[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-7-1981 by Art. 16. Amendments noted where applicable.]
Account books — See Ch. 3.
Administration of government — See Ch. 5.
Appropriations and expenditures — See Ch. 9.
Auditing — See Ch. 12.
Town Meetings — See Ch. 47.
Editor's Note: This chapter was derived from Sections 3.10, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.08, 4.09, 4.10, 4.11, 4.12, 4.14 and 4.15 of the Town of Yarmouth Bylaws. Section 3.10 was originally adopted 4-10-1980 as Art. 23. Sections 4.01 through 4.04, 4.06 and 4.08 through 4.10 were originally adopted in 1915. Section 4.05 was originally adopted 2-9-1914 and amended 2-8-1949 and 2-14-1950. Section 4.11 was originally adopted in 1916. Section 4.12 was originally adopted in 1919. Section 4.14 was originally adopted 3-13-1962. Section 4.15 was originally adopted 9-21-1970.
The Selectmen shall prepare and print in the Annual Town Report a table of estimates of all regular appropriations proposed to be made at the Annual Meeting. In order that they may make such a table, each board or committee trusted with the expenditure of moneys shall make out an estimate for each respective regular appropriation needed and cause the same to be handed to the Selectmen in writing, in season for the publication, with the reasons therefor.
The Selectmen shall, as often as once in three months, cause an exhibit to be prepared of the sum and object of each appropriation made by the Town, the amount of the warrants drawn against the same and the balance unexpended. Said exhibit shall be recorded in a book kept for the purpose, subject to the inspection of the citizens.
The Selectmen shall have full authority as agents of the Town to employ counsel to institute and prosecute suits in the name of the Town, except suits on bonds, notes or other securities given to the Town Treasurer, and to appear and defend suits brought against it and to appear in proceedings before any tribunal, unless it is otherwise specially ordered by a vote of the Town.
[Amended 4-8-1997 by Art. 15, approved 7-1-1997]
All deeds, conveyances, leases, discharges of mortgages, bonds, agreements, contracts or other instruments which shall be given by the Town shall, unless other provision is made by law, by vote taken at a Town Meeting, or by vote of the Board of Selectmen, be executed by not less than a majority of the full Board of Selectmen on behalf of the Town and shall be sealed with the Common Seal of the Town. By majority vote, the full Board of Selectmen may authorize the Town Administrator to execute any such instrument on behalf of the Town.
The Selectmen shall have the care, custody and supervision of all Town lands, buildings, commons, squares and enclosures belonging to the Town, with the exception of Yarmouth Port Pier, the Town Common in Yarmouth Port, the Colonial Acres Bridge, Colonial Acres Beach, the Bay View Street Common Landing, the Dennis Pond Bathing Beach, the Packet Landing at Bass River, the three garden plots and three portions of land at the entrance to Colonial Acres, which shall be under the supervision, care, custody and control of the Park Commissioners, except such as by statutes of the commonwealth are placed in the charge of other Town officials.
The Selectmen may authorize the Town Treasurer to borrow money temporarily in anticipation of the collection of taxes and to give promissory notes therefor in behalf of the Town, the same to be signed by the Treasurer and countersigned by a majority of the Selectmen, and all promissory notes shall be executed in like manner.
If an exigency shall arise requiring a larger expenditure of money than has been appropriated it shall be the duty of the Selectmen to issue a warrant for a Special Town Meeting for the purpose of making such further appropriation, if the Town shall deem it advisable.
The Selectmen shall examine the books and accounts of all officers and committees entrusted with the receipt, custody or expenditure of money and all original bills and vouchers on which moneys have been or may be paid from the treasury. They may, before approving any demand, require the claimants to certify under oath that all the articles for which the claims have been made have been furnished or that the whole service or labor has been performed and that no commission, discount, bonus, present or reward of any kind has been received or promised or is expected on account of same.
The Selectmen shall draw warrants on the Treasurer for all demands for the supply of materials, labor or service to the Town.
The Selectmen shall keep in a neat, methodical manner a complete set of books, wherein shall be stated, among other things, the appropriation for each distinct object of expenditure. Whenever the appropriations for the specific object have been expended, they shall withhold further expenditure for such object or objects or may transfer from some of the unexpended appropriations contained in the general appropriations as they may deem advisable.
The Board of Selectmen is hereby authorized to make rules and regulations governing the parking of automobiles and other vehicles on the highway.
The Selectmen shall annually appoint an Inspector of Gas Piping and Gas Appliances in buildings, whose duties will be the enforcement of the rules and regulations adopted by the board established under MGL c. 25, § 12H.
Editor's Note: Section 12H of MGL c. 25 was repealed by St. 1977, c. 843.
[Amended 4-12-1995 by Art. 30, approved 6-5-1995]
The Town Administrator shall have authority annually to dispose of surplus personal property belonging to the Town of Yarmouth by public sale or auction.
The Board of Selectmen may, after a duly advertised public hearing, set and adjust the fees charged by the Wiring Inspector, Building Inspector and Inspector of Plumbing.
[Added 4-4-2011 ATM by Art. 41, approved 7-21-2011]
The Board of Selectmen may remove for cause a member of a multi-member board, committee, or commission for which the Selectmen are the appointing authority. This vote to remove an appointed committee member shall require the affirmative vote of four members of the Board of Selectmen, after a public hearing or a hearing in executive session pursuant to MGL c. 30A, § 21. This procedure to remove a committee member will be conducted pursuant to the procedure set forth in the Selectmen's policy manual.
The members of any multiple-member board, committee or commission, not appointed by the Board of Selectmen, may be removed by the Town official or officials who appointed such members. Removal will be for cause and following a public hearing on such removal.
[Added 4-2-2012 ATM by Art. 27, approved 7-13-2012]