Product Description

Recent updates:

• Update: April 2022

  Dear Subscriber:

  Thank you for updating your reference library with the 2022 Supplement to Massachusetts Municipal Law. This latest version brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many developments reflected in this supplement include

  • state preemption of a municipal bylaw restricting medical marijuana dispensaries;

  • actions taken by municipalities and municipal lawyers in response to the COVID-19 pandemic;

  • recent case law fleshing out the U.S. Supreme Court's opinion that federal law preempts state or local law only if the federal law is "best read as one that regulates private actors," Murphy v. Nat'l Collegiate Athletic Ass'n, 138 S. Ct. 1461 (2018);

  • the standards applied to arrests and use of force by police officers;

  • a decision addressing whether claims arising out of an arrest are collaterally estopped as a result of the arrestee's subsequent criminal convictions;

  • public employees' claims of retaliation for protected speech on matters of public concern;

  • actions brought under the Massachusetts Civil Rights Act;

  • the scope of the doctrine of common law immunity as applied to the actions of government employees;

  • decisions of the Commonwealth Employment Relations Board addressing the permissible scope of public employee union and management activity;

  • developing law on the operation of cannabis cultivation and retail operations;

  • numerous efforts by state and local governments to enhance resilience to climate change;

  • other important environmental decisions and initiatives in the areas of water pollution, cleanup of contaminated properties, Article 97 (concerning lands and easements acquired for conservation purposes), and environmental justice;

  • adaptation of the Open Meeting Law in response to the COVID-19 pandemic;

  • challenges to the validity of state statutes and regulations;

  • recent developments in the law governing takings by eminent domain; and

  • a Supreme Judicial Court decision on the effect of prior public disclosure on claims brought under the Massachusetts False Claims Act.

  We trust you will find this latest version of Massachusetts Municipal Law an invaluable resource for your busy practice.

  Cordially,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: February 2020

  Dear Subscriber:

  Thank you for updating your reference library with the 2020 Supplement to Massachusetts Municipal Law . This latest version brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions.

  Highlights from the many developments reflected in this supplement include

  • a new chapter addressing the zoning implications of the state's recently enacted laws on marijuana sale and use;

  • information on the number of cities and towns in Massachusetts and on selected local election practices;

  • amendments to the Massachusetts Rules of Professional Conduct, with particular attention to Rule 1.7 (addressing conflicts arising from multiple representation) and Rule 4.2 (addressing attorneys' communications with officials and employees);

  • the Supreme Court's assessment of the free appropriate public education (FAPE) standard in Endrew F. v. Douglas County School District RE-1;

  • guidance from the U.S. Court of Appeals for the First Circuit on what constitutes a "prevailing party" for purposes of recovering attorney fees in special education disputes;

  • amendments to the rules governing bidding and selection of designers for public construction contracts;

  • information on municipalities' imposition of taxes, fees, and charges—including local option excises on room occupancy, aviation fuel, meals, and retail sales of marijuana for adult use—as well as borrowing practices;

  • extensive developments in the case law affecting actions against municipalities for civil rights violations;

  • important changes in Massachusetts environmental regulations;

  • an expanded discussion of amended state public records statutes, addressing the role of the records access officer, distinguishing between the duties of agencies and municipalities, and defining the scope of applicable exemptions;

  • restrictions on political activity by municipal employees;

  • guidance on compliance with the open meeting law; and

  • standards for protecting data containing personal information.

  We trust you will find this latest version of Massachusetts Municipal Law an invaluable resource for your busy practice.

  Cordially,

  John M. Lawlor, Esq., MCLE Publications Attorney

• Update: December 2015

  Dear Subscriber:

  Thank you for choosing to keep up-to-date with municipal law and practice by purchasing this 2015 edition of Massachusetts Municipal Law . Inside, you will find hundreds of interesting updates, including the following:

  • Collective Bargaining See Chapter 9 for extended discussion and recent case law pertaining to the procedural aspects of collective bargaining as they affect municipalities. The chapter includes discussion of clarification and amendment petitions and self-determination or add-on elections. Six decisions from 2014 have been added to the chapter.

