The secretary of state’s office this afternoon released the final set of rules to implement the new public records law, which was signed by the governor in June and is scheduled to take effect on Jan. 1.
 
• Link to secretary of state’s office for regulations
 
The new law (Chapter 121 of the Acts of 2016) imposes strict new requirements on cities, towns and state agencies governing timelines to respond to and comply with requests for records, including how much can be charged to cover costs and what penalties could be imposed on state and local government agencies.
 
The law required the supervisor of records in the secretary of state’s office to finalize regulations by Jan. 1.
 
The new rules will necessitate that cities and towns review and update local practices for responding to records requests, and that they be ready to implement them on the first of the year.
 
The MMA is in the process of reviewing the regulations in detail.
 
The MMA and the Massachusetts Municipal Lawyers Association are sponsoring a workshop at the MMA Annual Meeting & Trade Show on Jan. 21 on the requirements of the law and regulations, as well as best practices that cities and towns can implement to facilitate compliance with the new rules.

posted by Jeff Bennett

Massachusetts General Law, chapter 39:

Section 16: Appropriation, advisory or finance committees; appointment; tenure; powers and duties

Section 16. Every town whose valuation for the purpose of apportioning the state tax exceeds one million dollars shall, and any other town may, by by-law provide for the election or the appointment and duties of appropriation, advisory or finance committees, who shall consider any or all municipal questions for the purpose of making reports or recommendations to the town; and such by-laws may provide that committees so appointed or elected may continue in office for terms not exceeding three years from the date of appointment or election.

In every town having a committee appointed under authority of this section, such committee, or the selectmen if authorized by a by-law of the town, and, in any town not having such a committee, the selectmen, shall submit a budget at the annual town meeting.

posted by Jeff Bennett

Massachusetts General Law, chapter 39:

Section 15: Moderators; powers and duties

Section 15. The moderator shall preside and regulate the proceedings, decide all questions of order, and make public declaration of all votes, and may administer in open meeting the oath of office to any town officer chosen thereat. If a vote so declared is immediately questioned by seven or more voters, he shall verify it by polling the voters or by dividing the meeting unless the town has by a previous order or by-law provided another method. If a two thirds, four fifths or nine tenths vote of a town meeting is required by statute, the count shall be taken, and the vote shall be recorded in the records by the clerk; provided, however, that a town may decide by by-law or vote not to take a count and record the vote if a two-thirds vote of a town meeting is required by statute; and provided, further, that if the vote is unanimous, a count need not be taken, and the clerk shall record the vote as unanimous.

A town may pass by-laws, subject to this section, for the regulation of the proceedings at town meetings. Such by-laws shall be approved and published in the manner prescribed by section thirty-two of chapter forty.

In any town having a representative town meeting form of government the town meeting members shall not use the secret ballot when voting in the exercise of the corporate powers of said town or on any motion unless two thirds of the town meeting members present and voting thereon vote that a secret ballot be used.

posted by Jeff Bennett