[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
as Art. II, §§ 1 through 5, of the General Bylaws.
Amendments noted where applicable.]
The Town, at its Annual Meeting on the first Monday of May,
shall, in every year when the term of office of any incumbent expires,
and except when other provision is made by statute, choose by official
ballot from its registered voters the following Town offices for the
following terms of office:
A.
A Moderator for the term of three years.
B.
A Town Clerk for the term of three years.
C.
Five Select Board members, each for a term of three years, of which
two shall be elected at an Annual Meeting, two at the next Annual
Meeting, and one at the next Annual Meeting, and thereafter in the
same order.
[Amended 1-30-2023 STM by Art. 1]
D.
Three Assessors, each for the term of three years, of which one shall
be elected at each Annual Meeting.
E.
Five members of the School Committee, each for the term of three
years, of which two shall be elected at an Annual Meeting, two at
the next Annual Meeting and one at the next Annual Meeting, and thereafter
in the same order.
F.
Three members of the Board of Water and Sewer Commissioners, each
for the term of three years, of which one shall be elected at each
Annual Meeting.
G.
Three members of the Board of Health, each for the term of three
years, of which one shall be elected at each Annual Meeting.
H.
Six Trustees of the Public Library, each for the term of three years,
of which two shall be elected at each Annual Meeting.
I.
Five members of the Town Planning Board, each for the term of three
years, of which two shall be elected at an Annual Meeting, two at
the next Annual Meeting, and one at the next Annual Meeting, and thereafter
in the same order.
J.
Four members of the Foxborough Housing Authority, each for the term
of five years and each such term to expire in a different year. A
fifth member shall be appointed by the Secretary, Executive Office
of Communities and Development, for a five-year term which shall expire
in a different year.
This section highlights the powers and duties of elected officers,
but for complete detail, reference must be made to the decisions of
the Supreme Judicial Court and to the General Laws and Special Acts
of the Legislature.
A.
General duties. All Town officers authorized by law to expend money
shall furnish to the Town Accountant and to the Advisory Committee
no later than February 1 or the next closest Friday at 4:00 p.m. of
each year, estimates of the amounts necessary for the proper maintenance
and administration of the several departments under their jurisdiction
for the ensuing year and in such detail as may be required by the
Advisory Committee.
B.
Specific duties.
(1)
The Moderator shall preside at each Town meeting except elections
and shall appoint members of the Advisory Committee and members of
other committees if authorized to do so by vote of the Town.
(2)
The Town Clerk shall record all official businesses of the Town.
S/he shall organize elections and record all votes at such elections.
S/he shall record all motions and votes at Town meetings and notify
the Assessors, the Town Treasurer, and the Accountant of all monies
voted and the provisions for raising same. S/he shall record births,
deaths, and marriages of all residents, wherever the event occurs,
and shall record births, deaths and marriages of nonresidents occurring
in the Town. S/he shall record all security transactions by residents
and shall record all licenses granted by her/himself or by the Select
Board. S/he shall maintain a register of certificates of practice
granted to a resident by any state authority. S/he shall have custody
of all instruments conveying the Town's interest in real estate to
others. S/he shall maintain copies of all plans and lay-outs for streets
and sewers and of all certificates of takings by eminent domain. S/he
shall maintain a road book. S/he shall issue marriage, sporting and
dog licenses to qualified persons. As soon as practicable after each
Town meeting, s/he shall notify in writing all persons appointed to
committees chosen at such meeting, stating the business upon which
they are to act and the names of the persons composing the committee.
[Amended 1-30-2023 STM by Art. 1]
(3)
The Select Board shall have general supervision of all matters and
business of the Town not otherwise specifically delegated by law or
by vote of the Town. They shall prepare the warrant for Town meetings
and shall transmit immediately a copy or copies of the warrant to
the Advisory Committee. They shall have jurisdiction over the Police,
Fire and Highway Departments. They shall have authority as agents
of the Town to institute and prosecute suits in the name of the Town
and to appear and defend suits against the Town. They shall provide
guidance to the Town Manager, who shall prosecute, defend or compromise
all litigation for or against the Town in accordance with the guidance
provided by the Select Board. They shall act as licensing authority
of the Town and shall grant licenses and fix fees within the limits
provided by law. They must approve all bills and payrolls before payment
may be made by the Town Treasurer. Unless otherwise provided by law,
all written instruments conveying any interest of the Town shall be
under the hand and seal of the Select Board. They shall make appointments
to committees chosen at Town meeting unless otherwise provided by
law or by vote of the Town. They shall lay out streets for acceptance
at Town meetings. For purposes of these bylaws, the Select Board shall
assume and retain the status of the formerly designated Board of Selectmen
and shall assume all powers and duties vested in a board of selectmen
by general or special law, home rule charter, these bylaws or other
applicable authority.
