HomeMy Public PortalAboutSelect Board Rules of Procedure 2020TOWN OF
HOPKINTON
SELECT BOARD
RULES OF PROCEDURE
Approved on October 14, 2009
Revised December 1, 2020
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Table of Contents
Section 1: Introduction 4
Section 2: Powers and Duties 4
Section 3: Officers 5
Election 5
Chair: Duties and Powers 5
Vice Chair: Duties and Powers 6
Terms 6
Vacancies 6
Section 4: General Meeting Requirements 6
Regular Meetings 6
Special Meetings 6
Emergency Meetings 7
Executive Sessions 7
Section 5: Procedures Before Meetings 7
Meeting Notice 7
Meeting Agendas 7
Requests for Regularly Meeting Agenda Items 8
Agendas for Special and Emergency Meetings 8
Public Hearing Agenda Items 9
Section 6: Procedures During Meetings 9
Board Member Meeting Attendance and Conduct 9
Procedural Rules 9
Public Participation during Meetings 9
Section 7: Procedures for Hearings 10
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Public Hearings 10
Public Hearing Notices 10
Expenses 10
Information 10
Site Inspections 10
Public Hearing Procedures 10
Section 8: Minutes of Meetings 11
Section 9: Interface with other Town Boards 12
Section 10: Independence of Board 12
Section 11: Positive Work Environment 12
Section 12: Reconsideration of Votes 12
Section 13: Amendments to Rules 12
Section 14: Role of the Select Board 13
Section 15: Use of Public Resources 14
Section 16: Effective Date 14
Section 17: Distribution 14
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SECTION 1: INTRODUCTION
The Hopkinton Select Board (the "Select Board" or "Board") consists of five members, each of whom is
elected at large for a three-year term, with elections occurring on a staggered basis. The Board, which is
not paid, is supported by full-time staff ("Staff"), under the direction of the Town Manager, located at
Town Hall, 18 Main Street, Hopkinton, Massachusetts. The office is open to the public Monday,
Wednesday, and Thursday, except holidays, from 8:00 a.m. to 4:30 p.m., Tuesday from 8:00 a.m. to
7:00 p.m., and Friday from 8:00 a.m. to 2:00 p.m., except on holidays.
These Rules of Procedure ("Rules") shall govern the Board's operations in furtherance of the Board
fulfilling the duties and responsibilities assigned to it by the Town's Home Rule Charter, the Town's
Bylaws, and the Massachusetts General Laws. These Rules are intended by the Board to (1) provide a
source of ready reference to interested citizens; (2) ensure the orderly conduct of business at Board
meetings; (3) provide for the most efficient use of the Board's and Staff's time; (4) facilitate the Board's
decision -making process; and (5) ensure the public's right to participate in that decision -making and to
be heard by the Board.
These Rules are procedural and directory only. They shall not confer any rights on any person, including
the Board's members. Nor shall these Rules amend or alter the rights of any person that arise from the
Town's Home Rule Charter, the Town's Bylaws, and the Massachusetts General Laws. The Board's failure
to adhere to these Rules shall not invalidate any actions taken by the Board or give rise to any form of
recourse, to any person.
In the discharge of its duties and the exercise of its authority, the Board shall comply with the provisions
of: (1) the Open Meeting Law (M.G.L. c.30A, §§18-25; (2) the Public Records Law (M.G.L. c.66, §10); and
(3) the State Conflict of Interest and Financial Disclosure Laws (M.G.L. c.268A, 268B). While these Rules
may at times reference those laws, these Rules are not intended and should not be construed as
delineating all the Board's obligations under those laws.
SECTION 2: POWERS AND DUTIES
As extracted from the Town of Hopkinton Massachusetts Home Rule Charter, Section 3-1, paragraph b:
Powers and Duties — The executive powers of the Town shall be vested in the [Select Board]
which shall be deemed to be the chief executive officer of the Town. The [Select Board] shall
have all of the executive powers it is possible for a [Select Board] to have and to exercise,
except those powers and duties assigned by this Charter, by Town Bylaw or by other Town
Meeting vote to the Town Manager; provided, however, that any provision of the
Massachusetts General Laws conferring authority on the Town's chief executive officer shall
be interpreted to confer such authority on the Town Manager, subject to ratification of the
[Select Board]. The [Select Board]:
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1. Shall serve as the chief policy making board of the Town.
