SECTION 1. Officers.
The officers of the District shall consist
of a Prudential Committee comprised of three members, a Board of Fire
Commissioners comprised of three members, a Board of Water Commissioners
comprised of three members, and a Moderator, all of whom, at the time
nominations papers are filed, shall be registered voters residing in the
District, shall be elected by ballot and serve a three year term or until
their successors are chosen and qualified. In addition there shall be
appointed by the Prudential Committee, a Clerk and a Treasurer, upon such
terms and conditions as shall be determined by the Prudential Committee
under Article V, Section 3. The office of Clerk and Treasurer may be held
by the same person. The Board of Fire Commissioners shall appoint a Fire
Chief and Deputy Fire Chief, upon such terms and conditions as shall be
determined under Article VII, Section 2. The Board of Water Commissioners
shall appoint a Water Superintendent and Assistant Water Superintendent,
under such terms and conditions as shall be determined by the Board of Water
Commissioners pursuant to Article VIII Section 3. Whenever these By-Laws
provide authority for, or direct, a Committee or Board of Commissioners to
appoint a person to positions for which no specific procedure is set forth
in these By-Laws, the process of selection and appointment shall, consistent
with those By-Laws, be as and in the manner provided by the Rules and
Regulations of such committee or board until such time as the District shall
implement a District-wide Personnel Code incorporating provisions for such
appointments.
Any employee of the
Centerville-Osterville-Marstons Mills Fire District, full or part-time, may,
if he or she chooses, seek election to the Prudential Committee, Board of
Water Commissioners, Board of Fire Commissioners or Moderator
provided, however, that such employee shall, upon being sworn, immediately
resign the position of employment with said District.
The elected officers of the District shall
receive for their services such compensation as the District may determine
at its annual District Meeting.
The election for District Officers shall
take place one day prior to the Annual District Meeting. Nominations for
District officers to be chosen by ballot shall be made by filing nomination
papers with the Clerk, signed by at least fifty (50) persons qualified to
vote in said District elections. Such nominations papers must be filed for
certification of signatures with the Town Clerk, Town of Barnstable
not later than fifty (50) days prior to the date set for the election, and
must thereafter be filed by the nominee with the District Clerk, not
later than thirty-five days (35) prior to such election, or such other date
as may be prescribed by General Laws Chapter 53, Sec. 10, as from time to
time amended.
Wherever these by-laws require
nomination papers or petitions to be filed with the Clerk of the District,
such nomination papers or petitions shall only be accepted for filing with
the District Clerk, if such papers or petitions shall have been drawn from
the office of said Clerk, and shall have endorsed thereon by the Clerk, the
date and time that such papers or petitions were first drawn from the
Clerk’s office.
(A)
Upon receipt of petitions signed by seven hundred and fifty (750)
registered voters of the District, enrolled at the time of the last District
election, seeking the recall of an elected District official, the District
Clerk shall, within fourteen (14) days, announce a date for a special recall
election. Such election shall be held not less than forty-five (45) days
and not more than sixty (60) days after the petitions have been validated
by the District Clerk. The District Clerk shall be required to furnish
appropriate petition forms for voters seeking the recall of an elected
official. The petitioners shall have ninety (90) calendar days to obtain
the requisite number of valid signatures. Candidates who seek to be elected
in place of the individual who is the subject of such recall election, shall
submit nomination papers signed by the same number of registered voters as
required at an annual District election, within ten (10) days of the said
announcement for such recall election.
(B)
No Recall Election shall be held within ninety (90) days prior to or
subsequent to any Annual Meeting or any previously called Special Election.
However, notwithstanding any provision to the contrary herein contained, if
a duly qualified and validated Recall Petition is filed with the District
Clerk which would, but for the provisions of this Section, require a Recall
Election to be called within ninety (90) days prior to the Annual Meeting,
such Recall Election shall be held upon the same dates as the Annual
Election.
