[Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual
Town Election, Question 5]
3-1-1 A Select Board of five members, hereinafter in this chapter
to be known as "the Board," shall be elected at-large for three-year
overlapping terms. [Amended 5-13-2019 ATM, Art. 59, approved
6-23-2020 Annual Town Election, Question 5]
3-1-2 Vacancies in the office of Select Board shall be filled
by special election in accordance with the provisions of M.G.L. Chap.
41, Sect. 10. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020
Annual Town Election, Question 5]
3-1-3 The Select Board shall normally hold at least one regularly
scheduled evening meeting a month, and as otherwise needed to conduct
Town business, and shall provide an opportunity for citizens to speak. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election,
Question 5]
3-1-4 Members of the Board shall each receive an annual honorarium
not to exceed three thousand dollars ($3,000), and shall receive actual
and necessary expenses incurred in the performance of their duties
of office, as provided by general law and vote of the Town. The Chairperson
shall receive an additional amount not to exceed five hundred dollars
($500) annually as provided by vote of the Town. [Amended 5-11-2015
ATM, Art. 46, effective 5-18-2016]
3-2-1 The Board shall serve as the chief executive goal-setting
and policy-making agency of the Town. The Board shall cause the policies
of the Town to be regularly published, and copies shall be made available
to those requesting them.
3-2-2 In addition to the power of adopting policies for the
Town, the Board shall have the power to enact rules and regulations
establishing Town policies, not otherwise governed by General Law,
Charter, or By-law, provided, however, that if an appropriation shall
be necessary to implement such action, the vote of the Board shall
be effective only when such appropriation has been authorized by the
Town Meeting.
3-2-3 The Board shall issue policy statements setting the outer
limits of possible budget expenditures, as provided in clause 8-2-6.
3-3-1 Except as otherwise provided by this Charter, all executive
powers of the Town shall be vested in the Board and it shall have
all of the powers and duties given to boards of selectmen under the
Constitution and General Laws of the Commonwealth, and such additional
powers and duties as may be authorized by the Charter, by By-law,
or by any other Town Meeting vote.
3-3-2 Members of the Board shall possess no individual authority
unless such authority shall have previously been granted by vote of
the Board.
3-3-3 The Board shall cause the Charter, By-laws, and rules
and regulations for the government of the Town to be enforced and
shall cause an up-to-date record of all its official acts to be kept.
3-3-4 The Board shall develop and annually update the Town’s
Emergency Plan, and publish appropriate emergency response guidance
to its citizens.
3-4-1 The Board shall delegate the responsibility for the administration
of the Town's business to the Town Manager. As such, the Board shall
not administer the day-to-day affairs of the Town. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
3-5-1 The Board shall be responsible for the development and
implementation of intermunicipal and regional cooperation with one
or more other towns, civil divisions, subdivisions, or agencies of
the Commonwealth or the United States government.
3-5-2 In developing any intermunicipal agreement, the Board
shall carefully weigh all factors, including the cost of establishing,
implementing and maintaining the agreement, the cost of liability
insurance as well as the potential advantages of the proposed agreement.
Any agreement shall clearly delineate the responsibilities of the
several parties to such agreements.[1]
3-5-3 Members of the Board shall normally represent the Town
on regional and/or intermunicipal committees. When deemed necessary,
the Board shall designate a Town employee or other person to represent
the Town.
[1]
Editor's Note: Former § 3-5-3, which required Town
Meeting approval for appropriations over $500,000, as amended, which
immediately followed this section, was repealed 5-9-2022 ATM by Art. 57, approved 5-16-2023 Annual Town Election, Question 16. This article
also redesignated former 3-5-4 as 3-5-3.
3-6-1 The Board shall maintain liaison with all multi-member
bodies.
3-6-2 The Board shall mediate disputes among Town multi-member
bodies.
3-7-1 The Board may investigate 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 claims against the Town,
and for this purpose the Board may subpoena witnesses, administer
oaths, take testimony, and require the production of evidence. The
report of such investigation shall be filed with the Town Clerk, and
a summary report thereof shall be printed in the next Town report. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town
Election, Question 20]
3-8-1 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.
3-8-2 The Board shall be recognized as head of the Town government
for all ceremonial purposes.
3-8-3 The Board shall act as Park Commissioners pursuant to
the provisions of General Laws Chapter 45, Section 2, and shall have
and exercise all the authority, powers and duties of Park Commissioners
conferred by the General Laws of the Commonwealth, the Charter, or
the By-Laws of the Town of Orleans.
3-8-4 The Board shall review, based on Board policy, the General
Bylaws of the Town and propose any revisions to Town Meeting.
3-8-5 The Select Board shall have the full role of and all powers
and authorities of a Board of Selectmen under any general or special
laws, and its members and officers shall have the full role of and
all of the powers and authority of the members and officers of a Board
of Selectmen under any general or special laws. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020
Annual Town Election, Question 5]
3-9-1 The Board shall have the power to appoint (a) a Town Manager as provided in Chapter 4; (b) a Town Counsel; (c) a Town Accountant/Director of Municipal Finance; (d) a Police Chief; (e) a Fire Chief; (f) three members of a Board of Registrars of Voters for overlapping three-year terms; (g) Election Officers; (h) five members and three associate members of a Zoning Board of Appeals for overlapping three-year terms; (i) five members and two associate members of a Board of Water and Sewer Commissioners for overlapping terms; (j) three members of a Community Preservation Committee. [Amended 5-9-2022 ATM by Art. 60, approved 5-16-2023 Annual Town Election, Question 19; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
3-9-2 The Board shall also appoint the following multi-member
bodies, as provided in Chapter Six: (a) a Board of Assessors; (b)
a Planning Board; (c) a Conservation Commission; (d) a Council on
Aging; (e) a Historical Commission; and (f) a Cultural Council.
3-9-3 The multi-member bodies enumerated in clause 3-9-2 shall
be responsible to the Board through the Town Manager, and shall be
responsive to requests emanating from the Town Manager's office. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town
Election, Question 20]
3-10-1 The Board shall also have the power to appoint such other
multi-member bodies for whom no other method of appointment is herein
provided. The Board shall also appoint such other multi-member bodies
as may be hereafter established by General Law, Charter, By-law, vote
of the Town Meeting, or vote of the Select Board. [Amended 5-13-2019
ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question 5;5-9-2022 ATM by Art. 58, approved 5-16-2023 Annual Town Election, Question 17]
3-11-1 The Town Counsel shall be requested to schedule some
regular working hours at the Town offices.
3-11-2 Access to the Town Counsel shall be scheduled through
the office of the Town Manager. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
3-11-3 The opinions of the Town Counsel shall be delivered in
writing, and a permanent public file of such opinions shall be established
under the care of the Town Clerk, which shall be made available for
inspection to those requesting it.
3-12-1 Except for the purpose of investigation authorized by
this Charter, the Board or its members shall deal 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. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
3-12-2 Members of the Board shall be ineligible to serve on
appointive Town multi-member bodies established by this Charter or
By-law to which the Board is the appointive authority.
