HomeMy WebLinkAboutProcedures, Policies and Regulations Manual of the Board of SelectmenPROCEDURES, POLICIES AND
REGULATIONS MANUAL
of the
BOARD OF SELECTMEN
TOWN OF LEXINGTON
2005
LEXINGTON BOARD OF SELECTMEN
PROCEDURES, POLICIES AND REGULATIONS MANUAL
TABLE OF CONTENTS
PROCEDURES 1
I. BOARD OF SELECTMEN 1
A. Authority for Board of Selectmen I
B Election & Qualification I
C. Vacancies on the Board I
D Organization of the Board I
I Responsibilities of the Chairman 2
E. Internal Operation 2
1 Members Interaction 2
2. Standard of Conduct 3
F Selectmen's Expense Reimbursement 3
G. Conflict of Interest 4
H. Ethics 4
1 Purpose and Scope 4
2. Applications 5
11. EMPLOYEES OF TNF BOARD 6
A. Town Manager 6
1 Appointment 6
2. Powers and Duties 6
B. Town Comptroller 6
1 Appointment 6
2. Powers and Duties 7
C. Town Counsel 7
1 Appointment 7
2. Powers and Duties 7
D Executive Clerk and Other Secretarial Staff 7
1 Appointment 7
2. Powers and Duties 7
E. Evaluations 8
1 Town Manager 8
2. Town Comptroller 9
3. Executive Clerk 9
4 Other Secretarial Staff 10
El BOARD MEETINGS 11
A. Schedule 1I
B. Notice of Meetings 11
C. Procedures 11
D Citizen Participation at Board of Selectmen Meetings 11
E. Staff Members in Attendance at Board Meetings 12
1 Executive Clerk 12
2. Town Manager 12
3 Town Counsel 12
4. Recordings 12
F Executive Session 12
1 Executive Session Votes 13
2. Executive Session Records 13
G. Special/Emergency/Working Meetings 13
1 Special Meetings 13
2. Emergency Meetings 13
3. Working Meetings 13
I -I. Poll Voting 14
I. Agenda Procedure 14
1. Responsibility 14
2. Timing 14
3 Fouriat and Content 14
4 Posting and Delivery 15
5, Notification of Interested Parties 15
J Minutes 16
K. E-mail Communications 16
L. Open Meeting Law 17
M. Operational Goals 18
1 Goal Setting 18
2, Policy Development 19
N Calendar of Annual Responsibilities 19
IV STANDING COMMITTEES 22
V ADVISORY COMMI I'lEES OF THE BOARD OF SELECTMEN 23
VI. APPOINTMENTS AND APPROVAL OF MANAGER'S APPOINTMENTS 24
A. Selectmen's Appointments 24
1. Expiration Dates 24
2. Criteria 24
3 Process 24
B Town Manager's Appointments with Board of Selectmen Approval 25
1 Qualifications 25
2. Process 25
VII. RESIGNATIONS 27
VIII. RELATIONS WITH OTHER TOWN BOARDS, COMMITTEES AND
COMMISSIONS 28
A. Appearance at Regular Board Meetings 28
IX. RELATIONS 29
A. Relations with Citizens 29
B. Relations with Town Manager 30
C. Relations with Staff 30
X. EMPLOYEE GRIEVANCES 31
XI. HEARINGS BEFORE THE BOARD 32
A. Agenda 32
B. Notice 32
C. Procedures 32
D Utility Hearings 33
XII. LICENSES AND PERMITS 34
A. Scheduling 34
B. Applications 34
C. Processing 34
D Attendance 34
XIII SPECIAL MUNICIPAL EMPLOYEES 35
XIV WARRANTS 36
A. Annual 36
B. Special 36
C. State and Federal Elections 37
POLICIES 39
REGULATIONS 40
APPENDIX A CONFLICT OF INTEREST
APPENDIX B POLICY FORM
APPENDIX C SPECIAL MUNICIPAL EMPLOYEES
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PROCEDURES
I. BOARD OF SELECTMEN
A. Authority for Board of Selectmen
The Board of Selectmen is an elected Board and derives its authority and responsibilities from
the statutes of the Commonwealth of Massachusetts, the Selectmen -Town Manager Act of the
Town of Lexington and the By -Laws of the Town of Lexington.
General Reference:
• Chapter 41, Massachusetts General Laws
• Chapter 753 of the Acts of 1968, Selectmen -Town Manager Form of Government,
and as amended
• Handbook for Massachusetts Selectmen — Third Edition 1998,
Massachusetts Selectmen's Association/Institute for Governmental Services,
University of Massachusetts
B. Election & Qualification
In accordance with the Acts of 1922, Chapter I, the Board shall consist of five duly elected
members. Before assuming official duties, each newly elected member shall be sworn to faithful
performance of official responsibilities by the Town Clerk.
C Vacancies on the Board
When a vacancy or vacancies occur in the membership of the Board of Selectmen, the remaining
members of the Board of Selectmen shall call a special town election to fill the vacancy or
vacancies for the unexpired term or terms, except that if such a vacancy or vacancies occur less
than 100 days prior to the annual election and not less than three members of such Board remain
in office, the vacancy or vacancies shall remain unfilled until such annual election. (Selectmen -
Town Manager Act)
D Oreanization of the Board
The Chairman of the Board of Selectmen shall be elected annually at the first regular meeting of
the Board after the adjournment of the Annual Town Meeting. The Board may at any time
remove the Chairman. The Chairman shall not serve more than three consecutive years.
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A majority vote shall constitute an election. Nominations require no second. The Executive
Clerk shall preside as Chairman pro tem until the Chairman is elected. If a vacancy occurs in the
office of Chairman, the Board shall elect a successor.
1 Responsibilities of the Chairman
The Chairman of the Board shall.
• Preside at all meetings of the Board.
• Sign official documents that require the signature of his/her office.
• Prepare agendas with the Executive Clerk and Town Manager.
• Arrange orientation for new members.
• Represent the Board at meetings, conferences and other gatherings unless otherwise
determined by the Board or delegated by the Chairman.
• Serve as spokesman of the Board at Town Meetings and present the Board's position
unless otherwise determined by the Board or delegated by the Chairman.
The Chairman shall have the same rights as other members to offer resolutions, to discuss
questions and to vote thereon.
In the absence of the Chairman, the Board shall designate an Acting Chairman.
E. Internal Operation
1 Members Interaction
The Board functions as a body in all policy decisions and all other matters as required by law or
determined by vote of the Board in formal session.
• Board members will report back to other Selectmen and the Manager on significant
meetings or hearings which they have attended and especially on issues on which
Board action will later be required.
• The Chairman will notify Board members prior to the meeting if a particular strategy
or approach has been suggested for dealing with potentially explosive agenda items.
• Board members will keep each other informed of all investigations they are
conducting or issues they are pursuing that are of concern to the Board.
• Board members agree not to surprise each other by last minute agenda items about
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which others have no warning or knowledge except in the case of emergency items or
those of a strictly routine nature which need action prior to next scheduled meeting.
• Board members who wish to take issue with another member's conduct, behavior,
procedures, will do so first privately with the member concerned or will notify
him/her prior to first doing so at a public meeting.
• When individual members make request of the Manager for information of concern to
the whole Board, the Manager is to report back to the whole Board - not only the
member raising the question.
2. Standard of Conduct
An individual member of the Board, including the Chairman, may act independently only if
specifically authorized by the Board.
Members of the Board will behave with civility and courtesy The Chairman will preserve
decorum and prevent personal attacks. No one in attendance at the meeting will be allowed to
make disparaging remarks about anyone including staff. The Chairman will rule inappropriate
continents out of order and issue warnings to the offending parties.
F Selectmen's Expense Reimbursement
Expenses in connection with in-state travel involving overnight accommodations or travel
beyond 50 miles, round trip, may be reimbursed with the prior approval of the Board, Items may
include transportation, meals, lodging, and registration fees. A voucher itemizing such expenses
shall be submitted to the Executive Clerk in a form approved by the Comptroller within 10 days
following completion of the travel.
Out-of-state travel by members of the Board of Selectmen should be approved only when the
travel can unequivocally be shown to be in the best interest of the citizens of Lexington.
Registration fees and other tniscellaneous expenses incurred by Selectmen in their official
capacity may be reimbursed by submission of said invoice to the Executive Clerk.
If a member of the Board travels as a member and does not seek reimbursement from the Town
for expenses, he shall disclose to the Board the source of funding for the trip (personal funds,
reimbursement by an outside agency, business support, etc.).
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G. Conflict of Interest
Members of the Board of Selectmen will strictly adhere to the provisions of the Conflict of
Interest Law, G.L. Ch. 268A, during and after their terms of office as certain restrictions remain
in perpetuity and can also affect a business partner.
Members should avoid the appearance of conflict in their words and actions, including in the
making of appointments.
Without proper public disclosure members "may not take any action that would create an
appearance of impropriety, or could cause an impartial observer to believe your official actions
are tainted with bias or favoritism." (State Ethics Commission Introduction to the Conflict of
Interest Law).
Individual Selectmen may not hire, promote, supervise, or otherwise participate in the
employment of an immediate family member or their spouse.
Selectmen may not ask for or accept gifts worth $50 or more from anyone with whom the Board
has official dealings.
Members may request legal advice about how the law applies in a particular situation. Advice is
free, confidential, timely and binding. Call the State Ethics Commission's "attorney of the day"
at 617-727-0600 or 888-485-4766. Advice may also be sought from Town Counsel whose
conflict of interest opinions must be filed with the Commission for review
New members of the Board should be briefed on the law's implications by either Town Counsel
or by attending one of the State Ethics Commission seminars.
See Appendix A. Conflict of Interest - Articles and primers prepared by the State Ethics
Commission.
H. Ethics
1. Puroose and Scone
This Code of Ethics expresses the basic understanding of the organization of the Board of
Selectmen under the Selectmen -Town Manager Act and other statutes of the Commonwealth.
The oath of office of a Selectman binds the individual member to those laws, since the Board
operates under their authority
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2. Applications
This code applies to three areas of responsibility of Board members in addition to that set forth
above: responsibility to the Community; relationships with fellow Board members; and
responsibility in relation to the Town Manager.
a. Selectmen in relation to the community should:
• Be ever mindful that the basic responsibility is to the entire citizenry and that
the Selectmen represents the entire community at all times.
+ Recognize that the basic function of the Selectmen is policy making and
not administration which is in the hands of the Town Manager
• Be well informed concerning the duties of a Selectman.
• Accept the office of Selectman as a means of unselfish service.
• Realize that it is inappropriate to make promises or commitments of how the
Selectmen will vote upon mattcrs which will come before the Board.
b. A Selectman in relation to other Selectmen should:
• Treat fellow Selectmen respectfully and courteously
• Recognize that actions at official meetings of the Board are binding and that
the individual member cannot hind the Board outside such meetings.
• Uphold the intent of executive sessions and respect privileged
communications that exist in executive sessions.
• Make voting decisions only after all facts on a matter have been presented and
discussed.
c. A Selectman in relation to the administration and particularly to the Town
Manager should:
• Accord the Town Manager full responsibility for the conduct of that office and
hold the Manager accountable for acceptable results.
• Endeavor to establish sound and clearly defined policies which will guide and
support the Town Manager
• Respect and support the administration chain of command and the authority of
the Town Manager
• Respect and support the authority of the Town Manager in all matters of
employment, discipline and termination of administrative personnel.
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I1. EMPLOYEES OF THE BOARD
The Board of Selectmen shall appoint a'I'own Manager, Town Comptroller, Town Counsel and
an Executive Clerk to the Board, who with Board approval, shall appoint such other secretarial
help as are deemed necessary to carry out the responsibilities of the office of Selectmen.
A. Town Manager
1. Appointment
The Board of Selectmen shall appoint a Town Manager in accordance with the Selectmen -Town
Manager Act. The Selectmen shall set his/her compensation, subject to Town Meeting
appropriation, and such other terms and conditions of employment that they may, from time to
time, deem advisable. Such terms and conditions shall not be in conflict with the Selectmen -
Town Manager Act, Town By -Laws or any other special or general laws.
2. Powers and Duties
The Town Manager shall have the powers and duties as delineated in the Selectmen Town
Manager Act and as required by those sections of the General Laws relating to towns with town
manager form of government. These powers and duties may not be abrogated or abridged by the
Board of Selectmen. The Town Manager shall perform such other duties that, from time to time,
may be requested by vote of the Board. The Manager shall attend all meetings of the Board, shall
keep the Selectmen fully advised of the needs of the Town and shall recommend to the
Selectmen for adoption such measures requiring action by them or by the Town as the Manager
may deem necessary and expedient.
The Town Manager is responsible for inter -board communication in the day-to-day operations of
government. The Town Manager shall develop a process for exchange of information and the
provision for advice and recommendations among the boards, committees and commissions with
common interests, which shall include but not be limited to the exchange of minutes, the
establishment of a central repository for data, studies and reports and the appointment of
members or staff of boards, committees or commissions as liaison with one another around
common projects such as housing needs and revitalization of the center.
B. Town Comptroller
1. Appoint
The Selectmen shall appoint a Town Comptroller in accordance with the Selectmen -Town
Manager Act and Chapter 777 of the Acts of 1965 - "An Act Establishing the Office of
Comptroller in the Town of Lexington"
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Powers and Du e,
The Town Comptroller shall have the following powers and duties: Perform a variety of
complicated, detailed professional accounting work including the direction and supervision of
specialized and technical fiscal control functions; coordinate the accounting functions of other
departments' accounting and auditing activities; be responsible for disbursement and receipt of all
municipal monies and the maintenance of all records in coordination with the treasurer. The
Comptroller shall develop, install, dircct and supervise all accounting procedures and practices
required by the Town; shall direct all accounting and financial activities of the Town; and shall
review all payroll transactions, invoices for payments, statements of account, accounts receivable
and accounts outstanding. The Comptroller shall be an ex officio member of the Appropriations
Committee without vote. The Comptroller shall perform other duties as required by the
applicable sections of the General Laws relating to Town Comptrollers and Town Accountants.
