HOUSE DOCKET, NO. 1845

FILED ON: 1/17/2019

HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_________________
PRESENTED BY:

David Paul Linsky and Alice Hanlon Peisch
_________________
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.
_______________
PETITION OF:

NAME:
David Paul Linsky
Alice Hanlon Peisch
Carmine Lawrence Gentile
Carolyn C. Dykema
Maria Duaime Robinson
Jack Patrick Lewis
Jeffrey N. Roy
Kay Khan

DISTRICT/ADDRESS:
5th Middlesex
14th Norfolk
13th Middlesex
8th Middlesex
6th Middlesex
7th Middlesex
10th Norfolk
11th Middlesex

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 HOUSE DOCKET, NO. 1845

FILED ON: 1/17/2019

HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]

The Commonwealth of Massachusetts
_______________

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

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:

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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:

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(b) Complaints.

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(1)

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Any individual may file a complaint with a public body alleging violation of the

Open Meeting Law, provided that the complaint:

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(A)

Reasonably describes the circumstances constituting the alleged violation;

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(B)

is filed with the public body within 20 business days of the date of the alleged

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violation;

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(C)

includes electronic and postal mail contact information for the complainant; and

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(D)

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

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(2)

Complaints shall be deemed received:

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(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

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(B)

three days after mailing via first class postal mail.

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(3)

A public body must respond to a complaint not later than 14 business days after

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receipt thereof confirming receipt of the complaint and identifying any remedial action(s) taken

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or intended to be taken by the public body in response to the complaint; provided, however, that

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if a complainant files more than five complaints with the same public body within the same year

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of the body’s operation, or a complaint is otherwise unduly burdensome, the public body may

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respond stating that the complaint is unduly burdensome and advising the complainant of the

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right to petition the attorney general pursuant to subparagraph (5) of this Section.

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(4)

Any remedial action(s) stated pursuant to subparagraph (3) of this Section shall

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not be admissible as evidence against the public body in any subsequent administrative or

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judicial proceeding related to the alleged violation.

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(5)

A complainant may petition the attorney general for:

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(A)

review of a response provided by the public body pursuant to subparagraph (3) of

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this Section, provided further that in response to such petition the attorney general may authorize

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an extension of time to the public body for the purpose of taking remedial action; or

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(B)

an order requiring the public body to respond to a complaint duly filed pursuant to

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subparagraph (1) of this Section, provided that any such petition may not be submitted until 20

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business days after the public body received the complaint.

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SECTION 2. Paragraph (c) of Section 23 of Chapter 30A of the General Laws is hereby

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amended by striking out each instance of the word “complaint” and inserting in place thereof the

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word “petition”.

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SECTION 3. Section 10 of Chapter 66 of the General Laws is hereby amended by

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striking out, in line 96, the words “and the requests are not intended for the broad dissemination

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of information to the public about actual or alleged government activity,”.

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