This handbook prints out at about 40 pages. Please use the search command (Alt.E-F) and enter keyword(s) to find way through the document. Their seems to be disagreement in general organization and numbering of these paragraphs, however, the meat of the document is here.
TABLE OF CONTENTS
II Structure of Harwich's Government
III Elected Position
A. Appointments
D. Vacancies on Elected Boards
E. Duties of Boards, Committees, Commissions
I. General Provisions of Harwich Home Rule Charter
VI Meetings
C. Location
E. Agendas
F. Record Keeping (Public Records Law)
H. Recordings
VII Financial Matters and Your Committee
VIII Reporting Procedures and Town Meeting
Appendix:
Reasons for Convening Executive Session
TOWN OF HARWICH
COMMITTEE HANDBOOK
PREFACE
This handbook has been prepared by the Board of Selectmen as an informational aid to assist all Town committees, commissions and boards. It provides a brief description of elected and appointed officials' duties which may be well known to many, but are less familiar to others. Many citizens have served the Town of Harwich in its 300+ years of history. Their contributions of time and consideration of the many issues and problems confronting the Town are greatly appreciated. Through service to the community you will have a unique opportunity to get to know the workings of the Town from an insider's viewpoint. It will be a rewarding and informative experience.
The Selectmen, in carrying out their duties as prescribed by law and by the votes of Town Meeting, expend considerable time and effort to make logical appointments to the various committees of the Town by appointing qualified and interested Harwich residents who are broadly representative of the Town. During your appointment you will be working with many new people who, like yourself, have volunteered to address specific problems and to bring back to the Selectmen or perhaps Town Meeting your recommendation for a course of action or solution that is best for the Town. State statutes outline the powers and duties of many Boards; the Town's Home Rule Charter and General Bylaws adopted by Town Meeting further define work of some boards and committees.
It is important that you remember the good of the Town, present or future, be considered. Secondly, it is most important to remember that you represent the entire Town, not one segment. Single approach solutions to problems are not always what is best for the Town albeit good for your Committee. All plausible solutions need to be explored with many factors in mind. Your decision may have impact on other programs or plans.
The Annual Town Report, Harwich Home Rule Charter and Harwich General Bylaws are excellent sources of information regarding boards and committees. These items are available at the Selectmen's office. In addition, Town Hall staff is a valuable resource and willing to be of assistance.
The Board of Selectmen wishes to thank you for giving of your time and effort in the improvement of our community and we hope you find this handbook informative and useful.
The acceptance of this Code of Ethics implies a basic understanding of it as it relates to the laws of the Commonwealth of Massachusetts, the Charter, General Bylaws and administrative code of the Town.
The oath of office binds individual members to adherence to those state laws that apply to all areas of municipal government that comes under this jurisdiction.
This code of ethics delineates these areas of responsibility to all members of Boards, Committees and Commissions whether elected or appointed "Regular" or "Special Municipal Employees" as defined under Massachusetts General Laws, Chapter 268A (see
listing at the back of this pamphlet).
1. Community Responsibility IX. COMMUNITY RESPONSIBILITY. A. Realize that his/her basic function is to make policy, not administer it, unless otherwise empowered by the laws of the Commonwealth or the Harwich Home Rule Charter.
B. Realize that he/she is one of a team and should abide by, and carry out, all board decisions once they are made.
C. Be well informed concerning the duties of a board member on both local and state levels.
D. Remember that he/she represents the entire community at all times.
E. Accept the appointment as a means of unselfish service, not benefit personally or politically from his/her board activities.
F. In making all decisions relative to individual appointments, he or she shall avoid political patronage by judging all candidates on merit, experience and qualifications only.
G. Before any vote, he/she shall refuse (shall not) vote on any matter involving an immediate family member (spouse, mother, father, sister, brother) in which he/she has a financial interest.
IX. RESPONSIBILITY TO MUNICIPAL ADMINISTRATION. A. Endeavor to establish sound, clearly defined policies that will direct and support the administration for the benefit of the people in the community.
B. Recognize and support the administrative chain of command and refuse to act on complaints as an individual outside the administration.
C. Give the Town Administrator full responsibility for discharging his/her disposition and solution. Therefore, all Boards, Commissions and Committees shall:
1. Direct all problems or conflicts which cannot be solved in-house to the attention of the Town Administrator. IX. RELATIONSHIP TO OTHER BOARD, COMMISSION OR COMMITTEE MEMBERS. A. Recognize that action at official legal meeting is binding and that he/she along cannot bind the board outside of such meeting.
B. Not make statements or promises of how he/she will vote on matters that come before the Board until he/she has had an opportunity to hear the pros and cons of the issue during a board meeting.
C. Uphold the intent of Executive Session and respect the privileged communication that exists in Executive Session.
D. Make decisions only after all facts on a question have been presented and discussed.
E. Treat with respect the rights of all members of the board, despite differences of opinion.
IX. PROHIBITED CONDUCT. A. Not accept other employment, which will impair his/her independence of judgement in the exercise of his/her official duties.
B. Not accept employment or engage in any business or professional activity which will require him/her to disclose confidential information which he/she has gained by reason of his/her official position or authority.
C. Not improperly disclose confidential information acquired by him/her in the course of his/her official duties not use such information to further his/her personal interests.
D. Not use or attempt to use his/her official position to secure unwarranted privileges or exemptions for himself/herself or others.
E. Not by his/her conduct give reasonable basis for the impression that any person can improperly influence him/her or unduly enjoy his/her favor in the performance of his/her official duties, or that he/she is unduly affected by the kinship, rank, position or influence of any party or person.
F. Not pursue a course of conduct which will raise suspicion among the public that he/she is likely to be engaged in acts that are in violation of his/her trust.
G. Not be influenced in his/her performance of any official act or any act within his/her official responsibility.
H. Not be influenced to commit, or aid in committing or to collude in, or allow any fraud, or make opportunity for the commission of any fraud on the Commonwealth or on a state, county or municipal agency.
I. Not be induced to do or omit to do any acts in violation of his/her official duty.
Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person or any other person as a witness upon a trial, or other proceedings before any court, any committee of either house or both houses of the general court, or any agency, commission or officer authorized by the laws of the Commonwealth to hear evidence or take testimony, or with intent to influence such witness to absent himself/herself therefrom; or
Whoever, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself/herself or for any other person or entity in return for influence upon the testimony or under oath or affirmation of himself/herself or any other person as a witness upon any such trial, hearing or other proceeding, or in return for the absence of himself/herself or any other person therefrom; shall be punished by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than two and one half years, or by both such fine and imprisonment in a jail or house of correction; and in the event of final conviction shall be incapable of holding any officer of honor, trust or profit under the Commonwealth or under any state, county or municipal agency.
III. ELECTED POSITIONS
Selectmen - (5 members; 3 year term) - are the Executive Officers of the Town, set policy, authorize payment of bills, appoint Town Administrator, Town Counsel, Accountant, Constables, Election Officers, Fire Chief, Police Chief, Registrars and most of the Town Committees. Also act as Local Licensing Agents.
Town Clerk - 1; 3 year term) - records all votes passed at Town Meetings. Administers oath of office to all Town officers who apply to be sworn in. Is the official record keeper of the Town. Keeps track of all births, deaths and marriages. Issues certain licenses including marriage licenses, sporting licenses for hunting, fishing, trapping, as well as dog licenses. Provides figures from Town Meeting votes to enable Assessors to set the tax rate. Serves as Principal Election Officer.
Water Commissioners - (3 members; 3 year term) - oversee the Town's water supply.
School Committee - (5 members; 3 year term) - administers all school related budgets, education and personnel matters of the school system.
Library Trustees - (7 members; 3 year term) - oversee library functions, personnel, programs and purchases.
