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HomeMy WebLinkAbout1978-10-11-BOS Policies and Procedures Manual.pdf POLICIES AND PROCEDURES MANUAL LEXINGTON BOARD OF SELECTMEN 4 POLICIES AND PROCEDURES MANUAL SECTION ONE OPERATING PROCEDURES BOARD OF SELECTMEN Adopted October 11, 1978 Selectmen of Lexington Margery M. Battin, ChaiLwan Alfred S. Busa Mary W, Miley Robert B. Kent James F. Crain Section One Operating Procedures - Board of Selectmen TABLE OF CONTENTS I. The Board of Selectmen A. Authority B. Election and Qualification C. Vacancies D. Organization E. Internal Operation - Members Interaction F. Expense Reimbursement II. Employees of the Board A. Town Manager B. Town Comptroller C. Town Counsel D. Executive Clerk III. Board Meetings A. Meeting Schedule/Notice of Meetings B. Meeting Procedures C. Executive Session D. Special/Emergency/Working Meetings E. Agenda Procedure F. Minutes Section One Table of Contents Page two IV. Advisory Committees of the Board V. Selectmen's Appointments and Approval of the Manager's Appointments VI. Relations With Other Town Boards, Committees and Commissions VII. Relations With Citizens VIII. Employee Grievances IX. Hearings Before the Board A. Dog Hearings B. Utility Hearings X Licenses and Permits Appendix A Advisory Committees to the Board Appendix B Criteria for. Annual Appointments Appendix C. Selectmen's Assignments Board of Selectmen I-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 Town Manager Act of the Town of Lexington and the By-Laws of the Town of Lexington. General References 1. Chapter 41 - General Laws 2. Chapter 753 of the Acts of 1968, Selectmen-Town Manager Form of Government, and as amended 3. Handbook for Massachusetts Selectmen - 12471 r/0RP 64'7rod /97e Mass. Selectmen's Association/Institute for Governmental Services, University of Massachusetts ) Board of Selectmen I-B ELECTION & QUALIFICATION In accordance with the Acts of 1922, Chapter I, the Board shall con- sist 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. Board of Selectmen I_C VACANCIES ON THE BOARD When a vacancy or vacancies occur in the membership of the Board of Selectmen, the Board of Selectmen or 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. (Chapter 753 of the Acts of 1968) (It is recommended that the Board consider recommending the revision of this process the next time the Town Manager Act is amended.) Board of Selectmen I-D ORGANIZATION 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. 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. Responsibilities of the Chairman The Chairman of the Board shall- 1. Preside at all meetings of the Board. 2. Sign official documents that require the signature of his office. 3. Prepare agendas with the Executive Clerk and Town Manager. 4. Arrange orientation for new members. 5. Represent the Board at meetings, conferences and other gatherings unless otherwise determined by the Board or delegated by the Chairman. 6. 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 resolu- tions, to discuss questions and to vote thereon. In the absence of the Chairman the Board shall designate an Acting Chairman. Board of Selectmen I--E INTERNAL OPERATION - 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. 1. Board members will report back via memo on Friday to other Selectmen and Manager on significant meetings or hearings which they have attended on issues on which Board action will later be required. 2. The Chairman will notify Board via memo on Friday if particular strategy or approach is planned for dealing with potentially ex- plosive agenda items. 3. Board members will keep each other informed of all investigations they are conducting or issues they are pursuing that are the concern of the entire Board. 4. Board members agreed not to surprise each other by last minute agenda items about 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. 5. 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. I--F SELECTMEN'S EXPENSE REIMBURSEMENT Incidental Expenses Article VI, Section 2 of the General By-Laws provides that the Selectmen "shall serve without salary or other financial compensation, but shall be allowed and paid Two Hundred Dollars per member per year as reimbursement for the costs and expenses incurred in office." In-State Travel Expenses in connection with in-state travel involving overnight accommoda- tions 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 Manager in a form approved by him within 10 days following completion of the travel. Registration fees may be reimbursed even though the other requirements of this section are not met. Out-of-State Travel Expenses for out-of-state travel may be reimbursed on the same basis as for in-state travel, except that prior approval of the Manager as well as by the Board shall be required. 