1984-ZBA APPEALS - BLACKBOOK - Laserfiche WebLink

Home Browse Search

REARDON & THOMAS ATTORNEYS AT LAW CORNER OF BEARBE'S WAY AND BASSETT LANE POST OFFICE BOX 978 1 � HYANNIB. MAB BAC NUB ETTB 02801 JOSEPH J. REARDON 16171 771.4644 ORLEANS OFFICE WILLIAM W. THOMAS ADDRESS ALL CORRESPONDENCE TO HYANNIB ADDRESS 43 SOUTH ORLEANS ROAD BRADLEY J. BAILEY ROUTE 2B November 7, 1984 ORLEANS, MASS. 02689 j16171 256-3125 Manuel Costa, Chairman Board of Appeals Town of Mashpee P. O. Box 1108 c Mashpee, MA 02649 RE: Record of Public Meetings Dear Mr. Costa: You have requested an opinion relative to the recording of the minutes of your meetings and, in particular, whether or not notes taken or tape recordings made constitute part of the official record of your meetings and therefore must be maintained and made.available for copying. Chapter 39 Section 23B requires that your.Board "maintain accurate records of its meetings, setting forth the date, time, place, members present or absent and action taken at each meeting, including executive sessions." Section 23B also specifies that "The records of each meeting shall become a public record and be available to the public..." and further that the meeting "...may be recorded by any person • in attendance by means of a tape recorder or other means of sonic reproduction...". Il Chapter 66 Section 6 provides that your Board must "designate some person as clerk, who shall enter all its votes, orders and proceedings in books and shall have,the custody ` of such books...". Chapter 66 Section 5A specifies that the records your Board is required to keep 1 pursuant to Chapter 39 Section 23B "unless...required by ordinance or by-law of L the...town...need not include a verbation record of discussions at such meetings." I have referred to the foregoing statutory references as they contain the applicable law relative to the issue you have requested me to rule on. a The Town has no by-law requirement mandating a verbatim record of discussions. I therefore rule that your Board does not have to tape record its meetings. I further rule that you must comply with Chapter 39 Section 23B and Chapter 66 Section 5A and record the names of all members present, the subjects acted upon, the votes f and other official actions taken, the date, time and place of the meeting. Your clerk may use a tape recorder for the administrative purpose of assistance In noting votes and other required record keeping. Any tape recording so made is not the official record of the meeting. The record of your meeting, as prepared 4p