2. Shall be responsible for the formulation and promulgation of policy to be followed
by all Town Agencies serving under it.
3. Shall adopt and submit a budget annually to the Appropriation Committee and
Town Meeting.
4. Shall, in conjunction with other elected Town officers and boards and committees,
develop and promulgate policy guidelines designed to bring all Town offices into
harmony.
Except as provided in Section 3-1(d) of this Charter, nothing in this Section shall be
construed to authorize any member of the Select Board or a majority of such members to
become involved in the day-to-day administration of any Town department.
In its exercise of those powers and duties described in Section 3-1, paragraph b, the Board must
regularly collaborate with the Town Manager and other Town officials. In so doing, the Board shall
respect the boundaries established by Section 3-1, paragraph b, between its powers and duties and
those of the Town Manager and other Town officials. The Board shall not interfere with the day-to-day
operations of the Town, as directed by the Town Manager and other Town officials, and shall make all
requests for use of Town staff time and resources to the Town Manager.
SECTION 3: OFFICERS
1) Election. The Board shall elect, from its membership, a Chair and a Vice Chair. Each shall serve a
one-year term. That election shall occur at least once per calendar year at the Select Board's first
regular meeting at which all members are present, following the annual Town Election. Subsequent
elections may occur in the same calendar year in the event of a vacancy of the Chair or Vice Chair.
2) Chair: Duties and Powers:
a) The Chair shall preside at meetings of the Board.
b) The Chair shall work with the Town Manager to establish meeting agendas.
c) In addition to calling for regular meetings of the Board, the Chair may call for emergency
and special Board meetings.
d) The Chair shall, subject to these Rules, decide all points of procedure arising during a Board
meeting. A majority of the Board members in attendance at a meeting may vote to overrule
the Chair.
e) The Chair may vote on all matters coming before the Board and may participate in debate.
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f) The Chair shall act as a liaison between the Board and the Town Manager.
g)
The Chair may represent the Board in matters, may make oral or written statements on the
Board's behalf, or may enter into agreements for the Board, only where authorized to do so
by: (1) a vote by the majority of the Board's members; (2) a Board Rule or written policy; (3)
a Board decision; or (4) a provision of the Town Charter, Town Bylaws, or Massachusetts
General Laws.
h) The Chair, with the consent of a majority of the Board's members, may appoint other Board
members to standing and special committees.
i) The Chair, in coordination with the Town Manager and Staff, shall be responsible to ensure
the preparation of all Board reports, correspondence, and minutes.
j) The Chair shall perform all such other duties and exercise all such other powers as may be
delegated to the Chair by a majority vote of the Board's members.
3) Vice Chair: Duties and Powers
a) In the absence of the Chair, the duties of the Chair shall be performed by the Vice Chair.
b) The Vice Chair shall provide an orientation of the Select Board's functions to new members.
c) The Vice Chair shall perform all such other duties and exercise all such other powers as may
be delegated to the Vice Chair by the Chair or by a majority vote of the Board's members.
4) Terms. A Board member may serve as Chair or Vice Chair for two (2) consecutive years, after which
that person shall not be eligible for nomination to the same position until one year has passed. A
majority vote of the Board's members may waive this provision.
5) Vacancies. The Board's members, by a majority vote, may declare the position of Chair or Vice Chair
vacant by reason of resignation or otherwise. At its first regular meeting after a vacancy of the Chair
or Vice Chair, the Select Board shall elect a member to fill the vacancy by a majority vote of the
Board's members.
SECTION 4: GENERAL MEETING REQUIREMENTS
1) Regular Meetings. The Select Board and the Town Manager shall meet in a publicly accessible
location on the first and third Tuesday evenings of each month or at such other, regular meeting
times as the Chair may decide.
2) Special Meetings. The Chair may call special meetings of the Board, scheduled as deemed
necessary or appropriate.
