A.
Generally.
This part of the Administrative Code describes all multiple-member bodies whose members are appointed by the City Manager and further delineates the manner and time of appointment, terms of appointment, and authorities and responsibilities. Multiple-member bodies are City agencies as that term is defined in the Charter.
This part of the Administrative Code is divided into two sections:
§ A-302 describes multi-member bodies established pursuant to the Charter, by special act, or by ordinance. These agencies are not subject to modification by the Administrative Code. |
§ A-303 establishes multi-member bodies pursuant to Charter § 6-2, whereby the City Manager may, by administrative order, reorganize, consolidate, create, merge, divide, or abolish multiple-member bodies of the City, subject to approval of the City Council. These agencies are subject to modification by the Administrative Code. |
B.
Terms of office. Unless otherwise provided by the General Laws, the Charter, or the Administrative Code, the terms of office of multiple-member bodies shall be 3 years and shall be arranged so that one-third of the terms, or as nearly that number as possible, shall expire each year, on the annual dates noted in the table below.1
Multi-member body | Term expiration date |
|---|---|
Affordable Housing Trust Aging, Council on Assessors, Board of Bicycle and Pedestrian Committee | June 30 May 15 May 15 February 15 |
Biosafety Committee | July 15 |
Community Preservation Committee | February 1 |
Conservation Commission | February 15 |
Cultural Council Disability, Commission on Election Commissioners, Board of Environment and Energy Efficiency Committee Health, Board of | May 15 November 1 April 1 November 15 First Monday in February |
Historic District Commission | November 15 |
Historical Commission | October 1 |
Housing Authority Board of Commissioners2 | May 15 |
Human Rights Commission | April 1 |
Licensing Board Memorialization Committee Planning Board | February 1 September 15 February 15 |
Public Arts and Culture Committee | November 15 |
Solid Waste and Recycling Committee | May 15 |
Stormwater Committee | July 15 |
Traffic Commission | May 15 |
Watertown Cable Access Corporation Board of Directors3 | September 15 |
Zoning Board of Appeals | February 15 |
1 | Members of multi-member bodies who were appointed prior to the creation of the Administrative Code whose terms are less or more than 3 years maintain their previously established term expiration date. |
2 | Watertown established a Housing Authority on April 5, 1948, pursuant to G. L. Ch. 121B, §§ 3, 5 and City Code, Title III, Ch. 31.67. The Board of Commissioners of the Housing Authority is not a City agency and is not subject to the provisions established in § A-301. However, four members of the Board of Commissioners are appointed by the City Manager pursuant to G. L. Ch. 121B, § 5. The Manager's appointments are subject to City Council confirmation. |
3 | The Watertown Cable Access Corporation Board of Directors is not a City agency and is not subject to the provisions established in § A-301. However, pursuant to their Articles of Organization and Bylaws, the City Manager appoints 6 of their members and the Superintendent of the Public Schools appoints 3 of their members. The Manager's appointments are subject to City Council confirmation. |
C.
Method of appointment; removal.
1.
The City Manager appoints all members of multiple-member bodies pursuant to Charter § 3-2(3B). Appointments take effect as follows:
a.
Appointments that are specifically identified as not being subject to the confirmation process will become effective immediately upon notification by the City Manager to the applicant, City Clerk, and City Council.
b.
All other appointments are forwarded to the City Council for confirmation. If the City Council fails to take any action on an appointment within 30 days following the date notice of the appointment is filed by the City Manager with the City Council, such appointment shall be deemed to have been confirmed.
2.
Appointments made upon expiration of term shall be as follows:
a.
At least 90 days before the expiration of a member's term, the City Manager or their designee will notify the member in writing of the expiration date of the member's term and determine whether the member wishes to serve another term.
b.
Within 7 business days of giving the notice required in § A-301(C)(2)(a), the City Manager will post the position. If the City Manager has determined that the current member wishes to serve another term, the posting will include that information.
c.
The City Manager will transmit their appointment to the City Council at least 30 days prior to the expiration of the term.
3.
Appointments other than upon expiration of term shall be as follows:
a.
Vacancies occurring other than upon expiration of term, whether due to resignation, removal, or other cause, shall be filled by appointment by the City Manager for the unexpired term subject to Council confirmation.
c.
Preferably within 60 but not more than 90 days after learning of a vacancy, the City Manager shall transmit to the City Council their appointment for confirmation.
4.
All members of multiple-member bodies shall take the oath of office within 4 weeks of their appointment and must take the oath of office prior to entering upon the duties of their office. The City Clerk administers oaths of office and provides members with information on the Public Records Law, the Open Meeting Law, and the State Ethics Law, to which all members are subject.
5.
If a member of a multi-member body fails to attend regularly scheduled meetings for a period of 3 consecutive months or 3 consecutive meetings, whichever is longer, or if such member is absent from their duties for the period of 1 year, the City Manager shall notify the member of the intent to declare the office vacant. Within 30 days, the member may provide the Manager in writing with a justification for their prolonged absence and their expected return to duty. The Manager in their discretion may approve the request or officially declare the office vacant.
6.
Members of multiple-member bodies that require residency as a condition of membership shall be deemed to have vacated office if said member removes from the City.
7.
