HomeMy Public PortalAboutBoard & Committee Orientation HandbookTown of Hopkinton
Board/Committee
Orientation Handbook
October 20, 2021, Revised August 29, 2022
Town Manager’s Office
18 Main Street
Hopkinton, MA 01748
www.hopkintonma.gov
Table of Contents
Introduction 3
Appointment and Term of Office 3
Vacancies 3
Resignations 4
Board/Committee Officers 4
Meetings 4
Emergency Meetings 5
What Constitutes a “Meeting” and a “Deliberation”?5
Meeting Notices/Agendas 6
Process for Posting Agendas 7
Quorum and Communications 8
Remote Participation 8
Executive Session 10
Conduct of Meetings 11
Meeting Minutes 11
Public Records and Records Requests 12
Records Management 14
Budget Requests/Fiscal Year 14
Expending Funds and Paying Invoices 15
Annual Town Report 16
Resource Links 16
Appendix A - Checklist for Meeting Minutes 17
Appendix B - Meeting Notice Checklist 18
Appendix C - Checklist for Entering into Executive Session 20
Appendix D - Voting/Motion Procedure Guide 21
Appendix E - Hopkinton Home Rule Charter 22
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Introduction
Congratulations on your election or appointment to a Hopkinton board or committee. The Town
of Hopkinton relies on the service of volunteers on boards and committees who assist with
conducting the business of the Town and charting its future - and your service is appreciated!
This handbook is intended to provide basic information that will support you and assist you with
your work. Additional resources are included or linked at the end of the document.
Meetings of public bodies are subject to the requirements of the Open Meeting Law, G.L. c.30A,
§§18-25 and the Attorney General’s implementing regulations, 940 CMR 29.00. When first
appointed or elected, each new board/committee member receives a link to the Open Meeting
Law Guide prepared by the Massachusetts Attorney General’s Office. It is your responsibility to
understand the Guide and to enforce it. For your reference, a link to the Guide is here:
https://www.mass.gov/doc/open-meeting-law-guide-and-educational-materials-0/download
Appointment and Term of Office
All board and committee members must be sworn in by the Town Clerk before taking office, so
this is the first thing you need to do after being appointed. After the vote by your appointing
authority, you will receive an email with information about taking an online Conflict of Interest
training course and taking the oath of office, administered by the Town Clerk.
Most board and committee members are elected or appointed to a specific term of office.
Exceptions are those who are appointed to committees that run for the life of a specific project.
Appointments are made by an appointing authority, which may be the Select Board or another
Town board/committee, and the term of office will be stated at the time of appointment. A
database of board/committee members on the Town website (www.hopkintonma.gov) lists the
date on which each term ends and term limits where applicable.
Vacancies
When an individual’s term of office is ending, when there is a resignation, or when a new
board/committee is created, a vacancy occurs. The Town Charter requires that there must be
public notice of all vacancies for appointed office for a minimum of 10 days, and that
appointments may not be made until at least 17 days have passed since the posting. Anyone
requesting appointment, including incumbents who wish to be reappointed, must submit an
online application via the Town website requesting appointment. The appointing authority will
consider all applications at a public meeting before making the appointments.
The Town Charter sets out the procedure for when there is a vacancy in an elected office. For
more information on that process, please see the Sections 4-11 and 6-4 of the Town Charter in
Appendix D.
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Resignations
If an appointed board/committee member wishes to resign before the expiration of the term, the
member must send a letter of resignation, which may be by email, to their appointing authority.
The appointing authority must then vote to accept the resignation before it is official.
Elected board/committee members must send a letter of resignation to the Town Clerk. The
remaining members of the elected board/committee must then give notice to the Select Board
and the public of the vacancy (See Town Charter, Section 4-11).
Board/Committee Officers
Every Board and Committee should annually select the following officers:
●Chair - The Chair runs the meeting, sets the agenda, and represents the
board/committee at other meetings/events as needed.
●Vice Chair - The Vice Chair performs the duties of the Chair when the Chair is not
present.
●A member to take meeting minutes, if a board/committee does not have staff available.
The position can be called Clerk, Secretary, or a similar term.
In addition, a board or committee that has a budget or other funds to spend may wish to
designate a member as Treasurer, who monitors the budget/funds and works with its staff or
with staff in the Accounting Dept. to pay invoices received, once the expenditure has been
approved by a vote of the entire board/committee. It is important to work closely with the Town’s
Finance Dept. staff with respect to the expenditure of Town funds.
It is good practice to rotate these duties each year.
Meetings
With certain exceptions, all meetings of a public body must be open to the public. Those
exceptions are described in the executive session section below.
A “public body” includes any multi-member board, commission, committee or subcommittee.
Prior to scheduling a meeting, please be sure the meeting does not coincide with a state or
federal holiday. In addition, religious holidays should be avoided if possible, since it may
negatively affect the availability and participation of board/committee members and the public.
The Secretary of State’s office strongly cautions against holding meetings and hearings on state
and municipal election days. Certain provisions of the Mass. General Laws explicitly prohibit
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holding Zoning and Affordable Housing hearings on any day on which a state or municipal
election, caucus or primary is held in a town.
Meetings should be held in public, accessible places within the town.
Your staff can arrange for the meeting space on the board/committee’s behalf. For
boards/committees without staff, the Town Clerk’s office may arrange for meeting space in Town
Hall. Since space is limited, it is best to arrange for meeting locations as early as possible. If the
board/committee has a regular meeting schedule, consider arranging for several meeting dates
at a time.
For meetings at the Senior Center, DPW building or the Schools, please contact those
departments directly. The Library has an online reservation system for reserving space.
Emergency Meetings
In the event of an emergency, which is a sudden, unexpected occurrence which requires
immediate action by the board/committee, notice may be posted less than 48 hours in advance
of the meeting. As soon as the emergency meeting is scheduled, notice must be posted as soon
as is practicable.
What Constitutes a “Meeting” and a
“Deliberation”?
A meeting of a board or committee occurs any time a quorum of board or committee members
meets to deliberate regarding any public business or policy over which the board or committee
has some jurisdiction or advisory authority.
The Open Meeting Law defines deliberation as “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.” Distribution of a meeting agenda, scheduling or the forwarding
of procedural information, reports or documents that may be discussed at a meeting will
generally not constitute deliberation - but no member of the public body may express their
opinions, ideas, feelings or beliefs concerning substantive matters within the body’s jurisdiction
in those communications. In fact, email exchanges between or among a quorum of the
members of a public body discussing matters within that body's jurisdiction may constitute
deliberation in violation of the Open Meeting Law, even if the sender of the email does not ask
for a response from the recipients.
There are four exceptions to the definition of a “meeting” under the Open Meeting Law that
pertain to local boards and committees:
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1.Members of a public body may conduct an on-site inspection of a project or program;
2.Members of a public body may attend a conference, training program or event;
3.Members of a public body may attend a meeting of another public body provided that
they communicate only by open participation, and
4.Annual and Special Town Meetings.
Please note that deliberation by a quorum outside of a posted meeting, even if that gathering
might not constitute a “meeting” for purposes of the Open Meeting Law, would still likely
constitute a violation of the Open Meeting Law and would be prohibited.
Meeting Notices/Agendas
In accordance with the Open Meeting Law, all meetings in which any discussion or deliberation
will occur between a quorum of board or committee members must be posted with the meeting
agenda. The notice/agenda must be posted with the Town Clerk at least 48 hours in advance of
the meeting. Please allow enough time to permit posting of the notice by the Town Clerk once
received. Therefore, agendas should be posted with the Town Clerk no later than 30 minutes
before the close of business. Town Hall closes at 4:30 p.m. on Monday, Wednesday and
Thursday, 7:00 p.m. on Tuesday, and 2:00 p.m. on Friday.
This minimum 48-hour posting requirement excludes Saturdays, Sundays and legal holidays.
For example, a meeting being held at 7:00 p.m. on Monday must be posted before 7:00 p.m. on
the Thursday preceding the meeting. Similarly, a meeting being held at 7:00 p.m. on Tuesday
must be posted before 7:00 p.m. on the Friday preceding the meeting. However, please note
that meeting notices/agendas are officially received only during Town Hall business hours.
Therefore, if Town Hall closes at 2:00 p.m. on Friday, you should post no later than 1:30 p.m.
rather than waiting until 2:00 p.m.
Hopkinton‘s official method of notice/agenda posting is the Town website. This means that the
agenda must be online and attached to the online calendar on the Town website.
The meeting notice/agenda must be in a legible and easily understood format, and at a
minimum, include the following:
1.Date and time of the meeting;
2.Place of the meeting, including street address;
3.A listing in detail of all topics that the board/committee chair reasonably anticipates will
be discussed, including any planned executive session with the stated reason for the
executive session.
The agenda is for the public as well as the board/committee. Therefore, agenda item
descriptions should be able to be clearly understood by someone who is not familiar with the
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board/committee’s business or activities. The purpose is for the public to know what the
board/committee will be discussing. Avoid using acronyms, technical terms, place names, etc.
that are not commonly known or which are undefined.
The use of the terms “old business” and “new business” as stand-alone agenda items is not
allowed; instead, a detailed description of the new and old business items to be discussed
should be listed, if such terms are used on the agenda.
Preparing the agenda is typically the responsibility of the Chair or the Chair and staff, if staff
support is available to the board/committee. It is a good idea to start building the agenda several
days before the meeting.
The Chair or staff should distribute the agenda by email to board/committee members in
advance of the meeting, along with any materials or documents that will be used at the meeting.
If the notice and/or agenda is amended within 48 hours of a meeting, not including Saturdays,
Sundays and legal holidays, then the date and time the meeting and/or agenda is amended
must also be conspicuously recorded on or with the notice.
Please see the meeting notice checklist in Appendix B.
Process for Posting Agendas
Agendas must be posted/filed with the Town Clerk’s office AND they must be electronically
linked to the online meeting calendar on the Town website.