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3) Emergency Meetings. The Chair may call an emergency meeting of the Board in the event of a
sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
4) Executive Sessions.
a) Any member of the Board may make a motion for the Board to convene in Executive
Session.
b) Such a motion shall be made while in open session, and state: (1) the purpose for Executive
Session deliberations and a sufficiently detailed description of that purpose to comply with
the Open Meeting Law; (2) the identity of all persons other than Select Board members who
will be invited to participate in the Executive Session; and (3) whether the Board will
reconvene in open session following the Executive Session or will adjourn its meeting at the
conclusion of the Executive Session.
c) The Chair shall take a roll call vote on all motions to enter an Executive Session. All votes
taken during Executive session shall be taken by roll call vote.
d) Such a roll call vote shall be duly recorded in the minutes of the open session.
SECTION 5: PROCEDURES BEFORE MEETINGS
1) Meeting Notice.
a) Meetings of the Board shall be called only pursuant to a written agenda furnished to the
Town Clerk for public posting in advance of the meeting.
b) Such agendas shall be posted at least 48 hours before the meeting unless authorized
otherwise by the Open Meeting Law.
2) Meeting Agendas.
a) The standard agenda for regular meetings shall be:
• Pledge of Allegiance
• Public Forum
• Consent Agenda (Note: all consent agenda items must be identified in the Board's
meeting agenda)
• Public Hearing
• Appointments
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• Requested Agenda Items
• Town Manager's Report
• Select Board Member's Statements/Board Reports
• Requests for future agenda items
b) Except for public hearings, the Chair may deviate from the agenda.
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 immediate attention to meet statutory time requirements or minimal time.
c) The agenda shall provide for statements by members of the public no later than the second
item.
d) Items on the meeting agenda shall be considered as properly before the Board without a
specific motion. Any Board member may move that an agenda item be stricken from the
agenda and such an item shall be stricken pursuant to a vote by a majority of the Board's
members present at the meeting
3) Requests for Regular Meeting Agenda Items.
a) Any person, other than a Board member, who wishes to place an item on the agenda for a
regular Board meeting, shall make a request in writing to the Town Manager, stating the
requester's name and residential or business address, specifying the subject matter for
Board deliberation, identifying any actions or votes requested from the Board, and listing all
persons whose presence is requested or required for Board deliberation or action.
b) Requests to place an item on the agenda for a specific regular Board meeting, including any
supporting documents or other materials, shall be submitted to the Town Manager no later
than Noon on the Wednesday preceding that meeting. Notwithstanding a failure to submit a
timely request, the Chair may discretionarily authorize the item's inclusion in the Board's
agenda.
c) All requests to place an item on the agenda for a regular Board meeting shall be acted on in
accordance with the Select Board's scheduling needs. Requests to place an item on the
agenda that requires a public hearing shall be scheduled only in compliance with the
provisions of this Section's paragraph 5, below.
4) Agendas for Special and Emergency Meetings. Agendas for special and emergency meetings shall
be prepared by the Chair, with the assistance of the Town Manager, to conform to the purpose(s)
for which the meeting is called.
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5) Public Hearing Agenda Items. Proponents requesting public hearings before the Board shall make
an appointment with Staff before submission of an application or other request that requires the
hearing.
SECTION 6: PROCEDURES DURING MEETINGS
1) Board Member Meeting Attendance and Conduct.
a) Any Board member who misses more than three (3) consecutive meetings or is unable to
attend more than 75% of the Board's meetings, should consider resigning from the Board,
absent special circumstances that otherwise justify those absences.
b) Board members shall come to a meeting prepared to review or to make informed decisions
on matters before the Board.
c) To assist the Board in focusing on the business at hand, Board members shall refrain from
interrupting other speakers, making personal comments not germane to the business of the
Board, conferring privately, or otherwise interfering with the orderly conduct of a Board
meeting.
d) Board members shall base their decisions on the merits and substance of the matter at
hand, rather than on unrelated considerations.
2) Procedural Rules.
a) The Chair shall ensure that all Board meetings are orderly. The Chair may, subject to these
Rules, exercise supervisory authority over the conduct of Board meetings.
b) No person shall address the Board without permission from the Chair.
c) If recognized by the Chair to speak, such persons shall state their name and residential or
business address.
d) Each speaker who is not a Board member or a Town employee shall be limited to two (2)
minutes of speaking time unless additional time is authorized by the Chair. All time limits
will be enforced at the discretion of the Chair and may be overridden by a majority vote of
the Board members present at the meeting.
