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.
[1]
Editor’s Note: Former § 241-6, The Barnstable Town
Collector, was repealed 6-20-2019 by Order No. 2019-208.
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.
