By Mr. Kulik of Worthington, petition (accompanied by bill, House, No. 3217) of Stephen Kulik and others for legislation to further regulating enforcement of the open meeting law.  State Administration and Regulatory Oversight.

 

The Commonwealth of Massachusetts

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PETITION OF:

 

Stephen Kulik

Peter V. Kocot

John W. Scibak

William M. Straus

Stephen M. Brewer

F. Jay Barrows

Christopher J. Donelan

David Paul Linsky

James B. Eldridge

Jennifer M. Callahan

 

 

 

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In the Year Two Thousand and Seven.

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 An Act to further enforce the open meeting law.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

SECTION 1.  Section 23B of Chapter 39 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the 14th paragraph and inserting in its place the following paragraph:—

The court may impose a civil fine against the governmental body of up to one thousand dollars and a civil fine of up to five hundred dollars against each attending member of the governmental body for each meeting held in violation of this section.  The fine shall not be imposed against any member of the governmental body who is recorded in opposition to the government act that is found in violation of the open meeting law.  When a court finds that a meeting was held in violation of this section, it shall award reasonable attorney’s fees and costs against such governmental body. In addition, the court may assess reasonable attorney’s fees and costs against such governmental body where the court finds that:

  1. after receiving notice of the filing of a complaint authorized by this section, the governmental body opens to the public any meeting or opens to the public the records of any such meeting, and
  2. the requested meeting or public record are described in the complaint, and
  3. the requested meeting or public record had been requested in writing by the complainant before filing the complaint, and
  4. before the complaint was filed, the governmental body or custodian of the record had refused to open to the public the requested meeting or to make the requested public record available to the complainant.

SECTION 2.  Section 11A ½ of Chapter 30A, of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding thereto as the last paragraph reading as follows:

The court may impose a civil fine against the governmental body of up to one thousand dollars and a civil fine of up to five hundred dollars against each attending member of the governmental body for each meeting held in violation of this section.  The fine shall not be imposed against any member of the governmental body who is recorded in opposition to the government act that is found in violation of the open meeting law.  When a court holds that a meeting was held in violation of this section, it shall award reasonable attorney’s fees and costs against such governmental body. In addition, the court may assess reasonable attorney’s fees and costs against such governmental body where the count finds that:

  1. after receiving notice of the filing of a complaint authorized by this section, the governmental body opens to the public any meeting or opens to the public the records of any such meeting, and
  2. the requested meeting or public record are described in the complaint, and
  3. the requested meeting or public record had been requested in writing by the complainant before filing the complaint, and
  4. before the complaint was filed, the governmental body or custodian of the record had refused to open to the public the requested meeting or to make the requested public record available to the complainant.