Board of Selectmen
From MMAWiki
The Board of Selectmen is the community's principal elected executive board. Its members hold several key responsibilities that may vary across town borders.
A Board of Selectmen may consist of three, five or seven members. The majority of towns have three-member boards, however larger towns often have five-member boards. Right now in the 298 municipalities there are 162 three-member boards, 135 five-member boards, and 1 seven-member board. Each member serves a term of 1 to 3 years depending on the town's by-laws.
Links to some Boards of Selectmen: Stoughton, Tolland, Arlington, Framingham
Contents
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History
During colonial times there were no regularly elected officials in Massachusetts to serve local towns. For the most part, town meetings would select “prominent” citizens to perform the town’s necessary duties. [1] In the middle of the 17th century colonists decided to have local governments elect between 3 to 9 ‘townsmen’ or ‘selectmen’ to serve on a board with fixed terms. Beginning with Dorchester around 1633, other towns began adopting this form of government. [2] In 1634, Cambridge deemed that seven men should be chosen to conduct all town business. [3]
From its earliest inception, the Board of Selectmen held a significant amount of authority. Due to the relative small scale of towns in the 17th century, the new boards conducted any “executive” business. In a certain sense, selectmen in the past held more responsibilities than those today as they were allowed to do anything when town meetings were not in session. [4] As towns expanded in the 18th century, selectmen gained some responsibilities, but lost a great deal of authority with the creation of offices/boards to handle aspects of local government. [5] Yet even today some small towns have selectmen supervise all town work.
Later on in the 17th century, the Massachusetts General court began passing laws that would create a Board of Selectmen that resembles the current form. Selectmen were given authority over: town finances, care of the poor, schools, admission of new residents, roads/public works, land regulation, local defense, and appointment of town officials. However, the Board of Selectmen in each town had somewhat different responsibilities often varying based on size. [6]
Roles and Responsibilities
This section is entirely adapted from the Handbook for Massachusetts Selectmen 3rd edition. [7]
Appointing Authority
Certain town officers, including the town meeting moderator and members of the school committee, are required by law to be elected. State law designates the selectmen as appointing authorities for several positions; bylaws and town meting may authorize the selectmen to appoint others. In addition, towns routinely delegate to selectmen the responsibility for appointing short-term committees for such purposes as deciding whether to build a new town hall or planning a holiday observance.
Once appointed, town boards and commissions must be free to act on their own, without interference from the selectmen. However, it is important that the board maintain close communications with these and other town boards and departments. At a minimum, selectmen should review the minutes of each board meeting. Some towns circulate copies of board minutes to all town departments and agencies through a central mail box in town hall. Several towns make the minutes of all board meeting available to the public at the local library.
The freedom of the board to remove appointees depends on the basis of its authority to appoint them. According to recent court rulings, cities and towns in Massachusetts have no power to remove public officers unless that power is specifically spelled out in State law, which defines the powers of town officials and boards to appoint and remove specific "town officials" and "town appointees" (G.L.c. 41).
Boundaries
Every five years, two or more selectmen (or their designees) are required by law to "locate" the town boundaries and record with the board of selectmen and the town clerk the boundary markers they were able to find and those they were not (MGL 42, Section 2). A copy of the record must be sent, by registered mail, to the town clerk and board of selectmen of all contiguous towns. Selectmen are free to decide the manner of carrying out this mandate, but there should be evidence to support any determination.
Contracting and Procurement
Massachusetts General Laws Chapter 40, Section 4 indicates that a town "...may not contract for any purpose, on any terms, or under any conditions inconsistent with the applicable provision of any general or special law."
Generally, the board or official may be authorized to enter into a contract and may negotiate terms and conditions. A contract cannot exceed three years, unless a longer term is authorized by town meeting, town bylaws, or a charter. A town may also enter into an agreement with one or more other governmental units to jointly perform services or undertake any activity which the town could undertake independently.
There are several different statutory schemes governing public bidding procedures for municipal contracts. The primary laws are the Uniform Procurement Act (MGL 30B), MGL 30, section 39M relating to public works contracts, and MGL 149, section 44A-M, relating to public building construction.
