The Open Meeting Law continues to generate questions. Click on each topic below for our latest advice;

Preparing your Meeting Notice Approval of Contracts in Executive Session Determinations of the Division of Open Government A Checklist and Sample Notices and Votes

New: “HR Counsel on Call” is our new human resources support service. Click here for FAQs about this program.

 

Renewable Energy Financing: At the 2012 MMA Annual Meeting, Attorney Richard T. (“Rick”) Holland presented a seminar on third party financed renewable energy facilities entitled "Clean, Green and Lean: Procurement of Renewable Energy Projects"; one of the more challenging aspects of alternative energy resources. Click here to view a PDF of the PowerPoint® slides that accompanied Rick’s presentation.

As always. . . Don’t forget to check back with us for new links and other information!

 

May 30: Lawyers Have Heart 5K Road Race - For the fifth consecutive year, several of the firm’s attorneys and staff members will participate in the annual Lawyers Have Heart 5K Road Race, which is scheduled for Wednesday, May 30, 2012. Proceeds from the race benefit the American Heart Association and the fight to prevent heart disease and stroke. Click this link for information about this event and about Team Kopelman and Paige.

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Attorney Janet Pumphrey’s review of two books on writing was accepted for publication by the Massachusetts Law Review. The first book is entitled Point Made: How to Write Like the Nation’s Top Advocates, by Ross Guberman, and is written for lawyers, using extensive examples of excellent legal writing. The second book, entitled How to Write a Sentence, by Stanley Fish, is a book about writing for all writers and is as much about how to read a sentence as it is about how to write one. Following publication of Attorney Pumphrey’s article, excerpts form her review will be available on this site.

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June 7: Attorney Lauren Goldberg will be speaking at the Massachusetts Town Clerks’ Association and City Clerk’s Association 2012 Summer Conference on the topic: “Town Meeting From Soup to Nuts – All you ever wanted to know, and more, about Town Meeting!” For more information, see the program description here.

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June 9: Attorney Lauren Goldberg will be leading a session entitled “Major Changes to Governance Laws” at Massachusetts Municipal Association/ Massachusetts Selectmen Association’s Leadership Conference for Selectmen. Attorney Goldberg’s presentation will address the following topics, with an emphasis on the law as it affects towns: Ethics and Conflict of Interest Law; Open Meeting Law and Executive Session; and Public Records Law. Click here for additional information about this event.

 

May 7: Attorney John Goldrosen spoke at the Massachusetts Real Estate Bar Association spring conference in Marlborough as part of a panel discussion entitled “Dealing With Conservation Commissions: From Pitfalls to Permits.” Attorney Goldrosen presented “practice pointers,” from the municipal perspective, for attorneys who are representing applicants or other interested parties in Conservation Commission hearings. A PDF of Attorney Goldrosen's session materials can be found here.

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April 18: Attorney Brian Riley spoke on updates and new regulations regarding the Open Meeting Law at the Norfolk and Suffolk Counties Assessors Association Spring Meeting at Lombardo's in Randolph, with an emphasis on the Law's implementation for Assessors.

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April 12: Attorney Kay Doyle secured a significant victory for the Town of Plainville in Plainville Asphalt Corp. v. Town of Plainville, Land Court, Misc. No. 428686(GHP). In a complicated and vigorously litigated zoning appeal regarding the status of bituminous concrete production operation, the Land Court determined on cross-motions for summary judgment that although the use predated zoning and had been conducted at the site from 1965-2002, the use was neither permitted by right under current zoning, nor "grandfathered" as a pre-existing nonconforming use. The Land Court found that the production of bituminous concrete at the site had been discontinued for over two years, and ruled that a change in the Zoning Bylaw made the mere discontinuance of the use for two or more years sufficient to cause loss of its pre-existing nonconforming use protection. The company has filed a Notice of Appeal, and we will report to you on the results of the appeal at a future date.

