[HISTORY: Adopted by the Town Council of the Town of West
Springfield as Ch. 4 of the Codified Ordinances. Amendments noted
where applicable.]
[Amended 1-16-2007 by Ord. No. 135]
A.
Each
municipal board or commission shall annually, at its first meeting
of each calendar year, elect a Chairman, Vice-Chairman and Secretary
for the ensuing year, except that the Building and Other Facilities
Planning and Construction Committee, Board of Assessors and the Capital
Planning Committee shall elect its officers on a fiscal-year basis
at its first meeting of each fiscal year.
B.
Each
municipal board or commission shall file with the Office of the Mayor
a statement identifying the newly elected officers no later than 30
days after the election of officers.
[Added 2-2-2003 by Ord.
No. 112; amended 9-4-2012 by Ord. No. 142]
A.
Removal.
The Mayor may remove a member of a multiple-member body appointed
by the Mayor, for cause.
B.
Procedure.
[Amended 9-6-2012]
(1)
The Mayor shall, prior to the removal of any member of a multiple-member
body, notify said member in writing by certified mail of the reason(s)
for removal, with a copy to the Town Council. The member may, within
10 days of the date of the notice, request a meeting with the Town
Council President, Vice President and Chair of the Human Resource
Committee to discuss the removal. Said request shall be in writing.
The member may at such meeting have counsel or a representative of
his/her own choosing present for the purpose of advising said member
only, but not for the purpose of representation or participation in
the meeting. The member may speak in his/her own behalf.
(2)
Should any one of the above-named parties, Town Council President,
Vice President or Chair of the Human Resource Committee, conclude,
based on the evidence presented, that the member has been removed
without cause, the Council President will schedule a discussion and
vote on said removal for the next regularly scheduled meeting of the
Town Council. If at the Council meeting at least six members believe
the member was removed without cause, and there is a vote reflecting
the same, the member shall not be removed.
C.
Decision.
The decision of the Town Council shall be final. If the Council votes
to remove the member, it shall be effective upon the Clerk of the
Council filing a notice of removal with the Town Clerk, with a copy
to the Mayor. If no meeting is requested, as provided in the prior
subsection, the Mayor shall file the notice of removal after the time
to request a meeting has expired.
[Amended 9-6-2012]
D.
Property
rights. No member of a multiple-member body shall have any property
interest in said membership.
The Board of Appeals established in accordance with the provision
of General Laws Chapter 40A shall be responsible for interpreting
the zoning under the Zoning Ordinance of the Town of West Springfield.[1] Said Board shall be the Board of Appeals for the purposes
of MGL c. 41, § 81Z.
[Amended 1-16-2007 by Ord. No. 131]
A.
Membership and organization. There shall be a Principal Assessor, who shall also be the head of the Assessing Division in the Department of Municipal Finance, and a Board of Assessors consisting of three part-time Assessors appointed by the Mayor pursuant to Section 2-10 of the Charter.
[Amended 9-17-2019]
B.
Terms
and compensation.
(1)
The appointment of the part-time Assessors shall be made on the first
business day of July, for a term of three years or until their successors
are appointed and qualified, staggered so that one term expires each
year.
[Amended 9-17-2019]
(3)
The part-time Assessors shall receive compensation for their services
as determined by the Mayor, subject to appropriation.
C.
Powers
and authority. The Board of Assessors is responsible for the full
and fair market valuation of real and personal property as of January
1 each year for the purpose of levying taxes. The Board of Assessors
provides all necessary information to the Mayor and Town Council in
preparation for the annual classification hearing. The Board hears
and decides all questions relating to the abatement of taxes levied
by it. The Board has all of the other powers, duties and responsibilities
that are given to Boards of Assessors by General Laws.
[Amended 9-17-2019]
D.
Special
municipal employees. The part-time Assessors shall be special municipal
employees.
[Added 1-16-2007 by Ord.
No. 132]
A.
Title:
"Board of License Commissioners."
B.
Purpose. Pursuant to the requirements of Section 6-7 of the West Springfield Home Rule Charter (HRC), there is hereby established a Board of License Commissioners whose duty it shall be to issue, oversee and enforce the various licenses issued by the Town of West Springfield.
C.
Membership.
