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F T. ARTICLE To see if the T--wn will vote to accept the following new chapter to the Mashpee General Code: r Chapter 38: Public Records and Open Meetilif l' ,, 38-1 Purpose JUL03 14 This bylaw shall be known as the "Public Records and Open Meeting bylaw." The purpose of this bylaw is to ensure open acrAsao p1iRic records and meetings; to provide for adequate disclosure of matters concerning the public interest and the accountability of Town Boards, Committees and Commissions, and to provide for strengthened local control and enforcement of the Co nun on wealth's Open Meeting Law, Chapter 39, Sections 23A and B, and the Public Records Law, Chapter 66 of the Massachusetts General Laws,and any related regulations or interpretations issued by the Attorney General or Secretary of the Commonwealth in effect at the time of adoption of this bylaw. 1) The Town recognized the importance of: a) Open public meetings b) Properly posted public meeting notices A 4 c) Accurate documentation of the record of all public meetings d) Timely preparation of minutes e) Timely filing of approved minutes with the Town Clerk ` f) Record retention in accordance with State regulations - g) Audio sound(tape)recording of the meetings of key Town boards,committees,and commissions h) Adequate and meaningful disclosure of bylaw and Zoning bylaw changes and changes to rules and regulations issued by units of Town government so empowered i) Enforcement of the provisions of this bylaw. 38-2 Jurisdiction All Town boards,committees,and commissions shall comply with all provisions of this bylaw. 38-3 Requirements 1) All Boards,Committees,and Commissions shall be required to: a) Post notices of meetings in compliance with Chapter 39 Section 23B of Massachusetts General Laws. b) Post a copy of the agenda at the Town Clerk's Office one day prior to such meeting and supply to the public sufficient copies of the agenda at each meeting. c) Document all meetings by written report in the form of originally-signed minutes pursuant to Chapter 66, Sections 3,4, 5A and 6 of the Massachusetts General Laws. Such minutes must be approved at the next scheduled meeting,or as soon as possible thereafter,and be filed with the Town Clerk within two(2)business days after approval. d) Audio sound (tape) record of all meetings including both regular and executive session. Such tapes must be filed with the 'town Clerk at the same time as the written minutes are filed. Executive session tapes shall be sealed prior to submission to the Town Clerk. e) Video recordings shall not be substituted for audio recordings, but shall be submitted to the Town Clerk together with the audio recording. 2) The Town Clerk shall be required to maintain the audio tape records for a period of three (3) years. If; in the opinion of the Town Clerk or Board Chairman,retention is in the best interest of the Town,a longer period may be stipulated. 38-4 Administration This bylaw shall be administered by the office of the Town Clerk,who may designate a person(s)to be the administrators)of public records. The Town Clerk shall promulgate such rules and regulations as are necessary to administer this bylaw with the approval of the Board of Selectmen who shall hold a public hearing after providing seven (7) days notice of such hearing. The Town Clerk shall have the fil[] power of enforcement to bring civil or criminal action to enforce the provisions of this bylaw. The Town Clerk must discover or have been made aware of a violation and shall not take action until: l) A letter to the violator detailing the item(s)of noncompliance shall'be been sent within thirty(30)days of the violation;and, 2) The violator shall have been given twenty-one (21) days to remedy the violation or provide sufficient reasons to seek a waiver of compliance. Failure to respond to the Town Clerk within the stated time period shall be sufficient ground for immediate enforcement action. 38-5 Penalties A violation of this bylaw may be punished by a fine of three hundred($300.00)per offense. Or take any other action relating thereto. Submitted by petition N Add s:� ' 1.4 J94 CONTACT PERSON: TELEPHONE BER: I herebycertify the � ( Jul 14 2003 Y Bove ei�_t 8) names. Y