A.
The Chair, Vice Chair, Clerk, and Licensing Chair shall be elected
annually at the last Board meeting in June. The term shall be for
one year. Each officer shall be elected by a majority vote of the
Board, and can be removed by a majority vote of the Board at any time.
B.
If a vacancy occurs during the term of any officer, it will be filled
at the next meeting of the Board.
C.
Responsibilities of Chair:
(1)
Preside at all meetings of the Board. In doing so, he/she shall maintain
order in the meeting room, recognize speakers, call for votes and
preside over the discussion of agenda items.
(2)
Sign official documents for the Board.
(4)
Prepare meeting agendas in consultation with the Town Manager.
(5)
Serve as spokesman of the Board at Town Meetings and present the
Board's position unless otherwise determined by the Board.
(6)
Oversee an annual review of the Town Manager. The Chair should solicit
individual feedback from each Select Board member, draft the review,
discuss it with the Town Manager.
The Chair shall have the same rights as other members to offer
motions and resolutions, to discuss questions and to vote thereon.
D.
Responsibilities of Vice Chair. Act in place of the Chair in the
Chair's absence.
E.
Responsibilities of Clerk:
(1)
Record minutes for all sessions of the Board, unless otherwise assigned
by the Chair.
(2)
Annually review all unreleased executive session meeting minutes
to determine if they can be released, unless otherwise assigned by
the Chair.
(3)
Maintain and update master version of policies handbook as needed,
unless otherwise assigned by the Chair.
A.
All boards and committees shall conduct all their meetings pursuant
Massachusetts General Law Chapter 30A and 940 CMR 29 (the Open Meeting
Law and regulations). It is understood that, under certain circumstances
(as outlined in 940 CMR 29.10) it may be unreasonably difficult for
a member of a board or committee to be physically present at the meeting
location; therefore, the Select Board authorizes the use of remote
participation by Town boards and committees per the authority vested
in it by MGL c. 4, § 7.
B.
Said remote participation is expressly contingent upon compliance
with the following guidelines:
(1)
The Chair or, in the Chair's absence, the Vice Chair must be
physically present at the meeting.
(2)
If Chair is to participate remotely, the Vice Chair shall serve as
acting Chair and will run the meeting pursuant to the agenda.
(3)
There must be a physical quorum at the meeting location.
(4)
All reasonable efforts to reschedule around the committee's
availability will be done prior to considering remote participation.
(5)
Only one member of the board may participate remotely at any meeting
and that shall be the first member to request to participate remotely.
(6)
All reasonable efforts will be made to provide maximal advance notice
of the need for remote participation, so a technical solution can
be provided. In no case will remote participation be allowed without
at least 72 hours (from the posted start time of the meeting) of advance
notice.
(7)
The remote participant is expected to be presented visually and audibly
in the meeting room and on any recordings. A contact number must be
provided by the remote participant prior to the meeting, should video
connectivity prove to be unacceptable.
(8)
All votes recorded shall indicate which member is participating remotely.
(9)
If connection with the remote board/committee member is lost at any
time during the meeting, then said member will no longer be considered
a participant for the balance of the meeting.
(10)
No email, TXT, SMS or nonstreaming communication will be considered
acceptable for the purposes of remote participation.
(11)
The remote participant is expected to seek and utilize the most
dependable connection method available (i.e., wired LAN rather than
wireless or hotspot, wired phone rather than cell).
(12)
Each member is limited to two meetings per fiscal year in which
to participate remotely.
C.
The Select Board reserves the right to rescind remote participation
by boards and committees at any time by majority vote in accordance
with MGL c. 30A and 940 CMR 29.
D.
The Town of North Andover recognizes that on July 16, 2022, Governor
Baker signed into law An Act Relative to Extending Certain State Accommodations,
which extended remote access to meetings without a quorum of the public
body physically present at the meeting. In 2023, Governor Healey signed
in law Chapter 2 of the Acts of 2023, which extended the remote access
allowances through March 31, 2025.
A.
