HOUSE DOCKET, NO. 1886        FILED ON: 2/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1803

The Commonwealth of Massachusetts

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PRESENTED BY:

Aaron Michlewitz

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the Rose Kennedy Greenway.

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PETITION OF:

HOUSE DOCKET, NO. 1886        FILED ON: 2/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1803

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to the Rose Kennedy Greenway.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 306 of the Acts of 2008 is hereby amended by adding after subsection (b)(6) of Section 3 the following new subsection:-

(6A) The Board shall submit to the Leadership Council all said contracts and agreements for review and approval.

SECTION 2. Chapter 306 of the Acts of 2008 is hereby amended by adding the following section:-

SECTION 8A. All meetings of the board of directors shall be open to the public and any person shall be permitted to attend any meeting except as otherwise provided by this section.

No quorum of directors shall meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as provided by this section.

Nothing except the limitations contained in this section shall be construed to prevent the board of directors from holding a private meeting after an open meeting has convened and after a recorded vote has been taken to hold a private meeting. Private meetings may be held only for the following purposes:

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of an individual, provided that the board of director to be discussed in such private meeting has been notified in writing by the board of directors, at least forty-eight hours prior to the proposed private meeting. Notification may be waived upon agreement of the parties.

The board of directors shall hold an open meeting if the individual involved requests that the meeting be open. If a private meeting is held, such individual shall have the following rights:

(a) to be present at such private meeting during discussions or consideration which involve the individual.

(b) to have counsel or a representative of his own choosing present and attending for the purpose of advising said individual and not for the purpose of active participation in said private meeting.

(c) to speak on his own behalf.

(2) To consider the discipline or dismissal of, or to hear complaints or charges brought against a member of the board of directors provided that the individual involved in such private meeting has been notified in writing by the board of directors at least forty-right hours prior to the proposed private meeting. Notification may be waived upon agreement of the parties.  The board of directors shall hold and open meeting if the individual involved requests that the meeting be open. If a private meeting is held, such individual shall have the following rights:

(a) to be present at such private meeting during discussion or considerations which involve that individual.

(b) to have counsel or a representative of his own choosing  present and attending for the purpose of advising said individual and not for the purpose of active participation in said private meeting.

(c) to speak on his own behalf

(3) To investigate charges of criminal conduct or discuss the filing of criminal complaints.

(4) To comply with the provisions of any general or special law or federal grant-in aid requirements.

This section does not apply to any chance meeting or social meeting at which matters relating to official business are discussed so long as no final agreement is reached. No chance meeting or social meeting shall be used in circumvention of the spirit or requirements of this section to discuss or act upon a matter over which the board of directors has supervision, control, jurisdiction, or advisory power.

Except in an emergency, a notice of every meeting of the board of directors subject to this section shall be filed with the secretary of state, and a copy thereof poster in the office of the executive officer for administration and finance at least forty-eight hours, including Saturdays but not Sundays and legal holidays, prior to the time of such meeting. The notice shall be printed in easily readable type and shall include the date, time, and place of such meeting. Such filing and posting shall be the responsibility of the officer calling such meeting.

The board of directors shall maintain accurate records of its meeting, setting forth the date, time, place, and members present or absent and action taken at each meeting, including private meetings. The records of each meeting shall become a public record and be available to the public; provided, however, that the record of any private meeting may remain secret so long as publication my defeat the lawful purposes of the private session, but no longer. All votes taken in private meetings shall become a part of the record of said private meeting. No votes taken in open meetings shall be by secret ballot.

A meeting of the board of directors may be recorded by any person in attendance by means of a tape recorder or any other mean of sonic reproduction except when a meeting is held in private provided, that in such recording there is no active interference with the conduct of the meeting.

The attorney general shall enforce the provisions of this section.

Upon proof of failure by the board of directors thereof to carry out any of the provisions of this section, any justice of the supreme judicial court or any justice of the superior court sitting in the county in which the board of directors customarily meets or in the absence of such sitting court then any justice of the superior court in Suffolk County shall issue an appropriate order requiring the board of directors to carry out such provisions at future meetings. Any such order may be sought by complaint of three or more registered voters, by the attorney general, or by the district attorney in Suffolk County. The order of notice on the complaint shall be heard no later than ten days after the filing thereof on such day thereafter as the court shall fix, having regard to the speediest possible determination of the cause consistent with the rights of the parties; provided, however, that orders with respect to any of the matter referred to in this section may be issued at any time on or after the filing of complaint without notice when such order is necessary to fulfill the purposes of this section. In the hearing of such complaint the burden shall be on the respondent to show by preponderance of the evidence that the actions claimed of in such complaint were in accordance with and authorized by this section.  All processes may be issued from the clerk’s office in Suffolk County and, except as aforesaid, shall be returnable as court orders.

Such order may invalidate any action taken at any meeting which any provision of this section has been violated, provided that such complaint is filed within twenty-one days of the date when such action is made public.

Any such order may also, when appropriate, require the records of any such meeting to be made public unless it shall have been determined by such justice that the maintenance of secrecy with respect to such records is authorized. The remedy hereby created is not exclusive, but shall be in addition to every other available remedy.

Upon proof of failure by the board of directors thereof to carry out any of the provisions of this section, funds from the Central Artery and Statewide Road and Bridge Infrastructure Fund may be withheld until proof of compliance.

Such order may also include a civil fine against the board of directors in an amount no greater than one thousand dollars for each meeting held in violation of this section.

SECTION 3. Chapter 306 of the Acts of 2008 is hereby further amended by adding at the end of Section 9 the following new section:-

SECTION 9A. The council shall review contracts and agreements submitted by the board and shall vote to approve or disapprove said contracts by a majority vote.

x. The board of directors shall submit the annual budget to the council no later than May 1st before the beginning of each fiscal year. The council shall have until the third Friday of May to review the budget and shall vote to approve or disapprove the budget in its entirety by a majority vote of said council. The Council shall have no authority to amend said budget. If the council rejects the budget the board of directors shall resubmit an amended budget by the last Friday of May with their reasons in writing for any changes for approval of the council.  The council shall have one week from the date of resubmission to review and approve or disapprove said budget by majority vote.

The board shall supply documentation upon request of the council.

Upon rejection of said budget the Council may/shall submit in writing to board the reasons for its rejection and any recommendations that they feel necessary.

Upon resubmitting the budget to the Council the Board shall respond to the Council’s written objections in writing.

If upon the beginning of the fiscal year a final budget has not been approved the conservancy shall be funded at the previous fiscal year’s budgetary level. 

SECTION 3. Chapter 306 of the Acts of 2008 in Section 12 is herby amended by striking out the figures “$5,500,000” and inserting in place thereof the figures”$4,000,000”.

SECTION 4. Chapter 306 of the Acts of 2008 is herby amended in Section 14 by striking out the figures “2012” and inserting in place thereof the figures “2017”.