Massachusetts Supreme Judicial Court

Sharing Evaluations By Email Is Open Meeting Law “Deliberation”

On April 5, 2018, the Supreme Judicial Court of Massachusetts found that the town administrator evaluation procedures followed by members of a board of selectmen violated the Open Meeting Law (OML).  A case of first impression, the opinion provides clarification on what constitutes a “deliberation” under the OML, and provides guidance to public bodies on [...]

SJC Affirms Arbitrator Reinstatement of Officer Who Employed Chokehold

In City of Boston v. Boston Police Patrolmen’s Association (SJC Docket 12077) (July 12, 2017), the Supreme Judicial Court denied the City’s motion to vacate an arbitrator’s award reinstating Boston police officer David Williams. In March 2009, Williams applied a chokehold to arrest an unarmed intoxicated suspect, Michael O’Brien, for disorderly conduct, without any prior verbal [...]

Student Who Did Not Appeal Suspension Can Still Sue School

A recent case from the Massachusetts Supreme Judicial Court ("SJC") ruled that a student could sue her school for suspending her even though she did not “exhaust administrative remedies” by appealing the Principal’s decision to the Superintendent as prescribed by statute and school policy. A Lee High School Senior was suspended for felonious behavior – [...]

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