Marion, Massachusetts - Committees Appointments Policy

This policy has been adopted by the Marion Board of Selectmen and is intended to apply to all committees, boards, commissions, and other like bodies appointed under its authority, granted by all applicable statutes, rules and regulations of the Commonwealth of Massachusetts and the bylaws of the Town of Marion. The following categories of appointments are not covered:

While all committees appointed by the Board of Selectmen are an essential part of our Town government, the powers and duties of some are governed by State statute. These include, but are not in any way limited to, the Zoning Board of Appeals, the Conservation Commission, and the Community Preservation Committee. To a great extent, these committees perform a regulatory function. Once appointed by the Board of Selectmen, these committees operate with a high degree of autonomy. Nevertheless, it is in the overall best interest of the Town that each committee functions in a manner that is consistent with the general policies coordinated or promulgated by the Board of Selectmen. Effective local government requires that all committees respect the duties of other Town committees and coordinate their activities to the greatest extent possible.

Other committees appointed by the Board of Selectmen serve as advisors to the Selectmen and/or Town Administrator in the performance of their duties to the public. These committees will have such powers and duties as may be delegated to them in their specific charges. Such committees may represent the Town in dealing with other local, regional, or state agencies to the extent requested by the Board of Selectmen. When doing so they shall take positions on various issues consistent with the views of the Board of Selectmen, and they shall keep the Board of Selectmen fully informed concerning all such activities.

Each committee shall annually elect from among its members a Chairperson and a Clerk. Certain committees may also find it desirable to elect a Vice-Chairperson who may act in the absence of the Chairperson. In the case of new committees, or committees that have become inactive, the Board of Selectmen may appoint a Chairperson pro-tem to serve until the committee itself elects officers for the balance of the current year.

All committees shall operate in accordance with the provisions of the Open Meeting Law (Chapter 39, Section 23 A-C) and shall keep minutes of their proceedings. Each committee shall establish its own procedures for approval and submission of minutes to the Town House on a timely basis. Committees are strongly urged to prepare, review and approve minutes as expeditiously as possible in order to maximize the public’s access to information concerning committee activity. In most instances, committee minutes should be reviewed and approved within six weeks of the original meeting date. All committees shall submit a copy of approved minutes to the Town Clerk and to the Board of Selectmen immediately upon approval.

Committees are reminded that “draft” copies of the committee’s minutes are considered to be public record and should be made available to the public upon request, even when the committee has not had the opportunity to review and formally adopt the minutes.

Upon the dissolution of any committee, either by action of the Board of Selectmen acting as appointing authority or pursuant to an expiration date provided in the committee charge, all records, documents, correspondence and files concerning the committee’s work will be promptly turned over to the Town Clerk for appropriate filing and archival storage.

Effective Town government requires active and informed citizen participation. The work of every committee is interdependent with that of others. To foster informed decision making, the Board of Selectmen believes it appropriate that every committee have as full representation of membership as possible at the following regular governmental functions:

The objective is not to enforce uniformity or adherence to a majority view, but to assure understanding of all issues relating to the work of the committee on which an individual serves and an understanding of Town government in general. Broad participation is essential to the maintenance of an Open Town Meeting which, otherwise, can be dominated by those having only a limited range of special interests.

It is of critical importance that all municipal employees, officials, and members of all boards and committees must diligently avoid even the appearance of a conflict of interest. If a potential committee member has any question concerning a conflict of interest under MGL Ch. 268A, s/he should raise the question in advance of appointment. Sitting committee members who discover a potential conflict of interest should discuss the issues with the committee chairperson and with the appointing authority as soon as possible.

The State Ethics Commission is the state agency empowered to enforce the provisions of this statute. They will offer prospective advice to any individual discovering that they may be in conflict. They can be reached at 617-371-9500. It is expected that committee members will follow the advice and guidance offered by the State Ethics Commission.

It shall be the goal of the Board of Selectmen to seek the best qualified persons to serve on each committee. Accordingly, the Board shall endeavor to develop a pool of persons interested in serving upon each such committee from at least the following sources:

The Board of Selectmen is committed to enlarge the general pool of applicants through active solicitation of various Town organizations and through publicity in the press and on community access television. The timing and extent of specific active solicitations shall be determined by the Board based upon its judgment of appropriateness and need.

The Board of Selectmen shall maintain a current list of all Town committees. Said list shall include a brief description of the purpose(s) of each committee, the names of all members of such committees, the expiration date of the terms of such members, and any vacancies on such committees. The list shall be published in the Annual Report and be available for inspection during regular business hours at the Office of the Board of Selectmen.

