SJC: Public Records Petition 'Proper'

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BOSTON — The Supreme Judicial Court in an advisory opinion released Monday found the petition to bring the Legislature and governor's office under the Public Records Law is "proper" as a form of law.
 
"Its principal purpose is not to regulate the internal proceedings or operations of the two Houses," the court wrote. "Instead, its principal purpose is to provide the public with a new right of access to the records of the General Court and the office of the Governor, applying the existing public records law to those bodies alongside the other governmental bodies already subject to the law. "
 
The state Senate asked the Supreme Judicial Court to weigh in on whether public records petition was a violation of the state constitution. The Legislature is required to act on the matter by May 5; if not, supporters plan to put it on the ballot in November. 
 
Auditor Diana DiZoglio has championed the petition as a measure to bring greater transparency to the workings of state government and as part of her own battle to audit the Legislature. More than 70 percent of voters approved the audit question in November 2024. 
 
The Senate asked the court whether, first, the petition was a law or a rule that would interfere with its internal processes and, second, would it create "new and unprecedented authority" to the courts to determine challenges to records determinations.
 
The court offered "that the petition proposes a law and is therefore properly pending before the Legislature" and, for Question 2, concluded "that the proposed measure does not relate to the powers of courts."
 
The court declined to answer three following questions related to intrusions on Senate authority and General Court authority, and violation of rights of  "deliberation, speech and debate" granted to members and staff.
 
Those questions were "not amenable to consideration in the abstract," the opinion stated. 
 
"Instead, the better course is to wait and, if the initiative is enacted in its current form and is not amended by the Legislature, to consider any challenge to its constitutionality in the context of a future, concrete dispute. "
 
A second petition before the Legislature, which would have set compensation for legislative officers, was considered by the court as a rule rather than a law, as "Laws govern conduct external to the legislative body, while rules govern internal procedures." 
 
"The people's power to make laws through the initiative petition process is equal to the Legislature's bicameral lawmaking power, legislative pay is a proper subject of the initiative process," the court wrote. "The proposed measure, however, goes beyond adjusting legislative pay by using compensation as a means of regulating internal legislative procedures."

 


Tags: Legislature,   public records,   supreme judicial court,   

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State Housing Secretary Tours Downtown Pittsfield Developments

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The state's new secretary of the Executive Office of Housing and Livable Communities on Monday saw how local developers are transforming historic buildings into downtown housing units. 

Secretary Juana Matias, appointed to the role in February, toured the former St. Joseph's High School on Maplewood Avenue and the near-complete Wright Building Block on North Street.   

Matias observed local leaders working collaboratively to dismantle bottlenecks in housing production, something she said the administration wants to see across all 351 municipalities.  

"This is a perfect model of the partnerships we want to see, and we love coming to the ground and seeing how people are leveraging public taxpayer dollars to help address the issue of our time, which is housing production," she said after the tours. 

Developer David Carver, of Scarafoni Associates & CT Management Group, is seeking support from the state Housing Development Incentive Program to transform St. Joe's into apartments, and Allegrone Companies has secured millions from the program towards the Wright Building renovation

They first visited the shuttered school that functioned as a shelter during the onset of the COVID-19 pandemic, greeted by broken windows and leaving with Carver's vision. 

The plan is to transform the school with good bones into 19 apartments, 20 percent designated affordable, and 30 percent of the building for commercial use.  Units are expected to cost between $1,700 and $1,900 per month; 14 one-bedroom units and five two-bedroom units are planned. 

The project team is in talks with the nearby Berkshire Family YMCA to expand their childcare activities to the building's lower level.  Residents and the daycare would use different entrances. 

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