There are a few options for filing the agenda with the Town Clerk’s office:
1.Electronically by email to townclerk@hopkintonma.gov or directly via email to the Town
Clerk or the Assistant Town Clerk personally, OR
2.For staff with access, by email to allagendas@hopkintonma.gov (emails to this address
appear immediately on the Town website), OR
3.Delivery of a paper copy in person to the Town Clerk’s office during business hours.
Posting the agenda to the online meeting calendar will be done by staff for those
boards/committees with support, and by the Town Clerk’s office for those without staff support.
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Quorum and Communications
Unless otherwise specified in the Town bylaws, the Charter or the Mass. General Laws, quorum
consists of a simple majority of the members of a public body. A public body without a quorum
may not meet to conduct business.
A communication among fewer than a quorum of the members of a public body will not
automatically constitute a deliberation in violation of the Open Meeting Law. However, serial
communications among the members of the public body that together constitute communication
among a quorum of members would constitute a violation of the Open Meeting Law. Further,
courts have held that the Open Meeting Law applies when members of a public body
communicate in a manner that seeks to evade the application of the law. Thus, in some
circumstances, communications between two members of a public body, even if two members
would not constitute a quorum, when taken together with other communications, may constitute
deliberation.
Remote Participation
The Attorney General’s Open Meeting Law Regulations permit remote participation, if accepted
by the local Select Board, in certain circumstances. The Hopkinton Select Board has accepted
the option of remote participation. Therefore, any board or committee may take advantage of
this option if needed. Please note that the remote participation allowed during the Covid-19
pandemic is a bit different than remote participation under the Open Meeting Law in normal
circumstances. Please see the box below for special remote participation options available until
March 31, 2023. During the pandemic, meetings are allowed to be held wholly remotely, but that
isn’t what the Open Meeting Law allows under normal circumstances.
Special Remote Participation Options in Effect until March 31, 2023
On July 16, 2022, Governor Baker signed into law An Act Relative to Extending Certain State of
Emergency Accommodations, which, among other things, extends the expiration of the
provisions pertaining to the Open Meeting Law to March 31, 2023. Specifically, this extension
allows public bodies to continue holding meetings remotely without a quorum of the public body
physically present at a meeting location, and to provide "adequate, alternative" access to remote
meetings. The Act does not make any new changes to the Open Meeting Law other than
extending the expiration date of the temporary provisions regarding remote meetings from July
15, 2022, to March 31, 2023.
The law allows public bodies to continue providing live “adequate, alternative means” of public
access to the deliberations of the public body, instead of holding meetings in a public place that
is open and physically accessible to the public. “Adequate, alternative means” may include,
without limitation, providing public access through telephone, internet, or satellite enabled audio
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or video conferencing or any other technology that enables the public to clearly follow the
proceedings of the public body in real time.
The law authorizes all members of a public body to continue participating in meetings remotely;
the Open Meeting Law’s requirement that a quorum of the body and the chair be physically
present at the meeting location remains suspended.
Additional guidance is here:
https://www.mass.gov/service-details/updated-guidance-on-holding-meetings-pursuant-to-the-ac
t-extending-certain-covid-19-measures
When any—or all—public body members participate in a meeting remotely, the following
requirements apply:
1.At the start of the meeting, the Chair must announce the name of the member or
members who are participating remotely; such information must also be recorded in the
meeting minutes.
2.All votes must be taken by roll call.
3.Members of the public body must be clearly audible to each other and to members of the
public at all times.
4.When holding an executive session remotely, the public body must still take all required
procedural steps for entering into executive session in open session. At the beginning of
the executive session, each public body member participating remotely must state that
no other person is present or able to hear the discussion at the remote location, unless
the public body has approved the presence of that individual.
Should the public body encounter technical problems while meeting remotely, the person
chairing the meeting may decide how to address the technical difficulties, but is encouraged
wherever possible to suspend discussion while reasonable efforts are made to correct any
problem that interferes with a remote participant's ability to hear or be heard clearly. If technical
difficulties result in a remote participant being disconnected from the meeting, that fact and the
time at which the disconnection occurred must be noted in the meeting minutes.
After March 31, 2023, the “regular” Open Meeting Law provisions on remote participation will
apply. In that circumstance, a quorum of the body, including the Chair or, in the Chair ’s absence,
the person chairing the committee, must be physically present at the meeting location. Having
satisfied this requirement, other members of a public body may participate remotely if the Chair
or, in the Chair ’s absence, the person chairing the meeting, determines that the remote
member ’s physical attendance would be unreasonably difficult.
Even though some members may participate remotely, the Attorney General strongly
encourages members of public bodies to physically attend meetings whenever possible.
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Members of public bodies have a responsibility to ensure that remote participation in meetings
is not used in a way that would defeat the purposes of the Open Meeting Law. In other words,
public bodies must strive to promote transparency with regard to the deliberations and decisions
on which public policy is based.
Acceptable means of remote participation include telephone, internet, or satellite enabled audio
conferencing, or any other technology that enables the remote participant and all persons
present at the meeting location to be clearly audible to one another. Accommodations must be
made for any member of a public body who requires TTY service, video relay service, or other
form of adaptive telecommunications to the extent those devices are available. Text messaging,
instant messaging, email, web chat and any other technology/methods of communication
without audio are not acceptable methods of remote participation.
Executive Session
Executive session may be called for a very limited set of circumstances, including certain
discussions of disciplinary action, collective bargaining, etc. A full listing of appropriate use of
executive session is contained in the Open Meeting Law Guide. When in doubt about the
appropriateness of using executive session, boards and committees should consult with
appropriate staff or the Town Manager.
In order to move into executive session, the session must appear on the meeting notice/agenda
(except in limited circumstances), and the chair must take the following steps:
●Convene in open session; state the reason for the executive session, stating all subjects
that may be revealed without compromising the purpose for which the executive session
was called;
●State whether the public body will reconvene in open session at the end of the executive
session. If the meeting will adjourn upon completion of the executive session, a common
indication is "to return to open session only to adjourn;" and
●Take a roll call vote of the body to enter executive session (be reminded further that all
votes taken in executive session must be recorded on a roll call as well).
Under certain circumstances, additional procedures must be followed prior to convening an
executive session. If the board or committee desires to call for an executive session in order to
discuss the discipline, character, criminal conduct, etc. of an individual, that individual must be
given 48-hours advance notice (as that period is calculated under the Open Meeting Law). Note
that an individual to be discussed in executive session has the right under law to instead have
the matter be heard in open session. Any board or committee considering executive session for
this purpose should consult with the Town Manager before acting.
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If a member is participating remotely in an executive session, that member must state at the
start of the executive session that no other person is present and/or able to hear the discussion
at the remote location. The public body may authorize, by a simple majority vote, the presence
and participation of other individuals at the remote participant’s location.
Please see the Checklist for Entering into Executive Session in Appendix C.
Conduct of Meetings
The Town does not recommend that boards/committees follow “Robert's Rules of Order” for the
conduct of meetings, due to its complexity and because all of the parliamentary procedures
contained in it are not necessary for most board and committee meetings. Instead, the Chair
sets expectations for the other members of the public body and establishes the procedures by
which the public body will operate. Generally, for each agenda item, there is a description of the
issue, member discussion, and then votes may be taken if needed. The Chair runs the meeting.
The public often attends board or committee meetings. However, the fact that the public can
attend does not entitle members of the public to speak, unless there is a public hearing. Under
the Open Meeting Law, members of the audience, whether taxpayers, voters, or non-residents,
may address the board only with the permission of the chair/presiding officer.
The public has a right to attend any open session of a board/committee meeting. Members
should not ask audience members why they are in attendance. Members should not ask
audience members to identify themselves unless they request to speak.
Any member of the public may make an audio or video recording of an open session of any
public meeting after notifying the Chair, and must comply with reasonable requirements
regarding audio or video equipment established by the Chair so as not to interfere with the
meeting. The Chair is required to inform other attendees of any such recording at the beginning
of the meeting.
Board and committee members are expected to act at all times in the best interests of the Town.
During meetings, members are expected to act in a manner consistent with federal, state and
local law and regulations; perform their duties to the best of their abilities; conduct themselves
professionally; and be respectful of other people’s positions and actions.
Meeting Minutes
Minutes must be kept for each meeting of a public body. The Open Meeting law requires every
public body to maintain accurate records of its meetings, which must contain the following:
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●The time, date, and place of the meeting;
●The members present or absent;
●The decisions made and actions taken, including a record of all votes;
●A summary of the discussions on each subject;
●A list of all documents and exhibits used at the meeting; and
●The name of any member who participated in the meeting remotely.
Please see the Checklist for Meeting Minutes in Appendix A.
While the board/committee must identify in the minutes all documents and exhibits used at the
meeting and must retain them in accordance with the Secretary of the Commonwealth’s records
retention schedule, they need not be attached to or physically stored with the minutes. Please
see the Records Management section below.
Minutes of all open and executive sessions shall be created and approved in a timely manner. A
“timely manner” is considered to be within the next three public body meetings or within 30
days, whichever is later, unless the public body can show good cause for further delay. The
Attorney General encourages public bodies to approve minutes at the next meeting whenever
possible. Please be aware that if a request is made for the minutes prior to their approval, such
minutes must be provided within 10 business days whether they have been approved or remain
in draft form.
After minutes are approved, a copy should be provided to the Town Clerk’s office. However, this
may not constitute the official permanent record of the minutes. The Supervisor of Public
Records has ruled that a paper copy of the final minutes must be retained permanently, on bond
or rag paper. For information about archiving minutes, contact the Town Clerk’s office.
Minutes for executive sessions may remain private as long as their publication would defeat the
lawful purpose of the executive session, but no longer. Boards/committees must periodically
review their executive session minutes to determine whether continued non-disclosure is
warranted. These determinations must be included in the minutes of the board/committee
meeting.
Public Records and Records Requests
Every record that is made or received by a government entity or employee is presumed to be a
public record unless a specific statutory exemption permits or requires it to be withheld in whole
or in part. This includes your board or committee. The Massachusetts Public Records Law and
the Public Records Regulations provide information on what constitutes a public record and the
rights of access to records.