The North Andover Select Board recognizes the importance of public
comment, at the discretion of the Chair, on items on the official
agenda as well as items not on the official agenda. All comments from
the public are to be directed to the Chair and all parties, including
members of the North Andover Select Board, shall act in a professional
and courteous manner when either addressing the Board, or in responding
to the public. Public comment is not intended to be a discussion,
debate, or dialogue between or among citizens and the Select Board.
Rather, it is intended to offer citizens an opportunity to express
their opinion on issues of Select Board business. While the Board
will not typically respond to citizen comments or questions posed
at public comment, the Chair, as presiding officer of the meeting,
may answer or request an answer to a question if they deem it appropriate.
Further, should the Chair believe that an issue or question falls
outside the purview of the Select Board they may request that citizens
direct it to the appropriate person or body so that the matter is
given proper consideration.
B.
It is the role of the Chair to set time limitations and maintain
order during all public comment discussions, as it is important that
the Select Board allow themselves enough time to conduct their official
Town business.
C.
The following process will govern public comment at the Select Board
meetings:
(1)
Total time for public comment is 15 minutes, which can be adjusted
by the Chair, based on the meeting's formal agenda content, and
time requirements.
(2)
Once recognized by the Chair, all persons addressing the Board shall
state their name and address prior to speaking and present themselves
at a microphone.
(3)
Comments must be short and to the point. There will be a time limit
of up to three minutes per person, which will be enforced by the Chair
of the meeting. If the number of people wishing to speak exceeds five,
the Chair may, at their discretion, limit individual comments to less
than three minutes per person.
(4)
On those issues that can be resolved by directing citizens to the
appropriate staff, the Chair will advise the citizen of appropriate
steps to take.
(5)
Town employees, committee, commission or board members who have business
with the Select Board later on the agenda will not request recognition
during public comment time.
(6)
Persons wanting to reserve time on an official agenda must contact
the Town Manager's office.
(7)
All persons addressing the public body are asked to conduct themselves
in a peaceable and orderly manner. Such persons may not make true
threats of violence or incite imminent lawless conduct by others.
These types of comments will not be tolerated.
(8)
Speakers must not interrupt recognized speakers or members of the
public body.
(9)
Whenever the public is allowed to participate in remote public meetings,
the same rules and guidelines that apply to in-person meetings apply
to their remote counterparts.
(10)
Comments made during public comment sessions do not reflect
the views or the positions of the public body before which the member
of the public is speaking. Because of constitutional free speech principles,
public bodies do not have the authority to prevent or limit all speech
that may be upsetting or offensive during such sessions.
A.
Agendas for regular meetings shall be completed no later than Thursday
prior to a scheduled Monday meeting. The Board Chair and Town Manager
shall coordinate the agenda items and sequence. Board members may
submit agenda requests to the Chair for inclusion. A draft agenda
shall be made available electronically to all members of the Board
by the close of business on Wednesday before the scheduled meeting.
Board members should notify the Chair and Town Manager of any requested
modifications to the draft agenda by 12:00 noon Thursday.
B.
Any written materials or other documentation from outside parties,
to be discussed during a regular meeting, must be submitted to the
Town Manager's office no later than 3:00 p.m. on Wednesday prior
to the scheduled meeting. If supporting documentation is not provided
in such a timely manner, the Board may defer action on that agenda
item.
C.
The agenda shall be available to the public pursuant to requirements
of Massachusetts General Law.
A.
Appointment Subcommittee.
(1)
At the last meeting in June, the Select Board shall appoint two members
of the Board to serve on the Appointment Subcommittee. The Subcommittee
shall be responsible for interviewing all candidates for appointment
to boards and committees for the purpose of making recommendations
to the Select Board.
(2)
It shall be the mission of the Select Board to ensure that the highest
possible quality of individuals are chosen to represent the Town on
all of the Select Board's appointed boards. To help the Select
Board achieve this goal, it shall be the policy of the Board to invite
all interested applicants to submit an online volunteer application
outlining their credentials to the Select Board.
B.
Process.
(1)
Terms of appointment for Select Board appointed committees will coincide
with the fiscal year end on June 30. Unless specified otherwise, all
such standing committee appointments shall be for three-year terms.