The Board shall consist of three members who shall be appointed by
the Mayor for three-year terms or until their successor has been appointed
and qualified. Appointments shall be for three years and shall begin
on the first business day in January. Said terms shall be staggered
so that one member is appointed each year. If a vacancy occurs, the
Mayor shall appoint a new member who shall serve for the balance of
the term of the member replaced.
D.
Powers.
The Board shall be responsible for the issuance, renewal, modification,
suspension and revocation of licenses issued under the authority set
forth in Chapters 138 and 140 of the General Laws, and all other licenses
and permits previously issued by the Board of Selectmen and any and
all licenses and permits established by ordinance, unless by ordinance
or the HRC the issuance of such licenses has been assigned to another
municipal board, department or office. The Board shall establish the
fees for said licenses and permits, subject to the approval of the
Mayor.
E.
Rules
and regulations. The Board may adopt rules and regulations, subject
to approval by the Mayor.
F.
Special
municipal employees. Commission members shall be special municipal
employees.
G.
Severability.
If any portion of this section is declared to be illegal or unenforceable,
it shall be deemed stricken and the remaining portions shall remain
in full force and effect.
[Added 3-18-2002 by Ord.
No. 106]
A.
Membership and organization. There shall be a Building and Other
Facilities Planning and Construction Committee, which may be referred
to as the "Planning and Construction Committee" and which shall consist
of seven members, all of whom shall be residents of the Town. In making
appointments to the Committee, the Mayor shall seek persons having
experience in the fields of architecture, engineering, construction,
real estate or law.
B.
Terms and compensation. The terms of the six members appointed by
the Mayor, after the initial terms, shall be for three years and shall
be so arranged that the term of two members shall expire each year.
The seventh member of the Committee shall be designated, annually,
by the School Committee and may, but need not, be a member of the
School Committee. The initial appointment shall be two to expire January
1, 2005, two to expire January 1, 2004 and two to expire January 1,
2003. Committee members shall serve without compensation.
C.
Powers and duties.
(1)
Whenever any construction, reconstruction or remodeling of any municipal
or school building or other Town of West Springfield facility is proposed
to be undertaken, the proposed project shall be referred to the Building
and Other Facilities Planning and Construction Committee by the Mayor,
if deemed appropriate. The Building and Other Facilities Planning
and Construction Committee shall evaluate the proposal and shall file
a written report, including its recommendations, with the Mayor. The
Mayor shall determine what action, if any, shall be taken in connection
with said recommendations. The Building and Other Facilities Planning
and Construction Committee shall be the designer selection committee.
The Committee shall be responsible for overseeing all construction,
reconstruction or remodeling work which is authorized to be undertaken,
including, but not limited to, site acquisition, site preparation,
schematic design, preliminary design, bid preparation, bid award,
and supervision of construction.
(2)
The Building and Other Facilities Planning and Construction Committee
shall be responsible for monitoring the physical condition of all
municipal buildings and other facilities, including schools. The Committee
shall meet from time to time with representatives of municipal agencies
to evaluate the need for the construction of new buildings or other
facilities or additions, renovations, or remodeling of any existing
building or facility. The Committee shall file an annual written report
with the Mayor by June 30 of each year. The report shall state the
needs of the community to be addressed by the project(s) and make
recommendations as to the priority of the project(s) listed. The Committee
shall make such additional reports as it deems appropriate or as requested
by the Mayor. The Committee shall review the condition of any existing
building or facility or the components thereof or future building
or facility needs as requested by the Mayor.
(3)
The Building and Other Facilities Planning and Construction Committee
shall review all plans and proposals for capital improvements to municipal
buildings and other facilities, including all proposals made by or
on behalf of the School Committee, and shall evaluate and assign priorities
to each such proposed project on a continuing basis. A member of the
Capital Program Planning Committee shall serve as a liaison to said
Committee.
D.
Special municipal employees. Committee members shall be special municipal
employees.
[1]
Editor's Note: See also Charter Sec. 6-5.
[Added 5-15-2023]
A.
