Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 29.00 - Open meetings › Section 29.05 - Complaints

Current through Register 1525, July 5, 2024
(1) All complaints
			 shall be in writing, using the form approved by the Attorney General and
			 available on the Attorney General's website. A public body need not, and the
			 Attorney General will not, investigate or address anonymous complaints. A
			 public body need not address a complaint that is not signed by the complainant.
			 A public body need not address a complaint that is not filed using the Attorney
			 General's complaint form.
(2)
			 Public bodies, or the municipal clerk in the case of a local public body,
			 should provide any person, on request, with an Open Meeting Law Complaint Form.
			 If a paper copy is unavailable, then the public body should direct the
			 requesting party to the Attorney General's website, where an electronic copy of
			 the form will be available for downloading and printing.
(3) For local public bodies, the complainant
			 shall file the complaint with the chair of the public body, who shall
			 disseminate copies of the complaint to the members of the public body. The
			 complainant shall also file a copy of the complaint with the municipal clerk,
			 who shall keep such filings in an orderly fashion for public review on request
			 during regular business hours. For all other public bodies, the complainant
			 shall file the complaint with the chair of the relevant public body, or if
			 there is no chair, then with the public body.
(4) The complaint shall be filed within 30
			 days of the alleged violation of M.G.L. c. 30A, §§ 18 through 25 or,
			 if the alleged violation of M.G.L. c. 30A, §§ 18 through 25 could not
			 reasonably have been known at the time it occurred, then within 30 days of the
			 date it should reasonably have been discovered.
(5) Within 14 business days after receiving
			 the complaint, unless an extension has been granted by the Attorney General as
			 provided in 940 CMR 29.05(5)(b), the public body shall meet to review the
			 complaint's allegations; take remedial action, if appropriate; and send to the
			 complainant a response and a description of any remedial action taken. The
			 public body shall simultaneously notify the Attorney General that it has sent
			 such materials to the complainant and shall provide the Attorney General with a
			 copy of the complaint, the response, and a description of any remedial action
			 taken.
(a) Any remedial action taken by the
			 public body in response to a complaint under 940 CMR 29.05(5) shall not be
			 admissible as evidence that a violation occurred in any later administrative or
			 judicial proceeding against the public body relating to the alleged
			 violation.
(b) If the public body
			 requires additional time to resolve the complaint, it may obtain an extension
			 from the Attorney General by submitting a written request within 14 business
			 days after receiving the complaint. A request may be submitted by the chair,
			 the public body's attorney, or any person designated by the public body or the
			 chair. The Attorney General will grant an extension if the request demonstrates
			 good cause. Good cause will generally be found if, for example, the public body
			 cannot meet within the 14 business day period to consider proposed remedial
			 action. The Attorney General shall notify the complainant of any extension and
			 the reason for it.