[HISTORY: Adopted by the Special Town Meeting of the Town of North Reading 3_12_1973 by Art. 2, approved 10_11_1973. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency management __ See Ch. 57.
Licenses and permits __ See Ch. 104.
Town Meeting __ See Ch. 172.
ARTICLE I
General Provisions
~ 5_1. General powers of Selectmen.
The Board of Selectmen shall have and exercise a general superintendence over all matters affecting the interests or welfare of the Town.
~ 5_2. Claims and suits involving the town.
A. Settlement of claims. The Board of Selectmen shall have full authority as agents of the Town, after consultation with the Town Counsel, to settle any claims or suits against the Town which, in their judgment, cannot be successfully defended when the sum to be paid does not exceed the sum of one thousand ($1,000) dollars.
B. Prosecution of and defense against suits. The Board of Selectmen shall have full authority as agents of the Town, after consultation with the Town Counsel, to institute and prosecute any and all necessary suits and proceedings on behalf of the Town, and to appear and defend any and all suits and legal proceedings against or involving the interests of the Town.
C. Annual report. The Selectmen, in their annual report, shall state what actions have been brought against and on behalf of the Town, what cases have been compromised or settled, and the current standing of all suits at law involving the Town or any of its interests.
~ 5_3. Traffic rules and orders.
The authority to enact traffic rules and orders is delegated to the Board of Selectmen by virtue of Chapter 40, Section 22 of the General Laws.
~ 5_4. Maintenance of regulations and bylaws.
It shall be the duty of the Town Administrator to, at all times, maintain an up_to_date, complete, approved set of written rules and regulations for all departments, boards, committees, commissions, or offices having regulatory powers and an up_to_date, complete, approved set of the General By_laws, a copy of which shall be on file with the Town Clerk. Said copy shall be kept current, shall contain all revision and approval dates, and shall be available to the public for a fee to be set by the Board of Selectmen.
~ 5_5. Duties of all officers and boards.
In addition to the duties fixed in these by_laws, all officers, boards, committees, and commissions shall have the duties imposed upon them by law by virtue of their office.
~ 5_6. Mutual aid.
The police and fire departments are hereby authorized to go to the aid of another city or town at the request of said city or town.
ARTICLE II
Appointments
~ 5_7. Authority of Selectmen.
A. The Board of Selectmen shall make all necessary appointments as provided by charter or Town by_law or as deemed necessary by the Board of Selectmen for the conduct of business by the Town within sixty (60) days of the final session of the October Town Meeting, except as otherwise provided by the General Laws of the Commonwealth.
B. This section not to be limiting upon the Board of Selectmen so as to prevent appointments when deemed necessary by the Board of Selectmen after the expiration of the sixty (60) day period as set forth above.
~ 5_8. Notification of appointment. [Amended 10_8_1981 ATM by Art. 16, approved 3_2_1982]
The appointing authority, upon making an appointment, shall immediately provide each newly appointed member with a written notification of his appointment, such notification to include the name of the board, committee, or commission, its function and responsibilities, and the names of its current members, and shall also notify the Town Clerk in writing of such appointments.
~ 5_9. Posting of names.
The Town Clerk shall post, in a prominent place in the Town Hall, a list showing the current members of all Town boards, committees, or commissions, elected or appointed.
~ 5_10. Vacancies.
A. If a vacancy occurs on any board, committee, or commission created by the Town Meeting, such vacancy shall be filled by a majority vote of the Board of Selectmen and the committee involved, and they shall give notice in writing to the Town Clerk of such action, said notice to state the name and address of the new member or members.
B. It shall be the duty of the Board of Selectmen to call the joint meeting for the purpose of filling the existing vacancy. Said meetings shall be convened within sixty (60) days of the vacancy, and said meetings shall be convened by the Board of Selectmen.
ARTICLE III
Committees, Boards and Commissions
~ 5_11. Officers.
A. The first member named to a committee, board, or commission is its chairman pro tem, and it is his duty to call together the committee, board, or commission and preside at meetings until the committee, board, or commission, by a majority of its number, elects a chairman, which it shall do unless the appointing authority has appointed a chairman.
B. The committee, board, or commission, by a majority of its number, shall elect a secretary and other officers as it deems necessary.
~ 5_12. Quorum.
The quorum of a committee, board, or commission, shall be the majority of its existing members, unless the committee consists of twenty (20) members or more, in which case the committee, board, or commission shall vote to adopt a number, which may be a smaller number.
