HomeMy WebLinkAboutBarnstable Committee Handbook
Board, Committee, and Commission Handbook • 2
Table of Contents
Introduction ........................................................................................................................................................... 3
Participation in Town Government ........................................................................................................................ 3
Types of Boards, Committees, and Commissions .................................................................................................. 3
Statutory Boards, Committees and Commissions .................................................................................................. 3
Important Readings ................................................................................................................................................ 4
Members, Associate Members and Alternate Members ....................................................................................... 4
Application Procedure ........................................................................................................................................... 5
Appointment, Reappointment, Resignation and Removal .................................................................................... 5
Orientation ............................................................................................................................................................. 6
Civil Discourse ........................................................................................................................................................ 6
Liaison with Town Council ...................................................................................................................................... 7
Primary Staff Support ............................................................................................................................................. 7
Board, Committee and Commission Officers ......................................................................................................... 7
Meeting Definition ................................................................................................................................................. 8
Quorum .................................................................................................................................................................. 8
Meeting Logistics ................................................................................................................................................... 8
Conducting a Meeting ............................................................................................................................................ 8
Public Hearing Process ........................................................................................................................................... 9
Executive Session ................................................................................................................................................... 9
Recusal Process ...................................................................................................................................................... 9
Public Records, Email and Social Media ............................................................................................................... 10
Speaking for a Board, Committee or Commission ............................................................................................... 10
Annual Town Report ............................................................................................................................................ 10
APPENDICES
A. List of Boards, Committees and Commissions
B. Board/Committee/Commission Application
C. Sample Meeting Notice/Agenda
D. Attorney General Checklists: Posting, Minutes, Executive Session
E. Official State Holidays
Board, Committee, and Commission Handbook • 3
Introduction
Thank you for volunteering to serve on a Board, Committee or Commission. Boards, Committees and
Commissions serve as planning and implementation bodies for the Town and in some cases, as regulatory
bodies, with authority to promulgate rules and regulations and decide individual cases in accordance with
State statutes and local ordinances. The volunteer members who serve on these Boards, Committees and
Commissions are representatives of the organization’s mission and are an essential part of running an
effective, efficient, and inclusive local government.
This Handbook has been prepared to provide general information to all Town Board, Committee and
Commission members. It provides a brief description of procedures and an introduction to important State
laws that govern the conduct of Boards, Committees and Commissions and their members, including the Open
Meeting Law and the Conflict of Interest Law. This Handbook does not constitute legal advice. If you need
legal advice, please contact the Town Attorney’s Office.
Participation in Town Government
The Town Council actively encourages Barnstable residents to participate in local government by volunteering
to serve on a Board, Committee or Commission. Through service to the community, members have an
opportunity to learn about the workings of our Town and to support fellow members of our community.
Town Council recognizes that serving on a Board or Committee takes dedication and commitment. We
appreciate your volunteer service.
Types of Boards, Committees, and Commissions
Appendix A contains a listing of Town Boards, Committees and Commissions. This appendix identifies the type
of Committee, the appointing authority and the number of regular, associate, and alternate members.
The Town Council generally serves as the appointing authority for the Town’s multiple member Boards,
Commissions and Committees, the “standing committees of the Town.” From time to time, the Town Council
may, by majority vote of its members, establish ad hoc committees to assist the Town Council in carrying out
the Council’s responsibilities. Ad hoc Committees shall be limited to a particular subject area and serve only in
that capacity for a specific period of time.
There are four types of standing Boards, Committees and Commissions:
Advisory: wherein the Committee has no legal authority to promulgate rules or regulations, decide
individual cases or enact policy;
Regulatory: wherein the Committee has legal authority to promulgate rules and regulations, decide
individual cases and enact policy;
Ministerial: wherein the Committee has legal authority to take actions which are essentially
administrative in nature.
Combinations of advisory, regulatory, and ministerial.
Statutory Boards, Committees and Commissions
State statutes outline some powers and duties of regulatory Boards, Committees and Commissions, such as
the Board of Assessors, Board of Health, Licensing Authority, Commission on Disability, Conservation
Commission, Council on Aging, Hyannis Main Street Waterfront Historic District Commission, Historical
Board, Committee, and Commission Handbook • 4
Commission, the Planning Board and the Zoning Board of Appeals. The Town Administrative Code and
appointing authorities may further define the work of these Committ ees.
Important Readings
All Board, Committee and Commission members, associate members and alternate members should read and
be familiar with the following publications:
Town Administrative Code
Town Council Strategic Plan
Town Charter
Annual Town Report
These provide the foundation of Barnstable’s government, including the authority for most Boards,
Committees and Commissions.
