The Massachusetts Appeals Court recently dismissed a portion of a lawsuit against the Cambridge Public Schools because it found that the School Superintendent was not the correct municipal official to receive presentment of a claim under the Massachusetts Tort Claims Act (MTCA), G.L. c.258, § 1-13, —an opinion that could have large implications for municipal clients served with presentment of claims under the statute. In particular, the decision affirms that school districts
Municipal collective bargaining agreements and employment contracts are replete with provisions authorizing or requiring certain enhancements to employees’ wages and salaries. Each of these enhancements is arguably part of the employee’s compensation package, and the question thus arises whether they are part of the employee’s “regular compensation,” and thus “pensionable” under the laws governing public employee contributory retirement systems. The answer, it turns out, ma
The end of the legislative session saw the passage of, S.3096, An Act relative to equity in the cannabis industry, enacted with vocal support from members of the Cannabis Control Commission. The new law, Chapter 180 of the Acts of 2022, brings sweeping changes to the cannabis industry. Here are the highlights that affect municipalities. Host Community Agreements The most significant provisions of interest to municipalities are changes to the community impact fee imposed by Ho
Earlier this month Governor Baker signed “An Act Driving Clean Energy and Offshore Wind”, Chapter 179 of the Acts of 2022. The dual-use solar provisions of the Act limit municipal authority to tax these projects at their full value and restrict their ability to regulate the use of land for such projects. In the context of the Act, dual-use refers to certain qualifying solar projects which are sited on land that is “primarily and directly” used for agriculture or horticulture.