Membership. A Commission on Disabilities consisting of nine members is hereby established pursuant to the provisions of MGL c. 40, § 8J, for the purpose of causing the full integration and participation of people with disabilities in West Springfield. A majority of the Commission members shall consist of people with disabilities; one member shall be a member of the immediate family of a person with a disability; and one member shall be either an elected or appointed official of West Springfield. Members shall be appointed by the Mayor, subject to the provisions of Section 2-10 of the West Springfield Home Rule Charter. The body shall consist of a Chairperson and other officers who shall be chosen by majority vote of said Commission members.
B.
Terms and compensation. Appointments shall be for three-year terms
and shall begin on the first day in January. Said terms shall be staggered
so that three members are appointed each year. If a vacancy occurs,
the Mayor shall appoint a new member who shall serve for the balance
of the term of the member replaced. Commission members shall serve
without compensation.
C.
Powers and duties. The Commission on Disabilities shall:
(1)
Research local problems of people with disabilities;
(2)
Advise and assist municipal officials and employees in ensuring compliance
with state and federal laws and regulations that affect people with
disabilities;
(3)
Coordinate or carry out programs designed to meet the problems of
people with disabilities in coordination with programs of the Massachusetts
Office on Disability;
(4)
Review and make recommendations about policies, procedures, services,
activities and facilities of departments, boards and agencies of West
Springfield as they affect people with disabilities;
(5)
Provide information, referrals, guidance and technical assistance
to individuals, public agencies, businesses and organizations in all
matters pertaining to disability; and
(6)
Coordinate activities of other local groups organized for similar
purposes.
D.
Meetings and proceedings.
(1)
The Commission shall keep records of its meetings and actions and
shall file an annual report with the Mayor.
(2)
The Commission shall meet regularly with a minimum of 10 meetings
annually.
(3)
Special meetings may be called by the Mayor, Chair of the Commission
or majority vote of the Commission.
(4)
Minutes shall be kept of all public meetings.
(5)
The Commission may establish its own rules of procedure, including
those governing the conduct of its meetings.
(6)
The Commission shall observe and be subject to the Massachusetts
Open Meeting Law (MGL c. 30A, §§ 18 through 25) in
regard to all regular and special meetings.
E.
Special municipal employees. Commission members shall be special
municipal employees.
[Amended 2-2-2009 by Ord.
No. 140]
A.
Membership and organization.
(1)
There is hereby established a Community Preservation Committee consisting
of nine voting members pursuant to MGL Chapter 44B. The composition
of the Committee, the appointment authority and the term of office
for the Committee members shall be as follows:
(a)
One member of the Conservation Commission, as designated by
the Commission for a term of three years.
(b)
One member of the Historical Commission, as designated by the
Commission for a term of three years.
(c)
One member of the Planning Board, as designated by the Board
for a term of three years.
(d)
One member of the Park and Recreation Commission, as designated
by the Commissioners for a initial term of one year and thereafter
for a term of three years.
(e)
One member of the Housing Authority, as designated by the Authority
for an initial term of two years and thereafter for a term of three
years.
(f)
One member of the Council on Aging, as designated by the Council
for an initial term of one year and thereafter for a term of three
years.
(g)
Three members who are residents of the Town of West Springfield, to be appointed by the Mayor in accordance with Section 3-3 of the West Springfield Home Rule Charter, one member's initial term of one year and thereafter a term of three years; two members' initial terms of two years and thereafter a term of three years.
(2)
Should any of the commissions, boards, councils, committees or authorities (hereinafter "boards") who have appointment authority under this chapter be no longer in existence, the appointment authority of said boards shall become the responsibility of the Mayor in accordance with Section 3-3 of the West Springfield Home Rule Charter.
(3)
Should any member of the Committee appointed by the above boards
cease to serve as a member of the appointing boards, his term shall
automatically expire.
B.
Duties.
(1)
The Community Preservation Committee shall conduct an initial study
identifying and evaluating the community preservation needs of the
Town of West Springfield.
(2)
The Community Preservation Committee, in developing the initial needs
study and the annual reviews, shall consult with the Conservation
Commission, the Historical Commission, the Planning Board, the Park
and Recreation Commission and the Housing Authority and, in addition,
may consult with any other municipal department.
(3)
The Community Preservation Committee shall make written recommendations
to the Town Council for funding of acquisitions and initiatives. The
recommendations shall comply with the Community Preservation Act as
set forth in MGL Chapter 44B. The Committee shall include with its
recommendations any pertinent financial information in its possession,
regarding estimated acquisition costs, financing options, administrative
expenses, debt services and any existing or ongoing operating expenses.
