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Article 8: Acceptance of Massachusetts General Law, Chapter 39, Section 23D |
To see if the Town will vote to accept, for all Town Boards, Committees or Commissions holding adjudicatory hearings in the Town, the provisions of Massachusetts General Law, Chapter 39, Section 23D, which provide that a member of a board, committee, or commission holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to a member’s absence from one session of such hearing, provided that certain conditions are met; or do or act relating thereto.
Sponsor: Planning Board
Summary: Currently, board members who miss a single session of a formal hearing that extends over several meetings are ineligible to vote on the matter being considered. This can be a source of delay or even require hearings to be conducted twice. An amendment to the state’s Open Meeting Law passed in May 2006 allows towns to accept a provision permitting board members who miss a single session of a hearing to participate in the decision- making process, provided the member reviews a video or audio tape or transcript of the missed proceeding.
Board of Selectmen Recommendation: Approved
Advisory Committee Recommendation: Approved
Vote Required: simple majority
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