[Amended 1-30-2023 STM by Art. 1]
(4)
The Assessors shall function under the supervision of the Department
of Revenue. They shall appraise all property at full, fair, market
value and shall levy property taxes and determine each taxpayer's
share of the total amount required to operate the Town. They shall
maintain and keep current maps showing every parcel of real estate,
its boundaries and owner. Each year, they shall prepare and make available
for public inspection before submission to the Town Collector, a valuation
list setting forth in alphabetical order the name and address of each
person to whom taxes have been assessed, a description of the property,
its assessed valuation, and the dollar amount of taxes.
(5)
The School Committee shall have general jurisdiction of all public
schools. It shall select and contract with teachers, appoint a Superintendent
of Schools, principals, school physicians, school nurses, and such
other agents and employees as may be authorized by law. It shall determine
the school curriculum, vacation periods, summer school, adult education
programs, salary schedules, and other major policy matters.
(6)
The Planning Board shall:
(a)
Make studies and, when necessary, prepare plans of the resources,
possibilities and potentials of the Town, and upon completion shall
submit its recommendations to the Select Board;
[Amended 1-30-2023 STM by Art. 1]
(b)
Report annually to Town Meeting regarding the condition of the
Town and any plans or proposals for its development and cost estimates
for same, and shall furnish a copy of said report to the Massachusetts
Department of Housing and Community Development;
(c)
Make a master or study plan of the Town which shall show the
following plus other pertinent features:
[1]
Public ways and places;
[2]
Bridges;
[3]
Playgrounds, parks, and parkways;
[4]
Sites for public buildings and structures;
[5]
Building and zoning districts;
[6]
Waterways;
[7]
Routes of railroads and buses;
[8]
Utilities; and
After consultation with the bodies politic, shall designate
in the master plan, conservation, rehabilitation, or redevelopment
areas for residential protection, neighborhood improvement, or urban
renewal;
(d)
Administer the Subdivision Control Law and shall adopt reasonable
rules and regulations relative to the subdivision of land subsequent
to a public hearing;
(f)
Appoint an associate member designated by the Chairman to sit on the Board for the purpose of acting on any application in the case of absence, inability to act, or conflict of interest on the part of any regular member of the Board or in the event of a vacancy on the Board. This appointment shall be made by a majority vote of the Select Board and Planning Board, and reappointment shall be considered on a yearly basis thereafter, the provisions of § 35-4 notwithstanding.
[Amended 1-30-2023 STM by Art. 1]
(7)
The Board of Water and Sewer Commissioners shall establish and revise,
as needed, regulations governing the use of water and charges for
such use. The Board shall also establish and revise, as needed, regulations
governing the use of the municipal sewer and charges for such use
in accordance with Chapter 46, Acts of 1986. It shall determine the
size and type of pipe, meters and other necessary water supply and
municipal sewer equipment. It shall hire a superintendent and other
employees to provide an adequate supply of water and to maintain the
water and municipal sewer systems. It shall pay to the Town treasury
all charges and fees collected for the use of water and sewer equipment.
The operating budget of the Water and Sewer Department and any amount
required for capital improvement shall be voted by the Town.
(8)
The Public Library Trustees shall manage and control the public library
building and its contents. They shall hire librarians, and keep open
such hours as they deem the public use requires. They shall purchase
appropriate reading material and documents for public use within the
limits of their annual budget.
Nominations of candidates for each Town office to be filled
at any election shall be made by nomination papers provided by the
Town Clerk and signed in the aggregate by not less than 50 voters
of the Town. They shall be submitted for certification to the Registrars
of Voters by a responsible person, together with the written acceptance
of the candidate thereby nominated, on or before 5:00 in the afternoon
of the 42nd day preceding the election. The Registrars shall file
the nomination papers and their certification with the Town Clerk
on or before 5:00 in the afternoon of the 28th day preceding the election.[1]
[1]
Note: MGL c. 53, §§ 7 and 10, change the dates
to 49 days and 35 days, respectively.
[Amended 5-12-2014 ATM
by Art. 22; 11-15-2021 STM by Art. 13; 1-30-2023 STM by Art. 1]
Except for appointments to the Advisory Committee described in Chapter 5, all officials, boards, committees, and bodies not elected on the official ballot shall be appointed by the Select Board. Such appointments shall include the following terms unless otherwise provided by statute or by vote of the Town:
A.