(4)
The Community Preservation Committee shall hold at least one public
informational hearing as part of the initial study and a public hearing
as part of the annual review process. Notice of the public hearing
shall be posted at least two weeks before the hearing date. Notice
of the informational meeting shall also be published in a newspaper
of general circulation in the Town of West Springfield for each of
the two weeks before the hearing date.
C.
Quorum requirement. The Community Preservation Committee shall not
meet or conduct business without the presence of a quorum. A majority
of the members of the Community Preservation Committee shall constitute
a quorum. The Committee shall approve its actions by a majority vote
of those members present and voting.
D.
Severability. In case any section, paragraph or part of this section
is for any reason declared invalid or unconstitutional by any court
of last resort, every other section, paragraph or part shall continue
in full force and effect.
[Amended 1-16-2007 by Ord. No. 133]
A.
Membership. A Conservation Commission of seven members is hereby
established pursuant to the provisions of MGL c. 40, § 8C
for the purposes set forth in said section.
B.
Terms of office. The terms of office of the members shall commence
on the first business day in January and appointments shall be staggered
so that not more than three members' terms shall expire in any one
year, or until their successors shall have been appointed and qualified.
A.
Membership. A Council on Aging consisting of 15 members is hereby
established pursuant to the provisions of MGL c. 40, § 8B,
for the purpose of coordinating or carrying out programs designed
to meet the problems of the aging in coordination with programs of
the Council for the Aging established under MGL c. 6, § 73.[1]
[1]
Editor's Note: MGL c. 6, § 73 was repealed by Acts
1973, c. 1168. See now MGL c. 19A, Department of Elder Affairs.
B.
Residency and compensation. All members of said Council shall be
residents of the Town and shall serve without compensation.
C.
Appointment. The members of said Council shall be appointed annually,
as hereinafter provided, by the Mayor.
D.
Terms of office. The terms of office of all the members of said Council
shall commence on the first day of May following their appointment
and shall be for three years or until their successors shall have
been duly appointed and qualified.
E.
Vacancies. Any vacancy in the membership of the Council shall be
filled by the Mayor for the remainder of the unexpired term.
F.
Election of officers. The Council shall annually in the month of
May elect its Chairperson and such other officers as it deems appropriate.
A.
Membership. There shall be a West Springfield Historical Commission which shall be a citizen-led group consisting of seven members and four alternates, including one member from two nominees submitted by the local historical society or, in the absence thereof, by the Society for the Preservation of New England Antiquities, one member from two nominees submitted by the chapter of the American Institute of Architects covering the area, and one member from two nominees of the Board of Realtors, if any, covering the area. If within 30 days after submission of a written request for nominees to any of the organizations herein named no such nominations have been made, the Mayor may proceed to appoint the three members without nominations by such organization; all of whom shall be residents of the Town, appointed by the Mayor, subject to the provisions of Section 2-10 of the West Springfield Home Rule Charter.
B.
Terms and compensation. The terms of each appointment shall be for
three years, with terms being staggered to accommodate transition
of Commission members. Commission members shall serve without compensation.
C.
Powers and duties.
(1)
The Commission shall have the power, subject to appropriation or
receipt of money:
(a)
To conduct a survey of buildings and sites in the Town to determine
which are historically significant, revise detailed listing of historic
sites and buildings in said Town;
(b)
To devise a system of markers for historic sites and buildings,
to arrange for the manufacture and installation of such markers, and
to arrange care for such markers;
(c)
To arrange for the preparation and publication of printed matter
relating to historic sites and structures of said Town, whether for
walking tours, general public information or otherwise; and
(d)
To collect, preserve, inventory and make available for public
view and use any and all records of historical significance. The Commission
shall also digitize archived records as appropriate for electronic
public access.
(2)
The Commission shall also have the power, in accordance with the
provision of the Historic Districts Act,[1] so-called, as mentioned in this chapter, to:
(a)
Propose the establishment of additional historic districts or
change in existing historic districts; and
(b)
To consult with and advise the Planning Board, the Redevelopment
Authority and other departments or agencies of the Town in matters
concerning historic sites and structures.