Moderator - (1; 3 year term) - presides over Town Meeting and is responsible for its conduct, appoints Finance Committee Members, Trustees Caleb Chase Trust Fund, Field Drivers and Fence Viewers, Surveyor of Wood and Lumber and Cape Cod Regional Technical High School District Committee Members.
Housing Authority - (5 members: 4 by Town; 5 year term, 1 State Appointee) - formulates methods of providing rental units for low or moderate-income families.
Barnstable County Assembly of Delegates Representative - The Assembly of Delegates is the County's legislative body, the equivalent on the County level of the Town Meeting. Delegates are elected for two-year terms at the State elections in November; their votes are weighted in accordance with the population of the Town as recorded by the 1990 Census.
Town Administrator - is the Chief Administrative Officer of the Town and is responsible for administering and coordinating all employees, activities and departments placed by general law, Harwich Home Rule Charter or bylaw under the control of the Board of Selectmen and of the Town Administrator. Assembles, prepares and presents annual operating budget of the Town. Is Chief Procurement Officer for the Town. Negotiates collective bargaining contracts. Develops, keeps and updates inventory of Town property.
Council on Aging - (9 members; 3 year term) - duties are carried out in cooperation with programs of the Commission on Aging, established under Massachusetts General Laws.
Responsibilities include identifying needs of the older people along with the available resources within the community, educating the community at large in the problems of aging and the needs of its older citizens, design, promote and put in place services that are needed and to coordinate the efforts of agencies, which serve older people.
Board of Appeals - (5 regular members, 5 alternate members; 3 year term) - considers applications seeking relief from the requirements of the Harwich Protective (Zoning) Bylaw. Powers and duties are outlined in Mass. General Laws, Chapter 40A.
Architectural Advisory Committee - (7 members; 3 year term) - reviews all plans, including site plans, and detailed building plans for all commercial buildings; all multi-family dwellings containing more than 2 dwelling units and all plans for commercial signs. Makes recommendations as to suggested changes and alternatives in said plans to the Building Inspector and to the applicant for building or sign permits.
Board of Assessors - (3 members; 3 year term) - keeps assessed values of properties current, sets tax rate, abates taxes in appropriate circumstances and supplies tax data to the Tax Collector. Assessors are required by State law to pass two one-week assessing courses and are given at the University of Massachusetts (Amherst) each August, or are offered (usually off-Cape) as day/night courses. The Board must have at least two certified Assessors to set the tax rate. A knowledge of, or interest in, municipal finance is helpful in understanding and setting the tax rate to conform to "Proposition 2 ½".
Bikeways Committee - (7 members; 1 year term) - The Bikeways Committee shall, with the approval of the Board of Selectmen, study the needs for Town sponsored bikeways and shall investigate the location, design, cost and modes of funding of such bikeways and associated facilities. The Bikeways Committee shall have authority to deal with any governmental agency by preparing and submitting such plans and other information as it may deem necessary or as approved by the Board of Selectmen to obtain assistance and funding, and shall have authority to enter into agreement with a governmental agency or individual as may assist its purposes, including the development, maintenance and improvement of bikeways, except that no such agreement shall require an expenditure of funds in excess of sums appropriated by the Town, which does hereby vote to raise and appropriate or appropriate from available funds, a sum of money to be used for such purpose, or to take any other action in this matter. Further, the Bikeways Committee will undertake such related duties and projects as necessary which are consistent with the Town of Harwich Comprehensive Plan as it relates to bicycles for both recreation and transportation, including, but not limited to, bike lanes, routes and trails throughout Harwich, whether dedicated or shared. Bicycle education and safety will also be an appropriate area of concern.
Brooks Academy Museum Commission - (5 members; 1 year term) - This commission is charged with the responsibility of maintaining the Brooks Academy building, promoting and preserving the history of the Town within and on the grounds surrounding the building.
Building Code Board of Appeals - (5 members; 4 year term) - hears and decides appeals pertaining to the Building Inspector's actions in administering the provisions contained in the State Building Code, Section 126-8, Town Bylaws, variances or hardships.
Bylaw/Charter Review Committee - (5 members; 3 year term) - reviews the general bylaws of the Town and submits proposed revisions to the Town Meeting, at least once in every five (5) years.
Cablevision Advisory Committee - (5 members; 1 year term) - Reviews cablevision matters, including rate adjustments and advises Selectmen on proper course of action on cable licensing and regulations.
Caleb Chase Fund (3 members; 3 year term) - This Committee appointed by the Moderator. Oversees income/interest on funds bequeathed to the Town by the late Caleb Chase to be used for the support of the poor.
Capital Outlay Committee - (7 members; 3 year term) - assists the Town Administrator in the development of the capital outlay plan and budget for presentation to the Board of Selectmen.
Cemetery Commission - (3 members; 3 year term) - oversees the long-term acquisition, development and management of the 17 Town-owned cemeteries.
Channel 18 Advisory Committee - (5 members; 3 year term) - oversees funding access and prioritizes expenditures when funding becomes available through cablevision contract, grants or Town funds.
Conservation Commission - (7 members; 3 year term) - has jurisdiction over any activity within 100 feet of wetlands or 200 feet from perennial streams. When reviewing applications, the Commission has nine criteria to consider under Massachusetts Wetland Protection Act, G.L.c131, s 40 and/or Rivers Protection Act as listed:
1. Public Water Supply Constables - (3 members; 3 year term) - Serves only the Town of Harwich. Does not serve summons, personal service or capias. Duties with the Town are only to post warrants for all Annual and Special Town Meetings and other legal notices as required by statute and/or by the Board of Selectmen. Serve as fence viewers as appointed by the Moderator.
Community Center Facilities Committee - (5 members; terms indefinite) - responsibilities include development, implementation and oversight of policies and procedures for the use of the shared areas of the Community Center and for the general operation and maintenance of the building and grounds, development of
recommendations to the Board of Selectmen and Town Administrator with respect to related staffing needs; development of an annual budget for the maintenance and operation of the facility and such other responsibilities relative to the use and maintenance of the facility as the Board of Selectmen may from time to time direct or charge.
Cultural Council - (at least 5 members - no more than 22; 2 year term) - members shall serve no more than 3 consecutive terms; after 6 years of service may serve in an advisory capacity only, and no longer has voting rights. The council distributes funds allocated to the Town from the State Lottery through the Massachusetts Cultural Council. The objectives of the Harwich Cultural Council are to: (1) Support and promote local cultural resources; (2) Encourage creative efforts in the arts, humanities, and interpretive science by individuals, organizations, and public agencies; (3) Involve as many citizens as possible in cultural activities.
Designer Selection Review Committee - (3 members; 1 year term) - selects finalists to perform design services for public building projects in Town, including building construction, renovations, alterations, and building repairs where the estimated cost of construction exceeds $10,000. Design services include preparation of studies, plans, construction drawings and specifications, estimates and contract administration.
Disability Rights Committee - (7 members; 3 year term) - promotes the Town's ability to provide services and programs that will be accessible to all members and visitors of the community. Offers advice to administration, various departments, commissions and committees of the requirements of accessibility laws. Strives to offer practical approaches to provide accessible Town services and programs within the scope of the law (Federal, State and Local), and availability of funds.
Finance Committee - (9 members; 3 year term) - Appointed by the Moderator. The purpose of this Committee is to review all Town expenditures and to act as an advocate for taxpayers of the Town.
Town Forest Committee - (2 members; 3 year term) - oversees the care and management of Holmes Forest.
Golf Commission - (7 members; 3 year term) - has full power and responsibility for the construction, maintenance and operation of the Municipal Golf Course.
Great Sand Lakes Task Force - (5 members; term indefinite) - The purpose of the Committee is to identify factors that are contributing to poor water quality; exploring possible solutions to these problems; making recommendations to the Board of Selectmen and Board of Health; and finding other areas in Town where these solutions might also work.
