[HISTORY: Adopted by the Select Board of
the Town of Lancaster; printed as amended through 3-1-2005. Subsequent
amendments noted where applicable.]
The Select Board of the Town of Lancaster, recognizing
the need to codify the traditional and accepted working relationships
among the members of the Board, between the Board and the Town Administrator,
and between the Board and other Town boards, committees, officials
and citizens, and also recognizing the need to systemize and reduce
to writing the Town's public policies and procedures, hereby undertakes
to create operating procedures for the Select Board.
These policies and procedures shall contain
items relating to topics that cannot be addressed elsewhere. Subjects
that would more appropriately be addressed in a statute, bylaw or
regulation shall not be addressed in this format.
A.
Draft policies and procedures shall be placed on the
agenda for any regularly scheduled meeting of the Board. Drafts shall
be in writing, and may be introduced only by a member of the Board
or the Town Administrator. Upon receipt of a draft, the Board may
choose to discuss the policy immediately or schedule the discussion
for a future meeting. The Board may schedule any hearings or meetings
it deems necessary for discussion. The Board may distribute a draft
for comment to appropriate officials, as it deems necessary.
B.
The Board shall not vote on a policy at the same meeting
that it is first introduced. This rule may be waived if the Board
unanimously votes that prompt action is necessary. A unanimous vote
of a three-member Board or four votes of a five-member Board is necessary
for adoption.
C.
The Town Administrator shall be responsible for the
maintenance of all policies and procedures.
The Select Board is an elected Board and derives
its authority and responsibilities from the statutes of the Commonwealth
of Massachusetts and the bylaws of the Town of Lancaster.
The Board shall consist of three duly elected
members. Before assuming official duties, each newly elected member
shall be sworn to faithful performance of official responsibilities
by the Town Clerk.
When a vacancy occurs in the membership of the
Select Board, the Board or its remaining members shall call a Special
Town Election to fill the unexpired term or terms in accordance with
the Massachusetts General Laws.
A.
The Board is responsible for policy development and
review for compliance. The Board works with the Town Administrator
on policy formulation.
B.
The Board is responsible for supervising the departments
of the general government that are not supervised by other elected
officials. This responsibility is delegated to the Town Administrator,
and the Board will refrain from involvement in day-to-day operations.
Concerns and questions about the operation of departments, and suggestions
for improvements should be addressed to the Town Administrator. The
responsibility for addressing these issues is thus carried out through
the Town Administrator. Select Board members may be called upon to
resolve disputes that are unable to be resolved on the staff level.
The Select Board may follow up on concerns or issues addressing these
approved policies.
A.
The Board appoints a Town Administrator who functions
as the Town's Chief Administrative Officer. The primary duties of
the Town Administrator shall be the day-to-day administration of the
general government as outlined in the position's job description.
The Town Administrator shall also assist and work under the direction
of the Select Board in the formulation of policy.
B.
The Town Administrator must maintain a close working
relationship with all members of the Board. He/she shall regularly
brief the Board on all important issues.
C.
In order to provide the Town with continuity of management
and the Town Administrator with job security, the Select Board are
committed to maintaining an employment agreement with the Town Administrator,
as permitted by statute.
A.
A member of the Select Board, in relation to his or
her community should:
(1)
Realize that his or her basic function is to make
policy, with administration delegated to the Town Administrator.
(2)
Realize that he or she is one of a team and should
abide by, and carry out, all Board decisions once they are made.
(3)
Be well informed concerning the duties of a Board
member on both local and state levels.
(4)
Remember that he or she represents the entire community
at all times.
(5)
Accept the office of Select Board as a means of unselfish
service, not to benefit personally or politically from his or her
Board activities.
(6)
In all appointments, avoid political patronage by
judging all candidates on merit, experience, and qualifications only.
(7)
Abide by the ethics established by the state and not
use the position to obtain inside information on matters that may
benefit someone personally.
B.
A member of the Select Board, in his or her relations
with administrative officers of the Town, should:
(1)
Endeavor to establish sound, clearly defined policies
that will direct and support the administration for the benefit of
the people of the community.