The name of the incumbent elected official who is the subject of the recall
petition shall appear at the top of the ballot. All other candidates shall
be listed in alphabetical order.
An elected official shall be
required to submit to recall if convicted of a felony, changes residence
from the limits of the Centerville-Osterville-Marstons Mills Fire District,
or is absent from the elected duties for a period of one (1) year.
Whenever the Chairperson determines that cause exists to initiate a recall
under this section, the Chairperson of the Appointing Authority (as defined
in Article IX, Section 3) shall convene a meeting of the Appointing
Authority for the purpose of determining whether cause exists to initiate a
recall election under this Section 3. If the Appointing Authority
determines such cause does exist, the Chairperson shall forthwith notify the
Clerk who shall announce a recall election, which shall be conducted in the
manner provided in Section 1 above.
No elected official shall be subject to recall until at least one (1) year
after he is sworn into office except under the provisions of Section 3
above. In the event that the elected official is re-elected, such grace
period shall not apply.
Meetings of the
Centerville-Osterville-Marstons Mills Fire District shall be called in
pursuance of a warrant issued under the hands of the Prudential Committee.
Notice of a meeting shall be given by the District Clerk at least fourteen
(14) days prior to such meeting by posting in two or more public places and
advertising in a newspaper published within the Town of Barnstable and by
making copies of the annual report and warrant available fourteen (14) days
prior to said meeting. The annual meeting shall be held within the District
on the third Tuesday in May of each year. All newly elected officers of the
Centerville-Osterville-Marstons Mills Fire District shall be sworn to the
faithful performance of their duties.
The warrant for all District
meetings shall state the time and place of the meeting and the subjects to
be acted upon thereat. The Prudential Committee shall insert in the warrant
for the annual meeting all articles with their recommendations thereon and
all articles that have been requested of them by fifty (50) or more
registered voters of the District. For any special District meeting the
Prudential Committee shall insert in the warrant all articles with their
recommendation thereon and, also, all articles that have been requested of
them by fifty (50) or more registered voters of the District.
(A) The Prudential
Committee shall call a special District meeting upon the petition, in
writing, by two hundred (200) registered voters of the District. Once a
petition has been submitted to the Town Clerk for verification of
signatures, it shall be closed and no further signatures shall be added.
The special District meeting shall be held not later than thirty (30) days
after the verification of such petition and the Prudential Committee shall
insert in the warrant all articles that shall have been requested by such
petition.
(B)
Notwithstanding anything to the contrary contained in these By-Laws,
no Special Meeting of the District shall be required to be called if the
commencement date thereof shall be fewer than ninety (90) days prior to or
subsequent to the date of any annual or Special District meeting called by
separate petition or by the initiative of the Prudential committee;
provided, however, that nothing in these By-Laws shall be deemed or
construed to prohibit or inhibit the authority of the Prudential Committee
to call a Special Meeting at any time, if it shall by majority vote find
that an emergency or other matter which the Committee deems to be a matter
of sufficient urgency to warrant such action, in its sole judgment shall
have arisen. In the event that the Prudential Committee shall initiate the
call of a meeting in accordance with the provisions of this section, the
manner and method, and the time frames for convening shall be as are
provided by these by-laws for the call of a Special Meeting in the ordinary
course.
One hundred (100) registered voters
of the Centerville-Osterville-Marstons Mills Fire District shall constitute
a quorum for the purposes of the annual meeting and fifty (50) registered
voters the District shall constitute a quorum for the purposes of a special
meeting.
The District shall elect a
Moderator for a three (3) year term. The Moderator shall have all powers of
Moderators under Massachusetts General Laws, or as provided in these By-Laws
and shall receive such compensation as said District may determine.
The voters shall elect by ballot
three (3) members of the Prudential Committee for terms of three (3) years
each. The term of one member shall expire each year.
(A)
The Prudential Committee shall be the chief executive officers of the
District and shall exercise general management responsibility over District
affairs.
(B)
The Prudential Committee shall, by issuance of warrants therefore,
call the District meeting into session and determine the subjects to be
acted upon at said District meeting.