Board of Health - (5 members; 3 year term) - is given wide authority and responsibility under Massachusetts Law for the "health and welfare" of citizens and community. The Board of Health has a small staff headed by a Health Director that attends to day to day affairs of the Department of Health. The Department of Health also includes the
Town Nurse and Sealer of Weights and Measures. The Board of Health is also responsible for food service permits, septic system permits, landfill policy and fees, as well as beach and shellfish water quality testing. The Board of Health sponsors public health seminars on a wide variety of subjects; cooperates with the Animal Control Officer with respect to animal rabies and other public officials with respect to other public health issues; oversees the Recycling Committee and the Marine Water Quality Committee and interfaces with the Conservation Commission and the Planning Department/Board. Board of Health members spend not less than 200 man-hours a year in connection with their service and bring a wide variety of experience and background.
Herring River Watershed Study Committee - (7 members; 3 year term) - Responsible for evaluating and implementing the management needs of this important resource and making recommendations to the Board of Selectmen regarding the future needs of the watershed. The Committee shall review previous studies, seek public input and develop a comprehensive list of issues and concerns regarding the watershed.
Historical Commission - (7 regular members; 3 year term) - powers and duties established under MGL C40, S8D. Responsible for the preservation, protection and development of the historical or archeological assets of the Town.
Historic District Commission - (7 regular members, 2 associate members; 3 year term) - powers and duties established under MGL C40C and amendments thereto. See Town Bylaws for further details.
Human Services Advisory Committee - (7 members; 3 year term) - This Committee is charged with considering the merits of requests from Human Service Agencies in order to determine which requests and what amounts of funds will be presented to Town Meeting for consideration. The recommendations of the Committee will be submitted to the Board of Selectmen as an omnibus article each year. The Committee will meet with the Town Administrator, Board of Selectmen and Finance Committee as necessary to review their recommendations in the same manner as a department head. All Human Service budgetary requests are referred to the Human Services Advisory Committee to be reviewed in this way. The committee may also (1) be requested by the Board of Selectmen to develop or oversee the development of a needs assessment for human services in Harwich; (2) develop contracts with the Board of Selectmen for particular services with participating agencies on a unit cost, or other basis; (3) monitor the delivery of services contracted through documentation, site visits, interview or other appropriate means to establish service quality and quantity and, (4) be requested by the Board of Selectmen to review and advise them on human services issues.
Insurance Committee - (5 members; 1 year term) - serves in an advisory capacity to the Board of Selectmen and Town Administrator in the matter of insurance coverage and insurance policies for the Town.
Local Partnership for Economic Development - (7 members; 1 year term) - The purpose of the Local Partnership Program is to help communities that are eligible under new State legislation as Economic Target Areas gain a better understanding of their local economy and develop more effective strategies and projects for economic development.
Planning Board - (9 regular members, 2 alternate members; 3 year term) - draws up zoning bylaws, holds hearings on bylaws, responsible for Master Plan, approves subdivision plans. The Alternate Planning Board members are appointed to serve on special permit applications under consideration by the Planning Board on an as needed basis. The need arises when one or more regular board member is absent or cannot act on an application due to conflict of interest. The purpose of alternate members is to provide fair hearings to special permit applicants whose petitions, by statute, must receive at least 6 affirmative votes (2/3 majority of the board) in order to be approved. If the Planning Board's full complement of 9 regular members are absent, then the applicant would face tougher odds in getting approval. the use of alternate members helps to maintain the full complement of Planning Board members. Alternate members are not expected to attend regular or special meetings of the Planning Board unless they have been called to fill a temporary vacancy on a specific night.
Real Estate, Open Space & Land Bank Committee - (9 members; 3 year term) - This committee is charged to: 1) review the Harwich Master Plan with respect to land-related issues as they apply to future needs identified in the plan; 2) review and update currently existing inventories of Town-owned land; 3) survey the various Town departments, including the Board of Selectmen as to what, if any, currently owned Town property might be suitable for their purposes or what other properties they might feel the town should consider acquiring; 4) identify those parcels of land either not currently owned by the Town or otherwise held for preservation which might be of interest to the Town for conservation, recreation, or other municipal purposes; 5) identify those parcels of land currently owned by the Town which may be of no use or benefit to the Town and which might be suitable for sale in order to generate funds for the purchase of more suitable property; 6) address such other land related issues as may be identified and requested by the Board of Selectmen; 7) periodically update the Board of Selectmen as to its findings and recommendations in a timely manner as to allow adequate time for consideration of possible articles for the upcoming Annual Town Meeting.
Recreation and Youth Commission - The Commission shall develop and carry out programs designed to meet the opportunities, challenges and problems of youth in the Town of Harwich. It shall be responsible for the development of comprehensive, year-round, indoor and outdoor recreation programs and policies including management of beach and pond activities and properties. Such policies and programs shall be designed to meet the recreational needs of children, youth, adults and the elderly.
Recycling Committee - (7 members; 3 year term) - Serves as an advisory committee to the Board of Health. This Committee shall concentrate on recyclables and develop strengths and weaknesses of items in today's market. The Committee's purpose is not to become involved in the daily operation of the landfill or transfer facility, although some familiarity by the Committee at the start will be necessary to enhance initial study efforts. The Committee's concentrated effort is to focus on the implementation of a recycling plan, which will have a positive impact on our environment and will establish a cost-effective program, which will help to reduce the waste stream in our community. Studies by the Committee must include discussion and interaction with other responsible Town officials such as the Director of Highways & Maintenance, the Town Administrator and
the Board of Health. Inquiries regarding the operation of the landfill and its facilities will be directed to the Director of Highways & Maintenance; any issues regarding policy should be directed to the Board of Health.
Registrar of Voters - (3 members; 3 year term) - responsible for the maintenance of the Town Register of Voters. Oversees the Annual Town Census. Certifies petitions, nomination papers, and sundry other papers to determine that the names signed are those of registered voters at the listed address. Prepares the required by-products of various listings for use throughout the Town, i.e.: voter lists and street listings.
School Building Committee - This Committee shall have general supervision over study, design and construction of renovations and additions to the Elementary and High Schools. The Committee shall make recommendations to the Board of Selectmen and School Committee concerning its Capital Plan needs and assist in gathering information and developing recommendations to modify or update school facilities. In connection with the Committee's work on developing a plan for construction/renovation, State reimbursement shall be thoroughly investigated and, where feasible, the plan will be developed to conform to available funding source requirements so as to produce the most cost-effective facilities.
Shellfish and Marine Quality Committee - (7 members; 3 year term) - Serves as an advisory committee to the Board of Health. This Committee shall investigate water quality in Harwich as it relates to shellfishing; identify pertinent problems; determine and promote steps to mitigate such problems; explore ways to increase shellfishing potential in Harwich waters.
Tax Collector and Treasurer - (1; 3 year term) - collects all taxes assigned by the Assessors; initiates taking of property for delinquent taxes; administers all financial matters including investments; receives receipts and administers payroll.
Technology Committee - (5 members; 3 year term) - The purpose of this Committee is to evaluate and update the needs and benefits of computers and other technologies in various Town departments. Develop a technology plan, which will look forward at least five years and include a cost/benefit analysis of technology applications.
Town-Wide Water Quality Management Task Force - (9 members; 3 members from the community at large; 2 members from the Board of Health or their designees; 2 members from the Planning Board or their designees; 1 member from the Conservation Commission or their designee; 1 member from the Board of Water Commissioners or their designee; term indefinite) - The responsibilities of this committee will include: clearly defining the water quality problem; identifying and defining levels of acceptable water quality; identifying and characterizing all potential sources of water quality infringement in each watershed; determining the impact of future growth and development on water quality consistent with the Local Comprehensive Plan (Master Plan) if no action is taken; developing a comprehensive data base for water quality management; identify solutions/remedies; developing cost benefit analysis for solutions; developing educational materials regarding water quality for use by the general public; developing a clear, concise set of goals and objectives for water quality management;
develop a Town-Wide Water Quality Management Plan based on public input including an action plan, timetable, relevant cost estimates and approaches to funding.