(2)
Recognize and support the administrative chain of
command and refuse to act on complaints as an individual outside the
administration.
(3)
Give the Town Administrator full responsibility for
discharging his or her disposition and solution.
C.
A member of the Select Board, in her or her relations
with fellow Board members, should:
(1)
Recognize that action at official legal meetings is
binding and that he or she alone cannot bind the Board outside of
such meetings.
(2)
Not make statements or promises of how he or she will
vote on matters that will come before the Board until he or she has
had an opportunity to hear the pros and cons of the issue during a
Board meeting.
(3)
Uphold the intent of executive session and respect
the privileged communication that exists in executive session.
(4)
Make decisions only after all facts on a question
have been presented and discussed.
(5)
Treat with respect the rights of all members of the
Board despite differences of opinion.
The Chairman shall be elected annually at the
first regular meeting following the Annual Town Election. The Board
at any time may remove the Chairman. A majority vote shall constitute
an election. Nominations require no second. The immediate past Chairman
shall preside as Chairman Pro Tem until the Chairman is elected. If
there is no immediate past Chairman, the senior member in terms of
current service shall serve as Chairman Pro Tem. In the case of members
with the same amount of seniority, the member receiving more votes
in the most recent election shall serve. If a vacancy occurs in the
office of Chairman, the Board shall elect a successor. The Board shall
further appoint a Clerk under the same provisions stated for the Chairman.
The Chairman of the Board shall:
A.
Preside at all meetings of the Board. In doing so,
he/she shall maintain order in the meeting room, recognize speakers,
call for votes and preside over the discussion of agenda items.
B.
Sign official documents that require the signature
of the Chairman.
D.
Prepare agendas with the Town Administrator.
E.
Arrange orientation for new members.
F.
Represent the Board at meetings, conferences and other
gatherings unless otherwise determined by the Board or delegated by
the Chairman.
G.
Serve as spokesman of the Board at Town Meetings and
present the Board's position unless otherwise determined by the Board
or delegated by the Chairman.
H.
Make liaison assignments and assign overview responsibilities
for project and tasks to Board members unless otherwise determined
by the Board.
I.
The Chairman shall have the same rights as other members
to offer motions and resolutions, to discuss questions and to vote
thereon.
The Clerk of the Board shall act in the place
of the Chairman during his/her absence at meetings. Should the Chairman
leave office, the Clerk shall assume the duties of Chairman until
the Board elects a new Chairman. The Clerk is to sign approved meeting
minutes.
Regular Board Meetings are held the first and
third Mondays of each month. The Board shall not meet on days designated
legal holidays.
A meeting called for any time other than the
regular meetings shall be known as a "special meeting." The same rules
as those established for regular meetings will apply. Special meetings
may be called provided that a majority of the members agree to meet
and all Board members are notified.
The Board may conduct informal "working sessions"
from time to time as the situation warrants. At such meetings, which
will be posted in accordance with the Open Meeting Law,[1] no official action will be taken. A synopsis of transactions
of informal meetings will be made a part of the minutes of the following
regular meeting.
[1]
Editor's Note: See MGL c. 39, § 23B.
A.
Meetings are to be conducted in accordance with generally
accepted rules of parliamentary procedure and the Open Meeting Law.
It is the practice that application of such procedure is on a relatively
informal basis, due to the size of the group and the desirability
of flexibility in the expression of opinion. Robert's Rules of Order
is used as a guide in matters requiring clarification of definition.
B.
A quorum shall consist of two members of the Board.
As a practical courtesy, action on critical or controversial matters,
the adoption of policy or appointments shall be taken, whenever practicable,
with the full Board is in attendance. Actions and decisions shall
be by motion, second and vote. Split votes will be identified by name.
C.
The Town Administrator is expected to be in attendance
at all meetings of the Board. The Town Administrator shall attend
in order to keep the Board informed and advised and recommend in all
matters that fall within the jurisdiction of his office. He/she shall
carry out the actions of the Board as they relate to the conduct and
administration of Town affairs under his jurisdiction.