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 in- terest of the citizens of Lexington. Travel resulting from assignments by County or State-level groups or from commitments accepted by members of the Board that do not meet this criterion should not be considered for reimbursement by the Town of Lexington. If a member of the Board undertakes out-of-state travel as a member and does not seek reimbursement from the Town for expense, he shall disclose to the Board the source of funding for the trip (personal funds, reimbursement by an outside agency, business support, etc.). Adopted November 13, 1978 II-A EMPLOYEES OF THE BOARD The Board of Selectmen shall appoint a Town 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. TOWN MANAGER Appointment The Board of Selectmen shall appoint a Town Manager in accordance with the Town Manager Act. The Selectmen shall set his 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 Town Manager Act, Town By—Laws or any other special or general laws. Powers and Duties The Town Manager shall have the powers and duties as delineated in the Town Manager Act and as required by those sections of the General Laws relat— ing to towns with town manager form of government. The Town Manager shall perform such other duties that, from time to time, may be requested by vote of the Board. He 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 he may deem necessary and expedient. Employees of the Board II-B TOWN COMPTROLLER The Selectmen shall appoint a Town Comptroller in accordance with the Town Manager Act and Chapter 777 of the Acts of 1965 - "An Act Establishing the Office of Comptroller in the Town of Lexington". Powers and Duties The Town Comptroller shall have the following powers and duties: He shall 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 dis- bursement and receipt of all municipal monies and the maintenance of all records in coordination with the treasurer. He shall develop, install, direct and supervise all accounting procedures and practices required by the Town. He shall direct all accounting and financial activities of the Town. He shall review all payroll transactions, invoices for payments, statements of account, accounts receivable and accounts outstanding. He shall perform other duties as required by the applicable sections of the General Laws relating to Town Comptrollers and Town Accountants. Employees of the Board II-C TOWN COUNSEL Appointment 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. Powers and Duties The Town Counsel shall have the powers and duties specified in the General By-Laws of the Town of Lexington. Employees of the Board II-D EXECUTIVE CLERK AND OTHER SECRETARIAL STAFF Appointment 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. Said employees shall accrue, and have credited to their personal account vacation', sick leave and other compensatory time at the same rate as all other comparable employees of the Town. They shall also participate in all other fringe benefits as other comparable employees of the Town. The hiring, performance evaluations and salary reviews for these positions shall conform to the regular Town personnel practices and procedures. Powers and Duties They shall include but not be limited to: 1. Complete, detailed set-up and follow-up (including minutes) of Selectmen's meetings, budget meetings and special meetings of the Selectmen, includ- ing scheduling D.P.W. hearings as part of regular Selectmen's meetings. 2. 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. 3. All secretarial work for Town Counsel and members of the Board, including processing requests for payments under Town Meeting Articles. 4. Liaison with the public on all personal and telephone contacts. 5. Prepare warrants for Annual Town Meeting, Special Town Meetings, Primaries and Elections; arrange for printing and delivery of same. Employees of the Board II-D Executive Clerk Page 2 6. Handle all dog complaints and set up hearings as required. 7. Process applications and issue license, i.e. , taxicabs, auctioneers, common victualler, guides, all liquor licenses, theatres, etc. 8. Prepare list of annual appointments. 9. Prepare jury list 10. Schedule Board appointments and hearings on requests from Boston Edison Company and the New England Telephone Company for pole and conduit installations (all clerical work necessary prior to and following hearings to be handled by D.P.W. - see below). 11. Prepare budgets for Selectmen's Office, Law Expenses and Fees, Elections and Town Meeting Warrant expenses. 