A Police Chief, a Fire Chief, and a Town Manager, each for such term
as determined by the Select Board in accordance with applicable statutes.
B.
For a term of one year: a Sealer of Weights and Measures; an Animal
Control Officer; an Animal Inspector; a Plumbing Inspector; a Wiring
Inspector; a Gas Inspector; two burial agents; three fence viewers;
Veteran's Agent and Director; and a part-time Youth Recreation Director
to perform appropriate duties assigned by the Select Board.
C.
For a term of three years: a Town Accountant; a local Superintendent
of Shadetree Management and Pest Control; a Building Commissioner;
a Superintendent of Streets; also, three members of the Board of Registrars,
with one member being appointed each year; seven members of the Conservation
Commission, of which two members shall be appointed one year, two
the next year and three the following year, and thereafter in the
same order; five members of the Industrial Development Commission,
of which one member shall be appointed one year, two the next year
and two the following year, and thereafter in the same order.
D.
There shall be a Board of Appeals to consist of three regular members
and two associate members, to be appointed by the Select Board. The
three regular members shall be appointed alternately for terms of
three years so that the term of one regular member shall expire each
year. The associate members shall be appointed for a term of one year.
In case of a vacancy, absence, inability to act, or conflict of interest
on the part of a regular member, his/her place may be taken by an
associate member designated by the chairperson or acting chairperson.
The Board of Appeals shall be governed by and may adopt rules not
inconsistent with the provisions of MGL c. 40A, § 14, and
MGL c. 41, § 81Z.
E.
There shall be a Foxborough Council on Aging and Human Services with
a mission to evaluate, promote, encourage and implement new and existing
activities and services to enhance the quality of life for the residents
of all ages in the Town of Foxborough. Said Council shall perform,
without limitation, the functions specified in MGL c. 40, § 8B,
and such other duties necessary to carry out its mission except those
vested by law in some other designated officer or board. Beginning
with fiscal year 2005 (July 1, 2004), the Council shall consist of
nine members, appointed by the Town Select Board, for a term of three
years.
F.
There shall be an Historic Commission consisting of seven citizens
to be appointed by the Select Board to preserve, promote and develop
the historic assets of the Town.
G.
There shall be a five-member Historic District Commission appointed by the Select Board, pursuant to Massachusetts General Laws 40C, as amended and outlined in Chapter 145 of the Foxborough General Bylaws, entitled "Historic Districts."
H.
The Select Board shall establish and appoint a committee to be known
as the "Capital Improvement Planning Committee." Said committee shall
be composed of one member of the Select Board, one member of the Advisory
Committee, one member of the Board of Water/Sewer Commissioners or
their designee, the Town Manager and the School Superintendent or
his designee. The Finance Director shall be an ex-officio committee
staff member without the right to vote. The Town Manager shall serve
as Chairman of the committee.
(1)
The committee shall study proposed capital projects and improvements,
including:
(2)
All officers, boards and committees, including the Select Board and
the School Committee, shall, by December 1 of each year, give to the
committee, on forms prepared by it, information concerning all anticipated
projects requiring Town Meeting action during the ensuing five years.
The committee shall consider the relative need, impact, timing and
cost of these expenditures and the effect each will have on the financial
position of the Town, and shall report the same, either favorably
or unfavorably, to the Select Board. No appropriation shall be voted
for a capital improvement requested by a department, board or commission
unless the proposed capital improvement is first submitted to the
committee as herein provided.
(3)
The committee shall prepare an annual report recommending a capital
improvement budget for the next fiscal year, and a capital improvement
program including recommended capital improvements for the following
five fiscal years. The report shall be submitted to the Select Board
for its consideration and approval. The Board shall submit its approved
capital budget to the Annual Town Meeting for adoption by the Town.
(4)
Such capital improvement program, after its adoption, shall permit
the expenditure on projects included therein of sums from departmental
budgets for surveys, architectural or engineering or other professional
advice; but no such expenditure shall be incurred on projects which
have not been so approved by the Town through the appropriation of
sums in the current year or in prior years, or for preliminary planning
for projects to be undertaken more than five years in the future.
(5)
The committee's report and the Select Board's recommended capital
budget shall be published and made available in a manner consistent
with the distribution of the Advisory Committee report. The committee
shall deposit its original report with the Town Clerk.
I.
There shall be a Permanent Municipal and School Building Committee
to be appointed by the Select Board and consisting of nine citizens,
of which three members shall be appointed for a term of three years,
three members to be appointed for a term of two years, and three members
to be appointed for a term of one year, and thereafter all appointments
to be made for a term of three years. Said committee shall plan future
municipal and school building needs and may engage architectural and
consulting services necessary to issue annual reports or building
plans for Town Meeting action as the needs dictate for future municipal
and school building construction or alterations.
