A. 
Generally. In addition to the Barnstable Town Council, the offices to be filled by the voters shall be a School Committee, a Town Clerk, and a Housing Authority and such other regional authorities, districts, or committees as may be established by law or interlocal agreement.
[Amended 6-20-2019 by Order No. 2019-208]
B. 
Eligibility for office. Any voter shall be eligible to hold any elective Town office, provided that no person shall simultaneously hold more than one elective Town office.
C. 
Town elections. A preliminary election is held for the nomination of candidates on the seventh Tuesday preceding every regular Town election. The regular Town election is held on the first Tuesday following the first Monday in November of each odd-numbered year.
D. 
Term of office. The term of office of all elective Town officers shall be four years beginning on the second Monday following election and continuing until their successors are qualified. Terms of office of Town Councilors shall be so arranged that the terms of as nearly half of the Councilors as may be shall expire at each biennial Town election. To accomplish this, odd-numbered precincts and even-numbered precincts shall expire in alternating election years. Terms of office for the five members of the School Committee and the four elective members of the Housing Authority shall be so arranged that the terms of as nearly an equal number of members as is possible shall expire at each regular election. The fifth member of the Housing Authority shall be appointed by the Secretary of Communities and Development of the commonwealth.
[Amended 9-8-2005 by Order No. 2005-126]
E. 
Filling of vacancies.
(1) 
Town Clerk: If a vacancy occurs in the office of Town Clerk either by failure to elect or otherwise, the Town Council shall, within 30 days following the date such vacancy is declared to exist, act to fill the vacancy. The Town Council shall choose from among the voters a person to serve for the balance of the unexpired term. Any person so chosen shall be sworn and commence to serve forthwith.
[Amended 6-20-2019 by Order No. 2019-208]
(2) 
School Committee and Housing Authority: If a vacancy occurs in the membership of the School Committee or Housing Authority either by failure to elect or otherwise, the President of the Town Council shall, within 30 days following the date such vacancy is declared to exist, call a joint meeting of the Town Council and the remaining membership of whichever agency in which a vacancy is declared to exist, to act to fill the vacancy. At any such joint meeting a majority of those present and voting shall choose, from among the voters, a person to serve for the balance of the unexpired term. Participants in such joint meeting to fill a vacancy in the School Committee or Housing Authority shall give consideration to whichever of the defeated candidates for the seat in which the vacancy is declared to exist who received the highest number of votes at the last regular Town election immediately preceding the date the vacancy is declared to exist. Any person so chosen shall be sworn and commence to serve forthwith.
F. 
Annual reports. All elective offices of the Town of Barnstable shall prepare annual reports of their activities and submit same to the Town Manager for inclusion in the Annual Report of the Town, on or before the fourth Friday in January. The annual report shall describe calendar-year activities for the year ending each December 31. Where required by state and/or federal regulations, certain elective offices shall be required to submit copies of their annual reports to appropriate state and/or federal agencies.
A. 
Composition and authority. There shall be 13 members of the Barnstable Town Council, one Councilor elected from each precinct. The Barnstable Town Council shall exercise all of the legislative powers of the Town.
[Amended 9-28-1993 by Order No. 93-130; 9-8-2005 by Order No. 2005-126]
B. 
Eligibility. Only voters of the Town of Barnstable, who at all times during their term of office shall be and remain residents of the Town shall be eligible to hold the office of Councilor. A member of the Town Council who moves from one precinct to another during the term for which the Councilor was elected shall cease to be a member of the Town Council; provided, however, that a Councilor with six months or less remaining on the term for which the Councilor was elected, notwithstanding removal from one precinct to another, shall continue to serve and to perform all official duties during the term of office.
C. 
Council organization. After the Councilors-elect have been sworn, the Town Council shall be called together by the Council President for the purpose of conducting an election in December among Council members for the office of Town Council President and Vice President to serve at the pleasure of the Town Council. In nonelection years, the Town Council shall conduct a reorganization election each December. The President presides at all meetings of the Town Council, and performs such other functions as may be assigned by the Barnstable Town Charter, by ordinance or by vote of the Town Council. The Vice President presides at meetings of the Town Council during the absence or disability of the President.
D. 
General powers and duties. Except as otherwise provided by law or by the Barnstable Town Charter, specifically Section 1-4 (Powers of the Town), Section 1-5 (Interpretation of Powers), and Section 2-3 (General Powers and Duties), all powers of the Town of Barnstable shall be vested in the Town Council which shall provide for their exercise and for the performance of all duties and obligation imposed on the Town by law.
E. 