Appointments will be made during the last meeting in June. Vacancies
and committee openings will be noted during the first regular televised
meeting in May, and will be posted on the Town's website at least
three weeks prior to the appointments. Applications shall be forwarded
to the full Board as they are received.
(2)
The Appointment Subcommittee shall make all efforts to review current
committee composition, and search for diverse and well-rounded committee
members. The Appointment Subcommittee may in any given year require
currently expiring committee and commission members to reapply for
their appointments. The Appointment Subcommittee may also recommend
changes in a committee composition in order to allow associate committee
members an opportunity to serve as whole members.
(a)
The following procedures will be used to fill all vacancies,
annual appointments or when creating a new committee:
[1]
Notice of the vacancy shall be announced at the next regular
Select Board meeting and posted on the website and all social media
outlets of the Town.
[2]
Residents who wish to be considered for appointment must complete
an application. The application should contain all of their contact
information, a brief statement as to why they are interested in serving
on the committee and a brief personal background.
[3]
When an application is received, the Executive Assistant to
the Town Manager shall forward it to all the members of the Select
Board.
[4]
The Select Board Appointment Subcommittee shall interview all
new applicants. Interviews may be requested by the Subcommittee, but
are not required, for re-appointments or for candidates who have previously
served on a committee or board.
[5]
The Appointment Subcommittee will schedule a time for a short
interview with the applicant. All interviews shall take place during
a publicly posted Appointment Subcommittee Meeting at Town Hall.
[6]
Any other Board member that wishes to interview an applicant
must schedule their own meeting outside of the posted Appointment
Subcommittee meeting.
[7]
The agenda for the Appointment Subcommittee shall be posted
in accordance with the Open Meeting Law. The agenda shall list the
name of each applicant and the committee they are interviewing for.
[8]
After the interview, the Appointment Subcommittee may or may
not forward the applicant to the full Board for consideration.
[9]
If the applicant is forwarded to the Select Board, the appointment
shall be placed on the next scheduled Select Board meeting for consideration.
(b)
All appointments being completed mid-term due to a vacancy shall
fill the vacant term only.
(c)
At the end of the second term, prior to a candidate being brought
to the Select Board as a whole for re-appointment, the candidate shall
be interviewed by the Subcommittee.
(d)
All final appointments must come before the Select Board as
a whole for approval.
(e)
At the end of any appointment, the Select Board reserves the
right to move a different candidate forward for appointment.
A.
At the first meeting in April, the Select Board will assign liaisons
to each committee. Each committee/board shall be notified as to their
Board liaison by the Select Board. Assignments will be equally distributed
amongst the Select Board members as best as possible. It is requested
that each committee/board which has been assigned a liaison include
the Select Board liaison in the distribution of all general meeting
correspondence (meeting agendas, minutes, etc.). This will make for
a more effective liaison assignment. Each committee/board which has
an assigned liaison should use that person as the first point of contact
to the Select Board.
B.
Temporary assignments. The Chair shall appoint a liaison to each
ad hoc committee created by the Board. The Chair may also make temporary
liaison assignments to other committees, boards, or groups if so requested,
or if a majority of the current Select Board votes to make such an
assignment.
C.
Expectations. Each Board member will maintain some level of communication
with each committee/board to which he/she is assigned. Attendance
at every meeting is not required. However, regular updates to the
full Board are expected. It is especially important to keep Board
colleagues informed of critical issues. Liaisons are encouraged to
invite committee/board members to report to the full Board as deemed
necessary, but at least once a year. It is not the responsibility
of the liaison to report Select Board activities to assigned committees/boards.
D.
Participation. The Select Board liaison is not considered a member
of each assigned committee/board. He/she should not actively participate
in meetings unless invited to do so or as needed to provide or obtain
information and feedback.
A.
Purpose.
(1)
These guidelines serve as the standard for achieving and maintaining
a high level of public confidence, trust, and professional respect
with regard to how the Town of North Andover (the "Town") and its
officials conduct business. These guidelines are intended to define
and create a centralized understanding with regard to standards of
conduct.
