Adoption of G.L. Chapter 258, Section 13, or G.L. Chapter, 41, Section 100.

Mary Connaughton Pioneer Institute filed this request with the Wilmington Town Clerk of Wilmington, MA.
Tracking #

2019-023

Est. Completion None
Status
Fix Required

Communications

From: Mary Connaughton Pioneer Institute


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Any and all documents which indicate the whether the Town of Wilmington has accepted the provisions of G.L. Chapter 258, Section 13, or the provisions of the predecessor statute, G.L. Chapter, 41, Section 100, and the date of any such acceptance.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Mary Connaughton Pioneer Institute

From: Wilmington Town Clerk

Good Afternoon,

I am in receipt of your public records request inquiring whether the Town of Wilmington has accepted MGL Chapter 258, Section 13, or its predecessor statute MGL Chapter 41, Section 100. In reviewing our records and the pertinent sections of the MGL, I notice that Chapter 41, Section 100 is still in effect, but Chapter 41, Section 100 I (space added for ease of reading) was repealed via Chapter 512, Section 10 of the Acts of 1978, which was codified as MGL Chapter 258, Section 13, and which states in pertinent part that "any city or town which accepted section one hundred I of Chapter 41 prior to July 20, 1978....shall indemnity and hold harmless municipal officers, elected or appointed from personal financial loss and expense..."

Therefore, I believe you are seeking information on whether the Town of Wilmington actually accepted either or both MGL Chapter 41, Section 100 I and/or Chapter 258, Section 13, and I therefore provide the attached records (including the statutes discussed in the body of this email) indicating that on March 12, 1977, the Town of Wilmington voted at its Annual Town Meeting to accept Article 10 of the subject warrant, Chapter 41, Section 100 I of the Massachusetts General Laws.

If you were actually interested in Chapter 41, Section 100, no such acceptance was ever made, nor was Chapter 258, Section 13 (but acceptance of the predecessor Chapter 41, Section 100 I makes that unnecessary.

Please feel free to contact me with any questions. Please be advised that you have the right of administrative appeal to the Supervisor of Records pursuant to 950 CMR 32.08(1) and the right to seek judicial review of an unfavorable decision by commencing a civil action in the Superior Court.

Sincerely,

Christine R. Touma-Conway
Office of Town Clerk
Town of Wilmington
121 Glen Road
Wilmington, MA 01887
978-658-2030

This message is for the designated recipient(s) only. If you have received this message in error, please notify the sender immediately and delete the original. Please be advised that email is subject to the provisions of Massachusetts Public Records Law. MA G.L. c. 66.

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