Article I Administration

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.

Sign official documents for the Board.

Call special meetings in accordance with Open Meeting Law.[1]

[1]

Editor's Note: See MGL c. 30A, §§ 18 through 25.

Prepare meeting agendas in consultation with the Town Manager.

Serve as spokesman of the Board at Town Meetings and present the Board's position unless otherwise determined by the Board.

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.

Responsibilities of Vice Chair. Act in place of the Chair in the Chair's absence.

Responsibilities of Clerk:

Record minutes for all sessions of the Board, unless otherwise assigned by the Chair.

Annually review all unreleased executive session meeting minutes to determine if they can be released, unless otherwise assigned by the Chair.

Maintain and update master version of policies handbook as needed, unless otherwise assigned by the Chair.

Responsibilities of the Licensing Chair:

Preside at all meetings of the Licensing Commission.

§ 300-2 Remote participation for boards and committees.

Authority to approve one-day licenses in accordance with North Andover Licensing Regulations.

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.

Said remote participation is expressly contingent upon compliance with the following guidelines:

The Chair or, in the Chair's absence, the Vice Chair must be physically present at the meeting.

If Chair is to participate remotely, the Vice Chair shall serve as acting Chair and will run the meeting pursuant to the agenda.

There must be a physical quorum at the meeting location.

All reasonable efforts to reschedule around the committee's availability will be done prior to considering remote participation.

Only one member of the board may participate remotely at any meeting and that shall be the first member to request to participate remotely.

§ 300-3 Public comment at Select Board meetings.

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.

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.

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.

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.

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.

The following process will govern public comment at the Select Board meetings:

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.

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.

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.

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.

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.

§ 300-5 Board and committee appointments.

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.

§ 300-4 Meeting agendas.

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.

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.

The agenda shall be available to the public pursuant to requirements of Massachusetts General Law.

Appointment Subcommittee.

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.

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.

Process.

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.

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.

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.

All appointments being completed mid-term due to a vacancy shall fill the vacant term only.

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.

All final appointments must come before the Select Board as a whole for approval.

§ 300-7 Code of conduct for boards and committees.

At the end of any appointment, the Select Board reserves the right to move a different candidate forward for appointment.

§ 300-6 Liaisons.

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.

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.

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.

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.

Purpose.

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.

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.

The Select Board encourages other boards and committees of the Town who are not appointed by the Select Board to adopt these guidelines.

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.

Code of conduct. All members of the Select Board and all other individuals listed above assume the following obligations and commitments:

Conduct generally and in relation to the community.

Stay informed about the local and state duties of a board or committee member, including under the Open Meeting Law, Public Records Law and Ethics Laws.[1]

[1]

Editor's Note: See MGL c. 30A, §§ 18 through 25; c. 66, § 10; and c. 268A, respectively.

Remember that you represent the Town at all times.

Accept your position as a means of unselfish public service and do not attempt to benefit personally, professionally, or financially from your position.

Recognize that the chief function of local government at all times is to serve the best interests of all of the people.

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.

Conduct in relation to Your Fellow Board/Commission/Committee Members.

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.

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.

Recognize that action at official legal meetings is binding and that you alone cannot bind the board/commission/committee outside of such meetings.

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.

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.

Conduct in relation to the Town Manager.

Recognize and support the administrative chain of command and refuse to act on complaints as an individual outside the administration.

Give the Town Manager full responsibility for making and implementing their decisions.

Refrain from giving orders or directions to the Town Manager for action as an individual Select Board member.

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.

Refrain from providing information to the Town Manager that you would not be willing to share with other Board members.

Conduct in relation to Town staff.

Treat all staff as professionals and respect the abilities, experience, and dignity of each.

Direct questions about Town staff or requests for additional background information to the Town Manager.

Avoid publicly criticizing an individual employee or a department; only raise concerns about staff performance to the Town Manager through private communication.

Ensure that all requests for staff support go through the Town Manager's office.

Guidelines for committee members speaking at other committee's meetings.

Committee members shall only speak on behalf of a board if the board has voted to authorize such speech.

Committee members who attend meetings to speak in their individual capacity shall state that prior to speaking.

Distribution and education.

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.

The Town Clerk shall maintain and distribute educational materials from the State Ethics Commission to members.

The Town Clerk shall develop a schedule of training programs to educate the Board and members on the Conflict of Interest Law and ensure compliance with said Law.[2]

[2]

Editor's Note: See MGL c. 268A.

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.

Board members have a responsibility to take all required classes and become familiar with the applicable laws and regulations.

Compliance with policy.

§ 300-8 Criminal Offender Record Information (CORI) policy.

If a committee members violates this policy, the Town reserves the right to ask a member to resign or to choose not to reappoint the member for another term.

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:

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.

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.

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.

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.

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:

Relevance of the crime to the position sought;

The nature of the work to be performed;

Time since the conviction;

Age of the candidate at the time of the offense;

Seriousness and specific circumstances of the offense;