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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Pittsfield Schools Finalizing Bus Routes for Fall

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The district currently has enough bus drivers for the upcoming school year, and families will know their child's transportation schedule in mid-August. 

With about five weeks left of summer vacation, Superintendent Latifah Phillips updated the School Committee on transportation for the 2026-2027 year with middle school restructuring and the closure of Morningside Community School. 

Busing is a question that has continuously been raised as the Pittsfield Public Schools approach an academic year with a couple of big changes. 

"The reason that the bus stops and times aren't shared until very close to the school year is that routes change based on every student that moves into the district and requires a bus, and so it's important for us to wait as late as possible to ensure that families are getting the most accurate timetable," Phillips explained during a meeting held at Reid Middle School on Thursday. 

"We are also continuing to explore after-school transportation for the four schools receiving Morningside, and a survey was given to students who attend the Summer Morningside 21st Century Program to assess transportation needs."

That survey found that transportation does not appear to be a big impediment to students participating in the after-school program, but funding is set aside to ensure students are able to access the same services as they were the previous year. 

The district is still planning to offer after-school programming for Morningside transfer students, and is working with the four receiving elementary schools (Allendale, Egremont, Williams, Capeless) to plan a practice bus ride. 

Phillips explained that, for someone who has never ridden a bus before, and especially a school bus, they want to ensure that students are poised for success and understand the rules and expectations before the first ride. Students will be able to get on the bus, ride the route, arrive at school, have a quick break, maybe play on the playground and have a popsicle, then return home on the bus. 

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