C. Town Counsel
Anointment
As specified in the Town By -Laws, the Board of Selectmen shall each year within thirty days
after the annual election of Town Officers appoint an attorney at law as Town Counsel who shall
serve a term of one year.
2. Powers and Duties
The Town Counsel shall have the powers and duties specified in the General By -Laws of the
Town of Lexington.
D Executive Clerk and Other Secretarial Staff
1 Aonointmcnt
The Board shall each year appoint an Executive Clerk to assist the Board and to perform such
duties as the Board may direct. The Executive Clerk with the approval of the Board, shall
employ additional secretarial help as deemed necessary to carry out the responsibilities of the
Board of Selectmen. The hiring, performance evaluations and salary reviews for these positions
shall conform to the regular Town personnel practices and procedures.
2. Powers and Duties
They shall include but not be limited to:
• Complete, detailed set-up and follow-up (including minutes) of Selectmen's meetings,
budget meetings and special meetings of the Selectmen, including scheduling D.P W
hearings as part of regular Selectmen's meetings.
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• Answer correspondence addressed to the Board and assist the Chairman and the Town
Manager in answering the public's questions about the decisions and work of the
Board.
• All secretarial work for Town Counsel and members of the Board, including
processing requests for payments under Town Meeting Articles.
• Liaison with the public on all personal and telephone contacts.
• Prepare warrants for Annual Town Meeting, Special Town Meetings, and annual
Election; arrange for printing and delivery of same.
• Process applications and issue licenses, i.e., limo/taxi, Class 1, II and 111, auctioneer,
common carrier, common victualler, coin operated video games, entertainment,
lodging houses all liquor licenses, theaters, etc.
• Prepare list of annual appointments.
• Schedule Board appointments and hearings on requests from utility companies for
pole and conduit installations (all clerical work necessary prior to and following
hearings to be handled by D.P W ).
• Prepare budgets for Selectmen's Office, Law Expenses and Fees.
• Certify and notarize documents for the Board of Selectmen.
Purchase Selectmen's office supplies.
File all Selectmen's correspondence
Certify the Selectmen's Office payroll.
E. Evaluations
1 Town Manaeer
The Board of Selectmen shall evaluate the Town Manager's service annually Itis the policy of
the Board to conduct the evaluation in February with a final public report prior to the annual
election in March. This way all the Selectmen who have worked with the manager over a year
can have input into the evaluation. The evaluation shall be in writing.
As a foundation for said evaluation, the Board of Selectmen shall work with the Town Manager
to develop measurable and specific goals against which the Manager's performance shall be
evaluated throughout the year. ideally goals will he developed in May, after Town Meeting ends,
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The Chairman of the Board shall be responsible for distributing an evaluation form to all Board
members. While the Board may change the form from time to time by affirmative vote of a
majority of the Board, at a minimum the Board shall measure the Manager's success in
addressing the goals for the Manager. Each member shall individually submit a written
evaluation. The Board will then decide if a consensus report can be written or whether individual
reports shall be presented. The Manager shall discuss the comments with the Board Chairman
prior to the public presentation.
The report shall be made a permanent part of the manager's personnel file. This file shall be
maintained in the office of the Selectmen.
Prior to the start of a new fiscal year, the Board of Selectmen shall set compensation for the
manager based on the evaluation and in keeping with the financial condition of the Town.
2. Town Comntroller
By authority of the Selectmen -Town Manager Act the Board of Selectmen is responsible for
hiring and supervising the Comptroller The Board of Selectmen shall annually evaluate the
Comptroller by June of each year
The Chairman of the Board shall be responsible for working with the Board of Selectmen to
determine a process for evaluation. The final evaluation shall be in writing and placed in the
Comptroller's personnel file as a permanent record of performance.
If the Comptroller also serves as the Finance Director, said file shall be maintained by the Town
Manager; otherwise the file shall be maintained in the Selectmen's Office.
The Board of Selectmen shall participate with the Town Manager in setting the compensation for
the dual position, so long as such participation does not conflict with a collective bargaining
agreement.
3 Executive Clerk
The Executive Clerk of the Board of Selectmen, per the Selectmen -Town Manager Act, shall be
an employee of the Board of Selectmen. Prior to the start of the fiscal year, the Board of
Selectmen shall annually evaluate the Executive Clerk. The Chairman shall work with the Board
to develop a process for conducting that evaluation. Upon completion, the evaluation shall be
placed in writing and added to the personnel file of the Executive Clerk. The personnel file of
the Executive Clerk shall be kept in the office of the Board of Selectmen.
Compensation for the Executive Clerk shall be set by vote of the majority of the Board of
Selectmen and reviewed annually Said compensation shall be based on the evaluation and in
keeping with the financial condition of the Town.
4 Other Secretarial Staff
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Under the Selectmen -Town Manager Act, secretarial staff to the Board of Selectmen is the
responsibility of the Executive Clerk. The Executive Clerk shall annually review secretarial staff
to the Board of Selectmen prior to the start of a new fiscal year, Said review will include
meeting with the staff and submitting a written evaluation for the file. The personnel file for
secretarial staff shall be kept in the office of the Board of Selectmen.
The Board of Selectmen shall set compensation for secretarial staff Such staff shall be paid in a
range similar to other municipal secretarial staff. The Executive Clerk shall recommend to the
Board of Selectmen appropriate compensation based on the annual review
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II[. BOARD MEETINGS
A. Schedule
Selectmen's Meetings are held in the Selectmen's Meeting Room of the Town Office Building,
on Monday evenings starting promptly at 7:30 P.M. unless otherwise deteunined.
The Board shall not meet on days designated as Legal Holidays. Meetings falling on a Legal
Holiday are canceled or rescheduled at the discretion of the Board.
B. Notice of Meetings
The Executive Clerk of the Board of Selectmen, on behalf of the Chairman, is responsible for
filing a notice of the meeting with the Town Clerk at least 48 hours (including Saturdays, not
Sundays or Legal Holidays) before the meeting is to take place and shall take all steps necessary
to comply with the open meeting law
C Procedures
Meetings are to be conducted in accordance with generally accepted rules of parliamentary
procedure. It is the practice that application of such procedure be on a relatively informal basis,
due to the size of the group and the desirability of flexibility in the expression of opinion.
Robert's Rule of Order is used as a guide in matters requiring clarification or definition.
A quorum shall consist of three members of the Board. As a practical courtesy, action on critical
or controversial matters, the adoption of policies or the making of appointments shall be taken
whenever practicable only when the full Board is in attendance.
Actions and decisions shall be by motion, second and vote. Split vote will be identified by name.
When only three members of the Board are present or in the case of nominations, no second will
be required prior to Board action.
D Citizen Participation at Board of Selectmen Meetings.
Unless directly involved in an agenda item, citizens may only participate at a regular Board
meeting at the discretion of the chair or upon request of any member of the Board.
A ten-minute Public Comment period will be scheduled at each meeting to hear concerns of the
general public. Citizens are welcome to raise new issues for future board agendas, identify
community problems, and comment on past, present or future hoard agendas. The issues raised
will not be debated at this time.
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Rule for Public Comment section of the meeting:
1. There will be no demonstrations of approval or disapproval.
2. Each speaker may speak only once for a maximum of 3 minutes.
3. Before speaking speakers should state their names, addresses, and if known, precincts.
4 Al] speakers will adhere to our commonly agreed on standard of civility
a. treat others with respect; and
b. avoid personalities and make no disparaging remarks about any person or group.
E. Staff Members in Attendance at Board Meetings
1. The Executive Clerk of the Board of Selectmen and the Town Manager or their
designees are expected to be in attendance at all regular meetings of the Board.
The Executive Clerk shall attend in order to keep records of the proceedings,
coordinate and carry out the actions of the Board relating solely to the Office of
Selectmen.
2. The Town Manager, as Chief Executive Officer of the Town, shall attend in order
to keep the Board informed and advised and recommend in all matters that fall
within the jurisdiction of the office. The Manager shall carry out the actions of
the Board as they relate to the conduct and administration of Town affairs under
the Manager's jurisdiction.
3. The Town Counsel shall attend to provide legal direction, give consultation,
advice and opinions on legal matters pertaining to Town business as determined
by the Board.
4 Recordings. According to law, any person in attendance at any Selectmen's open
meeting may record the meeting by any means allowed by state law provided that
there is no interference with the conduct of the meeting.
F Executive Session
If practicable, Executive Sessions, other than a few minutes in duration, will be scheduled only at
the end of the Open Meeting. Only items clearly allowed under the State's Open Meeting Law
shall be included in Executive Session. An Executive Session shall not be held unless the Board
has first convened in Open Session for which notice has been given. A majority of the members
must vote to go into Executive Session and the vote of each member must be by roll call
recorded in the minutes. The mover must specify in the Open Meeting the grounds on which
Executive Session is sought. Before the Executive Session, the Chairman must state whether or
not the Board will reconvene in Open Session.
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1 Executive Session Votes
All votes taken in Executive Session shall be recorded roll call votes made part of the records of
the Executive Session.
2. Executive Session Records
The Board must maintain accurate records of both Open Meetings and Executive Session. At a
minimum, the records must set forth "the date, time, place, members present or absent and action
taken" Executive Session records shall remain secret only "so long as the publication may
defeat the lawful purpose of the Executive Session, but no longer" Thereafter they shall be open
to the public.
G. Special/Emergencv/Working Meetings
1. Special Meetings
A meeting called for any time other than the regular meetings shall be known as a "Special
Meeting" The same rules as those established for regular meetings will apply Notice for
Special Meetings will be posted at least 48 hours prior to the meeting. The Chairman or any
member of the Board, through the Executive Clerk, may call special Meetings provided that all
Board Members arc notified and that a majority of the members agree to meet.
2. Emergency Meetings
In a situation where immediate action is deemed by the Board to be imperative, an "Emergency
Meeting" may he called. In this case an emergency is defined by law as "a sudden, generally
unexpected occurrence or set of circumstances demanding immediate action" Such a meeting
may be held even though notice was not posted in time. Notice of an "Emergency Meeting",
pursuant to MGL Chapter 39, Section 23A, shall be posted as much in advance of the meeting as
possible.
3. Working Meetings
The Board may conduct informal "Working Meetings" from time to time as the situation
warrants. At such meetings, which will be posted in accordance with the Open Meeting law, no
official action will he taken. A synopsis of transactions of informal meetings will be made a part
of the minutes of the following regular meeting.
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H. Poll Voting
Infrequently, a late or unforeseen request is made to the Board of Selectmen to take action on a
matter that must be dealt with before the next regularly scheduled meeting of the Board. In such
instances, the Executive Clerk will notify the Chairman of the request. If the Chairman deems
the request to be routine in nature, the Executive Clerk will poll all members of the Board to
determine whether a majority supports the granting of the request. At the next regularly
scheduled meeting of the Board, the poll vote will be ratified in open session.
I. Agenda Procedure
1. Responsibility
The responsibility for coordinating and planning the weekly agenda is that of the Chairman.
Each of the Board Members and the Town Manager may place items on the agenda. The
Executive Clerk, after consultation with the Chairman, shall schedule a realistic time period for
each appointment, interview, conference or other scheduled item of business and shall confirm
all appointments including time allotted. The Chairman, in consultation with the Executive
Clerk and the Town Manager, shall decide the meeting date on which an agenda item shall
appear
2. Timin
All items for the agenda must be submitted to the Executive Clerk by twelve noon on the
Wednesday preceding the meeting.
Items of emergency or strictly routine nature that develop after closing of the agenda may be
considered under "other business"
3 Format and Content
Agenda items include by way of example:
• Call meeting to order
• Public Comment
• Selectmen Concerns and Liaisons
• Town Manager Report
• Items for Individual Consideration (sign notes for borrowing, hearings for licenses,
permits, sign pole locations, appointments or approval of manager appointments,
appointments with Town boards, committees, commissions, general business,
Selectmen s policy action or review, reports of hoards and committees, and other
business)
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• Consent Agenda (items of no controversy)
• Executive Session.
The Chairman will determine the order of the agenda.
Where an agenda item is the particular responsibility of a particular member of the Board or has
been requested to be placed on the agenda by another board or committee or citizen, their name
will appear after the agenda item. Thus, a Selectman seeking further information will know the
name of the person to contact.
All backup data, pertinent information, or an outline for discussion shall accompany all subject
matters or items to appear on' the agenda.
Mernbers of the Board, staff, Town Manager or others who prepare background material for the
meeting should submit such material to the Executive Clerk by 10:00 a.m. Friday if background
information is insufficient or complicated or if complex memos or motions are presented at the
meeting which were not in the mail, any member should feel free to request the tabling of the
item to allow careful study of the material presented or the motion proposed.
4 Posting and Delivery
The agenda shall be available to the public and the press at the Selectmen's office the Friday
afternoon before the meeting date and shall be posted at the Town Office bulletin board and on
the Town s website that ,same day Also, the official weekly agenda will be available to the
Selectmen and Town Counsel on Friday afternoon. As a courtesy, the agenda and notice of
meeting shall be sent to the Town Meeting Members Association email list. Copies of the
minutes and all important correspondence, reports and other pertinent background materials shall
be forwarded to the members of the Board with the agenda.
A copy of the agenda shall be delivered to the Town Manager's office by 4:00 p.m. on Friday
The special meetings of the Board shall conform insofar as practical to the agenda for the regular
Monday meetings. Distribution shall be as outlined above.
Additional copies of the agenda shall he available in sufficient quantity to distribute to those
requesting a copy and to the people in attendance at the meetings.
5. Notification of Interested Parties
The Executive Clerk shall notify persons who are directly involved in the issues to be discussed
by the Board of Selectmen making note of the time their item will probably be considered. This
shall include items to be discussed under the Town Manager's agenda.