  • Liquor Licensing See Chapter 15 for new information on appeals of decisions of the local licensing authority to suspend or revoke an entertainment license, and the effect of a grant of stay of enforcement.

  • Telecommunications and Wireless See Chapter 18 for reports on several major recent developments in federal telecommunications law and regulation as they impact municipal officials and others. That chapter also contains interesting updates on the topic of net neutrality.

  • Massachusetts False Claims Act See Chapter 31 for new perspectives on recent developments in the legislative history of the Massachusetts False Claims Act.

  • Criminal Offender Records Law (CORI) A new Chapter (Chapter 34) has been added to your volume, to provide you with a briefing on municipal employers' responsibilities with regard to CORI law in Massachusetts.

  We at MCLE trust that you will find this information useful in your municipal law practice, and valuable in keeping your law library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Municipal Home Rule in Massachusetts

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Marilyn Contreas,
Robert W. Ritchie, Esq.,

Chapter 2 expand

Forms of Municipal Government and Methods of Governance

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Marilyn Contreas,
Robert W. Ritchie, Esq.,

Chapter 3 expand

The Municipal Attorney—A Community’s Chief Legal Officer

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James B. Lampke, Esq., LampkeLaw LLC

Exhibit 3A

- Examples of Local Ordinances and Bylaws Pertaining to a Municipal Law Department Buy Form

Exhibit 3B

- Supreme Judicial Court Rule 3:03—Legal Assistance to the Commonwealth and to Indigent Criminal Defendants, and to Indigent Parties in Civil Proceedings Buy Form

Exhibit 3C

- Reserved

Exhibit 3D

- Representative List of Seminars Offered by the Massachusetts Municipal Lawyers Association (MMLA) (Not Including Programs at Each Annual Weekend Meeting) Buy Form

Exhibit 3E

- Partial List of Cases in Which MMLA (formerly CSTC) Filed Amicus Briefs Buy Form

Exhibit 3F

- Selected Advisories and Opinions from the State Ethics Commission Buy Form

Exhibit 3G

- Conflict of Interest Law Opinion Re: Shared or Joint Representation Buy Form

Chapter 4 expand

Unique Representation Issues in the Municipal Context

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Arthur J. Goldberg, Esq.,

Chapter 5 expand

The Relationship Between the Federal Government and Local Government

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Paul Myer Kominers, Esq., Anderson Kreiger LLP
Mina Makarious, Esq., Anderson Kreiger LLP

Chapter 6 expand

Municipal Finance and Tax

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Kathleen Colleary, Esq., Department of Revenue, Commonwealth of Massachusetts (Ret.)

Chapter 7 expand

Civil Rights Claims Against Municipalities

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Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten LLP
Leonard H. Kesten, Esq., Brody, Hardoon, Perkins & Kesten LLP
Francesca M. Papia, Esq., Brody, Hardoon, Perkins & Kesten LLP

Chapter 8 expand

School Law

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Nancy J. Campany, Esq., Murphy, Lamere & Murphy, PC
Michelle Allaire McNulty, Esq., Murphy, Lamere & Murphy, PC
Paige L. Tobin, Esq., Murphy, Lamere & Murphy, PC

Chapter 9 expand

Public Employee Collective Bargaining

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John M. Collins, Esq., Collins & Associates

Exhibit 9A

- Mandatory Subjects of Bargaining Buy Form

Exhibit 9B

- Examples of Nonmandatory Subjects of Bargaining Buy Form

Exhibit 9C

- Decisions Addressing Repudiation of Contract Buy Form

Exhibit 9D

- Decisions Addressing Unilateral Change Buy Form

Exhibit 9E

- Examples of Disputes Involving Impact Bargaining Buy Form

Chapter 10 expand

Land Use Considerations for Cannabis Business Development

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Valerio G. Romano, Esq., VGR Law Firm LLC