All Boards and Committees members should review and become familiar with the State and local laws
pertaining to their Board, Commission or Committee. Questions regarding those laws should be referred to
the Town Attorney’s office.
In addition, the Attorney General’s Open Meeting Law Guide and a Summary of the Conflict of Interest Law for
Municipal Employees prepared by the State Ethics Commission are attached to this document. For more
information on the Open Meeting Law, please contact the Town Clerk or the Town Attorney’s Office and for
information on the Conflict of Interest law, please contact the Town Attorney’s office or you may call the
“attorney of the day” at the State Ethics Commission directly for advice at 617 -371-9500.
Members, Associate Members, and Alternate Members
The governing law for most Boards, Committees and Commissions specifies the number of full members and,
in some cases, the number of alternate and/or associate members. Serving as an alternate or associate
member is an excellent way to become familiar with the work of a particular Board or Committee before
taking on the responsibility of a full member.
The exact role of alternate and associate members varies by Board and Committee but the general principles
are:
An associate or alternate member may be designated by the chairperson of a Board or Committee to sit
for a particular matter or matters:
a) in the case of an absence, inability to act, or conflict of interest on the part of any regular Board or
Committee member, or
b) in the event of a vacancy on the Board or Committee, until said vacancy is filled.
For such public hearings, once an associate or alternate member has been designated to sit on a
particular matter or matters, the associate or alternate member should continue to sit until the
conclusion of the particular matter or matters even though the hearings span multiple meetings of the
Board or Committee. Before the vote on the matter is taken, the chairperson will designate the members
and/or associate or alternate members entitled to vote.
Associate or alternate members may attend all open meetings of the Board or Committee, and may
attend executive sessions conducted for the particular matter or matters on which the associate or
alternate member is designated to sit.
Board, Committee, and Commission Handbook • 5
Associate or alternate members may participate in discussions at an open meeting but may not vote on
Board or Committee business except for the particular matter or matters on which the associate or
alternate member is designated to sit and vote.
Associate or alternate members may be counted toward the quorum of the Board or Committee if the
chairperson has designated them to hear the issue before the Board at that meeting.
Application Procedure
The goal of the appointing authority is to appoint qualified and interested Barnstable regi stered voters and
residents (unless otherwise specified under the Administrative Code), who are not permanent full-time
employees of the Town, (except where specifically allowed by Town Charter or Code) and who are broadly
representative of the Town. In most cases, the Town Council is the appointing authority and potential board,
committee, or commission members are vetted through the Town Council Appointments Committee.
Vacancies on Board, Committees and Commissions are advertised by a press release and posted on the Town’s
website: www.townofbarnstable.us. Individuals interested in being considered for appointment may
complete and submit an application by either of the following methods:
Email PDF copy found online to council@town.barnstable.ma.us or
Hard Copy, (Attachment F) mailed to Town Council’s Office, 367 Main Street, Hyannis, MA 02601
*Submission of an application does not guarantee an interview or appointment to the Board, Committee or
Commission.
Appointment, Reappointment, Resignation and Removal
APPOINTMENT. All appointments made by the Town Council are made by majority vote in an open,
posted meeting. Term length is established by the Administrative Code.
REAPPOINTMENT. A Committee member is under no obligation to accept reappointment, no r is the
appointing authority obligated to offer such reappointment. However, Board, Committee and
Commission members may be appointed for a specified term and may be reappointed for successive
terms through a reappointment application process.
RESIGNATION. A Board, Committee or Commission member who is no longer able to serve, or who
moves out of Town, should resign promptly so that the vacancy may be filled as soon as possible. Any
resignation should be submitted in writing to the Town Clerk’s Office with a copy to the appointing
authority and the chair of the Committee.
REMOVAL. The Town Council may remove for cause any of the officers or members of Town Boards,
Committees or Commissions appointed by them, subject to an investigation and hearing by the Town
Council. Cause for removal may include, but not be limited to, repeated un -excused absence from
regularly scheduled meetings, violation of State law or Town ordinances and failure to follow Town
policies. Members shall be automatically removed if convicted of a felony or if absent from their duties
for a period of one year.
Appointments to fill vacancies will cover the remaining term of the vacated position.
Board, Committee, and Commission Handbook • 6
Orientation
Once appointed, every new appointee will receive written notification of appointment from the Town Council.
To make arrangements to be sworn in, or for questions related to swearing in, please contact the Town Clerk’s
Office at 508-862-4044 for an appointment.