J Minutes
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• The Executive Clerk shall record open meetings of the Board by tape recorder, shall
draft minutes and shall distribute such minutes to each Selectman.
• Minutes circulated to members of the Board on or before any Friday shall be in order
for approval at the next regular meeting of the Board. On request of any Selectman,
approval of minutes submitted shall be postponed for one week to enable such
Selectman to propose and circulate proposed amendments. Proposed amendments
must be circulated to each member not later than the Friday preceding the meeting at
which approval is sought.
• By unanimous consent, minor corrections may be made with respect lo nunutes
otherwise in order for approval, without advance circulation of such corrections.
• Minutes shall contain a statement of all actions taken by the Board and of the
disposition of all proposals for action. Discussions preceding action need not be
detailed in the minutes but shall he reproduced from the taped record on request of
any member.
• Approved minutes shall be recorded in a Minutes Book which shall he indexcd when
filled to capacity
• Minutes of executive sessions shall be separately kept and recorded in accordance
with the above procedures.
• Minutes of executive sessions shall be reviewed periodically for purposes of
determining whether they can be made public, and upon such determination shall be
recorded with the regular minutes.
Minutes (other than of executive sessions) are open for public inspection.
• Taped records of open meetings shall be preserved three months after approval of the
minutes at which time they will be destroyed unless otherwise voted by the Board,
K. E-mail Communications
E-mail has become a convenient way to communicate with Boards and Committees. However,
its use by members carries a high risk of violating the open meeting law E-mails deprive the
public of the chance to monitor discussions and exclude non -participating members.
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10/19/2005
In keeping with the Open Meeting Law and the District Attorney's interpretations, e-mail
exchanges should be limited to discussing procedural items regarding agendas and scheduling,
etc. It shall not be used to debate policy or convey opinions. This policy shall apply to all
Boards and committees and Selectmen liaisons arc responsible for informing their committees.
As a way of ensuring public access to e-mails, the Board of Selectmen shall maintain hard copies
of all Board e-mails. Said e-mails shall be available for public inspection at the Board of
Selectmen office during regular hours. It is the responsibility of Board members to forward to
the Executive Clerk all e-mails that relate to public business in order that the Board maintains
accurate records.
For further information see the full text of the Open Meeting Law at
www.mass.gov/legis/laws/mal/mQllink.htm (Chapter 39, Section 23B) and the District
Attorney's Guidelines at httn://www.middlesexda.com/oml.htm.
L. Open Meeting Law
Highlights of DA s Guidelines:
• Applies to all governmental bodies.
Covers subcommittees appointed by any governmental board, commission or
committee even if they only make recommendations to full committee.
• Every meeting of a quorum (typically a majority) is covered; however, on-site
inspections of a project do not qualify as a meeting.
• Every meeting of a quorum of a sub -committee is subject to the law
Meetings notices must be filed with the Town Clerk's office at least 48 hours in
advance. The 48-hour notice requirement applies to adjourned and continued
meetings.
Committees must maintain accurate minutes for both open and executive session
meetings.
• Executive Sessions are subject to a number of restrictions and requirements. For
example. must first meet in open session and pursuant to a roll call vote to go into
executive session.
• No person may address a meeting without permission of the presiding officer and all
persons shall be silent at the request of the presiding officer.
Meetings must be held in facilities accessible to persons with disabilities.
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10/19/2005
• Serial telephone calls or e-mails: E-mail or telephone conversations among a quorum
of members of the governmental body on an issue of public business violates the open
mecting law, but housekeeping matters can be discussed.
Each Selectmen shall be furnished with a copy of the Middlesex District Attorney's current Open
Meeting Law Guidelines.
Open Meeting Law available on web at http://www.mass.gov/legis/laws/mgUmgllink.htm
(Chapter 39 Section 23B1
Middlesex DA's Guidelines available on web at htto://www.middlesexda.com/oml.htm
M. Operational Goals
1. Goal Setting
The Board of Selectmen annually set goals that can influence the community for many years. In
setting goals the Board must think of short-term and long-range needs as well as the future
implications of those decisions. Goals should be established that will sustain the excellence that
citizens demand.
Goal setting is typically done annually in July and is done collaboratively betwecn the Board and
the Manager. By setting goals in July for that fiscal year, the staff has direction that will guide it
through budgeting and articles for Town Meeting in March. The goals should be prioritized and
adopted after public review
Since the goals have far reaching implications, the Board should seek broad participation in the
development of the goals. The following should be included in developing the operational goals:
• Each Board member should be asked to submit proposed goals.
• The Town Manager should be asked to submit proposed goals.
• Senior managers should review the proposed goals and inform the Board as to
whether or not the goals can be attempted or accomplished. They may also suggest
additional goals.
• Review prior year's goals and include any not met that should be continued.
Once adopted, the operational goals of the Board should be made generally available to the
public. Some suggested means of distribution are to Chairs of all Boards and Committees,
posted on the website, published in local newspapers, etc.
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2. Policy Development
The Board of Selectmen shall develop policies to serve as guidelines to the Manager and citizens
on a variety of issues. Adoption of new policies and revision of existing policies of the Board of
Selectmen may only be adopted by affirmative vote of a majority of the Board of Selectmen at a
duly noticed meeting of the Board of Selectmen.
Al] policies of the Board of Selectmen shall be recorded on the same foim. Said form shall
include the name of the policy, the date approved by the Board of Selectmen and the signature of
the Chairman of the Board of Selectmen. Each policy shall contain the following sections: I.
Background, 11. Purpose & Scope, 111. Application and IV Reference. A sample form is attached
in Appendix B.
N Calendar of Annual Responsibilities
January
Budget
Budget
Files
Licensing
Warrant
Warrant
February
Appointments
Budget
Licensing
Warrant
Warrant
Selectmen
March
Appointment
Appointment
Appointments
Licensing
Proclamation
Selectmen
Town Meeting
April
Election
Licensing
Proclamation
10/19/2005
Selectmen/School Committee Vote on Recommended Budget
Budget Collaboration Meetings
Change Files - retain 3 years
Annual License Information Form (ALIF) Report due 2/1
Engage Constable
Prepare/Print Warrant
Letter to Dem. and Rep. re: Registrar of Voters for 3/31 Appt
Distribute Proposed Budget
Annual Report letter to ABCC before February
Money for Mailing Warrant (to Postmaster 5 days mail)
Warrant Served by Constable (7 days before Election)
Town Manager Evaluation
Appointment of Registrar(s) of Voters by 3/3 l
Town Counsel (1 year term by 3/31)
Appointment of Comptroller (3 -year term by 4/1)
Auctioneer Licenses
Order Patriot's Day Proclamation
Chairman's Breakfast
Town Meeting Begins (Monday and Wednesday until completed)
Mid -April, letter to Chair of Political Parties (reappt of ElecWrkrs)
Renewal of Limo and Taxi Licenses
Proclamation for Memorial Day
19
May
Appointment
Appointments
Licensing
Licensing
Selectmen
June
Appointment
Appointment
Appointrnent
Selectmen
Selectmen
July
Appointment
Licensing
Licensing
Selectmen
Selectmen
Street
August
Appointrnent
Licensing
Licensing
September
Appointment
Budget
October
Licensing
Proclamation
Selectmen
Budget
Budget
November
Appointment
Budget
Election
Town Meeting
Licensing
Licensing
Town Meeting
Tax Rate
10/19/2005
Appointment: Lex11AB by 5/31
Selectmen Liaison Assignments
July 4th Carnival - Sunday Entertainment
Limo Renewals
Reorganization of Board of Selectmen (1`t mtg after end of TM)
Executive Clerk (1 year term by 6/30
Keeper of the Lockup (1 year term by 6/30)
Town Celebrations Committee by 6/30
Executive Clerk and Comptroller Evaluations
Town Manager Goals
Election Workers by 8/15
Prepare New Liquor, Common Victualler, etc.
Theatre Licensc Renewals expire 9/1
Goal Setting
Water/Sewer Rate Hearing
Ad in for Street' /Sidewalk Petitions (Town Engineer)
Send out Letters to Chairman of all Selectmen Corn re: reappts.
Application for Beano (if any)
Theatre Licenses expire 9/1
Annual Committee Appointments/Reappointments by 9/30
Budget Process Group
Send letters when receive info from ABCC
Veterans Day proclamation request
Chai„nan's Breakfast
Collaboration Meeting
Process Meeting
HDC Appointment letters for nominations, appointments by 1/1
Budget Collaboration Meeting
Vote to call Election Day and date for First Town Meeting Session
Set Date for lst Business Session, Annual TM
Liquor Licenses must be signed by applicant during November
Send letters/applications for renewal of Licenses that expirc Dec.
Set date for close of warrant for ATM
Set Tax Rate
20
December
Appointments Historic Districts Commission by 1/1
Licensing Approval of all other licenses by 12/31
Licensing Selectmen approve Liquor License Renewals
Street Vote of Intent Re: Acceptance of Streets (notify Planning Board)
Warrant ATM Warrant closed (send rezoning proposals to Planning Board)
Flexible Dates
Appointment Town Manager - not to exceed 3 years
Appointments Town Manager Appointments
Budget Budget Presentations
Selectmen Evaluations
Selectmen Warrants
Monthly Water/Sewer Commitments and Adjustments
Selectmen Policy Review and Update
Selectmen Voting to Release Executive Session Minutes
Selectmen Discharge Advisory Committees
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IV STANDING COMMITTEES
Standing committees are established by statute or by-law and must be maintained. They are:
Appropriations Committee, Board of Appeals, Board of Assessors, Board of Health, Capital
Expenditures Committee, Commission on Disability, Conservation Commission, Council on
Aging, Fence Viewers, Historic Districts Commission, Historical Commission, Lexington
Housing Assistance Board (LexHAB), Permanent Building Committee, Recreation Committee,
Registrars of Voters, Retirement Board, Town Celebrations Committee, Tree Committee,
Trustees of Public Trusts, and Youth Commission.
As outlined in the Selectmen -Town Manager Act, or by statute or bylaw, the standing
committees appointed by the Selectmen are: Board of Appeals, Fence Viewers, Historic Districts
Commission, Lexington Housing Assistance Board (LexHAB), Registrars of Voters, one
member of the Retirement Board, Town Celebrations Committee, Tree Committee, and Trustees
of Public Trusts.
The Board of Health, Commission on Disability, Conservation Commission, Council on Aging,
Historical Commission, Recreation Committee and Youth Commission are appointed by the
Town Manager with approval of the Board of Selectmen.
The Manager appoints members to the Board of Assessors and Permanent Building Committee.
It is the policy of the Board of Selectmen to appoint qualified citizens to the standing committees
it appoints. The Board will normally appoint individuals to no more than one standing
committee at any one time.
The Selectmen shall not exercise any control over the discretionary power vested by statute in
any such board, committee, commission or officer.
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V ADVISORY COMMITTEES OF THE BOARD OF SELECTMEN
The Board may appoint advisory committees to aid on matters under the Board's jurisdiction,
particularly in technical areas. The use of such advisory committees provides greater expertise
and more widespread citizen participation in the operation of government.
Charges to advisory committees shall be in writing and shall include the work to be undertaken,
the time in which it is to be accomplished and the procedures for reporting to the Selectmen.
Each committee must report in writing at least annually to the Selectmen. The Selectmen and the
Town Manager shall be sent copies of all committee agendas. The Town Clerk must receive
copies of all Committee charges, appointments and minutes. The Board will discharge
committees upon the completion of their work.
The charges and membership of standing advisory committees shall be reviewed periodically --
at least annually -- to assess the necessity and desirability of continuing the committee.
Reappointments will be based on an evaluation of the member's contribution, the desirability of
widespread citizen involvement and the changing needs of the committee and the Town.
In order to attract qualified and interested persons, vacancies will be made public as far in
advance of an appointment as practicable. An application form will be available in the
Selectmen's Office, the Town Manager's office, and on the Town Web site so that any citizen
interested in participating in activities of this nature or in otherwise making a contribution to the
town government may record their background, areas of interest and availability
It is the policy of the Board of Selectmen to appoint qualified citizens to the advisory
committees.
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VI. APPOINTMENTS AND APPROVAL OF MANAGER'S APPOINTMENTS
A. Selectmen's Appointments
1 Expiration Dates
For appointments to standing committees is September 30, or until a successor is appointed and
qualified, with the exception of the following:
• Historic Districts Commission, expiration date December 31, in accordance with Ch.
447, Acts of 1956.
• Lexington llousing Assistance Board (LexHAB), expiration date May 31, in
accordance with Chapter 521 of Acts of 1983.
• Registrars of Voters, expiration date March 31, in accordance with G.L. Ch. 51, s. 15
• Town Celebrations Committee, expiration date June 30 (Town By -Law, Article XV)
• Election Officers between July 15 and August 15, in accordance with G.L. Ch. 54, s.
12.
Criteria
The Board of Selectmen will be generally guided in its appointments by the criteria developed by
the Appointment Criteria Committee as amended (see Policy). Whenever possible, the Board
will seek variety in backgrounds, interests, ages. sex, length of residence and geographic areas of
residents, so that a true cross section of the community will be reflected. In order to attract
qualified and interested persons, vacancies will be made public as far in advance of appointment
as practicable.
3 Process
The Selectmen will publish in the local newspaper a list of the projected committee and hoard
openings for the coming year, and a copy of the Committee Application form which can be filled
out and returned to the Selectmen s office. The Committee Application form will also be made
available at the Selectmen's Office, Town Manager's Office and on the Town web site. A file of
applications will be maintained throughout the year by the Selectmen's Office and Town
Manager's Office, and made available to all town officials and employees who need to appoint
citizen committees or make use of citizen talents and expertise.
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• The Selectmen's Executive Clerk will.
• Present a list of the appointment vacancies to be filled by the Board annually
• Notify the Chairman of the appropriate board or committee requesting
recommendations regarding reappointment or the filling of vacancies.