The public has a right to most records that are in possession of government entities.
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A public record is defined as all books, papers, maps, photographs, recorded tapes, financial
statements, statistical tabulations, or other documentary materials or data, regardless of
physical form or characteristics, made or received by a governmental entity unless such
materials or data fall within one or more of the exemptions found in M.G.L. c. 4, § 7(26) or other
legally applicable privileges.
The definition includes emails, meeting minutes, and other records.
A list of the exemptions referred to in the definition is contained in the Law and in “A Guide to
the Massachusetts Public Records Law” at this link
https://www.sec.state.ma.us/pre/prepdf/guide.pdf.
The law requires the designation of a Records Access Officer (RAO) for the Town. The Town
Clerk is Hopkinton’s designated RAO, and additional RAO’s are designated in several Town
Departments.
If a member of your board/committee or the board/committee itself receives a public records
request, it should immediately be transmitted to the RAO. A records request may be in person
or in writing (mail, fax or email), and the requestor must provide a reasonable description of the
desired information.
The RAO is responsible for determining which board/committee/department may be in
possession of the records, for obtaining the records and providing the records to the requestor.
The RAO must respond to the request for records within 10 business days. If a board/committee
member is contacted by an RAO and is seeking records, the member is responsible for
searching for all responsive records in their possession and for providing them to the RAO as
soon as possible.
It is important to note that records requests are for existing records. A government entity is not
required to create records in response to a request.
A request for information from someone is not necessarily the same as a formal public records
request. For example, if someone asks for information about a local bylaw or an application
process, it is generally not considered a public records request.
That being said, there are many requests for documents that are handled quickly as a matter of
course in the conduct of doing business. For example, someone should not have to submit a
public records request in order to obtain an application or meeting minutes. Such documents
should be readily available and provided quickly - and they may be available via the Town
website.
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Records Management
The Secretary of the Commonwealth’s office creates and maintains a Municipal Records
Retention Schedule, which is available online (See Resource links below). Certain records
require written permission from the State’s Supervisor of Records prior to their destruction.
Certain records must be retained for a specified period of time, and some permanently.
Board/committee staff and the Town Clerk’s office can assist with records retention and
archiving.
Municipal records should be retained in municipal buildings if at all possible.
The Municipal Records Retention Schedule provides for the retention of the following common
records as follows:
●General administrative correspondence associated with administrative practices but
does not create policy or procedure - 3 years
●Correspondence documenting policy development, sent or received by individuals who
exercise decision making authority on policy matters - 5 years
●Historically significant records, including reports, studies, surveys, models and analyses
- Permanent
●Meeting Minutes - Permanent
●Meeting Agendas - 1 year
●Legal Opinion Letters - Permanent
Please consult your staff or the Town Clerk’s office with questions about records retention and
destruction.
Budget Requests/Fiscal Year
The Town’s fiscal year runs from July 1 through June 30 of the following year. The Town’s
budget process begins each fall for the next fiscal year, and the Chief Financial Officer (CFO)
will distribute budget request forms in late September. If your board or committee has not
requested or received funding before, please reach out to the CFO to request the necessary
forms, as they are typically only distributed to those who previously received budget funds.
In general, the process is:
1.Budget request forms distributed late September
2.Budget forms due in November
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3.Town Manager reviews budget requests and submits recommended budget to Select
Board in January
4.Budget hearings by Select Board and Appropriation Committee, February - April
5.Budgets voted at the Annual Town Meeting, the first Monday in May
6.Funding voted at the Annual Town Meeting becomes available on July 1; funds should
be expended by June 30 of the following calendar year.
Any budget funds appropriated for boards/committees that are not expended during the fiscal
year for which they are appropriated, will not be available after June 30. If there are existing
contracts in place, or invoices that have not yet been received for funds that will be expended
after June 30, then the funds needed may be encumbered and will be available after June 30.
Please contact the Accounting office before June 30 to encumber funds.
Expending Funds and Paying Invoices
The process for purchasing goods and services, and then expending funds available to a
board/committee is as follows:
1.An important step is to determine what you need. A board/committee discussion is
important in this regard. Sometimes this is simple, for example placing legal ads in
newspapers or having copies made for Town Meeting, which are items that may occur
regularly.
2.If the expenditure is a new initiative or item, it is a good idea to have a more in depth
review to determine whether the expenditure is within the scope of what was
appropriated at Town Meeting, and is within the jurisdiction of the board/committee.
3.Expenditures under $10,000 require the use of sound business practices to ensure
favorable pricing by soliciting quotes from responsive and responsible vendors (see
Mass. General Laws Chapter 30B, Uniform Procurement Act). It is recommended that
quotes be obtained in writing. Expenditures over $10,000 require a formal procurement
process. Please consult the Procurement and Grants Manager or the Accounting office
before proceeding.
4.If you will be soliciting quotes, it is important to have a written purchase description or
scope of services, to make sure the work products or deliverables are what you need.
5.If the services/project requires a contract, please contact the Procurement and Grants
Manager or the Accounting office in advance. The Town has standard contract forms,
and they must be signed by the Town Manager.
6.Once you have received the goods/services and are ready to pay an invoice, the
board/committee should vote to pay the invoice at the next meeting. Please vote to pay
invoices promptly, so as to avoid late payments.
7.For boards/committees with dedicated Town staff assistance, the staff will process the
invoices for payment for you, once the board/committee has voted to pay an invoice.
For boards/committees without staff, the invoice with a note indicating that there has
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been a vote to pay, should be submitted to the Accounting office via email or on paper,
with a copy of the invoice.
Annual Town Report
The Select Board is responsible for issuing the Annual Town Report, which must be issued no
later than 14 days before the Annual Town Meeting. Each board and committee will be
requested to provide its annual report for the previous calendar year in January every year. An
email will be sent to board and committee chairs, generally in December, indicating what the
report should contain and when it is due. During the year, a board/committee can be thinking
ahead, taking pictures it might want to include, keeping a list of activities/events that occurred
during the year, and compiling metrics that the public might find informative. Financial reports
are not necessary to include, as those will be provided by the Finance Department.
The Annual Town Report is an opportunity to provide information to the public about what your
board/committee does and how it serves the community.
The Annual Town Report, when published, is available online on the Town website and paper
copies are available at the Annual Town Meeting. Older reports are available online on the Town
website.
Resource Links
Open Meeting Law Guide
https://www.mass.gov/doc/open-meeting-law-guide-and-educational-materials-0/download
A Guide to the Massachusetts Public Records Law
https://www.sec.state.ma.us/pre/prepdf/guide.pdf
Municipal Records Retention Schedule
https://www.sec.state.ma.us/ARC/arcpdf/Municipal_Retention_Schedule_20200406.pdf
Massachusetts Procurement Law
https://www.mass.gov/doc/the-chapter-30b-manual-procuring-supplies-services-and-real-propert
y-legal-requirements/download
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Appendix A - Checklist for Meeting Minutes
Public Body Checklist
for Creating and Approving Meeting Minutes
Issued by the Attorney General’s Division of Open Government – September 25, 2017
Minutes must accurately set forth the date, time, place of the meeting, and a list of the
members present or absent. G.L. c. 30A, § 22(a).
Minutes must include an accurate summary of the discussion of each subject.See G.L. c.
30A, § 22(a). The 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.
The minutes must include a record of all the decisions made and the actions taken at each
meeting, including a record of all votes. G.L. c. 30A, § 22(a).
The minutes must include a list of all of the documents and other exhibits used by the public
body during the meeting. G.L. c. 30A, § 22(a). Documents and exhibits used at the meeting
are part of the official record of the session, but do not need to be physically attached to the
minutes.See G.L. c. 30A, §§ 22(d), (e).
If one or more public body members participated remotely in the meeting, the minutes must
include the name(s) of the individual(s) participating remotely. 940 CMR 29.10(7)(b).
If one or more public body members participated remotely in the meeting, the minutes must
record all votes as roll call votes. 940 CMR 29.10(7)(c).
Executive session minutes must record all votes as roll call votes. G.L. c. 30A, § 22(b).
The minutes must be approved in a timely manner. G.L. c. 30A, § 22(c). A “timely manner”
will generally be considered to be within the next three public body meetings or within 30
days, whichever is later, unless the public body can show good cause for further delay. 940
CMR 29.11(2).
Note that this checklist is intended as an educational guide, and does not constitute proof of compliance
with the Open Meeting Law. Checklists are updated periodically, so please confirm that you are using the
most current version. For questions, please contact the Attorney General’s Division of Open Government
at 617-963-2540 or via email at openmeeting@state.ma.us.For more information on the Open Meeting
Law, please visit www.mass.gov/ago/openmeeting.
17
Appendix B - Meeting Notice Checklist
Public Body Checklist for Posting a Meeting Notice
Issued by the Attorney General’s Division of Open Government – September 25, 2017
Notice Contents
The notice contains the date, time, and location of the meeting. G.L. c. 30A, § 20(b).
If the meeting is a joint meeting of several public bodies, the names of all bodies
meeting are listed at the top of the notice.
The notice contains all of the topics that the chair reasonably anticipates will be discussed
at the meeting. The topics are sufficiently specific to reasonably advise the public of the
issues to be discussed at the meeting, including executive session topics. G.L. c. 30A §
20(b); 940 CMR 29.03(1)(b).
The notice is printed in a legible, easily understandable format. G.L. c. 30A, § 20(b).
The date and time that the notice is posted is conspicuously recorded on or with the notice.
940 CMR 29.03(1)(d). If the notice is amended within 48 hours of a meeting, not including
Saturdays, Sundays, and legal holidays, then the date and time that the meeting notice is
amended must also be conspicuously recorded on or with the notice. 940 CMR 29.03(1)(d).
Notice Publication
The notice is published at least 48 hours before the meeting, not including Saturdays,
Sundays and legal holidays. G.L. c. 30A, § 20(b).
The notice is posted with the proper authority:
Local public bodies – Filed with the municipal clerk,who must post it in a location
conspicuously visible to the public at all hours in or on the municipal building
where the clerk’s office is located, or to the municipal website if adopted by the
municipality as the official method of posting notices. G.L. c. 30A, § 20(c); 940
CMR 29.03.
