[MassHistPres] Mullin Rule applicability

[Tucker, Jonathan]

In its own words:

Section 23D. (a) Notwithstanding any general or special law to the
contrary, upon municipal acceptance of this section for 1 or more types
of adjudicatory hearings, a member of any municipal board, committee or
commission when holding an adjudicatory hearing shall not be
disqualified from voting in the matter solely due to that member's
absence from no more than a single session of the hearing at which
testimony or other evidence is received. Before any such vote, the
member shall certify in writing that he has examined all evidence
received at the missed session, which evidence shall include an audio or
video recording of the missed session or a transcript thereof. The
written certification shall be part of the record of the hearing.
Nothing in this section shall change, replace, negate or otherwise
supersede applicable quorum requirements. 

(b) By ordinance or by-law, a city or town may adopt minimum additional
requirements for attendance at scheduled board, committee, and
commission hearings under this section.

 

Jonathan Tucker

Planning Director

Town Hall, 4 Boltwood Ave.

Amherst, MA  01002

(413) 259-3040

(413) 259-2410 [fax]

tuckerj at amherstma.gov   

 

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
Sent: Friday, March 13, 2009 4:43 PM
To: MHC MHC listserve
Subject: Re: [MassHistPres] Mullin Rule applicability

 

Could you explain what that the Mullin Rule is?

 

Dennis De Witt

 

 

On Mar 13, 2009, at 4:32 PM, Tucker, Jonathan wrote:





For those among you who have adopted the Mullin Rule, who were the local
"boards, committees or commissions holding adjudicatory hearings" to
which it applied--i.e., what's the range?  We're contemplating this for
our spring Town Meeting, and are trying to get a handle on just who
among our many numerous boards/committees who hold public hearings are
actually holding adjudicatory hearings vs. other any other kind.  We're
pretty sure about the core of zoning/subdivision/wetland bodies and
about our Select Board, but would this apply to school committees,
personnel boards, boards of public works?  Where will it all end?  [Must
be Friday.]

 

Jonathan Tucker

Planning Director

Town Hall, 4 Boltwood Ave.

Amherst, MA  01002

(413) 259-3040

(413) 259-2410 [fax]

tuckerj at amherstma.gov  

 

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