12. Notarize documents for the Board of Selectmen. Process liquor identification cards. Purchase Selectmen's office supplies. File all Selectmen's correspondence. Certify the Selectmen's Office payroll. III-A BOARD MEETINGS MEETING 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 other- wise determined. The Board shall not meet on days designated as Legal Holidays. Meetings falling on a Legal Holiday are cancelled or rescheduled at the discretion of the Board. NOTICE OP 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. Board Meetings III-B MEETING PROCEDURES Meetings are to be conducted in accordance with generally accepted rules of parliamentary procedure. It is the practice that application of such pro- cedure 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 of definition. A quorum shall consist of three members of the Board.. As a practical courtesy, action on critical or controversial matters, the adoption of policy or 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. The Board will normally defer the signing of documents until the close of the meeting. Staff Members in Attendance at Board Meetings 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. 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 his office. He shall carry out the actions of the Board as they relate to the conduct and administration of Town affairs under his jurisdiction. Board Meetings Meeting Procedures III—B Page 2 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. Recordings According to law, any person in attendance at any Selectmen's open meet— ing may record the meeting by any means of sonic reproduction, provided that there is no interference with the conduct of the meeting. Board Meetings III-C 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 whial Executive Session is sought. Before the Execu- tive Session, the Chairman must state whether or not the Board will reconvene in Open Session. Executive Session Votes All votes taken in Executive Session shall be recorded roll call votes made part of the records of the Executive Session. Executive Session Records The Board must maintain accurate records of both Open Meetings and Executive Session. As a minimum, the records must set forth "the date, time, place, mem- bers present or absent and action taken". Executive Session records shall remain secret only "so long as the publication may defeat the lawful prupose of the Ex- ecutive Session, but no longer". Thereafter they shall he open to the public. Board Meetings III-D SPECIAL/EMERGENCY/WORKING MEETINGS 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. Special Meetings may be called by the Chairman or any member of the Board, through the Executive Clerk, provided that all Board Members are no- tified and that a majority of the members agree to meet. EMERGENCY MEETINGS In a situation where immediate action is deemed by the Board to be imperative an "Emergency Meeting" may be 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" shall be posted as much in advance of the meeting as possible. WORTHING 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 be taken. A synopsis of trans- actions of informal meetings will be made a part of the minutes of the following regular meeting. Board Meetings III-E AGENDA PROCEDURE 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, inter- view, conference or other scheduled item of business and shall confirm all appointments including time allotted. Timing All items for the agenda must be submitted to the Chairman by twelve noon on the Friday preceding the meeting. Items of emergency or strictly routine nature that develop after clos- ing of the agenda may be considered under "other business". Format and Content Agenda items normally include. 1. Call meeting to order - 7:30 p.m. 2. Approval of minutes of previous meetings. 3. Selectmen's routine actions: Draw jurors; sign notes for borrowing, hearings for licenses permits, sign pole locations, appointments or approval of manager appointments. 4. Appointments with Town boards, committees, commissions. 5. Appointments with citizens. 6. Manager's report. (Items requested by Manager and all other items pertaining to operations of departments under direction of the Manager.) 7. Town Counsel Report Board Meetings Agenda Procedure III-E Page 2 8. General business. (Items of a general nature that do not fall under any of the categories) 9. Selectmen's policy action or review. 10. Other business. 11. Executive Session. The order will be determined by the Chairman. Where possible, Items 3 and 8 will be considered only at the first and third meeting each month. 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 must accompany all subject matters or items to appear on the agenda. Members of the Board, staff, Town Manager or others who prepare back- ground material for the meeting should make an effort to have such material available for Friday afternoon distribution. 