[1]
Editor's Note: See MGL c. 40C.
D.
Limitations on powers and duties. The Committee shall not have authority
to infringe upon the statutory or regulatory powers or jurisdiction
of any other Town department, committee or commission, or upon those
duties and jurisdictions set out in relation to such departments,
committees or commissions by state or federal law or regulation, by
the Charter or Town ordinances.
E.
Minutes and proceedings.
(1)
The Commission shall meet on an as-needed basis, but not less frequently
than quarterly;
(2)
Special meetings may be called by the Mayor, the Chair of the Historical
Commission or majority vote of the Commission;
(3)
Minutes shall be kept of all public meetings;
(4)
The Commission may establish its own rules of procedure, including
those governing the conduct of its meetings;
(5)
The Commission may request information from various Town departments,
commissions, and committees as may be deemed necessary to effectuate
the duty of the Historical Commission. Such requests shall be made
with reasonable advance notice; and
(6)
The Commission shall observe and be subject to the Massachusetts
Open Meeting Law (MGL c. 30A, §§ 18 through 25) in
regard to all regular and special meetings.
F.
Historic
districts.
(1)
Broadway Historic District. There is hereby established under the
provisions of and in accordance with the Historic Districts Act (MGL
c. 40C), the Broadway Historic District as shown on the plan entitled
"The Broadway Historic District" dated November 1971; said plan to
be considered a part of this section.
(2)
White Church Historic District. There is hereby established under
the provisions of and in accordance with the Historic Districts Act
(MGL c. 40C), the White Church Historic District as shown on the plan
entitled "The White Church Historic District" dated February 1973;
said plan to be considered a part of this section.
G.
Certificate of appropriateness. The Commission shall take action
within 60 days of the filing of an application for a certificate of
appropriateness, a certificate of nonapplicability or a certificate
of hardship, as the case may be, in accordance with the provisions
of Section 11 of the Historic Districts Act,[2] so-called, as mentioned in this section, or any section
relative thereto or in amendment thereof.
[2]
Editor's Note: See MGL c. 40C, § 11.
A.
Creation of office; appointment. There is hereby created the office
of Town Historian. The Mayor shall appoint a Town Historian.
B.
Duties. It shall be the duty of the Town Historian to preserve or
to arrange the preservation of all historical records of the Town
in cooperation with all departments and in particular in cooperation
with the Board of Library Trustees and any incorporated historical
society functioning in the Town.
C.
Custody and preservation of records. All records in the custody of
the Town boards, commissions, committees and officers required to
be so kept shall remain in such custody, but the Town Historian shall
have the right to examine the method of preservation and make recommendations
to the persons concerned therewith as to proper preservation thereof.
The Housing Authority is established pursuant to the provisions
of MGL Chapter 121B and is a separate body politic.
[Amended 11-5-2001 by Ord. No. 101]
A.
Membership. There shall be a Board of Park and Recreation Commissioners consisting of seven members, all of whom shall be residents of the Town, appointed by the Mayor and subject to the provisions of Section 2-10 of the West Springfield Home Rule Charter (HRC).
B.
Terms and compensation. The terms of each appointment, after the
initial terms, shall be for three years and shall be arranged so that
at least two members' terms shall expire in each odd-numbered year.
Commission members shall serve without compensation.
C.
Powers and duties.
(1)
The
Commission shall act in an advisory capacity to the Mayor under his/her
supervision and control. The Commission shall review and report to
the Mayor on matters related to the operation and functions of the
parks, the Park and Recreation Department and park and recreation
facilities, including, but not limited to:
(a)
Operation of programs;
(b)
Viability of programs;
(c)
Program needs;
(d)
Adequacy of staff;
(e)
Procedures for the use of facilities;
(f)
Appropriateness of budget requests;
(g)
Appropriateness of expenditures;
(h)
Appropriateness of policies with suggested revisions as applicable;
(i)
Appropriateness of fees;
(j)
Short-term needs of the Department;
(k)
Long-range planning needs and options;
(l)
Appropriateness of long-term capital projects;
(m)
Policies and procedures deemed needed to be implemented or deleted
to enhance services to Town residents;
(2)
The
Commission shall:
(a)
Report, annually, on the adequacy of personnel and programs;
(b)
Annually assess and report the status of the fields, and play
areas, parks and park equipment, facilities and programs, including
school field and recreational areas;
(c)
Meet with the Park and Recreation Director or supervisory staff
on a regular basis, not less than once every two months;
(d)
Meet with the Director of Department of Public Works on a regular
basis, but not less than once every two months; review and report
on the status and needs of the parks and facilities at least annually;
(e)
Perform any other duty or responsibility the Mayor may assign
to the Commission.
