Incivility in Public Discourse Cannot Be Banned
On March 7, 2023, the Supreme Judicial Court unanimously ruled that “civility restraints on the content of speech at a public comment...
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Miyares and Harrington, LLP
- 6 days ago
- 3 min
The "Strong" Fire Chief Statute Does Not Confer Lifetime Tenure
Many towns have accepted the provisions of G.L. c. 48, § 42, commonly referred to as the “strong” fire chief statute, in contrast to the...
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Miyares and Harrington, LLP
- 6 days ago
- 1 min
ChatGPT and AI; Is Municipal Government Ready?
The latest buzz has been about the growth of AI, of which the one most commonly referred to is ChatGPT. What are the drawbacks of using...
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Miyares and Harrington, LLP
- 6 days ago
- 1 min
Rapid Fire Updates - March 2023
Outdoor Dining and Alcohol Service Coming to an End Under Section 15 of Chapter 42 of the Acts of 2022, municipalities are allowed to...
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Miyares and Harrington, LLP
- Jan 18
- 1 min
Town Election Season and Voting by Mail
Early voting can impose an administrative burden on city and town clerks, particularly for smaller municipalities. Remember that pursuant...
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Miyares and Harrington, LLP
- Jan 18
- 1 min
Secretary of the Commonwealth Updates the Guide to the Massachusetts Public Records Law
In December, the Secretary of the Commonwealth updated the Guide to the Massachusetts Public Records Law, tightening the requirements for...
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Miyares and Harrington, LLP
- Jan 18
- 2 min
Final Regulations for the Stretch Code and the Opt-In Specialized Code are Adopted
On December 9, 2022, the Department of Energy Resources (DOER) filed its final regulations for the Stretch Code, 225 CMR 22.00 and 225...
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Miyares and Harrington, LLP
- Dec 22, 2022
- 3 min
DEP Set to Adopt New Regulations Impacting Septic Systems and Water Management Act Registrations
We are closely monitoring two sets of regulatory amendments proposed by the Department of Environmental Protection (the “Department”)....
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Miyares and Harrington, LLP
- Dec 22, 2022
- 3 min
AG Treatment of Zoning Bylaws of Solar Energy and Battery Storage Systems Since Tracer Lane
We summarized in our June newsletter the SJC’s decision in Tracer Lane II Realty, LLC v. Waltham, 489 Mass. 775 (2022), which dealt with...
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Miyares and Harrington, LLP
- Dec 22, 2022
- 1 min
SJC Guidance on the Requirement for a Surety Bond in Appeals of Land Use Decisions
In 2020, G.L. c. 40A, § 17 was amended to provide that a plaintiff appealing the grant of a special permit, variance, or site plan could...
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Miyares and Harrington, LLP
- Nov 29, 2022
- 2 min
Full Stop on HRD Promotional Examinations
“The best test takers are not necessarily the best police sergeants.” With that opening line, a Superior Court judge ruled that the...
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Miyares and Harrington, LLP
- Nov 29, 2022
- 4 min
New Rules to Change the Use or Dispose of Article 97 Land
On November 17, 2022, Governor Baker signed Chapter 274 of the Acts of 2022, An Act Preserving Open Space in the Commonwealth. The Act...
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Miyares and Harrington, LLP
- Nov 29, 2022
- 1 min
Rapid Fire Updates - November 2022
Release by DHCD of Section 3A Compliance Model The Department of Housing and Community Development has released the model for...
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Miyares and Harrington, LLP
- Oct 27, 2022
- 1 min
Here Be Dragons?
The meaning of the word “agriculture” has long been fertile ground for litigation and, in the recent case of Fleming v. Town of Oxford...
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Miyares and Harrington, LLP
- Oct 27, 2022
- 2 min
Communication Conundrum
In a recent Department of Labor Relations (DLR) decision, In re: Town of Chelmsford et al., MUP-7227 (consolidated with two other...
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Miyares and Harrington, LLP
- Oct 27, 2022
- 1 min
Rapid Fire Updates - October 2022
ARPA Panel Seeks Public Comments for Fund Allocation The Federal Funds Equity & Accountability Review Panel (ARPA Equity Panel) has...
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Miyares and Harrington, LLP
- Sep 30, 2022
- 2 min
Retirees May Lose Pension Benefits for Post-Retirement Criminal Activity
Earlier this month, the Supreme Judicial Court held that retirees who engage in certain criminal activity post-retirement may be subject...
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Miyares and Harrington, LLP
- Sep 30, 2022
- 2 min
Independent Contractor vs. Employee – A Perennial Question
G.L. c. 149, § 148B states that a person who provides services is an employee unless three criteria are met – they are not under the...
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Miyares and Harrington, LLP
- Sep 30, 2022
- 2 min
Flashback Friday: Lights, Action, Camera! In My Public Building?
Editor’s Note: Please enjoy our guidance from the September 2019 issue concerning First Amendment Audit best practices. There is a...
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Miyares and Harrington, LLP
- Aug 31, 2022
- 2 min
Don't Overlook Defects in the Presentment Notice Required by the Massachusetts Tort Claims Act
The Massachusetts Appeals Court recently dismissed a portion of a lawsuit against the Cambridge Public Schools because it found that the...
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