Amend Section 3.1.3 of the Town's General By-Laws to prohibit Non-Disclosure Agreements

Petitioner: Jonathan Margolis, TMM 7

Special Town Meeting, November 2018

This article would bar the Town from using various legal devices (e.g. gag orders, nondisclosure agreements, confidentiality agreements) to prevent people from speaking publicly about discrimination, retaliation, and harassment claims against the Town. The article would require the Town to promptly publicize the settlement of any discrimination, retaliation, or harassment claim. The article permits a claimant to obtain an agreement from the Town not to disclose their identity.

Official Town Meeting Vote Select Board Advisory Board

No Action

No Action

No Action




Final Result:

No Action

Community Organization Recommendations
PAX Green Caucus

No Action

Official Text of the Article

MOVED: To amend Article 3.1, Section 3.1.3 of the Town's General By-Laws ("LITIGATION AND CLAIMS") by adding the following language at the end of said section:

The Town shall not propose or require, as a condition to resolve any claim for unlawful discrimination, retaliation or violation of civil rights, that the claimant be precluded from disclosing the terms on which the claim has been resolved, or agree to refrain from making public statements concerning the claim, and the Select Board shall not enter into any agreement to resolve any claim in which the Town has sought such an agreement. The Town may enter into such an agreement if it has been sought by the claimant.

The Town shall report on its website all claims described in the preceding paragraph that were above resolved during the previous six months within 15 days of the close of the fiscal year and 15 days of the end of the sixth month of the fiscal year. If a claim has been resolved with an agreement precluding disclosure, as permitted in the preceding paragraph, it shall be reported by specifying only the nature of the claim, the amount (if any) paid by the Town or on its behalf, and the date of resolution.…