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2004-TOWN MEETING RECORDS
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2004-TOWN MEETING RECORDS
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Last modified
12/1/2016 7:20:10 PM
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11/17/2016 3:37:05 PM
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Mashpee_Meeting Documents
Board
TOWN MEETING
Meeting Document Type
Minutes
Meeting Date
12/31/2004
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4:77-7 <br /> li <br /> should be available within two to four weeks after the meeting. However, in general, the minutes <br /> of meetings become public records from the moment they are created. The governmental body F ' <br /> may not require that it vote to adopt or approve or release open session minutes before they may <br /> be released to the public, even if the minutes are only in draft form at the time of request. In <br /> other words, the public is entitled to see "draft"minutes that have not been approved or officially G , <br /> sanctioned. It is unclear from the proposed by-law amendments whether draft minutes will be <br /> released or whether the town will withhold release until the approved minutes have been , <br /> submitted to the town clerk, which would be inconsistent with the Open Meeting Law and the <br /> Public Records Law. Thus, we suggest that the town apply the proposed by-law amendments in <br /> a manner consistent with the Open Meeting Law and the Public Records Law. <br /> r <br /> Note: Under G.L. c.40,§32,neither general nor zoning by-laws take effect until the town has first <br /> satisfied the posting/publishing requirements of this section. Once this statutory duty is <br /> fulfilled,(1)general by-laws and amendments take effect on the date that these posting and <br /> publishing requirements are satisfied unless a later effective date is prescribed in the by-law, <br /> and(2)zoning by-laws and amendments are deemed to have taken effect from the date they a 1 + 1; <br /> were voted by Town Meeting,unless a later effective date is prescribed in the <br /> by-law. <br /> n-y d <br /> If the Attorney General has disapproved and deleted one or more portions of any by-law or by- <br /> law amendment submitted for approval,only those portions approved are to be posted and <br /> published pursuant to G.L.c.40,§32. We ask that you forward to us a copy of the final text of <br /> the by-law or by-law amendments reflecting any such deletion. It will be sufficient to send us a <br /> copy of the text posted and published by the Town Clerk pursuant to this statute. <br /> Very truly yours, <br /> 1` <br /> THOMAS F. REILLY 1 <br /> ATTORNEY GENERAL <br /> by: Kelli E. Gunagan, Assistant 40mey General <br /> By-law Coordinator, Municipal Law Unit <br /> 1350 Main Street, 41"Floor <br /> Springfield, MA 01103-1629 <br /> (413) 784-1240,x 117 <br /> •7 <br /> enc. <br /> Town Counsel <br /> N <br /> { F , <br /> F:\USERS\RITCME\WP61\DOCS\TOWNSWASI PEE\#2934A.APP.wpd 3 <br /> y <br />
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