D.
Meetings and proceedings.
(1)
The Commission shall meet on a regular basis, as established by it,
but not less frequently than monthly.
(2)
Special meetings may be called by the Mayor, Chairman of the Commission
or majority vote of the Commission.
(3)
Minutes shall be kept of all public meetings.
(4)
The Commission may establish its own rules of procedure, including
those governing the conduct of its meetings.
(5)
The Park and Recreation Department shall supply the Commission with
any information it may request in writing in a timely manner that
is reasonably related to the responsibilities and operation of the
department.
(6)
The Director of the Department of Public Works shall provide the
Commission with any information it may request, in writing, in a timely
manner that is reasonably related to the responsibilities and operation
of the parks, recreational facilities and play areas.
(7)
The Director of Maintenance for the School Department shall provide
the Commission with any information it may request, in writing, in
a timely manner that is reasonably related to the responsibilities
and operation of indoor and outdoor school athletic facilities, recreational
areas, playgrounds and related areas.
(8)
The Park and Recreation Department shall provide to the Commission
secretarial services, a filing cabinet and materials to enable it
to conduct its duties and responsibilities.
E.
Special municipal employees. Commission members shall be special
municipal employees.
[1]
Editor's Note: See also Charter Sec. 6-8.
[Added 1-16-2007 by Ord.
No. 134]
A.
Membership, terms and organization. There shall be a Planning Board,
which shall consist of five members and one alternate (appointed by
the Mayor for a one-year term in January) appointed by the Mayor for
five-year terms staggered so that one member's term will expire annually
in January. The Board shall annually, at its first meeting in the
calendar year, elect a Chairperson, Vice Chairperson and Secretary
who shall keep a record of its meetings.
B.
Powers and duties.
(1)
The Planning Board shall exercise the powers provided in MGL Chapter
40A and MGL c. 41, § 70 to 72 and §§ 81A
through 81GG, as amended, and any other powers given Planning Boards
by the general laws or ordinances.
(2)
The Planning Board shall make careful studies of the resources, possibilities
and needs of the Town and shall make plans for the development of
the Town. The Planning Board shall make, and may from time to time
amend, a comprehensive or master plan that sets forth in graphic and
textual form policies to govern future growth and development in the
Town. The Planning Board shall monitor, and report on, progress made
by the Town in implementing the recommendations of the master plan
and other plans and studies prepared by the Board.
(3)
The Planning Board shall have the power to regulate the subdivision
of land within the Town by the adoption of rules and regulations governing
such development and the administration of such rules and regulations
upon the application of landowners for the subdivision of land as
authorized by the Subdivision Control Law, MGL c. 41, § 81Q.
[Amended 3-18-2002 by Ord. No. 108]
A.
Membership and organization.
(1)
There shall be a Public Safety Commission consisting of five members, all of whom shall be residents and registered voters of the Town, appointed by the Mayor subject to provisions of Section 2-10 of the West Springfield Home Rule Charter (HRC).
(2)
The Commission shall elect annually, at the first meeting in each
calendar year, a Chairperson, Vice Chairperson and a Secretary who
shall keep a record of its meetings.
B.
Terms and compensation. The terms of each appointment shall, after
the initial appointment, be for three years. The initial appointment
shall be two to expire January 1, 2005, two to expire January 1, 2004
and one to expire January 1, 2003. Commission members shall serve
without compensation.
C.
Powers and duties:
(1)
The Commission shall assist the Mayor in the supervision and oversight
of the Police and Fire Departments, including the coordination of
the administration of both departments with one another, and with
other Town departments and agencies by making recommendations to the
Mayor concerning:
(a)
Setting priorities within said departments;
(b)
The annual operating budgets of both departments, after the
Mayor and Commission have met with the chiefs to discuss the proposed
budgets;
(c)
The capital budget requests of both departments, after the Mayor
and the Commission have met with the chiefs to discuss the requests;
provided, however, that Commission members may only inspect the departments
on an annual basis in connection with the budget review or in relation
to a written complaint from the public. Inspections shall be made
only after approval from the chief has been obtained to ensure it
will not unduly disrupt department operations.