• The Selectmen may meet with potential new appointees before making a final
decision on the appointment. Appointments will normally he made only when all
members of the Board are present. Nominees do not require a second. Appointments
will be made by a majority vote of the Selectmen.
• Annual appointments should be completed by September 30 or the statutory
expiration date.
• Appointments to fill an unexpired term shall promptly take place aftcr the Board has
been formally notified by the Town Clerk that a vacancy exists.
B. Town Manager's Annointments with Board of Selectmen Aoproval
Under the -Selectmen/Town Manager Act and other applicable laws, the Board must
approve the Town Manager's appointments to: Board of Health, Commission on Disability,
Conservation Commission, Council on Aging, Historical Commission, Recreation Committee,
and Youth Commission.
1 Qualifications
• Applications for Town Manager appointments shall be submitted to the Town
Manager's Office.
2. Process
Individual Selectmen should feel free to suggest names of qualified residents to the
Town Manager for the Boards and Committees appointed by him.
• As a matter of procedure, appointments by the Town Manager shall be made in the
following manner
■ The Town Manager shall notify members of the Board well in advance of the
vacancy becoming effective, or term of appointment expiration.
• The Town Manager will publicize annual appointments and the filling of
vacancies in the same manner to be followed by the Board in its appointment
procedures. (see 2 above)
■ The Town manager will submit nominees to the Board no later than one week
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10/19/2005
prior to the regular Board meeting at which the Manager will seek Board
approval.
• Subsequent to step c, the Board will have on the agenda at a following Board
meeting The matter of the appointment to be approved by the Board. In general,
appointments will be acted upon only when all members of the Board are present.
Approval will be by majority of the Selectmen.
• Annual appointments shall take place no later than the expiration of a teuo.
• Appointments to fill an unexpired term should take place no later than six weeks
after the Town Manager has been formally notified by the Town Clerk that a
vacancy exists.
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VII. RESIGNATIONS
Under statute, all resignations of Town Officers, Board and Committee members must be in
writing and filed in the Town Clerk's office. In addition, the written resignation shall also be
sent to the appointing authority
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VIII. RELATIONS WITH OTHER TOWN BOARDS, COMMITTEES AND
COMMISSIONS
The Board of Selectmen is aware that coordination and cooperation is needed among the town's
major boards, committees and commissions, not only in the day to day operations of government,
but also to: 1.) set town -wide goals and priorities; 2.) identify and anticipate major problems and
plan for their resolution, 3 ) develop a process for dealing with state government.
Therefore, as the executive board historically responsible for the over-all leadership and
coordination of town affairs, the Selectmen will.
• Cultivate an atmosphere of mutual respect for each others' responsibilities and
authority
Regularly schedule meetings with the chairmen of major boards and committees to
carry out functions 1-3 listed above. One meeting, shall, if possible, be held between
the annual election and the start of town meeting for the purpose of reviewing the
warrant and expediting town meeting.
• Regularly schedule meetings of the Selectmen, finance committees and school
committee with Lexington's State Legislators to discuss legislative issues which affect
Lexington.
• The Chairman of the Board of Selectmen, in consultation with all Selectmen, shall
appoint members of the Board of Selectmen to act in the liaison role defined above
The Selectmen assigned to a liaison function shall keep the Board of Selectmen advised of
significant developments and activities.
A. Appearance at Regular Board Meetings
Boards, committees and commissions of the town may request an appointment with the Board by
making the request in writing to the Executive Clerk of the Selectmen, stating precisely the
reason for the appointment and the action desired. Boards, committees and commissions are
requested to forward a copy of all pertinent material related to the subject matter to be discussed
to the office of the Board of Selectmen, by Wednesday 12:00 Noon prior to the scheduled
appointment. The Executive Clerk of the Board will notify those requesting an appointment of
the time at which their appearance will be scheduled. If the appointment must be conducted in
executive session, it will normally be scheduled at a time approximating the end of the Board's
agenda.
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IX. RELATIONS
A. Relations with Citizens
The Board recognizes that it both represents and is accountable to all the citizens of the Town. It
is the Board's policy to make every effort to strengthen communications with citizens. Measures
will be instituted to increase citizen participation, encourage citizen input into governmental
decisions and to keep citizens informed of all actions contemplated or taken by the Board, the
Town Meeting and the Town Manager which will affect them. To this end, the following steps
will be taken:
• The Selectmen will hold some of their regular meetings at various areas in the Town.
Although regular Board business will be covered, time will be allotted and special
attention given to the issues and concerns of the citizens present.
• Regular Selectmen's meetings shall contain an agenda item that allows the public to
bring issues to the attention of the Board.
• An individual citizen or group of citizens may request an appointment before the
Board by making a request in writing to the Executive Clerk of the Board stating
precisely the reason for the appearance and the action desired and naming a
spokesman for the group. Participants shall be given the opportunity to make a
reasonable presentation through the spokesman and to express opinions and ask for
pertinent information. Background data shall be prepared by the boards and
departments concerned prior to the appointment insofar as possible, so that all parties
involved can have a reasonable understanding of the subject matter.
• Persons who will be affected by proposed Board discussion and/or action will be
notified by the Executive Clerk of the date and time of meeting at which the matter
will be discussed or acted upon by the Board.
• If the Board is considering matters of citizen concern at a regular meeting, the public
will be allowed to ask questions or make statements relative to the matter under
consideration at the discretion of the Chairman or upon request of any member of the
Board.
• All citizen questions and complaints are to be answered promptly Questions and
concerns relating solely to the Office of Selectmen shall be answered promptly by the
Chairman or at the direction of the Chairman, the Executive Clerk. Those needing
attention by the Board should be referred to the Chairman for inclusion in the next
meeting agenda.
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10/19/2005
• All other questions and all complaints are to be referred to the Manager's office for
action or recommendations.
B. Relations with Town Manager
The Selectmen -Town Manager Act governs the relationship between the Board of Selectmen and
Town Manager. Board members should be familiar with and abide by the terms of the Act.
The primary role of the Board of Selectmen is to set policy The Town Manager is responsible
for implementing that policy The Board of Selectmen will leave to the Town Manager all the
powers and duties as outlined in the Selectmen -Town Manager Act.
The Town Manager will provide to the Selectmen all information, facts and reports necessary to
establish or modify policies. At any time the manager may request guidance on matters of
operation from the Board.
As a matter of courtesy, Board members should speak with the Town Manager in private about
any concerns or questions Selectmen intend to raise publicly
C. Relations with Staff
The Selectmen -Town Manager Act vests in the Town Manager direction, supervision, and
evaluation of members of staff. Selectmen must respect this allocation and work through the
Town Manager when information requests result in follow-up action by staff. The Selectmen
may ask staff questions directly If the Selectmen seek reports or other work product they should
discuss it with the manager before contacting staff.
If Board members wish to take issue with a staff member's conduct or work product, they will do
so privately with the Town Manager, not directly with the staff.
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X. EMPLOYEE GRIEVANCES
These are to be handled as delineated in the Town's Personnel Policies and Procedures. Under
the Selectmen -Town Manager Act, the personnel practices are formulated by the Town Manager
with the approval of the Selectmen. If employee grievances are brought to the attention of a
Board member, it shall be Board policy to proceed as follows:
• Selectmen will not intercede or interfere with the process. The employee will be shown
the administrative process to be followed.
• A meeting with the Board may be requested by any employee through the Selectmen's
Executive Clerk; the Board may defer such meeting until the administrative process has
been exhausted.
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XI. HEARINGS BEFORE THE BOARD
Hearings before the Board of Selectmen generally shall be conducted in accordance with the
following procedures. Variations may be necessary to comply with statutory requirements
applicable to particular matters. The procedures for conducting hearings are hereinafter outlined:
A. Agenda
Upon receipt of a request for a hearing, the hearing will be normally included in the agenda for a
regular meeting.
B. Notice
The Executive Clerk will advertise the hearing and notify interested persons, such as abutters, as
required by statute or as directed by the Chairman in the absence of statutory requirements.
Abutters shall be broadly defined to include a reasonable circle of neighbors who may be affected
by actions of the Board. It is the policy of the Board to notify town meeting members of hearings
affecting their precincts.
C. Procedures
• Hearings will be held in open session unless otherwise voted by the Board in
compliance with the Open Meeting Law
• The Chairman will announce the nature and purpose of the hearing, identify the
particular matter, and recite the notice given. Where appropriate, the Chairman will
outline the procedure to be followed.
• The order of presentation will be:
• Statements by proponents
• Receipt of recommendations from any Town agency, officer, or elected official.
• Statements by opponents
• Rebuttal statements by proponents and opponents
• Where appropriate, questions may be asked of any person making a statement
after the statement is finished. Questions will be accepted from members of the
Board.
• The Board may permit persons not desiring to speak to record themselves as in favor
or against the proposal. In the discretion of the Board, a show of hands may be taken.
• At the conclusion of the hearing, the Board may render its decision or take the matter
under advisement, announcing the intended date of decision.
D Utility Hearinas
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10/19/2005
• When a petition is filed by a utility company seeking permission to erect or construct
a line or take any other action for which a public hearing is required by statute, the
Department of Public Works, acting through its Engineering Division, will mail a
notice on behalf of the Board of Selectmen notifying all owners of real estate abutting
that part of the way upon, along, across or under which the line is to be constructed of
the time and place of the hearing. It is the policy of the Board to expand notification
to a reasonable area beyond immediate abutters. The notice shall be mailed at least
seven days before the date of the hearing. The Chairman of the Board of Selectmen
may determine that notice should be sent to an expanded group of citizens if it is
determined that there are broader neighborhood considerations involved.
• The Chairman will open the hearing at the announced time.
• Recognize representative of utility company
• Read recommendation from Director, DPW/Engineering.
• Take questions from the Board of Selectmen.
• Take questions from the public.
• Ask if anyone else is present in favor or in opposition:
• If opposition, take additional, if any, questions from the public.
• If opposition, take additional questions from the Board of Selectmen.
• Close hearing.
• Render decision or set date for decision.
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10/19/2005
XII LICENSES AND PERMITS
A. Scheduling
The Selectmen's Executive Clerk will schedule licenses and permits. The Selectmen issue the
following licenses and permits: Alcoholic Beverages, Auctioneer, Automatic Amusement
Devices (Video Games), Use of Battle Green, Beano, Common Victualler, Common Carrier,
Entertainment, Fortune Telling, Garage/Yard Sale, Gasoline Storage, Innkeeper/Lodging House,
Limousine, Parade, Sale of Second Hand Motor Vehicles (Class I, II and III), Taxi/Hackney and
Theatre.
B. Applications
Applications for licenses and permits will be available in the Selectmen's Office.
C. Processing
Upon payment of the appropriate fees, the Selectmen's Office will be responsible for processing
all applications.
D Attendance
In the interest of all concerned, it is recommended that persons requesting licenses or permits be
in attendance at the Board meeting when the request is reviewed. The Selectmen's Executive
Clerk will notify all interested parties of the date and time of such review
34
10/19/2005
XIII. SPECIAL MUNICIPAL EMPLOYEES
Special municipal employee status under the Conflict of Interest Law, G.L. Ch. 268A, may be
assigned to part-time or unpaid town officials by vote of the Board of Selectmen. The Board
vote applies to the position held by an individual or individuals and not to a specific individual.
A position designated by the Board as having "special" status remains such unless the
designation is rescinded by a majority vote of the Board. Certain sections of the Conflict of
Interest Law apply less restrictively to those holding positions designated as "special" for
Conflict of Interest purposes. See Appendix C for a definition of a Special Municipal Employee
and a list of the positions currently listed as "Special Municipal Employees"
35
10/19/2005
XIV WARRANTS
The Selectmen have the statutory responsibility for calling town meetings and preparing,
publishing and distributing the warrant for them. The Selectmen govern what appears in the
warrant, as well as the order of the articles.
They insert articles on their own motion and, by tradition, all those submitted by official boards,
committees and commissions. Under Massachusetts's law they must insert articles upon the
written request of a specified minimum number of registered voters of the town filed by the
warrant closing date (ten registered voters for an Annual Town Meeting and 100 registered voters
for a Special Town Meeting).
A. Annual
Late November, early December the Selectmen vote to call the Annual Town Meeting,
stipulating the time and place of the meeting and the day the warrant will be closed for the
submission of articles.
During January, the Chairman of the Board of Selectmen, or their designee and the Town
Counsel, Town Moderator, Town Manager and Selectmen's Executive Clerk meet to establish
the preliminary order of the articles, taking into account subject matter and efficient utilization of
staff. The wording of articles is also reviewed.
Town Counsel reviews the final wording of articles submitted by the Selectmen and official
boards, committees and commissions in consultation with the Moderator.
By law, citizen articles must be worded exactly as submitted. Citizens are encouraged to have
the Moderator and Town Counsel review the language prior to obtaining signatures. Town
Counsel may be contacted through the Selectmen's Office.
B. Special
The Selectmen may call a Special Town Meeting at anytime, but must call one on petition of 200
registered voters of the town. Such a meeting must be held not later than 45 days after the receipt
of such a written request. The warrant must include all subjects requested by said petition.
When the Selectmen vote to call the Special Town Meeting they stipulate the time and place of
the meeting and the warrant closing date.
The process for drafting the warrant follows that outlined above in Section A, Annual Town
Meeting.
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10/19/2005
C. State and Federal Elections
Wording for state and federal elections generally comes from the state. The Town Clerk's office
shall provide the Board of Selectmen with a draft warrant. The Selectmen's Office shall prepare
for Selectmen signature and mail the warrant.
37
10/19/2005
1
Procedures adopted on October 11, 1978.
Selectmen's Expense Section of Procedures Adopted November 13, 1978.
