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Town By-Laws

Adopted at June 22, 2020, Spring Town Meeting
Effective September 22, 2020

CATEGORY 2A - Appointment Procedure for Town Committees

2A.1 All Town Boards that are appointed by the appropriate Appointing Authority as determined by Massachusetts General Laws, the Seekonk Home Rule Charter, or by these By-laws, or by a specific vote of a Town Meeting shall be appointed according to the following procedures. The provisions of this section shall apply to all appointments, including ad hoc appointments, made by the Town Moderator, the Board of Selectmen or the Selectmen and the remaining members of an Elected Board who are authorized by Massachusetts General Laws or the Seekonk Home Rule Charter to appoint someone to fill a vacant seat on said Elected Board.

2A.2 As used in this Section, the following terms shall have the following meanings:

• ''Board" shall mean any Board, Committee, Commission or other body of the Town, including Ad Hoc Committees, however named or constituted, which is composed of two or more members and has been or is established pursuant to Massachusetts General Laws, the Seekonk Home Rule Charter, these By-Laws, vote of a Town Meeting or vote of the Board of Selectmen.
• "Appointed Board" shall mean a Board any of the members of which are appointed by an Appointing Authority.
• "Permanent Appointed Board" shall mean an Appointed Board the purpose of which is on-going and is not limited to one or more specifically defined objects culminating in the filing of a report or the completion of an authorized or delegated assignment.
• "Appointing Authority" shall mean the Moderator, the Board of Selectmen or any other officer or Board of officers, or combination thereof, responsible for the appointment of members of an Appointed Board. "Elected Board" shall mean any Board the members of which are elected by all the voters of the Town at a Town Election.

2A.3 A vacancy on a Board due to resignation shall be effective upon receipt by the Town Clerk of notice by the resigning member, pursuant to the provision of MGL c.41, §11 and §109.

2A.4 In the event of a vacancy on an Elected Board, the Selectmen and the remaining members of that Board shall act to fill that vacancy pursuant to MGL c.41, §11, the Seekonk Home Rule Charter or other applicable state statute. The person appointed shall serve until the next annual Town Election at which time they must run for election to fill the remainder of the term of the office to which they have been appointed. The Chairperson of the Elected Board which has a vacant seat shall notify, in writing, the Chairperson of the Board of Selectmen and the Town Administrator of the vacancy.

2A.4.1 In order to attract qualified and interested persons, vacancies will be made public as far in advance as practicable, the chairperson of the Elected Board shall publicize each vacancy by press release, on the Town's website, as well as on Local Access Cable TV.

2A.4.2 First, the Selectmen and the remaining members of that Elected Board shall jointly evaluate the submitted Talent Bank Forms to determine if any candidates are qualified and available to serve on the Board.

2A.4.3 Second, if any qualified candidates exist, the Selectmen and the remaining members of that Board shall jointly publicly interview the candidates and determine if an appointment can be made from this available pool.

2A.4.4 Third, the Selectmen, with the remaining members of that Elected Board, shall fill the vacancy by roll call vote as mandated by the applicable provisions of the Seekonk Home Rule Charter and Massachusetts General Laws.

2A.4.5 Finally, all appointments shall be made on the basis of fitness demonstrated by competency and suitability to perform the duties of the position and the person appointed shall serve until the next annual Town Election at which time they must run for election to fill the remainder of the term of the office to which they have been appointed.

2A.5 If a vacancy occurs in the membership of an appointed board, the Appointing Authority shall appoint a new member to serve for the balance of the unexpired term. The chairperson of the Appointed Board shall notify the appropriate Appointing Authority of the vacancy.

2A.5.1 In order to attract qualified and interested persons, vacancies will be made public as far in advance of appointment as practicable, The Board of Selectmen, Town Administrator and the Chairperson of the Appointed Board shall publicize each vacancy by press release, on the Town's website, as well as on Local Access Cable TV. Members of affected Boards, Committees and Commissions shall have the right to actively recruit individuals for appointment to vacant positions, including the Board of Selectmen.

2A.5.2 First, the Appointing Authority shall evaluate the submitted Talent Bank Forms to determine if any candidates are qualified and available to serve on the Board.

2A.5.3 Second, if any qualified candidates exist, the Appointing Authority shall publicly interview the candidates and determine if an appointment can be made from this available pool.

2A.5.4 Finally, all appointments shall be made on the basis of fitness demonstrated by competency and suitability to perform the duties of the position.

2A.5.5 It will be the responsibility of the Appointing Authority to appoint a qualified candidate as soon as possible.

2A.6 All new appointments to Appointed Boards, including Ad Hoc Committees, will be for a maximum of three years. Reappointments will be made effective July 1 of each year. Reappointments of members of Appointed Boards should consider the attendance and performance of all of the members who are seeking reappointment. If a member had five or more unexcused absences in an appointment year, he/she may be considered not qualified for reappointment.

2A.6.1 Once appointed, the member will receive an appointment letter from the Appointing Authority and report to the Town Clerk to be sworn in to their position.

2A.7 Each Board shall reorganize annually.

2A.7.1 Each Elected Board shall reorganize during the Board's first meeting immediately following the election of its members.

2A.7.2 Each Appointed Board shall organize during its first meeting and thereafter reorganize during the first meeting following July 1 of each fiscal year.

2A.7.3 At that meeting, the Board shall elect a Chairperson, Vice-chairperson and Clerk. Such appointments shall remain in effect until the next annual reorganization or until a vacancy occurs. Whenever a vacancy occurs the affected Board shall meet to elect all officers or to elect a substitute officer, which will remain in place until the next annual reorganization.

2A.8 All Town Boards shall operate under Robert's Rules of Order. Written attendance records will be kept.

2A.9 All Boards shall operate in accordance with the Open Meeting Law (MGL c. 30A §18-25 MGL c. 39, §23ac) and shall keep minutes of their proceedings. Each Board shall establish its own procedures for approval and submission of minutes on a timely basis. Boards are required to prepare, review and approve minutes as expeditiously as possible in order to maximize the public's access to information concerning Board activity. In most instances, the minutes should be reviewed and approved not later than the second meeting following the original meeting date.

2A.9.1 All Boards, immediately after approving minutes or releasing minutes of meetings held in executive session, shall submit a copy of approved minutes to the Town Clerk for filing and for placement on the Town's website. At that time all Appointed Boards shall also submit copies of such minutes to their respective Appointing Authority.

2A.9.2 All rules and regulations adopted by an Appointed Board shall be filed with the Town Clerk. Every Appointed Board shall annually file a report of its activities, in a form suitable for printing in the Annual Town Report, on or before such date as may be fixed by the Selectmen.