(a)
The select board, the school committee, the town moderator and other
multiple member bodies may create and appoint members to any multiple
member body as permitted under this charter, the town bylaws, laws
of the commonwealth or vote of the town meeting, in accordance with
the provisions herein.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(b)
Appointments to any multiple member body shall be drawn from a pool
of volunteer candidates who have submitted applications and qualifications
to the select board or school committee, if the school committee is
the appointing authority, who will maintain a system for identification
of residents willing to serve on any standing or ad hoc multiple member
body. For each appointment made by each appointing authority, the
appointing authority and the multiple member body with the vacancy
shall obtain the applications and qualifications of candidates who
expressed an interest in being appointed to the vacant position. The
appointing authority shall develop and publish its selection criteria,
interview and evaluate prospective candidates at an open meeting and
provide for the record its reasons for the selection and appointment
of the successful candidate. Notwithstanding the foregoing, the moderator
shall not be required to hold a public meeting subject to all open
meeting law requirements, but shall, in the interest of transparency,
conduct his or her interviews in public and provide notice of the
interviews in a manner consistent with public meetings. The appointing
authority shall give written notice of the new appointment to the
town clerk within seven (7) days.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(c)
The requirements of subsection (b) do not preclude the preferential appointment to a regional or state multiple member body of an elected or appointed official or town employee where such elected or appointed official or town employee has traditionally been appointed, or, in the case of a newly constituted regional or state multiple member body is anticipated by virtue of the membership of the multiple member body or the reappointment of an existing member of a multiple member body.
(d)
Any appointed multiple member body may make a recommendation for a candidate being considered under subsection (b) to the appointing authority who shall consider it.
(e)
Should the select board's office fail to supply a list of candidates within thirty (30) days of the date of a request, the appointing authority may make an appointment from those candidates that apply directly to the appointing authority in accordance with subsection (a).
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(f)
All appointed multiple member body members shall be residents of
the town unless otherwise specifically provided in the charter or
the bylaws or required by law.
(a)
Any person holding an appointive or elective office may resign the
office by filing an original letter, not electronic, of resignation
with the town clerk with an electronic or written notification to
the chair of the respective multiple member body. The effective date
of resignation shall be upon receipt by the town clerk unless a time
certain is specified therein when it shall take effect. The town clerk
shall notify the appointing authority within three (3) days of receipt
of a letter of resignation by forwarding a copy of the letter with
date received.
(b)
Members of the multiple member body may, by majority vote, petition
the appointing authority to remove a person in accordance with the
procedures herein.
(c)
Any person appointed to an office or multiple member body may be removed by the appointing authority after a hearing for the following reasons: (1) a violation of the town's Code of Conduct for Elected and Appointed Officials or (2) as otherwise set forth in section 8-3. Where the appointing authority is a body consisting of more than one member, a majority vote by a quorum of the originally constituted appointing authority shall be required for removal.
(d)
Prior to the removal, the appointee shall first have been served
with written notice of the appointing authority's intention and reasons
for rescinding said appointment and the date of the hearing and vote.
The hearing shall be held not less than ten (10) days nor more than
thirty (30) days after the date of the notice. The notice of such
proposed or pending vote shall be delivered by hand or by registered
or certified mail, return receipt requested, to the last known address
of such person.
(e)
Nothing in this section shall be construed as granting a right to
a hearing when a person who has been appointed for a fixed term is
not reappointed when his or her term expires.
(a)
Any person holding an appointive or elective office who has been
convicted of a state or federal felony while holding office or an
appointment shall be deemed to have vacated the office.
(b)
Any person holding an appointive position that requires him or her to be a resident of the town who subsequently moves from the town shall cease to hold the appointed position unless the appointing authority reconfirms the appointment after he or she moves from the town in accordance with subsection (f) of section 8-1.
