Quorum rules and the Mullen certification likely to force restarts of active hearings, board told

Townsend planning board members on June 22 were warned that inconsistent attendance and missing Mullen certifications could invalidate the current membership’s ability to decide several ongoing public hearings.

An administrative officer and an attorney explained the Mullen-related rule tied to Mass. Gen. Law ch. 39 §23D and related case law: for adjudicatory public hearings, the panel that begins the hearing must have continuity through deliberation and decision. If members miss sessions without completing a Mullen certification (watching the missed hearing recording and signing under penalty of perjury), they may be disqualified from voting on that matter. The attorney and staff said the current pattern of attendance and a recent election may leave only one member able to vote on some long-running matters unless the board restarts those hearings with a full, consistent panel.

The procedural briefing named specific hearings that may be affected (three-wheeler road, 22 West Meadow and the One Depot matter was discussed earlier) and recommended options: continue without taking testimony, refile or restart hearings so the fresh panel can deliberate and vote without challenge, or use Mullen certifications where appropriate. Board members discussed scheduling and practical impacts on applicants, engineers and attorneys and agreed to check attendance and perhaps restart some hearings to ensure robust membership and avoid future legal challenge.

No substantive land-use determinations were made in this procedural discussion; the board agreed to follow up with staff and to confirm attendance and certification status ahead of the July hearings.