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News

Governor Baker Issues Guidance on the Enforcement Mechanism for COVID-19 Executive Orders

 

On August 18th, Governor Baker issued an executive order providing guidance to municipalities regarding how to enforce the numerous executive orders in effect in response to COVID-19. Many of the Governor’s prior orders provided municipalities with the authority to enforce the executive orders. For example, the Governor’s recent order mandating quarantine for travelers entering the Commonwealth from out of state provides local boards of health and their authorized agents as well as municipal police with powers to enforce the order. The Governor’s August 7th executive order limiting the size of in-person gatherings also allowed for enforcement by local boards of health and municipal police departments.

 

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Latest News

Murphy, Hesse, Toomey & Lehane, LLP Partner Prevails in U.S. Court of Appeals for the First Circuit

  Attorney Felicia Vasudevan, a partner at Murphy, Hesse, Toomey & Lehane, LLP, received a favorable decision on behalf of her client, Marshfield Public Schools. The Plaintiff appealed the district court’s judgement that upheld a decision of the Massachusetts Bureau of Special Education Appeals (“BSEA”). However, as the notice was filed more than 30 days after entry, the First Circuit ultimately dismissed the appeal for being untimely. The Plaintiff also appealed the district court’s order, denying her motion to vacate. Read More

Legal Updates

New Features of Public Participation at School Committee Meetings

Following our Alert from March 16, 2023, Civility is Dead – The Supreme Court Rules Municipal Control of Public Speak Limited to Reasonable Time/Place/Manner Restrictions, which discussed the holding to the Supreme Judicial Court’s decision in Barron v. Kolenda and the Town of Southborough (SJC-13284), we promised to bring you more detailed guidance on developing a Public Speak policy for your public body or municipality. The Barron case involved a constitutional challenge to the Town of Southborough’s public comment policy, which attempted to impose a code of civility on members of the public who participated in public comment before public bodies. In Barron, the court interpreted the state constitution to mean that public bodies may request, but not require, that public commentators be respectful and courteous. Instead, a public body may set restrictions on reasonable time, place, and manner comments to ensure that the meeting retains an orderly and peaceable manner.

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