HOUSE DOCKET, NO. 3254        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4035

The Commonwealth of Massachusetts

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PRESENTED BY:

Tram T. Nguyen

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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 providing for municipal meeting postponement due to inclement weather.

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PETITION OF:

HOUSE DOCKET, NO. 3254        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4035

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act providing for municipal meeting postponement due to inclement weather.

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

Chapter 41 of the General Laws is hereby amended by adding the following section:-

Section 134. (a) In a city or town choosing to accept the provisions of this section pursuant to the procedure set forth in section 4 of chapter 4, the chair of any municipal board including, but not limited to, a planning board established pursuant to section 81A or a board of appeals established pursuant to section 81Z, may determine that a public hearing of the board may be postponed because of a weather-related emergency. The chair of the municipal board shall consult with local public safety officials and then, upon the chair of the municipal board’s own declaration, the chair of the municipal board shall recess and continue the public hearing to a time, date and place certain. If due to the weather-related emergency, a new public hearing time and place may be required but cannot then be identified, the chair of the municipal board may recess and continue the public hearing and shall within 3 days of the declaration of recess and continuance select a public hearing time and place and the chair of the municipal board shall declare the meeting location. If due to the weather-related emergency no suitable municipal facility is available for a public hearing, the chair of the municipal board may move the public hearing to a suitable place in a contiguous municipality.

The chair of the municipal board need not appear at the place of the public hearing to announce the declaration of recess and continuance. The chair of the municipal board shall announce the declaration of recess and continuance as far in advance of the public hearing being continued as practicable.

(b) A notice of the declaration of recess and continuance shall be prepared by the chair of the municipal board and printed in a legible, easily understandable format and shall contain the date, time and place of the continued meeting, state the reason for the declaration and identify the date and time that the chair of the municipal board announced the recess and continuance. If the chair of the municipal board does not identify the location of the continued meeting in the notice, within 3 days of the announcement of the declaration of recess and continuance the chair of the municipal board shall issue an amended notice that identifies the public hearing time and place. Notice shall be filed with the municipal clerk as soon as practicable and then posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located. One copy of the notice of declaration of recess and continuance or the amended notice shall be posted at the main entrance of the place of the public hearing as soon as is practicable. In addition, the chair of the municipal board may use any electronic, broadcast or print media convenient to circulate the notice of recess and continuance and any amended notice. Those municipalities that have a municipal website shall post a copy of the notice of declaration of recess and continuance or amended notice on the municipal website as soon as practicable.