(d)
Final interviews for appointments and promotions of officers
and men and women, in both departments, shall be conducted by the
Commission and the chief. The chief shall submit his/her recommendations
to the Commission and the Commission, if it does not agree with said
recommendations, shall submit to the Mayor written reasons for not
concurring with said recommendation.
(2)
The Commission shall review written complaints made by the public
concerning:
(a)
The operation of the Police and Fire Departments.
(b)
The conduct of employees of both departments. All written complaints
received by the Commission shall be forwarded to the chief of the
department to which they relate. The chief shall investigate or cause
to be investigated said complaints and submit his/her findings and
recommendations, in connection therewith, to the Commission.
(3)
The Commission shall adopt such rules and regulations, consistent
with this section, the civil service statute and police and fire collective
bargaining agreements, as it deems necessary to establish procedures
to be followed in filing of written complaints by the public, investigating
such complaints and holding hearings concerning such complaints made
to it regarding the operation of the Police or Fire Department and
the conduct of officers and employees of each department. Citizen
complaints shall be considered part of an employee's personnel file.
(4)
The Commission shall apply the principle of progressive discipline,
except in those instances where more severe punishment is warranted.
D.
Meetings and proceedings.
(1)
The Commission shall meet on a regular basis, but not less frequently
than every other month.
(2)
Special meetings may be called by the Mayor, Chairman of the Commission
or majority vote of the Commission.
(3)
Minutes shall be kept of its meetings.
(4)
The Commission may establish its own rules of procedure, including
those governing the conduct of its meetings.
E.
Filing of vacancies. The Mayor shall make an appointment for balance
of said term subject to Town Council approval pursuant to Section
2-10 of the HRC.
F.
Qualification of members. No member of the Commission shall be a
past or present employee of the Police Department or Fire Department,
nor shall any member of his or her family be an employee of the Police
Department or Fire Department. "Family member" shall mean father,
mother, father-in-law, mother-in-law, spouse, child, step-child, son-in-law,
daughter-in-law, grandchild, brother, sister, brother-in-law, sister-in-law,
aunt, uncle, nephew, and niece.
G.
Special municipal employees. Commission members shall be special
municipal employees.
[1]
Editor's Note: See also Charter Sec. 6-9.
The Redevelopment Authority is established pursuant to the provisions
of MGL Chapter 121B and is a separate body politic.
The West Springfield Retirement Board is established pursuant
to the provisions of MGL Chapter 32 and is a separate body politic.
A.
Membership. There shall be a West Springfield Tree and Urban Forest Committee ("TUFC"), which shall be a citizen-led group consisting of a minimum of three and a maximum of seven members, all of whom shall be residents of the Town, appointed by the Mayor, subject to the provisions of Section 2-10 of the West Springfield Home Rule Charter ("HRC").
B.
Purpose. The TUFC shall be a citizen-led group which will work with
Town officials to improve the health of the urban and community forest
through tree plantings, advocacy, education, management and maintenance
activities. The TUFC shall also assist with education campaigns, bringing
additional resources into the community for Town trees and forests
and apply for grants. In summary, this Committee shall raise public
awareness and improve West Springfield's urban and community forests.
C.
Terms and compensation. The terms of each appointment shall be for
three years, with terms being staggered after the initial appointment
to accommodate transition of Committee members. Committee members
shall serve without compensation.
D.
Powers and duties. The TUFC shall:
(1)
Develop and maintain, in consultation with the Mayor, the Tree Warden,
the Town Conservation Agent, and the DPW Director, a public shade
tree inventory and a public shade tree management plan pursuant to
MGL c. 132, § 16 and other applicable laws and regulations
referenced or promulgated hereunder;
(2)
Develop and maintain, in consultation with the Mayor, the Tree Warden,
the Town Conservation Agent, and the DPW Director, ordinances and
guidelines governing the management of the Town's public trees, including
planting strategies and protocols for their care and maintenance;
(3)
Seek grants and other funding to assist in the mission of the TUFC;
(4)
Oversee adherence to all applicable Massachusetts and other laws
and regulations in consultation with the Mayor, Town Attorney, and
other appropriate Town officials;
(5)
At the direction of the Mayor, the TUFC shall report to the Mayor
or to any of the Town department heads, committees, commissions, ad
hoc committees or community groups on tree-related matters; and
(6)
Further act in an advisory capacity to the Mayor under his/her supervision
and control.