3) Public Participation during Meetings.
a) The Open Meeting Law, M.G.L. c.30A, §20(g), provides:
No person shall address a meeting of a public body without permission of the Chair, and
all persons shall, at the request of the Chair, be silent. No person shall disrupt the
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proceedings of a meeting of a public body. If, after clear warning from the Chair, a
person continues to disrupt the proceedings, the Chair may order the person to
withdraw from the meeting and if the person does not withdraw, the Chair may
authorize a constable or other officer to remove the person from the meeting.
b) Pursuant to paragraph 2, of Section 5, above, the Board's agenda for regular meetings shall
include an opportunity for public participation called the "Public Forum."
c) The Public Forum shall serve as a limited public forum solely for the public to provide input
for the Board on matters within the Board's jurisdiction.
d) The Board shall not be obligated to respond to statements made during the Public Forum or
during any other public participation periods.
e) The Board shall not deliberate or otherwise act on issues brought before the Board during
the Public Forum. If an issue raised during the Public Forum requires immediate deliberation
or action, the Chair may call an emergency meeting of the Board for that purpose.
f) The Chair is not required to allow public participation for any agenda item other than: (1) a
Public Forum; (2) an agenda item that requires a public hearing; or (3) any agenda item for
which public participation is required by law or is requested by a majority of the Board.
SECTION 7: PROCEDURES FOR HEARINGS
1) Public Hearings. Public hearing shall be called when required by Town Charter, Town Bylaw, or by
the Massachusetts General Law or any other action for which the Select Board, in its discretion,
determines a public hearing will be useful.
2) Public Hearing Notices. Notice of a public hearing shall be advertised and provided to applicants,
petitioners, and parties of interest as required by law.
3) Expenses. All expenses associated with any public hearing that the Board is required to hold by law
may be required to be borne by the applicant to the extent provided for or allowable by law.
4) Information. Staff shall provide relevant information about the public hearing notification process
to any applicant or member of the public upon request.
5) Site Inspections. Where an application or request applies to one or more sites, all Board members
and Staff are expected to review all sites relevant to a public hearing before the hearing. All site
visits required for a public hearing shall be conducted in compliance with the Open Meeting Law.
6) Public Hearing Procedures.
a) Principal speakers shall identify themselves to the Chair before the start of a public hearing.
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b) The Chair shall open a public hearing by identifying the purpose of the hearing, reading the
hearing notice aloud, and explaining the rules to be followed during the hearing.
c) If testimony at a public hearing must be given under oath, the Chair shall administer the
oath in front of all present.
d) Questions of any speaker shall be accepted first from Board members and then from the
public.
e) All public questions shall be addressed through the Chair. Questioners shall specify to
whom that question is addressed.
f) After arguments, citizens may record themselves in agreement with the speaking side
without making another presentation. (This provision is designed to reduce repetition.)
SECTION 8: MINUTES OF MEETINGS
1) The Chair is responsible to ensure that written meeting minutes are prepared for all meetings.
2) Written minutes shall not include verbatim but shall contain sufficient detail as required by the
Open Meeting Law. Written minutes shall contain the record of exact motions made and votes
taken on those motions.
3) Written minutes shall be prepared as expeditiously as possible to allow the Board to act upon them
at a subsequent regular meeting. All minutes shall be approved within the next three meetings
(including special or emergency) or 30 days from the date of the meeting, whichever is later, unless
good cause exists for delay. Except as provided in paragraph 5(c) of Section 8, approved minutes
shall be filed with the Town Clerk and become a permanent and official record of the meeting.
4) Meeting minutes approved by the Board that are not exempt, in whole or in part, from disclosure
under the Public Records Law, shall be made available on the Town's website and shall be available
for inspection and copying by request addressed to Staff.
