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Massachusetts Municipal Law

Expert guidance on municipal matters

Product Number: 2020294B00
Publication Date: 2/24/2020
Edition: 2nd Edition 2015, with 2020 Supplement
Copyright: © 2020 MCLE, Inc.
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Massachusetts Municipal Law

Expert guidance on municipal matters

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Print Book 1628 pages in 2 volumes (printed book) with downloadable forms Note: For print books, with MCLE's supplementation service, new supplements and revisions are mailed automatically with an invoice. If you do not want to subscribe, please check the opt out option during checkout.

eBook 1745 pages (ebook); available in PDF, ePUB, or MOBI format

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See Table of Contents below to purchase individual checklists and forms from this book. Price per exhibit: $25.00; Sponsor Members $22.50; New Lawyers $18.75

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:
- 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

Table of Contents
expand all

Chapter 1 expand

Municipal Home Rule in Massachusetts
Buy Chapter
Marilyn Contreas,
Robert W. Ritchie, Esq., Office of the Attorney General, Commonwealth of Massachusetts, (Ret.)

Chapter 2 expand

Forms of Municipal Government and Methods of Governance
Buy Chapter
Marilyn Contreas,
Robert W. Ritchie, Esq., Office of the Attorney General, Commonwealth of Massachusetts, (Ret.)

Chapter 3 expand

The Municipal Attorney—A Community’s Chief Legal Officer
Buy Chapter
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
Buy Chapter
Arthur J. Goldberg, Esq., City of Cambridge, Law Department

Chapter 5 expand

The Relationship Between the Federal Government and Local Government
Buy Chapter
Paul Myer Kominers, Esq., Appeals Court, Commonwealth of Massachusetts
Mina Makarious, Esq., Anderson Kreiger LLP
Tasha Marshall, Esq., Health Law Advocates, Inc.

Chapter 6 expand

Municipal Finance and Tax
Buy Chapter
Kathleen Colleary, Esq., Department of Revenue, Commonwealth of Massachusetts (Ret.)

Chapter 7 expand

Civil Rights Claims Against Municipalities
Buy Chapter
Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten LLP
Leonard H. Kesten, Esq., Brody, Hardoon, Perkins & Kesten LLP

Chapter 8 expand

School Law
Buy Chapter
Nancy J. Campany, Esq., Murphy, Lamere & Murphy, PC
Michelle Allaire McNulty, Esq., Murphy, Lamere & Murphy, PC
Matthew R. Tobin, Esq.,
Paige L. Tobin, Esq., Murphy, Lamere & Murphy, PC

Chapter 9 expand

Public Employee Collective Bargaining
Buy Chapter
John M. Collins, Esq., Collins & Associates
John M. Collins, Esq.,

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

Chapter 12 expand

Secrets to a Successful Public Construction Project
Buy Chapter
Jane E. Estey, Esq., Horsley Witten Group, Inc.
Christopher J. Petrini, Esq., Petrini & Associates, PC

Chapter 13 expand

Municipal Real Estate Transactions
Buy Chapter
Thomas J. Harrington, Esq., Miyares and Harrington LLP
Christopher H. Heep, Esq., Miyares and Harrington LLP
Jennie M. Merrill, Esq., Miyares and Harrington LLP
J. Raymond Miyares, Esq., Miyares and Harrington LLP
Jonathan E. Simpson, Esq., Brookline, Town of/Town Counsel

Chapter 14 expand

Environmental Issues
Buy Chapter
Gregor I. McGregor, Esq., McGregor & Legere, PC

Chapter 15 expand

Alcohol and Entertainment Licensing at the Local Level
Buy Chapter
Henry C. Luthin, Esq., Law Department, City of Boston
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
Buy Chapter
Joseph C. Cove, Esq.,

Chapter 17 expand

Insurance Coverage for Municipalities
Buy Chapter
Deborah I. Ecker, Esq., KP Law, PC
Tristan John Foley, Esq., Kenney & Sams, PC
Lauren F. Goldberg, Esq., KP Law, PC

Chapter 18 expand

Municipal Regulation of Telecommunications
Buy Chapter
William August, Esq., Epstein & August LLP
William H. Solomon, Esq.,

Chapter 19 expand

Public Records
Buy Chapter
Stephen W. Shorey, Esq., Public Records Division, Commonwealth of Massachusetts

Chapter 20 expand

Municipal Election Administration and Campaign Finance
Buy Chapter
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
Buy Chapter
Stephen Bartlett, Esq., Foley Hoag LLP
Jeffrey B. Mullan, Esq., Foley Hoag LLP