State public bodies – Posted to a website, and a copy sent to the Secretary of
State’s Regulations Division. G.L. c. 30A, §20(c).
Regional public bodies – Posted in every municipality within the region, unless the
public body has adopted an alternative notice posting method. G.L. c. 30A, §
20(c); 940 CMR 29.03.
County public bodies – Filed with the office of the county commissioners and a
copy of the notice is publicly posted in a manner conspicuously visible to the
public at all hours in such place or places as the county commissioners shall
designate for the purpose, unless the county has adopted its website as the
official method for posting notices. G.L. c. 30A, § 20(c); 940 CMR 29.03.
Note that this checklist is intended as an educational guide, and does not constitute proof of
18
compliance with the Open Meeting Law. These checklists are updated periodically, so please check
that you are using the most current version. For questions, please contact the Attorney General’s
Division of Open Government at 617-963-2540 or via email at openmeeting@state.ma.us.For more
information on the Open Meeting Law, please visit www.mass.gov/ago/openmeeting.
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Appendix C - Checklist for Entering into
Executive Session
Public Body Checklist for Entering Into Executive Session
Issued by the Attorney General’s Division of Open Government – March 12, 2013
Executive session listed as a topic for discussion on meeting notice, including as much
detail about the purpose for the executive session as possible without compromising the
purpose for which it is called.See G.L. c. 30A, §20(b); 940 CMR 29.03(1)(b).
Public body convened in open session first. G.L. c. 30A, § 21(b)(1).
Chair publicly announced the purpose for executive session, citing one or more of the 10
purposes found at G.L. c. 30A, § 21(a).
Chair stated all subjects that may be revealed without compromising the purpose for
which the executive session was called. G.L. c. 30A, § 21(b)(3). For example, the Chair
identified the party a public body may be negotiating with or the litigation matter the public
body will be discussing.
Chair stated whether the public body will adjourn from the executive session, or will
reconvene in open session after the executive session. G.L. c. 30A, § 21(b)(4).
For Executive Session Purposes 3, 6, and 8:
Chair publicly stated that having the discussion in open session would have a
detrimental effect on the public body’s negotiating position, bargaining position,
litigating position, or ability to obtain qualified applicants. G.L. c. 30A, §§ 21(a)(3),
(6), (8).
A majority of members of the body voted by roll-call to enter into executive session. G.L. c.
30A, § 21(b)(2).
Note that this checklist is intended as an educational guide, and does not constitute proof of
compliance with the Open Meeting Law. Checklists are updated periodically, so please confirm that you
are using the most current version. For questions, please contact the Attorney General’s Division of
Open Government at 617-963-2540 or via email at openmeeting@state.ma.us.For more information on
the Open Meeting Law, please visit www.mass.gov/ago/openmeeting.
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Appendix D - Voting/Motion Procedure Guide
The following is a general guide to Board/Committee voting procedure.
Most board and committee decisions are by majority vote. The voting procedure begins with a
motion, and typically follows board discussion on a particular matter. Any member of the
board/committee may make a motion.
Motion:I move to [state the desired action, such as to approve an application].
Second:I second the motion. (If the motion is not seconded, it does not proceed to a vote.)
Discussion:Board discussion is an opportunity for members to discuss the motion and not the
topic generally.
Vote:The Chair calls for a vote, and members indicate “yes” if they are in favor of the motion
and “no” if they are not.
Amending Motions - A member may move to amend a motion before the vote takes place. If the
maker of the original motion accepts the amendment, it is incorporated into that motion and
does not require a formal vote (otherwise referred to as a “friendly amendment”). However, this
should be stated by the Chair, so that everyone knows what is being voted on. A motion to
amend is:I move to amend the motion [state what specific part(s) of the motion would be
changed; for example to add a condition of approval, change a number, etc..]
New Motions - There can be only one main motion on the floor at a time. If a member prefers a
different motion and an amendment isn’t appropriate or isn’t approved, then the first motion
should be voted down and then a new motion made.
Withdrawing Motions - A motion may be withdrawn by majority vote or unanimous consent.
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Appendix E - Hopkinton Home Rule Charter
Town of Hopkinton, Massachusetts Home Rule Charter
Accepted By Annual Town Election: May 15, 2017
Charter Review Committee
Pamela Waxlax (Chair)
Michelle Murdock (Vice Chair)
Richard Flannery (Clerk)
Todd Cestari
Elizabeth Herlihy
Jean Bertschmann
Curt Cooprider
Submitted: February 10, 2017
Table of Contents
23 ⧫ PREAMBLE
23 ⧫ ARTICLE 1: INCORPORATION, EXISTENCE AND AUTHORITY
23 ⧫ Section 1-1: Incorporation
23 ⧫ Section 1-2: Short Title
23 ⧫ Section 1-3: Intent and Purpose
24 ⧫ Section 1-4: Division of Powers
24 ⧫ Section 1-5: Ethical Standards
24 ⧫ ARTICLE 2: LEGISLATIVE BRANCH
24 ⧫ Section 2-1: Town Meeting
25 ⧫ Section 2-2: Warrants
25 ⧫ Section 2-3: Initiation of Warrant Articles
25 ⧫ Section 2-4: Town Moderator
26 ⧫ Section 2-5: Clerk of the Meeting
22
26 ⧫ Section 2-6: Rules of Procedure
26 ⧫ Section 2-7: Appropriation Committee
26 ⧫ ARTICLE 3: EXECUTIVE BRANCH
26 ⧫ Section 3-1: Board of Selectmen
28 ⧫ Section 3-2: Town Manager
32 ⧫ Section 3-3: Department of Public Works
34 ⧫ ARTICLE 4: Other Elected Officers, Boards and Committees
34 ⧫ Section 4-1: Town Clerk
34 ⧫ Section 4-2: School Committee
35 ⧫ Section 4-3: Planning Board
35 ⧫ Section 4-4: Board of Health
35 ⧫ Section 4-5: Board of Assessors
36 ⧫ Section 4-6: Board of Library Trustees
36 ⧫ Section 4-7: Parks and Recreation Commission
36 ⧫ Section 4-8: Board of Cemetery Commissioners
37 ⧫ Section 4-9: Hopkinton Housing Authority
37 ⧫ Section 4-10: Commissioners of Trust Funds
37 ⧫ Section 4-11: General Provisions
38 ⧫ ARTICLE 5: ELECTIONS
38 ⧫ Section 5-1: Town Election
38 ⧫ Section 5-2: Recall Provision for Elected Officeholders
40 ⧫ ARTICLE 6: ADMINISTRATIVE ORGANIZATION
40 ⧫ Section 6-1: Organization of Town Departments
41 ⧫ Section 6-2: Removals
42 ⧫ Section 6-3: Loss of Office, Excessive Absence
42 ⧫ Section 6-4: Notice of Vacancies
42 ⧫ Section 6-5: Term of Office
42 ⧫ ARTICLE 7: FINANCE AND FISCAL PROCEDURES
42 ⧫ Section 7-1: Fiscal Year
43 ⧫ Section 7-2: Submission of Budget
43 ⧫ Section 7-3: Capital Improvements
23
44 ⧫ Section 7-4: Audits
44 ⧫ ARTICLE 8: GENERAL PROVISIONS
44 ⧫ Section 8-1: Interpretation of Powers
44 ⧫ Section 8-2: Periodic Charter Review
45 ⧫ Section 8-3: Rules and Regulations
45 ⧫ Section 8-4: Severability
45 ⧫ Section 8-5: Effective Date
PREAMBLE:
We, the people of the Town of Hopkinton, Massachusetts, in order to affirm the
customary and traditional liberties of the people with respect to the conduct of our
local government, and to take the fullest advantage inherent in the home rule
amendment of the constitution of the Commonwealth, do hereby adopt the following
Home Rule Charter for this Town.
The Town of Hopkinton welcomes residents of all races, ethnicities, religions, abilities,
gender identifications, and sexual orientations; the Town of Hopkinton, further, is
committed to providing a climate of safety and acceptance to all residents. The Town
of Hopkinton will actively address and resist acts of discrimination, bullying, or
intimidation.
ARTICLE 1: INCORPORATION, EXISTENCE AND AUTHORITY
Section 1-1: Incorporation
The inhabitants of the Town of Hopkinton,within the corporation limits as established
by law,shall continue to be a body corporate and politic with perpetual succession
under the name “Town of Hopkinton.”
Section 1-2: Short Title
This instrument shall be known and cited as the Hopkinton Home Rule Charter.
Section 1-3: Intent and Purpose
It is the intent and purpose of the voters of the Town of Hopkinton, through the adoption
of this Charter, to secure for the Town all the powers possible under the Constitution and
statutes of the Commonwealth, as fully and as completely as though each such power
were specifically and individually enumerated herein.
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The Town of Hopkinton is committed to equal opportunity, diversity and inclusion and
believes that a positive culture of inclusion in Town governance contributes to the
Town’s overall qualities as a great place to live and work. To this end, appointments
and promotions of Town officers and employees shall be made solely on the basis of
merit and fitness demonstrated by examination or other evidence of competency and
suitability.
Section 1-4: Division of Powers
The administration of all the fiscal, prudential and municipal affairs of the Town shall
be vested in an executive branch headed by a Board of Selectmen and
administered by a Town Manager. The legislative powers shall be exercised by an
open Town Meeting.
Section 1-5: Ethical Standards
Elected and appointed officers and employees of the Town of Hopkinton are expected
to demonstrate, by their example, in general conduct and in the performance of their
duties and responsibilities, the highest ethical standards to the end that the public may
justifiably have trust and confidence in the integrity of its government. Elected and
appointed officers and employees of the Town of Hopkinton are expected to recognize
that they act always as agents for the public, that they hold their offices or positions for
the benefit of the public, that the public interest is their primary concern, and that they
are expected to faithfully discharge the duties of their offices regardless of personal
considerations. Elected and appointed officials and employees of the Town of
Hopkinton shall not use their official positions to secure or grant special consideration,
treatment, advantage, privilege or exemption to themselves or to any other person
beyond that which is available to every other person.