Filling of Town Council vacancies. If a vacancy in the office of Councilor occurs during the first 44 months of a term, it shall be filled by a precinct election. If a regular Town election is scheduled to be held within 120 days, but more than 50 days, after the date vacancy occurs, it shall be filled by a special election within that regular election; otherwise, the Council shall schedule a special election to be held as soon as is practical to fill the vacancy for the balance of the unexpired term. The provisions of the Charter governing regular elections shall, so far as they are apt, apply to said special election, provided no preliminary election shall be held.[1]
[Amended 9-23-2003 by Order No. 93-130]
[1]
Editor's Note: See Part VII of the Charter, § 7-1 et seq.
F. 
Exercise of powers. Except as otherwise provided by the laws of the commonwealth or the Barnstable Town Charter, the legislative powers of the Town Council may be exercised in a manner determined by the Town Council.
G. 
Interrelationships. The Barnstable Town Council interacts with all elective officers of the Town, all multiple-member appointive boards, and the administrative organization of the Town. A description of said interactions appears as part of the Administrative Code under each appropriate part and section that describe the officers and agencies of the Town.
A. 
Composition. There shall be a School Committee composed of five members elected by and from the voters at large.
B. 
Powers and duties. The Barnstable School Committee shall have general charge and superintendence of the public schools for the purpose of educating children in the Town. The powers of the School Committee shall include, but need not be limited to: appoint a superintendent of schools, and all other officers and employees associated with the school, fix their compensation, define their duties and discharge them; make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town. The School Committee shall have all the powers and duties given to school committees by the laws of the commonwealth in particular Chapters 70, 71, 72, 74, and 76, the Barnstable Town Charter, ordinance or other Town Council vote.
C. 
Interrelationships.
(1) 
Town Council: The School Committee and the Town Council shall meet during each year to cooperatively discuss financial and educational policy matters of the Town. The School Committee Chairman and Town Council President shall preside over each joint meeting. The Barnstable Town Charter shall serve as the basis for establishing and maintaining this interrelationship.
(2) 
Other boards: The School Committee shall interact with any multiple-member board within the Town as necessary, so as to ensure furtherance of the Committee's responsibility to educate the children of the Town.
A. 
Eligibility. A Town Clerk shall be elected by and from the voters at large.
B. 
Powers and duties. The Town Clerk is the keeper of vital statistics of the Town, the custodian of the Town Seal and of all records of the Town, administers the oath of office to all Town officers, issues licenses and permits as may be provided by law and is responsible for the conduct of elections and all matters relating thereto. The Town Clerk has all the powers and duties provided that office by the laws of the commonwealth the Barnstable Town Charter, ordinance or other Town Council vote.
C. 
Clerk of the Town Council. Unless otherwise provided by the Town Council, the Town Clerk is to be the Clerk of the Town Council and shall give notice of all meetings of the Town Council to its members and to the public, keep a record of its proceedings and perform such duties as may be assigned by the Barnstable Town Charter, by ordinance, or by other Town Council vote.
D. 
Interrelationships.
(1) 
Town Council: The Town Clerk meets annually with the Town Council in a manner convenient to both elective officers, for the purpose of discussing those matters within the purview of the Town Clerk.
(2) 
Other officials: The Town Clerk interacts on a regular basis with all of the administrative agencies of the Town, as well as all of the multiple-member boards and all other elective officers, in particular as these pertain to administration of oath of office, and keeper of the Town records. Additionally, the Town Clerk's department, as a full-time operation, participates in the Town's administration through its Administrative Services Department.
A. 
Eligibility. There shall be a Housing Authority composed of five members. Four shall be elected by the voters at large, the fifth member shall be appointed by the Secretary of Communities and Development of the commonwealth.
B. 
Powers and duties. The Housing Authority provides public housing services to low and moderate income residents of the Town. The Authority operates pursuant to MGL Chapter 121B. The Authority secures state and federal resources for housing assistance and operates programs in conjunction with state and federal requirements.
C. 
Interrelationships.
(1) 
Town Council: In the development and planning of affordable housing efforts, the Authority interacts with the Town Council. The Housing Authority meets biannually with the Town Council in a manner convenient to both elective officers, for the purpose of discussing those matters within the purview of the Housing Authority.
(2) 
Other officials: The Housing Authority, when acting as a developer for affordable housing, interrelates with all local boards that have jurisdiction in the Chapter 40B, comprehensive permitting process. In normal property management activities, the Authority interacts regularly with the Board of Health, the Health and Building Services Divisions of the Regulatory Services Department, the Public Works Department, the Town Clerk, the Assessing Division of the Administrative Services Department, the Planning Board, the Town Collector, the Council on Aging, and the Town Manager. The Authority further interacts with each of the Fire and Water Districts of the Town for property management activities.