Procedures revised October September 2005
38
10/19/2005
POLICIES VOTED BY THE SELECTMEN
39
10/19/2005
REGULATIONS VOTED BY THE SELECTMEN
40
10/19/2005
1
APPENDIX A
CONFLICT OF INTEREST
41
10/19/2005
12 MUNICI,I5AL AUVbCAig
)
- 4110
Yi 1, Whether the j4.40446V:6 services:k
are expressly tir.iinPiiedik-toit,
tracted for:
rfc.,
2. The type andii,ge'efibP,O*1)0T400b.•
cq_
S. The riegfoO,Oftitie.oiiNg.4 ,e,40
or expertise requitcd of service. icf,
For example,44divi4u41, who
PerfornillighlY stC04,11tid4.intia! •
for a COmeretioP,Ot4t-004ctis w19),
a public agency to provide those at:
vices may be. deOtheii to be perform-
ing services directly to iM,WIY4Y•
„0.
4. The, extent to -Whieh,the individual
persiMallY perfOrtna,SOSvices under ,TA:1;i,
1, the cOritraCt,.ot Controls and directs "
the terms of the contract or the ser-
))1)
vices provided thereunder.
Who Is a ,Ptilj40 liting.Wortir fifty dollars ot mote -from
ESPI:637007. nyonq to infitre4ce youto 4,15e
action or to reward you fOta pat act.
pcaropieS of replatesi itteiltde:,
sports ticitot4,44*-04,4**; true).
011161l4c61- 0404 OI10:Pfeesrt $114 of
400,1401jr.00toiNtAti
freeatsko:t ,aigoiO4:41/40-00Sc-4-40
At' tte,401q,0011000iti,
f a prohibitd gift is offered, --VAACI*
000‘131
" :§6t oton12,
A public employee is a person perforrh,
ing services for or holding an office,
position. 01410300ePt or bviTtl?'04hip. 14
a s!* ,0*ulq orpottOlti t4ipoYi.
whethez by election, 000014004treon-
tract of it Of daPital*rtitS4Vittg with
or WithOfit 044iPoN, 440.40.0%..040.106,'
regular Of0/1,300C:0"0fri
sulthnt 441*, An Who worlth
fora Ovate,440)
er
totero fiWiL OW, town
)c
•:#001.444,M.
)11)000,4044AW
Ottla
er. F9r titstaftop: if you are a town
ernPleyee, a company you own may
not he a tenor to that town unless you
meet specific criteria, the etoittract is
awarded by a bidt, procOss.i and; you
pob461y disclose your financial interest.
Yott-buiy 09c --totes arLypb but your
*13,k4010,#$#Mii,*4titYP-01.0
y�qr public eniptoyer has an interest.
may not
(11441000:€404016:07,01#Ot of a
ecimpafly, anassOCiatiofl. a friend, or
5. The extent to WWII the person has .4- 4
performed sintilaf services to the }
public entity in the past.
CellstliOt La.*,
itpl itexa—StS,
The following are SOintgenetal reVrire”
merits of the Massaelinsetts conflict Of
intent -St laW
• You tiny not ask for or accept shy,
thing (tegardlesa of its value), if it is
offered ih exchange for your agree-
ment to perform or not perforni
official act.
You may not ask for or accept any -
ing or ?Sig
iti05.4:**:hb10101t0)(44,
Ofltge'liO*ef 4b6r0fit organization.
you may not take any 444 a0t*t$4k.
would affect 4riorts0iMiOati4 or i0
00peli00,
000 you qualify ioc. 4eIIII5n011,
you Jay not have more than one-jeh.
with the same municipality or Count,
or more than onejoh with the state.
6 Except tinder speciel circumstances,
you may not have a financial interest
in a contract with your public etriploy-
#4,P*
NikObjcit?-0.4.
eniotoi#e,
IlleS6 '00044040, nOt,corieroto
r014Many 4:900Pc,- Of .11iO, Jaw 40 cOtt,
1St& itut there are .oft0 exenindons
to tito pnra1 tnIOS: It is adv401c to
udvitee front the Stat Btkgos
CoMmiSSion or Municipal counsel
regarding how the taw would apply in a
particulM sitoatiori.
4
se Ott;
44t4
Source: State Ethics Commission
MUNICIPAL ADVOCATE Vol. 20, NO. 1
13
Ethics Commission
Is Ready to Help
Local Officials
The State Ethics Commission
is prepared to help local offi-
cials with legal advice and
seminars about the Massachu-
setts conflict of interest law
In addition, extensive educa-
tional materials are available
on the commission's Web site.
Legal Advice
Anyone who is covered by the conflict of
interest law may request legal advice about
how the law applies in a particular situa-
tion. Advice is free, confidential, timely
and binding. Each year, the commission
responds to thousands of requests for
advice about the conflict of interest law.
To get advice, call the Commission's
"attorney -of -the -day" at (617) 727-0060 or
(888) 485-4766. In most races, the attorney
can provide accurate and concise advice
about your question on the day that the call
is received. Occasionally, the attorney may
need additional time to gather all the rele-
vant facts but the caller will receive suffi-
cient advice to avoid potential "conflicts
until the attorney can provide the caller
with the precise advice needed.
You may also get advice by writing a
letter that includes all relevant facts;
address to: Legal Division, State Ethics
Commission, Room 619, One Ashburton
Place, Boston, MA 02108. If you need
advice by a certain deadline, please
include that information in your request.
Anyone seeking written advice is encour-
aged to speak with a commission attorney
before writing.
Advice may also be sought from your
town counsel or city solicitor, All conflict
of interest opinions issued by city solici-
tors or town counsel must be filed with
the commission for review to ensure that
those opinions arc consistent with com-
mission precedent. The commission has
thirty days to notify municipal counsel of
any objections to an opinion; if there are
no objections, the advisory opinion can
serve as a legal defense in any subsequent
commission proceeding.
You should seek advice from the
Legal Division as soon as you recognize a
potential conflict. The Legal Division
may only provide advice about your own
conduct, not about someone else's behav-
ior. The Legal Division may only advise
public officials and employees on matters
involving their future conduct; it may not
provide advice on hypothetical situations
or on past conduct.
The following are some examples of
questions that callers ask the commission:
• May I award a contract to my son-in-
law to provide computer support ser-
vices to the high school?
• I am an engineer and also serve on my
town's planning board. May I represent
a client' before my planning board if I
don't vote on my client's proposal?
May I represent a client before some
other board, such as the conservation
commission?
• Do I need to get an exemption to coach
girls' junior varsity softball this spring?
I will coach on weekday afternoons
after I have completed my shift as a
police officer.
• I'm a firefighter. On the side, I have a
plumbing business. May I get permits for
my clients from the building inspector?
• I belong to a nonprofit organization
that raises funds to purchase conserva-
tion land. May I ask developers who
file plans in my office to make contri-
butions to this worthy cause?
• Until I took advantage of an early
retirement package three months ago, I
was a school principal. May I work as a
part-time consultant for the school
department? May I get paid to teach
courses for the recreation department?
• I am a full-time employee of the
library May I get paid to clean the
facility twice a week?
• I am a full-time town employee. May I
work as a poll Worker on Election Day?
It's my day off.
1 am a Full-time town
emplgy. M f work as
a poll wcirlr n.lrlection
Day? its my day off.
Seminars
The State Ethics Commission conducts
educational seminars for municipalities
and public groups throughout Massachu-
setts. The seminars explain how the con-
flict of interest law applies to the conduct
of public officials and employees while
at work, after hours or "on the side"
and after leaving public service.
Topics include:
• Restrictions on receiving gifts
• Outside employment
• Contracting with the public employer
° Acting on matters in which family
members and business associates have
a financial interest
• Leaving government to work for com-
panies that conduct business with the
municipality, county or state
• Avoiding appearances of conflicts
of interest
Communities interested in sponsoring
seminars should contact the commission
at (617) 727-0060. Seminars must have a
minimum of thirty attendees, and gener-
ally only one seminar will be held for
each city or town.
Thecommissionalso offers free
monthly seminars at its Boston office.
Call the commission to register.
Web Resources
The commission maintains an exten-
sive Web site (www.mass.gov/ethics)
that provides educational materials, dis-
closure forms, press releases, summaries
of advisory opinions and enforcement
actions, commission meeting and hearing
notices, and much more about the com-
mission and the conflict of interest law
For example, a school committee
member seeking guidance about whether
she can vote on a budget that includes a
salary line item for her spouse, a high
school teacher, can read Fact Sheet No.
3: Guidelines for Municipal Officials
Voting on Budgets Which Include
Salaries for Family Members. A town
clerk may print the Introduction to the
Conflict of Interest Law for Public
Employees to distribute to newly
appointed board members. A retired pub-
lic works director may want to review the
Primer on Former Municipal Employees
beforc he enters a contract to do snow-
plowing for the city.
The downloadable forms page
includes the forms public officials must
complete and submit in order to comply
with the conflict of interest law For
example, a selectman facing a vote to
approve a liquor license for a close friend
could complete and print a disclosure
form for filing with the town clerk. The
disclosure would dispel the appearance
of a conflict of interest and his vote on
the liquor license would not violate 'the
conflict of interest law i
Source State Ethics Commission
The Ethics
Complaint
Process
nYo4e sap ,fj*'- d.cghlpi'a�nt with
ie. State -Ethics• co at:Tlicy
spu*w ,t1lg,iffvesti-
6 os; (8 ),
e cots&Slit ndld disf
011:0044;-
•
tneSSt pttbltctt t}on letter nr declaioh
anti`-ordej tiegi=ntiing.`with 1.942; If Ole'
-dominznlon:'flitds "pp reasonable mise"
to believe the I W has leen ululated the
case is closdd and records and proceedings:
of the invsstjgation remain confidential:
111e.1erigtk of the complaint procedure
:varie's witlt.evory ease: By law the com-
mission's investigation, and any related,
documents are•coi4idential and arc not
public records,
Source: State Ethics Commission
MUNICIPAL ADVOCATE Vol. 20, No. 1 15
LAW
Practical Applications of the
Conflict of Interest Law
BY PETER STURGES
The Massachusetts conflict of interest
law was enacted to promote confidence
in government and in the integrity of
public servants at the state and local
level. This is an extraordinary goal and
one not easily achieved.
The State Ethics Commission recog-
nizes that the conflict law (Chapter 268A)
imposes a significant burden on public
Peter Sturges is executive director of the
State Ethics Commission.
employees and officials, a burden that
few other jobs impose. Most significant-
ly, the law requires public servants to put
their duty to uphold the public's trust
before their own personal and financial
interests. This demand, however, does not
mean that the law or the Legislature
assumes that public employees and offi-
cials are inherently untrustworthy; it sim-
ply recognizes that they are human and
therefore must avoid, or in some cases
disclose, the conflicting pressures of per-
sonal interests and public responsibilities.
16 MUNICIPAL ADVOCATE Vol. 20, No. 1
Certainly most public servants—
indeed most people—try to do the right
thing. This is a fundamental belief of the
State Ethics Commission, which sees
education as one of its major responsi-
bilities. Each edition of the commis-
sion's Bulletin includes an "Ethics
Primer" focusing on the practical appli-
cations of the conflict law The follow-
ing is a compilation of information
and examples from these primers, which
address the core provisions of the
conflict law
Self -Dealing
Section 19 of the conflict of interest law
generally prohibits a municipal employ-
ee—paid or unpaid, appointed or elected,
full-time or part-time—from participating
in any particular matter in which the
municipal employee, an immediate fami-
ly member or partner, or a business orga-
nization in which he has certain affilia-
tions, has a financial interest.
Family Ties
Municipal employees generally may not
act on matters affecting their own finan-
cial interest or that of their spouse and/or
he parents, siblings and children of both
the municipal employee and the spouse.
In-laws who marry into the "immediate
family" are not considered to be mem-
bers of the immediate family For exam-
ple, a town clerk's sister-in-law, who's
married to the town clerk's brother, is
not considered a member of the clerk's
immediate family, while the clerk's sis-
ter-in-law, who is his spouse's sister, is a
member of the immediate family. Simi-
larly, nieces, nephews, cousins and
grandchildren are not members of the
employee's immediate family (They
are, however, kin, and acting on matters
involving kin may give rise to the
appearance of a conflict of interest. Sec-
tion 23 addresses this.)
In determining if a public employee
may act. in matters involving a family
member's employee, it is the family
member's financial interest that must be
considered. For example, a matter before
a board of health might affect the finan-
cial interest of a business organization
tat employs a board of health member's
mother. That financial interest alone
won't disqualify the member from
acting, however, unless the particular
matter also affects the mother's financial
interests.
THE RESTRICTIONS OF THE
CONFLICT LAW APPLY IN ANY
INSTANCE WHEN PRIVATE
FINANCIAL INTERESTS ARE
DIRECTLY AND IMMEDIATELY
AFFECTED OR WHEN IT IS REA-
SONABLY FORESEEABLE THAT
THEY WOULD BE AH-t;CTED.
Business Ties
A municipal employee who is an officer,
partner, director, trustee, or employee of
an organization or who is negotiating for
prospective employment with an organi-
zation, generally may not participate in
matters affecting the financial interest of
that organization. It does not matter if
the business organization is a private,
for-profit business or a nonprofit organi-
zation. The business organization also
may be a county government or a
municipality other than one's own. For
instance, a municipal employee may not
participate in a decision that affects
another municipality's financial interest
if she is an `officer" or "employee" of
the other municipality
Participating vs. Voting
Participation includes not only voting on
a matter, but also formal and informal
lobbying of colleagues or reviewing,
discussing, giving advice and/or making
recommendations on particular matters.
Even if a municipal employee abstains
from a board vote on a matter, he will be
deemed to have participated if he dis-
cusses it. Often, discussing, providing
advice or making recommendations
about a particular matter may have more
of an effect than the employee's single
vote. It does not follow, however, that if
a municipal employee votes without par-
ticipating in any discussion or otherwise
acting regarding the matter in question,
that vote will not amount to participa-
tion. Regardless of whether the vote
tally is unanimous or split, voting consti-
tutes participation. Finally, many actions
that may seem to be routine or ministeri-
al, such as signing payroll warrants, in
fact constitute participation in the partic-
ular matter. Signing payroll warrants, for
example, is making a decision to
approve the payroll. A decision to dele-
gate a matter to a co-worker or to a sub-
ordinate also constitutes participation in
the particular matter.