If practicable, executive sessions, other than
a few minutes in duration, will be scheduled only at the end of the
open meeting. Only items clearly allowed under the Open Meeting Law
shall be included in executive session. The mover must specify in
the motion to enter executive session the reason the session sought.
A majority of the members present must vote to enter executive session
by roll call vote. The Chairman must state whether or not the Board
will reconvene into open session.
A.
The responsibility for coordinating and planning the
weekly agenda is that of the Town Administrator. Each of the Board
members and the Town Administrator may place items on the agenda.
The Town Administrator, in consultation with the Chairman, shall schedule
a realistic time period for each appointment, interview, conference
or other scheduled item of business.
B.
All items for the agenda must be submitted to the
Town Administrator at least seven days preceding the meeting, or not
later that 4:00 p.m. on the Monday of the week preceding the meeting.
Items of emergency or strictly routine nature that develop after closing
of the agenda may be considered under "other business."
C.
Agenda items shall include:
(1)
Call to order.
(2)
Public comment period.
(3)
Scheduled appearances and public hearings.
(4)
Town Administrator's report.
(5)
Approval of meeting minutes.
(6)
Appointments and resignations.
(7)
Administration, budget, and policy.
(8)
Legal notices and publications.
(9)
Licenses and permits.
(10)
Communications.
(11)
Other business.
(12)
New business.
(13)
Adjournment.
D.
Members of the Board, staff, Town Administrator or
others who prepare background material for the meeting should make
an effort to have such material available for Tuesday afternoon. If
background information is insufficient or complicated or if complex
memos or motions are presented at the meeting which were not in the
Board's meeting packet, any member should feel free to request the
tabling of the item to allow careful study of the material presented
or the motion proposed.
E.
The agenda shall be available to the public and the
press at the Select Board's office the Monday morning prior to the
meeting date and shall be posted at the Town Office bulletin board
that same morning. Copies of the minutes of the previous meeting and
all important correspondence, reports and other pertinent background
materials shall be forwarded with the agenda to Board members.
F.
The Board shall not begin discussion of or act on
an agenda item after 10:00 p.m. of a regularly scheduled meeting.
This rule may be waived by a unanimous vote.
A.
The Executive Assistant shall take written notes during
the meetings and prepare typewritten minutes for the next meeting's
agenda.
B.
Minutes circulated to members of the Board on or before
any Friday shall be in order for approval at the next regular meeting
of the Board. By unanimous consent, minor corrections may be made
to the minutes without advance circulation of such corrections.
C.
Minutes shall contain a full statement of all actions
taken by the Board and of the disposition of all proposals for action.
Approved minutes shall be recorded in a Minutes Book that shall be
bound when filled to capacity. Minutes of Executive Sessions shall
be separately kept and recorded in accordance with the above procedures.
Minutes (other than of executive sessions) are open for public inspection.
A.
The Board makes numerous appointments each year. Appointments
are generally made for one or three years in length. In no case shall
appointments be made for more than three years unless specifically
allowed by Town bylaw or state statute. Appointments generally are
made June 1 of each year. In the case of appointments, no second to
the nomination or motion will be required prior to Board action.
B.
Whenever possible the Board will seek variety in backgrounds,
interests, ages, sex and geographic areas of residents, so that a
true cross section of the community will be reflected. In order to
attract qualified and interested persons, vacancies will be made public
as far in advance of appointment as practicable. Vacancies could be
advertised in the local paper as well as on cable TV. Appointments
should be based on merit and qualifications rather than political
merit.
C.
Nepotism pertaining to service on boards and committees.
Members of an immediate family defined as: spouse, son, daughter,
father, mother, sister, brother, grandmother, grandfather, aunt, uncle,
niece, nephew and the following in-laws: son, daughter, brother, sister,
mother and father shall not serve together on the same board or committee.
D.
The Town Administrator will:
(1)
Provide by March 1 a list of the appointment vacancies
to be filled by the Board.
