Product Description

Recent updates:

• Update: February 2023

  Dear Subscriber:

  Thank you for choosing to keep your copy of Massachusetts Nonprofit Organizations up to date with this 2023 revised edition. The following highlighted topics represent only a small percentage of the new material added to the title this year.

  • Cat's paw claim. See chapter 7 for a 2022 case cite and an explanation of this term in the context of employment discrimination based on evidence that a corporate reduction in force was tainted by age bias.

  • Crown Act. Chapter 7 also discusses a 2022 enactment designed to provide antidiscrimination protections by expanding the definition of race.

  • Dissolution of a Massachusetts charitable corporation. See chapter 13's new exhibit, which reflects materials from the Office of the Attorney General.

  • Medicaid. See chapter 14 for discussion of the Commonwealth's current Section 1115 Demonstration Extension (Project Number II-W-00030/I), approved September 28, 2022, and effective October 1, 2022, through December 31, 2027. The chapter lists key components of the waiver.

  • Determination of need. Chapter 14 cites the three instances, per 105 C.M.R. s. 100.726, where substantial capital expenditures and substantial changes in service related solely to research may require a determination of need (DoN). The chapter also lists project categories set forth by the DoN regulations that are subject to delegated review and final action by the commission of the DPH.

  • Mergers in the health-care industry. See chapter 14 for discussion of Vertical Merger Guidelines , meant to outline and describe theories of antitrust harm from vertical transactions. While these guidelines were withdrawn by the Federal Trade Commission shortly in 2022, the FTC and the Department of Justice solicited public comment in 2022 on how the agencies could modernize merger enforcement. The chapter notes that a draft of new merger guidelines had been expected by 2023.

  • Limited liability entities. See chapter 3 for a review of recent formal guidance with regard to the recognition of LLCs as 501(c)(3) entities.

  We at MCLE trust that you will find this new material practice to be useful in your practice and valuable in maintaining your law library..

  Cordially,

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

Table of Contents

Chapter 01 expand

Municipal Home Rule in Massachusetts

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Marilyn Contreas,
Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General

Chapter 02 expand

Forms of Municipal Government and Methods of Governance

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Marilyn Contreas,
Robert W. Ritchie, Esq., Formerly Massachusetts Assistant Attorney General

Chapter 03 expand

The Municipal Attorney—A Community’s Chief Legal Officer

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James B. Lampke, Esq., Lampke & Lampke

Exhibit 3A

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

Exhibit 3B

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

Exhibit 3C

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

Exhibit 3D

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

Exhibit 3E

- Representative List of Recent Seminars Offered by the Massachusetts Municipal Lawyers Association (MMLA) Buy Form

Exhibit 3F

- Partial List of Cases in Which MMLA Filed Amicus Briefs Buy Form

Chapter 04 expand

Unique Representation Issues in the Municipal Context

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Arthur J. Goldberg, Esq.,

Chapter 05 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 06 expand

Municipal Finance and Tax

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Kathleen Colleary, Esq., Retired, Division of Local Services, MA Department of Revenue

Chapter 07 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 08 expand

School Law

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Joanne Agnoli, Robinson Donovan, PC
Nancy J. Campany, Esq., Murphy, Lamere & Murphy, PC
Michelle Allaire McNulty, Esq., Murphy, Lamere & Murphy, PC

Chapter 09 expand

Public Employee Collective Bargaining

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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

Chapter 30B, the Uniform Procurement Act: The Basics

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

Chapter 11 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 12 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 13 expand

Environmental Issues

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

Chapter 14 expand

Alcohol and Entertainment Licensing at the Local Level

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

Exhibit 14A

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

Chapter 15 expand

Gifts and Other Charitable Dispositions to the Municipal Corporation

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Joseph C. Cove, Esq.,

Chapter 16 expand

Insurance Coverage for Municipalities

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

Chapter 17 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 18 expand

Public Records

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Manza B. Arthur, Esq.,

Chapter 19 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 the Commonwealth, Elections Division

Exhibit 19A

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

Exhibit 19B

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

Exhibit 19C

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

Exhibit 19D

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

Exhibit 19E

- Chapter 225 of the Acts of 2000 Buy Form

Exhibit 19F

- Chapter 126 of the Acts of 1998 Buy Form

Exhibit 19G

- Chapter 5 of the Acts of 1999 Buy Form

Exhibit 19H

- Chapter 32 of the Acts of 1999 Buy Form

Exhibit 19I

- Examples of Appointed Official Attendance Bylaws Buy Form

Exhibit 19J

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

Exhibit 19K

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

Exhibit 19L

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

Exhibit 19M

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

Exhibit 19N

- Town of Southbridge Home Rule Charter § 11 Buy Form

Exhibit 19O

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

Exhibit 19P

- Chapter 89 of the Acts of 1998 Buy Form

Chapter 20 expand

Streets and Ways

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

Chapter 21 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 22 expand

Bankruptcy: Municipality as a Creditor

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

Exhibit 22A

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

Chapter 23 expand

The Conflict of Interest Law and Municipal Attorneys

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Eve Slattery,

Chapter 24 expand

Municipal Code Enforcement

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Andrew N. Bettinelli, Esq., Harrington Heep LLP
Donna M. Brewer, Esq., Harrington Heep LLP

Exhibit 24A

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

Chapter 25 expand

The Open Meeting Law

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

Chapter 26 expand

Defending Against Challenges to State Statutes and Regulations

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Eric Haskell, Esq., Middlesex Superior Court, Commonwealth of Massachusetts
Robert L. Quinan, Jr., Esq., Civil Service Commission, Commonwealth of Massachusetts

Exhibit 26A

- Tips on Drafting Bylaws and Ordinances Buy Form

Exhibit 26B

- Questions to Ponder Before Challenging a Regulation Buy Form

Chapter 27 expand

Emerging Standards for Compliance with Chapters 93H and 93I

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Linda M. Hamel, Esq., Massachusetts Health Connector

Chapter 28 expand

Land Use Regulations

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

Chapter 29 expand

Land Use Considerations for Cannabis Business Development

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

Checklist 29.1

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

Checklist 29.2

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

Exhibit 29A

- G.L. c. 40A, § 5: Adoption or Change of Zoning Ordinances or By-laws; Procedure Buy Form

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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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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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

- Complaint Form: Incorrect CORI Buy Form

Exhibit 34I

- Complaint Form: CORI Regulatory Violations Buy Form

Exhibit 34J

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

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