Exemptions
The law includes three exemptions from
the general prohibition. Exemptions of
the conflict law often require the munic-
ipal employee to make written disclo-
sures to the municipal clerk and/or the
municipal employee's appointing
authority A municipal employee's
appointing authority is not necessarily
her immediate supervisor; the appoint-
ing authority is the official or board
responsible for the municipal employ-
ee's appointment to her position. Mak-
ing an oral or written disclosure to an
immediate supervisor who is not an
appointing authority, or a co-worker or
subordinate who is also involved in a
matter, may not be deemed sufficient
disclosure.
A municipal employee can always
comply with Section 19 by simply not
participating in the relevant matter. The
law does not require a municipal official
to disclose the reasons why he has
decided not to participate.
The exemption most often available
for appointed municipal employees is
Section 19(b)(1). A municipal employee
who first advises her appointing authority
MUNICIPAL ADVOCATE Vol. 20, No. 1 17
eft COI have agprl eta"re!atl9
Dont accept; ;an.'addtt10.4Il 'oven°°.
unpaid) municipal position;betore.seek
inglegal:advice.
After you: leave municipalservi0Of cid 't
accept tun ney.fl`om or reiaresfir t arty-
one gather than:the muntaipality,if'the
private; work ibvoivps,a.nttatter that you
worked:on as a. municipal' employee.
I Get advice!
-peter Sturges
of the nature and circumstances of a par-
ticular matter, makes full disclosure of
any financial interest, and then receives
in advance a written determination made
by the appointing authority, may act in
matters in which she would otherwise be
prohibited from participating. This
exemption is not available to elected
municipal officials because they do not
have an appointing authority
The appointing authority would have
to determine that "the interest is not so
substantial as to be deemed likely to
affect the integrity of the services which
the municipality may expect" from the
employee. Whether the municipal offi-
cial receives the written determination
rests solely with the appointing authori-
ty; the Ethics Commission has no role in
making this determination.
Section 19(6)(2) allows an elected
municipal official to make "demand
bank deposits of municipal funds" if he
first files with the municipal clerk a
statement making full disclosure of
financial interest. Thus, the elected town
treasurer may use this exemption if he
intends to make a deposit of municipal
funds in a bank in which he serves, for
example, as an officer, director, trustee
or employee.
Finally, Section 19(b)(3) allows any
municipal employee to participate in a
particular matter involving "a determina-
tion of general policy" and in which "the
interest of the municipal employee or
members of her immediate family is
shared with a substantial segment of the
population of the municipality " Gener-
ally, this exemption applies to matters
such as real estate tax rates or municipal
utility rates.
18 MUNICIPAL ADVOCATE Vol. 20, No. 1
Financial Interests
Although the conflict of interest law
does not define the term "financial inter-
est," the Ethics Commission has a long-
standing practice of interpreting the
phrase. The restrictions of the conflict
law apply in any instance when the pri-
vate financial interests are directly and
immediately affected or when it is rea-
sonably foreseeable that the financial
interests would be affected.
For example, a selectman who owns
a restaurant in town may have a finan-
cial interest in awarding a liquor license
to a business competitor if it would be
reasonably foreseeable that the granting
of the liquor license to a competitor's
restaurant would affect the selectman's
restaurant sales. Likewise, a planning
board member who is a trustee of a pri-
vate nonprofit organization that opposes
a project before the board is prohibited
from voting on that project if she knows
that the private organization will spend
financial resources to oppose the project
if it is approved by the board. In con-
trast, if the organization has no intent to
spend resources based on the decision,
then the organization does not have a
financial interest and the board mem-
ber's participation would not violate this
section of the conflict law
The conflict law generally prohibits
any type of official action that could
affect one's financial interest, regardless
of whether the financial interest is large
or small or whether the proposed action
would positively or negatively affect the
private financial interest. For example, a
public official responsible for hiring
summer employees generally may not
participate in the hiring process if an
immediate family member is an appli-
cant, even if it is clear that the immedi-
ate family member will not be hired and
thus has a negative financial interest.
Government Contracts
Section 20 of the conflict of interest law
generally prohibits a municipal employ-
ee—paid or unpaid, appointed or elect-
ed, full-time or part-time—from having
a financial interest, directly or indirectly,
in a contract made by an agency of the
municipality in which he serves. The
section also provides numerous exemp-
tions from this prohibition, however.
The following three types of munici-
pal employees must qualify for an
exemption:
• Any current municipal employee who
wants to add another municipal posi-
tion that is appointed and compensat-
ed must qualify for an exemption.
Similarly, a municipal employee who
wishes to have a financial interest in a
municipal contract that does not
involve another municipal position
must also qualify for an exemption.
• A prospective municipal employee
who already has a fmancial interest in
a contract with her municipality must
qualify for an exemption when she
begins to serve as a municipal
employee.
• A current appointed and compensated
municipal employee who wants to
add an unpaid municipal position or a
paid or unpaid elected municipal
position must qualify for an exemp-
tion. Unlike the two types of munici-
pal employees above, however, this
employee must qualify for an exemp-
tion that will allow him to continue to
be paid in his current municipal posi-
tion while also serving in the appoint-
ed/unpaid or elected position.
Section 20 does not prohibit anyone
from holding a number of unpaid posi-
tions or from holding more than one
elected position, even if one or more of
those elected positions is paid.
Exemptions
The Legislature recognized that the
needs of different municipalities may
differ. The following exemptions allow
local control in order to allow munici-
palities to meet their individual needs:
1 A municipal employee who is not a
"special municipal employee" may have
a financial interest in a contract with his
municipality if:
• The municipal employee is not
employed by and does not participate
in or have responsibility for the activ-
ities of the contracting agency or an
agency that regulates the activities of
that agency;
• The contract is made after public
notice or competitive bidding; and
• The municipal employee files with
the clerk a disclosure of his and/or his
family's interest.
Additional requirements must be met,
if the contract is for personal services; a
municipal employee seeking a contract
for personal services should seek advice
from the Ethics Commission.
2. A "special municipal employee" may
have a financial interest if she "does not
participate in or have official responsi-
bility for any of the activities of the con-
tracting agency" and she files with the
clerk of the city or town a disclosure of
her interest and' her immediate family's
interest.
3. A special municipal employee who
either participates in or has official
responsibility for any of the activities of
the contracting agency must not only file
.,:9/1(9P--
<tyS, b81t?'ititvldyai,K
f%olcl(rig;tFa2. $onta'ONO. or.
Have.flu's"art?e clae&fication:
TO, mayor too' nietabere, of the::Ida$1-
of'a1derme6,-city council' kr,board' of
selecimen in a'comrriunity Waith a: papula.-
flan of Mare.then 1 b,00o tray pot,bespe-
pial muhicipal. einp(oyeeS;
Seiegttrleh in a town with a population
Below 10;Ogb are automatically special
'Municipal employes%
MUNICIPAL ADVOCATE Vol. 20, No. 1 19
i.,
n�eps�#y to be ueed, tt0oultl be elitiorltmoiq#ted,
tiny ettat the board wes Uhable to obtain a quorum due •
sgtl, end, as WTest YeOlty that 011 thoso di5qualifieil they
ilcsw< rticip t #:or the authority of the rNe bf necessity .Each disqualified
�ri nabet .ivh .wtsh s tb,patt oipate under the rule of Necessity trust first 0s064e.
pubIibly the fadta that created'=the conNfot.
Invoking the rule' of n4ce sity tides not require ,previously disqualified, niempere
to. participate; it r erely- l rmits their participation.
70 MUNICIPAL ADVOCATE Vol. 20, No. 1
the same disclosure as described in Sec-
tion 20(c), but also obtain the approval
of the "city council or board of alder-
men, if there is no city council, board of
selectmen or the district prudential com-
mittee" for an exemption.
It is difficult for municipal employees
to qualify for exemptions, but there are
specific exemptions for types of posi-
tions or financial interests that are avail-
able to both municipal and special
municipal employees. These include the
following:
• A municipal employee who receives
benefits in connection with the rental,
improvement, or rehabilitation of his
residence
• A municipal employee who adds a
part-time, call or volunteer job with
police, fire, rescue or ambulance
departments
• A municipal employee who is eligible
for a Local housing authority subsidy
• A municipal employee who owns
housing in which tenants receive a
local housing authority subsidy
There are also exemptions for munic-
ipal employees to retain their municipal
jobs and to also serve as an elected
selectman or councillor. Similarly, there
is an exemption for an employee of a
housing authority who is elected to an
office other than mayor.
Finally, Section 20 does not prohibit
an employee in a town with a population
of less than 3,500 from holding more
than one appointed position with that
town, provided that the board of select-
men approves the exemption of his inter-
est from this section. This exemption
does not allow an elected municipal offi-
cial to be appointed to additional posi-
tions in which 1m would have a financial
interest in a contract.
Representing Others
In general, Section 17 of the conflict law
prohibits a public official from acting as
an agent for anyone other than the
municipality she serves in connection
with any matter in which the municipali-
ty is a party or has a direct and substan-
tial interest, even if the public official
abstains from taking any official action
on the matter. It also prohibits a public
official from requesting or receiving
compensation in relation to any matter in
which the same municipality is a party
or has a direct and substantial interest.
These provisions are intended to prevent
divided loyalties.
A public official, even one who
serves as an unpaid volunteer on an
appointed board, is prohibited from act-
ing as an agent for clients for whom he
provides consulting services before the
board on which he serves. For example,
a historic commission member who is an
architect may not represent a client
before the historic commission, A public
official always may, however, represent
herself before her own board. For exam-
ple, a conservation commissioner may
seek an order of conditions in order to
expand her home. She may not, howev-
er, participate as a conservation commis-
sioner in any determination or decision
regarding her property.
A volunteer board member who is
designated a "special municipal employ-
ee" may act as an agent before municipal
boards'.other than his own, provided that
he has not officially participated in the
matter and the matter is not now and
was not within the past year, within his
official responsibility He never may
represent any third party before his own
board or any hoard that falls under the
jurisdiction of his own board. For exam-
ple, a school committee member who is
designated as a "special municipal
employee" may appear on behalf of a
client of his private law practice before
the board of health. He may not appear,
however, before the school committee or
the school department regarding a matter
involving a client. A board member
whose position has not been designated
"special" may not appear before any
town boards.
An agent is anyone who represents
another person or organization in deal -
THE STATE'S CONFLICT
OF INTEREST LAW CONTINUES
TO APPLY TO MUNICIPAL
EMPLOYEES, AND IN SOME
CASES THEW PARTNERS, EVEN
AFTER THE EMPLOYEES LEAVE
PUBLIC SERVICE.
instance where one is acting on behalf of
someone else can be considered "acting
as an agent." Examples include contact-
ing or communicating with the munici-
pality on another person's or group's
behalf, acting as a liaison with the
municipality on another person's or
group's behalf, providing documents to
the municipality on another person's or
group's behalf, or serving as a
spokesperson before the municipality on
another person's or group's behalf.
A municipality has a direct and sub-
stantial interest in any matter pending
before, under the official jurisdiction of,
or involving action by a municipal
agency, board, commission, authority or
other body. It also has a direct and sub-
stantial interest in any effort to change
municipal regulations, policies or proce-
dures; any contract, court case or other
legal matter in which the city or town is
a party or any ruling or other action by a
federal, county, regional or state agency
involving matters subject to regulation
by the municipality
An exception to these rules allows
public officials who are full-time
employees, and thus cannot be "special
municipal employees," to apply for a
building, electrical, wiring, plumbing,
gas fitting or septic system permit on
behalf of anyone and receive compensa-
tion in relation to that permit unless the
municipal employee is employed by the
permit -granting department or an agency
that regulates the activities of the permit -
granting department. For example, a
full-time firefighter may apply for an
electrical permit from the building
department, but cannot apply for an oil
tank removal permit from the fire
department.
Former Municipal Employees
The state's conflict of interest law con-
tinues to apply to municipal employees,
and in some cases their partners, even
after the employees leave public service.
In general, Section 18 of the conflict law
is intended to prevent municipal employ-
ees from making official judgments with
an eye toward their future personal inter-
ests or from profiting by their participa-
tion in particular decisions or controver-
sies after they leave municipal service.
The law also keeps former employees
from misusing their past friendships and
associations within government to derive
an unfair advantage for themselves or
others. The law does not prohibit former.
employees from using expertise gained
while employed by the municipality In
certain instances the law also prohibits
former employees from referring to their
partners matters in which they them-
selves are prohibited from participating.
Forever Ban
Section 18(a) prohibits former municipal
employees from acting as an agent or
attorney for, or directly or indirectly
receiving compensation from, anyone
other than their city, town or municipal
agency in connection with any matter
that is of concern to the municipality and
in which they participated as a municipal
employee. Thus, a municipal employee
who participated in a matter can never
become involved in that same matter for
anyone other than the city or town after
she leaves municipal service.
Former municipal employees are
MUNICIPAL ADVOCATE Vol. 20, No. 1 21
affected by this section if it is deter-
mined that they participated, personally
and substantially, as municipal employ-
ees in a particular matter such as a rec-
ommendation, decision, application or
contract. Thus, if the current employ-
ment of a former municipal employee
involves matters in connection with past
matters in which he participated as a
municipal employee, it is activity perpet-
ually prohibited under this section.
For example, a former municipal
employee who made recommendations
on and decisions pertaining to regula-
tions enacted in her municipal agency is
prohibited from working for a private
organization on a challenge to the validi-
ty of those regulations. A former school
department employee may not work for
a contractor under the same contract in
which he participated as a municipal
employee. And a former municipal attor-
ney is prohibited from representing a
private client in new litigation where the
parties, facts, and controversy are identi-
cal to a lawsuit in which she participated
as a municipal attorney.