~ 5_13. Conduct of meetings.
A. The committee, board, or commission will vote to adopt a schedule of meeting dates, such dates to be filed with the Town Clerk for posting in the Town Hall by the elected secretary.
B. If the chairman is absent or, for any cause, fails or declines to call a meeting, the committee shall meet on the call of any two (2) of its members.
C. The committee, board, or commission is able to act only if a quorum is present.
D. If any member of the committee, board, or commission, by consistent absenteeism, interferes with the conduct of business, it shall be the duty of the chairman to notify the appointing authority.
E. The precedence of motions as set forth in Chapter 172, Town Meeting, ~ 172_10 of these by_laws shall govern.
F. Issuing of reports, procedures for the conduct of business, and all other rules not specifically mentioned in these by_laws shall be done in the manner described in Robert's Rules of Order.
ARTICLE IV
Records and Reports
~ 5_14. Meeting records; filing of reports.
All committees, boards, commissions, or any other group or individual appointed by Town Meeting, Moderator, Board of Selectmen, or any other authorized appointing authority shall:
A. Keep records of all meetings, such records to be a summary account of all proceedings conducted, including all votes taken, except as otherwise provided by charter. A copy of these records shall be filed with the Town Clerk, the Board of Selectmen, and any other appointing authority within ten (10) days of such meetings. This section shall not apply to budgetary deliberations of the Finance Committee.
B. Prior to dissolution, file a final report with the Town Clerk, the Board of Selectmen, and the Town Administrator for inclusion in the Town's annual report.
C. In the event that the committee, board, or commission is a continuing one, file a report each year to be published in the annual Town report. Such report shall be submitted to the Town Administrator on or before the third Monday in January.
~ 5_15. Acceptance of reports.
A vote to accept a report of any committee, board, or commission, or the publication of said report in the annual Town report, shall not be considered as an adoption or approval of any recommendations included in said report without the expressed vote duly passed by Town Meeting to that effect.
~ 5_16. Transfer of records.
In the event that the person holding the position of secretary to a committee, board, or commission is changed, the outgoing secretary shall place all records in her care in the custody of the Town Clerk for transfer to the incoming secretary.
~ 5_17. Annual reports.
The annual printed reports of the officers of the Town shall be made and published by the Board of Selectmen. These shall include reports of all town officers and others, committees, boards, commissions, and trustees. Report of the Town Clerk shall contain a copy of his record of all Town Meetings held since publication of the last annual report. Town Accountant's report shall show all monies received into and paid out of the town treasury in the preceding fiscal year, by appropriation category and salaries in summary form. The accountant shall also report all other matters as are required by law to be contained therein or as may be requested by the Board of Selectmen under the discretion granted them by law. Such report shall be completed and copies readied for distribution at the office of the Town Clerk and such other places as
may be designated by the Board of Selectmen prior to the April Town Meeting.
ARTICLE V
Town Counsel
~ 5_18. Appointment and removal.
A. Appointment. The Board of Selectmen shall annually, in the month of June, appoint a Town Counsel who shall be an attorney_ and counselor_at_law. He shall hold office for the term of one (1) year from the first day of July following and until his successor is appointed and qualified.
B. Removal. The Board of Selectmen shall have the power to remove the Town Counsel at any time if, in their judgment, the interests of the Town so require; and, in the case of a vacancy in the office, the Board of Selectmen shall fill the same by a new appointment.
~ 5_19. Powers and duties.
A. General. The Town Counsel shall act as the legal advisor of the Town, except in cases in which the Town Meeting or Board of Selectmen may authorize or require him to secure the advice or services of additional counsel.
B. Legal instruments. It shall be the duty of the Town Counsel to examine or cause to be examined all titles to property in which the Town may acquire an interest; to draft all deeds, obligations, contracts, bonds, leases, conveyances, agreements, and other legal instruments of whatever nature which may be required by any by_law, vote, or action of the Town or any board, committee or commission, or officer to which the Town or its agents may be a party, and which, by law, usage, or agreement, the Town is to be at the expense of drawing. All votes for the laying out, discontinuance, change, or improvement of streets or ways, for the taking lands for any municipal purposes whatever, for the assessment of betterments, and all other forms of assessment, shall be drawn by him or under his
direction and approval.
