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DISTRICT ATTORNEY FOR THE NORTHERN DISTRICT v. SCHOOL COMMITTEE OF WAYLAND

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455 Mass. 561 (2009)

DISTRICT ATTORNEY FOR THE NORTHERN DISTRICT v. SCHOOL COMMITTEE OF WAYLAND.

Supreme Judicial Court of Massachusetts, Middlesex.

December 31, 2009.

Attorney(s) appearing for the Case

Robert J. Bender, Assistant District Attorney (Bethany Stevens, Assistant District Attorney, with him) for the plaintiff.

Regina Williams Tate (Kevin F. Bresnahan with her) for the defendant.

The following submitted briefs for amici curiae:

Michael J. Long for Massachusetts Association of School Superintendents.

Brian W. Riley for Massachusetts Municipal Association.

Stephen J. Finnegan for Massachusetts Association of School Committees, Inc.

Robert J. Ambrogi & Peter J. Caruso for Massachusetts Newspaper Publishers Association.

Present: MARSHALL, C.J., IRELAND, SPINA, CORDY, BOTSFORD, & GANTS, JJ.

SPINA, J.

The district attorney for the Northern District initiated a civil action against the school committee of Wayland for violations of the open meeting law, G. L. c. 39, §§ 23A-24. The district attorney alleged that the school committee violated the open meeting law during two executive sessions and in communicating via electronic mail messages (e-mails) prior to an open meeting. The school committee answered that (1) it properly deliberated in executive...

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