ARTICLE 2: LEGISLATIVE BRANCH
Section 2-1: Town Meeting
The legislative powers of the Town shall be exercised by a Town Meeting open to all
registered voters of the Town. The Town Meeting shall provide for the exercise of all of
the powers of the Town and for the performance of all duties and obligations
imposed upon the Town for which no other provision is made by the Massachusetts
General Laws, by this Charter or by Town Bylaw.
The Annual Town Meeting shall be held on a date fixed by Town Bylaw. Special Town
Meetings shall be held at the call of a majority of the full Board of Selectmen at such
times as they deem necessary, in order to transact the legislative business of the Town in
25
an orderly manner. Special Town Meetings shall also be held on the petition of two
hundred (200) or more voters, in the manner provided by the Massachusetts General
Laws or by Town Bylaw.
Section 2-2: Warrants
Every Town Meeting shall be called by a warrant issued by the Board of Selectmen,
which shall state the time and place at which the meeting is to convene and, by
separate articles, identify the subject matter to be acted upon. The publication of the
warrant for every Town Meeting shall be in accordance with the Massachusetts
General Laws and with any Town Bylaw governing such matters.
Section 2-3: Initiation of Warrant Articles
(a)Initiation – Subject to Sections 2-3(b) and (c)of this Charter, the Board of
Selectmen shall, at any time, receive petitions requesting the submission of any matter
to the Town Meeting and which are filed by: (1) any department head, (2) any board
or committee acting by a majority of its members, (3) any ten (10) voters for an Annual
Town Meeting or any one hundred (100) voters for a Special Town Meeting.
(b)Inclusion in the Warrant – Annual Town Meeting – The Board of Selectmen
shall include in the warrant, for an Annual Town Meeting, the subject matter of all
petitions that it has received at least ninety (90) days prior to the date fixed by Town
Bylaw for Town Meeting to convene. The Board of Selectmen shall not include in any
such warrant the subject matter of any petition that it has received after said date; nor
shall any matter originating with the Board be included after said date.
(c)Inclusion in the Warrant – Special Town Meeting - Whenever a Special Town
Meeting is called, the Board of Selectmen shall provide notice thereof to all boards and
committees and shall publish notice thereof in a local news medium. The Board of
Selectmen shall include in the warrant for such Special Town Meeting the subject
matter of all petitions, which it receives on or before the close of the tenth (10th)
business day following such publication.
Section 2-4: Town Moderator
(a)Term of Office – There shall be Town Moderator elected for a term of three
(3) years.
(b)Powers and Duties – The Moderator shall preside at all sessions of the Town
Meeting. The Moderator shall regulate the proceedings, decide all questions of order,
make public declaration of all votes, and may exercise such additional powers and
26
duties as may be authorized by the Massachusetts General Laws, by this Charter, by
Town Bylaw or by Town Meeting vote.
(c)Deputy Moderator and Acting Moderator – At the first session of each Town
Meeting, the Moderator shall appoint a voter to serve as Deputy Moderator in the
event of the temporary absence or disability of the Moderator, and to assist the
Moderator with meetings held in multiple locations. The Deputy Moderator may also
temporarily serve in the case where the Moderator is placed in conflict or the
appearance of conflict arises with regard to the substance of a particular article or
matter under consideration. The appointment of a Deputy Moderator shall be subject
to ratification by the Town Meeting.
(d)Vacancy -If there is a failure to elect, or if a vacancy occurs in the office of
Town Moderator, the Board of Selectmen shall appoint a suitable person to serve until
the next Town election.
Section 2-5: Clerk of the Meeting
The Town Clerk shall serve as clerk of the Town Meeting, record its proceedings, and
perform such additional duties in connection therewith as may be provided by the
Massachusetts General Laws, by this Charter, by Town Bylaw or by Town Meeting vote.
Section 2-6: Rules of Procedure
The Town Meeting may, by Town Bylaw, establish rules to govern the conduct of all
Town Meetings.
Section 2-7: Appropriation Committee
There shall be an Appropriation Committee which shall consist of five (5) members,
serving for three (3) year terms so arranged that as nearly an equal number of terms as
possible shall expire each year. The Appropriation Committee shall be appointed by an
appointing committee composed of the Moderator, the Chair of the Board of
Selectmen and the Town Clerk.
ARTICLE 3: EXECUTIVE BRANCH
Section 3-1: Board of Selectmen
(a)Composition, Term of Office - There shall be a Board of Selectmen consisting
of five (5) members elected for terms of three (3) years each, so arranged that the term
of office of as nearly an equal number of members as is possible shall expire each year.
27
(b)Powers and Duties – The executive powers of the Town shall be vested in the
Board of Selectmen, which shall be deemed to be the chief executive office of the
Town. The Board of Selectmen shall have all of the executive powers it is possible for a
Board of Selectmen 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 the ratification of the Board of Selectmen.
The Board of Selectmen:
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 to 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 Board of Selectmen or a majority of such
members to become involved in the day-to-day administration of any Town
department.
(c)Licensing Authority – The Board of Selectmen shall be the licensing board of
the Town and shall have the power to issue licenses, to make reasonable rules and
regulations regarding the issuance of such licenses and to attach such conditions and
restrictions to such licenses as it deems to be in the public interest. The Board of
Selectmen shall enforce the laws relating to all businesses for which it issues licenses. The
Board of Selectmen may delegate such licensing authority unless specifically prohibited
by the Massachusetts General Laws.
(d)Appointing Authority - The Board of Selectmen shall appoint the Town
Manager, Town Counsel, Police Chief, Fire Chief and, except as otherwise provided by
the Massachusetts General Laws or this Charter, all members of appointed boards and
committees. The Police Chief and Fire Chief shall be appointed and removed in
accordance with the provisions of, and shall have all the powers and duties specified in
M.G.L.c.41, §97 and M.G.L.c.48. §42, respectively.
The Board of Selectmen shall be responsible for setting goals for, supervising, performing
evaluations of, and disciplining the Town Manager, Town Counsel, Police Chief, and the
Fire Chief.
28
(e)Intergovernmental Relations -The Board of Selectmen may enter into
agreements with any other unit or units of government to perform jointly or in
cooperation, by contract or otherwise, any of its powers or functions.
(f)The Town Report -The Board of Selectmen shall issue an Annual Town Report
and make it available at least fourteen (14) days in advance of the Annual Town
Meeting.
(g)Vacancy – If there is a failure to elect or if a vacancy occurs in the
membership of the Board of Selectmen, the remaining Selectmen may call a special
election to fill such vacancy and shall call such special election upon the written
request of two hundred (200) or more voters if such request is filed with the Board of
Selectmen not less than one hundred (100) days prior to the date of the next annual
election.
Section 3-2: Town Manager
(a)Appointment, Qualifications and Review Procedure
1.The Board of Selectmen, by an affirmative vote of at least three (3)
members, shall appoint a Town Manager, and fix the compensation of the
Town Manager within the amount annually appropriated for this purpose.
The position of Town Manager shall not be subject to the Town’s Salary
Administration Plan.
2.The Town Manager shall be a professionally qualified person of proven
ability, especially fitted by education, training and previous experience to
perform the duties of this office. The Town Manager shall be appointed
solely on the basis of the candidate’s executive and administrative
qualifications. The Town Manager shall not have served as a member of
the Board of Selectmen for at least five (5) years prior to the Town
Manager’s appointment. The Town may, by Town Bylaw, establish such
additional qualifications for the Town Manager as deemed necessary or
appropriate.
3.The position of Town Manager shall be a full-time position and the Town
Manager shall devote best efforts to the office and shall not hold any
other public office, elective or appointive, or engage in any business or
occupation during the term of employment, unless written approval is
granted by the Board of Selectmen.
29
4.The Board of Selectmen shall provide for an annual review of the job
performance of the Town Manager, which shall be a public record.
(b)Powers and Duties –The Town Manager shall be the chief administrative
officer of the Town and shall be responsible to the Board of Selectmen for the proper
administration of all Town affairs placed in the Town Manager’s charge by this Charter.
The powers and duties of the Town Manager shall include:
1.To supervise and be responsible for the efficient and coordinated administration
of all Town functions under the Town Manager’s control, as may be authorized
by this Charter, by Town Bylaw, by Town Meeting vote or by the Board of
Selectmen.
2.To coordinate the activities of all Town offices serving under the Town Manager
or the Board of Selectmen with those under the control of other officers and
boards and committees elected directly by the voters. For this purpose, elected
officers, boards and committees, or their representatives, shall be subject to the
call of the Town Manager, at reasonable times for the purpose of effecting
coordination and cooperation among all Town offices.
3.Except as otherwise provided in this Charter, to appoint all employees of the
Town; provided, however, that the appointment of a Treasurer/Collector and a
Principal Assessor shall each be for a term not to exceed three (3) years; and
provided further that the Conservation Commission may appoint a Conservation
Administrator, in accordance with the Personnel Policies of the Town.
Appointments made by the Town Manager shall be filled at a regularly
scheduled meeting of the Board of Selectmen and shall become effective upon
confirmation by the affirmative vote of the Board of Selectmen.
4.Except as otherwise provided in this Charter, to set annual goals for all
employees of the Town, other than employees of the School Department, Police
Department, Fire Department and Town Clerk’s office; provided, however, that
the Conservation Commission shall annually set goals for the Conservation
Administrator with input from the Town Manager.
5.To supervise all employees of the Town, other than employees of the School
Department, Police Department, Fire Department and Town Clerk’s office;
provided, however, that supervision of employees appointed other than by the
Town Manager shall be performed by both the employee’s appointing authority
and by the Town Manager or a designee thereof, consistent with the annual
goals set by the employee’s appointing authority.
30
6.To facilitate annual evaluations for all employees of the Town other than
employees of the School Department, Police Department, Fire Department, and
Town Clerk’s office, in accordance with the Personnel Policies of the Town.
