§ A-201. Offices and standards.

A. 

Generally. This part of the Administrative Code describes all multiple-member bodies whose members are appointed by the Mayor and further delineates manner and time of appointment, terms of appointment generally and authorities and responsibilities. The City's representatives to regional governmental boards and committees shall, unless the organic law establishing such a committee provides otherwise, be appointed by the Mayor.

B. 

Multiple-member bodies and advisory committees.

(1) 

This part of the Administrative Code lists and describes all current multiple-member bodies of the City. The Mayor may, by administrative order, reorganize, consolidate, create, merge, divide, or abolish multiple-member bodies of the City. Administrative orders establishing multiple-member bodies shall specify the following: membership, term of office and authorities and responsibilities. Multiple-member bodies are considered to be City agencies as that term is defined in the Charter.

(2) 

Advisory committees may be appointed by the Mayor from time to time for the purpose of assisting him or her in carrying out his or her responsibilities. Advisory committees, however, shall have no official authority on behalf of the City of Melrose and shall not be considered a board, commission, committee or subcommittee of the City of Melrose. Appointments to advisory committees are not subject to City Council approval or rejection.

C. 

Method of appointment; removal; term of office.

(1) 

The Mayor appoints all members of multiple-member bodies; provided, however, that appointments made by the Mayor shall become effective on the 45th day following the day on which notice of the proposed appointment is filed with the City Council, unless the City Council shall, within such period, by majority of the full City Council, vote to reject such appointment or has sooner voted to affirm it. All members of multiple-member bodies shall take the oath of office within four weeks of their appointment and must take the oath of office prior to entering upon the duties of their office. The City Clerk administers oaths of office.

(2) 

Members of multiple-member bodies shall be deemed to have vacated office if said member fails to attend regularly scheduled meetings for a period of three consecutive months without express leave from the chair of such multiple-member body or if such member is absent from such duties for the period of one year notwithstanding the permission from the chair to be absent.

(3) 

Unless otherwise provided by law, the terms of office of multiple-member bodies are arranged so that 1/3 of the terms or as nearly that number as may be possible shall expire each year; vacancies are filled in the same manner of appointment for the remainder of the term; length of term is three years and appointments are effective the first day of March and expire the last day of February. Numbers of members for multiple-member bodies will vary. Whenever a vacancy occurs on a multiple-member body because of death, resignation, removal from the City, removal by the Mayor or the pending expiration of a term for which a person has been appointed, public notice shall be given indicating the title, the length of term, a brief description of duties and a general indication of the qualifications desired of candidates. Members may be removed by the Mayor for such cause as the Mayor deems sufficient in accordance with the provisions of Section 3-4 of the Charter.

D. 

Annual reports. All multiple-member bodies shall prepare an annual report of their activities and submit it to the Mayor and the City Clerk on or before the fourth Friday in September. The annual report shall describe fiscal year activities for the year ending each June 30. Where required by state, regional and federal regulations, certain boards may be required to submit copies of their annual reports to appropriate state, regional and federal agencies.

E. 

Multiple-member body internal organization; rules and regulations; setting charges and fees.

(1) 

In order to acquaint new members of multiple-member bodies with the affairs which will come before them, the chair shall make available to each new member the minutes of the meetings of the two previous years and copies of any applicable laws, ordinances, rules, or regulations governing such multiple-member body.

(2) 

Each multiple-member body shall, at a minimum, annually elect from its membership a chair, vice chair and clerk, and such other officer or officers as are deemed necessary or as are required by statute. The annual election shall occur in March of each year. The Mayor and City Clerk shall be notified of the officers of each body upon their election.

(3) 

Each multiple-member body shall use Robert's Rules of Order and shall provide for the keeping of minutes. Such minutes shall be available for public inspection. The chair presides over all meetings of the multiple-member body and is the official representative of the multiple-member body in all proceedings before the City Council and other officials of the City. The vice chair performs the chair's functions in the absence of the chair. The clerk is responsible for the certification of the multiple-member body's meeting minutes, observance of the Open Meeting Law, and maintenance of the journal of proceedings of the multiple-member body. If requested by any member, any vote shall be taken by a call of the roll and the vote shall be recorded in the journal provided. However, if the vote is unanimous, only that fact need be recorded. A majority of a multiple-member body shall constitute a quorum, but a smaller number may meet and adjourn from time to time. Regulatory multiple-member bodies shall make rules and regulations and adopt administrative processes for the proper function of activities under their care and control. Regulatory multiple-member bodies may set such charges and fees for services and the use of facilities as deemed appropriate. Such charges and fees shall be approved by the Mayor and the City Council. All aspects of financial management for all multiple-member bodies shall be prescribed by the City Auditor.

Editor's Note: See MGL c. 30A, §§ 18 to 25.

F. 

Time and place of meetings. The clerk of each multiple-member body is responsible for notifying the City Clerk, on or before the first of April, of the regularly scheduled multiple-member body meeting times and dates for the ensuing calendar year. The notification shall also include a location for each regular meeting. This shall not prevent multiple-member bodies from amending the schedule or calling special meetings in addition to those regularly scheduled, provided that, in all instances, provisions of the Open Meeting Law are followed. The City Clerk shall ensure posting of all meeting schedules, consistent with the Open Meeting Law.

G. 

Authority to establish subcommittees. Each multiple-member body may, by a majority vote of its membership, establish subcommittees of the multiple-member body for the purpose of addressing a particular issue or issues. A report of their activities shall regularly be made to the full multiple-member body. Each subcommittee so established shall observe laws relevant to the keeping of public records, the Open Meeting Law, and any other applicable law, charter or administrative order.

H. 

Multiple-member body meetings with City Council. The chair of each multiple-member body shall annually, upon election, meet with the chair of the respective City Council committee with which the multiple-member body has a relationship for the purpose of defining appropriate interaction and communication during the ensuing fiscal year. The meeting should establish the following: frequency and method of communications, official(s) or employee(s) responsible for communications, and multiple-member body and City Council committee roles in the development of ordinances.

I. 

Authority of multiple-member bodies. Multiple-member bodies may be:

(1) 

Advisory, wherein the body has no legal authority to promulgate rules or regulations, decide individual cases or enact policy;

(2) 

Regulatory, wherein the body has legal authority to promulgate rules and regulations, set charges and fees, decide individual cases and enact policy;

(3) 

Ministerial, wherein the body has legal authority to take actions which are essentially administrative in nature; or

(4) 

Combinations of advisory, regulatory, and ministerial.

J. 

Eligibility for service. Any resident of Melrose, except an elected official, is eligible to be appointed to a multiple-member body. The residency requirement may be waived by the Mayor. Only where expressly authorized by the Charter, the Administrative Code, or General Law shall an officer or employee be appointed to serve on a multiple-member body. This limitation shall not apply to advisory committees, as further defined in Subsection B of this section.

K. 

Clerical and other assistants. Subject to the appropriation of the necessary funds, a multiple-member body may employ such clerical and other assistants as it may, from time to time, require. The positions of persons so employed shall be classified and their rates of compensation shall be fixed in accordance with the provisions of the salary administration plan. They shall be subject to the supervision of the multiple-member body and shall perform such duties as it may prescribe.

[Added 8-21-2017 by Ord. No. 2018-4]