meeting guide. A board may close it only for a purpose the law lists:

Statute text

“A public body may meet in executive session only for the following purposes:”

G.L. c. 30A, § 21(a)

The ten purposes, in short:

PurposeIn short
(1)Reputation, character, health, discipline or complaints about a person
(2)Negotiations with nonunion staff
(3)Strategy on collective bargaining or litigation
(4)Security personnel or devices
(5)Charges of criminal misconduct
(6)Buying, exchanging, leasing or valuing real property
(7)Required by a specific law or federal grant
(8)Preliminary screening of applicants
(9)Meeting with a mediator
(10)Trade secrets in municipal energy activities

The list is closed. A topic that fits none of them is discussed in open session. Each short description is a summary; read the full purpose in the law before relying on it.

What has to happen before the board goes in?

The notice. The executive session is a meeting like any other, so it is on the posted notice. See the meeting notice guide.

Notice to the person discussed. For purpose (1), the person gets written notice first:

Statute text

“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.”

G.L. c. 30A, § 21(a)(1)

Saying whether the board will come back. In open session, before going in:

Statute text

“the chair shall publicly announce whether the open session will reconvene at the conclusion of the executive session”

G.L. c. 30A, § 21(b)(4)

The vote to go in. The chair states the purpose and the subjects that may be revealed, and a majority of members vote to go in by roll call, each vote recorded in the minutes. The law says:

Statute text

“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; ... 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”

G.L. c. 30A, § 21(b)(1)-(3)

What happens to the executive session minutes?

They are kept, with the same contents as any minutes (§ 22(a)). They may be held back, but not forever:

Statute text

“may be withheld from disclosure to the public in their entirety under subclause (a) of clause Twenty-sixth of section 7 of chapter 4, as long as publication may defeat the lawful purposes of the executive session, but no longer”

G.L. c. 30A, § 22(f), (g)

The board reviews withheld minutes at reasonable intervals and announces the result at its next meeting (§ 22(g)(1)). When someone asks for them, the board responds to the request within 10 days (§ 22(g)(2)); if the minutes were never reviewed, they are reviewed and released by the next meeting or within 30 days, whichever comes first.

Checklist

Before the meeting

  • The executive session is on the posted notice.
  • For purpose (1): the person was notified in writing at least 48 hours ahead, or waived it in writing.

In open session, before going in

  • The purpose is one of the ten.
  • The chair announces whether the open session will reconvene.
  • The chair states the purpose and the subjects that may be revealed, and a majority of members vote to go in by roll call, each vote recorded in the minutes. (§ 21(b)(1)-(3))

Inside

  • Minutes are kept.

Afterwards

  • Withheld minutes are reviewed at reasonable intervals, and the result is announced at the next meeting. (§ 22(g)(1))
  • When someone asks for them, the board responds to the request within 10 days. (§ 22(g)(2))

What the law does not settle

These are questions to take to your town counsel; this guide does not answer them.

  • Whether a particular topic fits one of the ten purposes.
  • How long a particular set of minutes may stay withheld.

How Clarivis helps

Clarivis does not decide whether a topic qualifies for executive session; your board and its town counsel do.

  • On the agenda, an executive session item is flagged until one of the ten purposes is selected for it.
  • During the meeting, the person recording selects Enter executive session and chooses its purpose. Recording stops, and nothing is recorded until the board returns to open session.
  • In the draft minutes, executive session audio is left out.
  • After the meeting, the compliance check flags an executive session with no recorded purpose.
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This guide for other states

Sources