One -Year Restriction
Section 18(b) focuses on matters over
which former municipal employees
exercised authority. Section 18(b) pro-
hibits former municipal employees, for
one year, from personally appearing
■
22 MUNICIPAL ADVOCATE Vol. 20, No. 1
before any municipal agency as an agent
or attorney for anyone other than the city
or town in connection with a matter that
concerns the municipality if the matter
was under their official responsibility
within two years prior to their termina-
tion from municipal service. This section
operates as a one-year ban on personal
appearances by former municipal
employees in connection with matters
under their authority for the two years
prior to their leaving municipal service.
Under this section, a municipal
employee's official responsibilities
would include matters handled by a sub-
ordinate as well as matters in which he
abstained from participation. A personal
appearance includes not only the physical
appearance of former municipal employ-
ees before their former boards or agen-
cies, but also telephone calls, correspon-
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deuce or other communications, such as
email, to their former municipal agencies
tirade on behalf of any private client.
Section 18(c) extends certain prohibi-
tions of Section 18 to the partners of for-
mer municipal employees. This section
prohibits a partner of a former municipal
employee, for one year after the employee
has left her municipal position, from
knowingly engaging in any activity the
former municipal employee is prohibited
from doing under Section 18(a). In other
words, if a former municipal employee is
prohibited from engaging in certain activi-
ty under Section 18(a), then his partner is
similarly prohibited for one year from
engaging in the same activity.
The term "partner" for the purposes of
Section 18 has been defined by the Ethics
=mission to include a member of a
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group of lawyers who by their conduct
give the appearance of bcing partners. The
term "partner" is not restricted to those
who enter into formal partnership agree-
ments; it may also apply to individuals
who join formally or informally in a corn -
mon business venture. In determining
whether a partnership arrangement exists,
the commission looks to the substance of
the individuals' relationship rather than the
term used to describe that arrangement.
For example, if a former town counsel
joins a private law firm as a partner, the
law firm partners may not, for one year,
represent any private clients in connection
with a lawsuit that the former town coun-
sel litigated as a municipal employee.
(Section 23(c) prohibits former munici-
pal employees from accepting employ-
ment or engaging in professional activity
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that will require them to disclose confiden-
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such non-public information to further
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More Information
Although this article attempts to cover
most aspects of the conflict law, it is not
complete. The article does not address the
conflict law's prohibitions on bribes, its
restrictions on gifts and gratuities, or the
law's "standards of conduct" that apply to
all public employees. These issues will be
covered in upcoming editions of the
Ethics Commission's Bulletin. The Bul-
letin, published three times per year, is
available on the commission's Web site
(www.mass.gov/ethics). To subscribe, send
an e-mail to ccarson@eth.state.ma.us. •
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Summary 1
Page 1 of 5
Mass.Gnv Henn Patin i* State Government i State Online ServInng
STATE ETHICS COMMISSION
SUMMARY OF THE CONFLICT OF INTEREST LAW - NO. 1
SELECTMEN
Selectmen are municipal employees covered by the conflict of interest law (Chapter 268A of the general
laws). All municipal employees, whether elected or appointed, full or part-time, paid or unpaid must
abide by the restrictions of the conflict law The law also regulates the activities of former employees
and business partners of current and former employees.
The purpose of the conflict law is to ensure that your private interests and relationships do not conflict
with your responsibilities as selectman. The law is broadly written to prevent you from even becoming
involved in a situation which could result in a conflict or give the appearance of a conflict.
"Special Municipal Employee" Designation
Tome municipal employees may be designated as "special municipal employees" by the board of
selectmen. Only those selectmen serving in a town with a population of less than 10,000 can designate
themselves as specials.
Sections 17 and 20 of the law apply less restrictively to specials. All other sections of the conflict law
which affect municipal officials apply to special municipal officials in the same way
An employee may be designated as a special on formal vote by your board at any time provided that the
employee:
1 is not paid; or
2. holds a part-time position which allows him or her to engage in other employment during normal
working hours; or
3 was not paid by the municipality for more than 800 hours during the preceding 365 days.
Typically, specials include members of boards and commissions serving part-time. All employees
holding the same office or position must be treated equally -- having the same classification as special
municipal employee. For example, if one member of a school committee is classified as a special, all
members should be so classified. The selectmen's vote must be specific -- expressly naming the
positions being designated. You may not vote a blanket designation for members of every board or
commission in town to be named specials; votes should be taken individually for each board.
See the Commission's Fact Sheet, "Special Municipal Employees" for more information on how the
http://www.mass.gov/ethics/suml.htm 10/13/2004
Summary 1 Page 2 of 5
conflict law applies to specials.
'rohibited Actions Affecting Financial Interests (Section 19)
The law recognizes that your objectivity can be compromised when you act on matters in which you --
or a family member or close business associate -- have a financial stake. To discourage "self-dealing",
the law prohibits you from participating in a particular matter in which you or any of the following have
a financial interest:
1 your immediate family (you, your spouse and both
of your parents, children, brothers and sisters);
2. your partner(s);
3. a business organization in which you serve as an employee, officer, director, trustee or partner
(including a non-profit organization); and
4 any person or organization with whom you are
negotiating or have any arrangement concerning
prospective employment.
For example, as a selectman you should not participate in any discussions or vote on awarding a contract
to your brother's company nor should you act on competing applications. The best course of action is to
leave the room during any discussions or votes concerning the matter.
In an October 1983 enforcement case, the Commission found a Mansfield selectman in violation of this
section of the law by participating in the approval of a contract between the town and his wife's
employees' union.
A "particular matter" is defined by statute to include almost any proceeding, application, request for
determination, contract, claim, finding, decision or controversy which might come before you. The
definition refers to specific matters and proceedings rather than general issues. Section 19 does not apply
if the particular matter involves a determination of general policy and your interest is shared with a
substantial segment of the population of the town. For example, you could vote on raising or lowering
local property tax rates, even if you are a homeowner, because your personal financial interest is shared
with the majority of citizens in your town.
There is another exemption under Section 19 available to non -elected municipal employees. Appointed
municipal employees may act on a matter affecting their own, their family's or their business' financial
interest only if they receive written permission from their appointing authority prior to taking any action.
As a member of the board of selectmen (the appointing authority for many municipal employees) you
may be called upon to make the determination that an employee's financial interest in a matter is not so
substantial as to affect his or her integrity and impartiality
'Irohibited Municipal Contracts and Multiple Jobs (Section 20)
In general, Section 20 prohibits a municipal employee from having a financial interest in a contract with
http://www.mass.gov/ethics/suml.htm 10/13/2004
Summary 1 Page 3 of 5
the town or any municipal agency This section prohibits you, as a selectman, from having a financial
interest in any contract with your town.
In July 1983, the Commission found that an Easthampton selectman who owned a printing firm violated
the law by contracting with his town.
There are a number of exemptions to this general rule, which cannot adequately be explained in this
summary of the law Please be sure to ask the Ethics Commission or your town counsel for advice
concerning contracting with your town.
Section 20 also generally restricts municipal employees to having one paid town position. You may,
however, hold any number of other elected positions in addition to selectman and receive pay for all of
them.
There is a specific provision for selectmen which allows you to hold an appointed paid municipal
position while serving as selectman. You may work for a town agency and also be elected selectman,
provided:
1. you were a town employee before you became a selectman;
2. you receive only one pay (You have the right to choose which compensation you will receive.); and
3 as a selectman you do not vote on matters within the authority of the agency you work for.
A selectman who does not hold a municipal position before being elected may not be appointed to a
municipal position afterwards. In fact, once one's term as selectman expires or one resigns, there is a six
month waiting period before being eligible to be appointed to a municipal position. However, a
selectman may be routinely reappointed to a previously held position.
Those selectmen designated as specials do not have to comply with the above restrictions. Special
selectmen may hold other, paid town positions whether they obtain those positions before or after their
election as selectman. If a special selectman does have another town position, he or she may vote on
matters under the authority of the agency of that second job. If special selectmen want to be appointed to
a second paying town job under the supervision of the board of selectmen, they must obtain town
meeting's approval or resign as selectmen and wait 30 days before they can be eligible for the
appointment.
Restrictions After Hours (Section 17)
The law limits what you may do for someone other than the municipality you work for -- in other words
what you may do on the side. This section is designed to protect the selectman and the municipality
from the problems resulting when people "serve two masters."
While you are a selectman, you may not act as agent or attorney for a private party before any town
board, even if you are not paid. You also may not be compensated by anyone else in relation to any
"particular matter" in which any agency of the same municipality is a party or has a direct and
substantial interest.
For example, if you were a lawyer in private practice, being a selectman would preclude you from
representing a client before any municipal agency
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Summary 1 Page 4 of 5
The Commission found a Swampscott selectman in September 1982 in violation of this section by acting
as the agent for a private party in connection with the sale of property which was the subject of
oreclosure proceedings by his town. The selectman paid a $1,000 civil penalty for the violation.
The law also restricts the activities of business partners of current municipal employees. Your partner
may not act as agent or attorney for anyone other than your town in connection with a particular matter
in which you participate or which is subject to your official responsibility For example, your business
partner may not represent a restaurant owner in her application to the board of selectmen for a liquor
license. (This particular restriction is contained in Section 18.)
Misuse of Official Position (Section 23)
Section 23 provides a general code of ethics for all public employees.
The conflict law prohibits you from using or attempting to use your official position to secure an
unwarranted privilege for anyone or from giving a reasonable basis for the impression that you can be
improperly influenced in the performance of your official duties. The law also prohibits you from
disclosing confidential information obtained on the job and from accepting outside employment which
will impair your independence of judgement in the exercise of your official duties.
In 1983, the Commission found a selectman to have violated this section of the law by accepting golfing
privileges at a local golf club extended to him because he was a selectman.
In a 1982 case the Commission found Lowell's city manager to have violated Section 23 by asking a
developer whose hotel project was under consideration by the city to make arrangements for his Florida
vacation and by accepting "VIP" treatment and direct billing privileges from the developer's Florida
hotel. The Commission found the city manager, by his actions, to have given the developer the
impression that he could be improperly influenced.
Restrictions on Accepting Gifts (Section 3)
It is illegal to request or accept anything of "substantial value" from anyone with whom you have had or
are likely to have official dealings (absent some family or social relationship which otherwise explains
the gift) even if the motivation for the gift is to express gratitude for a job well done or to foster
goodwill.
It is also illegal for a private party to offer or give anything of substantial value to a public official or
employee if it is given "for or because of' some act the official has performed or will perform, this is
true even if there is no corrupt intent on the part of either the giver or the receiver.
The courts and the Commission have deemed "substaintial value" to be $50 or more, in most cases.
Under the conflict law waived fees, discounts, gift certificates and entertainment are all considered gifts;
if their value amounts to $50 or more, they are prohibited.
In February 1983, the Commission found a Stoneham selectman to have violated this section of the law
by receiving financial assistance, in the form of loans and loan guarantees, from a developer whose site
plans were subject to approval by the board of selectmen. The selectman paid a civil penalty of $1,000
and an additional $900 forfeiture of the economic advantage he gained as a result of the violation.
Bribes (Section 2)
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Summary 1 Page 5 of 5
Section 2 of the conflict law prohibits the most obvious kind of corruption: bribes. The law imposes
criminal penalties, not only on officials who seek or receive payoffs or kickbacks, but also on private
)arties who offer or pay them.
Restrictions After You Leave Government Service (Section 18)
Former selectmen may not use their past friendships and associations within government or use
confidential information obtained while serving the government to derive unfair advantages for
themselves or others. The law does not prevent you from using general expertise developed while a
selectman. Rather, it focuses on particular matters you worked on while a selectman.
If you participated in a particular matter as a selectman you can never become involved in that same
matter for a private party after you leave municipal service, except on behalf of your town. (This same
restriction applies to your business partners for one year after you leave the board).
If you had official responsibility for a particular matter as selectman, even if you did not actually
participate in it, you may not appear before any municipal agency on behalf of a private party in
connection with that matter -- for one year after leaving the board.
For example, if you voted to award a company a contract to provide computer services for your town,
you may not leave town government and work for the company on the same contract you voted on. You
may, however, work for that company on other projects and you may also work for the company on
town contracts proposed and awarded after you Left the board.
ADVISORY OPINIONS
This summary presents a brief overview of the conflict law and suggests activities which you, as a
selectman, must avoid. It is not a comprehensive review You may call the Ethics Commission's Legal
Division at 727-0060 for particular advice on the conflict law, as well as seek an advisory opinion from
your town or city counsel. As of April 1986, the Commission regularly reviews town counsel opinions
on the conflict law
If you have a question about your own activities, we urge you to request an opinion from your local
counsel or directly from the Commission prior to engaging in the activity in question.
ISSUED• September 1987
REVISED• March 1990
Home Educational Materials
http://www.mass.gov/ethics/suml.htm 10/13/2004
summary 16
Gnv Hnma Pam. P State Government 1 State Online Services
STATE ETHICS COMMISSION
COMMISSION SUMMARY NO. 16
"SPECIAL" MUNICIPAL EMPLOYEES"
Page 1 of 5
The conflict of interest law, G.L. c. 268A, covers all municipal officials and employees, whether elected
or appointed, paid or unpaid, full-time or part-time. However, two sections of the conflict law apply less
restrictively to those part-time or unpaid municipal officials who have been designated as "special
municipal employees."
"Special municipal employee" status can be assigned to certain municipal positions by a vote of the
board of selectmen, board of aldermen, town council or city council. Several specific municipal
positions are automatically designated as "special" under the law Your position is eligible to be
designated as a "special municipal employee" position provided that:
1 you are not paid; or
2. you hold a part-time position which allows you to work at another job during normal working
hours; or
3 you were not paid by the city or town for more than 800 working hours (approximately 20 weeks
full-time) during the preceding 365 days.
It is the municipal position that is designated as having "special" status, not the individual. Therefore, all
employees holding the •same office or position must have the same classification as "special municipal
employees" For instance, one member of a school committee cannot be classified as a "special" unless
all members are similarly classified.
