TOWN OF
PROVINCETOWN
BOARD OF SELECTMEN
RULES OF PROCEDURE
Amended through May 24, 2005
Section 1. Officers
a. The Board shall elect from its own
membership, a Chairman and a Vice
Chairman. Such election shall take place annually at the first regular meeting
following the Town Election.
b. The Chairman, or in his/her absence, the
Vice Chairman, shall preside at meetings of the
Board, and shall, subject
to these rules, decide all points of procedure, unless over-ruled by the
majority of the Board in session at the time.
The Chairman shall act as liaison between the Board, the Board's
Secretary, and the Town Manager.
c. In the
absence of the Chairman, the duties of the Chair shall be performed by the Vice
Chairman. The typical duties and
responsibilities of the Vice Chairman will then fall to the Selectman with the
most seniority.
Section 2. Meetings
a.
General. All meetings of the Board of Selectmen shall be conducted in accordance
with Chapter 39, Section 23A, Massachusetts General Laws (Open Meeting Law).
b. Regular Meetings. The Board of Selectmen and the Town Manager shall meet
in Town Hall on the second and fourth Monday evenings of each month and at such
other times as the Board may decide. If
the second or fourth Monday of a month falls on a holiday, the Board and the
Town Manager shall meet on the following evening. Unless it is executive session, every meeting of the Board of
Selectmen shall be open to the public and to the press (By-Laws of the Town of
Provincetown, Section 4-2-1).
c.
Special Meetings. Special meetings of
the Board may be called by the Chairman with
the concurrence of a majority of the remaining members of the Board;
however, the required statutory forty-eight hours public notice of such a
meeting may not be waived.
d. Emergency
Meetings.
(1) The Chairman may call an emergency meeting
of the Board when, in the judgment of the Chair, immediate and/or delayed
action by the Board would be contrary to the best interests of the Town.
(2) Matters acted upon by the Board at emergency
meetings shall be made an agenda
item at
the next regular meeting of the Board for the purpose of ratifying decisions
rendered at emergency meetings.
(3) Authority to act upon routine Board matters
but necessary for timely dispatch may be
delegated to the Chairman.
Actions taken under the provisions of this subsection shall be ratified
at the next regular meeting of the Board.
f.
Executive Sessions.
(1) Executive session
of the Board shall be conducted in strict accordance with Chapter 39, Section
23A, Massachusetts General Laws.
(2) Any member of the
Board may make a motion to allow the Board to convene in Executive
Session. However, the motion shall be
made while in open session, and clearly state the need for executive session
deliberations.
(3) A roll call vote
shall be taken on all motions, which call for Executive Sessions, and such a
roll call vote shall be duly recorded in the minutes of the open session at
which the motion was acted upon.
(4) Executive Sessions
relating to “strategy with respect to litigation” shall be scheduled at 5 p.m., followed by regular business at 6
p.m. whenever possible.
g. Time of
Meetings.
(1)
All
Board Meetings shall normally be scheduled to commence promptly at 6:00
P.M., and terminate not later
than 11:00 P.M. In the event, however, official business remains to be
transacted at the scheduled adjournment time, the Board may vote to suspend
this requirement under the provisions of Section 7 of these procedures.
(2)
Unfinished business
remaining at the scheduled or alternate adjournment time
shall appear on the agenda of the next
regular meeting.
(3) Any
Board Member who expects to be absent from a scheduled Board Meeting, or
delayed for more than one hour shall notify the Chairman in advance of the
scheduled meeting.
h.
Meeting Notice.
(1) A written notice of all scheduled meetings
of the Board, except as precluded by
Section
2d, above, shall be filed with the Town Clerk at least forty-eight hours in
advance of the meeting for posting on the official Town bulletin board.
(2)
Copies of the meeting notices shall be made
available to members of the media and
the general public.
Section 3. AGENDA
FOR Regular Meetings
a. The format
for agendas for regular meetings shall be:
1.
Public Hearing
2.
Public Statements
3.
Selectmen’s
Statements
4.
Appointments
5.
Requested Agenda
Items
6.
Town Manager’s Report
7.
Minutes
8.
Closing
Statements
Note: The Board grants discretion to the Chair in setting the order of the
“requested Agenda Items”, such that public requests always precede staff
requests, but exceptions may be made when the staff requests require very short
amounts of time. The Board also
requests we avoid using the category “preliminary matters”.
b. The agenda of a public meeting of the Board of Selectmen
shall provide for statements by members of the public no later than the second
item on the agenda (By-Laws of the Town of Provincetown, Sect. 4-2-2).
c. Items requested for placement on the
meeting agendas, other than from Board Members, shall be in writing, stating
the subject matter, individuals expected to be present, and a concise statement
as to the essence of the subject matter, in order to permit the Members of the
Board an opportunity to review the statements prior to the meeting.
d. Agenda items may be received until
12:00 Noon of the Wednesday preceding the scheduled regular meeting.
e. Agenda items
received after Noon on the Wednesday preceding the scheduled regular
meeting, may, within time
constraints and at the discretion of the Chairman, be included
under the appropriate agenda item,
or scheduled at the next succeeding regular meeting,
as appropriate.
f.
Agendas for a regular scheduled meeting shall be posted
and available to the general
public and media no later than
5:00 P.M. each Thursday preceding the meeting.
g. Agendas for special and emergency
meetings may be modified by the Chairman to
conform to the purpose(s) for
which such meetings are called.