7.To discipline all employees of the Town, in accordance with the Personnel
Policies of the Town, other than employees of the School Department, Police
Department, Fire Department, and Town Clerk’s office; provided, however, that
discipline of employees appointed other than by the Town Manager shall be
subject to appeal to the employee’s appointing authority and discipline of
employees appointed by the Town Manager shall be subject to appeal to the
Board of Selectmen.
8.To act as the Town’s negotiator for all collective bargaining agreements to which
the Board of Selectmen is a party.
9.To fix the compensation of all Town employees, other than the Town Clerk, the
Assistant Town Clerk, and employees of the School Department, Police
Department, Fire Department and boards and committees with appointing
authority within the limits established by any applicable Salary Administration
Plan or collective bargaining agreement; provided, however, that such
compensation shall be approved, when applicable, by the appointing board or
committee.
10.To attend all regular and special meetings of the Board of Selectmen, unless
excused at the Town Manager’s request, and to have a voice, but no vote, in all
discussions.
11.To attend all sessions of Town Meeting and to answer all questions directed to
the Town Manager that are related to the office of the Town Manager or
concerning which the Town Manager possesses relevant information.
12.To see that all provisions of the Massachusetts General Laws, this Charter, Town
Bylaws, Town Meeting votes, and directives of the Board of Selectmen that
require enforcement by the Town Manager or by officers or employees subject
to the Town Manager’s direction and supervision, are faithfully carried out.
13.To oversee the preparation of the Town’s annual budget.
14.To oversee the preparation of the Town’s Annual Report.
15.To approve for payment all items contained in the Town warrants submitted by
the Town Treasurer/Collector; provided, however, that the Board of Selectmen
shall be authorized to approve for payment items contained in the Town
31
warrants in the absence of the Town Manager or if there is a vacancy in the
office of Town Manager.
16.To perform such additional duties as may be assigned by this Charter, by Town
Bylaw, by Town Meeting vote or by the Board of Selectmen.
(c)Removal and Suspension – The Board of Selectmen may, by the affirmative
vote of at least four (4) members, remove or suspend the Town Manager from office in
accordance with the following procedure:
1.The Board of Selectmen shall adopt a preliminary resolution of removal by
the affirmative vote of at least four (4) members, which must state the
reason or reasons for removal. The preliminary resolution may suspend the
Town Manager for a period not to exceed forty-five (45) days. A copy of
the resolution shall be delivered to the Town Manager within forty-eight
(48) hours of its adoption.
2.Within seven (7) days after receipt of the preliminary resolution, the Town
Manager may file a written request for a hearing with the Board of
Selectmen. This hearing shall be held not sooner than three (3) days or
later than twenty (20) days after the request is filed. The Town Manager
may file a written statement responding to the reasons stated in the
resolution of removal with the Board of Selectmen.
3.If the Town Manager has not requested a hearing pursuant to Section 3-
2(c)2 of this Charter, the Board of Selectmen, by the affirmative vote of at
least four (4) members, may adopt a final resolution of removal not less
than ten (10) or more than twenty-one (21) days following the date of
delivery of a copy of the preliminary resolution to the Town Manager. If
the Town Manager has requested a hearing pursuant to Section 3-2(c)2 of
this Charter, the Board of Selectmen, by the affirmative vote of four (4)
members, may adopt a final resolution of removal upon the close of such
hearing but, in any case, not more than forty-five (45) days following the
adoption of the preliminary resolution of removal. Failure to adopt a final
resolution of removal within the time periods provided in this Section shall
nullify any suspension of the Town Manager, who shall thereupon resume
the duties of the office; provided, however, that the Board of Selectmen,
by the affirmative vote of at least three (3) members may reinstate the
Town Manager at any time.
32
4.Any action by the Board of Selectmen to remove or suspend the Town
Manager shall be conducted in accordance with the provisions of the
Open Meeting Law, M.G.L.c.30A, §§18-25
(d)Vacancy in the Office of the Town Manager
1.Permanent Vacancy- The Board of Selectmen shall fill any permanent
vacancy in the office of the Town Manager as soon as possible in
accordance with Section 3-2(a)1 of this Charter. Pending the
appointment of a Town Manager, the Board of Selectmen shall, within
fourteen (14) days of its receipt of notice of the vacancy, appoint some
other capable person to perform the duties of the Town Manager until a
new Town Manager is appointed and assumes office.
2.Temporary Absence or Disability- The Town Manager may designate, by
letter filed with the Town Clerk and Board of Selectmen, a capable officer
of the Town to perform the duties of Town Manager during a temporary
absence or disability. If such absence or disability exceeds thirty (30) days,
any designation by the Town Manager shall be subject to approval by the
Board of Selectmen.
In the event of failure of the Town Manager to make such a designation,
or if the person so designated is unable to serve, the Board of Selectmen
may designate some other capable person to perform the duties of Town
Manager during the Town Manager’s temporary absence or disability.
3.Powers and Duties-The powers and duties of the person appointed or
designated pursuant to Section 3-2(d)1 or 2 of this Charter, shall be limited
to matters not admitting of delay and shall include authority to make
temporary, emergency appointments to Town office or employment, but
not to make permanent appointments or designations.
Section 3-3 Department of Public Works
(a)There shall be a Department of Public Works,which shall be under the
supervision and control of the Town Manager, except for those powers and duties
assigned under this Charter to the Board of Selectmen.
(b)The Department of Public Works shall have all the powers and duties now or
from time to time vested by the Massachusetts General Laws, this Charter or any
Special Act in the following boards, committees, departments and offices: highway
department, including highway superintendent; sewer department and water
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department, including the board of water and sewer commissioners; insect pest control
superintendent; and tree warden.
(c)The Department of Public Works shall be responsible for maintenance of
Town buildings and grounds, including maintenance and snow removal of driveways
and parking areas of school buildings, but excepting maintenance of the remainder of
the properties under the care, custody and control of the School Committee.
(d)The Department of Public Works shall, upon request,be responsible for
maintenance of property under the care, custody and control of the Parks and
Recreation Commission and the Cemetery Commission.
(e)Notwithstanding any contrary provisions of the Massachusetts General Laws,
the Department of Public Works shall have such additional powers with regard to the
furnishing of engineering services, the collection and disposal of garbage and refuse,
and the performance of such duties of any other boards, committees, departments
and offices of the town as may be reasonably related to the duties and responsibilities
of a department of public works, as the Town may, from time to time, provide by Town
Bylaw or Town Meeting vote.
(f)Rates –The Board of Selectmen shall have the exclusive authority to establish
rates, fees and other charges for the services, programs and other public benefits
administered by the Department of Public Works.
(g)Director of Public Works –The Director of Public Works shall be appointed for
a term not to exceed three (3) years. The Director shall exercise and perform such of
the powers, rights and duties of the Department of Public Works as the Town Manager
may from time to time designate. The Director shall be responsible for the efficient
exercise and performance of such powers, rights and duties. The Director shall be
specifically fitted by education, training and experience to perform the duties of the
office. Except as otherwise provided in this Charter, during the Director's tenure, the
Director shall hold no elective or other appointive office, and shall not be engaged in
any other business or occupation. The Director shall keep full and complete records of
the doings of the Director's office and shall render to the Board of Selectmen as often
as it may require a full report of all operations under the Director's control during the
period reporting upon.
(h)The Director of Public Works shall establish within the Department of Public
Works the following functions: highway; water; sewer; cemetery; maintenance; park
maintenance; forestry; solid waste disposal; recycling; tree; pest control and building
and ground maintenance.
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(i)The Director of Public Works shall appoint annually a Tree Warden who shall
have all the powers and duties of Tree Wardens as specified in the Massachusetts
General Laws. The Tree Warden need not be a resident of the Town of Hopkinton.
ARTICLE 4: Other Elected Officers, Boards and Committees
Section 4-1: Town Clerk
(a)Term of Office –There shall be a Town Clerk elected for a term of three (3)
years.
(b)Powers and Duties - The Town Clerk shall be the keeper of vital statistics for
the Town, the custodian of the Town seal and all records of the Town; shall administer
the oath of office to all Town officers and members of boards and committees, whether
elected or appointed; shall issue such licenses and permits as are required by the
Massachusetts General Laws to be issued by such clerks; shall supervise and manage
the conduct of all elections and matters relating thereto and shall be the clerk of the
Town Meeting, keep its records and, in the absence of the Town Moderator and Deputy
Town Moderator, serve as temporary presiding officer pursuant to Section 2-4(c) of this
Charter; and shall be responsible for appointing, setting goals for, supervising,
evaluating and disciplining the Assistant Town Clerk. The Town Clerk shall have all the
other powers and duties that are given to Town Clerks by the Massachusetts General
Laws, by this Charter, by Town Bylaw or by Town Meeting vote.
(c)Vacancy - If a vacancy occurs in the office of Town Clerk, the Assistant Town
Clerk shall serve as Town Clerk until a new Town Clerk is elected and sworn into office.
Should the Assistant Town Clerk be unable to serve as Town Clerk, the Board of
Selectmen shall appoint an acting Town Clerk to serve until the next annual town
election, at which the voters will fill the vacancy for the remainder of the original term.
Section 4-2: School Committee
(a)Composition, Term of Office - There shall be a School Committee consisting
of five (5) members elected for terms of three (3) years each, so arranged that the term
of office of as nearly an equal number of members as possible shall expire each year.
(b)Powers and Duties - The School Committee shall have all of the powers and
duties that are given to school committees by the Massachusetts General Laws. The
powers of the School Committee shall include:
1.To appoint a Superintendent of Schools and such other officers as
authorized by the Massachusetts General Laws; to fix compensation and
to define their duties; to make rules concerning their tenure of office and
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to discharge them; provided, however, that all other School Department
employees shall be appointed in accordance with the Massachusetts
General Laws.
2.To make all reasonable policies consistent with the Massachusetts General
Laws or Department of Elementary and Secondary Education regulations
for the administration and management of the public school system and
for the conduct of its own business and affairs.
3.To adopt and submit an annual budget request in accordance with
Section 7-2 of this Charter.
