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Select Board appoints outside hearing officer and conditionally extends Mission Brookline license

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Summary

The Select Board agreed to appoint a mutually acceptable external hearing officer to review alleged violations by Mission Brookline and conditionally extended the retailer's license until two weeks after the board concludes consideration of the hearing officer's report.

The Select Board on Jan. 28 agreed to appoint an outside hearing officer, to be mutually selected by town counsel and the licensee’s counsel, to review alleged violations of local bylaws and the host community agreement by Mission MA, Inc., doing business as Mission Brookline. The board said the hearing officer would be independent of the town’s regular staff and would produce a report and recommendation for the board to consider.

Attorney Jeffrey Allen, representing the licensee, proposed an external neutral given the board’s prior actions and public perceptions about impartiality; he and town counsel discussed a process in which a mutually agreed neutral would hear evidence and issue findings that the board could accept, reject or modify. "I am suggesting tonight is that the town, the Select Board, appoint a hearing officer who will be mutually agreed upon between Town Counsel and myself to hear this case," Allen said.

After discussion, the Select Board unanimously approved a motion to appoint a hearing officer outside the town’s employ at the town’s expense and then voted to extend Mission Brookline’s license conditionally until two weeks after the board’s final conclusion on the hearing officer’s report, ensuring the license would not be considered forfeited while the review is pending.

Town counsel also clarified that the extension permits the board to continue its review and, if needed, schedule additional proceedings after receipt of the hearing officer’s report. The board did not make a final determination on alleged bylaw violations or on revocation during the Jan. 28 meeting; the external review will be the next step.