Treasure Chest Volunteer Committee - (unlimited number; 1 year term) - The purpose of this Committee is to facilitate the orderly drop-off and pick-up of donated usable items in designated areas of the Town Recycling Center.
Traffic Safety Committee - (7 members; 1 year term) - works towards achieving goal 7.1.1 of the Harwich Local Comprehensive Plan to "develop a transportation plan in Harwich for present and year-round needs which promotes safe, convenient, accessible, and economical transportation consistent with the Town's recreational needs and its historic, scenic and natural resources". The TSC shall also play an active role in the implementation of its planning recommendations.
Utility & Energy Conservation Commission - (5 members; 3 year term) - To represent the Town on Cape Light Compact activities; review/recommend energy conservation measures for Town facilities; review monthly utility bills and develop a data base relative to consumption and cost.
Voter Information Committee - (unlimited number; term indefinite) - The purpose of this Committee is to inform and prepare the voters of our community on the important issues to be addressed at the Annual and Special Town Meetings and Special Elections and to encourage voter registration and participation.
Waterways Commission - (7 members; 3 year term) - studies the operation of the Town's harbors and waterways for the purpose of recommending the implementation of policy, management procedures, revenue generating proposals, maintenance programs and general improvements. Areas of investigation include, but are not limited to planned replacement of equipment and structures at harbors; policy for commercial fishing vessels, fee payment and handling of over-due dockage and off-loading permits; slip fees; mooring regulations; alternative boat ramp access and dredging.
If further information is desired, contact the individual Board, Committee or Commission. A listing of all Committees, Commissions and Boards and names of all Committee members, including the Chairman of each Committee, is on file in the Selectmen's Office.
V. COMMITTEE MEMBERSHIP
A. APPOINTMENTS B. DURATION OF APPOINTMENTS C. REAPPOINTMENT D. VACANCIES ON ELECTED BOARDS E. DUTIES OF BOARDS, COMMITTEES, COMMISSIONS F. COMMITTEE LEADERSHIP G. ADOPTION OF RULES AND REGULATIONS H. RESIGNATIONS/NON-ATTENDANCE AT MEETINGS I. GENERAL PROVISIONS OF HARWICH HOME RULE CHARTER,
CHAPTER 7, SECTION 2, WHICH APPLY TO ALL APPOINTED
BOARDS
1. Multi-member bodies established by this charter shall possess and exercise all powers given to them under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, bylaw or vote of the Town Meeting.
1. All boards, committees and commissions of the Town shall: (a) organize annually; (b) elect necessary officers; (c) establish a quorum requirement (d) adopt rules of procedure and voting; (e) maintain minutes and records of attendance, copies of which shall be public record and regularly filed with the Town Clerk; and (f) nominate prospective employee (s) of their choice who shall then be considered for appointment by the Town Administrator, as provided in clause 4-4-2.
D. All such boards shall meet with the Board of Selectmen at least once in each year.
1. All such boards shall conduct their meetings in accordance with the open meeting provisions of the open meeting law.
7-2-5 Members of boards established under this charter may receive such
compensation for their services as may be authorized by the Town
Meeting, but during the term for which a member is appointed and for
one year following expiration of such term, no member of any
appointed board shall be eligible to accept any paid position under any
such board.
7-2-6 Any person duly appointed to any such board shall take up the duties
of his/her office immediately.
A. OPEN MEETING LAW B. WHAT IS A MEETING? C. LOCATION D. POSTING OF MEETING NOTICES E. AGENDAS 1. Roll Call or attendance. Agendas should be circulated to all board members well in advance of the meeting (at least two or three days, if possible). It is important to include with the agenda, minutes of the last meeting and any supporting documents or information relating to agenda items.
ROBERTS RULES OF ORDER, NEWLY REVISED, shall prevail in conducting all meetings. Copies are available in local bookstores or may be viewed in the Selectmen's office.
PUBLIC INPUT shall be a part of each business agenda.
F. RECORD KEEPING 1. State law requires that a committee keep accurate records of its public meeting. The committee must vote to accept all minutes. The records of each regular meeting are public information, and chairs or their designees must maintain a copy of all approved minutes for public inspection. In addition, by law, all approved minutes must be filed with the Town Clerk's office and a copy provided to the appointing authority, (Selectmen).
Minutes must include:
- the names of committee members present and absent at the meeting. Minutes should include:
- assignments to committee members. Minutes may include:
- summaries of discussion. 2. Staff Support. Minutes of meetings are usually done by the clerk of the committee. Some committees may have their members take turns taking the minutes so that one member is not overly taxed with the responsibility. We realize that occasionally there are some larger projects or Regulatory Boards that would require outside assistance. A committee should not rely on the Town staff to accomplish minute taking. Some standard office supplies and use of the photocopier may be available. Please check with the Town Administrator's office. Some committees may have a budget and paid employees to do the clerical work. Committees appointed by the Selectmen do not have the power of appointment of personnel. Please contact the Town Administrator on all matters relating to personnel.
3. Public Records Law. The Massachusetts Public Records Law (MGL Chapter 4, Section 7, cl 26) provides right of access to public records, broadly defined to include all documentary materials (except eleven specific exemptions such as personnel and medical files, proposals and bids, and appraisals of property). All minutes, informational data, memoranda and circulating materials of any Town board or committee are usually public information. The committee should consult the Town Administrator's office if questions arise concerning freedom of information.
G. PUBLIC HEARINGS Written notices, the initiation of the hearing, and the written conclusions of a hearing may have strict legal time limitations that vary with the nature of the hearing and the Board. Several procedures are common to all hearings. The chairman or other designated person should run the hearing, and state the guidelines and time allowance if restricted before any testimony is given. All questions should be directed to the chair who, in turn, may ask for a response from the floor. An important aspect of the hearing process is that a decision must be based on the testimony and evidence submitted at the hearing or, if written, entered into the record at the hearing. The decision must be based on facts and cannot be arbitrary. Hearsay and emotions are not evidential.
H. RECORDINGS I. EXECUTIVE SESSION VII. FINANCIAL MATTERS AND YOUR COMMITTEE A. BUDGET B. SUBMISSION AND PAYMENT OF BILLS C. TURNING IN RECEIPTS D. PURCHASES/PUBLIC BIDDING REQUIREMENTS E. CONTRACTS F. FUND RAISING 2. Procedures. All funds received by the committee go into the Town's General Fund and may not be dispersed by the committee on its own without special arrangements. Arrangements can be made through the Town Administrator and Town Treasurer to establish a special fund or gift account for some purposes which allow a committee to retain control of its funds. The Town Administrator should be contacted by the committee for guidelines prior to commencing a special project.
A. APPOINTING AUTHORITY B. PUBLIC INFORMATION MEETINGS C. TOWN MEETING D. ANNUAL TOWN REPORT OCTOBER
1 1st Tuesday Board of Selectmen, after consulting with the Town
Administrator, issues a general policy statement to guide the Town Administrator in developing budget requests for the ensuing year.
NOVEMBER
1 DECEMBER JANUARY
1 1st Friday 2nd Friday 2nd Tuesday 3rd Friday JANUARY & FEBRUARY MARCH During March, Finance Committee conducts hearing on budget and issued written recommendation on warrant/budget.
APRIL MAY JUNE The following list of positions are classified as REGULAR MUNICIPAL EMPLOYEES under G.L. 268A (Conflict of Interest Law) Accountant The following list of positions are classified as SPECIAL MUNICIPAL EMPLOYEES under G.L.268A (Conflict of Interest Law):
Appeals Board Inspectors Voted at a Public Meeting of the Selectmen - June 17, 1986 1. To discuss the reputation, character, physical condition or mental health - rather than professional competence - of an individual. (See Rights of Individuals).