Section 4. Procedures
during Meetings
a.
Proceedings
during meetings shall normally be governed by Roberts Rules of Order except as
modified by these procedures.
b.
When
deemed necessary and appropriate, the Chairman may offer a motion, or second a
motion.
c. No person shall address a public meeting
of the Board without permission of the
Chairman or other designated
presiding officer.
d. Items, which appear on the meeting
agenda, shall be considered as properly before the
Board of Selectmen without benefit of a specific motion to that
effect. However, any Member of the
Board may reserve the right to move that an agenda item be stricken from the
agenda. Such a motion, if made, shall be subject to the actions of the other
Members of the Board as would be appropriate to action on routine motions
e. The Board of
Selectmen may respond to speakers under public statements providing a majority
of the board members present vote to do so.
The board may take action on issues brought before the board if it is of
a nature not deemed to require being placed on a subsequent agenda.
f. Limit Public Statements to a total of
sixty (60) minutes. Each public speaker
is limited
to five (5) minutes speaking time.
g. The Chairman should rotate from meeting
to meeting the order in which the Selectmen
make
their statements.
Section 5. Public Hearing Procedures
Preliminary Procedures
a. Proponents and
opponents must set up any displays or graphic presentations prior to the actual
start of the hearing.
b. Principal
speakers must identify themselves to the Chair prior to the start of the
hearing.
c. Copies of the
hearing procedures will be posted (or distributed) prior to the start of the
hearing.
Hearing Procedures
a.
The
Chair will open the hearing by identifying the purpose of the hearing, reading
the hearing notice aloud, and explaining the rules to be followed during the
hearing.
b.
If
testimony at the hearing must be given under oath, a five-minute recess will be
taken to permit speakers to register with the Secretary to the Board. When
the hearing is reconvened, the Chair will render the oath in front of all
present.
c. Basic
Hearing Format
Arguments: Proponents
Questions: Public
Questions: Board
of Selectmen
Opponents Questions – Public
Questions – Board of Selectmen
Rebuttal: Proponents
Rebuttal: Opponents
Closed
to Public
Board
Discussion
Vote
c.
No questions will be
permitted until after the speaker has finished his/her presentation.
Questions
will be accepted first from the public and then from Board Members. All
public
questions will be addressed through the Chair.
Questioners will identify themselves to the Chair, state their question,
and specify to whom it is addressed.
Any disagreement with answers is restricted to rebuttal statements.
e. At the completion of arguments,
citizens may record themselves in agreement with the speaking side without
making another presentation. (This
provision is designed to reduce repetition.)
Section 6. Minutes of Meetings
a. The proceedings of all Board meetings
shall be recorded by cassette recording devices.
Tape recordings or videotape may
not be used as a permanent record of meetings.
Written minutes must be prepared as outlined in Section 6b. Once minutes have been prepared and
approved, the tape and/or video may be erased and
re-used for another meeting. Until it
is erased, however, it is a
public record (unless it is a tape or video
of an executive session), which must be made available for inspection and
copying upon request.
b1 Written minutes of
Board meetings shall be prepared in an abbreviated form; however, as
a minimum, the written minutes shall record time and date of
meetings, names of
Board
Members present and voting, names of Town personnel attending, and names of
Members
of other Town Boards, Committees and Commissions attending the meeting.
The
record of exact motions made and votes taken shall be included in the written
minutes. Written minutes shall not
include verbatim or otherwise lengthy record of
discussion
on agenda items.
b2
Written minutes should be printed on both sides of the paper they are
printed on. (To
conserve paper and archive space.)
c. Written minutes shall be
prepared as expeditiously as possible to allow the Board to act upon them at a
subsequent regular meeting. Following the Board's approval, the written
minutes shall be filed with the Town Clerk and become a permanent and official
record of meetings.
d. Executive Session
minutes will be written by the Vice Chairman.
Minutes are to include motions made, actions taken thereon and a record
of the roll call vote(s).
e. Minutes of Executive Sessions shall remain in
the permanent possession of the
Secretary
to the Board, in a secure place, and shall
not be released unless authorized by a
majority vote of the Board taken in open
session, or upon an order issued by a court of
law.
Section 7. Suspension of Procedures
These standing
procedures may be suspended by an affirmative majority vote of the Board
Members present and voting.
Section 8. Reconsideration
of Votes
Any vote taken may
be reconsidered without limitations to time, given upon a proper motion before
the Board and a favorable majority vote of the members present and voting,
providing that the Selectman making the reconsideration motion voted in the
majority on the original motion.
Section 9. Review
of Standing Procedure
These standing
procedures shall be reviewed annually, following the normal reorganization of
each new Board of Selectmen, or, more often if necessary and dictated by
changes in the Board's composition if occurring prior to the normal electoral
process.
Section 10. Amendments
to Standing Procedures
a.
These
standing procedures may be amended by a majority vote of the members present
and voting at a regular meeting provided, however, that the proposed amendment
has been submitted to the Board of Selectmen’s secretary and the Board of
Selectmen in writing at least one week prior to the date the
amendment is to be voted upon.
b. An amendment shall be construed to mean
any addition of a new procedure or deletion or modification of an existing
procedure.
Section 11. Effective Date
These standing
procedures are effective May 22, 1995.