(2)
The Select Board recognizes the importance of maintaining professional
standards at all levels of the government, including for those who
volunteer their time and services on behalf of the Town.
(3)
The Select Board encourages other boards and committees of the Town
who are not appointed by the Select Board to adopt these guidelines.
B.
Applicability. These guidelines apply to the Select Board; to all
other Town boards, commissions, and committees appointed by the Select
Board or the Town Manager; and to all presiding officers, board members,
commission members, committee members, public officials, and other
representatives of the Town appointed by the Select Board, or Town
Manager/Town Administrator while acting in their official capacity
or while acting on behalf of the Town.
C.
Code of conduct. All members of the Select Board and all other individuals
listed above assume the following obligations and commitments:
(1)
Conduct generally and in relation to the community.
(b)
Remember that you represent the Town at all times.
(c)
Accept your position as a means of unselfish public service
and do not attempt to benefit personally, professionally, or financially
from your position.
(d)
Recognize that the chief function of local government at all
times is to serve the best interests of all of the people.
(e)
Demonstrate respect for the public that you serve.
(f)
Safeguard all confidential information, including, without limitation,
privileged attorney client communications.
(g)
Seek no favors and understand that personal aggrandizement or
profit secured by holding these positions is often dishonest and may
be unlawful.
(h)
Conduct yourself so as to maintain public confidence in our
local government.
(i)
Conduct official business in such a manner as to give the clear
impression that you cannot be improperly influenced in the performance
of your official duties.
(j)
Unless specifically exempted (e.g., executive session), conduct
the business of the public in a manner that promotes open and transparent
government and maintains full compliance with the Open Meeting Law.
(k)
Comply with all Town policies.
(l)
Comply with all applicable laws, including, without limitation,
the following: The Open Meeting Law (MGL c. 30A, §§ 18-25),
Procurement Laws (MGL c. 30B), The Ethics/Conflict of Interest Statute
(MGL c. 268A), The Public Records Law (MGL c. 66, § 10).
(m)
When in doubt about actions, seek the guidance of the Town Manager's
office.
(2)
Conduct in relation to Your Fellow Board/Commission/Committee Members.
(a)
Treat all members of the board/commission/committee with respect
despite differences of opinion; professional respect does not preclude
honest differences of opinion but requires respect within those differences.
(b)
Recognize your responsibility to attend all meetings to assure
a quorum and promptly notify the Chair should you for any reason be
absent from a given meeting or be unable or unwilling to continue
to serve. Formal notice to resign from a board/commission/committee
requires written notification to the Town Clerk.
(c)
Recognize that action at official legal meetings is binding
and that you alone cannot bind the board/commission/committee outside
of such meetings.
(d)
Refrain from making statements or promises as to how you will
vote on quasi-judicial matters that will come before the board until
you have had an opportunity to hear the pros and cons of the issue
during a public meeting.
(e)
Uphold the intent of executive session and respect the privileged
communication that exists in executive session.
(f)
Make decisions only after the presentation and discussion of
all facts applicable to a question.
(3)
Conduct in relation to the Town Manager.
(a)
Recognize and support the administrative chain of command and
refuse to act on complaints as an individual outside the administration.
(b)
Give the Town Manager full responsibility for making and implementing
their decisions.
(c)
Refrain from giving orders or directions to the Town Manager
for action as an individual Select Board member.
(d)
Refrain from giving instructions to or requesting assistance
from Town department heads, but rather channel all such activities
through the full board/commission/committee and the Town Manager.
(e)
Refrain from providing information to the Town Manager that
you would not be willing to share with other Board members.
(4)
Conduct in relation to Town staff.
(a)
Treat all staff as professionals and respect the abilities,
experience, and dignity of each.
(b)
Direct questions about Town staff or requests for additional
background information to the Town Manager.
(c)
Avoid publicly criticizing an individual employee or a department;
only raise concerns about staff performance to the Town Manager through
private communication.
(d)
Ensure that all requests for staff support go through the Town
Manager's office.
