The legislative powers of the County shall be vested generally
in the five members who are to perform the functions of County Commissioners,
except those specific legislative powers later identified in this
Charter as being vested in the Town Meeting of the Town of Nantucket.
The five persons who have been elected and are serving as Town
of Nantucket Selectmen shall constitute ex officii the members of the Board of County Commissioners and shall perform
the functions of County Commissioners; provided, however, that the
five Select Board Members acting as the County Commissioners may fix
by ordinance an additional compensation for the County Chair that
is reasonable and commensurate with special duties of that office.
Within 30 days following each annual election of the Board of
Selectmen of the Town of Nantucket, the five members acting as the
Board of County Commissioners shall choose one of its duly elected
members as County Chair and another as County Vice-Chair to serve
until a successor is elected. Neither the County Chair nor the County
Vice-Chair shall concurrently serve respectively as Chair or Vice
Chair of the Nantucket Board of Selectmen. The County Vice-Chair shall,
during any temporary absence or temporary disability of the County
Chair, serve as Acting County Chair.
Three of the five members of the Board of County Commissioners
shall constitute a quorum.
The County Chair shall
(a)
execute and cause the County Clerk to affix the County seal
to all contracts, bonds or other instruments requiring the signature
and seal of the County and having been duly approved by the five members
performing the functions of County Commissioners;
(b)
shall preside over all meetings of the five members who perform
the functions of County Commissioners with the right to vote on all
questions, absent conflict of interest, and shall serve as representative
of the five members at ceremonial and civic occasions;
(c)
serve as an ex-officio nonvoting member of all appointed bodies
in County government; and
(d)
report annually to the people of the County on the work of the
previous year.
The County's Article I powers may be exercised by the adoption, by vote of the five members who act as County Commissioners, of ordinances or otherwise by the adoption of resolutions.
After public advertisement in a newspaper of general circulation within the County at least seven days in advance and after holding a public hearing, the five members who perform the functions of County Commissioners may vote to adopt legislative ordinances, having an effective date 7 days after enactment, unless prior to such effective date a petition as set forth in Section 2.8(d) is filed with the County Clerk, and having permanent force and effect until amended or repealed by the five members, or amended or repealed by Town Meeting of the Town of Nantucket as set forth in Section 2.8 for the purposes specified below notwithstanding any law to the contrary:
(b)
To provide for a fine or other penalty or establish a rule or regulation as authorized in Article I, for violation of which a fine or other penalty not to exceed $300 is imposed;
(c)
Notwithstanding any limitation as may be contained in Chapter 34 or Chapter 35 of the General Laws, to appropriate funds for the operation and maintenance of County government and for the furtherance of County purposes and to authorize the transfer of funds between County departments and agencies; or to grant funds to the Town of Nantucket; provided however that such appropriation, transfer or grant is approved as described in Section 2.7 or Section 2.8 of Article II and provided further that the amount of the County's assessment upon the Town of Nantucket shall be fixed by a Nantucket Town Meeting pursuant to Section 2.8 of Article II; and provided, further, that Chapter 59, Section 20A of the General Laws shall not apply to County assessments applicable to the Town of Nantucket;
(d)
To grant, renew or extend a franchise, license, lease, permit
or other authorization;
(e)
To regulate the rate charged for services provided to any other
governmental unit or authorize a contract with such unit for services;
(f)
To implement the borrowing of money as may be authorized pursuant to Section 2.8 of Article II of this Charter;
(g)
To initiate petitions to the General Court for special legislation
applicable to Nantucket County, subject to the limitation contained
in Section 2.8 of this Charter;
(h)
To acquire any property, whether real or personal, including
any partial interest therein, by purchase, acceptance of gift or eminent
domain and to convey, lease or give by grant any such property, for
any purpose permitted by this Charter and its enabling Act, Chapter
290 of the Acts of 1996, provided, however, that the procedures for
such acquisition or disposition of real property shall comply with
the General Laws and the Constitution of the Commonwealth; and
(i)
Amend or repeal any ordinance previously adopted.
The five members acting as the Board of County Commissioners may act informally at a public meeting without a public hearing to exercise Article I powers by the adoption of resolutions to be immediately effective:
(a)
To establish an advisory council or committee on any subject
and to conduct any inquiry or investigation;
(b)
To elect, appoint and remove County officers and employees,
to the extent permitted by this Charter or otherwise, and to establish
general County personnel policies;
(c)
To exercise the power of advice and consent to actions of the
County Administrator and to approve contracts presented by the County
Administrator;
(d)
To adopt rules for the conduct of business and to fix times
and places for meetings; to establish all five members as a committee
of the whole, and to designate any number of its members as a subcommittee.
(e)
To identify emergency situations and to declare emergencies;
(f)
To designate newspapers for required advertisements or notices;
and
(g)
To take any other actions specified as resolutions.
The Nantucket County Review Committee shall consist of those
persons then serving as the Finance Committee of the Town of Nantucket.
It shall be the duty and responsibility of the Nantucket County
Review Committee.
(a)
to review every article applicable to County matters presented
to any Annual or Special Town Meeting of the Town of Nantucket in
accordance with Section 2.8 of this Charter and to provide to such
Town Meeting the Committee's guidance and recommendations; and
(b)
to approve every appropriation and transfer of money;
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No appropriation of County funds nor transfer of money nor issuance of a grant pursuant to Article II shall be effective unless and until the same has been approved by the Nantucket County Review Committee or the denial of approval by the Nantucket County Review Committee has been overturned as provided in Section 2.8(c).
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Notwithstanding any other provision of this Charter, the following Article I legislative powers may be exercised exclusively by a Town Meeting of the Town of Nantucket
(a)
To authorize by a two-thirds vote the issuance of County bonds
or other County borrowing;
(b)
To ratify or confirm by majority vote any petitions to the General
Court for special legislation applicable to Nantucket County; provided,
however, that such petitions may be submitted to the General Court
in advance of and pending a vote of the next regularly scheduled Town
Meeting, or may be submitted with the proviso that any legislation
enacted as a result shall not take effect unless accepted by such
Town Meeting;
(c)
To fix by majority vote the amount of the County assessment to be imposed upon the Town of Nantucket without regard to any limit contained in Chapter 59, Section 20A of the General Laws; to vote to approve any County appropriation, transfer or grant for which approval has been denied by the Nantucket County Review Committee pursuant to section 2.7(b), provided that an appropriate article has been placed upon the warrant in accordance with the General Laws of the Commonwealth; and
(d)
To vote, by two-thirds vote, to repeal, amend, or veto any County ordinance adopted pursuant to Section 2.5; provided, however, that a petition proposing such repeal or veto at the next Annual or Special Town Meeting shall have been signed by the number of voters required by the General Laws for inclusion of an article upon the warrant and is presented to the Board of Selectmen of the Town of Nantucket within the time permitted for inclusion in the Warrant for such meeting; and provided, further, that if such petition is filed by the proponents thereof with the County Clerk prior to the effective date as described in Section 2.5, the ordinance shall not take effect, and the same shall be stayed, until after the vote of the Town Meeting.
The five members performing the functions of the County Commissioners
shall appoint, on such terms and conditions of employment as deemed
appropriate, and shall have the power to remove, a County Administrator
by a majority vote of those present and voting, and may create the
office of, appoint and remove, an Assistant County Administrator by
such a majority vote, such Assistant to serve as Acting County Administrator
during the temporary absence or disability of the County Administrator.
All Article III appointments by the County Administrator for which County Commissioner confirmation is specified in this Charter or in an administrative code which may be adopted hereunder shall not take effect without the advice and consent of the five members who serve as County Commissioners.
