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Attorney General OKs Williamstown Ban on Smoking in Apartments

By Stephen DravisiBerkshires Staff
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WILLIAMSTOWN, Mass. — The Attorney General's Office has approved a town meeting action to implement a smoking ban for apartments with more than four units.
 
Now it is up to the town to figure out how to implement the restriction.
 
In May, town meeting by a 148-56 margin, voted yes on a warrant article proposed by citizen's petition and endorsed by the town's Board of Health.
 
The Board of Health and the town's health inspector, would have the authority to impose fines of up to $300 for repeat offenders.
 
The primary responsibility for enforcing the ban on smoking within 25 feet of an apartment or condominium would fall on the landlord or "condominium/cooperative manager," who would be on the hook for the fines, which start at $100 for a first violation.
 
The AGO had asked the town for an extension to the standard period for the review made for all town meeting actions across the commonwealth.
 
On Monday evening, Town Manager Robert Menicocci told the Select Board that he received word at the close of business that the Attorney General's Office gave its blessing to what was listed as Article 30 on May's annual town meeting warrant.
 
"They essentially said: We can't find any reason not to approve this," Menicocci said, paraphrasing the official notification from Boston.
 
"We definitely have a lot of follow-up and questions for our counsel. The important takeaway is there aren't barriers to moving forward, but there are barriers on how to craft something that's workable."
 
Menicocci indicated that existing law and legal precedent surrounding housing rights make it a complex issue that will involve considerable help from town counsel to develop an enforcement action plan.
 
Although the primary enforcement lies with landlords in the ordinance as drafted, there are issues of consistency on how the ban is applied throughout town and how the health inspector will play "referee," Menicocci said.
 
The AGO also on Monday told the town that Article 27 before the 2025 annual town meeting was, "essentially approved with one condition," Menicocci said.
 
Article 27 dealt with the use of closed-loop geothermal wells, specifically regulating the use of systems that employ propylene glycol or "any other chemical heat transfer fluid other than potable
water" in the town's Water Resource District.
 
The town manager said he still needs time to study the notification received late Monday before getting into specifics. But he said the bylaw approved by town meeting, "largely ... can move forward with the exception of some text they disapproved of related to some environmental protection stuff superseded by some state regulations."

Tags: smoking ban,   smoking regulations,   

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Mount Greylock School Committee OKs Updated Policy on Seclusion, Restraint

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Mount Greylock School Committee recently approved an updated policy on time-outs, seclusion and the physical restraint of students.
 
The policy is based on updated state regulations that came down last winter. Superintendent Joseph Bergeron told the panel at its August meeting that his office waited on recommendations from the Massachusetts Association of School Committees that were released in May and ran the proposed changes past the district's legal counsel.
 
That timing — and an expectation from the commonwealth that districts have the updated policy in place for the start of the 2026-27 academic year — led to an expedited process for the School Committee, which did not do a first read with a vote at a subsequent meeting as is its practice.
 
"Policy JKAA speaks to the ways the school district and our procedures shall abide by the updated state regulations," Bergeron said. "We're not going to have a lot of leeway.
 
"Nothing about the way we interact with our students on a day-to-day basis is being shifted by this."
 
For example, the commonwealth does not allow schools to use "seclusion," or, "the involuntary confinement of a student alone in a room or area, with or without adult supervision," except some extreme cases, like when, "when student behavior poses an imminent threat of assault, or imminent serious physical harm to self or others, but only if safeguards are accounted for," the updated policy reads.
 
"From the state's perspective and my perspective, the idea of locking a child in a room without adult supervision is something we've never done," Bergeron said. "And it's something the state wants to make explicitly that nobody ever does."
 
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