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 re- quest the tabling of the item to allow careful study of the material presented or the motion proposed. Posting and Delivery The agenda shall be available to the public and the press at the Select- men's office the Monday morning of the meeting date and shall be posted at the Town Office Office bulletin board that same morning. Also, the official weekly agenda Board Meetings Agenda Procedure I±I-E Page 3 will be available to the Selectmen and Town Counsel at 4.30 p.m. on Friday afternoon. Copies of the minutes of the previous meeting and all important correspondence, reports and other pertinent background materials shall be for- warded 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. Additional copies of the agenda shall be available in sufficient quantity to distribute to those requesting a copy and to the people in attendance at the meetings. 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. Board Meetings III-F MINUTES 1. The executive clerk shall record open meetings of the Board by tape re- corder, shall draft minutes and shall distribute such minutes to each Selectman not later than the second Friday following each meeting. 2. 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 re- quest 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 to minutes otherwise in order for approval, without advance circulation of such corrections. 3. Minutes shall contain a full 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 be reproduced from the taped record on request of any member. 4. Approved minutes shall be recorded in a Minutes Book which shall be indexed when filled to capacity. 5. Minutes of executive sessions shall be separately kept and recorded in accordance with the above procedures. 6. 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. 7. Minutes (other than of executive sessions) are open for public inspection. 8. Taped records of open meetings shall be preserved three months after approval of the minutes at which time they will be destroyed unless other- wise voted by the Board. IV ADVISORY COMMITTEES OF THE BOARD OF SELECTMEN The Board may appoint standing or ad hoc 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 pro- cedures 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 and minutes. The Board will discharge committees upon the completion of their work. The charges and membership of standing advisory committees shall be re- viewed periodically -- at least annually -- to assess the necessity and de- sirability 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. It is the policy of the Selectmen to appoint qualified citizens repre- senting all sections of the town to all such advisory committees. The Board will normally appoint no individual to more than one standing advisory commit- tee at any one time. In order to attract qualified and interested persons, vacancies will be made public as far in advance of an appointment as practicable. A citizen re- source file form will be available in the Town Manager's office and distributed with the town report so that any citizen interested in participating in activi- ties of this nature or in otherwise making a contribution to the town govern- ment may record his background, areas of interest and availability. A description of present standing advisory committees and their membership may be found in the appendix. V. SELECTMEN'S APPOINTMENTS AND APPROVAL OF MANAGER'S APPOINTMENTS SELECTMEN'S APPOINTMENTS 1. Expiration date for appointments is May 31, or until a successor is appointed and qualified, with the exception of the following: Historic Districts Commission, expiration date January 1 in accordance with G. L. Ch. 447, S. 4. Registrars of Voters, expiration date March 31, in accordance with G. L. Ch. 51, S. 15. Town Celebrations Committee, expiration date April 30 (Town By-Law) Election Officers between July 15 and August 15 in accordance with G. L. Ch. 54, S. 12. 2. The Board of Selectmen will be generally guided in its appointments by the criteria developed by the Appointment Criteria Committee (see appendix) . Whenever possible the Board will seek variety in backgrounds, interests, ages, sex 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. The Selectmen will publish in the local newspaper a list of the projected committee and board openings for the coming year, together with a brief description of each board's function and a copy of the Citizen Resource file form which can be filled out and returned to the Manager's office. The Citizen Resource file form will also be distributed in the Town Report and made available at the Manager's Office. The Resource File will be maintained throughout the year by the 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 3. The Selectmen's Executive Clerk will: a. Present, at the first regular meeting following the adjournment of the Annual Town Meeting, a list of the appointment vacancies to Selectmen's Appointments V. Page 2 be filled by the Board. b. Notify the chairman of the appropriate board or committee request- ing recommendations regarding reappointment or the filling of vacancies. c. Notify incumbents and request their statements of availability regarding reappointment. 