Checklist 10.1

- Steps for Identifying Potential Zoning Issues Relative to Cannabis Business Zoning Buy Form

Checklist 10.2

- Steps for Adopting or Amending Unfavorable Zoning Ordinances or Bylaws Relative to Cannabis Business Zoning Buy Form

Chapter 11 expand

Chapter 30B, the Uniform Procurement Act: The Basics

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Joseph M. Cook, Esq., City of Northampton, Law Department

Chapter 12 expand

Secrets to a Successful Public Construction Project

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Jane E. Estey, Esq., Horsley Witten Group, Inc.
Christopher J. Petrini, Esq., Petrini & Associates, PC

Chapter 13 expand

Municipal Real Estate Transactions

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Ethan Blair Dively, Esq., Miyares and Harrington LLP
Christopher H. Heep, Esq., Miyares and Harrington LLP
Jennie M. Merrill, Esq., Miyares and Harrington LLP
Jonathan E. Simpson, Esq., Brookline, Town of/Town Counsel

Chapter 14 expand

Environmental Issues

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Gregor I. McGregor, Esq., McGregor Legere & Stevens PC

Chapter 15 expand

Alcohol and Entertainment Licensing at the Local Level

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Henry C. Luthin, Esq., Boston, City of/Law Department
Ira H. Zaleznik, Esq., Lawson & Weitzen LLP

Exhibit 15A

- Notice to All Retail Licensees (Sept. 28, 2004) Buy Form

Chapter 16 expand

Gifts and Other Charitable Dispositions to the Municipal Corporation

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Joseph C. Cove, Esq.,

Chapter 17 expand

Insurance Coverage for Municipalities

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Deborah I. Ecker, Esq., KP Law, PC
Lauren F. Goldberg, Esq., KP Law, PC

Chapter 18 expand

Municipal Regulation of Telecommunications in the Public Way

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William August, Esq., Epstein & August LLP
William H. Solomon, Esq., Attorney Solomon Associates

Chapter 19 expand

Public Records

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Manza B. Arthur, Esq.,

Chapter 20 expand

Municipal Election Administration and Campaign Finance

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Lauren F. Goldberg, Esq., KP Law, PC
Brian W. Riley, Esq., KP Law, PC
Michelle K. Tassinari, Esq., Office of the Secretary of State, Elections Division

Exhibit 20A

- Candidate’s Statement for Preliminary Nomination Papers in Accordance with G.L. c. 43, § 44C Buy Form

Exhibit 20B

- Petition Accompanying the Statement of Candidate in Accordance with G.L. c. 43, § 44C Buy Form

Exhibit 20C

- G.L. c. 41, § 109: Resignation; Notice; Residence Requirements Buy Form

Exhibit 20D

- Chapter 41, § 1B: Appointed Town Offices and Boards; Acceptance by Voters Buy Form

Exhibit 20E

- Chapter 225 of the Acts of 2000 Buy Form

Exhibit 20F

- Chapter 126 of the Acts of 1998 Buy Form

Exhibit 20G

- Chapter 5 of the Acts of 1999 Buy Form

Exhibit 20H

- Chapter 32 of the Acts of 1999 Buy Form

Exhibit 20I

- Examples of Appointed Official Attendance Bylaws Buy Form

Exhibit 20J

- Code of the Town of Chelmsford § 2-5 Buy Form

Exhibit 20K

- Charter of the Town of Swampscott § 2-5A Buy Form

Exhibit 20L

- G.L. c. 59, § 21C(m); Limitations on Total Taxes Assessed; Determination by Voters Buy Form

Exhibit 20M

- G.L. c. 43A, § 10 and Sample Referenda Procedures Buy Form

Exhibit 20N

- Town of Southbridge Home Rule Charter § 11 Buy Form

Exhibit 20O

- Town of Douglas General Bylaws Article I, Section 3 Buy Form

Exhibit 20P

- Chapter 89 of the Acts of 1998 Buy Form

Chapter 21 expand

Streets and Ways

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Stephen Bartlett, Esq., Foley Hoag LLP
Jeffrey B. Mullan, Esq., Foley Hoag LLP

