Hours: Mon 10:30-noon, Wed 6:30pm-8:00pm and by appointment
Phone: 413-655-2300 x301
Town Clerk Dawn Frissell
The Town Clerk performs administrative and supervisory functions in connection with the maintenance of official municipal records, the issuing of various licenses and official Town documents, management of the Town census, and the direction of election activities.
Town Clerk News Regarding Absentee Voting
Posted March 26, 2020
These are the steps you can take to vote absentee in any of the upcoming elections in Hinsdale, both town and state:
The most important step in getting your ballot through the mail is to submit an absentee ballot application as early as possible. You can do this by going to www.sec.state.ma.us. Click on “ELECTIONS”. Once you have done that, click on “VOTER INFORMATION”. From there click on “Absentee Voting”. Once you have done this you will see “Absentee Ballot Application”. Fill out the appropriate sections, SIGN the Application, then e-mail the form back to the Town Clerk’s office (email@example.com). The application can also be sent by mail to Town Clerk, PO Box 803, Hinsdale, MA 01235. For absentee voting, you must list a reason for wanting to vote by absentee ballot. For this election you may use “Precautions due to COVID-19”
Another form of application is an e-mail sent to the office requesting an absentee ballot for a particular election or primary. This must contain your full name, address, and, for a state primary, your party enrollment. If you are registered unenrolled and voting in a state or presidential primary, you must pick the party you want to vote for: Democrat, Republican, Green Rainbow, or Libertarian. You can only vote a split ticket during a regular state or presidential election. This request must have your signature. This letter may also be sent by regular mail. (Town elections are non-partisan.)
For this Town Election only, some of the Early Voting by mail rules have been suspended. Follow the same steps you would if you were voting absentee to get your Early Voting by Mail Application. Click on Early voting, and you will see the application link. Once again this needs a signature and can be e-mailed or sent to the Town Clerk’s office. Early voters do not need to give a reason for voting early. (Usually for early voting there is a specific time frame in which you can vote. For the Town election, this is not the case)
Under normal circumstances, you could also come to the Town Hall and vote in the office. The Town Hall is currently closed to the public. Until this changes, we will not be able to accommodate walk-in, absentee voting. This is why it is so important to be aware of the time frame for applying for your ballot and what method you use.
If there are any other questions not addressed here, you may call the Clerk’s office at 655-2301. If no one is there to answer, please leave a message. If you are sending an application by regular mail or e-mail please check by phone to make sure your application has arrived.
Town Clerk News Regarding Annual Town Election - 2/19/2020
The Annual Town Election will be Saturday, May 16th from 10:00 AM to 6:00 PM
Nomination papers for the Town Election will be available on Monday, March 9th from 10:30 to 12:00, and all regular office hours up to the deadline. (If there are any problems in obtaining papers, please contact this office: 655-2301)
The last day to obtain nomination papers will be March 23rd, 10:30AM – 12:00 noon
Last day to submit nomination papers will be March 25th by 5:00PM
Last Day to register to vote for the Town Meeting and Election is Thursday, April 23rd from 2-4 PM and 7-8PM
Offices that will appear on the ballot are:
1 Selectman for three years
1 Assessor for three years
3 Finance Members for three years
1 Town Clerk for three years
1 Planning Board member for 5 years
1 Planning Board member for 4 years (to fill a vacancy)
Important Changes to Open Meeting Law Regulations - Effective October 6, 2017
The Attorney General’s office promulgated revisions to the Open Meeting Law (“OML”) regulations at 940 CMR 29.00 – 29.11. While several of the amendments are organizational or intended to remove superfluous terms, there are also several important substantive changes. This update summarizes the most important amendments to the regulations, which may be found in their entirety at the Attorney General’s website at https://www.mass.gov/the-open-meeting-law. Public bodies must familiarize themselves with these new regulations, which are currently in effect.
940 CMR 29.02 - Definitions
The definition of “intentional violation” has been revised to remove reference to reliance on advice of the public body’s legal counsel. However, reliance on the advice of legal counsel remains a defense to a claim of intentional violation if the body made a “good faith attempt at compliance [with the OML] but was reasonably mistaken.”
940 CMR 29.03 - Notice Posting Requirements
The principal change to this section concerns the “alternative posting location” for meeting notices. Notices must still be filed with the city or town clerk’s office. However, Section 29.03(2)(a) now states that the clerk shall post notice in a location “in, on or near” the municipal building that houses the clerk’s office and that is visible at all hours (an exterior bulletin board, for example).