(C)
The Prudential Committee shall, by the issuance of warrants
therefore, call all elections, regular or special, to be held in the
District.
(D)
The Prudential Committee shall expend for the purposes prescribed by
the District, money raised or borrowed.
(E)
The Prudential Committee shall have jurisdiction and control of all
property, real and personal, except as provided for in Chapter 169 of the
Acts of 1937.
(F)
The Prudential Committee shall have all the other powers, duties and
responsibilities that are given to the Prudential Committee by the
Massachusetts General Laws, by the By-Laws or by the vote of the District.
(G)
The Prudential Committee shall have the power to determine the
location and type of street lights within the District and to contract with
the electric utility company, on a yearly basis, for same.
(H)
The Prudential Committee shall have responsibility for contract
approval of purchased goods or services for the District and shall appoint a
Chief Procurement Officer to accomplish same, in accordance with the General
Laws and Procurement Regulations.
(I)
The Prudential Committee shall have the responsibility to ensure
District compliance with federal, state and local regulations pertaining to
equal employment opportunity, employment of handicapped, affirmative action,
discrimination and other applicable laws, rules and regulations.
(J) The Prudential
Committee shall have the responsibility of determining the insurance
coverage to meet the needs of the District and to contract for the same.
(K)
The Prudential Committee shall approve and sign all notes, bonds or
script issued by the District and all warrants for payment of District
funds. It shall establish policy, rules, regulations and procedures to
ensure review, prior to issue, of all District agreements, contracts and
other documents that will ultimately result in the expenditure of District
funds.
(L)
The Prudential Committee shall establish policies, rules and
regulations to ensure all contracts for goods or services are approved by
District counsel as required by the General Laws and Procurement Regulations
and that availability of funds is verified by the Treasurer.
(M)
The Prudential Committee shall establish policies, rules, regulations
and procedures to ensure that an original copy of all District agreements
and contracts are filed in the Treasurer's central file in accordance with
the General Laws and procurement regulations.
(N)
The Prudential Committee shall appoint a By-Law Committee, on an
annual basis, to review the By-Laws and make recommendations regarding the
possible revisions or additions of the District By-Laws.
(O)
The Prudential Committee shall have the fiscal responsibility for the
District. It shall establish annual spending recommendations for
operational purposes and for long-term obligations. The issuance of bonds
and notes may be phased to stabilize the tax rate to the maximum possible
degree.
(P)
The Prudential Committee shall establish guidelines, rules,
procedures and regulations to assist the operating departments’ financial
planning. It shall receive proposed budgets and articles from the District
officers and departments for review and inclusion in the annual warrant. It
shall make recommendations thereon at the annual meeting.
(Q)
The Prudential Committee shall establish and administer a Personnel
Code and shall have the authority to amend the same upon majority vote of
the Committee and the Commissioners of the affected department.
(R)
The Prudential Committee shall have the responsibility for final
approval of all labor agreements, following negotiation for labor agreement
conducted jointly by the Prudential Committee and the Commissioners of the
Board of Water Commissioners or Fire Commissioners, whichever shall be
appropriate, or a single member of each Board and the Prudential Committee,
designated by such Board or Prudential Committee for such purpose. The
approval of the Prudential Committee shall be given only following approval
of the agreement by the appropriate Board, and not otherwise.
(S)
The Prudential Committee shall maintain its membership and
participation in the Barnstable Districts Alliance and shall continue to
provide the Alliance with its support and cooperation.
(T)
The Prudential Committee shall, at its next regular or special
meeting after the annual election, elect a chairperson and vice
chairperson. The vice chairperson shall discharge the duties of the
chairperson in the event of the chairperson’s absence by volition,
expiration of term, death, resignation or removal.
(U)
The Prudential Committee shall have the sole authority to retain and
employ the services of legal counsel to and for the District and each
Department and Board within the District.