At the time of being sworn in, the Town Clerk’s Office will provide each Committee member a copy of the
following:
The Attorney General’s Open Meeting Law Guide, which will include: an explanation of the requirements
of the Open Meeting Law; the Open Meeting Law, M.G.L. Chapter 30A §§18-25; and the Open Meeting
Law Regulations, 940 CMR 29.00-29.11; and, if applicable, a copy of each Open Meeting Law
determination issued to the board, commission or committee within the last five years in which the
Attorney General found a violation of the Open Meeting Law (collectively, the “Open Meeting Law
Materials”); provided that the Town Clerk may require the public body member to obtain the Open
Meeting Law Materials from the Attorney General’s website at: http://www.oml.ago.state.ma.us/;
A Summary of the Conflict of Interest Law for Municipal Employees (MGL Chapter 268A);
Town of Barnstable Board, Committee, Commission Handbook;
Town of Barnstable Standards of Conduct;
Town of Barnstable Harassment Policy
Within 2 weeks of receipt of the Open Meeting Law Materials, the appointee must certify, on the form
prescribed by the Attorney General, that he or she has received and reviewed those materials and must
provide the signed form to the Town Clerk. The Town Clerk shall maintain the signed certification for each
appointee, indicating the date the person received the materials. An individual who serves on more than one
public body must sign a separate certification for each public body. The Town Clerk will pass this information
on to the Town Council Administrator as the keeper of Open Meeting Law Materials for Boards, Committees
and Commissions.
Appointees must sign a written acknowledgment that they have been provided with the summary of the
conflict of interest law within 30 days of appointment. Appointees should provide the signed acknowledgment
to the Town Clerk. The summary of the conflict of interest law must be provided annually to all members of
Town boards, committees and commissions, and the member must acknowledge receipt in writing.
The appointee must also sign to confirm receipt of the Town Harassment Policy.
In addition to the items listed above, all newly appointed members are required to complete a mandatory
online conflict of interest training program within 30 days of appointment. Failure to complete the program
may be considered cause for removal by the appointing authority. All board, committee and commission
members must complete this training program every 2 years. Certificates of completion should be provided by
the board member to the Town Council Administrator.
The newly appointed board member must be sworn in by the Town Clerk’s Office prior to attending a
Committee meeting as an official member.
The Town Council Office will notify existing chairs of any new appointments to its Board, Committee or
Commission and encourage chairs to orient new members to Committee functions. New members are
encouraged to connect with Town support staff, as many departments have orientation resources available.
Board, Committee, and Commission Handbook • 7
Civil Discourse
Town Council recognizes the importance of civil discourse at all levels of the government including those who
volunteer their time and services on behalf of the Town. Board, Committee and Commission members should
conduct themselves so as to maintain public confidence in their local government and in the performance of
the public trust. They should strive at every meeting to treat every person fairly and with respect. In turn, it is
expected that those members from our community attending Town Board, Committee or Commission
meetings will display respect to the public, Board, Committee and Commission members and Town staff .
Professional respect does not preclude differences of opinion but requires respect for those differences and
the people who express them; swearing, profanity, disparaging remarks, malicious gossip, slander, etc., both
during a meeting and in other settings, is behavior unbecoming of a Town official and will not be tolerated. It
is expected that the Chair of all Boards, Committees and Commissions will hold his/her membership to this
standard. More information is within the Town of Barnstable Standards of C onduct document provided to
each member when newly appointed. Please contact the Town Clerk’s office for an additional copy.
Liaison with Town Council
Each multiple-member body shall have a liaison relationship with the Council. The chairperson of each
multiple-member Board shall annually, upon election, meet with the member of the Town Council who is
serving as liaison to the Board, for the purpose of defining an appropriate reporting relationship during the
ensuing fiscal year. The meeting should review the following minimum areas: frequency and method of
reporting, official or officials responsible for reporting, transmittal of monthly and quarterly summaries of
Board actions, and Board and Council Committee roles in development of legislation and/or pol icy of interest
to the Board.
Primary Staff Support
Most Boards, Committees and Commissions have primary staff support to provide administrative and
technical assistance including attending and supporting public meetings, drafting and posting agendas,
reserving meeting space, recording meeting minutes, preparing and circulating correspondence and
information for meetings and other administrative duties.
Board, Committee and Commission Officers
ELECTIONS. Boards, Committees and Commissions shall annually elect a chairperson, vice-chairperson
and a secretary or a clerk. Newly formed Boards, Committees or Commissions should elect these officers
at their first meeting. For standing multi-member boards, the annual election shall occur in July of each
year, or as near after appointment of new members by the Town Council. It is the responsibility of the
chair to notify the Town Council of changes in officers.