4. The Selectmen may meet with potential new appointees before making a final decision on the appointment. Appointments willnormally be made only when all members of the Board are present. Appointments will. be made by a majority vote of the Selectmen. 5. Annual appointments shall be completed by May 31 or the statutory ex- piration date. 6. Appointments to fill an unexpired term shall normally take place no a later than one month after the Board has been formally notified by the Town Clerk that a vacancy exists. TOWN MA:NAPER'S APPOINTMENTS WITH BOARD OF SELECTMEN APPROVAL Under the Selectmen-Town Manager Act and other applicable laws, the Board must approve the Town Manager's appointments to: The Board of Health Conservation Commission Recreation Committee Council on Aging Youth Commission Historical Commission 1. Individual Selectmen should feel free to suggest names of qualified residents to the Town Manager for the Boards and Committees appointed Selectmen's Appointments v. Page 3 by him. The Town Manager is not obligated to follow these suggestions or recommendations. 2. As a matter of procedure, appointments by the Town Manager shall be made in the following manner: a. The Town Manager shall notify members of the Board six weeks prior to the vacancy becoming effective, or term of appointment expiration. b. The Town Manager will publicize his annual appointments and the filling of vacancies in the same manner to be followed by the Board in its appointment procedures. (see 2 above) c. The Town Manager will submit his nominees to the Board no later than one week prior to the regular Board meeting at which he will seek Board approval. d. 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. e. Annual appointments shall take place no later than the expiration of a term. f. Appointments to fill an unexpired term shall take place no later than six weeks after the Town Manager has been formally notified by the Town Clerk that a vacancy exists. VI 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 townwide goals and priorities, 2.) identify and anticipate major problems and plan for their. resolution, 3.) develop a process for dealing with state and county government. Therefore, as the executive board historically responsible for the over- all leadership and coordination of town affairs, the Selectmen will: 1. 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. 2. Regularly schedule meetings of the Selectmen, finance committees and school committee with Lexington's State Legislators to discuss legis- lative issues which affect Lexington. 3. The Town Manager is responsible for interboard 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, revitalization of the center. 4. Appoint certain members of the Board of Selectmen to act in the liai- son role defined above. Relations With Other Boards VI Page 2 The Selectmen assigned to a liaison function shall keep the Board of Se- lectmen advised of significant developments and activities and specific Select- men decisions and advice required and sought. (See appendix for current assignments). 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 seven (7) copies of all pertinent material related to the subject matter to be discussed to the office of the Board of Selectmen, by Friday 12:00 Noon prior to the scheduled appointment. The executive clerk of the Board will notify those re- questing 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; the Board will hold such meeting as scheduled even if it means that the Board must come back into open session to complete the Board's agenda. VII 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 in- crease citizen participation, encourage citizen input into governmental de- cisions 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: 1. The Selectmen will hold four of their regular meetings at evenly spaced intervals in four quadrants of 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. (For possible adoption after trial period.) 2. An individual citizen or group of citizens may request an appoint- ment before the Board by making a request in writing to the execu- tive clerk of the Board, stating precisely the reason for the appear- ance 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 under- standing of the subject matter. 3. Persons who will be affected by proposed Board discussion and/or action will be notified by the executive clerk of the date and time Relations With Citizens VII Page 2 of meeting at which the matter will be discussed or acted upon by the Board. 4. If the Board is considering matters of citizen concern at a regular meeting, the public will be allowed to ask questions or make state- ments relative to the matter under consideration at the discretion of the Chairman or upon request of any member of the Board. 5. 