An Act relative to the executive session interview process

194th Legislature (2025-2026) Introduced by Michelle Badger and 2 co-sponsors

Allows preliminary screening committees to interview and prepare questions in executive session if open meetings would hinder attracting qualified applicants, with safeguards.

Accompanied a new draft, see H4831

Overview

H 3290 seeks to amend Chapter 30A of the General Laws to modify when a public body’s preliminary screening committee may interview or consider applicants in executive session. The bill allows interviewing and preparation of interview questions in executive session if the chair determines that an open meeting would detrimentally affect the ability to obtain qualified applicants. It creates a narrow exception for applicants who have already passed a prior preliminary screening and permits participation by certain local officials in preliminary screening executive sessions.

Key Provisions

Amends Section 21(a) of Chapter 30A by inserting a new item (8) that authorizes the preliminary screening committee to:

consider or interview applicants, including the preparation of interview questions, in executive session if the chair declares that an open meeting would have a detrimental effect on obtaining qualified applicants.

Exceptions and clarifications:

This executive-session provision does not apply to meetings (including preliminary screening meetings) used to consider and interview applicants who have already passed a prior preliminary screening.
Nothing in the section prohibits all members of a school committee, city council, town council, select board, or board of alderman from participating as members of the preliminary screening committee meeting in executive session for the purposes of this section.

Who Would Be Affected

Public bodies that use preliminary screening committees to hire or appoint, including school committees and local government boards.

Members of preliminary screening committees, and applicants undergoing initial screening processes.

Local officials who participate in preliminary screening committee executive sessions (e.g., school committees, city/town councils, select boards, boards of aldermen).

Procedural and Timeline Aspects

Introduction: February 27, 2025.

Refer to: State Administration and Regulatory Oversight (House).

Status: Hearing scheduled for October 14, 2025, from 1:00 PM to 5:00 PM in room B-2.

Legislative actions listed include the bill being referred to the committee and related actions on the 2025 calendar.

Related bill: HD 2798 (the related/alternative version, noted as replacing).

Impact and Implications

The bill formalizes a pathway for executive-session interviews and interview-question preparation when openness would hinder attracting qualified candidates.

It preserves the existing requirement that individuals who have already passed prior screening are not subject to the same executive-session limitations.

It potentially increases the use of confidential discussions during the initial hiring or appointment phases for certain public bodies, while still limiting this practice to cases where the chair reasonably determines a detrimental effect would occur.

Bottom Line

H 3290 proposes a targeted change to allow preliminary screening committees to conduct certain interview activities in executive session under a chair-identified justification, with explicit protections for previously screened applicants and defined exceptions for local officials. A public hearing is scheduled for October 14, 2025.

Bill