HOUSE DOCKET, NO. 1845        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2740

The Commonwealth of Massachusetts

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PRESENTED BY:

David Paul Linsky and Alice Hanlon Peisch

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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 promoting governmental efficiency.

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PETITION OF:

HOUSE DOCKET, NO. 1845        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2740

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act promoting governmental efficiency.

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. Paragraph (b) of Section 23 of Chapter 30A of the General Laws is hereby amended by striking out said paragraph and inserting in place thereof the following paragraph:

(b) Complaints.

(1)Any individual may file a complaint with a public body alleging violation of the Open Meeting Law, provided that the complaint:

(A)Reasonably describes the circumstances constituting the alleged violation;

(B)is filed with the public body within 20 business days of the date of the alleged violation;

(C)includes electronic and postal mail contact information for the complainant; and

(D)is signed by the complainant either in ink or in compliance with Chapter 110G.

(2)Complaints shall be deemed received:

(A)if filed by electronic mail, on the business day of submission if submitted by 4:00 p.m., and otherwise on the next business day; or

(B)three days after mailing via first class postal mail.

(3)A public body must respond to a complaint not later than 14 business days after receipt thereof confirming receipt of the complaint and identifying any remedial action(s) taken or intended to be taken by the public body in response to the complaint; provided, however, that if a complainant files more than five complaints with the same public body within the same year of the body’s operation, or a complaint is otherwise unduly burdensome, the public body may respond stating that the complaint is unduly burdensome and advising the complainant of the right to petition the attorney general pursuant to subparagraph (5) of this Section.

(4)Any remedial action(s) stated pursuant to subparagraph (3) of this Section shall not be admissible as evidence against the public body in any subsequent administrative or judicial proceeding related to the alleged violation.

(5)A complainant may petition the attorney general for:

(A)review of a response provided by the public body pursuant to subparagraph (3) of this Section, provided further that in response to such petition the attorney general may authorize an extension of time to the public body for the purpose of taking remedial action; or

(B)an order requiring the public body to respond to a complaint duly filed pursuant to subparagraph (1) of this Section, provided that any such petition may not be submitted until 20 business days after the public body received the complaint.

SECTION 2. Paragraph (c) of Section 23 of Chapter 30A of the General Laws is hereby amended by striking out each instance of the word “complaint” and inserting in place thereof the word “petition”.

SECTION 3. Section 10 of Chapter 66 of the General Laws is hereby amended by striking out, in line 96, the words “and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity,”.