2. To consider the discipline or dismissal of, or to hear complaints or charges brought against a public officer, employee, staff member or individual. (See Rights of Individuals).
3. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government's bargaining or litigating position. Also, to conduct strategy sessions in preparation for negotiations with non-union personnel; to actually conduct collective bargaining and contract negotiations with non-union personnel.
4. To discuss the deployment of security personnel or devices, e.g., a sting operation.
5. To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.
6. To consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body.
7. To comply with the provisions of any general or special law or federal grant-in-aid requirements (generally privacy).
8. To hold an initial screening, (including interviews if they are part of the initial screening process) of candidates for employment if an open meeting would have a detrimental effect in obtaining qualified candidates.
1. The Session must be convened in open meeting and notice given.
2. Chairperson announces the purpose of the Executive Session.
3. Majority must vote in recorded roll call for Executive Session.
4. Chairperson announces whether the meeting will reconvene in open.
5. Votes taken in Executive Session must be recorded roll call votes.
1. When a governmental body wishes to discuss the reputation, discipline or dismissal of an individual, it must notify that person in writing at least 48 hours in advance of meeting.
2. The individual may request that the meeting be held in the open.
3. If an Executive Session is held, the individual has the right to be present during discussion that pertains to him or her, to have counsel or a representative of choice present, and to speak on his or her own behalf.
4. Any individual may tape-record, or videotape from one or more designated locations determined by the governmental body, as long as there is no active interference with the meeting. This right does not apply to Executive Sessions.
Section 23A. "Deliberation", a verbal exchange between a quorum of members of a governmental body attempting to arrive at a decision on any public business within a jurisdiction.
"Emergency", a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
"Executive Session", any meeting of a governmental body which is closed to certain persons for deliberation on certain matters.
"Governmental Body", every board, commission, committee or subcommittee, or any district, city, region or town, however elected, appointed or otherwise constituted, and the governing board of a local housing, redevelopment or similar authority.
"Made Public", when the records of an Executive Session have been approved by the members of the respective governmental body attending such session for release to the public and notice of such approval has been entered in the records of such body.
"Meeting", any corporal convening and deliberation of a governmental body for which a quorum is required in order to make a decision at which any public business or public policy matter over which the governmental body has supervision, control, jurisdiction or advisory power is discussed or considered; but shall not include any on-site inspection of any project or program.
"Quorum", a simple majority of a governmental body unless otherwise defined by constitution, charter, rule or law applicable to such governing body.
Section 23B. No quorum of a governmental body shall meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as provided by this section.
No Executive Session shall be held until the governmental body has first convened in an open session for which notice has been given, a majority of the members have voted to go into Executive Session and the vote of each member is
A Compilation of the Open Meeting Law as amended by Chapter 372 of the Acts of 1978 Recorded on a roll call vote and entered into the minutes, the presiding officer has cited the purpose for an Executive Session, and the presiding officer has stated before the Executive Session if the governmental body will reconvene after the Executive Session.
Nothing except the limitation contained in this section shall be construed to prevent the governmental body from holding an Executive Session after an open meeting has been convened and a recorded vote has been taken to hold an Executive Session. Executive Sessions may be held only for the following purposes:
1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of an individual, provided that the individual involved in such Executive Session has been notified in writing by the governmental body, at least forty-eight (48) hours prior to the proposed Executive Session. Notification may be waived upon agreement of the parties. A governmental body shall hold an open meeting if the individual involved requests that the meeting be open. If an Executive Session is held, such individual shall have the following rights.
a) to be present at such Executive Session during discussions or considerations which involve that individual. 2) To consider the discipline or dismissal of, or to hear complaints or charges brought against a public officer, employee, staff member, or individual, provided that the individual involved in such Executive Session pursuant to this clause has been notified in writing by the governmental body at least forty-eight (48) hours prior to the proposed Executive Session. Notification may be waived upon agreement of the parties. A governmental body shall hold an open meeting if the individual involved requests that the meeting is open. If an Executive Session is held, such individual shall have the following rights:
a) to be present at such Executive Session during discussions or consideration which involve that individual; 3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the governmental body, and to conduct collective bargaining sessions.
4) To discuss the deployment of security personnel or devices.
5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.
6) To consider the purchase, exchange, lease or value of real property, if such discussions may have a detrimental effect on the negotiating position of the governmental body and a person, firm or corporation.
7) To comply with the provisions of any general or special law or federal grant-in-aid requirements.
This section shall not apply to any chance meeting, or a social meeting at which matters relating to official business are discussed so long as no final agreement is reached. No chance meeting or social meeting shall be used in circumvention of the spirit or requirements of this section to discuss or act upon a matter over which the governmental body has supervision, control, jurisdiction, or advisory power.
Except in an emergency, a notice of every meeting of any governmental body shall be filed with the clerk of the city or town in which the body acts, and the notice or a copy thereof shall, at least forty-eight (48) hours, including Saturdays but not Sundays and legal holidays, prior to such meeting be publicly posted in the office of such clerk or on the principal official bulletin board of such city or town. The secretary of a regional school district committee shall be considered to be its clerk and he/she shall file the notice of meetings of the committee with the clerk of each city or town within such district and each such clerk shall post the notice in his/her office or on the principal official bulletin board of the city or town and such secretary shall post such notice in his/her office or on the principal official bulletin board of the district. If the meeting shall be of a regional or district governmental body, the officer calling the meeting shall file the notice thereof with the clerk of each city or town within such region or district, and each such clerk shall post the notice in his/her office or on the principal official bulletin board of the city or town. The notice shall be printed in easily readable type and shall contain the date, time, and place of such meeting. Such filing and posting shall be the responsibility of the officer calling such meeting.
A governmental body shall maintain accurate records of its meetings, setting forth the date, time, place, members present or absent, and action taken at each meeting, including Executive Sessions. The records of each meeting shall become a public record and be available to the public; provided, however, that the records of any Executive Session may remain secret as long as publication may defeat the lawful purposes of the Executive Session, but no longer. All votes taken in Executive Sessions shall be recorded roll call votes and shall become a part of the record of said Executive Sessions.
A meeting of a governmental body may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction except when a meeting is held in Executive Session; provided that in such recording there is not active interference with the conduct of the meeting.
Upon qualification for office following an appointment or election to a governmental body, as defined in this section, the member shall be furnished by the city or town clerk with a copy of this section. Each such member shall sign a written acknowledgement that he/she has been provided with such a copy.
The District Attorney of the County in which the violation occurred shall enforce the provisions of this section.
Upon proof of failure by an governmental body or by any member or officer thereof to carry out any of the provisions for public notice or meeting, for holding open meetings, or for maintaining public records thereof, any Justice of the Supreme Judicial Court or the Superior Court sitting within and for the county in which such governmental body acts shall issue an appropriate order requiring such governmental body or member or officer thereof to carry out such provisions at future meetings. Such order may be sought by complaint of three (3) or more registered voters, by the Attorney General, or by the District Attorney of the County in which the city or town is located. The order or notice on the complaint shall be returnable no later than ten (10) days after the filing thereof, and the complaint shall be heard and determined on the return day or on such day thereafter as the court shall fix, having regard to the speediest possible determination of the cause consistent with respect to any of the matters referred to in this section may be issued at any time on or after the filing of the complaint without notice when such order is necessary to fulfill the purposes of this section. In the hearing of such complaint the burden shall be on the respondent to show by a preponderance of the evidence that the action complained of in such complaint was in accordance with and authorized by Section 11A1/2 of Chapter 30A, by Section 9G or Chapter 34, or by this section. All processes may be issued from the clerk's office in the county in which the action is brought and, except as aforesaid, shall be returnable as the court orders.
Such orders may invalidate any action taken at any meeting at which any provision of this section has been violated, provided that such complaint is filed within twenty-one (21) days of the date when such action is made public.