Chapter 22 expand

Municipal Civil Service Law

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Michele M. Heffernan, Esq., Human Resources Division, Commonwealth of Massachusetts
Melinda T. Willis, Esq., Commonwealth of Ma, Deputy General Counsel, Human Resources Division

Chapter 23 expand

Bankruptcy: Municipality as a Creditor

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John D. Finnegan, Esq., Hill Law
Robert J. Kerwin, Esq.,

Exhibit 23A

- Common Issues Litigated with Municipalities in the Bankruptcy Court Buy Form

Chapter 24 expand

The Conflict of Interest Law and Municipal Attorneys

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Eve Slattery,

Chapter 25 expand

Municipal Code Enforcement

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Donna M. Brewer, Esq., Miyares and Harrington LLP
Alexandra Rubin, Esq., Miyares and Harrington LLP

Exhibit 25A

- Application in Support of an Application for an Administrative Warrant Buy Form

Chapter 26 expand

Open Meeting Law

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Thomas A. Mullen, Esq., Thomas A. Mullen, PC

Chapter 27 expand

Defending Against Challenges to State Statutes and Regulations

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Eric Haskell, Esq., Middlesex District Attorney's Office, Commonwealth of Massachusetts
Robert L. Quinan, Jr., Esq., Civil Service Commission, Commonwealth of Massachusetts

Exhibit 27A

- Questions to Ponder Before Challenging a Regulation Buy Form

Exhibit 27B

- Tips on Drafting Bylaws and Ordinances Buy Form

Chapter 28 expand

Emerging Standards for Compliance with Chapters 93H and 93I

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Linda M. Hamel, Esq., Commonwealth Health Insurance Connector Authority

Chapter 29 expand

Land Use Regulations

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Jonathan G. Murray, Esq., KP Law, PC
Barbara J. Saint Andre, Esq., Community and Economic Development Department, Town of Medway
Jonathan D. Witten, Esq., KP Law, PC

Chapter 30 expand

Eminent Domain Law in Massachusetts—Municipal Issues

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Mark S. Bourbeau, Esq., Drohan, Tocchio & Morgan, PC
Jeffery A. Tocchio, Esq., Drohan, Tocchio & Morgan, PC

Chapter 31 expand

Massachusetts False Claims Act

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Julia Bell Andrus, Esq., Department of Children and Families, Central Office, Commonwealth of Mass
Cassandra H. Arriaza, Esq.,

Chapter 32 expand

Unfunded Mandates and the Local Law

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Sophia A. Apostola, Esq., Massachusetts Department of Public Health/General Counsel's Office

Chapter 33 expand

Professional Ethics

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Christine P. Deshler, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 34 expand

What Access Do Employers Have to CORI?

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Georgia K. Critsley, Esq., Executive Office of the Trial Court, Commonwealth of Massachusetts
Agapi Koulouris, Esq., Dept. of Criminal Justice Information Services, Commonwealth of Massachusetts

Exhibit 34A

- Summary of CORI Access Buy Form

Exhibit 34B

- Individual Registration Guide Buy Form

Exhibit 34C

- Organization Registration Guide Buy Form

Exhibit 34D

- Advocate/Attorney CORI Request and Affidavit of Indigency Buy Form

Exhibit 34E

- Attorney Request to Access CORI Buy Form

Exhibit 34F

- Model CORI Policy Buy Form

Exhibit 34G

- CORI Acknowledgment Form Buy Form

Exhibit 34H

- DCJIS Updates to Regulations Summary Buy Form

Exhibit 34I

- Complaint Form: Incorrect CORI Buy Form

Exhibit 34J

- Complaint Form: CORI Regulatory Violations Buy Form

Exhibit 34K

- Complaint Form: Improper Access or Dissemination of CORI Buy Form

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