Town of Barre, MA Chapter 405 Council on Aging Bylaws

[HISTORY: Adopted by the Town of Barre Council on Aging as amended through 1-14-2009. Subsequent amendments noted where applicable.]

§ 405-1 Establishment; statutory authority.

The name of the organization shall be the Barre Council on Aging, hereinafter referred to as the "Council," as established by the Town of Barre, April 1974, pursuant to MGL c. 40, § 8B.

§ 405-2 Purposes.

The basic purposes of the Council are to:

A. Identify the needs of elders in the community.

B. Educate the community and enlist the support and participation of all citizens to meet the needs of elders.

C. Design, advocate, and/or implement services to fill these needs, or to coordinate existing services.

D. Cooperate with the Massachusetts Executive Office of Elder Affairs, and the Central Mass Agency on Aging, and to be cognizant of state and federal legislation and programs regarding elders.

§ 405-3 Location of offices.

The principal office of the Council shall be located at the Barre Senior Center, 557 South Barre Road, Barre, Massachusetts. All mail shall be delivered to Post Office Box 433, unless another shall be specified by the Director or officers of the Council.

§ 405-4 Membership.

A. The Council shall consist of nine members (who are residents of the Town of Barre).

B. Council members shall be appointed by the Select Board.

[Amended 6-15-2021 ATM, Art. 20; 6-13-2023 ATM by Art. 24]

C. No person shall serve as an elected officer in the same position for more than three years in succession.

D. Council membership shall reflect the make-up of the community-at-large and shall be composed of at least 51% of elders (persons 60 and over).

E. All members shall be sworn in by the Town Clerk before assuming their duties.

§ 405-5 Voting rights of members.

All voting rights shall be vested in the members, and each individual member shall be entitled to one vote with respect to any question or matter that may come before a meeting of the members of the Council. Council members and employees are subject to the state's Conflict of Interest Law [MGL c. 268A; see especially §§ 1 through 3, 8 through 10, 17 through 23, (not 23A), 24, 25].

§ 405-6 Meetings of members.

A. Regular meetings.

(1) Regular meetings of the members of the Council shall be held once a month on the first Wednesday unless otherwise posted.

(2) The Council shall distribute to its members minutes of the previous meeting and an agenda for the upcoming meeting at least seven days prior to each regular meeting.

B. Special meetings.

(1) Special meetings of the Council may be called at any time by the Chair or at the request of at least three other members of the Council.

(2) Due notice (written or verbal) must be sent to each member of the Council at least 24 hours prior to the scheduled meeting time.

C. Annual meeting. The annual meeting of the Council shall be held on the first Wednesday in September for the purpose of electing officers.

D. Meeting notices. All meetings shall be in accordance with the provisions of the Open Meeting Law (MGL c. 39, § 23B).

E. Quorum. At all meetings of the Council, the presence of a simple majority of the total membership shall be necessary and sufficient to constitute a quorum for the transaction of any business. Votes shall be cast only by members in attendance.

F. Conduct of meetings. All meetings shall be conducted in accordance with Robert's Rules of Order.

§ 405-7 Resignation; attendance requirements.

[Amended 6-15-2021 ATM, Art. 20]

A. Resignation. In the event that a member wishes to resign from the Council, he/she shall notify the Select Board and the Council in writing (through the Town Clerk).

B. Attendance. As a matter of policy, regular attendance is expected of all members. In the event of absence of any member for three consecutive meetings, except for reasons of health or extenuating circumstances as duly reported to the Chair in advance of Council meetings, the Council shall request resignation of that member through the Select Board. Six absences during any calendar year shall constitute an automatic dismissal from the Council.

§ 405-8 Officers.

A. Background.

(1) The officers shall consist of a Chair (Chairperson), a Vice Chair, and Secretary.

(2) Officers of the Council shall be elected at the annual meeting of the Council and shall take office upon election.

(3) Election of officers to fill vacancies created by death, resignation, or other cause, may take place at any regular or special/emergency meeting and shall be for the unexpired term of the previous incumbent; however, the office of the Chair, if vacated, shall be filled by the Vice Chair for the unexpired term of the Chair's normal term of office. The position of Vice Chair will then be filled by election.

B. Chair. The Chair shall be the Chief Executive Officer of the Council, subject to the direction of members of the Council. He/She shall prepare an agenda in conjunction with the Director, preside at all meetings of the members, appoint all committees and their chairs, and be an ex-officio member of all committees.

C. Vice Chair. During the absence, or disability of the Chair, the Vice Chair shall exercise all the functions of the Chair and, when so acting, shall have all the powers and be subject to all the restrictions of the Chair.

D. Secretary. The Secretary shall:

(1) Accurately record all the proceedings of the meetings of members; and

(2) Forward to the director within seven days.

E. Representation. No member of the Council or its staff shall make written or oral representations for the Council, unless authorized by Council vote.

§ 405-9 Amendments.

Amendments or alterations of these bylaws may be considered at either a regular or special meeting of the Council called for such purpose. In either case, notification of the meeting and its purpose shall be given at least 14 days prior to assembly. Accompanying this notification shall be a summary of the proposed action, the full text of the proposed amendment or alteration, and a statement of the purpose of the proposed changes. The proposed amendment or alteration of the bylaws must be approved by a vote of 2/3 (six) members of the Council.

§ 405-10 Relationship with staff.

A. The Council shall recommend candidates for the position of Director to the Select Board.

[Amended 6-15-2021 ATM, Art. 20]

B. The Director shall recommend for hire all subordinate staff positions, including temporary positions.

C. Council on Aging boards are primarily advisory.

(1) Board members shall refrain from supervisory and (day-to-day) management activities.

(2) The Board shall consult with the Director and other staff (if appropriate) in policy matters.

(3) Staff and Council members shall ensure the confidentiality of individual client records.

(4) The Council shall fill all vacant and new positions in accordance with local personnel practices and procedures.

§ 405-11 Service on committees.

Council members shall be available to serve on one or more committees as appointed by the Chair.

§ 405-12 Effective date.

The effective date of the bylaws shall be the date of that meeting at which the bylaws shall have been approved by an affirmative vote of not less than 2/3 of the members present. The date on which this approval is voted is July 7, 1999.