Background. The Falmouth Home Rule Charter as amended by Article 28 of the November 2019 Annual Town Meeting and affirmed by vote of the Town on Question Seven on the ballot of the May 2020 Annual Town Election added Article III, Sec. C3-7H which provides as follows: "H. The Board shall have the power and authority, after public hearing and publication, to adopt rules and regulations for the conducting of Town business, the use of Town real and personal property and other matters within its jurisdiction and set the penalties for violations thereof."
A rule
or regulation may be initiated by vote of the Select Board acting
on its own initiative or by request or recommendation of the Town
Manager, a department head, a duly organized governmental body of
the Town or by petition filed with the Town Clerk bearing the verified
signatures of at least ten (10) registered voters of the Town.
Should
the Select Board choose to pursue the proposed rule or regulation,
it shall submit the proposed rule or regulation to the department
head of any department or chairperson of any governmental body affected
by the proposed rule or regulation for comment and recommendation
to be returned within thirty (30) days and the Select Board may submit
the proposed rule or regulation to the Town Counsel for legal analysis,
comment and recommended language or conditions.
The Select
Board shall hold a public hearing on the proposed rule or regulation,
and notice of the hearing shall be published in a newspaper of general
circulation in the Town and noticed on the Town's website at least
fourteen (14) days before the first day of the scheduled hearing.
The notice of hearing shall inform the public that the text of the
proposed rule or regulation may be read and examined on the Town's
website or at the Town Clerk's office during regular business hours.
The Board may amend the proposed rule or regulation to conform to
comments or recommendations received. The public hearing may be continued
from time to time at the discretion of the Board
The Select
Board shall vote on the disposition of the proposed rule or regulation
at an open meeting of the Board, and the rule or regulation so adopted
shall take effect upon its adoption and filing a copy of the vote
with the Town Clerk.