CHAIR. The chair presides at all meetings, decides questions of order and calls special meetings and signs
official documents that require the chair’s signature. The chair has the same rights as other members to
offer resolutions, make or second motions, discuss questions and vote thereon. The chair sets the tone of
meetings, and should be respectful of individuals coming before their Committee and fellow members.
VICE-CHAIR. The vice chairperson acts for the chairperson whenever the latter is absent from meetings,
and performs other necessary duties.
SECRETARY/CLERK. The Secretary/Clerk shall work with the Administrative staff in preparing the minutes
of the Committee meeting and maintaining the minutes and exhibits for permanent record of Committee
action, researching reports and activities and ensuring the legally required notice and operational
procedures are followed by the Committee.
Board, Committee, and Commission Handbook • 8
Meeting Definition
Meetings of Town Boards and Committees, including subcommittees of those bodies, are subject to the state
Open Meeting Law. The purpose of the law is to ensure transparency in the deliberations on which public
policy is based, and the law requires, with some exceptions, that meetings of public bodies be open to the
public.
A meeting is defined as “a deliberation by a public body with respect to any matter within the body’s
jurisdiction.” Deliberation is “an oral or written communication through any medium, including electronic
mail, between or among a quorum of a public body on any public business within its jurisdiction.” A meeting
occurs any time a quorum (usually a simple majority) of the members disc usses or considers any public
business or policy over which the Board, Committee or Commission has some jurisdiction or advisory power. A
quorum shall not meet or have discussions in private on any matter within the board’s jurisdiction unless it
does so in a valid Executive Session. (See the Open Meeting Law section about Executive Session.) Substantive
discussions or deliberations on public business involving a quorum of members that occur via email, Zoom or
other electronic meeting platform, by telephone, or by sequential communications violate the Open Meeting
Law. Polling of Board members for a decision outside of an open meeting of the Board or Committee violates
the Open Meeting Law.
Notice of a Board, Committee or Commission meeting must be posted at least 48 hours in advance, excluding
Saturdays, Sundays and legal holidays. Meeting notices must contain the date, time and place of the meeting
and must list all topics that the Chair reasonably anticipates, 48 hours in advance, will be discussed at the
meeting. Appendix B is a sample meeting notice/agenda template.
Quorum
Except as otherwise specified by law, a majority of the regular members of the Board, Committee or
Commission constitutes a quorum. A quorum must be present to call a meeting to order. In the absence of a
quorum, the chair may designate an alternate or associate member to sit for the duration of the meeting. If a
quorum cannot be achieved, even with an associate(s), it is not a valid meeting of the public body, and no
discussion or action should take place.
Meeting Logistics
Meetings must be open to the public, unless an exception applies, and accessible to persons with disabilities
either in person or online through Zoom; primary staff support is responsible for scheduling meeting space in
a municipal building or occasional site visits.
Conducting a Meeting
All Committee members represent and serve the Town and should treat all meeting attendees, participants
and other Committee members with courtesy.
The Open Meeting Law does not require that members of the public be allowed to participate in a meeting;
however, members of the public may be allowed to speak at a Board or Committee meeting with permission
of the Chair and with adherence to customary parliamentary procedures and time constraints.
Any person may record a meeting with a tape recorder or any other means of audio reproduction and/or
videotape equipment provided he/she announces intention to do so and there is no active interference with
the conduct of the meeting. At the beginning of the meeting, the Chair should inquire as to whether anyone is
recording the meeting.
Board, Committee, and Commission Handbook • 9
Public Hearing Process
Many Boards and Committees are required by Massachusetts General Laws to conduct formal public hearing s
on some issues that come before them. Others may choose to solicit public comment on a matter before them
in order to receive input from the community. All formal public hearings must be conducted in accordance
with the Massachusetts General Laws and the Town Code. Appendix C outlines requirements for written
hearing notices, and procedural guidelines including minutes.
It is the responsibility of the chairperson to maintain order and decorum at the hearing. In the interest of
consistency and fairness, the chairperson may put restrictions on the nature, number, and frequency of an
individual’s comments and questions.
Executive Session
An Executive Session is closed to the public and may only be held for the specific purposes set forth in the
Open Meeting Law. There are procedural requirements that must be followed for Executive Sessions, and
Board Chairs are advised to consult with the Town Attorney’s Office before a meeting notice is posted if an
Executive Session is anticipated. Executive session minutes must be kept and approved in a timely manner,
just like open session minutes. Executive session minutes may be withheld from disclosure “as long as
publication may defeat the lawful purposes of the executive session, but no longer.” (M.G.L. c. 30A, § 22(f)).
