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Home My WebLink About2011-12-20 Planning Board Supplemental Materials (3) Page 1 of 3 From: Tymon, Judy Sent: Tuesday, December 13, 2011 10:16 AM To: John L Simons (johnlsimons@gmail.com); Michael Colantoni (michael028@comcast.net); 'Richard Rowen'; Richard Rowen (richard_rowen@raytheon.com); 'Rickey Glover'; Timothy Seibert (timothyseibert@hotmail.com) Cc: Enright, Jean Subject: FW: Request for Comment - Proposed Amendment to 940 CMR 29.00 Folks, If you have any comments let me know. We will also include this on the agenda for the December 20 meeting. Judy From: Bradshaw, Joyce Sent: Monday, December 12, 2011 3:03 PM To: Maylor, Andrew; 'tmwatson@woodridgehomes.org'; 'Rosemarysmedile@aol.com'; Gordon, William; 'natownie@gmail.com'; Tymon, Judy; Enright, Jean; Sifferlen, Patricia; Hughes, Jennifer; Stan Limpert; 'Chris Allen'; Burzlaff, Laurie; Rhoton, Karin; 'Gross, Brian'; Zagarri, Beverly; Hottel, Christopher; Bellavance, Curt; Boles, Garrett; O'Brien, Irene; Gorman, Rick; 'Thomas J. Urbelis'; 'Carol McGravey'; Quinn, Mary Rose; 'johnlsimons@gmail.com'; 'George Koehler'; 'bfraser@northandovercam.org' Cc: Fitzgibbons, Karen; Pelich, Suzanne; Sifferlen, Patricia Subject: FW: Request for Comment - Proposed Amendment to 940 CMR 29.00 The following request from the Office of Open Government has been sent to me. They are soliciting any comment individuals, Boards, or Committees may have regarding proposed changes to the Open Meeting Law- 940 CMR 29.00. Comments must be submitted by January 19, 2012. Please forward this to any of your Boards or Committees or interested parties. Please contact me if you have any questions. Joyce A. Bradshaw,CMMC Joyce A. Bradshaw,CMMC,Town Clerk 120 Main Street North Andover,MA 01845 Phone - (978)688-9502 Fax - (978)688-9557 From: MassClerks@yahoogroups.com [mailto:MassClerks@yahoogroups.com] On Behalf Of Donna Hooper Sent: Monday, December 12, 2011 2:46 PM To: MassClerks@yahoogroups.com Cc: philip.mantyla@state.ma.us Subject: [MassClerks] FW: Request for Comment - Proposed Amendment to 940 CMR 29.00 Forwarded from Office of Open Government. FYI – proposed amendment to Open Meeting Law. Donna ... file://S:\Community Development\TOWN PLANNER DOCUMENTS\Judy Folder\111220 PB Meeting\FW Request for Com1/3/2012 Page 2 of 3 Donna M. Hooper, Town Clerk dhooper@lexingtonma.gov From: Mantyla, Philip (AGO) [mailto:philip.mantyla@MassMail.State.MA.US] Sent: Monday, December 12, 2011 1:36 PM To: Mantyla Philip (AGO) (Philip.Mantyla@state.ma.us) Subject: Request for Comment - Proposed Amendment to 940 CMR 29.00 Good Afternoon, Below, please find a request for comment that was issued today regarding a proposed amendment to 940 CMR 29.00. This proposed regulation would be included in 940 CMR 29.02 and would define “Knowing or Knowingly” with respect to the Open Meeting Law. The request for comment along with the proposed regulation is also available on our website, www.mass.gov/ago/openmeeting. As always please feel free to contact us if you have any questions. Division of Open Government Proposed Amendment to 940 CMR 29.00: Definition of “Knowing or Knowingly” Issued: December 23, 2011 The Attorney General is issuing a proposed regulation that would define the term “Knowing or Knowingly” with respect to the Open Meeting Law, G.L. c. 30A, §§ 18-25, and the Attorney General’s Open Meeting Law regulations, 940 CMR 29.00. If adopted, this regulation would clarify the standard for a finding by the Office of the Attorney General of intentional violation of the Open Meeting Law. The proposed regulation would be included in 940 CMR 29.02, and read as follows: Knowing or Knowingly means acting with specific intent to violate the law, acting with deliberate ignorance of the law’s requirements, or acting in violation of the law where the public body or public body member has been informed