Importantly, the regulations now expressly provide that a municipality may use its official website to satisfy the “all hours” requirement. It is no longer necessary to post meeting notices in two locations. The decision to use the website as the official posting location must be made by the “chief executive officer”, generally the Mayor in a city and the Board of Selectmen in a town, although reference should be made to a municipal charter if applicable. Municipalities that previously designated the municipal website for this purpose need not repeat the process. Be aware, however, that notice of the designation of the website as the official posting location must itself be posted on or adjacent to the city or town hall, with instructions as to how to locate the website. Copies of posted meeting notices must be accessible at the clerk’s office during normal business hours.
If the website is the official posting location, the Attorney General’s regulation requires “every effort” to insure that the website is accessible at all times. If a website becomes inaccessible for any reason within 48 hours of a meeting, the clerk or other person responsible for the website must restore access to the website posting within 6 hours of when the problem is discovered. If this cannot be accomplished, then the meeting notice will be considered to be insufficient and “the public body must re-post notice of its meeting for another date and time.” [emphasis added]. This could have significant implications for public hearings that have been advertised, etc., making a functioning website meeting calendar very important.
Finally, the regulations expressly provide that the date and time of a meeting notice posting must be recorded “thereon or therewith.” If the meeting notice is amended, the date and time of the amendment must also be conspicuously recorded in the same manner.
940 CMR 29.04 - Certification
The municipal clerk remains responsible for providing any new public body member with copies of the OML, the Attorney General’s regulations, and the Attorney General’s “Open Meeting Law Guide” located on the Division of Open Government’s ("Division") website. The member must submit a certification of receipt to the clerk within two weeks.
Importantly, however, the regulations now require the municipal clerk to provide new members with all Division OML determinations of violation issued to that public body within the previous five years. While this also appears to be the clerk’s responsibility, be reminded that the municipal clerk does not receive these determinations when issued by the Division. Therefore, a public body that receives any such determination must maintain its own file and provide copies to the clerk’s office.
Another new provision states that individuals that serve on multiple public bodies must submit a certification for each body, and further that members that are reappointed or reelected must sign a new certification.
940 CMR 29.05 - Complaints
The Attorney General has clarified two important points in the complaint process. First, the regulation now states that if an OML complaint is filed with a public body but not on the Attorney General’s official complaint form, the body “need not address” such complaint. In addition, the regulation now specifically states that although the public body may delegate responsibility to prepare a response to the complaint to another individual, the body must meet prior to a final response being sent to the complainant to review the complaint and discuss its response and any remedial action it might take.
The regulations at 940 CMR 29.05(7) now state the established position of the Attorney General that a complaint must be filed within 30 days of the alleged violation or 30 days after the violation “should reasonably have been discovered.” Complaints must still be filed both with the public body and with the municipal clerk.
Section 29.05(9) authorizes use of a mediation process if a complainant files multiple complaints. This process would be at the city or town’s expense, however. If a municipality seeks to engage in mediation, and the complainant declines, the Attorney General may decline the complainant’s request to review the OML complaint and issue a determination.
940 CMR Section 29.07 - Resolution
Notably, the revised regulations deleted the requirement that the Attorney General conduct a formal hearing in front of an administrative law judge before issuing an order to nullify a public body’s action, or reinstate an employee whom the Attorney General concluded was terminated in violation of the OML. Another important revision requires the municipality to notify the Attorney General in writing within 30 days of action taken to comply with a determination of violation.
940 CMR Section 29.10 - Remote Participation
This section has been revised by deleting the five “permissible reasons” for participating remotely. Instead, a member of a public body may participate remotely if that member’s attendance would be “unreasonably difficult.” The new regulation also recognizes that a commission on disability may allow remote participation at its discretion, and further that unlike other public bodies using remote participation, it is not mandatory for a quorum to be physically present in the meeting room.
940 CMR 29.11 - Meeting Minutes
The new regulations resolve uncertainty as to the time frame for approval of meeting minutes. Approval of open and executive session meeting minutes must now occur within the next three meetings or 30 days, whichever is later. If approval takes longer, the public body will need to demonstrate to the Attorney General that good cause exists for the delay.
In summary, the new regulations add several new provisions of which public bodies must be aware. If you have any questions about these new regulations, or any other aspect of the Open Meeting Law, please contact Attorneys Brian W. Riley (firstname.lastname@example.org), Lauren F. Goldberg (email@example.com) or any other member of the firm's Government Information and Access Group at 617.556.0007.