To see if the Town will vote to authorize and request the Select Board to petition the Massachusetts General Court to allow the Town to satisfy requirements for legal notices set forth in the general laws by allowing the publication of notices on the Town’s website and/or in a local digital newspaper, along with the option of continuing the current practice of publication in a newspaper of general circulation; or take any action relative thereto.

(Inserted at the request of Larry Slotnick and ten registered voters)

(4 - 0)

Mr. Helmuth recused himself

The Select Board endorses this resident petition effort to provide more flexible and potentially lower cost means of satisfying the Town’s legal advertising requirements for items such as hearings before town boards and commissions.  At present, the law requires the Town to publish legal ads in the print version of a newspaper of local or general circulation.  While the Town has consistently supported its local newspapers, there exists significant concern about the long-term viability of the print edition local newspapers.  As such, the Town could be forced to expend significantly greater sums to advertise legal ads in Boston’s newspapers, where Arlington legal notices are also less likely to be seen by residents and concerned parties.

The proposed special legislation would provide the Town the option, but not requirement, to satisfy legal notice requirements through a combination of any two publication venues, such as the Town’s website and the Commonwealth’s repository for legal ads.  It would also allow the Town to publish legal ads on local news websites (if they can meet legal requirements for archiving notices), or continue publishing in print media.  The Select Board or the School Committee respectively would be charged with having a public vote to determine the adequate means of notice publication.  Neither the length of the posting period of legal notices nor committee and commissions’ obligations under the Open Meeting Law would be affected by the special legislation.  Mr. Helmuth’s recusal on this and other articles before the Meeting avoids a conflict of interest with his employment by the state legislature.

That the Town does hereby request and authorize the Select Board to file Home Rule Legislation to provide substantially as follows:

“AN ACT ALLOWING ‘PRINT FREE’ DIGITAL LEGAL NOTICES FOR THE TOWN OF ARLINGTON” 

Section 1.   Purpose 

The purpose of this Act is to allow, but not require the Town of Arlington and its subdivisions to satisfy legal notice requirements entirely by digital publication as voted necessary by its Select Board in light of the changing landscape of print newspaper businesses, particularly at the local level.

Section 2.  Means of Legal Notice Publication 

Notwithstanding G.L. c. 4 section 13(b), wherever the Town of Arlington, Arlington Public Schools and/or their subdivisions, committees, boards, commissions, or officers are required by statute, ordinance, by-law or judicial order to publish a legal notice in a newspaper or newspaper of general circulation, the person, corporation, agency, authority, municipality or other legal entity may satisfy such requirement by one or more of the following means as authorized by local vote in Section 3: 

A.    a newspaper of local or general circulation’s print publication; 

B.    a newspaper’s website; 

C.    websites reporting local news and opinion which satisfy all criteria for digital publication set forth in G.L. c. 4 section 13(b) 

D.    a statewide website that may be maintained as a repository for such notices; 

E.    a town wide website that may be maintained as a repository for such notices; 

Section 3.  Local Vote on Means of Publication

A. For all legal notices to be issued by Town of Arlington boards, committees, commissions and officials, including, but not limited to the Arlington Zoning Board of Appeals, the Arlington Redevelopment Board, the Conservation Commission, the Arlington Historic District Commissions, the Town Manager, Town Treasurer, Town Clerk, Police Chief, Fire Chief, and Building Commissioner, the Select Board by majority vote shall determine at least two of the means of legal notice publication set forth in Section 2 to satisfy publication requirements.

B.   For all legal notices to be issued by Arlington Public School boards, committees, commissions and officials, the School Committee by majority vote shall determine at least two of the means of legal notice publication set forth in Section 2. 

C.  The Select Board and School Committee may revisit their means of publication votes at their discretion and elect different means of publication from the options afforded under Section” 2” by majority vote.

Section 3.  Nothing set forth in this Act shall be construed to alter or amend the time or timing of publication of legal notices set forth in the General Laws.

Section 4. This Act shall take effect upon passage. 

Select Board Report

Presentation, Larry Slotnick, Precinct 7

• PDF format
• PPT format