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April 10: Attorney Lauren Goldberg spoke on the subject of the Town Clerk's role in Town Meeting and the Open Meeting Law at the Middlesex County Clerk's Association meeting in Westford. .

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March 17: Attorney Kay Doyle spoke at the National Public Library Association’s Annual Convention in Philadelphia as part of a panel discussion entitled “Library Access as an Emerging Constitutional Right.” Increasingly, libraries are called upon to deal with disorderly patrons and other problematic library users, and in doing so encounter restrictions that are due to the role of the public library as the “temple” of the public’s right to receive information as protected under the First Amendment to the U.S. Constitution.

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March 1: Attorney Jeanne McKnight presented the municipal perspective on establishing "rail trails" upon unused MBTA railroad rights of way as part of a panel engaging Needham High School students in planning for the Bay Colony Rail Trail that is proposed to go from Needham Junction through Dover to Medfield.

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February 16: Attorney Michele E. Randazzo led a discussion on the use of social media and electronic communications in the workplace at the meeting of the Small Town Administrators in Massachusetts (STAM) at the Sunderland Public Library.

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February 6: Jeanne S. McKnight, head of the firm’s Real Estate Practice Group, presented an informational session to the Needham Heights Neighborhood Association on the topics of Affordable Housing and Comprehensive Permits under General Laws Chapter 40B.

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January 26: Attorney Joel B. Bard presented a seminar to the Town of Scituate Planning Board on "Roles and Responsibilities of Planning and Zoning Boards." This event was arranged by the Citizen Planner Training Collaborative, at the request of the Town. This particular course provided an overview of the functions of planning and zoning boards, with emphasis on their similarities and differences, and summarized the laws, procedures, and sources of information that constitute the main tools of planning and zoning.

More information about CPTC and its programs can be found online at http://www.umass.edu/masscptc/about.html

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January 26: Lauren F. Goldberg, was once again a faculty member at the annual Winter Conference of the Massachusetts Town and City Clerks, held this year on January 25-27 at The Sturbridge Host Hotel & Conference Center. Attorney Goldberg spoke on two separate topics. The first was “Charter Adoption & Amendment,” and her presentation focused on both perennial issues of procedure and substance and those issues that are currently of particular interest.

In addition, Attorney Goldberg presented a “Primer on All Things CPA,” that is, she addressed numerous basic issues relating to the Community Preservation Act. These included the manner of local acceptance and rescission of the Act, exemptions and options, the sometimes misunderstood role of the Community Preservation Committee, and sources and uses of the appropriations that may be made for expenditures under the Act.

For additional information, see:

http://www.newenglandclerks.org/filestorage/121/155/2012_WinterConf.pdf

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January 25: Attorney Patricia A. Cantor was a faculty member for a third time at the MCLE seminar entitled “Zoning Practice: MCLE BasicsPlus!” held via webcast and on-site at the MCLE Conference Center, 10 Winter Place, Boston, from 9 AM until 5 PM. At this comprehensive seminar, Attorney Cantor summarized significant land use cases decided by the Supreme Judicial Court and Appeals Court in 2011.

For more information about this seminar, click on the News & Events link to the left, or see www.mcle.org.

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On January 18th, three of our Attorneys; Jack Dolan, Ilana Quirk and Jonathan Silverstein presented a webinar titled “What Municipalities need to know about the new Casino Legislation”. A PDF of the PowerPoint® presentation can be found here. You will need to download and install this player to access both the audio and slide portions of the webinar, which can be found here. You can find an Outline of the Expanded Gaming Act: Statutes of 2011, Chapter 194 (11/22/11) here.

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January 4: David J. Doneski appeared before the Supreme Judicial Court in an appeal challenging the ability of municipalities to seek and obtain information on public building construction bidders from sources other than the bidder’s certification file maintained by DCAM and the information listed in the bidder’s own update statement submitted with its bid, Barr, Inc. v. Town of Holliston. In 2010, the Superior Court ruled that a city or town’s review was not limited to those sources. When the plaintiff appealed to the Appeals Court, the Supreme Judicial Court transferred the case directly to its docket. The office of the Attorney General submitted an amicus brief on behalf of both the Attorney General and Inspector General, in support of the Town’s position.

