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HOUSE DOCKET, NO. 79         FILED ON: 1/4/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1827

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Josh S. Cutler

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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 voting qualification of municipal boards at public hearings.

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PETITION OF:

 

Name:

District/Address:

Josh S. Cutler

6th Plymouth

Aaron Vega

5th Hampden

Thomas J. Calter

12th Plymouth

Geoff Diehl

7th Plymouth


HOUSE DOCKET, NO. 79        FILED ON: 1/4/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1827

By Mr.  Cutler of Duxbury, a petition (accompanied by bill, House, No. 1827) of Josh S. Cutler and others relative to the voting qualifications of municipal board members at public hearings.  Municipalities and Regional Government. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Thirteen

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An Act relative to voting qualification of municipal boards at public hearings.
 

              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 39 of the General Laws is hereby amended by striking out Section 23D(a) and replacing it with the following:

              Section 23D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from one or more sessions of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at all missed sessions, which evidence may include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.

              (b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section.

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