Whenever an opening or vacancy occurs on a Town committee, the Board of Selectmen shall post or cause to be posted a notice of the vacancy on the Town House Bulletin Board for a minimum of 14 days(inclusive of the date of the posting). Such notice shall include a brief description of the committee, the term of the appointment, the fact that the applications can be obtained from the Office of the Board of Selectmen, and the date by which said application must be received. The Board of Selectmen shall also cause to be placed, at the Town’s expense, if any, a notice or news article of the vacancy containing the foregoing information in at least one newspaper having wide circulation in the Town.

A resident wishing to file an application shall do so only through the Office of the Board of Selectmen. Such filing must be made on or before the date appearing in the notice of the vacancy posted on the bulletin board. The Office of the Board of Selectmen shall stamp the date of receipt upon each application received. Late-filed applications shall only be considered when, in the opinion of the Board of Selectmen, the best interest of the Town of Marion would be best be served. An applicant may submit, in addition to the standard application form, any other information relating to their qualifications and/or experience that may assist the Board of Selectmen in its decision process.

a.) The Office of the Board of Selectmen shall promptly acknowledge receipt of all applications in writing, by U.S. Mail or by e-mail, to each applicant. The letter of acknowledgement shall include the date, time, and place of a public interview of the applicant to be conducted by the Board of Selectmen.

c.) Each applicant shall receive due consideration, taking into account the qualifications and experience of the applicant. The Board of Selectmen, after careful consideration of the applicant pool, will appoint the person(s) who, in its judgment, is the most qualified to fill the vacancy. The Board of Selectmen shall not be bound to make any appointment simply because there is only one applicant for the position.

d.) If no letter of recommendation is received from the respective committee chairperson the Board of Selectmen may conduct a public interview of the affected applicant. The date, time, and place of each such interview shall be posted on the Town Bulletin Board.

The Board of Selectmen may make an appointment to a committee only at a public meeting held at least seven (7) days, but not more than twenty-eight (28) days, after the last applicant has been interviewed for an open or vacant position. The term of an applicant receiving an appointment shall not commence until (i) the applicant has filed a written acceptance of the appointment with the Office of the Board of Selectmen; and (ii) the applicant has been sworn-in to the faithful performance of his/her duties by the Town Clerk.

Conservation Commission	Three Years (MGL CH. 40, Sec. 8C)
Council on Aging	Three Years (Marion By-Laws Article XXII)
Zoning Board of Appeals (Regular)	Five Years(Marion By-Laws Article X)
Zoning Board of appeals (Alternate)	Three Years(Marion By-Laws Article X

All residents of the Town of Marion are eligible for appointment by the Board to a committee. In the vast majority of instances, committee members should be residents of the Town of Marion. There may be occasional exceptions when an individual’s unique skills, talents and/or experience support the appointment of a non-resident. Such an appointment may be made when, in the judgment of the Board of Selectmen, it would be beneficial to the committee’s work and to the overall betterment of the community. Non-residents shall not, however, be eligible for appointment to any board or commission responsible for exercising statutory or regulatory authority.

In the event a committee member becomes a resident of another community, the Board of Selectmen shall be promptly notified by the member or by the committee chairperson. The Board may, upon request of the committee chairperson, permit the non-resident member to continue to serve until the subsequent June 30, except in cases of statutory or regulatory committees.

Committee members should not make any representation to candidates concerning the likelihood of appointment nor provide their suggestions with any rank order. Instead, committee members may encourage prospective members to attend meetings in order that they may familiarize themselves with the work of the committee.

When an individual is seeking reappointment to a committee, the Board of Selectmen shall actively seek the input from the chairperson of said committee. The committee chairperson should provide the Board of Selectmen with important information necessary for it to make a meaningful decision. Such information should include, but not necessarily be limited to, meeting attendance, special talents of the applicant, and interaction of the applicant with fellow committee members and the general public. Unless the Board of Selectmen determines that extenuating circumstances exist, the Board will not re-appoint any committee member whose attendance at meetings is less than 50 percent (50%).

Within one week from the date of appointment by the Board of Selectmen all appointees shall be advised, in writing, by the Town Administrator of her/his appointment. In addition, the appointee will be provided with an updated copy of the Appointed Committee Handbook. Questions concerning any aspect of the appointment process may be directed to the Town Administrator.

It shall be the responsibility of the committee chairperson to provide for the orientation of new members in order that they may become familiar with the work of the committee, current projects, and town government operations in general.