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 prompt attention by the Board should be referred to the Chairman for inclusion in the next meeting agenda. 6. All other questions and all complaints are to be referred to the Manager's office for action or recommendations. In those instances where common sense dictates that the Board member receiving the complaint deal directly with a department head, the Board member should inform the Manager of the issue and its disposition. VIII 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; the Board may defer such meeting until other remedies have been exhausted. IX 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 procedure for conducting dog and utility hearings are hereinafter outlined: 1. Agenda: Upon receipt of a request for a hearing, the hearing will be normally included in the agenda for a regular meeting, except for dog hearings which will be scheduled at the direction of the Selectman designated to hold the hearing. 2. 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. Hearing Procedures: 1. Hearings will be held in open session unless otherwise voted by the Board in compliance with the Open Meeting Law. 2. 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. 3. The order of presentation will be: a. Statements by proponents b. Receipt of recommendations from any Town agency or officer c. Statements by opponents d. Rebuttal statements by proponents and opponents e. Where appropriate, questions may be asked of any person making a statement after the statement is finished. Questions will be accepted first from members of the Board. Hearings Before the Board IX Page 2 4. The Board may permit persons not desiring to speak to record them- selves as in favor or against the proposal. In the discretion of the Board a show of hands may be taken. 5. At the conclusion of the hearing the Board may render its decision or take the matter under advisement, announcing the intended date of decision. Hearings Before the Board IX-A PROCEDURE FOR CONDUCTING DOG HEARINGS 1. Written complaint must be filed with Board of Selectmen. a. Complaint should describe and name dog and fully identify owner. b. Complaint should specify why and how the dog is considered to be vicious - USE FORM LETTER. Specify times and dates and reasons. 2. Hearing (This is an action of Board of Selectmen based on the complaint) a. Read complaint - fully identify and describe dog. Read law under which hearing is being held. Chapter 140 . b. Swear in all who are to testify. F Identify dog. c. Take testimony from complainants - directly question as to why dog is considered vicious or dangerous. Are they fearful of dog? Is there excessive barking, etc.? d. Take testimony from owner and/or others speaking on his behalf. e. Hear reports from dog officer and/or health officer -- make sure dog is fully identified here. Picture of dog if possible. Hearings Before the Board IX—B PROCEDURE FOR CONDUCTING UTILITY HEARINGS 1. Open hearing upon petition of New England Tel & Tel. Co. and/or Boston Edison Company for permission to install underground conduit or locate/ relocate poles. 2. Notices have been sent to abutters, as shown on plan of petitioner(s) and also filed with Public Works Dept. 3. Recognize representative of utility company. 4. Read recommendation from Director, DPW/Eng. 5. Questions Board of Selectmen 6. Questions Public 7. Ask if anyone else is present in favor or in opposition a. If opposition, questions Board of Selectmen b. If opposition, questions public 8. Hearing closed. LICENSES AND PERMITS The Selectmen are designated the local licensing authority for most general projects and purposes. State law refers to over 50 kinds of licenses which may be issued by the Selectmen. Licenses and Permits Procedures 1. Scheduling' Licenses and permits will be scheduled by the Selectmen's r/' Executive Clerk for first and third meetings of each month. 2. Applications: Applications for licenses and permits will be available in the Selectmen's Office. 3. Processing: Upon payment of the appropriate fees the Selectmen's Office will be responsible for processing all applications. 4. Attendance at Meeting: 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. On the next page is a list of licenses most frequently issued by the Lexing— ton Selectmen, where they appear in the General Laws, fee allowed by statute and the fee charged by the Town. APPENDIX B POLICY ON CRITERIA FOR ANNUAL APPOINTMENTS The Board of Selectmen voted on February 28, 1977 to adopt the following criteria for the selection of members for appointment to the Board of Appeals, Town Celebrations Committee, Historic Districts Commission, and the Trustees of Public Trusts: Nature of the Criteria The Appointment Criteria Committee discovered very early in the process that it would be advisable to recommend two categories of criteria for each group, one to be used in the selection