Archive for 2016
Posted In: Municipal Law
What the passage of Question 4 legalizing recreational sale and use of marijuana means to municipalities
Given the stunning and widely unexpected results of the presidential election, the seismic change in the state’s marijuana policy effected by the passage of Question 4 has received less attention…
Posted In: Uncategorized
CPA Funds Can Be Used to Preserve Historic Church Buildings
The Town of Acton recently secured a victory in a Court fight over the use of Community Preservation Act (CPA) funds to preserve two historic churches. The CPA allows cities and…
Posted In: Public Records
What Municipalities Need to Know About the Draft Public Records Regulations
The Supervisor of Public Records released draft regulations to implement the new Public Records Law on September 13. Government entities should keep in mind the following dates: The Supervisors is…
Posted In: Open Meeting Law
Pragmatic View Wins Out in First New OML Appeals Court Decision
However, Tackling a “Gray Area” in the Law, AG’s Office Takes a Harsher Approach In the first case to reach an appellate court under the new Open Meeting Law (OML),…
Posted In: Land Use
City May Repurpose a Playground Despite Decades of Use
But a Concurring Justice Asserts That the SJC Should Revise This Precedent The Appeals Court narrowly interpreted article 97 of the Massachusetts Constitution to allow a city to repurpose land…
Posted In: Municipal Law, Procurement
Top 15 Changes in the New Municipal Modernization Bill
In what is largely a win for municipalities, the Legislature unanimously passed the Municipal Modernization Act on the last day of the 2015-2016 session. The Bill should improve municipal administration, mostly…
Posted In: Public Records, Public Records Requests
Checklist: The Records Access Officer’s Guide to the New Public Records Request Procedures *Updated*
One of the new public records law’s biggest changes is its requirement that municipalities designate at least one Record Access Officer (RAO). By the start of 2017, when the new…
Posted In: Stormwater
Towns Must Act Now to Meet Deadlines Set by EPA’s New Stormwater Permit
Big changes are ahead for Small Municipal Separate Storm Sewer System (MS4) operators in Massachusetts. EPA’s recently-released general permit goes into effect on July 1, 2017. Under the new general…
Posted In: Public Records
Cities and Towns Will Have to Reassess Their Litigation Strategies in Light of the New Public Records Law
As Governor Baker noted, complying with the new public records law he signed in early June will require “stretch activity” from Massachusetts cities and towns. The law takes effect in…
Posted In: Public Records
New Public Records Law Raises Stakes for Towns – *Updated*
The House and Senate unanimously voted to pass a public records bill that reconciles a Senate bill that imposed significant burdens on municipalities with a more reasonable House bill from last…