Town of Eastham, MA Article IV Select Board and Other Elected Officers

§ C4-1 Select Board.

(a) A board of 5 members shall be elected at-large for 3-year overlapping terms.

(b) No select board member may hold any other elective town office.

(c) Vacancies on the select board shall be filled by special election in accordance with the General Laws if the vacancy occurs 8 months or more before the next scheduled regular election. If the vacancy occurs less than 8 months before the next scheduled regular election, the vacancy similarly may be filled by special election at the discretion of the board.

(d) The select board shall hold meetings no less than 2 times per month, in the evening or, if on a Saturday, during the day.

(e) Each member of the select board shall receive annual compensation and reimbursement for actual and necessary expenses incurred in the performance of their duties of office as provided by General Laws and vote of the town.

§ C4-2 Policy Leadership.

The select board shall serve as the chief executive goal-setting and policy-making agency of the town and as such shall not administer the day-to-day affairs of the town.

§ C4-3 Executive Powers.

(a) Except as otherwise provided by this charter, all executive powers of the town shall be vested in the select board, and it shall have all the powers and duties given to boards of selectmen under the constitution and General Laws and such additional powers and duties as may be authorized by this charter, by-law or town meeting vote.

(b) The select board shall have the power: (i) to issue licenses as authorized by law; (ii) to make all necessary rules and regulations regarding the issuance of such licenses; (iii) to attach conditions and to impose restrictions on any such licenses as it deems to be in the public interest; and (iv) to enforce all laws, rules, regulations and restrictions relating to all such businesses for which it issues licenses.

(c) Members of the select board shall possess no individual authority unless such authority shall have previously been granted by vote of the select board.

(d) The select board shall cause the charter, by-laws, rules and regulations and policies for the government of the town to be enforced and published and shall cause an up-to-date record of all its official acts to be kept.

§ C4-4 Appointment.

(a) The select board shall appoint a town manager. The appointment of the manager shall be at the affirmative vote of at least 4 members of the select board.

(b) The select board shall appoint a town counsel.

(c) The select board shall appoint the board of registrars of voters and election officials.

§ C4-5 Administration.

The responsibility for the administration of the town's business shall be vested in the town manager.

§ C4-6 Prohibitions.

No member of the select board shall serve on any appointed town board established by this charter or by by-law for which the select board is the appointing authority, except when acting in an ex-officio capacity.

§ C4-7 Powers in Intergovernmental Relations.

Members of the select board shall represent the town on regional or intermunicipal committees or may designate a town employee or other person to represent the town.

§ C4-8 Elected Officers and Town Boards.

(a)

(1) There shall be a town moderator elected for a term of 3 years at an annual town election.

(2) The town moderator shall be the presiding officer of town meetings as provided in Article III of this charter, shall regulate its proceedings and shall perform such other duties as may be provided by General Laws, this charter, by-laws or vote of town meeting. The moderator shall appoint 2 members to the Cape Cod regional technical high school district committee, 3 members of the finance committee, 2 members of the search committee, all members of the charter review committee and such members to permanent and temporary committees as the town meeting may vote.

(b)

(1) A town clerk shall be elected for a term of 3 years at an annual town election.

(2) The town clerk shall be the keeper of vital statistics for the town, be the custodian of the town seal and all records of the town, shall administer the oath of office to all town officers, elected and appointed, shall make recommendations to the select board for the appointment of members of the board of registrars and other election officials, shall issue permits and licenses required by law, shall supervise and manage the conduct of elections, shall serve as clerk of town meeting, and shall have all other powers and duties which are given to town clerks by General Laws, this charter, by-law or town meeting vote.

(c) 

There shall be an Eastham elementary school committee consisting of 5 members elected for terms of 3 years each, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year. The Eastham elementary school committee shall have all the powers and duties which are given to school committees by General Laws and it shall have such additional powers and duties as may be authorized by this charter, by by-law or by town meeting vote. The powers of the Eastham elementary school committee shall include, but not be limited to the following:

(i) To make all reasonable rules and regulations consistent with law for the administration and management of the public school system and for the conduct of its business and affairs; and

(ii) To vote on matters associated with the appointment and removal of officers and employees of the school system, including fixing their compensation, defining their duties, making rules regarding their tenure in office and discharging them as may be necessary.

(d) At least 1 representative shall be elected to the Nauset Regional School District committee for a term of 3 years. Any terms shall be arranged so that they will expire in different years.

(e) There shall be a board of library trustees consisting of 5 members, elected for 3-year overlapping terms at an annual election, that shall be responsible for the administration and operation of the public library. The town manager shall appoint the library director upon the recommendation of the board of library trustees.

(f) There shall be a housing authority consisting of 5 members, appointed and elected in accordance with sections 5 and 5A of chapter 121B of the General Laws, 1 of whom shall be appointed under the authority of the commonwealth and 4 of whom shall be elected. All members shall serve 5-year overlapping terms.

§ C4-9 Vacancies in Certain Elected Offices.

(a) If a vacancy occurs in a position on the Eastham elementary school committee, board of library trustees or housing authority, other than the position appointed by the state, the vacancy shall be filled by the select board and the remaining members of the respective body, jointly, from amongst the registered voters of the town following the procedures set forth in section 11 of chapter 41 of the General Laws. The person so appointed shall serve until the next regular election.

(b) If a vacancy occurs in the position of representative to the Nauset Regional School District Committee, the vacancy shall be filled by the select board from amongst the registered voters of the town. The person so appointed shall serve until the next regular election or sooner special election.

(c) In advance of a known temporary absence of the town moderator, the moderator may appoint a person to serve as acting town moderator who shall have and exercise all the powers given to the moderator for that meeting only. If there is a vacancy in the office of town moderator, the vacancy shall be filled at the next regular election. If a town meeting shall be held prior thereto, the select board and the finance committee acting jointly may appoint an acting town moderator who shall exercise all the powers given to the moderator for that meeting only.