E.
Distribution and education.
(1)
The Town Clerk shall provide a copy of these guidelines to all members
upon its issuance and upon the subsequent appointment or re-appointment
of any member.
(2)
The Town Clerk shall maintain and distribute educational materials
from the State Ethics Commission to members.
(4)
The Town Clerk shall educate the Board, members, and officials on
the Conflict of Interest Law and ensure compliance with annual state
mandated online training.
(5)
Board members have a responsibility to take all required classes
and become familiar with the applicable laws and regulations.
Where a Criminal Offender Record Information (CORI) check is
required by the Town of North Andover as part of a general background
check for volunteer work, the following practices and procedures will
be followed:
A.
CORI checks will only be conducted as authorized by the Criminal
Systems History Board (CHSB). Applicants will be notified that a CORI
check will be conducted if required as part of their volunteer service.
If requested, the applicant will be provided with a copy of this CORI
policy.
B.
An informed review of a criminal record requires adequate training.
Accordingly, all personnel authorized to review CORI in the decision-making
process will be thoroughly familiar with the educational materials
made available by CHSB.
C.
Unless otherwise provided by law, a criminal record will not automatically
disqualify an applicant. Rather, determinations of suitability based
on CORI checks will be made consistent with this policy and any applicable
law or regulations.
D.
If a criminal record is received from CHSB, the authorized individual
will closely compare the record provided by CHSB with the information
on the CORI request form and any other identifying information provided
by the applicant, to ensure the record relates to the applicant.
E.
If the Town reasonably believes the record belongs to the applicant and is accurate, based on the information as provided in Subsection D above, then the determination of suitability for the position will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but are not be limited to the following:
(1)
Relevance of the crime to the position sought;
(2)
The nature of the work to be performed;
(3)
Time since the conviction;
(4)
Age of the candidate at the time of the offense;
(5)
Seriousness and specific circumstances of the offense;
(6)
The number of offenses;
(7)
Whether the applicant has pending charges;
(8)
Any relevant evidence of rehabilitation or lack thereof;
(9)
Any other relevant information, including information submitted by
the applicant or requested by Town.
F.
If the Town is inclined to make an adverse decision based on the
results of the CORI check, the applicant will be notified immediately.
The applicant shall be provided with a copy of the criminal record
and this CORI policy, advised of the part(s) of the record that make
the individual unsuitable for the position, and will be given an opportunity
to dispute the accuracy and relevance of the CORI record.
G.
Applicants challenging the accuracy of the record shall be provided
a copy of CHSB's "Information Concerning the Process in Correcting
a Criminal Record." If the CORI record provided does not exactly match
the identification information provided by the applicant, the Town
will make a determination based on a comparison of the CORI record
and documents provided by the applicant. The Town may contact CHSB
and request a detailed search consistent with CHSB policy.
H.
The Town will notify the applicant of the decision and the basis
of the decision in a timely manner.
I.
Criminal Offender Record Information (CORI) checks required as a
part of employment with the Town are covered by the Town's Personnel
Policy.
A.
Proclamation may be made on of behalf of the Town of North Andover
by majority vote of the Select Board in accordance with the following
guidelines.
B.
Proclamations are ceremonial documents signed by the Select Board
and issued for public awareness, art and cultural celebrations and
other special honors.
C.
Groups and individuals seeking to have the Select Board issue a proclamation
or resolution shall provide a draft document for review at least one
Board meeting prior to the date on which the proclamation/resolution
is requested to be voted on and/or signed.
D.
The Board may refer the proclamation/resolution back to the requestor
for changes prior to approving, signing, and reading the proclamation/resolution
at a public meeting.
E.
For a proclamation that is expected to be repeated on a regular,
or annual basis, this approval process shall only be required the
first time it is brought before the Board.
F.
The Select Board reserves the right to modify or deny any proclamation
request. More than one cause can be proclaimed simultaneously.
G.
This procedure is not required for requests by individual Board members
for proclamations that recognize significant events, such as milestone
birthdays, retirements, anniversaries, etc.