(2)
Notify the chairman of the appropriate board or committee
requesting recommendations regarding reappointment or the filling
of vacancies.
(3)
Notify incumbents and request their statements of
availability regarding reappointment.
E.
All candidates seeking appointment for the first time
to a position shall submit a short written statement or resume. This
statement/resume shall be included in the Board agenda packet mailed
in advance of the meeting. The Board may consider reappointments to
positions at their pleasure. A statement/resume will only be requested
from a candidate seeking reappointment by specific request of a member
of the Board.
F.
The Board will interview candidates seeking an appointment
for the first time to the following positions as well as all elected
positions being filled due to a vacancy:
G.
Notice of candidates being interviewed shall be included
in the agenda mailed to the Board. The Board may request that candidates
for a position not listed above be interviewed. Those candidates not
being interviewed will be considered upon receipt of a resume/statement.
H.
Appointments will normally be made only when all members
of the Select Board are present. Appointments will be made by a majority
vote of the Select Board.
A.
The Board may appoint standing or ad hoc advisory
committees to aid on matters under the Board's jurisdiction. The use
of such advisory committees provides greater expertise and more widespread
citizen participation in the operation of government.
B.
Charges to advisory committees shall be in writing
and shall include the work to be undertaken, the time in which it
is to be accomplished and the procedures for reporting to the Select
Board. Each committee must report in writing at least annually to
the Select Board. The Select Board's office shall be sent copies of
all committee agendas and minutes. The Board will discharge committees
upon the completion of their work. In addition, each committee shall
be provided with a Committee Handbook addressing issues such as conduct
and law.
C.
The charges and membership of standing advisory committees
shall be reviewed periodically, at least annually, to assess the necessity
and desirability of continuing the committee. Reappointments will
be based on an evaluation of the member's contribution, the desirability
of widespread citizen involvement and the changing needs of the committee
and the Town.
D.
It is the policy of the Select Board to appoint qualified
citizens representing all sections of the Town to all such advisory
committees. The Board will normally appoint no individual to more
than one standing advisory committee at any one time.
E.
In order to attract qualified and interested persons,
vacancies will be made public as far in advance of an appointment
as practicable.
A.
The Select Board is aware that coordination and cooperation
is needed among the Town's major boards, committees and commissions
not only in the day-to-day operations of government but also to:
B.
Therefore, as the executive board historically responsible
for the overall leadership and coordination of Town affairs, the Select
Board will:
(1)
Regularly schedule meetings with the chairmen of major boards and committees to carry out functions listed in Subsection A(1) through (3) above. One meeting, shall, if possible, be held between the Annual Election and the start of Town Meeting for the purpose of reviewing the Warrant and expediting Town Meeting.
(2)
Schedule periodic meetings of the Select Board, Finance
Committee and School Committee with Lancaster's State Legislators
to discuss legislative issues that affect the Town.
(3)
The Town Administrator is responsible for interoffice
communication in the day-to-day operations of government. The Town
Administrator shall develop a process for exchange of information
and the provision for advise and recommendations among the boards,
committees and commissions with common interest, which shall include
but not be limited to the exchange of minutes, the establishment of
a central repository for data, studies and reports and the appointment
of members or staff of boards, committees or commissions as liaison
with one another around common projects.
(4)
Appoint certain members of the Select Board to act
in the liaison role defined above.
The Board recognizes that it represents and
is accountable to all citizens of the Town. It is the Board's policy
to make every effort to strengthen communications with citizens. Measures
will be instituted to increase citizen participation, encourage citizen
input into governmental decisions and to keep citizens informed of
all actions contemplated or taken by the Board and the Town Meeting
that will affect them. To this end the following steps will be taken:
A.
An individual citizen or group of citizens may request
an appointment before the Board by contacting the Town Administrator,
stating precisely the reason for the appearance and the action desired
and naming a spokesman for the group. Participants shall be given
the opportunity to make a reasonable presentation through the spokesman
and to express opinions and ask for pertinent information. Background
data shall be prepared by the boards and departments concerned prior
to the appointment insofar as possible, so that all parties involved
can have a reasonable understanding of the subject matter. Citizens
are encouraged to have written materials submitted for the Board's
meeting packet.