(c)
If any person appointed as a member of a multiple member body shall fail to attend six (6) consecutive meetings, or one-half (1/2) of all the meetings of such body held over a twelve (12) consecutive month period, the remaining members of the multiple member body may, by majority vote, petition the appointing authority to remove such person in accordance with the procedures established in section 8-2; provided, however, that not less than ten (10) business days prior to the date said vote is scheduled to be taken, the body shall deliver in hand or by registered or certified mail, return receipt requested, to the last known address of such person notice of such proposed or pending vote.
(a)
Whenever a vacancy occurs in an appointed or elective multiple member
body, the remaining members shall notify the town clerk in writing
within thirty (30) days, unless the town clerk has been otherwise
notified. The town clerk, upon notification of such vacancy shall,
within three (3) business days of notification of such vacancy, notify
in writing the designated appointing authority of the vacancy or in
the case of a vacancy in an elective office, the select board . The
appointing authority shall cause public notice of the vacancy or impending
vacancy to be posted on the town bulletin board for not less than
ten (10) days. Such notice shall contain a description of the duties
of the office or position and a listing of necessary or desirable
qualifications for the position.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(c)
If there is a vacancy in an elected office or elected multiple member
body or the school committee, other than the office of the select
board or town moderator, it shall be filled by the select board together
with the remaining members of the appropriate board in accordance
with the General Laws and this section. The select board and the remaining
member or members of such multiple member body shall jointly fill
the vacancy by a roll call vote within forty-five (45) days of the
vacancy. The select board shall give notice of the vacancy fourteen
(14) days before the planned appointment. The vote of a majority of
the officers entitled to vote shall be necessary for this appointment.
No vacancy shall be filled under this section if a regular town election
is to be held within one hundred days following the date the vacancy
is declared to exist, but said vacancy shall be filled at the next
regular town election by the voters. Persons appointed under this
section shall serve until the next annual town election. Persons appointed
under this section who are candidates in the subsequent election shall
not be entitled to have the words "candidate for reelection" printed
with that person's name on the election ballot. The select board shall
give written notice of the new appointment to the town clerk within
seven (7) days.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(d)
When a vacancy or vacancies occur in the membership of the select
board, the select board shall call a special town election within
one hundred and twenty (120) days to fill the vacancy or vacancies
for the unexpired term or terms, except that if such vacancy or vacancies
occur less than one hundred and eighty (180) days prior to the annual
election and not less than three members of the select board remain
in office, the vacancy or vacancies shall remain unfilled until such
annual election.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(e)
If there is a failure to elect or if a vacancy occurs in the office
of town moderator, the town meeting members, at the next session of
any town meeting following such vacancy, by a majority vote of those
present and voting on a motion to elect a particular person as town
moderator, shall fill such vacancy until the next town election. Until
town meeting fills such vacancy the town clerk shall serve as temporary
presiding officer of such body.
(a)
Should an appointing authority other than the select board fail to notify the town clerk that it has filled a vacancy on a multiple member body in accordance with section 8-1 within forty-five (45) days of having been notified in writing by the town clerk of said vacancy, the town clerk shall notify the select board in writing within three (3) days, who shall then become the appointing authority and shall make such appointment within thirty (30) days thereafter in accordance with section 8-1.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(b)
Upon the failure of the select board to fill a vacancy in an appointed position within forty-five (45) days as set forth in subsection (a), the majority of remaining members of the multiple member body shall then become the appointing authority and shall make such appointments within thirty (30) days thereafter in accordance with section 8-1. The appointment shall be made by majority vote of a quorum of the multiple member body as originally constituted. The multiple member body shall give written notice of the new appointment to the town clerk within seven (7) days.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(c)
If a vacancy in an elected office or multiple member body consisting of two (2) or more members is not filled within the required timelines under section 8-4, the vacancy or vacancies shall be filled at the next session of any regular or special town meeting following such failure to fill the vacancy or vacancies, by a majority vote of those present and voting on a motion to elect a particular person or persons to fill the vacancy or vacancies. Persons appointed to fill a vacancy by town meeting shall serve only until the next regular town election, when the office shall be filled by the voters.