Any such order may also, when appropriate, require the records of any such meeting to be made public, unless it shall have been determined by such Justice that the maintenance of secrecy with respect to such records is authorized. The remedy created hereby is not exclusive, but shall be in addition to every other available remedy.
The rights of an individual set forth in this section relative to his/her appearance before a meeting in an Executive or Open Session, are in addition to the rights that an individual may have from any other source including, but not limited to, rights under any laws or collective bargaining agreements, and the exercise or non-exercise of the individual rights under this section shall not be construed as a waiver of any rights of the individual.
The compilation of the Open Meeting Law prepared in August 1978 by the Office of The Secretary of State, Public Records Division, Room 1701, One Ashburton Place, Boston, MA 02108; (617) 727-2832.
Notice from The Commonwealth of Massachusetts SUMMARY: This legislation permits a preliminary screening committee or a subcommittee appointed by a governmental body the opportunity to review resumes and interview candidates for employment in Executive Session if an open meeting will have a detrimental effect in obtaining qualified applicants.
GUIDELINE: 1. In the preliminary screening process, interviews with employment candidates and consideration of resumes may be held in Executive Session if an open meeting will detrimentally affect the pool of qualified applicants.
2. Executive Session is not permitted at any further stage of the review process after the preliminary screening.
EXAMPLE: The full school committee, however, in discussing the semi-finalists for the School Superintendent position may not hold an Executive Session.
SUMMARY: Prior to this legislation, open meetings could be recorded only by means of a tape recorder or by any other means of sound reproduction.
GUIDELINE: I. CODE OF ETHICS AND CONDUCT
FOR
MEMBERS OF BOARDS, COMMITTEES & COMMISSIONS
2. Responsibility to Municipal Administration
3. Relationship to other Board Members
4. Prohibited Conduct
A member of any Board, Committee or Commission in relation to his/her community, shall:
A member of any Board, Committee or Commission, in his/her relations with administrative officers of the Town, shall:
2. Direct all legal questions or requests to Town Counsel through the Town Administrator.
3. Direct all questions or concerns to the Town Administrator. Letters may also be addressed to the Board of Selectmen. However, an initial letter to the Town Administrator will expedite any necessary action and will deal most directly with an issue, which needs to be clarified, changed or corrected. Please remember, however, that the Town Administrator and Board of Selectmen do not have control over issues dealing with elected officials or committees/individuals appointed by the Moderator.
A member of any Board, Commission or Committee, in his/her relations with fellow board members, shall:
A member of any Board, Committee or Commission, in accordance with Massachusetts General Law, Chapter 268A, shall:
MASSACHUSETTS GENERAL LAWS, CHAPTER 268A -
CONDUCT OF PUBLIC OFFICIALS (CONFLICT OF INTEREST LAW)
2. Ground Water Supply
3. Storm Damage Prevention
4. Land Containing Shellfish
5. Protection of Wildlife Habitat
6. Private Water Supply
7. Flood control
8. Prevention of Pollution
9. Fisheries
All appointments made by the Board of Selectmen or other elected boards are made by majority vote in a regular open meeting. All appointments must be registered voters in the Town unless otherwise exempted. All Ad-Hoc or Ex-Officio appointments are non-voting members. Section 7-3-1 of the Charter requires all appointed boards, committees and commissions to consist of an odd number of members. Initial appointments by the Board of Selectmen are made from a list of volunteers who have filled out a Citizens Activity Record
Form (see the sample form at the end of this pamphlet) indicating their areas of interest or expertise, kept on file in the Selectmen's Office. Prior to appointment, appointees will be contacted to discuss interests of the individual in serving on a particular committee. Citizens are encouraged to attend meetings of their committee of interest to learn about the committee and its role in the community. Written notification of an appointment is made by the Board of Selectmen. Acknowledgement of acceptance of the appointment should be made. When you receive notification of an appointment, you must contact the Town Clerk to be sworn in. This must be done before taking a seat on the committee and before voting on committee matters.
Depending upon the need, vacancy and/or Town Meeting vote, appointment length varies. Some appointments are made for the duration of a project, some yearly, but the most common term for standing committees are terms of three years.
Reappointment is based on an evaluation by the appointing authority of the citizen's contribution to the committee, the desirability of widespread involvement and the changing needs of the committee and the Town. A committee member is under no obligation to accept reappointment, nor is the appointing authority obligated to offer reappointment.
Vacancies on elected boards are filled in accordance with State statute. If information is needed in this area contact the Town Clerk or Town Administrator for details.
Many committees such as the Conservation Commission, the Historical Commission, Planning Board, Zoning Board of Appeals and Council on Aging, and Board of Health are charged by the applicable laws of the Commonwealth. Upon appointment to one of these Committees, you will be given positions of the applicable law by the Committee Chairman. Duties and responsibilities of other standing or single committees are given elsewhere in the handbook.
Unless otherwise specified by Town Meeting Vote, the Chairman and other (usually Vice Chairman and Clerk) officers of every board, committee or commission are chosen by the voting members of the committee. The name of the Chairman should be made known to the Office of the Selectmen to enhance communication with the group.
Some committees have responsibility for financial recommendations and budgets addressed elsewhere in this handbook. Any questions pertaining to budgets or procurement process should be directed to the Town Administrator.
If appointments are made by another elected board other than the Selectmen, the members' names must also be given to the Selectmen's Office so that all members will be acknowledged in the Annual Town Report.
When a committee is contemplating adopting or amending Rules and Regulations there is a need to advertise and hold a Public Hearing relative to the proposal before adoption. All Rules, Regulations and/or rates; notice of such proposed changes shall be advertised two (2) weeks (14 days) prior to the meeting on the proposed changes. Statute allows some committees to adopt Rules, Regulations and Fees such as the Board of Health, Conservation Commission, Planning Board and Zoning Board of Appeals. Other Committees' Rules, Regulations and Fees must be adopted by the Board of Selectmen. Please refer to Section G, Public Hearings, page 19 & 20, and/or check with the Town Administrator's Office for further details/clarification.
A committee member who is no longer able to serve should resign promptly so that the vacancy may be filled as soon as possible. Any resignation must be submitted in writing to the Committee Chairman, Town Clerk and the Board of Selectmen. Without a formal notification, a vacancy cannot exist and a replacement member cannot be appointed. If a vacancy occurs, the remaining committee may recommend individuals who have demonstrated an interest in the work of the committee for consideration as a replacement member. They will be considered along with others who have expressed an interest and have filed a Citizens Activity Record Form. In accordance with Home Rule Charter section 7-2-7, the unexcused absence, without good cause, of a member from four (4) or more consecutive meetings shall serve to vacate the office. When such a vacancy has been created, it shall be filled within thirty (30) days, in accordance with general law.
VI. MEETINGS
The Massachusetts Open Meeting Law is one of the so-called "Sunshine Laws" enacted throughout the country over the past several years and designed to shed some light on the previously obscure area of government decision making. The law is based on the premise that the public is entitled to see the process of government and not simply its end result. Except on very specific cases spelled out in the law, the public and the press now have the right to attend all meetings of government bodies. Please note the Memoranda at the end of this pamphlet regarding text of the Open Meeting Law, including Executive Sessions, Convening Procedures, Rights of Individuals, and Reasons for Convening.
Basically, a meeting occurs any time a quorum (usually a simple majority) of the members get together and discusses or considers any public business or policy over which the agency has some jurisdiction or advisory power. A quorum shall not meet in private for purposes of deciding or deliberating toward a decision on public business. A meeting must be held in public even if there will be no vote or decision reached. Polling of board members for a decision prior to an Open Meeting of the Board is illegal and in violation of the Open Meeting Law.
