[Adopted as Art. 3 of the 1981 Bylaws]
A. 
Except as otherwise provided by law, or by these bylaws, or by specific vote of the Town Meeting, all Town boards shall be subject to the provisions of this article.
B. 
As used in this article, the following terms shall have the following meanings:
[Amended 5-29-2013 STM, approved 10-8-2013]
APPOINTED BOARD
A board any of the members of which are appointed by an appointing authority.
APPOINTING AUTHORITY
The Moderator, the Select Board or any other officer or board of officers, or combination thereof, responsible for the appointment of members of an appointed board.
BOARD
Any board, committee, commission or other body of the Town, however named or constituted, which is composed of two or more members and has been or is established pursuant to statute, these bylaws, vote of the Town Meeting or vote of the Select Board.
ELECTED BOARD
Any board the members of which are elected by all the voters of the Town at the Town Election.
PERMANENT APPOINTED BOARD
An appointed board the purpose of which is ongoing and is not limited to one or more specifically defined objects culminating in the filing of a report or the completion of an authorized or delegated assignment.
RESIDENT
A natural person who resides in the Town; a Post Office Box address or address used exclusively for mailing purposes is not sufficient.
[Added 5-2-2022 ATM, approved 9-26-2022]
The members of each permanent appointed board shall be appointed for a term of three years ending on June 30 of the third year following the year of appointment, except that, when appointing the initial members of a newly established permanent appointed board or when appointing the members of a permanent appointed board established prior to the effective date of this article the members of which had been appointed for a term of one year, the appointing authority shall appoint as nearly 1/3 of the members as possible for terms expiring on June 30 of the first, second and third years, respectively, following the year of appointment. The members of permanent appointed boards shall serve until their respective successors are appointed and qualified.
If a vacancy occurs in the membership of an appointed board, the appointing authority shall appoint a new member to serve for the balance of the unexpired term.
A. 
Every board, including every elected board, shall annually select a chair, a clerk or secretary and such other officers, if any, as the board shall deem necessary. The clerk or secretary may, but need not, be a member of the board.
B. 
The clerk or secretary shall keep an accurate record of each meeting of the board and shall file such records with the Town Clerk following their approval by the board. All rules and regulations adopted by a board shall likewise be filed with the Town Clerk.
C. 
Every board shall annually file a report of its activities, in form suitable for printing in the Annual Town Report, on or before such date as may be fixed by the Select Board.
D. 
Every board shall conduct its meetings in accordance with the Open Meeting Law of the Commonwealth.[1]
[Amended 5-29-2013 STM, approved 10-8-2013]
[1]
Editor's Note: See MGL c. 30A, §§ 18 to 25.
[Amended 5-2-2022 ATM, approved 9-26-2022]
A. 
Failure to attend meetings. The chair of each appointed board shall report to the appointing authority the name of any member who fails to attend any three successive meetings of the board. The appointing authority may thereupon declare the office of such member vacant and appoint a successor to fill such vacancy in accordance with § 40-110.
B. 
Failure to comply with Conflict of Interest training requirement. If, under State law members of a board are required to comply with the training requirements of the State Conflict of Interest (Ethics) Law (MGL c. 268A, § 28, or law of like import or effect), the Town Clerk shall notify the members of such requirements, and shall report to the appointing authority the name of any member who fails to comply with such requirements. The Town Clerk shall make at least two documented attempts to secure compliance by the member before making such report. Upon receipt of such report, the appointing authority may thereupon declare the office of such member vacant and appoint a successor to fill such vacancy in accordance with § 40-110.
C. 
Failure to maintain resident status. Only a Resident, as defined in § 40-100B, may be a member of an appointed board, unless the written charge of the board allows for an exception. A member of an appointed board who ceases to be a Resident shall promptly notify the board's appointing authority. Upon receipt of such report, or upon otherwise learning that a member of a board has ceased to be a Resident, the appointing authority shall thereupon declare the office of such member vacant and appoint a successor to fill such vacancy in accordance with § 40-110.
D. 
Inapplicability to ex officio members. Subsections 40-120A through C shall not apply to board members who are paid or unpaid employees or officers of the Town, and serving as members of the board in question solely because of their other Town employment or office.
E. 
Notice and hearing. Before removing any board member pursuant to the provisions of § 40-120A, B or C, the appointing authority shall provide the board member reasonable notice and an opportunity to be heard on whether grounds for removal as set forth in this section are present.
No Town officer or member of a Town board shall use any paper, stationery or other article bearing the Town Seal or representation thereof or bearing the name of a Town board for other than official Town purposes regardless of whether private payment has been made for such use.