Section 29.07 - Resolution(1)No Violation. If the Attorney General determines after investigation that M.G.L. c. 30A, §§ 18 through 25 has not been violated, the Attorney General shall issue a written determination to the subject of the complaint and copy any complainant.(2)Violation Resolved Without Hearing. If the Attorney General determines after investigation that M.G.L. c. 30A, §§ 18 through 25 has been violated, the Attorney General may resolve the investigation without a hearing. The Attorney General shall determine whether the relevant public body, one or more of its members, or both, were responsible. The Attorney General will notify in writing any complainant of the investigation's resolution. Upon finding a violation of M.G.L. c. 30A, §§ 18 through 25, the Attorney General may take one of the following actions:(a)Informal Action. The Attorney General may resolve the investigation with a letter or other appropriate form of written communication that explains the violation and clarifies the subject's obligations under M.G.L. c. 30A, §§ 18 through 25, providing the subject with a reasonable period of time to comply with any outstanding obligations.(b)Formal Order. The Attorney General may resolve the investigation with a formal order. The order may require:1. immediate and future compliance with M.G.L. c. 30A, §§ 18 through 25;2. attendance at a training session authorized by the Attorney General;3. nullification of any action taken at the relevant meeting, in whole or in part;4. that minutes, records or other materials be made public;5. that an employee be reinstated without loss of compensation, seniority, tenure or other benefits; or6. other appropriate action. Orders shall be available on the Attorney General's website.
(3)Violation Resolved After Hearing. The Attorney General may conduct a hearing where the Attorney General deems appropriate. The hearing shall be conducted pursuant to 801 CMR 1.00: Formal Rules, as modified by any regulations issued by the Attorney General. At the conclusion of the hearing, the Attorney General shall determine whether a violation of M.G.L. c. 30A, §§ 18 through 25 occurred, and whether the public body, one or more of its members, or both, were responsible. The Attorney General will notify in writing any complainant of the investigation's resolution. Upon a finding that a violation occurred, the Attorney General may order: (a) immediate and future compliance with M.G.L. c. 30A, §§ 18 through 25;(b) attendance at a training session authorized by the Attorney General;(c) nullification of any action taken at the relevant meeting, in whole or in part;(d) imposition of a fine upon the public body of not more than $1,000 for each intentional violation; however, a fine will not be imposed where a public body or public body member acted in good faith compliance with the advice of the public body's legal counsel, in accordance with M.G.L. 30A, § 23(g);(e) that an employee be reinstated without loss of compensation, seniority, tenure or other benefits;(f) that minutes, records or other materials be made public; or(g) other appropriate action. Orders issued following a hearing shall be available on the Attorney General's website.
(4) A public body, subject to an order of the Attorney General following a written determination issued pursuant to 940 CMR 29.07, shall notify the Attorney General in writing of its compliance with the order within 30 days of receipt of the order, unless otherwise indicated by the order itself. A public body need not notify the Attorney General of its compliance with an order requiring immediate and future compliance pursuant to 940 CMR 29.07(2)(b)1. or 940 CMR 29.07(3)(a).(5) A public body or any member of a body aggrieved by any order issued by the Attorney General under 940 CMR 29.07 may obtain judicial review of the order through an action in Superior Court seeking relief in the nature of certiorari. Any such action must be commenced in Superior Court within 21 days of receipt of the order.Amended by Mass Register Issue 1349, eff. 10/6/2017.