previously by receipt of a decision from a court of competent jurisdiction or advised by the Attorney General that such conduct violates the law. Where a public body or public body member has made a good faith attempt at compliance with the law, but was reasonably mistaken about its requirements, such conduct will not be considered a knowing violation of M.G.L. c. 30A, §§ 18 through 25 . The Open Meeting Law provides that “following a determination that a violation has occurred, the attorney general shall determine whether the public body, 1 or more of the members, or both, are responsible and whether the violation was intentional or unintentional.” G.L. c. 30A, § 23(c). Additionally, the Attorney General may “impose a civil penalty upon the public body of not more than $1,000 for each intentional violation” of the Open Meeting Law. G.L. c. 30A, § 23(c)(1). The Attorney General’s Open Meeting Law regulations also state that, if the Attorney General finds that a violation of the Open Meeting Law has occurred, the Attorney General may order “imposition of a fine upon the public body of not more than $1,000 for each intentional violation.” 940 CMR 29.07(3)(d). An “intentional violation” is defined in the Open Meeting Law as “an act or omission by a public body or a member thereof, in knowing violation of the open meeting law.” G.L. c. 30A, § 18. The Attorney General’s Open Meeting Law regulations also define an “intentional violation” as “an act or omission by a public body, or a member of a public body, that knowingly violates [the Open Meeting Law],” and note that “[c]onduct in violation of [the Open Meeting Law] shall be considered evidence of an intentional violation where the body or member has previously been informed by receipt of a decision from a court of competent jurisdiction or advised ... file://S:\Community Development\TOWN PLANNER DOCUMENTS\Judy Folder\111220 PB Meeting\FW Request for Com1/3/2012 Page 3 of 3 by the Attorney General, pursuant to 940 CMR 29.07 or 940 CMR 29.08 that the conduct violates [the Open Meeting Law].” 940 CMR 29.02. The Attorney General proposes this regulation pursuant to her authority to promulgate regulations to enforce the Open Meeting Law. G.L. c. 30A, § 25(a). The Attorney General will hold a public hearing on the proposed regulation, pursuant to G.L c. 30A, § 2. The hearing will be held at One Ashburton Place, 21st Floor, Boston, MA., on Thursday, January 19, 2012 from 3:00 p.m. to 5:00 p.m. Copies of the proposed amendment to the regulations may be found at www.mass.gov/ago/openmeeting or may be obtained at One Ashburton Place, 20th Floor, Boston, MA. If any member of the public wishing to attend this hearing seeks special accommodations in accordance with the Americans with Disabilities Act, please contact Philip Mantyla at 617-963-2055, or at Philip.Mantyla@state.ma.us. The public is also encouraged to submit written comments on the proposed regulations. Comments should be limited to the proposed regulation only. Please direct comments to Amy Nable, Director, Division of Open Government, Office of the Attorney General, One Ashburton Place, 20th Floor, Boston, MA 02108 or by sending comments by email to openmeeting@state.ma.us. Comments must be submitted by 5: 00 p.m. Thursday, January 19, 2012. Philip Mantyla Paralegal Office of the Massachusetts Attorney General Division of Open Government 617-963-2055 __._,_.___ sendergroupvia web postStart a New Topic Reply to | Reply to | Reply | 1 Messages in this topic () RECENT ACTIVITY: New Members 2 Visit Your Group MARKETPLACE Stay on top of your group activity without leaving the page you're on - Get the Yahoo! Toolbar now. Switch to: Text-Only, Daily Digest • Unsubscribe • Terms of Use . __,_._,___ Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. ... file://S:\Community Development\TOWN PLANNER DOCUMENTS\Judy Folder\111220 PB Meeting\FW Request for Com1/3/2012