Town of Falmouth, MA Article III The Select Board

[Amended ATE 5-15-2007, Question 7; ATE 5-15-2007, Question 8; ATE 5-15-2007, Question 9; ATE 5-15-2007, Question 12; ATE 5-21-2013; ATE 5-19-2020, Question 3]

§ C3-1 Composition and terms.

A. A Select Board of five (5) members shall be elected for three-year overlapping terms. The regular election for the office of Select Board member shall be held in accordance with Article VI.

B. Vacancies in the office of Select Board member shall be filled by special election in accordance with the provisions of MGL c. 41,§ 10.

C. Any compensation for the members of the Select Board shall be determined by the Town Meeting acting on an annual recommendation of the Finance Committee.

§ C3-2 General powers.

Except as otherwise provided in this Charter, all executive powers of the Town shall be vested in the Select Board. It is the intent of this Charter that the Board shall exercise control over Town affairs by:

A. Setting and communicating policies to be carried out by the Town Manager, other officers, and governmental bodies appointed by the Board.

B. Recommending major courses of action to the Town Meeting.

C. Making recommendations to Town Meeting on all articles except those that are the responsibility of the Finance Committee, the Community Preservation Committee or the Planning Board.

D. Acting on the authorization of the Town Meeting, and if no action is taken, reporting back in a timely manner.

E. The Select Board shall have all the powers and authority of a Select Board, and its members and officers shall have all the powers and authority of members and officers of a Select Board, under any general or special law of the Commonwealth of Massachusetts, any bylaw, rule or regulation of the Town or any contract or agreement of the Town.

§ C3-3 Policy leadership.

A. The Board shall serve as the chief executive goal-setting and policy-making governmental body of the Town. The Board shall set a Strategic Plan of no less than five (5) years to be examined annually and modified as needed, and evaluated for consistency with the Local Comprehensive Plan. The Board shall issue procedures to assure that the actions of Town agencies are evaluated for consistency with the Strategic Plan and the Local Comprehensive Plan. The Board shall cause the Plan to be regularly printed in the Annual Town Report.

[Amended ATE 5-18-2021, Question 2]

B. The Board shall schedule public meetings with such other governmental bodies as it deems necessary, and shall hold them jointly, for the consideration of the Town's Local Comprehensive Plan and other planning and policy initiatives. The Select Board shall participate actively with the Planning Board in the formulation of goals and policies of the Local Comprehensive Plan, meeting with the Planning Board to develop consensus whenever possible.

[Amended ATE 5-19-2020, Question 6; ATE 5-18-2021, Question 2]

C. The Board shall issue policy statements setting the outer limits of possible budget expenditures, as provided in § C8-3C. Such policy statements shall be binding on all Town departments and governmental bodies.

§ C3-4 (Reserved)

§ C3-5 Powers of investigation.

The Select Board shall have the power to make investigations and may authorize the Town Manager to investigate the affairs of the Town and the conduct of any Town department, office, or agency, including any doubtful claims against the Town. For this purpose the investigatory authority may subpoena witnesses, administer oaths, take testimony and require the production of evidence. The report of such investigation shall be placed on file in the office of the Town Clerk, and a report summarizing such investigation shall be printed in the Annual Town Report.

§ C3-6 Powers of appointment.

A. The Board shall appoint:

(1) A Town Manager, as provided in Article V.

(2) A Town Accountant for a term of three (3) years in accordance with MGL c. 41, § 55.

(3) Three (3) members of a Board of Registrars.

(4) Election officers.

(5) Town Constables.

B. The Board shall also have the power to appoint Governmental Bodies as provided in Article VII.

[Amended ATE 5-17-2022, Question 6]

C. The Board shall also have the power to appoint other governmental bodies, to define their duties, set the limits for the scope of their responsibilities and the terms of their existence. Any such governmental body having a planning function shall coordinate its activities with the Planning Board.

[Amended ATE 5-17-2022, Question 6]

§ C3-7 Specific powers, administrative duties and responsibilities.

A. The Board shall not administer the day-to-day operations of the Town but shall direct the Town Manager to do so. The Board shall act only as a collective body and members shall possess no individual authority. The Board shall work through the Town Manager when dealing with matters involving department heads or other Town employees.

B. The Board shall act as the licensing authority of the Town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced, the laws, rules and regulations relating to all businesses for which it issues licenses.

C. The Board shall be recognized as head of the Town government for all ceremonial purposes.

D. The Board shall have the power to approve all collective bargaining contracts to which the Town is a contracting party.

E. The Board shall maintain liaison with all governmental bodies and shall mediate disputes among governmental bodies.

F. The powers and duties of the former Board of Public Works shall be vested in the Select Board..

G. The Select Board. shall publish a copy of the Warrant in a newspaper of general circulation in the Town at least four (4) weeks before a Town Meeting and, again, with recommendations by the Finance Committee, Planning Board and Select Board. at least 14 days before a Town Meeting.

H. The Board shall have the power and authority, after public hearing and publication, to adopt rules and regulations for the conducting of Town business, the use of Town real and personal property and other matters within its jurisdiction and set the penalties for violations thereof.

[Added ATE 5-19-2020, Question 7]

§ C3-8 Prohibitions.

A. Except for the purpose of investigation authorized by this Charter, the Board or its members shall deal officially with Town officers and employees who are subject to the direction and supervision of the Town Manager solely through the Town Manager, and neither the Board nor its members shall give orders to any such officer or employee, either publicly or privately.

B. Members of the Board shall be ineligible to serve on governmental bodies established by this Charter or bylaw to which the Board is the appointive authority with the exception of the Economic Development Industrial Corporation.