Elections
The Board of Selectmen's primary election responsibilities include: calling elections; appointing election personnel proposed by major political parties; and designating voting precincts. State law regulates state and national elections while local elections are governed by both State law and the local charter and bylaws.
Finances
As the chief executive officer of the town, the Board of Selectmen should participate in the budget process by developing budget guidelines, reviewing budgets and evaluating proposals for the expenditure of funds; participate in broad policy development on issues which will have a major impact on town finances; ensure the development of a Capital Improvement Program; and monitor financial performance. In addition, a Board of Selectmen has certain statutory authority in financial matters including signing bonds or notes when the town issues debt, signing the warrants for the payment of bills, classifying property use for taxation purposes, setting water and sewer rates and other fees unless bylaws assign this to another board or official and placing Proposition 2 1/2 override or debt exclusion votes on the ballot.
Other financial responsibilities are vested in the Finance Committee and other finance official. See Finance Department.
Human Services
The Selectman's role in human services planning and coordination will vary depending on how the town is structured. Selectmen should guide the initiative to ensure that the citizens' interests are represented on the State and regional levels.
A board should cooperate with state legislators to develop the funding and the expertise for new programs. In addition, the board should regularly convey local human services needs to state and area representatives in the human service area.
Legal Services
Towns vary in how they handle their legal service needs. Some will hire a full time attorney or staff a legal department while others may simply consult with a local lawyer. Most towns will retain a primary town counsel who provides legal services for many things including labor negotiations and defense in litigation. Town Counsel will advise the Selectmen on legal matters but the actual decision is left up to the governing board. The town counsel's primary function is to interpret the law and defend the town for all town boards. If there is a dispute between two boards the town may need to hire an additional attorney to represent the interest of one board while town counsel represents the other.
Licensing and Permitting
Chapter 140 of he Massachusetts General Laws is one of the principal statutes outlining the licensing authority of selectmen.
There is a distinction between a license and a permit. A license is a grant of permission to engage in some activity, or make use of property in a way that might otherwise be unlawful, or that requires regulation or supervision to protect the public health, safety, and general welfare. For this reason, selectmen may issue only those licenses specifically authorized by State law. A board, however, may issue permits for certain activities that fall under the broad police powers of selectmen. For example, permits may be issues for parades or to allow merchants to hold sidewalk sales. A license differs from a permit in that it is ordinarily issues for use over a substantial period of time, whereas a permit is generally of short duration.
Public Safety and Emergency Services
A selectman's specific relationship with emergency service operations depends on how a town is structured. In some towns, the responsibility for running police and fire departments rests largely with the chiefs. In others, the selectmen retain authority to approve rules and regulations and appoint personnel. At a minimum selectmen need to understand how the security of the town's citizens is being protected, to make sure emergency service personnel are carefully selected, well trained, and properly equipped, and to monitor procedures and practices used to carry out this critical function.
Town Meeting
The Selectmen are responsible for inserting articles into the town warrant. Selectmen insert articles in the warrant on their own initiative, by request of another town committee, or in the case of the annual town meeting, by written petition signed by at least ten voters.