E.
Limitations on powers and duties. The Committee shall have not authority
to infringe upon the statutory or regulatory powers or jurisdiction
of any other Town department, committee or commission, or upon those
duties and jurisdictions set out in relation to such departments,
committees or commissions by state or federal law or regulation, by
the HRC or Town ordinances.
F.
Meetings and proceedings.
(1)
The TUFC shall meet on an as-needed basis, but not less frequently
than quarterly;
(2)
Special meetings may be called by the Mayor, the Chair of the TUFC
or majority vote of the Committee;
(3)
Minutes shall be kept of all public meetings;
(4)
The TUFC may establish its own rules of procedure, including those
governing the conduct of its meetings;
(5)
The TUFC may request information from various Town departments, commissions,
and committees as may be deemed necessary to effectuate the duty of
the TUFC. Such requests shall be made with reasonable advance notice;
and
(6)
The TUFC shall observe and be subject to the Massachusetts Open Meeting
Law (MGL c. 30A, §§ 18 through 25) in regard to all
regular and special meetings.
G.
Special municipal employees. TUFC members shall be special municipal
employees.
[Amended 3-7-2022]
A.
Membership and purpose.
(1)
There shall be a Veterans' Advisory Board (the "Board") consisting of seven members, four of whom shall be veterans as defined in MGL c. 115, § 1, and all of whom shall either be residents and registered voters of the Town, or be a member in good standing of a recognized nongovernmental support organization ("NGSO") that provides support for residents of the Town, or be a Gold Star family member, appointed by the Mayor subject to provisions of Section 2-10 of the West Springfield Home Rule Charter (HRC).
(2)
The Board shall elect annually, at the first meeting in each calendar
year, a Chairperson, Vice Chairperson and a Secretary, who shall keep
a record of its meetings.
(3)
The Board shall work together in the best interests of the veterans
of the Town of West Springfield to provide a collective voice to the
Town's executive and legislative branches.
B.
Authority. This section is adopted under the authority of MGL c.
115, § 12.
C.
Terms and compensation. The terms of each appointment shall be for
two years, with terms being staggered after the initial appointment
to accommodate transition of Board members. Board members shall serve
without compensation.
D.
Powers and duties. The Board shall organize and implement the Memorial
Day and Veterans' Day activities, shall organize nomination criteria
and vetting procedures for formal recognition of the Town's "Veteran
of the Year" and shall promote and assist in other patriotic events
and activities in the Town during each year. Additionally, the Board
shall have the ability to recognize a resident or local business that
it determines has been an asset to the Town's veteran community. The
Director of Veterans Services shall serve as the liaison and resource
to the Board.
E.
Limitations on powers and duties.
(1)
The Board shall not have authority to infringe upon the statutory
or regulatory powers or jurisdiction of any Town department, committee
or commission, or upon those duties and jurisdictions set out in relation
to such departments, committees or commissions by state or federal
law or regulation, by the West Springfield Home Rule Charter or Town
ordinances; and
(2)
The Board shall be subject to the published rules and regulations
as established by the Massachusetts Commissioner of Veterans' Services.
F.
Rules and regulations. The Board may adopt rules and regulations,
subject to the approval of the Mayor.
G.
Meetings and proceedings.
(1)
The Board shall meet on an as-needed basis, but not less frequently
than quarterly;
(2)
Special meetings may be called by the Mayor, the Chair of the Board
or majority vote of all members of the Board;
(3)
Minutes shall be kept of all public meetings;
(4)
The Board may establish its own rules of procedure, including those
governing the conduct of its meetings; and
(5)
The Board shall observe and be subject to the Massachusetts Open
Meeting Law (MGL c. 30A, §§ 18 through 25) in regard
to all regular and special meetings.