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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
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