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| 2 | 2 | | SENATE DOCKET, NO. 2187 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2206 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Rebecca L. Rausch |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act promoting governmental efficiency. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 2187 FILED ON: 1/17/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2206 |
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| 18 | 18 | | By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2206) of Rebecca L. Rausch for |
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| 19 | 19 | | legislation to promote governmental efficiency. State Administration and Regulatory Oversight. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 2065 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act promoting governmental efficiency. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 23 of chapter 30A of the General Laws, as appearing in the 2022 |
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| 31 | 31 | | 2Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof |
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| 32 | 32 | | 3the following paragraph:- |
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| 33 | 33 | | 4 (b) Complaints. |
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| 34 | 34 | | 5 (1) Any individual may file a complaint with a public body alleging violation of the open |
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| 35 | 35 | | 6meeting law, provided that the complaint: |
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| 36 | 36 | | 7 (i) reasonably describes the circumstances constituting the alleged violation; |
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| 37 | 37 | | 8 (ii) is filed with the public body within 20 business days of the date of the alleged |
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| 38 | 38 | | 9violation; 2 of 3 |
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| 39 | 39 | | 10 (iii) includes electronic and postal mail contact information for the complainant; and |
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| 40 | 40 | | 11 (iv) is signed by the complainant either in ink or in compliance with chapter 110G. |
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| 41 | 41 | | 12 (2) Complaints shall be deemed received: |
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| 42 | 42 | | 13 (i) if filed by electronic mail, on the business day of submission if submitted by 4:00 |
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| 43 | 43 | | 14p.m., and otherwise on the next business day; or |
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| 44 | 44 | | 15 (ii) three days after mailing via first class postal mail. |
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| 45 | 45 | | 16 (3) A public body must meet to review and respond to a complaint not later than 14 |
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| 46 | 46 | | 17business days after receipt thereof confirming receipt of the complaint and identifying any |
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| 47 | 47 | | 18remedial action(s) taken or intended to be taken by the public body in response to the complaint; |
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| 48 | 48 | | 19provided, however, that if a complainant files more than twelve complaints with the same public |
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| 49 | 49 | | 20body within the same calendar year, or a complaint is otherwise unduly burdensome, the public |
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| 50 | 50 | | 21body may file a petition with the attorney general seeking relief from the obligation to respond to |
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| 51 | 51 | | 22the complaint. In determining whether to grant an order requiring the public body to respond to |
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| 52 | 52 | | 23the complaint, the attorney general may consider, without limitation, (i) the previous record of |
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| 53 | 53 | | 24compliance or non-compliance by the public body; (ii) the burden placed on the public body in |
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| 54 | 54 | | 25responding to the complaint; (iii) any evidence of harassment or intimidation on the part of the |
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| 55 | 55 | | 26complainant; (iv) the facts of the alleged violation; and (v) the number of complaints filed |
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| 56 | 56 | | 27against the public body or other public bodies within the municipality. The attorney general may |
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| 57 | 57 | | 28authorize an extension of time to the public body for the purpose of taking remedial action upon |
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| 58 | 58 | | 29the written request of the public body and a showing of good cause to grant the extension. 3 of 3 |
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| 59 | 59 | | 30 (4) The public body shall, within 14 business days of receipt of a complaint unless |
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| 60 | 60 | | 31granted an extension of time pursuant to subsection (B)(3), send a copy of the complaint to the |
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| 61 | 61 | | 32attorney general and notify the attorney general of any remedial action. |
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| 62 | 62 | | 33 (5) Any remedial action stated pursuant to subparagraph (3) of this section shall not be |
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| 63 | 63 | | 34admissible as evidence against the public body in any subsequent administrative or judicial |
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| 64 | 64 | | 35proceeding related to the alleged violation. |
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| 65 | 65 | | 36 SECTION 2. Said section 23 of said chapter 30A, as so appearing, is hereby amended by |
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| 66 | 66 | | 37striking out, in line 19, the word “complaint” and inserting in place thereof the following words:- |
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| 67 | 67 | | 38petition for review of an open meeting law complaint. |
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| 68 | 68 | | 39 SECTION 3. Section 10 of chapter 66 of the General Laws, as appearing in the 2022 |
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| 69 | 69 | | 40Official Edition, is hereby amended by striking out, in lines 96-98, the words “, and the requests |
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| 70 | 70 | | 41are not intended for the broad dissemination of information to the public about actual or alleged |
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| 71 | 71 | | 42government activity”. |
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