Town of West Springfield, MA Chapter 7 Boards, Commissions and Multiple-Member Bodies

[HISTORY: Adopted by the Town Council of the Town of West Springfield as Ch. 4 of the Codified Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Town agencies — See Charter Art. 6.

Departments — See Ch. 16.

§ 7-1 Election of officers.

[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.

§ 7-3 Removal of member from multiple-member body.

[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.

§ 7-5 Board of Appeals for zoning.

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.

[1] Editor's Note: See Ch. 300, Zoning.

§ 7-7 Board of Assessors.

[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]

(2) The Principal Assessor shall be appointed pursuant to the provisions of the Department of Municipal Finance ordinance.[1]

[1] Editor's Note: See Ch. 16, Departments, § 16-15.

(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.

§ 7-8 Board of Library Trustees.

[Added 7-15-2024]

A. Membership. A Board of Library Trustees consisting of nine members and one alternate is hereby established. Members shall be residents of the Town and 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 board members. The alternate member may participate in discussions about business before the Board, but shall not vote unless there is not a quorum due to the absence or recusal of other members due to conflicts of interest.

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. Board members shall serve without compensation.

C. Powers and duties. The Board shall act in an advisory capacity to the Mayor and the Library Director. The Board shall review and report to the Mayor on matters related to the operation and functions of the library, including, but not limited to:

(1) General operating and administrative policies for the governance of the library, including rules and regulations in relation to the use of the books, periodicals and papers, and of the reading rooms;

(2) The library's objectives and strategic goals; and

(3) Advising on community needs

D. Meetings and proceedings.

(1) The Board 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, Chair of the Board or majority vote 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.

(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.

E. Special municipal employees. Board members shall be special municipal employees.

§ 7-9 Board of License Commissioners. [1]

[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.

[1] Editor's Note: See also Charter Sec. 6-7; and Ch. 175, Licenses and Permits.

§ 7-11 Building and Other Facilities Planning and Construction Committee. [1]

[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.

§ 7-12 Commission on Disabilities.

[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.

§ 7-13 Community Preservation Committee.

[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.

§ 7-15 Conservation Commission.

[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.

§ 7-17 Council on Aging.

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.

§ 7-18 Cultural Council.

[Added 11-26-2024]

A. Membership. A Cultural Council consisting of seven members is hereby established pursuant to MGL c. 10, § 58. Members shall be residents of the Town and shall be appointed by the Mayor, subject to the provisions of § 2-10 of the West Springfield Home Rule Charter. Members should have demonstrated scholarship or creativity in, or distinguished service to, the arts, humanities, or interpretive sciences. The Council shall annually elect a chairperson, secretary and treasurer.

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. Any such member shall not be appointed to more than two consecutive terms. If a vacancy occurs, the Mayor shall appoint a new member who shall serve for the balance of the term of the member replaced. Board members shall serve without compensation.

C. Powers and duties. The purpose of the Cultural Council is to support public programs that advance West Springfield's creative and cultural sector to foster a rich cultural life in the Town. The Cultural Council's duties and authority shall include those specified in MGL c. 10, § 58.

D. Meetings and proceedings.

(1) The Council 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, Chair of the Council or majority vote of the Council.

(3) Minutes shall be kept of all public meetings.

(4) The Council may establish its own rules of procedure, including those governing the conduct of its meetings.

(5) The Council 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. Board members shall be special municipal employees.

§ 7-19 Historical Commission; historic districts.

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.

§ 7-21 Town Historian.

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.

§ 7-23 Housing Authority.

The Housing Authority is established pursuant to the provisions of MGL Chapter 121B and is a separate body politic.

§ 7-25 Park and Recreation Commission. [1]

[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.

§ 7-27 Planning Board.

[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.

§ 7-29 Public Safety Commission. [1]

[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.

§ 7-31 Redevelopment Authority.

The Redevelopment Authority is established pursuant to the provisions of MGL Chapter 121B and is a separate body politic.

§ 7-33 Retirement Board.

The West Springfield Retirement Board is established pursuant to the provisions of MGL Chapter 32 and is a separate body politic.

§ 7-35 Tree and Urban Forest Committee. [1]

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.

[1] Editor's Note: See also Ch. 240, Trees.

§ 7-37 Veterans' Advisory Board.

[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.