Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Falmouth, MA
Barnstable County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (2) Index
[Amended ATM 4-5-2006, Art. 46; ATM 4-7-2008, Art. 47, approved 5-20-2008; AFTM 11-13-2008, Art. 8, approved 2-11-2008; ATE 5-18-2010, Question 4; ATE 5-21-2013; AFTM 11-12-2015, Art. 18, approved 2-29-2016; ATE 5-19-2020, Question 3]
A. 
The Select Board shall have authority as defined by the General Laws to appoint members to those governmental bodies specifically listed in Article VII. The Board shall also have full appointing authority for other governmental bodies as defined in § C3-6C. Prior to making appointments to governmental bodies, the board shall publicize all vacancies to be filled together with information on the filing of applications by prospective members, and the deadline for receiving applications. The board shall also require all chairs of governmental bodies to file with the Town Clerk a description of the duties and responsibilities of the governmental body and the members thereof. The board shall further consult with the governmental body to which appointments are to be made to obtain the names of prospective candidates for appointment. The board shall interview all applicants and make appointments in a timely manner, but no appointments shall be made until the last day for filing applications has passed.
[Amended ATE 5-17-2022, Question 6]
B. 
In cases where the Moderator is the appointing authority to a governmental body, the Moderator shall follow a procedure similar to the procedure set forth in paragraph A above: provided, however, the Moderator may delegate the function to a duly appointed nominating committee, which shall follow a similar procedure.
A. 
Governmental bodies established in this article shall possess and exercise all powers given to them under the Constitution and laws of the Commonwealth and shall possess and exercise such additional powers and duties as may be authorized by this charter, bylaw or vote of Town Meeting. This Charter names those governmental bodies which 1) are mandated or authorized by the laws of the Commonwealth and 2) exercise regulatory or other authority.
[Amended ATE 5-19-2020, Question 10]
B. 
All governmental bodies of the Town shall organize annually; elect necessary officers; adopt rules of procedure and voting, including the development of agendas; maintain minutes of meetings and records of attendance, copies of which shall be public record and shall be regularly filed with the Town Clerk. It is the responsibility of each chairperson to file a current description of the duties and responsibilities of the governmental body and its members with the Town Clerk. Governmental bodies may nominate prospective employee(s) of their choice, who shall then be considered for appointment by the Town Manager. All such employees shall be under the day-to-day supervision of the Town Manager.
C. 
All governmental bodies shall submit a written report to or meet with the Select Board at least once in each year.
D. 
All such governmental bodies shall conduct their meetings in accordance with the Open Meeting Law.
E. 
During the term for which a member is appointed to a governmental body and for one (1) year following expiration of such term, no member of any appointed governmental body shall be eligible to accept any paid position under any such governmental body.
F. 
Any person duly appointed to any such governmental body shall take up the duties of office immediately.
G. 
The unexcused absence, without good cause, of a member from one-half (1/2) of the total number of meetings during any twelve-month period or from four (4) or more consecutive meetings of any such governmental body shall serve to vacate the office. The vacancy shall be determined by the chairperson and confirmed by a majority vote of the governmental body. When such vacancy has been so determined, it shall be filled in accordance with the General Laws, when applicable, or the process to fill the vacancy shall begin within thirty (30) days.
[Amended ATE 5-18-2021, Question 5]
H. 
No member of a governmental body shall serve more than three (3) consecutive three year terms, except that members of governmental bodies who serve five (5) year terms shall serve for no more than two (2) consecutive five year terms: provided, however, that the appointment of a member to fill an unexpired term of another member shall not be counted in determining this term limitation.
[1]
Editor's Note: Former § C7-3, Change in composition of appointed governmental bodies, was repealed ATE 5-17-2022, Question 7.
Except as otherwise provided, the governmental bodies established in this article shall be appointed by the Select Board for overlapping three-year terms.
[Amended ATE 5-19-2020, Question 11]
A Board of Assessors of three (3) members shall be appointed and shall be exempt from the provisions of § C7-2H relative to term limits.
A Conservation Commission of seven (7) members shall be appointed.
A Board of Health of five (5) members shall be appointed.
A Council on Aging of nine (9) or more members shall be appointed.
[1]
Editor's Note: Former § C7-10, Recreation Committee, was repealed ATE 5-18-2021, Question 6.
[1]
Editor's Note: Former § C7-11, Waterways Committee, was repealed ATE 5-18-2021, Question 6.
[1]
Editor's Note: Former § C7-12, Beach Committee, was repealed 5-18-2021, Question 6.
[1]
Editor's Note: Former § C7-13, Human Services Committee, was repealed 5-18-2021, Question 6.
A Zoning Board of Appeals of five (5) members and two (2) associate members shall be appointed.
A Historical Commission shall be appointed as provided by the provisions of Massachusetts General Laws, Chapter 40C, and applicable Town bylaw.
[Added ATE 5-19-2020, Question 10; amended ATE5-18-2021, Question 6]
A Community Preservation Committee shall be appointed as provided by the provisions of Massachusetts General Laws Chapter 44B and applicable Town bylaw consisting of nine (9) voting members, four (4) members to be appointed by the Select Board, and one (1) each appointed by the following five (5) governmental bodies: Conservation Commission, Historical Commission, Housing Authority, Planning Board and Recreation Committee.
[Added ATE 5-19-2020, Question 10]
An Economic Development and Industrial Corporation shall be appointed as provided by the provisions of Massachusetts General Laws, Chapter 121C and applicable vote of Town Meeting.