Chapter 22 expand

Municipal Civil Service Law
Buy Chapter
Michele M. Heffernan, Esq., Human Resources Division, Commonwealth of Massachusetts
Melinda T. Willis, Esq., Commonwealth of Ma, Labor Counsel, Human Resources Division

Chapter 23 expand

Bankruptcy: Municipality as a Creditor
Buy Chapter
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
Buy Chapter
Eve Slattery,

Chapter 25 expand

Municipal Code Enforcement
Buy Chapter
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
Buy Chapter
Thomas A. Mullen, Esq., Thomas A. Mullen, PC

Chapter 27 expand

Defending Against Challenges to State Statutes and Regulations
Buy Chapter
Robert L. Quinan, Jr., Esq., Office of the Attorney General, 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
Buy Chapter
Linda M. Hamel, Esq., Commonwealth Health Insurance Connector Authority
Stephanie M. Zierten, Esq., Federal Reserve Bank

Chapter 29 expand

Land Use Regulations
Buy Chapter
Barbara J. Saint Andre, Esq., Community and Economic Development Department, Town of Medway

Chapter 30 expand

Eminent Domain Law in Massachusetts—Municipal Issues
Buy Chapter
Mark S. Bourbeau, Esq., Drohan, Tocchio & Morgan, PC
Jeffery A. Tocchio, Esq., Drohan, Tocchio & Morgan, PC

Chapter 31 expand

Massachusetts False Claims Act
Buy Chapter
Julia Bell Andrus, Esq., Department of Children and Families, Central Office, Commonwealth of Mass
Cassandra H. Arriaza, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Chapter 32 expand

Unfunded Mandates and the Local Law
Buy Chapter
Sophia A. Apostola, Esq., Massachusetts Department of Public Health/General Counsel's Office

Chapter 33 expand

Professional Ethics
Buy Chapter
Christine P. Deshler, Esq., Office of Bar Counsel, Commonwealth of Massachusetts

Chapter 34 expand

What Access Do Employers Have to CORI?
Buy Chapter
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
Editors & Authors

Editor(s)

James B. Lampke, Esq., LampkeLaw LLC, Hingham

Robert W. Ritchie, Esq., Office of the Attorney General, Commonwealth of Massachusetts, (Ret.), Amherst

Author(s)

Julia Bell Andrus, Esq., Department of Children and Families, Central Office, Commonwealth of Mass, Boston

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

Cassandra H. Arriaza, Esq., Office of the Attorney General, Commonwealth of Massachusetts, Worcester

William August, Esq., Epstein & August LLP, Cambridge

Stephen Bartlett, Esq., Foley Hoag LLP, Boston

Mark S. Bourbeau, Esq., Drohan, Tocchio & Morgan, PC, Hingham

Donna M. Brewer, Esq., Miyares and Harrington LLP, Wellesley

Nancy J. Campany, Esq., Murphy, Lamere & Murphy, PC, Braintree

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

John M. Collins, Esq., Collins & Associates, Chilmark

Marilyn Contreas, Melrose

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

Emily D. Cousens, Esq., Danvers

Joseph C. Cove, Esq.,

Georgia K. Critsley, Esq., Executive Office of the Trial Court, Commonwealth of Massachusetts, Boston

Christine P. Deshler, Esq., Office of Bar Counsel, Commonwealth of Massachusetts, Boston

Thomas R. Donohue, Esq., Brody, Hardoon, Perkins & Kesten LLP, Boston

Deborah I. Ecker, Esq., KP Law, PC, Boston

Jane E. Estey, Esq., Horsley Witten Group, Inc., Sandwich

John D. Finnegan, Esq., Hill Law, Boston

Tristan John Foley, Esq., Kenney & Sams, PC, Boston

Arthur J. Goldberg, Esq., City of Cambridge, Law Department, Cambridge

Lauren F. Goldberg, Esq., KP Law, PC, Boston

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

Thomas J. Harrington, Esq., Miyares and Harrington LLP, Wellesley

Christopher H. Heep, Esq., Miyares and Harrington LLP, Wellesley

Michele M. Heffernan, Esq., Human Resources Division, Commonwealth of Massachusetts, Boston

Robert J. Kerwin, Esq., West Roxbury

Paul Myer Kominers, Esq., Appeals Court, Commonwealth of Massachusetts, Boston

Agapi Koulouris, Esq., Dept. of Criminal Justice Information Services, Commonwealth of Massachusetts, Chelsea