of individuals and the second to be employed in considering the board or committee as a whole. Secondly, it decided to submit a set of criteria which should be applied to all appointments to any of the committees it was considering. Third, it emphasized that it drew up its recommendations without refer- ence to any particular individuals but rather with an eye to general public policy. Finally, the Committee would point out that, in the final analysis, it is up to the Selectmen to determine how these criteria are to be applied in specific individual cases. General Criteria People invited to serve the town by becoming members of its important non-elected committees, boards and commissions should: Be people of competence, good will and sound, objective judgment.. Be drawn from new and long-time residents alike. Be truly interested in the welfare of Lexington and all its residents. Be sensitive to the long-term as well as the immediate impact of their decisions and recommendations.. Be willing and able to devote the time and energy necessary to fulfill their responsibilities. Furthermore, the ACC particularly urges that special attention be given to townspeople of talent and dedication who are not readily visible as part of the "establishment," however defined; that the board make a special effort to seek out and recruit interested individuals and that it consider the crea- tion of formal mechanisms to carry out such recruitment. Specific Criteria Board of Appeals Individual 1. Shall have had significant experience and activity in town affairs related to matters within the. purview of the board of appeals as evidenced, for example, by: Membership on major town boards such as selectmen, planning Appendix B Policy on Criteria for Annual Appointments Page two board, conservation commission. Town meeting membership. Significant involvement in land-use related community activities, including especially zoning matters. 2. Shall have lived in Lexington for at least eight years. The ACC (Margot Tutun voting "No") , departed to some degree from its general policy in suggesting this residency requirement for the board of appeals because it felt that the power and impact of this particular board is so far-reaching that special emphasis should be placed on experience and proven qualities of fairness and balanced judgment. 3. Shall have been an associate member for at least two years. 4. Shall have no major land-holding interests in Lexington. 5. If a full member, shall not hold membership on any other major boards, i.e. , planning board, board of selectmen, school committee, historic districts commission, appropriation committee. 6. If a full member who has served consecutively for the equivalent of two full terms (10 years) , or more, shall not be reappointed until after a lapse of at least one year. Collective 1. It is highly desireable that the Board of Appeals should include people with various specialties, including especially: Engineering background. Legal training and experience. Environmental and/or conservationist experience. Architectural and/or design training. Town Celebrations Committee Individual 1. Shall have specifically demonstrated the capacity to work well with others. 2. Shall have specifically demonstrated organizational ability. 3. If he or she has served consecutively for the equivalent of three terms (nine years) , or more, shall not be reappointed until after a lapse of at least one year. Collective 1. It is highly desirable that the town celebrations committee in- clude people who: Have specific knowledge of Lexington's history and historic celebrations. Are younger citizens. Represent Lexington's newer residents. Have good working relations with the Minute Men and ex- perience in planning joint observances with them. Historic Districts Commission Individual 1. Shall have demonstrated a dedication to historical heritage, to Appendix B Policy on Criteria for Annual Appointments Page three historical preservation, to the special townscape of Lexington and to the concept of architectural compatibility. 2. If a full member who has served consecutively for the equivalent of two full terms (10 years) or more, shall not be reappointed until after a lapse of at least one year. Collective 1. It is highly desirable that the historic districts commission include people who: Have legal training and experience. Have historical training or experience. Have training in architecture, architectural history and aesthetics. Have training and/or experience in graphic design.. Isa local businessman.. Trustees of Public Funds (Bridge Charitable Fund, Gammell Legacy Income Trustee, Trustees of Public Trusts) Individual 1. Shall have demonstrated a working knowledge and understanding of the financial markets, and meet the standards of "prudent man" provisions. 