~ 5_20. Employment of other counsel. [Amended 10_17_1977 ATM by Art. 14, approved 2_28_1978]
No Town officer or an elected or appointed board, committee, or commission, except the School Committee, shall retain for any monetary consideration the services of any attorney_ or counselor_at_law other than the Town Counsel with regard to any Town business, provided, nevertheless, that by a majority vote of the Board of Selectmen or a majority vote of a Town Meeting, other counsel may be provided for any Town officer or board, committee, or commission requesting the same.
ARTICLE VI
Contracts
~ 5_21. Bond required for certain contracts.
Every contract for construction work, whether for alterations, repairs, or original construction, the estimated cost of which amounts to two thousand ($2,000) dollars or more shall be accompanied by a suitable bond for the performance of the same, or by deposit of money or security to the amount of the estimated cost.
~ 5_22. Division of contracts.
No bill, contract, or lease shall be split or divided for the purpose of evading any provision of this chapter.
~ 5_23. Payment by private persons.
A. No board, committee, commission, or officer having charge of any work or services, the payment for which is in any part to be contributed by private persons, shall perform such work or services until a sum has been deposited with the Town Treasurer based upon estimates made in writing by the committee or officer in charge sufficient to cover the payment of that portion of work or services chargeable to such private persons. The Town Treasurer shall issue a receipt for the amount deposited which shall be presented to the committee or officer in charge before such work or services may begin.
B. This by_law may be waived when the nature of the work or service makes advance payment impossible, such as emergency services, including ambulance service and emergency water repairs, or for a continuing service such as water supply.
ARTICLE VII
Town Property
~ 5_24. Listing of town_owned land.
A. The Board of Selectmen shall annually make a written report to the citizens of the Town of all Town_owned land in the annual Town report, said report to indicate the general location and approximate area of all parcels together with the primary use of the named parcels at the time of the report.
B. In the case of land acquired by the Town in lieu of taxes, such land shall be so designated as tax title land, together with its approximate location and area.
C. When a parcel of land is under the control or supervision of a board, committee, or commission, or anyone other than the Board of Selectmen, this too shall become a part of the listings.
D. The listing shall also include description and disposition of land acquired and sold since the time of last report, as well as all parcels owned at the time of and sold since the time of last report.
~ 5_25. Sale of land. [Amended 4_23_1979 ATM by Art. 21, approved 5_18_1979; 10_8_1981 ATM by Art. 16, approved 3_2_1982; 10_5_1992 ATM by Art. 9, approved 1_6_1993]
A. Requests to sell land. Upon the written request of any person made to the Board of Selectmen that the Town consider disposing of specific parcel(s) of land owned by the Town, the Board shall cause an evaluation of the Town's need for the subject land to be made as set forth in Subsection B; and based on that evaluation, the Board shall determine whether the land is to be retained or sold. Such written request shall state the use the requesting party intends for the land.
B. Municipal review. Prior to the Board of Selectmen making a determination as set forth in Subsection A, an information file shall be prepared which shall contain a complete description of the land, the fair market value of the land and a list of unpaid taxes and liens, if any. The information shall be distributed to the Community Planning and Conservation Commissions, the School, Finance, Recreation and Housing Partnership Committees, the Housing Authority and any then current committees whose charges relate to use of town_owned land. When a municipal use is not foreseen by any of the designated commissions or committees within forty_five (45) days, the Board of Selectmen may then proceed to determine whether the land will be retained or sold.
C. Notice of sale. In addition to the public notice requirements of applicable law, notice of intention to sell Town_owned land shall be published for at least (2) consecutive weeks in a newspaper having circulation within the Town. Said notice shall include a description of the land and its location, together with the date, time, place and method of sale. A copy of the published notice shall be sent via certified mail to all abutters within seven (7) days of the first publication of the newspaper notice.
~ 5_26. Acceptance of land.
The Selectmen may accept, from time to time on behalf of the Town, gifts of land for any purpose, provided such gift is made by a good and sufficient deed executed by the donor in proper form to be recorded in the Registry of Deeds.
~ 5_27. Naming of public properties. [Added 10_6_1997 ATM by Art. 12, approved 1_29_1998]
Approval by Town Meeting shall be required to designate town owned real properties by name including, but not limited to: buildings, rooms, parts of buildings, paths, bridges, athletic facilities, playgrounds, street intersections, squares, parks, walkways, and cemeteries.
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