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October and November 2011:

In October and November, four Kopelman and Paige, P.C. attorneys led six of the Citizen Planner Training Collaborative's Fall 2011 Workshops. As its name suggests, CPTC is a collaboration among the University of Massachusetts, planning organizations, and Regional Planning Authorities that provides a variety of training modules. These modules give practical and legal guidance to local planning and zoning boards and other municipal boards and officers with roles in the land use permitting process. These popular courses have been providing valuable training and support to the newly appointed and veteran individuals alike for many years and are offered during the Spring and Fall of each year. This year's Fall sessions prominently featured Kopelman and Paige, P.C. attorneys. More information about CPTC and its programs can be found online at http://www.umass.edu/masscptc/about.html

October 12 - David J. Doneski led a workshop on Special Permits & Variances, held at the office of the Martha's Vineyard Commission, 33 New York Avenue, Oak Bluffs. MIIA credit* was available for this workshop, which included discussion of the differences between Special Permits and Variances, as well as key timelines to follow in the decision-making process.

October 13 - Joel B. Bard presented the CPTC module entitled Introduction to Subdivision Control Law and ANR, held at the Pioneer Valley Planning Commission office, 60 Congress Street, 2nd Floor, Springfield. Attorney Bard covered the purposes of the law, responsibilities of boards under the law, adoption of subdivision regulations, and other related legal and procedural issues.

October 27 - Patricia A. Cantor provided training on the Roles and Responsibilities of Planning & Zoning Boards (Part 2) at 7 P.M. at Southeast Regional Planning & Economic Development District, 88 Broadway, Taunton. Workshop topics included Open Meeting, Public Records, and Conflict of Interest Laws, building on basic concepts outlined in Part 1 of this two-part series.

November, 2011 - Elizabeth A. ("Betsy") Lane led the following three workshops:

November 1 - Roles & Responsibilities of Planning and Zoning Boards (Part 1): 7 P.M. at Hingham Town Hall, 210 Central Street, Hingham. This was a Level 1 core course program designed to provide the support new appointees could use in learning their roles as local officials. Attorney Lane explained the functions of planning and zoning boards, with emphasis on their similarities and differences, and summarized the laws, procedures, and sources of information that constitute the main tools of planning and zoning.

November 2 - Writing Reasonable and Defensible Decisions: 7 P.M. at the office of Old Colony Planning Council, 70 School Street, Brockton. Attorney Lane explained the key points of writing clear and defensible decisions and conditions, focusing on the necessary content of land use permit decisions from a legal and practical perspective. This session highlighted the "do's and don'ts" of decision writing in understandable terms. MIIA credit* was available for this workshop.

November 10 - How to Hold a Perfect Public Hearing: 7 P.M. was held at the office of the Southeast Regional Planning & Economic Development District, 88 Broadway, Taunton. This CPTC module used a video presentation that Attorney Lane used to guide participants in understanding how to meet the legal requirements for a public hearing, including the requirements added by recent amendments to the Open Meeting Law, as well as tips for effective preparation for and conduct of a hearing, methods to maintain hearing decorum, and tips for drafting decisions.

*Individuals who attended MIIA credit workshops could earn credit for their towns under the MIIA Rewards Program for public officials' liability insurance.

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October 26: Attorney Lauren F. Goldberg was the featured speaker at the 2011 Fall Meeting of the Tri-County Clerks Association, where she gave a presentation on recent developments under the recently revised Open Meeting Law. The Association meeting, which included clerks from Plymouth, Bristol, and Norfolk counties, took place at 6:00 p.m. on Wednesday, October 26, 2011 at the Fireside Grille, 30 Bedford Street, Middleboro, MA.