5) Executive Session Minutes
a. Executive Session minutes shall be written by Staff or a Board member. Minutes of
Executive Sessions or minutes otherwise exempt, in whole or in part, from disclosure under
the Public Records Law, shall remain in the permanent possession of Staff.
b. Staff, at the direction of the Town Manager, shall review Executive Session minutes to
determine whether continued non -disclosure is warranted and shall prepare a list of
minutes that should be released. The Town Manager shall review said list with the Chair and
the Chair shall make a final decision concerning the minutes to be released. This review shall
take place at least three times a year. Following such a review, the Town Manager shall
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announce those decisions in an open session of a regular Board meeting and those decisions
shall be reflected in the minutes of that meeting.
c. Executive Session minutes shall be stored in a secure location and shall not be released
unless authorized in accordance with paragraph 5(b), above, or as required to comply with
an order issued by the Attorney General pursuant to provisions of the Open Meeting Law,
the Supervisor of Records pursuant to provisions of the Public Records Law, or a court.
SECTION 9: INTERFACE WITH OTHER TOWN BOARDS
It is the Select Board's policy to inform other Town entities of the Board's policies and projects. This
shall be done by exchange of minutes and informational memoranda, and by participation at periodic
Interdepartmental or Joint Board Meetings.
SECTION 10: INDEPENDENCE OF BOARD
Because of the value of independent advice of the Board to the policy and public decision -making
process, members of the Board shall refrain from using their position to unduly influence the
deliberations or outcomes of the Board proceedings.
SECTION 11: POSITIVE WORK ENVIRONMENT
Board members shall support the maintenance of a positive and constructive work environment for
Staff and for residents and applicants dealing with the Board. Board members shall recognize their
special role in dealings with Staff and, except as provided by the Town Charter, shall not interfere with
the professional duties of Staff.
SECTION 12: RECONSIDERATION OF VOTES
The Board may reconsider any vote taken at a prior meeting, without limitations as to time. A motion for
reconsideration shall require a majority of the Board's members in attendance at the meeting at which a
motion for reconsideration is offered.
SECTION 13: AMENDMENTS TO RULES
These Rules may be amended by a majority vote of the Board; provided, however, that the proposed
amendment shall have been submitted to Staff and the Board in writing no less than one week before
the date the amendment is to be voted upon.
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SECTION 14: ROLE OF THE SELECT BOARD
1) A member of the Board, in relation to the member's community, should:
a) Realize that the member's basic function is to make policy, with the day-to-day
management of the town delegated to the Town Manager;
b) Realize that the member is one of a team and should abide by and carry out, all Board
decisions once they are made;
c) Be well informed concerning the duties of a Board member at both local and state levels;
d) Remember that the member represents the entire community at all times;
e) Accept the office as a means of unselfish service, not a means to benefit personally or
politically from the member's Board activities;
f) In all appointments, avoid political patronage by judging all candidates on merit, experience,
and qualifications only; and
Abide by the ethics established by the State and not use the position to obtain inside
information on matters, which may benefit someone personally.
2) A member of the Board, in relations to the Town Manager, should:
a) Endeavor to establish sound, clearly defined policies that will direct and support the
administration for the benefit of the people of the community;
b) Recognize and support the administrative chain of command and refuse to act on
complaints as an individual outside the administration; and
c) Give the Town Manager full responsibility for discharging the disposition and solution.
3) A member of the Board, in the member's relations with fellow board members, should:
a) Recognize that action at official legal meetings is binding and that the member alone cannot
bind the Board outside of such meetings;
g)
b) Not make statements or promises of how the member will vote on matters that will come
before the Board until the member has had an opportunity to hear the merits of the issue
during a Board meeting;
c) Uphold the intent of Executive Session and respect the privileged communication that exists
in Executive Session;
d) Make decisions only after all facts on a question have been presented and discussed; and
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e) Treat with respect the rights of all members of the Board despite differences of opinion.
SECTION 15: USE OF PUBLIC RESOURCES
Select Board members shall not use public resources that are unavailable for use by the public, including
Staff time, equipment, and facilities, for private or personal purposes.
SECTION 16: EFFECTIVE DATE
These standing procedures are effective on December 1, 2020.
SECTION 17: DISTRIBUTION
A copy of these procedures shall be provided to each newly elected Board member. An electronic copy
of these procedures will be made accessible to the public through a link on the official website of the
Select Board. Members of the public may obtain a hardcopy of these procedures by request through the
Office of the Town Manager.
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The Honorable Select Board:
Brendan Tedstone, Chair
n I srullah, Vice Chair
Brian Her
C
CC
Amy Ritterbusch
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