2. If he or she has served consecutively for the equivalent of two terms (twelve years) or more, shall not be reappointed until after a lapse of at least one year. Collective 1. It is highly desirable that the trustees of public funds shall include people who: Have legal training and experience. Have investment experience. Have an interest in and experience with the use and disoersa1 of funds. • cc: Board Members Town Manager 8/8/77 X Licenses and Permits - Page. 2 FEE SCHEDULE Statute, Fee Fee Charged License Allowed by Town Comments Alcoholic Beverages Package Goods Stores Ch 138, S 15 - Not less $2,000* than $200 00 nor more than $2,000 00 Restaurants Ch 138, S 12 - Not less $3,000* Seating capacity of than $500 00 nor more than 99 required All $5,000.00 alcoholic beverages only Innholder Ch 138, S.12 - Not less $3,000* Seating capacity of than $500 00 nor more than 99 required. All $5,000 00 alcoholic beverages only. Clubs Ch 138, S 12 - Not less $ 350* than $200 00 nor more than $5,000 00 Special Liquor License Ch. 138, S 14 - Fee fixed $ 25 Issued to non-profit by local licensing authority organizations only All alcoholic bever- ages only TAxicab License Ch 40, S 22 - $1.00 $ 1 Per cab_ , Taxicab Drivers Ch. 40, S 22 (new) $ 5 Fee set by Town (ren) $ 3 Common Carrier Ch. 40, S 22 - $1 00 $ 1 Auctioneer License Ch 100 S 2 - $15.00 $ 15 Must be resident 6 months Special Auctioneer Ch 100 S 2 - $10.00 $ 10 $10 00 fee for each License day specified on license Class I Agents Ch 140, S 59 - Not to $ 25 exceed $50 00 ,, Class III Agents Ch 140, S 59 - Not to $ 25 exceed $50 00 Guide License $ 1 Fee set by Town ' Must be 14 years of age, have parents' consent and pass test given by Guide Direc- tor * Liquor fees increased by the Board on October 4, 1982 within the guidelines allowed under Ch 351 of the Acts of 1981, Section 67 and Section 68. R. 2/17/83 X Licenses and Permits Page 3 Statute, Fee Fee Charged License Allowed By Town Comments Common Victualler Ch. 140, S.2 - Not more $15.00 than $25.00 Lodging House Ch. 140 S.22 - Not to $15.00 exceed $20.00 Innkeeper Ch. 140, S.2 - Not to $5.00 exceed $5.00 Entertainment Ch. 140, S183A - Not to $5.00 Sundays excluded exceed $5.00 Gasoline Storage Ch. 148, S.13 $100.00 Initial license 50.00 APPENDIX A Selectmen's Advisory Committees Appointment Criteria Committee School Sites Conversion Committee Dan H. Fenn, Jr. , Chairman Mary W. Miley, Chairman Guy W. Doran Robert M. Hutchinson, Jr. Judith B. Marshall Iris G. Wheaton Frank H. Totman Otis S. Brown, Jr. Margot T. Tutun Frank Fields Weiant Wathen-Dunn William T. Spencer Cable Television, Advisory Committee on Senior Center Site Committee William R. Page, Chairman Joseph 0. Rooney, Chairman Howard Cravis C. Harry Erickson Sandra Small Jane M. Stumpp John E. Ward Martha C. Wood Martha C. Wood Leslie H. York Peter D. Shapiro William J Sen Johanna Mollo-Christensen Lexington Forum on Aging Mark Moore, Jr. William R Page, Chairman Marilyn H. Waehler Peter F. Davison Edward D. McCarthy Judith A. Laster Frayda F. Cooper Sewer Advisory Committee Robert B. Kent Katherine G. Fricker, Chairman Jacob B. Gardner George F. McCormack Alice A Shafer Dr. Kenneth W Nill Hugh C. Kent Gordon E. Barnes, Jr. Richard J. Rycroft. Personnel Advisory Board David Laredo John B. Butler, Chairman Charles J. Code, Jr. Joanne G. Small W. Neil Chapman Solid Waste Advisory Committee Frank Hazel James P. Reilly, Chairman Harold S. Page Joyce Hals Iris G. Wheaton Police Manual Policy Committee William J. Martin Robert B. Kent, Chairman Susan S. Solomon Chief James F. Corr Fred C. Bailey William C. Hays Warren A. Empey Alexander J. Cella Robert M. Hutchinson, Jr. Leroy Keith Hugh M. Chapin Irving H. Mabee Appendix A Selectmen's Advisory Committee Page 2 Town Report Committee Sam V. Nablo, Co-Chairman Erna S. Greene, Co-Chairman George E. Cooper Rev. Harold T. Handley Frank H. Totman Tasha Totman Raymond J. Culler Louis A. Zehner Traffic Safety Commission Peter M. Chalpin, Acting Chairman James F. Corr Kenneth G. Briggs John T. Blackwell Fred D. Rosenberg Robert Trask James J. Lima, Jr. Transportation Advisory Committee Joyce Hals, Chairman Frayda F. Cooper Thelma U. Marin William J. O'Neil John F. Lahiff Paul S. Rempfer Alfred G. Vigderman Jeffrey H. Albert, Ph.D. Webb Sussman Margaret Olsen Laurence P. Chait Sally Castleman Fred D. Rosenberg APPENDIX C Selectmen's Assignments Mr. Busa Dog Hearing Officer Housing Committee CATV Committee Mrs. Miley' Middlesex County Advisory Board Representative School Sites Conversion Committee Board of Appeals Decisions Mr. Kent. Legislative Liaison (State Legislators) Executive Committee of Library Trustees Police Manual Policy Committee Lexington Forum on Aging Mr. Crain. Human Services Liaison Center Revitalization Study Intra-town Transportation Proposal Goals and Priorities Process Mrs. Battin: MAPC Liaison Liaison Mass. Municipal Associations Goals and Priorities Process