(V) The Prudential
Committee shall appoint a District Treasurer and District Clerk. The
Committee shall consult with and solicit the recommendations of the District
Treasurer and District Clerk before appointing an Assistant (or Temporary)
Treasurer and/or Assistant (or Temporary) Clerk and such other Prudential
Operation employees as may be provided by these By-Laws. The Committee
shall have the authority to delegate its appointing authority to the
District Treasurer or District Clerk upon and subject to such conditions not
inconsistent with these By-laws or any General or Special law applicable
thereto as the Commissioners shall determine, in writing, following a
majority vote in favor of such delegation at a meeting duly called for such
purpose. However, any such delegation of authority shall terminate at the
will of the Commissioners by majority vote at any time at a meeting of the
Commissioners duly called for such purpose and such delegation shall
terminate in any event 30 days following the election of the Prudential
Committee Chairman, as provided in Section 2(T), unless renewed by a
majority vote of the Board at the meeting at which such election is held.
The Prudential
Committee shall interpret and ensure the District Treasurer and District
Clerk are fulfilling the powers and duties of the job descriptions contained
in the personnel code.
(A)
The Prudential Committee shall appoint a Treasurer whose
qualifications and powers and duties shall be as delineated in the District
Personnel Code and as provided in the Massachusetts General Laws. The
Treasurer shall be appointed on the basis of merit and ability for an
initial probationary term of one (1) year and during that probationary term
may be removed without cause. Following completion of the one (1)
year probationary period, the Treasurer may be appointed to a regular
position by vote of the appointing authority. If so appointed, the
appointee shall thereafter be given an annual review and may be removed at
any time, but only for just cause and after a public hearing as set forth in
Article X of these By-Laws. The Treasurer shall give bond as the Prudential
Committee may require. The cost of this bond will be paid for by the
District.
(B)
Upon appointment, the Treasurer shall be deemed qualified for all of
the same benefits granted to other full-time employees of the
Prudential Committee and any other benefits as the Prudential Committee may
deem appropriate to the exercise of his duties.
(C)
Compensation for the Treasurer shall be as established by the
Prudential Committee.
(A)
The Prudential Committee shall appoint a Clerk and an Assistant Clerk
whose qualifications and powers and duties shall be as delineated in the
District Personnel Code and as provided in the Massachusetts General Laws.
The Clerk shall be appointed on the basis of merit and ability for an
initial probationary term of one (1) year and during that probationary term
may be removed without cause. Following completion of the one (1)
year probationary period, the Clerk may be appointed to a regular position
by vote of the appointing authority. If so appointed, the appointee shall
thereafter be given an annual review and may be removed at any time, but
only for just cause and after a public hearing as set forth in Article X of
these By-Laws.
(B)
Upon appointment, the Clerk shall be deemed qualified for all of the
same benefits granted to other full-time employees of the Prudential
Committee and any other benefits as the Prudential Committee may deem
appropriate to the exercise of his duties.
(C)
Compensation for the Clerk shall be as established by the Prudential
Committee.
If the Clerk or
Treasurer is prevented from performing official duties, or if the office is
vacant, the Prudential Committee shall in writing appoint a Temporary Clerk
or Temporary Treasurer. The Temporary Treasurer shall give bond in like
manner as the Treasurer and shall hold the office until a successor is
chosen.
SECTION 6. Director of Information
Systems
(A)
The Prudential Committee shall appoint a Director of Information
Systems whose qualification and powers and duties shall be as delineated in
the District Personnel code and as provided in the Massachusetts General
Laws. The Director of Information systems shall be appointed on the basis
of merit and ability for an initial probationary term of one (1) year and
during that probationary term may be removed without cause. Following
completion of the one (1) year probationary period, the Director of
Information systems may be appointed to a regular position by vote of the
appointing authority. If so appointed, the appointee shall thereafter be
given an annual review and may be removed at any time, but only for just
cause and after a public hearing as set forth in Article X of these By-Laws.