Every committee should establish a regular meeting schedule to suit the needs and convenience of the members; however, they must be scheduled for public locations and accessible to the handicapped. Committees are urged to meet in a Town building because meetings in private homes or restaurants may give the appearance of being secret and discourage the public from attending. Space is generally available at Town Hall.
If you wish to schedule a meeting for Town Hall it must be done through the Selectmen's office by calling 430-7513. Some coordination with other boards and committees for space may be necessary.
By law, it is the responsibility of the committee to give notice to the Town Clerk at least forty-eight hours prior to the committee's meeting with time, date and place. All meetings should be posted in compliance with the Open Meeting Law. The Town Clerk is responsible for maintaining a current listing of all posted meetings on the bulletin board at Town Hall.
Meetings which are most productive follow an established order of business. A general order of business might be:
2. Approval of minutes.
3. Correspondence.
4. Scheduled agenda items.
5. Reports of Town officials.
6. Old business.
7. New business.
8. Adjournment.
- the names of others present, if Executive Session.
- date, place, time convened, and time adjourned.
- all agreements reached by vote or consensus.
- mention of topics discussed.
- exact wording of all motions, including who made the motion and
who seconded. Also, the vote of each member and those members
who did not participate in the vote should be recorded.
- names of additional participants (not press or observers)
- schedule of future meetings
Those serving on the Board of Selectmen, Planning Board, Zoning Board of Appeals, Conservation Commission, or the Board of Health, occasionally will be required to hold a public hearing in accordance with Massachusetts General Laws. Hearings are held for the purpose of gathering information from which to draw a conclusion and a decision reached.
Any person may record a meeting (with the exception of Executive Session) with a tape recorder or any other means of sonic reproduction and/or videotape equipment, provided there is not active interference with the conduct of the meeting. The manner in which this right is exercised is subject to the reasonable direction of the chairman.
Deliberations and votes held in private, commonly called Executive Session are allowed only under strict circumstances as outlined in the Open Meeting Law. Executive Sessions may only be held after convening in an open, public session. Executive Sessions are allowed for discussions and negotiations of a land purchase by the Town, pending litigation, union negotiations, deployment of security measures, personnel or equipment, and certain actions of employees.
In general, an individual committee does not have a budget unless one is authorized by Town Meeting or at the time of its formation. If a committee anticipates a need to expend funds, it can request a budget for the next fiscal year through the Town Administrator, or if funds are needed during the fiscal year the Town Administrator should also be contacted. Unless a committee has funds specifically appropriated to it, the committee should not spend or commit to the spending of any funds without first obtaining guidance from the Town Administrator and the Town Accountant.
If your board or committee already has an established budget, prior to November 1, you will receive a budget package from the Town Administrator. The budget package will include directions for filing, time the budget forms must be filed, and other pertinent information. Your committee's annual operating budget form should be filled out and returned to the Town Administrator as instructed in the budget package. Your board or committee will be asked to meet with the Town Administrator, Finance Committee and Board of Selectmen to discuss your budget request before the warrant for the Annual Town Meeting goes to press. These meetings usually take place during the months of January and February. The Finance Committee is required by law to comment on each article in the warrant.
All requests for payment of bills must be given to the Town Accountant on a bill schedule provided by the Accountant and all appropriate receipts must be attached. The bill schedule must be approved and signed by a majority of committee members before the Accountant can process any bill for payment. There are very strict laws for collecting, accounting and expending public money. Any questions regarding expenditures should be directed to the Town Accountant or Town Administrator.
If your board or committee charges a fee for any of your services or programs, that money must be kept in a secure place and then turned over to the Town Treasurer with a duplicate accounting of the receipts given to the Town Accountant. To eliminate security problems and facilitate a positive cash flow, plan to turn in whatever money you have on a weekly basis or sooner if the amount exceeds $100.00. Please keep in mind that unauthorized expenditures of public money for goods or services are illegal.
All purchasing must be done in compliance with Massachusetts Public Procurement Law (MGL C30B). In general, committee expenditures will not be large enough to require formal bidding.
Purchases for amounts less than $1,000.00 do not require formal bids. Good business practices should be followed
Purchases for amounts between $1,000.00 and $10,000.00 require three price quotes and the lowest price accepted. The quotes can either be telephone or written quotes.
Purchases/services repair or construction of buildings estimated to cost in excess of $10,000.00 require formal bidding procedures.
The Town Administrator's office should be contacted for assistance and guidance for all purchasing and bidding.
The Board of Selectmen is required to award all contracts for the Town (excluding School, Water, or Library). Recommendation for award should be made by the Committee and award should be made to the lowest responsible bidder. If necessary, the Town Administrator or his designee can provide detailed information relative to award of contracts.
Background Information. The provisions of MGL Chapter 44, Section 53A enable a Town committee to raise and disburse funds according to specific procedures.
VIII. REPORTING PROCEDURES AND TOWN MEETING
The Town Charter requires that the committee report annually to the Board of Selectmen about the committee's actions, progress and goals. If needed, the committee may also request a meeting with the Selectmen to resolve problems.
The success of a committee's endeavors often depends on effective communication with the public. The committee should hold public meetings and hearings when needed both to inform citizens of work in progress and to gain public reaction and response.
If a relevant article is on the warrant or if the committee's charge specifies a report to Town Meeting, the committee should prepare information for Town Meeting. The committee should make these reports clear, concise and brief, keeping in mind the large number of articles Town Meeting deals with.
A committee may request inclusion of an article in the Town Meeting Warrant by petition to the Selectmen if a majority of the committee consents to the submission. However, if there is a proposed article that might affect another Board, Committee or Commission, the two bodies should meet and be in agreement with the proposed article before submission for inclusion in the Warrant. Articles may be reworded upon advice of Town Counsel. All articles should be submitted in accordance with established deadlines and on proper forms available in the Selectmen's Office. The committee or its chair will be asked to meet with the Town Administrator, Board of Selectmen and Finance Committee prior to Town Meeting to discuss the proposed article. Justification, background information and estimated cost should be submitted with the article when presented. Articles for a Special Town Meeting are to be submitted in the same manner immediately after a Special Town Meeting is called. Early submission of all articles is desired.
All appointed committees should file an annual report of committee activities for the Annual Town Report. The chair or other designated member should detail committee membership, including changes, and a one-to-three paragraph explanation of major accomplishments and future plans of the committee. A request for committee reports is issued each year, but are due in the Selectmen's Office no later than the first Friday in January for inclusion in the Annual Town Report.
IX. ACCESS TO TOWN COUNSEL
Department Heads, Committee Chairmen and/or designees shall have access to Town Counsel for business requiring legal assistance. Request for information from Town Counsel should be cleared with the Town Administrator.
X. GOVERNMENTAL CALENDAR
Massachusetts General Laws, Harwich Home Rule Charter, Harwich By-Laws and tradition are all factors in the fiscal calendar of governmental events in Harwich. The following is a guideline for your committee and its plans.
Town Administrator presents Board of Selectmen with the
current financial assessment of the Town including the latest estimated revenues for the ensuing year.
Capital Outlay Committee submits 5-year capital plan to Town Administrator.
1st Friday All departments, committees, commissions and boards shall submit budget requests for the ensuing year to the Town Administrator.
1st Monday Town Administrator submits Capital Plan to Board of Selectmen/Finance Committee.
Board of Selectmen submit Capital Outlay Plan to Finance Committee.
Yearly departmental reports are due in the Selectmen's Office for inclusion in the Annual Town Report. All reports submitted should be typewritten and ready for printer for publication and distribution at the end of April.
Board of Selectmen and Finance Committee meet jointly on Capital Plan.
Town Administrator submits to Board of Selectmen a comprehensive budget for all Town functions for the ensuing fiscal year and shall submit a budget message.
Deadline for submission of Warrant articles. Submission forms available at the Selectmen's Office. Exact verbiage and estimated cost, if any, should be submitted at this time. All items to be bid must have specifications in Town Administrator's office no later than February 15th to be assured of bid figures for Town Meeting.