B.
Persons who will be directly affected by proposed
Board discussion and/or action will be notified by the Executive Assistant
of the date and time of meeting at which the matter will be discussed
or acted upon by the Board.
C.
If the Board in considering matters of citizen concern
at a regular meeting, the public will be allowed to ask questions
or make statements relative to the matter under consideration at the
discretion of the Chairman or upon request of any member of the Board.
D.
All citizen questions and complaints are to be answered
promptly. The Chairman shall answer questions and concerns relating
solely to the office of Select Board promptly after consulting with
the Board, or at the discretion of the Chairman, the Town Administrator.
Those needing prompt attention by the Board should be referred to
the Chairman for inclusion in the next meeting agenda.
E.
All other questions and all complaints are to be referred
to the Select Board's office for action or recommendations. In those
instances where common sense dictates that the Board member receiving
the compliant deal directly with a department head, the Board member
shall inform the Town Administrator of the issue and its disposition.
These are to be handled as delineated in Chapter 140, Personnel, of the Code of the Town of Lancaster and policies and procedures. Under Chapter 140, Personnel, the Personnel Board formulates the personnel practices. If employee grievances are brought to the attention of a Board member it shall be Board policy to proceed as follows:
Hearings before the Select Board generally shall
be conducted in accordance with the following procedures. Variations
may be necessary to comply with statutory requirements applicable
to particular matters. The procedure for conducting dog and utility
hearings are hereinafter outlined:
A.
Notice. The Executive Assistant will advertise the
hearing and notify interested persons, such as abutters, as required
by statute or as directed by the Chairman in the absence of statutory
requirements.
C.
The Chairman will announce the nature and purpose
of the hearing, identify the particular matter, and recite the notice
given. Where appropriate, the Chairman will outline the procedure
to be followed. All questions shall be addressed to the Chair.
D.
The order of presentation will be:
(1)
Presentation by proponent.
(2)
Receipt of recommendations from any Town agency or
officer.
(3)
Statements by proponents.
(4)
Statements of opponents.
(5)
Rebuttal statements by proponents and opponents.
(6)
Where appropriate, questions may be asked of any person
making a statement after the statement is finished. Questions will
be accepted first from members of the Board.
E.
The Board may permit persons not desiring to speak
to record themselves as in favor or against the proposal. In the discretion
of the Board a show of hands may be taken.
F.
At the conclusion of the hearing the Board may render
its decision or take the matter under advisement, announcing the intended
date of decision.
A.
Annual Town Meetings. The Town Meeting Warrant is,
by statute, the Select Board's Warrant. The Select Board may insert
articles in the Warrant on its own initiative or by written petition
signed by 10 registered voters for the Annual Town Meeting. The Town
bylaw[1] sets the date of the Annual Town Meeting for the first
Monday in May. The Select Board may, however, schedule the Annual
Town Meeting for any other date allowed by bylaw or Massachusetts
General Law.
B.
Special Town Meetings.
(1)
The Select Board may call a Special Town Meeting when,
in its opinion, public necessity or municipal operations requires
it. The Select Board must call a Special Town Meeting if it receives
a written request, signed by 200 registered voters. It shall be the
practice of the Town of Lancaster to address major issues at the Annual
Town Meeting.
(2)
The Select Board may insert articles in the Warrant
on their own initiative or by written petition signed by 100 registered
voters for Special Town Meeting. The Select Board may also insert
articles in the Warrant upon request of another committee.
(3)
Notwithstanding the above, in the interest of economy
of operations and imposition on the voters the Select Board shall
strive to limit the calling of Special Town Meetings to the minimum
necessary as is otherwise in the Town's best interest. In determining
whether to call a Special Town Meeting, the Select Board may consult
with other Town committees, officials, and staff as appropriate. It
is strongly recommended that the Moderator and Town Clerk be consulted
for each Town Meeting.
