A copy of all rules and regulations adopted by any town agency
shall be filed in the office of the town clerk and made available
for review by any person who requests such information. Such rules
and regulations shall not become effective until 10 days following
the date they are filed.
(a)
Meetings
— All multiple member bodies of the town, whether elected or
appointed or otherwise constituted, shall meet regularly at such times
and places open and accessible to the public within the town as they
may prescribe, and otherwise as consistent with the open meeting law,
sections 18 to 25, inclusive of chapter 30A of the General Laws as
it may be amended from time to time. Special meetings of any multiple
member body shall be held on the call of the respective chair, by
one-third of the members thereof by suitably written notice delivered
to the residence or place of business of each member at least 24 hours
in advance of the time set or called by the chair within 1 week following
the date of the filing with the town clerk of a petition signed by
at least 50 voters and which states the purpose or purposes for which
the meeting is to be called. For purposes of the open meeting law,
if a special meeting is called by one-third of the members of a public
body or as a result of a petition, the topics listed on the meeting
notice or petition shall be deemed to be the list of topics reasonably
anticipated by the chair of such body. Except as otherwise authorized
by the open meeting law, all meetings of all multiple member bodies
shall be conducted in open session.
[Amended by Ch. 121 of the Acts of 2020, approved 7-22-2020]
(b)
Meeting
Notices — No action taken on a matter not included in the posted
meeting notice shall be effective unless the multiple member body
first adopts by separate vote a resolution declaring that an emergency
exists and that the particular matter is required to be acted upon
at that meeting for the immediate preservation of the peace, health,
safety or convenience of the town. The town shall also, subject to
funding and administrative or technological constraints, post notices
of all meetings on the town's website as soon as possible after the
official notices of such meetings are posted; provided, however, that,
unless otherwise required by the General Laws to be posted on the
town's website, failure to so post shall not invalidate the meeting
to which the notice relates or otherwise affect action taken thereat
or in reliance thereon.
(c)
Rules
and Minutes — Each multiple member body shall determine its
own rules and order of business unless otherwise provided by this
charter or by-law and shall provide for keeping minutes of its proceedings.
These rules and minutes shall be a public record kept available in
a place convenient to the public at all reasonable times and certified
copies shall be kept available in the library.
(d)
Voting
— Except on procedural matters, all votes of all multiple member
bodies shall be taken by voice or roll call vote, the result of which
shall be recorded in the minutes; provided, however, that if the vote
is unanimous only that fact need be recorded.
(e)
Quorum
— A majority of the members of the multiple member body shall
constitute a quorum, but a smaller number may adjourn from time to
time and may compel the attendance of absent members in the manner
and subject to the penalties prescribed by the rules of the multiple
member body.
(f)
Public
Participation — Each multiple member body shall include on the
notice for each meeting an item for a public participation period
of such duration and subject to such rules as the body shall adopt,
during which members of the public shall have the opportunity to address
the body concerning matters within its jurisdiction.
(a)
Appointing Authority, in General — Except as may otherwise be specified by this charter, whenever, whether by a vote of the representative town meeting or by by-law a multiple member body is to be established, the representative town meeting shall designate the appropriate appointing authority therefor. In the absence of such designation, it shall be presumed that the select board shall make such appointment in accordance with subsection (d) of section 3-2.
(b)
Vacancies — Vacancies arising on an appointed multiple member body other than by expiration of the appointed term shall be filled for the remainder of the unexpired term in the same manner as the original appointment, subject to the requirements of section 6-4.
(c)
Powers and Duties — The officers and multiple member bodies appointed by the select board, town manager or moderator under subsection (d) of section 3-2, by the moderator under subsection (b) of section 3-8, as established by the representative town meeting under subsection (c) of section 2-9, or as specified by the representative town meeting consistent with subsection (a) of section 6-3 shall have all the powers and duties provided to such officers and bodies under the constitution and General Laws and such additional powers and duties as may be authorized by this charter, by by-law or by other vote of the representative town meeting; provided, however that notwithstanding any provision of this charter or of the General Laws to the contrary, the powers and duties of multiple member bodies appointed thereunder shall be subject to the applicable provisions of Article 6 and Article 4.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
If a vacancy occurs in any town office or town employment or
on any multiple-member body, except for positions covered under laws
governing civil service, whether by reason of death, resignation,
expiration of a fixed term for which a person has been appointed or
otherwise, the appointing authority shall cause public notice of the
vacancy to be posted on the town bulletin boards, town website and
other available electronic media. No permanent appointment to fill
such a position shall be effective until at least 14 days following
such posting. Any person who desires to be considered for appointment
to the position may, within 10 days following the date the notice
is posted or such later date as set forth in the posting, file with
the select board or other appointing authority a statement which sets
forth in clear and specific terms the qualifications which such person
holds for the position. Further, the town shall provide written or
electronic notice to those members of appointed multiple-member bodies
whose terms are expiring not later than 90 days prior thereto; provided,
however, that failure to provide such notice on or before the date
indicated shall not extend the term of such appointment.
All persons categorized as department heads shall, subject to the consent of the town manager, appoint all assistants, subordinates and other employees of the department for which such person is responsible. The department head may suspend or remove any assistant, subordinate or other employee of the department for which such person is responsible in accordance with procedures established in section 6-6. The decision to suspend or remove any assistant, subordinate or other employee shall be subject to review by the town manager. A person for whom a department head has determined that suspension or removal is appropriate may seek review of such determination by the town manager by filing a petition for review in the office of the town manager, in writing, within 10 days following receipt of notice of such determination. The review by the town manager shall be consistent with section 6-6. The decision of the town manager shall be final.
Any appointed town officer, member of a multiple member body
or employee of the town, not subject to the civil service laws, a
collective bargaining agreement or contract to the contrary, and whether
appointed for a fixed or indefinite term, shall be subject to suspension,
termination or removal by the appointing authority for cause in accordance
with a procedure set forth in the town's personnel by-laws, if any,
or otherwise as the appointing authority, with the approval of the
town manager, determines to be in the best interests of the town.
Nothing in this section shall be construed as granting a right
to such a hearing when a person who has been appointed for a fixed
term is not reappointed when the original term expires.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
(a)
Multiple-Member Bodies. Nothing in this charter shall be construed to authorize any individual member of an elected or appointed multiple-member body, nor a majority of members of such body, to become involved in the day-to-day operation and administration of any town agency, including appointment and supervision of department heads and staff. Instead, day-to-day operations shall be subject to oversight by the town manager under section 4-2 and department heads under sections 6-5 and 6-6. It is the intention of this section to affirmatively establish that such bodies shall act only through the adoption of broad policy guidelines that are to be implemented by officers and employees serving under such body.
(b)
Department Heads. Notwithstanding any provision of subsection (a) of section 6-7 or paragraph (2) of subsection (b) of section 4-2 to the contrary, department heads appointed by the town manager under the provision of paragraph (1) of said subsection (b) of said section 4-2 shall be responsible to the appropriate elected or appointed multiple-member body for implementation of policy decisions made and policy guidance given. Each department head shall report regularly to such multiple-member body concerning department operations, actions taken and the status of new or ongoing issues. Each department head shall work cooperatively with the chair of the appropriate multiple-member body and the town manager to ensure the body has appropriate administrative and operational support.
Each elected and appointed multiple member body shall report
annually to the town, prior to the spring annual town meeting, giving
information regarding the status of those matters under its jurisdiction,
including any relevant plans or proposals known to it affecting the
resources, possibilities and needs of the town and, in the case of
any such multiple member body required to prepare or maintain plans
or studies, an indication of the plan or study and any amendments
made thereto during the past year.