Section 4-3: Planning Board
(a)Composition, Term of Office - There shall be a Planning Board consisting of
nine (9) members elected for a term of five (5) years each, so arranged that the term of
office of as nearly an equal number of members as possible shall expire each year.
(b)Powers and Duties - The Planning Board shall have those powers and duties
that have been given to Planning Boards by the Massachusetts General Laws, by this
Charter, by Town Bylaw or by Town Meeting vote.
(c)Appointments – The Planning Board may appoint a Town Planner, in
accordance with the Personnel Policies of the Town. The Planning Board shall annually
set goals for the Town Planner with input from the Town Manager.
Section 4-4: Board of Health
(a)Composition, Term of Office – There shall be a Board of Health consisting of
three (3) members elected for a term of three (3) years each, so arranged that the term
of office of one (1) member shall expire each year.
(b)Powers and Duties – The Board of Health shall make reasonable health
regulations and shall enforce the laws relating to public health, the provisions of the
state code relating to public health, and all local health regulations. The board shall
have all of the other powers and duties that have been given to Boards of Health by
the Massachusetts General Laws, by this Charter, by Town Bylaw or by Town Meeting
vote.
(c)Appointments –The Board of Health may appoint a Director of Public Health,
in accordance with the Personnel Policies of the Town.The Board of Health shall
annually set goals for the Director of Public Health with input from the Town Manager.
Section 4-5: Board of Assessors
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(a)Composition, Term of Office - There shall be a Board of Assessors consisting of
three (3) members elected for a term of three (3) years each, so arranged that the term
of office of one (1) member shall expire each year.
(b)Powers and Duties - The Board of Assessors shall have the powers and duties
that have been given to Boards of Assessors by the Massachusetts General Laws, by this
Charter, by Town Bylaw or by Town Meeting vote.
Section 4-6: Board of Library Trustees
(a)Composition, Term of Office -There shall be a Board of Library Trustees
consisting of five (5) members elected for a term of three (3) years each, so arranged
that the term of office of as nearly an equal number of members as possible shall expire
each year.
(b)Powers and Duties –The Board of Library Trustees shall have the powers and
duties that have been given to Boards of Library Trustees by the Massachusetts General
Laws, by this Charter, by Town Bylaw or by Town Meeting vote.
(c)Library Director – The Town Manager shall annually set goals for the Library
Director with input from the Board of Library Trustees.
Section 4-7: Parks and Recreation Commission
(a)Composition, Term of Office – There shall be a Parks and Recreation
Commission consisting of five (5) members elected for a term of three (3) years each, so
arranged that the term of office of as nearly an equal number of members as possible
shall expire each year.
(b)Powers and Duties – Except as otherwise provided in this Charter, the Parks
and Recreation Commission shall have responsibility for the development and
acquisition of new parks and park land, the expansion or upgrade of existing parks and
park land, and the scheduling and operation of recreation programs; and shall have
the powers and duties that have been given to the Parks and Recreation Commissions
by the Massachusetts General Laws, by Town Bylaw or by Town Meeting vote.
(c)Appointments – The Parks and Recreation Commission may appoint a
Director of Parks and Recreation, in accordance with the Personnel Policies of the
Town. The Parks and Recreation Commission shall annually set goals for the Director of
Parks and Recreation with input from the Town Manager.
Section 4-8: Board of Cemetery Commissioners
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(a)Composition, Term of Office - There shall be a Board of Cemetery
Commissioners consisting of three (3) members elected for a term of three (3) years
each, so arranged that the term of office of one (1) member shall expire each year.
(b)Powers and Duties - Except as otherwise provided in this Charter, the Board
of Cemetery Commissioners shall determine eligibility for and the rates to be charged
for burial in the Town's cemeteries; shall supervise the investment and expenditure of
cemetery funds paid for the purchase of cemetery lots and maintenance agreements;
and shall have the powers and duties that have been given to Cemetery
Commissioners by the Massachusetts General Laws, by Town Bylaw or by Town Meeting
vote.
Section 4-9: Hopkinton Housing Authority
(a)Composition, Term of Office - There shall be a Hopkinton Housing Authority
consisting of five (5) members serving for a term of five (5) years each, so arranged that
the term of one (1) member shall expire each year. The voters shall elect four (4) of
these members and the fifth member shall be appointed as provided in M.G.L.c.121B,
§5.
(b)Powers and Duties - The Hopkinton Housing Authority shall conduct studies of
the housing needs of the community and shall provide programs to make available
housing for families of low income and for elderly persons of low income. The Hopkinton
Housing Authority shall have such other powers and duties as are assigned to Housing
Authorities by the Massachusetts General Laws, by this Charter, by Town Bylaw or by
Town Meeting vote.
Section 4-10: Commissioners of Trust Funds
(a)Composition,Term of Office -There shall be Commissioners of Trust Funds
consisting of three (3)members elected for a term of three (3)years each,so arranged
that the term of office of one (1) member shall expire each year.
(b)Powers and Duties – The Commissioners of Trust Funds shall manage the
disbursement of trust funds given or bequeathed for the benefit of the Town or the
inhabitants thereof, unless the donor in making the gift or bequest shall otherwise
provide; and shall distribute the income of each such trust in accordance with its terms.
Section 4-11: General Provisions
(a)Coordination - Notwithstanding their election by the voters, the Town boards
and committees named in this Section, or their representatives, shall be subject to the
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call of the Board of Selectmen, at all reasonable times, for consultation, conference
and discussion on any matter relating to their respective offices.
(b)Filling of Vacancies – Except as otherwise provided in this Charter, if there is a
failure to elect, or if a vacancy occurs in the membership of an elected board or
committee, the remaining members of the board or committee shall give notice to the
Board of Selectmen and to the public of such vacancy in accordance with the
provisions of Section 6-4 of this Charter; the Board of Selectmen, with the remaining
members of such board or committee shall, not less than one (1) week after notice of
the date on which the vote is to be taken, fill such vacancy until the next town election
by a joint vote. Appointment to fill a vacancy shall be made by the affirmative vote of
a majority of the persons entitled to vote on such vacancy.
ARTICLE 5: ELECTIONS
Section 5-1: Town Election
The annual election for the purpose of voting by ballot for Town officeholders and
voting on any questions to be placed upon the official ballot shall be held on a
date fixed by Town Bylaw.
Section 5-2: Recall Provision for Elected Officeholders
(a)Application – Any holder of an elective Town office may be recalled
pursuant to this Section provided that the recall election occurs prior to six (6) months
from the end of the officeholder’s elective term.
(b)Recall Petition – A recall statement, containing the signatures of at least ten
(10) percent of the voters of the Town may be filed with the Town Clerk; provided,
however, that at least two hundred (200)such voters shall be from each of the
precincts of the Town. Such statement shall contain the name of the officeholder who
is sought to be recalled, a statement of the grounds for the recall and the identity of a
designated representative of such voters. Once the names that appear on the recall
statement are certified by the Board of Registrars of Voters, the Town Clerk shall
promptly deliver to the designated representative copies of petition blanks demanding
such recall. The petition blanks shall contain the following heading: Initiating a recall is a
serious process and should not be undertaken lightly. The blanks shall be issued by the
Town Clerk with the Town Clerk’s signature and official seal. They shall be dated, shall
be addressed to the Board of Selectmen, shall contain the name of the designated
representative to whom they are issued, the name of the person whose recall is sought
and the grounds for recall as stated in the recall statement, and shall demand the
election of a successor to said office. A copy of the recall statement shall be entered in
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a record book to be kept in the office of the Town Clerk. The recall petitions shall be
returned and filed with the Town Clerk within forty five (45) days following the date of
the filing of the recall statement and shall be signed by at least twenty (20)% of the
voters of the Town as of the date such recall statement was filed with the Town Clerk.
The Town Clerk shall, within one (1) business day of receipt, submit the recall petition to
the Board of Registrars of Voters in the Town, who shall, within five (5) business days,
certify thereon the number of signatures that are names of registered voters of the
Town.
(c)Recall Election – If the Town Clerk determines that the certified petitions
meet the requirements of Section 5-2(b) of this Charter, the Town Clerk shall provide
notice, in writing, by certified mail to the officeholder whose recall is sought by sending
to that officeholder a copy of the recall statement and recall petition together with
notice of the number of qualified voters certified by the Board of Registrars who signed
the recall petitions and the total number of qualified voters in the Town as of the most
recent Town election. If said officeholder does not resign the office within five (5) days
after delivery of such notice, the Town Clerk shall provide notice, in writing, to the Board
of Selectmen not later than two (2) business days following the expiration of the
foregoing five (5) days. The Board of Selectmen shall order an election to be held on a
date fixed by them not more than ninety (90) days after the date of such notice from
the Town Clerk; provided, however, that if any other town election is to occur within
one hundred (100) days after the date of the certificate, the Board of Selectmen shall
postpone the holding of the recall election to the date of such other election. If said
officeholder resigns after a recall election has been ordered, the election shall
nevertheless proceed as provided in this Section.
(d)Nomination of Candidates – An officeholder whose recall is sought may be a
candidate to succeed to the office in the event the vote on the recall is in the
affirmative. The nomination of other candidates, the publication of the warrant for the
recall election, and conduct of the recall election shall be in accordance with the
provisions of the Massachusetts General Laws relating to elections, unless otherwise
provided in this Section.
(e)Officeholder – The incumbent shall continue to perform the duties of the
office during the recall procedure. If the incumbent is not removed, the incumbent shall
continue in the office for the remainder of the unexpired term subject to recall as
before. If recalled at the recall election, the incumbent shall be deemed removed
upon the qualification of the successor, who shall hold office during the unexpired term.
If the successor fails to qualify within five (5) days after receiving notification of election,
the incumbent shall thereupon be deemed removed and the office vacant.