Departmental budget hearings with Board of Selectmen and
Finance Committee.
1st Tuesday
Selectmen submit to Finance Committee a budget which has been approved with or without amendments to the Town Administrator's proposed budget.
Last week Annual Town Reports & Warrants available in Town Administrator's Office.
1st week Annual Town Meeting
3rd Tuesday Annual Town Election
Annual appointments for most committees begins.
** Assistant Town Accountant
* Town Administrator
**** Assistant Town Administrator
** Deputy Assessor
** Assistant Assessor
** Building Commissioner
** Assistant Building Commissioner
Clerk Typist
**** Community Center Manager
**** Computer Coordinator
**** Conservation Agent
Council on Aging
** Executive Director
**** Secretary
Disposal Area Personnel, including Gate Keepers/Monitors
Engineer
Engineering Aid II, III
*** Town Land Surveyor
**** Field Appraiser
Fire Department
Chief
** Deputy Chief
Firefighters (permanent)
** Fire Alarm Operators (FAO)
Golf Department
**** Director
Superintendent
Assistant Superintendent
Operations Manager
** Assistant Operations Manager
** Assistant Harbormaster/Natural Resources Director/Shellfish Constable
** Head Clerk
** Health Director
**** Senior Health Inspector
** Highways & Maintenance Department
** Director, DH&M
**** Assistant Director
**** Building & Maintenance Foreman
**** Building & Maintenance Craftsman
Full Time Employees
Junior Clerk Typist
*** Library Director
Librarian
Town Nurse
* Planner/Grantwriter
** Assistant Planner/Grantwriter
Police Department
Chief
Captain
Lieutenant
Dispatchers
Patrolmen
Sergeants
** Secretary
** Records and Information Clerk
** Animal Control Officer/Inspector of Animals
Principal Clerk
** Recreation & Youth Department
** Recreation & Youth Director
** Assistant Recreation & Youth Director
School department
Bookkeeper
Custodian & Other Maintenance Personnel
Lunchroom Personnel
Principal - Elementary School
Secretary to the Principal - Elementary school
Principal - High school
Secretary to the Principal - High School
Superintendent of Schools
Secretary to the Superintendent of Schools
Teachers
Selectmen
Senior Clerk
Tax Collector
** Assistant Tax Collector
Town Clerk
** Assistant Town Clerk
Treasurer
** Assistant Treasurer
Veterans Agent
Water Department
Full Time Employees
Superintendent and Collector
Assistant Superintendent
Secretary to the Superintendent
Voted at a Public Meeting of the Selectmen - June 17, 1986
* Voted at a Public Meeting of the Selectmen - August 11, 1987
** Voted at a Public Meeting of the Selectmen - October 13, 1992 - (Additions & Title Changes)
*** Voted at a Public Meeting of the Selectmen - October 24, 1995 - (Additions & Title Changes)
<**** Voted at a Public Meeting of the Selectmen - October 12, 1999 - (Additions & Title Changes)
Architectural Advisory committee
** Assistant Health Agent (part-time)
**** Barnstable county Assembly of Delegates Representative
*** Bikeways Committee
* Board of Assessors
* Board of Health
** Board Clerk
** Board Secretary
*** Brooks Academy Museum Commission
Building Code Board of Appeals
**** By-Law/Charter Review Committee
*** Cablevision Advisory Board
Caleb Chase Fund Trustees
Capital Outlay Committee
Cemetery Commission
Cemetery Administrator
*** Census Workers/Street Listers
**** Channel 18 Advisory Committee
*** Civil Defense Director
**** Community Center Facilities Committee
Conservation Commission
Constables
Council on Aging
** Outreach Coordinator/Council on Aging
*** Cultural Council
Designer Selection Review Committee
** Disability Rights committee
Election Workers
Finance Committee
Fire Department
Call Firefighters
Call Officers and Drivers
**** Great Sand Lakes Task Force
Golf Commission
Golf Starters
*** Harbor Watchman/Assistant Watchman
Health Inspector
**** Herring River Watershed Study Committee
Historic District Commission
Historical Commission
Housing Authority
*** Human Services Advisory Committee
*** Insurance Committee
Gas, Plumbing, Wiring (Part Time)
Library Trustees
Library Assistant/Page/Substitute
Life Guards/Beach Personnel/Recreation Programs Personnel
*** Local Partnership for Economic Development
Moderator
All Committee Members Appointed by Moderator
Part Time Clerk
Planning Board
**** Pleasant Bay Resource Management Alliance Steering Committee
**** Pleasant Bay Resource Management Alliance Technical Resource Committee
Police Department Special Officers
**** Real Estate and Open Space
*** Recording Secretary
** Recreation & Youth Commission
*** Recycling Committee
Registrar of Voters
*** Route 28 Historic District Study Committee
Sealer of Weights and Measures
School Committee
**** School Building Committee
*** Shellfish and Marine Water Quality Committee
*** Sub-Committee Members
*** Technology Committee
Town Counsel
*** Town Forest Committee
**** Town-Wide Water Quality Management Task Force
*** Traffic Safety Committee
**** Treasure Chest Volunteer Committee
Tree Warden/Insect Pest Control Officer
**** Utility & Energy Conservation Commission
*** Voluntary Shellfish Constables
**** Voter Information Committee
Water Commissioners
Waterways Commission
Weighers of Coal
Zoning By-Law Review Committee
* Voted at a Public Meeting of the Selectmen - August 11, 1987
** Voted at a Public Meeting of the Selectmen - October 13, 1992 - (Additions and Title Changes)
*** Voted at a Public Meeting of the Selectmen - October 24, 1995 - (Additions and Title Changes)
**** Voted at a Public Meeting of the Selectmen - October 12, 1999 - (Additions and Title Changes)
REASONS FOR CONVENING EXECUTIVE SESSION
(M.G.L. CHAPTER 39 S.23B)
PROCEDURES FOR CONVENING
EXECUTIVE SESSION
RIGHTS OF INDIVIDUALS
THE OPEN MEETING LAW
The following terms as used in Sections 23B and 23C shall have the following meanings:
All meetings of a governmental body shall be open to the public and any person shall be permitted to attend any meeting except as otherwise provided by this section.
b) to have counsel or a representative of his/her own choosing present and attending for the purpose of advising said individual and not for the purpose of active participation in said Executive Session; and
c) to speak in his/her own behalf.
b) to have counsel or a representative of his/her own choosing present and attending for the purpose of advising said individual and not for the purpose of active participation; and
c) to speak in his/her own behalf.
Department of Revenue
Division of Local Services
Property Tax Bureau
Harry M. Grossman, Chief (617) 727-4231
Informational Guideline Release No. 87-242
Subject: Open Meeting Law
There have been two recent changes in The Open Meeting Law
I. OPEN MEETING LAW - EXECUTIVE SESSION FOR EMPLOYMENT APPLICANTS
Chapter 694 of the Acts of 1986
(Amending MGL c39§23B)
By this legislation, The Open Meeting Law is further amended to provide an additional (eighth) reason for which a governmental body may hold an Executive Session after an open meeting has been convened.
The position of School Superintendent is vacant. A number of potential candidates seek that their resumes be kept confidential in order not to prejudice relations with current employers. A subcommittee of the local school committee may go into Executive Session for interviews of candidates and discussion of resumes as part of the preliminary screening process.
II. OPEN MEETINGS - USE OF VIDEOTAPE EQUIPMENT
Chapter 159 of the Acts of 1987
(Amending MGL c39§23B)
Another recent amendment to The Open Meeting Law permits meetings of a governmental body, except Executive Sessions, to be recorded by any person in attendance by means of videotape equipment.
With the exception of an Executive Session, a meeting of a governmental body may now be recorded by any person in attendance by means of videotape equipment. The governmental body, however, determines where this equipment may be placed.