The designation may be made by a formal vote of the board of selectmen, board of aldermen, town
council or city council at any time. Votes should be taken individually for each board or position being
designated -- expressly naming the positions being designated. Once a position is designated as having
"special" status, it remains a "special municipal employee" position unless and until the classification is
rescinded. A list of all the "special municipal employee" positions should be on file at the town or city
clerk's office. This list should also be filed with the Ethics Commission.
Under no circumstances may a mayor, city councillor, town councillor, alderman, or selectman in a
town with a population of more than 10,000 be designated as a "special" However, in towns of' 10,000
or less, selectmen are automatically considered "special" employees. Other municipal positions in towns
with a population of less than 10,000 must still be designated as "special municipal employee" positions
by the selectmen.
"he Legislature may also designate certain positions to have "special municipal employee" status. For
example, board members and part-time employees of local housing and redevelopment authorities are
defined by law as "special municipal employees" and do not need to have local authorities approve their
http://www.mass.gov/ethics/suml6.htm 10/13/2004
summary 16 Page 2 of 5
designation as "specials" (See G.L. c. 121B, §7 )
ME CONFLICT LAW IS LESS RESTRICTIVE FOR "SPECIALS"
Only two sections of the conflict of interest law apply less restrictively to "specials" -- §§ 17 and 20. All
other sections of the conflict law that govern regular municipal employees apply to "special municipal
employees" in exactly the same way See the Summary of the Conflict Law for Municipal Managers or
the Practical Guide to the Conflict Law for Municipal Employees for information on your
responsibilities under the law (these publications are available from the State Ethics Commission).
Remember that even if you serve on an unpaid part-time board or commission, you are still considered a
regular municipal employee, unless your position has been expressly designated as having "special
municipal employee" status.
Section 17 - Acting on Behalf of Others
Section 17 generally prohibits municipal employees from representing a private party before municipal
boards or departments. It also prohibits municipal employees from acting as agent (or attorney) for a
private party in connection with any matter of direct and substantial interest to their city or town.
Finally, it prohibits municipal employees from accepting pay or other compensation in connection with
any matter of direct and substantial interest to their municipality
However, if you are a "special municipal employee", you may.
1 represent private parties before municipal boards other than your own, provided that you have not
officially participated in the matter and the matter is not now (and was not within the past year)
within your official responsibility;
2. act as agent for private parties in connection with a matter of interest to your city or town,
provided that you have not participated in the matters as a municipal official, and that the matter is
not (and has not been, during the past year) within your official responsibility; and
3. receive pay or other compensation in connection with matters involving your city or town,
provided that you have not officially participated in the matters and they are not (and have not
been, within the past year) within your official responsibility
Example: You are a Conservation Commissioner. The Commission has been given "special municipal
employee" status. You are also an engineer in private practice in town.
You may be hired as site engineer and represent a private development company at a Planning Board
hearing, as long as the hearing does not in any way involve Conservation Commission matter.
However, if the hearing is about a wetlands dispute, you could not represent the developer before the
Planning Board because the matter is under your official responsibility as Conservation Commissioner.
Also, if you prepare site plans, blueprints, structural analyses or other professional documents, you may
not allow the developer to submit those materials to the Conservation Commission (or to any other
municipal boards, in connection with matters under the Conservation Commission's responsibility).
Also, you may not be paid for giving the developer advice about how to get his project approved by the
Conservation Commission, or for any other activity related to the Conservation Commission review
process.
http://www.mass.gov/ethics/sum16.htm 10/13/2004
summary 16 Page 3 of 5
Note that the prohibition against "acting as agent" covers any type of activity that involves representing
someone other than your city or town. Activities which can be considered "acting as agent" include:
erving as someone's spokesperson; making phone calls or writing letters; acting as a liaison; affixing
professional seals or signing supporting documentation; and participating as an electrician, plumber or
other contractor during municipal building inspections. For more information about § 17, request
Advisory No. 13 Municipal Employees Acting as Agent from the State Ethics Commission.
Section 20 -- Restrictions on Having an Interest in Contracts with your City or Town
Section 20 generally prohibits municipal employees from having a direct or indirect financial interest in
a contract with their city or town. However, there are many exemptions in this section of the law For
instance, a municipal employee may own less than 1% of the stock of a company that does business with
the municipality
Also, a municipal employee may have a financial interest in a contract with a municipal department
which is completely independent of the one where he works, provided that the contract has been
publicly advertised or competitively bid, and the employee has filed a disclosure of his interest in the
contract with the city or town clerk. Note that there are additional requirements for personal services
contracts: contact your town counsel or city solicitor or the State Ethics Commission's Legal Division
for more information.
However, if you are a "special municipal employee", you have two additional exemptions to §20•
1 As a "special municipal employee", you may have a financial interest in a contract with a
department which is completely independent of the one where you work, provided that you file a
disclosure of your interest in the contract with the city or town clerk (there is no "public notice" or
"competitive bid" requirement for this "special municipal employee" exemption).
2. As a "special municipal employee", you may even have a financial interest in a contract with your
own department (or with a department which has overlapping jurisdiction with your department),
provided that you file a disclosure of your interest in the contract with the city or town clerk and
the board of selectmen, board of aldermen, town council or city council vote to grant you an
exemption to §20.
Example: You are a member of the School Committee, which has been given "special municipal
employee" status. You also own a hardware store in town.
You may sell light bulbs to the town's Department of Public Works, because Public Works is not under
the jurisdiction of the School Committee; however, you must file a disclosure of your interest in the
lightbulb sales with the Town Clerk.
You also may sell light bulbs to the School Department (which is under the School Committee's
jurisdiction), but only if you file a disclosure of your interest in the lightbulb sales with the Town Clerk
and the Board of Selectmen vote to exempt your lightbulb sales from the restrictions of §20.
For more information about restrictions on holding an interest in municipal contracts, contact your city
solicitor or town counsel or the Legal Division of the State Ethics Commission.
Section 20 -- Restrictions on Holding Multiple Municipal Positions
Because the restrictions of §20 also apply to employment contracts, municipal employees are generally
http://www.mass.gov/ethics/suml6.htm 10/13/2004
summary 16 Page 4 of 5
prohibited from holding more than one municipal position. However, there are many exemptions to this
general prohibition. If you are a municipal employee -- regular or "special" -- you may.
1 hold any number of unpaid positions, because you do not have a financial interest in any of the
positions (however, if you hold even one paid appointed position, you must look for other
exemptions);
2. hold any number of elected positions, whether paid or unpaid, because you serve in those
positions by virtue of your election, rather than because of an appointment or employment
contract (however, if you hold even one paid appointed position, you must look for other
exemptions); and
3 in some instances, you may hold more than one paid appointed position, provided that the jobs are
in separate departments (which do not have overlapping responsibilities) and all paid jobs have
been publicly advertised. However, your board of selectmen, board of aldermen, town council or
city council must vote to exempt you from §20, and there are also other requirements you must
meet. For more information, request Advisory No. 7 Multiple Office Holding from the State
Ethics Commission, or contact your town counsel or city solicitor or the State Ethics
Commission's Legal Division.
If you serve in a town with a population of less than 3,500, you may hold more than one position with
the town if the board of selectmen formally approves the additional appointments.
If you are a "special municipal employee", you may also:
1 hold any number of other "special municipal employee" positions, provided that the positions are
with totally independent departments and you file a disclosure of your financial interest in all the
positions with the city or town clerk;
2. hold any number of other "special municipal employee" positions, even if the departments'
jurisdictions overlap, provided that you file a disclosure of your financial interest in all the
positions with the city or town clerk, and the board of selectmen, board of aldermen, town council
or city council vote to exempt you from §20.
Example: As a Cemetery Commissioner, you are a "special municipal employee"
You may also hold "special municipal employee" positions on the Board of Library Trustees and on the
Waterways Commission, because the three positions are completely independent of each other
However, you must file a disclosure of your financial interest (e.g., stipends, per diem payments, salary)
in the positions with the Town Clerk.
If you wish to hold a "special municipal employee" position with the Department of Public Works
(which maintains buildings on the cemetery grounds) or as the town's Tree Warden (who cares for the
trees on the cemetery grounds), you must file a disclosure of your fmancial interest in the positions with
the Town Clerk, and the Board of Selectmen must vote to exempt you from §20.
For more information about holding more than one municipal position, request Advisory No. 7 Multiple
Office Holding from the State Ethics Commission, or contact your town counsel or city solicitor or the
State Ethics Commission's Legal Division.
The definition of "special municipal employee" can be found in Section 1(n) of the conflict of interest
http://www.mass.gov/ethics/suml6.htm 10/13/2004
summary 16 Page 5 of 5
law (G.L. c. 268A). Note that town councils are empowered by G.L. c. 39, §1 to exercise all duties and
powers of boards of aldermen.
Commission Fact Sheets are prepared and issued by the Public Education Division of the State Ethics
Commission. They are intended to provide guidance to public officials and employees concerning
practical applications of the conflict law For further information, contact your town counsel or city
solicitor, or the Legal Division of the State Ethics Commission.
ISSUED• May 1987
REVISED• March 1990
REVISED• January 1991
REVISED• August 1992
Home Educational Materials
http://www.mass.gov/ethics/suml6.htm 10/13/2004
APPENDIX B
POLICY FORM
42
10/19/2005
BOARD OF SELECTMEN POLICY
Ii [TITLE OF POLICY]
Date Approved by BOS Signature of Chair:
I. Background
II. Purpose & Scope
III. Application
PJ Reference.
APPENDIX C
SPECIAL MUNICIPAL EMPLOYEES
43
10/19/2005
Special Municipal Employees
Special Municipal Employee Year
Accessory Apartments Committee
Adams School Conversion Committee
Advisory Committee for Alternative Tax Rev
Advisory Committee on Cable Television
Animal Inspector
Appointed Assessors 1963
Appropriation Committee
Assistant Dog Officer
Auxiliary Firemen
Auxiliary Police
Basketball Supervisor
Board of Appeals
Board of Health
Board of Health Agents
Board of Public Welfare
Board of Retirement
Bridge Charitable Fund Trustees
Burial Agents
By -Laws Committee (authorized by T. Mtg;
CA TV & Communications Committee
Cable Television & Communications Commi 1989
Call Firemen
Capital Expenditures Committee
Census coordinator
Census Takers
Center Revitalization Committee and SubCo
Civil Defense Plan Study Committee
Civil Defense Volunteers
Committee on Cary Lectures
Community Health Committee
Condominium Conversion Board 1987
Congregate Housing Study Committee
Conservation Committee
Constables
Council on Aging
Data Processing Advisory Task Force
Tuesday, March 09, 2004 Page 1 of 4
Special Municipal Employee Year
Deputy Forest Wardens
Deputy of Forest Wardens
Design Advisory Committee
Desk Attendants
Director of Guides
Diving Coach
Dog Officer
Energy Conservation Committee
Fair Housing Committee
Fence Viewers
Field Drivers
Forest Warden
Franklin School Conversion Committee
Gemmel Legacy Income Trustees
Garrity House Committee
Gate Attendant
Gym Attendant
Hanscom Area Traffic Committee
Hanscom Field Commission
HATS II
Hazardous Substance Systems Review Com
Head Lifeguard
Heavy Equipment Noise Study Committee
Historic Districts Commission
Historical Commission
Human Services Committee & Enablement S
Human Services Commmittee and Enabteme
Individuals 1989
Junior Lifeguard
Lexington Arts Council B
Lexington Centel Committee
Lexington Forum on Aging and Advisory Bo 1983
Lexington [lousing Assistance Board
Lex -Recycle Committee
List of Committees/Boards/Commissions 1989
Local Building Code Board of Appeals
Local Building Code Board of Appeals
Management Intern
Meadows Golf Course and Adjacent Land
Memorial Day & Veteran's Day Committee
Tuesday, March 09, 2004
Page 2 of
Special Municipal Employee Year
Metropolitan State Hospital Land Task Force
Minuteman Commuter Bikeway Committee
Minuteman Commuter Bikeway Implemental
Moderator
Morning Field House Supervisor
Mousy School Conversion Committee
North Lexington Road Improvement Study C
01d Age Assistance Bureau
Put -Time Employees 1989
Permanent Building Committee
Personnel Advisory Board
Planning Board
Planning Intern
Playground Instructor
Playground Instructors -Special
Police Manual Policy Committee 1985
Pool Manager
Posture Clinic
Public Weighers
Purchase of Conservation Land and the Acqu
Recreation Clerk
Recreation Committee
Recreation Committee - Subcommittees
Recreation Committee and Subcommittees
Recreation Custodian
Regional Refuse Disposal Planning Committ
Regional School District Committee
Registrars of Voters
School Doctors
School Sites Committee
School Traffic Supervisors
Sealer of Weights and Measures
Selectmen/Town Manager Act Review Com
Selectmen's Advisory Committee on Finance
Selectmen's Committees 1989
Senior Lifeguard
Soccer Aide
Soccer Supervisor
Special Events Aide
Special Needs Leader
Tuesday, March 09, 2004 Page 3 of 4
Special Municipal Employee
Special Needs Supervisor
Specialist
Standing School Building Comminee
Stephen Anderson & Arthur Krieger of Ande 1989
Summer Clerk
Summer Laborer
Swim Aide
Swim Coach
Swimming Instructors
Tau Policy Committee
Tennis Booth
Tennis Clerk.
Tennis Leader
Tennis Slgn-in
Tennis Supervisor
Town Celebrations Committee
Town Manager Appointed Committees 1989
Town Report Committee
Traffic Safety Advisory Committee
Transportation Advisory Committee
Trustees of Public Trusts
Veterans Graves' Officer
Waste Management Committee 1990
Waste Management Task Force
Westview Cemetery Development Committe
Youth Committee and Subcommittee
Year
Tuesday, March 09, 2004 Page 4 of 4