MGL Chapter 39: Section 10. Warrant; issuance; contents
Section 10. Every town meeting or town election, except as hereinafter provided, shall be called in pursuance of a warrant, under the hands of the selectmen, notice of which shall be given at least seven days before the annual meeting or an annual or special election and at least fourteen days before any special town meeting. The warrant shall be directed to the constables or to some other persons, who shall forthwith give notice of such meeting in the manner prescribed by the by-laws, or, if there are no by-laws, by a vote of the town, or in a manner approved by the attorney general. The warrant for all town meetings shall state the time and place of holding the meeting and the subjects to be acted upon thereat. The town meeting may be held in one or more places; provided, that if it is held in more than one place, the places are connected by means of a public address system and loud speakers so that the proceedings in all such places may be heard and participated in by all the voters present therein. Whenever the moderator determines that voters are being excluded from the town meeting because there is no room for them in the places provided or that voters in attendance are being deprived of the opportunity to participate therein for any reason whatsoever, he shall either, on his own motion recess the meeting for any period during the day of the meeting or, after consultation with the members of the board of selectmen then present, adjourn the same to another date, not later than fourteen days following the date of said meeting, when places and facilities sufficient to accommodate all voters attending and to enable them to participate therein shall be available. The selectmen shall insert in the warrant for the annual meeting all subjects the insertion of which shall be requested of them in writing by ten or more registered voters of the town and in the warrant for every special town meeting all subjects the insertion of which shall be requested of them in writing by one hundred registered voters or by ten per cent of the total number of registered voters of the town whichever number is the lesser. The selectmen shall call a special town meeting upon request in writing, of two hundred registered voters or of twenty per cent of the total number of registered voters of the town, whichever number is the lesser; such meeting to be held not later than forty-five days after the receipt of such request, and shall insert in the warrant therefor all subjects the insertion of which shall be requested by said petition. No action shall be valid unless the subject matter thereof is contained in the warrant. Two or more distinct town meetings for distinct purposes may be called by the same warrant.
The written requests of registered voters for the insertion of subjects in town meeting warrants shall not be valid unless the required number of registered voters not only sign their names but also state their residence, with street and number, if any. The selectmen shall submit such written requests to the board of registrars of voters or the board of election commissioners who shall check and forthwith certify the number of signatures so checked which are names of voters in the town, and only names so checked and certified shall be counted. A greater number of names than are required in each case need not be certified.
Town Property
Selectmen have a role in acquiring, renting, and disposing of most town property. All town property that has not been placed in the care of any particular town board, officer, or department by town meeting vote or bylaw is under the control of the selectmen. In many instances, a home rule charter assigns the care and management of town property to the administrative officer.(MGL 40, Section 3). Selectmen also have a role in acquiring, renting, and disposing of most town property. Most actions concerning town property must be approved by the town meeting and, in some cases, the State Legislature.
Utilities
Towns are permitted to establish their own gas and electric companies. The State Department of Public Utilities (DPU) is responsible for regulating utilities within the Commonwealth. Towns have selective control over placement of poles and transmission lines.
Selectmen have control over a company's relocation of utility poles and increases in the number and height of wires and other alterations. The selectmen must also authorize attachment of wire and fixtures on utility poles and equipment of the other utility. The board may also grant joint or identical locations to be used in common by companies.
Selectmen do not control construction of transmission lines, except where those lines cross a street. Electric companies are required by law to apply to selectmen for permission to construct transmission lines on, under, or across a public way. Selectmen may also allow the construction of telephone, telegraph, television, or electric lines upon, along or under streets, for private use.
Towns may adopt bylaws prohibiting new overhead wires and phasing in of burial of existing lines in some or all parts of the town. The planning board must initiate the procedure to adopt such a bylaw (MGL 166, section 22A-N).
See Also Towns and Form of government.
Additional Resources
Handbook for Massachusetts Selectmen 3rd edition edited by Mark Morse. This can be ordered from the Massachusetts Municipal Association using the order form found at www.mma.org.
Notes
- ↑ Mark E. Morse. Handbook for Massachusetts Selectmen (Boston, MA: MMA, 1998) 1.
- ↑ Mark E. Morse. Handbook for Massachusetts Selectmen (Boston, MA: MMA, 1998) 1.
- ↑ Elwyn E. Mariner. Your Massachusetts Government (Arlington Heights, MA: Mariner Books, 1956) 3.
- ↑ Elwyn E. Mariner. Your Massachusetts Government (Arlington Heights, MA: Mariner Books, 1956) 47.
- ↑ Mark E. Morse. Handbook for Massachusetts Selectmen (Boston, MA: MMA, 1998) 1.
- ↑ Mark E. Morse. Handbook for Massachusetts Selectmen (Boston, MA: MMA, 1998) 1.
- ↑ Morse, Mark. (1998)Handbook for Massachusetts Selectmen 3rd edition (Massachusetts Municipal Association) Boston, MA
