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Miyares and Harrington, LLP
Jul 27, 20232 min read
Proper Payment of Police Cadets Under the Wage Act
Cadets who are employed must be paid as police officers.
Miyares and Harrington, LLP
Jul 27, 20232 min read
Employment Discrimination and the “Cat’s Paw” Theory of Liability
A supervisor unaware of a corporate policy of discrimination may still act unlawfully by terminating an employee consistent with that policy
Miyares and Harrington, LLP
Jul 27, 20231 min read
Use of Public School Buildings for Political Purposes
School buildings may be used for political purposes.
Miyares and Harrington, LLP
Jul 27, 20231 min read
The Office of the Inspector General Reminds Municipalities to Avoid Bid-Splitting
Intentionally splitting purchases so as to be below $10,000 is illegal under G.L. c. 30B.
Miyares and Harrington, LLP
Jun 26, 20232 min read
Sackett v. EPA: Massachusetts Wetlands Regulation is Unchanged
Our readers may be aware that a recent United States Supreme Court Decision, Sackett v. Environmental Protection Agency, No. 21-454 (May...
Miyares and Harrington, LLP
Jun 26, 20232 min read
Religious Uses Under the Dover Amendment, G. L. c. 40A, §3
Section 3 of The Zoning Act, G.L. c. 40A, also known as the Dover Amendment, provides that zoning may not “regulate or restrict the use...
Miyares and Harrington, LLP
Jun 26, 20232 min read
When Bids Must be Opened Publicly Under Ch. 30B
A recent Appeals Court judgment in favor of the Martha’s Vineyard Airport Commission in Airport Fuels, Inc. v. Martha’s Vineyard Airport...
Miyares and Harrington, LLP
May 30, 20233 min read
Proceeds from Tax Title Foreclosures – A Quick Take on the Supreme Court’s Decision
Tax title foreclosure pursuant to G.L. c. 60 has long been scrutinized due to the fact that Massachusetts taxpayers are not automatically...
Miyares and Harrington, LLP
May 30, 20231 min read
Rapid Fire Update - May 2023
Updates to the Municipal Records Retention Schedules The state imposes requirements on how long municipalities must retain municipal...
Miyares and Harrington, LLP
May 30, 20231 min read
Valuable Updates from DOR Division of Local Services
The Division of Local Services (DLR) publishes throughout the year helpful data and guidance of interest to all local officials. Its most...
Miyares and Harrington, LLP
May 30, 20231 min read
Tips for Successful Town Meetings
Now that most have completed their Annual Town Meetings, it may be helpful to share techniques and processes that have been helpful in...
Miyares and Harrington, LLP
May 30, 20232 min read
Changing the Scope of Easements Taken by Eminent Domain
The Supreme Judicial Court recently held that an easement taken for one purpose may require additional compensation to the subservient...
Miyares and Harrington, LLP
Mar 20, 20233 min read
Incivility in Public Discourse Cannot Be Banned
On March 7, 2023, the Supreme Judicial Court unanimously ruled that “civility restraints on the content of speech at a public comment...
Miyares and Harrington, LLP
Mar 20, 20233 min read
The "Strong" Fire Chief Statute Does Not Confer Lifetime Tenure
Many towns have accepted the provisions of G.L. c. 48, § 42, commonly referred to as the “strong” fire chief statute, in contrast to the...
Miyares and Harrington, LLP
Mar 20, 20231 min read
ChatGPT and AI; Is Municipal Government Ready?
The latest buzz has been about the growth of AI, of which the one most commonly referred to is ChatGPT. What are the drawbacks of using...
Miyares and Harrington, LLP
Mar 20, 20231 min read
Rapid Fire Updates - March 2023
Outdoor Dining and Alcohol Service Coming to an End Under Section 15 of Chapter 42 of the Acts of 2022, municipalities are allowed to...
Miyares and Harrington, LLP
Jan 18, 20231 min read
Town Election Season and Voting by Mail
Early voting can impose an administrative burden on city and town clerks, particularly for smaller municipalities. Remember that pursuant...
Miyares and Harrington, LLP
Jan 18, 20231 min read
Secretary of the Commonwealth Updates the Guide to the Massachusetts Public Records Law
In December, the Secretary of the Commonwealth updated the Guide to the Massachusetts Public Records Law, tightening the requirements for...
Miyares and Harrington, LLP
Jan 18, 20232 min read
Final Regulations for the Stretch Code and the Opt-In Specialized Code are Adopted
On December 9, 2022, the Department of Energy Resources (DOER) filed its final regulations for the Stretch Code, 225 CMR 22.00 and 225...
Miyares and Harrington, LLP
Dec 22, 20223 min read
DEP Set to Adopt New Regulations Impacting Septic Systems and Water Management Act Registrations
We are closely monitoring two sets of regulatory amendments proposed by the Department of Environmental Protection (the “Department”)....