K.
There shall be a Registered Land Surveyor to be appointed by the
Select Board to perform such duties as may be assigned by the Select
Board.
L.
There shall be a Board of Recreation for the purposes outlined in
MGL c. 45, § 14, which shall have the powers outlined in
said section, exercised by a board appointed by the Select Board,
consisting of nine citizens, one of whom shall be a member of the
School Committee and one who shall be a member of the Conservation
Commission, to be appointed as follows:
(1)
Initially, three members to be appointed for a term of one year;
two members to be appointed for terms of two years; and two members
to be appointed for terms of three years; and thereafter, all to be
appointed for terms of three years.
(2)
In addition to the nine regular members, two associate members shall
be appointed to three-year terms by a majority vote of the Select
Board and the Board of Recreation. Such associate members may be designated
by the Chairman to sit on the Board for the purpose of acting on any
application in the case of absence, inability to act, or conflict
of interest on the part of any regular voting member of the Board,
or in the event of a vacancy on the Board.
M.
There shall be a Town Manager appointed by the Select Board to assist
them in the performance of their duties.
(1)
Qualifications. The person appointed shall hold a minimum of a bachelor's
degree from an accredited college or university or equivalent applicable
experience and will have had a minimum of three years' full-time experience
in the area of public administration or its equivalent.
N.
There shall be a Child Sexual Abuse Awareness Committee appointed
by the Select Board, as follows:
(1)
Eligibility, appointment, and tenure.
(a)
There shall be a Child Sexual Abuse Awareness Committee consisting
of seven volunteers. At or immediately after each annual meeting,
the Select Board shall appoint eligible volunteers to the Committee
from the following sectors. The initial appointments shall be:
[1]
One member from the Foxborough Public Schools who shall serve
for an initial term of three years;
[2]
One member from the Foxborough Board of Recreation who shall
serve for an initial term of three years;
[3]
One member from the Foxborough Public Safety who shall serve
for an initial term of three years;
[4]
One member from a Foxborough religious institution who shall
serve for an initial term of two years;
[5]
One member from the Foxborough Council on Aging and Human Services
who shall serve for an initial term of two years;
[6]
One member from a related private educational or social institution
who shall serve for an initial term of one year; and
[7]
One member at large who shall serve for an initial term of one
year.
(b)
Thereafter, each member shall be appointed for a three-year
term.
(c)
In addition, the Select Board shall, at the same time, make
any appointment necessary to fill the unexpired term of any vacated
position in the Committee. Any member may be reappointed after one
term has elapsed since the expiration of their most recent term.
(2)
Powers and duties.
(a)
The members of the Committee shall serve without compensation.
They shall meet to elect officers, appoint subcommittees, and adopt
rules as soon as practicable following each Annual Town Meeting. If
any member is absent from five consecutive meetings, the Committee
may vote that his/her position is vacated.
(b)
The goal and objectives of the Child Sexual Abuse Awareness
Committee are to raise awareness of the prevalence and circumstances
in which children are being sexually abused and promote simple and
effective ways for the public to be aware of risk factors and educate
to reduce the opportunity of abuse in the Town of Foxborough. Every
day adults come in contact with children of all ages and groups in
Foxborough. The Foxborough Child Sexual Abuse Awareness Committee
will provide guidance when adults are interacting with children on
Town property.
(c)
To attain these goals and objectives, the Committee shall gather
information provided by the many public and private groups, agencies
and institutions that disseminate relative information to the prevention
of sexual abuse to children. The Committee shall work with Foxborough's
boards, committees and departments and participate and/or direct meetings
and informational sessions towards accomplishing the published goals
and objectives. The Committee shall act as liaison to public and private
groups that use Town property related to children's activities.
(d)
With these powers and duties, the Child Sexual Abuse Awareness
Committee will work to provide:
[1]
A code of conduct.
[2]
Training of individuals (Town employees and volunteers) and
organizations.
[3]
Protocol for reporting incidents.
[4]
A yearly curriculum to be dispensed for training to organizations,
including but not limited to private schools, churches and youth leagues.
[5]
A written progress report with recommendations to the Select
Board by October 1 each year.
(e)
The Committee shall not adopt any rules, regulations or protocols
hereunder that conflict with any relevant state or federal statutes
and regulations,
A.
Only the below listed elected official shall be compensated for such
service or services provided to the Town, except when compensation
is required by applicable statute. This bylaw shall take effect over
contrary provisions, if any, of other Town bylaws.
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Elected officials authorized to receive compensation:
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Town Clerk
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