James B. Lampke, Esq., LampkeLaw LLC, Hingham

Henry C. Luthin, Esq., Law Department, City of Boston, Boston

Mina Makarious, Esq., Anderson Kreiger LLP, Boston

Tasha Marshall, Esq., Health Law Advocates, Inc., Boston

Vincent P. McCarthy, Esq., Office of the State Auditor, Commonwealth of Massachusetts, Boston

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

Michelle Allaire McNulty, Esq., Murphy, Lamere & Murphy, PC, Braintree

Jennie M. Merrill, Esq., Miyares and Harrington LLP, Wellesley

J. Raymond Miyares, Esq., Miyares and Harrington LLP, Wellesley

Jeffrey B. Mullan, Esq., Foley Hoag LLP, Boston

Christopher J. Petrini, Esq., Petrini & Associates, PC, Framingham

Robert L. Quinan, Jr., Esq., Office of the Attorney General, Commonwealth of Massachusetts, Boston

Brian W. Riley, Esq., KP Law, PC, Boston

Robert W. Ritchie, Esq., Office of the Attorney General, Commonwealth of Massachusetts, (Ret.), Amherst

Alexandra Rubin, Esq., Miyares and Harrington LLP, Wellesley

Barbara J. Saint Andre, Esq., Community and Economic Development Department, Town of Medway, Medway

Stephen W. Shorey, Esq., Public Records Division, Commonwealth of Massachusetts , Boston

Jonathan E. Simpson, Esq., Brookline, Town of/Town Counsel, Brookline

Eve Slattery, Cambridge

William H. Solomon, Esq., Stoneham

Michelle K. Tassinari, Esq., Office of the Secretary of State, Elections Division, Boston

Matthew R. Tobin, Esq.,

Paige L. Tobin, Esq., Murphy, Lamere & Murphy, PC, Braintree

Jeffery A. Tocchio, Esq., Drohan, Tocchio & Morgan, PC, Hingham

Melinda T. Willis, Esq., Commonwealth of Ma, Labor Counsel, Human Resources Division , Boston

Ira H. Zaleznik, Esq., Lawson & Weitzen LLP, Boston

Stephanie M. Zierten, Esq., Federal Reserve Bank, Boston

TOP

ALERT

Massachusetts Municipal Law

Expert guidance on municipal matters

Massachusetts Municipal Law

Expert guidance on municipal matters

Choose Format:

Product Description

Recent updates:

Table of Contents

Municipal Home Rule in Massachusetts

Forms of Municipal Government and Methods of Governance

The Municipal Attorney—A Community’s Chief Legal Officer

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Unique Representation Issues in the Municipal Context

The Relationship Between the Federal Government and Local Government

Municipal Finance and Tax

Civil Rights Claims Against Municipalities

School Law

Public Employee Collective Bargaining

Exhibit 9A

Exhibit 9B

Exhibit 9C

Exhibit 9D

Exhibit 9E

Land Use Considerations for Cannabis Business Development

Checklist 10.1

Checklist 10.2

Chapter 30B, the Uniform Procurement Act: The Basics

Secrets to a Successful Public Construction Project

Municipal Real Estate Transactions

Environmental Issues

Alcohol and Entertainment Licensing at the Local Level

Exhibit 15A

Gifts and Other Charitable Dispositions to the Municipal Corporation

Insurance Coverage for Municipalities

Municipal Regulation of Telecommunications

Public Records

Municipal Election Administration and Campaign Finance

Exhibit 20A

Exhibit 20B

Exhibit 20C

Exhibit 20D

Exhibit 20E

Exhibit 20F

Exhibit 20G

Exhibit 20H

Exhibit 20I

Exhibit 20J

Exhibit 20K

Exhibit 20L

Exhibit 20M

Exhibit 20N

Exhibit 20O

Exhibit 20P

Streets and Ways

Municipal Civil Service Law

Bankruptcy: Municipality as a Creditor

Exhibit 23A

The Conflict of Interest Law and Municipal Attorneys

Municipal Code Enforcement

Exhibit 25A

Open Meeting Law

Defending Against Challenges to State Statutes and Regulations

Exhibit 27A

Exhibit 27B

Emerging Standards for Compliance with Chapters 93H and 93I

Land Use Regulations

Eminent Domain Law in Massachusetts—Municipal Issues

Massachusetts False Claims Act

Unfunded Mandates and the Local Law

Professional Ethics

What Access Do Employers Have to CORI?

Exhibit 34A

Exhibit 34B