(B)
Upon appointment, the Director on Information Systems shall be deemed
qualified for all the same benefits granted to other employees of the
Prudential Committee and any other benefits as the Prudential Committee may
deem appropriate to the exercise of his duties.
(C)
Compensation for the Director of Information Systems shall be as
established by the Prudential Committee.
(A) No District notes,
bonds or script shall be issued by the Treasurer unless authorized by vote
of the District and all such notes, bonds or script shall be signed by the
Treasurer of the District and countersigned by a majority of the Prudential
Committee.
(B) No money shall be
paid from the treasury of the District except notes, bonds or script issued
as above provided and interest thereon without the written approval or order
of the majority of the Prudential Committee or by vote of the District
according to its orders.
Any appropriation or transfer of funds made
under any special warrant article shall lapse at the expiration of five (5)
years following the effective date of such vote unless otherwise provided
for in the warrant article. The District, at an annual or special meeting
may, prior to the expiration of any such term of years provide for an
extension during which the funds shall continue to be available for the
purpose specified. The Treasurer shall notify the Annual District Meeting
as to which accounts are due to expire. The funds so affected shall be used
to reduce that fiscal year's budget or used in any other manner as voted by
the District.
(A)
There shall be a Board of Fire Commissioners consisting of three (3)
members elected for three (3) year terms. The term of one member shall
expire each year. The Board of Fire Commissioners shall serve as the chief
policy making agency of the Fire Department. Said board shall be
responsible to the Prudential Committee and the voters of the
Centerville-Osterville-Marstons Mills Fire District as provided by the
General Laws.
(B)
The Board of Fire Commissioners shall expend for the purposes
prescribed by the District the funds so raised and borrowed for the use of
the Fire Department. The Board of Fire Commissioners shall supervise the
awarding of bids for the purpose of purchasing Fire Department equipment and
shall make necessary rules to be followed in making and awarding of bids
consistent with the Massachusetts General Laws; provided, however, that no
such general law which affords the District the option of adopting it shall
be deemed to have been adopted as a result of this section.
(C)
The Board of Fire Commissioners may direct the Fire Chief to make
those purchases required for the routine operation of the Fire Department,
which do not require being put out to bid by the Massachusetts General Laws.
(D)
The Board of Fire Commissioners shall receive the reports of the Fire
Chief and make recommendations thereon to the District meeting.
(E)
The Commissioners shall ensure the Fire chief and Deputy Fire Chief
are fulfilling the powers and duties of the job descriptions contained in
the Personnel Code.
(F)
The Board of Fire Commissioners shall prepare and distribute proposed
amendments to the job descriptions and qualifications for all positions of
the Fire Department for submission to the Prudential Committee in accordance
with the provisions of Article V, Section 2 (Q).
(G)
The Board of Fire Commissioners shall appoint the Fire Chief. Prior
to making any other appointments, the Board shall consult with and solicit
the recommendations of the Fire Chief before appointing the Deputy Chief and
such other Fire Department employees as may be provided by these By-Laws or
any General or Special Law. The Commissioners shall have the authority to
delegate its appointing authority to the Fire chief upon and subject to such
conditions not inconsistent with these By-Laws or any General or Special law
applicable thereto as the commissioners shall determine, in writing,
following a majority vote in favor of such delegation at a meeting duly
called for such purpose. However, any such delegation of authority shall
terminate at the will of the Commissioners by majority vote at any time at a
meeting of the commissioners duly called for such purpose, and such
delegation shall terminate in any event 30 days following the election of
the Prudential committee chairman, as provided in Section2(T), unless
renewed by a majority vote of the Board at the meeting at which such
election is held.
(H)
The Board of Fire Commissioners shall have the authority, after due
evaluation of costs and expenses, and with Prudential Committee approval, to
set reasonable rates and fees, commensurate with the cost and expense of
investigating and administering the issuance thereof, for permits issued by
the Fire Department.
