News
Murphy, Hesse, Toomey & Lehane, LLP Attorney Presents for the Massachusetts Council of School Attorneys
Attorney Peter Mello from Murphy, Hesse, Toomey & Lehane, LLP presented an update for the Massachusetts Council of School Attorneys (COSA), which is an affiliate of the Massachusetts Association of School Committees (MASC). The program, titled “Emerging Issues in Education Law 2021”, was held at the UMass Club in Boston and was moderated by Attorney Kevin Bresnahan, also of Murphy, Hesse, Toomey & Lehane, LLP and the outgoing president of COSA. Attorney Peter Mello presented his Update on Masking Legislation and Related School Cases, and discussed his recent win over a lawsuit regarding mask mandates in Massachusetts schools. In addition to Mr. Mello’s presentation, Attorney Michael Joyce of Nuttall, MacAvoy & Joyce presented the “Title IX Update on New Regulations and Emerging Trends in Regulation”. The General Counsel of the DESE, Attorney Rhoda Schneider, presented the “Update from DESE: Regulatory Changes and Other Issues”. The final presentation was by the MASC General Counsel, Attorney Stephen Finnegan, and was titled “Legal and Legislative Issues Update”.
Mr. Mello focuses his practice in municipal law and general civil litigation, including in the areas of construction, land use and zoning, wetlands and school law, among others. He has advised private clients and governmental entities alike regarding myriad and diverse issues, including employment, energy-related issues, licensing, procurement, public records, meeting procedures, conflict of interest, and many others. He practices routinely before state and federal courts and state agencies in Massachusetts and has written and presented extensively on wetlands, construction and labor issues for organizations such as REBA, the Massachusetts School Building Authority, the Massachusetts Municipal Lawyers Association and the Massachusetts Bar Association. Mr. Mello was recognized as a Rising Star by New England Super Lawyers magazine in 2012, 2013 and 2014. Mr. Mello earned his B.A. in Politics, with a Certificate in Legal Studies from Brandeis University and is a graduate of Boston University School of Law.
Mr. Bresnahan practices in the areas of labor and employment, education, and municipal law. He has negotiated collective bargaining agreements on behalf of numerous municipalities and school committees, and has represented public employers before the courts of the Commonwealth, in arbitrations, and in a wide variety of administrative proceedings before various agencies. He advises public employers in various aspects of employment law. Among his notable experience, Mr. Bresnahan worked on the successful resolution of a strike by a teachers’ union, including filing a strike petition with the former Labor Relations Commission and working closely with the labor commissioners to craft and obtain a preliminary injunction and contempt order in Superior Court. He graduated from Boston College in 2001 with a double major in marketing and history, and received his law degree in 2005, with honors, from The George Washington University Law School.
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
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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