Minutes
Meeting minutes must reflect the date, time and place of the meeting; the members present or absent; a
summary of the discussions on each subject; a list of documents and other exhibits used at the meeting; and
the decisions made and the actions taken at each meeting, including a the record of all votes.
The meeting summary does not need to be a transcript, but should provide enough detail so that a member of
the public who did not attend the meeting could read the minutes and understand what occurred and how
the public body arrived at its decisions.
Recusal Process
If a member believes that he/she has a conflict of interest or other reason that may require recusal as to any
particular matter, the member should contact the Town Attorney’s office in advance. Some potential conflicts
are cured by filing a written disclosure prior to taking any official action in any matter; other conflicts of
interest may require recusal. It is important for the member to understand and follow the proper course of
action before proceeding.
IN PERSON PUBLIC MEETINGS. If the Board, Committee or Commission member is recused, he/she
should announce they are recusing themselves and should leave the room while the matter causing the
conflict is being discussed.
ZOOM PUBLIC MEETINGS. If board members need to recuse themselves during a Zoom meeting, they
should announce they are recusing themselves and then either (a) disconnect from the meeting entirely
and rejoin when the discussion/vote on that item has concluded, or (b) turn off BOTH their audio and
their video until such time as they return to the meeting.
The person taking the minutes should note the recusal, along with the time the board member left the
meeting and the time he or she rejoined the meeting in the minutes, e.g., Board member X recused himself at
9:06 pm and returned to the meeting at 9:37 p.m. It is recommended the Chair note that person’s return to
the meeting at the time they rejoin.
Appendix C outlines requirements issued by the Attorney General’s Division of Open Government for posting a
meeting notice, preparing and approving minutes, and entering into executive session.
Board, Committee, and Commission Handbook • 10
Public Records, Email and Social Media
PUBLIC RECORDS LAW. The Public Records Law gives a right of public access to “public records”, which
includes any document, regardless of physical form or characteristics, made or received by a public
official or employee, unless subject to a statutory exemption. Government records generated, received
or maintained electronically, including electronic mail, constitute “public records” under this standard .
No public record should be deleted or destroyed without first consulting the Town Clerk’s Office.
EMAIL. It is important for all Board, Committee and Commission members to know that there is no
distinction in the law between written and electronic recor ds. As a result, unless an exemption applies,
email messages written or received by a board member in his or her capacity as a board member are
public records which must be made available for public inspection in the same manner as hardcopy
documents. Use of one’s own home computer and personal email accounts may not exempt such
communications depending on the context. In addition, the ease by which emails are sent and forwarded
may facilitate the improper discussion of public policy issues. The discussion of public policy issues
among a quorum of Board or Committee members via email is a violation of the Open Meeting Law. All
electronic mail sent and received at a Town -issued email address should be considered a public record
(except where an exemption applies) subject to inspection and disclosure and scheduled retention and
disposition. Employees and Board and Committee members acting in their official capacity should have
no expectation of privacy in their use of electronic mail as it relates to Board/Committee business. It is
important for Boards and Committees to be responsive to emails that are sent to them in their official
capacity. It is advised that the chairperson or clerk be assigned this responsibility. Boards and
Committees need to be careful not to allow replies to citizens to become discussions among the
members of the Board/Committee, as this may violate the Open Meeting Law.
SOCIAL MEDIA. Board, Committee and Commission members using social media platforms (including,
but not limited to: Facebook, Twitter, Instagram, YouTube, etc.) should not use social media to
communicate with a quorum of other board members.
Speaking for a Board, Committee or Commission
An individual member has a right to speak publicly as a private citizen but should not purport to represent the
Board, Committee or Commission or exercise the authority of the Board, Committee or Commission, except
when specifically authorized by that body to do so. If members identify themselves as members when
speaking as private citizens, it may be perceived that they speak for the Board, Committee or Commission.
Such a perception should be avoided.
Annual Town Report
All appointed Committees must file an annual report of Committee activities for the Annual Town Report
which is due to the Town Manager’s Office. The Annual Report is written based upon the fiscal year (July 1 -
June 30). The chair or other designated member should coordinate with primary staff support content of the
report including detail Committee membership including changes, and a one to three paragraph explanation
of major accomplishments and future plans. A request for Committee reports is issued in August of each year
and reports must be timely filed within the deadline specified by the Town Manager’s Office.
Questions regarding the Board and Committee Handbook can be referred to the Town Clerk’s Office, at 367
Main Street, Hyannis, 508-862-4044.
*This handbook is subject to revisions and updates as state statues or Town ordinances may change.
Addendums will be issued as warranted or necessary.