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October: We are pleased to welcome the Towns of Becket and Sheffield in Berkshire County to our family of communities. Currently representing twelve communities in Berkshire County as Town Counsel and others as Special Counsel, we look forward to providing Becket and Sheffield with the same personalized service and level of expertise that we provide to all of our clients located throughout the Commonwealth. We currently represent cities and towns in every one of the 14 counties in the Commonwealth.

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September 14: Jay Tehan and Kay Doyle secured an important victory from the United States Court of Appeals for the First Circuit in Coscia v. Town of Pembroke. The Court of Appeals reversed a decision by the United States District Court for the District of Massachusetts. The Appeals Court ruled that individual Pembroke police officers did not violate a young man's right to due process under the U.S. Constitution. The young man had expressed suicidal thoughts while he was in custody following a single car crash. The police kept him safe while he was in custody. The day after he was released from custody, the young man committed suicide. His family sued, claiming the police should have sought medical attention for him while he was in custody and the failure to do so resulted in his suicide after his release. The Court determined that the police officers could not be held responsible for actions taken when the young man was no longer in their custody, unless the young man had a special relationship with the police or the police had placed him in a position of greater danger, and therefore did not violate the young man's right to due process. The young man's family has declared an intent to file a petition for writ of certiorari to the United States Supreme Court.

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June 28: Attorney John J. Goldrosen of our firm was a faculty member at the MCLE seminar entitled “Solving Waterfront Property Issues” held at the MCLE Conference Center, 10 Winter Place, Boston. For more information about this seminar, see www.mcle.org.

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June 28: Lauren Goldberg was a speaker at the MCLE seminar entitled “Freedom of Information & Public Records Law” held at 10 Winter Place, Boston. Attorney Goldberg presented on the topic of responses to public records requests as part of a three-person panel on the Public Records Law. For more information on this seminar, see www.mcle.org.

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June 16: Attorney Michele E. Randazzo of our firm was a conference co-chair of the Massachusetts Bar Association’s 5th Annual Public Law Conference on June 16. For more information about this seminar, see http://www.massbar.org/cle/cle-programs?k=2391&kp=2364.

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June 11: Attorney Lauren F. Goldberg was a presenter at the Massachusetts Municipal Association Leadership Conference for Selectmen, in Sutton, MA. She addressed a breakout session concerning major changes to the Conflict of Interest Law and the Public Records Law.

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June 10: Attorney Ilana M. Quirk was a speaker at the annual conference of the Massachusetts Association of Planning Directors, where she presented a review of recent court decisions of relevance and interest to planners. This conference was held at the Marriott Fairfield Inn & Suites in New Bedford, MA. For further information, see: www.apa-ma.org/events/mapd-conference.

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June 9: Attorney Lauren F. Goldberg was a presenter at the City and Town Clerks' Associations' Summer Conference in Falmouth, MA. In the morning, Attorney Goldberg addressed the topic of Parliamentary Procedure and provided an update on the Open Meeting Law. In the afternoon, she made a presentation on the Public Records Law.

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June 8: Kay Doyle and Jay Tehan secured a noteworthy victory for the Town of Amesbury on June 8, 2011 when the United States Court of Appeals for the First Circuit affirmed the judgment of the United States District Court for the District of Massachusetts in a difficult civil rights case. The plaintiff alleged that the Town of Amesbury had violated his right to free speech, assembly and petition for redress of grievances under the First Amendment to the United States Constitution and parallel provisions under the Massachusetts Declaration of Rights after banning him from the Amesbury Public Library for one year and restricting his access to other town facilities after staff made numerous complaints that the plaintiff had engaged in sexual harassment and other misconduct.

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June 2011: Attorney David J. Doneski's article entitled "Public Contracting - Lease or Building Construction? The Applicability of Construction Bidding Statutes to Procurement of Finished Building Space" has been published in the Massachusetts Law Review, Volume 93, No. 4. Click here to view article. It is a case comment on Brasi Development Corp. v. Attorney General, 456 Mass. 684 (2010).

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