Unless otherwise prescribed by the General Laws, the Charter, or the Administrative Code, appointed members of multi-member bodies may only be removed, notwithstanding the term established by § A-301(B), by the City Manager and subject to confirmation of their removal by the City Council.
8.
Members whose terms have expired may continue serving in a hold-over capacity until they have either been reappointed and confirmed or their successor has been appointed and qualified in their stead.
D.
Annual reports. Pursuant to Charter § 3-2(13C), all multiple-member bodies shall prepare an annual report of their activities and submit it to the City Manager and the City Clerk on or before the fourth Friday in March. The annual report shall describe activities for the calendar year ending each December 31. Where required by state, regional, or federal regulations, certain boards may be required to submit copies of their annual reports to appropriate state, regional, or federal agencies.
E.
Authority of multiple-member bodies. Multiple-member bodies may be:
1.
Advisory, wherein the body has no legal authority to promulgate external rules or regulations, decide individual cases, or enact policy.
2.
Ministerial, wherein the body has legal authority to take actions that follow set rules and that are essentially administrative in nature.
3.
Quasi-judicial, wherein the body has legal authority to render decisions.
5.
Combinations of advisory, ministerial, quasi-judicial, and regulatory.
F.
Multiple-member body internal organization; rules and regulations.
1.
Each multiple-member body shall, at a minimum, annually elect from its membership a Chair, Vice Chair, and Clerk, and such other officer or officers as deemed necessary or required by the General Laws. The annual election shall occur within 45 days of the date upon which terms expire. The Chair presides over all meetings of the multiple-member body and is the official representative of the multiple-member body in all proceedings before the City Council and other officials of the City. The Vice Chair performs the Chair's functions in the absence of the Chair. The Clerk is responsible for the certification of the multiple-member body's meeting minutes, observance of the Open Meeting Law, and maintenance of the journal of proceedings of the multiple-member body. The City Manager and City Clerk shall be notified of the officers of each body upon their election.
2.
To acquaint new members of multiple-member bodies with the affairs which will come before them, the Chair, working with the staff liaison, shall make available to each new member the minutes of the meetings of the 2 previous years and copies of any applicable laws, ordinances, rules, or regulations governing such multiple-member body.
3.
Each multiple-member body shall conduct meetings in accordance with Robert's Rules of Order to the extent applicable unless otherwise specified in federal, state, and/or local laws or regulations, and shall provide for the keeping of minutes. Such minutes shall be available for public inspection. If requested by any member, any vote shall be taken by a call of the roll, and the vote shall be recorded in the journal provided. However, if the vote is unanimous, only that fact need be recorded. A majority of the full membership of the multiple-member body shall constitute a quorum. Multiple-member bodies shall establish internal administrative rules processes for the proper function of activities under their care and control.
G.
Time and place of meetings. The clerk of each multiple-member body is responsible for notifying the City Clerk of the regularly scheduled multiple-member body meeting times and dates for the ensuing calendar year. The notification shall also include a location for each regular meeting. This shall not prevent multiple-member bodies from amending the schedule or calling special meetings in addition to those regularly scheduled, provided that, in all instances, the provisions of the Open Meeting Law are followed. The City Clerk shall ensure posting of all meetings is consistent with the Open Meeting Law.
H.
Authority to establish subcommittees. Each multiple-member body may, by a majority vote of its membership, establish subcommittees of the multiple-member body for the purpose of addressing a particular issue or issues. The membership of a subcommittee shall be limited to the membership of the multi-member body establishing the subcommittee. A report of their activities shall regularly be made to the full multiple-member body. Each subcommittee so established shall be subject to laws pertaining to public records and open meetings.
I.
Eligibility for service. Any resident of Watertown is eligible to be appointed to a multiple-member body. Unless otherwise prohibited by the Charter, Administrative Code, or General Laws, the residency requirement may be waived by the City Manager at their discretion. Only where expressly authorized by the Charter, Administrative Code, or General Laws shall a City employee or elected official be appointed to serve on a multiple-member body.
J.
Special Municipal Employees. By Order 2023-O-17, as approved on March 28, 2023, the City Council has designated members of multi-member boards as special municipal employees pursuant to the Massachusetts Conflict of Interest Law, G. L. Ch. 268A, § 1(n).
K.
Staff assistance. The City Manager shall designate 1 or more staff liaisons to a multiple-member body. Said liaison(s) shall be subject only to the supervision of the City Manager and shall perform such duties as the City Manager may prescribe. Staff liaisons assist multiple-member bodies in the pursuit of their missions and responsibilities and the efficient implementation of their activities by ensuring they receive objective, timely, professional, and accurate information upon request and recommendations based on City policies and plans. Multiple-member boards may not employ their own staff.
L.
Operating budget. The City Manager may, through the City budget, provide operating costs for a multiple-member body. Expenditure of these funds requires approval of a majority of the multiple-member body and coordination by the staff liaison. Contracts executed using funds of the multiple-member body shall require approval and signature of the City Manager.
M.
External communication. External communications generated by the multi-member appointive organization must be reviewed by the staff liaison and shall be approved by majority vote of the relevant multi-member body.
N.
Compensation. Unless otherwise provided by the Charter, ordinance, or the Administrative Code, members of multiple-member bodies, with the exception of those who are otherwise City employees, shall receive no compensation.