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(f)Ballot Proposition – Ballots used in a recall election shall contain the following
propositions in the order indicated:
Shall the Town of Hopkinton recall (name of officeholder)Yes No
Below the propositions shall appear the word “Candidates,” the directions to the voters
required by M.G.L. c.54, §42 and, below the directions,the names of candidates
nominated in accordance with the provisions of the Massachusetts General Laws
relating to elections. If a majority of the votes cast on the question of recall is in the
affirmative, the candidate receiving the highest number of votes shall be declared
elected. If a majority of the votes on the recall question is in the negative, the ballots for
the candidates shall not be counted.
(g)Officeholder Recalled – No person who has been recalled from an office or
who has resigned from an office while recall proceedings were pending, shall be
appointed to any Town office within two (2) years after the date of such recall vote or
such resignation.
ARTICLE 6: ADMINISTRATIVE ORGANIZATION
Section 6-1: Organization of Town Departments
The organization of the Town for the provision of services and administration of the
government shall be in accordance with a Table of Organization published annually
in the Town Report. The Table of Organization may be amended by either of the
methods provided in this Article.
(a)Bylaws – Except as otherwise provided by the Massachusetts General Laws
or by this Charter, the Town Meeting may, by Town Bylaw, reorganize, consolidate,
create, merge, divide or abolish any Town Department, board or committee, or office,
in whole or in part; establish new Town Departments, boards or committees, or offices
as it deems necessary or advisable, and determine the manner of selection, the terms
of office and the functions of all such Town Departments, boards or committees, or
offices; provided however, that no function assigned to a particular Town Department,
board or committee, or office by this Charter may be discontinued or assigned to any
other Town Department, board or committee, or office.
(b)Administrative Order -The Town Manager may,from time to time, prepare as
an administrative order, a plan of organization or reorganization of Town Departments,
boards or committees, or officers over which the Town Manager has control, as the
Town Manager deems necessary or advisable for the orderly, efficient and convenient
conduct of Town business. The administrative order may:
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1.Consolidate, create, merge, divide or abolish, in whole or part, any Town
Department, board or committee, or office over which the Town Manager has
control.
2.Establish new Town Departments, boards or committees, or offices.
3.Prescribe the functions and administrative procedures to be followed by all such
Departments, boards or committees, or offices, and transfer the appropriations
of one Town Department, board or committee, or office to another insofar as
such transfer is not inconsistent with the use for which the funds were
appropriated; provided, however, that no function assigned by this Charter to a
particular Town Department, board or committee, or office may be discontinued
or assigned to another Town Department, board or committee, or office.
The Town Manager shall submit such administrative orders to the Board of
Selectmen. The Board of Selectmen shall conduct at least one (1) public hearing
on each such administrative order within thirty (30) days of receipt, giving notice
by publication in a local news medium, which notice shall describe the scope of
the proposal and the time and place at which the public hearing will be held.
Following the public hearing, the proposal, which may be amended following
the public hearing, shall be subject to final review by the Board of Selectmen.
An administrative order submitted by the Town Manager shall become effective at the
expiration of sixty (60) days following the date of its first submission to the Board of
Selectmen unless the Board of Selectmen by an affirmative vote of at least three (3)
members has sooner approved, amended or disapproved it.
Section 6-2: Removals
(a)Any appointed member of a board or committee may be removed from
office by the appointing authority in accordance with the following procedure:
1.A written notice of intent to remove and a statement of the reason or
reasons therefor shall be delivered by certified mail to the last known
address of the person sought to be removed.
2.Within five (5) business days of the date of the delivery of such notice, the
member may request a public hearing, at which such member may be
represented by counsel, and shall be entitled to present evidence, call
witnesses and question any witnesses appearing at the hearing.
3.Not later than ten (10) days after the public hearing is adjourned, or if the
member fails to request a public hearing in a timely fashion, not later than
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fifteen (15) days after delivery of the notice of intent to remove, the
appointing authority shall take final action, either removing the member
or allowing the member to continue in office. Failure of the appointing
authority to take any action within the time period set forth in this Section
shall be deemed to be a decision allowing the member to continue in
office.
(b)A failure to reappoint a member of a board or committee at the end of the
member’s prescribed term of office shall not be considered a removal from office
subject to the provisions of Section 6-2(a) of this Charter.
Section 6-3: Loss of Office, Excessive Absence
During the term of office of any person appointed to serve as a member of a board or
committee, if such member shall fail to attend four (4) or more consecutive meetings
thereof, or half of all the meetings thereof in any fiscal year, a majority of the remaining
members of the board or committee may, by vote, declare the office vacant. Not less
than ten (10) days prior to the date said vote is scheduled to be taken, notice of such
vote shall be provided to the member whose removal is sought in hand or by certified
mail, return receipt requested.
Section 6-4: Notice of Vacancies
Whenever a vacancy occurs in any appointed Town office or position of employment,
or whenever, by reason of a pending retirement or expiration of a fixed term, a
vacancy can be anticipated, the appointing authority shall cause public notice of such
vacancy to be given for not less than ten (10) days. Such notice shall contain a
description of the duties of the office or position of employment and a listing of the
necessary or desirable qualifications thereof. No permanent appointment to fill such
office or position or employment shall be effective until seventeen (17) days following
the date such public notice was given. This Section shall not apply where it is in conflict
with the provisions of any applicable collective bargaining agreement.
Section 6-5: Term of Office
Notwithstanding any provision of this Charter to the contrary, appointed members of
boards or committees shall be entitled to continue to serve in their respective offices
until a successor is duly qualified.
ARTICLE 7: FINANCE AND FISCAL PROCEDURES
Section 7-1: Fiscal Year
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The fiscal year of the Town shall begin on the first day of July and shall end on the last
day of June, unless the Massachusetts General Laws require another period.
Section 7-2: Submission of Budget
(a)Annually, not later than the first day of October,the Town Manager, with the
agreement of the Board of Selectmen, Appropriation Committee and School
Committee, shall establish and issue a budget schedule, which shall set forth the
calendar dates relating to the development of the Town’s annual operating budget for
the ensuing fiscal year. The budget schedule shall set dates for:
1.The issuance of a budget policy statement to be issued by the Board of
Selectmen;
2.The deadline for submission of budget requests to the Town Manager;
3.The deadline for the submission of the Capital Improvements Program to
the Board of Selectmen and the Appropriation Committee;
4.The deadline for the submission of financial articles to the Appropriation
Committee;
5.The deadline for the submission of a comprehensive draft budget from the
Town Manager to the Board of Selectmen;
6.The adoption of a budget by the Board of Selectmen and submission of
such budget to the Appropriation Committee; and,
7.A public hearing on the budget to be held by the Appropriation
Committee.
(b)The Town Manager shall submit all financial articles to the Appropriation
Committee in accordance with the budget schedule. At least fourteen (14) days prior
to the date of the Annual Town Meeting, the Appropriation Committee shall issue
recommendations and detailed explanations of all financial articles in an annual
Appropriation Committee Report. In preparing its recommendations, the Appropriation
Committee may require the Town Manager and representatives from any Town
Department, board or committee to appear before it and furnish it with such additional
financial reports and budgetary information as it may deem necessary or appropriate.
Section 7-3: Capital Improvements
The Town Manager shall annually submit a Capital Improvements Program to the Board
of Selectmen and Appropriation Committee in accordance with the budget schedule
established pursuant to Section 7-2(a) of this Charter. The Capital Improvements
Program shall be designed to address unmet, long-range needs and to implement the
capital goals and objectives of the Town, and shall include all Town activities, all Town
Departments including the School Department, and all enterprise funds. It shall contain:
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(a)A clear and concise general summary of the Capital Improvements Program
(b)A list of all capital improvements proposed to be undertaken during the
following ten (10) years, with supporting information as to the need for each capital
improvement.
(c)Cost estimates, potential methods of financing and recommended time
schedules for each improvement; and,
(d)The estimated annual cost of operating and maintaining each facility and
item of major equipment involved.
The Capital Improvements Program information shall be reviewed annually by the Town
Manager to determine the status of capital improvements still pending or in the process
of being acquired, improved or constructed.
Section 7-4: Audits
The Board of Selectmen shall provide for an independent audit of all financial books
and records of the Town no less than once a year, or whenever it deems an audit of the
whole Town, or of any particular Town Department, office, or board or committee, to
be necessary.
Audits of the financial books and records shall be conducted by a certified public
accountant, or firm of such accountants, having no interest, direct or indirect, in the
affairs of the Town. The Appropriation Committee and its agents shall have access at all
times to the books and financial records of the Town Departments, boards and
committees and offices for its review.
Results of the audit, financial statements and management letter, shall be made
available to the public in the Selectmen’s office.
ARTICLE 8: GENERAL PROVISIONS
Section 8-1: Interpretation of Powers
The powers reserved or granted to the Town of Hopkinton under this Charter are to be
construed liberally and interpreted broadly in its favor, and the specific mention of any
particular power is not intended to limit in any way the general powers of the Town of
Hopkinton as set forth in Section 1-3.
Section 8-2: Periodic Charter Review
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At least once in every ten (10) years, a special committee shall make a report, with
recommendations, to the Town Meeting concerning any proposed amendments to this
Charter that said committee may determine to be necessary or desirable. The
committee shall be established no later than the year preceding each such report. The
committee shall consist of seven (7) members who shall be appointed as follows: The
Board of Selectmen, School Committee and Appropriation Committee shall each
appoint one person; the remaining four (4) members shall be appointed by a
committee consisting of one (1) designee each of the Board of Selectmen, the School
Committee, the Appropriation Committee, the Town Moderator and the Town Clerk.
Section 8-3: Rules and Regulations
A copy of all rules and regulations adopted by any Town Department, board or
committee, or office shall be filed in the office of the Town Clerk.
Section 8-4: Severability
If any provision of this Charter shall be found invalid for any reason in a court of
competent jurisdiction, such invalidity shall be construed as narrowly as possible, and
the balance of this Charter shall be deemed to be amended to the minimum extent
necessary, so as to secure the intent and purposes thereof, as set forth in Section 1-3.
Section 8-5: Effective Date
The provisions of this Charter shall become fully effective on the first (1st) day of July
next following their approval by the voters. Prior to such date, the provisions of the
Charter adopted on May 15, 2006 shall be in full force and effect.
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