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A communication transmitted from Louis A. DePasquale, City Manager, relative to a request for acceptance of G.L. Chapter 39, Section 23D to allow members of adjudicatory boards and commissions to vote on a matter before the adjudicatory body of which they are a member if the board member has missed one of the sessions regarding the matter at issue

CMA 2020 #260·Council meeting Nov 16, 2020·1 page·📄 Original PDF (city portal)
MASSACHUSETTS GENERAL LAWS TITLE VII. CITIES, TOWNS AND DISTRICTS CHAPTER 39. MUNICIPAL GOVERNMENT Section 23D: Adjudicatory hearings; attendance by municipal board, committee and commission members; voting disqualification 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 no more than a single session 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 the missed session, which evidence shall 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. In City Council November 23, 2020. Adopted by a yea and nay vote:- Yeas 9; Nays 0; Absent 0. Attest:- Anthony I. Wilson, City Clerk A true copy; ATTEST:- Anthony I. Wilson City Clerk