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Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[Amended 11-7-2017]
In addition to the 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.
Any voter shall be eligible to hold any elective town office provided that, no person shall simultaneously hold more than one elective town office.
(a) 
Composition, Terms of Office. There shall be a school committee composed of five members elected by and from the voters at large.
(b) 
Term of Office. The terms of school committee members shall be four years beginning on the second Monday following election and continuing until a successor is qualified. Terms of office shall be so arranged that the terms of as nearly an equal number of members as is possible shall expire at each regular election.
[Amended by Town Council vote December 1993; approved by Act of Legislature May 31, 1994]
(c) 
Powers and Duties. The school committee shall have general charge and superintendence of the public schools of 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, the charter, ordinance or other council vote.
(a) 
Election. A town clerk shall be elected by and from the voters at large.
(b) 
Term of Office. The town clerk shall serve for a term of four years beginning on the second Monday following election and continuing until a successor is qualified.
[Amended by Town Council vote December 1993; approved by Act of Legislature May 31, 1994]
(c) 
Powers and Duties. The town clerk shall be the keeper of vital statistics of the town, the custodian of the town seal and of all records of the town, shall administer the oath of office to all town officers, shall issue licenses and permits as may be provided by law and shall be responsible for the conduct of elections and all matters relating thereto. The town clerk shall have the powers and duties provided that office by the laws of the Commonwealth, the charter, ordinance or other council vote.
(d) 
Clerk of the Council. Unless otherwise provided by the town council the town clerk shall be the clerk of the 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 charter, by ordinance, or by other council vote.
(a) 
Composition, Election. There shall be a housing authority composed of five members. Four members shall be elected by and from the voters at large and the fifth member shall be appointed by the Secretary of Communities and Development of the Commonwealth.
(b) 
Term of Office. The terms of the housing authority members shall be four years beginning on the second Monday following election and continuing until their successors are qualified. Terms of office shall be so arranged that the terms of two members shall expire at each regular town election.
[Amended by vote of Town Council December 1993; approved by Act of Legislature May 31, 1994]
(c) 
Powers and Duties. The housing authority shall make studies of the housing needs of the town and shall provide programs for housing. The authority shall have all the powers and duties given to housing authorities under the laws of the Commonwealth.
[1]
Editor's Note: Former Section 3-5, Town Collector, as amended, was repealed 11-7-2017. Said amendment also provided for the renumbering of the remaining sections in this Part.
[Amended 11-7-2017]
If a vacancy occurs in the office of town clerk, whether by failure to elect or otherwise, the town council shall, not later than 30 days after the date that the 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. The person so chosen shall be sworn and commence to serve immediately.
If a vacancy occurs in the membership of the school committee or housing authority, whether by failure to elect or otherwise, the president of the town council shall, not later than 30 days after the date the vacancy is declared to exist, call a joint meeting of the town council and the remaining membership of whichever agency in which the vacancy is declared to exist, to act to fill the vacancy. At the 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. The person so chosen shall be sworn and commence to serve immediately. Participants in the joint meeting to fill a vacancy on the school committee or housing authority shall give consideration to whichever of the defeated candidates for the seat in which the vacancy was declared to exist who received the highest number of votes at the last regular town election immediately preceding the date the vacancy was declared to exist.