Massachusetts Municipal Law
Expert guidance on municipal matters

- Product Number: 2020294B00
- Publication Date: 4/26/2022
- Edition: 2nd Edition 2015, with 2020 & 2022 Supplements
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
Massachusetts Municipal Law is the first manual of its type in Massachusetts to combine an explanation of the many statutory and regulatory sources and judicial decisions with clear practice tips, informing both the generalist and the specialist on what makes a city or town tick. A practical, comprehensive treatment of a variety of issues facing towns and cities today—an indispensable desk reference!
Recent updates:
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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
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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
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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
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Update: April 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandMunicipal Home Rule in Massachusetts
Buy ChapterChapter 2 expandForms of Municipal Government and Methods of Governance
Buy ChapterChapter 3 expandThe Municipal Attorney—A Community’s Chief Legal Officer
Buy ChapterExhibit 3A
- Examples of Local Ordinances and Bylaws Pertaining to a Municipal Law Department Buy FormExhibit 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 FormExhibit 3C
- ReservedExhibit 3D
- Representative List of Seminars Offered by the Massachusetts Municipal Lawyers Association (MMLA) (Not Including Programs at Each Annual Weekend Meeting) Buy FormExhibit 3E
- Partial List of Cases in Which MMLA (formerly CSTC) Filed Amicus Briefs Buy FormExhibit 3F
- Selected Advisories and Opinions from the State Ethics Commission Buy FormExhibit 3G
- Conflict of Interest Law Opinion Re: Shared or Joint Representation Buy FormChapter 4 expandUnique Representation Issues in the Municipal Context
Buy ChapterChapter 5 expandThe Relationship Between the Federal Government and Local Government
Buy ChapterChapter 6 expandMunicipal Finance and Tax
Buy ChapterChapter 7 expandCivil Rights Claims Against Municipalities
Buy ChapterChapter 8 expandSchool Law
Buy ChapterChapter 9 expandPublic Employee Collective Bargaining
Buy ChapterExhibit 9A
- Mandatory Subjects of Bargaining Buy FormExhibit 9B
- Examples of Nonmandatory Subjects of Bargaining Buy FormExhibit 9C
- Decisions Addressing Repudiation of Contract Buy FormExhibit 9D
- Decisions Addressing Unilateral Change Buy FormExhibit 9E
- Examples of Disputes Involving Impact Bargaining Buy FormChapter 10 expandLand Use Considerations for Cannabis Business Development
Buy ChapterChapter 11 expandChapter 30B, the Uniform Procurement Act: The Basics
Buy ChapterChapter 12 expandSecrets to a Successful Public Construction Project
Buy ChapterChapter 13 expandMunicipal Real Estate Transactions
Buy ChapterChapter 14 expandEnvironmental Issues
Buy ChapterChapter 15 expandAlcohol and Entertainment Licensing at the Local Level
Buy ChapterExhibit 15A
- Notice to All Retail Licensees (Sept. 28, 2004) Buy FormChapter 16 expandGifts and Other Charitable Dispositions to the Municipal Corporation
Buy ChapterChapter 17 expandInsurance Coverage for Municipalities
Buy ChapterChapter 18 expandMunicipal Regulation of Telecommunications in the Public Way
Buy ChapterChapter 19 expandPublic Records
Buy ChapterChapter 20 expandMunicipal Election Administration and Campaign Finance
Buy ChapterExhibit 20A
- Candidate’s Statement for Preliminary Nomination Papers in Accordance with G.L. c. 43, § 44C Buy FormExhibit 20B
- Petition Accompanying the Statement of Candidate in Accordance with G.L. c. 43, § 44C Buy FormExhibit 20C
- G.L. c. 41, § 109: Resignation; Notice; Residence Requirements Buy FormExhibit 20D
- Chapter 41, § 1B: Appointed Town Offices and Boards; Acceptance by Voters Buy FormExhibit 20E
- Chapter 225 of the Acts of 2000 Buy FormExhibit 20F
- Chapter 126 of the Acts of 1998 Buy FormExhibit 20G
- Chapter 5 of the Acts of 1999 Buy FormExhibit 20H
- Chapter 32 of the Acts of 1999 Buy FormExhibit 20I
- Examples of Appointed Official Attendance Bylaws Buy FormExhibit 20J
- Code of the Town of Chelmsford § 2-5 Buy FormExhibit 20K
- Charter of the Town of Swampscott § 2-5A Buy FormExhibit 20L
- G.L. c. 59, § 21C(m); Limitations on Total Taxes Assessed; Determination by Voters Buy FormExhibit 20M
- G.L. c. 43A, § 10 and Sample Referenda Procedures Buy FormExhibit 20N
- Town of Southbridge Home Rule Charter § 11 Buy FormExhibit 20O
- Town of Douglas General Bylaws Article I, Section 3 Buy FormExhibit 20P
- Chapter 89 of the Acts of 1998 Buy FormChapter 21 expandStreets and Ways
Buy ChapterChapter 22 expandMunicipal Civil Service Law
Buy ChapterChapter 23 expandBankruptcy: Municipality as a Creditor
Buy ChapterExhibit 23A
- Common Issues Litigated with Municipalities in the Bankruptcy Court Buy FormChapter 24 expandThe Conflict of Interest Law and Municipal Attorneys
Buy ChapterChapter 25 expandMunicipal Code Enforcement
Buy ChapterExhibit 25A
- Application in Support of an Application for an Administrative Warrant Buy FormChapter 26 expandOpen Meeting Law
Buy ChapterChapter 27 expandDefending Against Challenges to State Statutes and Regulations
Buy ChapterChapter 28 expandEmerging Standards for Compliance with Chapters 93H and 93I
Buy ChapterChapter 29 expandLand Use Regulations
Buy ChapterChapter 30 expandEminent Domain Law in Massachusetts—Municipal Issues
Buy ChapterChapter 31 expandMassachusetts False Claims Act
Buy ChapterChapter 32 expandUnfunded Mandates and the Local Law
Buy ChapterChapter 33 expandProfessional Ethics
Buy ChapterChapter 34 expandWhat Access Do Employers Have to CORI?
Buy ChapterExhibit 34A
- Summary of CORI Access Buy FormExhibit 34B
- Individual Registration Guide Buy FormExhibit 34C
- Organization Registration Guide Buy FormExhibit 34D
- Advocate/Attorney CORI Request and Affidavit of Indigency Buy FormExhibit 34E
- Attorney Request to Access CORI Buy FormExhibit 34F
- Model CORI Policy Buy FormExhibit 34G
- CORI Acknowledgment Form Buy FormExhibit 34H
- DCJIS Updates to Regulations Summary Buy FormExhibit 34I
- Complaint Form: Incorrect CORI Buy FormExhibit 34J
- Complaint Form: CORI Regulatory Violations Buy FormExhibit 34K
- Complaint Form: Improper Access or Dissemination of CORI Buy Form - Editors & Authors