(I)
The Board of Fire Commissioners shall recognize the employees of the
Fire Department or their authorized representative as a legal bargaining
agent for all labor contractual agreements and shall, as a Board or through
its delegated Commissioner, negotiate all labor contracts, union and
non-union, in conjunction with the Prudential Committee or its
representative as provided in Article V, Section 2, (R), above.
(J)
The Board of Fire Commissioners shall have the right to seek legal
counsel from the District’s appointed attorneys when the Board deems
necessary for the department’s daily operations.
(A)
Appointment. The Board of Fire Commissioners shall appoint a Fire
Chief, who shall be a resident of the Centerville-Osterville-Marstons Mills
Fire District upon appointment or within twelve (12) months thereof. The
Fire Chief shall be appointed on the basis of merit and ability for an
initial probationary term of one (1) year and, during that probationary
term, may be removed without cause. Following completion of
the one (1) year probationary period, said Fire Chief may be appointed to a
regular position by vote of the appointing authority. If so appointed, the
said Fire Chief shall thereafter be given an annual review and may be
removed, at any time, for just cause and after a public hearing as set forth
in Article X of these By-Laws.
The qualifications and
powers and duties of the Fire Chief shall be as delineated in the District
Personnel Code. Upon appointment, said Fire Chief shall be deemed qualified
for all of the same benefits granted to other firefighters under the Board
of Fire Commissioners, and such other benefits as the Fire Commissioners may
deem appropriate to the exercise of his duties.
(B)
Vacancy. A vacancy in the office of Fire Chief shall be
filled as soon as possible by the Board of Fire Commissioners. Pending such
appointment, the Board of Fire Commissioners shall designate a competent
Fire Department officer or employee to perform the duties of Fire Chief on a
temporary basis.
(C) Compensation.
Compensation for the Fire Chief shall be as established by the Board of
Fire Commissioners.
(D) Job Description
of Fire Chief
(A)
Appointment. The Board of Fire Commissioners shall appoint a
Deputy Fire Chief or Chiefs, who shall reside in the
Centerville-Osterville-Marstons Mills Fire District upon appointment or
within twelve (12) months thereof. Deputy Fire Chiefs shall be appointed on
the basis of merit and ability for an initial probationary term of one (1)
year and during that probationary term may be removed without cause.
Following completion of the one (1) year probationary period, a
Deputy Chief may be appointed to a regular position by vote of the
appointing authority. If so appointed, the Deputy Fire Chief shall
thereafter be given an annual review and may be removed, at any time, for
just cause and after a public hearing as set forth in Article X of these
By-Laws.
The qualifications and
powers and duties of Deputy Chiefs shall be as delineated in the District
Personnel Code. Upon appointment, such Deputy Fire Chiefs shall be deemed
qualified for all of the same benefits granted to firefighters under the
Board of Fire Commissioners, and such other benefits, as the Fire
Commissioners may deem appropriate to the exercise of his duties.
(B)
Vacancy. Any vacancy in the office of Deputy Fire Chief shall be
filled as soon as possible by the Board of Fire Commissioners. Pending such
permanent appointment, the Board of Fire Commissioners shall designate a
competent officer or employee to perform the duties of Deputy Fire Chief on
a temporary basis.
(C)
Compensation. Compensation for the Deputy Fire Chiefs shall
be as established by the Board of Fire Commissioners.
(A)
Any person maintaining, or permitting to be maintained, a mechanical
or electronic fire alarm device that transmits an alarm stimulus indicating
that it has detected a fire or a condition inherently characteristic of a
fire in order to summons the Fire Department to the property, shall maintain
the device, or cause the device to be maintained, in good operating
condition.
(B)
Any false report of a fire made to the Fire Department as a result of
the transmission of an alarm stimulus shall be reported to the occupant of
the premises by the Fire Department. Notice to the person maintaining or
permitting the device to be maintained shall be deemed delivered by the
leaving of a written notification by Fire Department personnel at the
premises where the mechanical or electronic fire alarm device is located.
(C)
Any person who maintains or permits to be maintained, any mechanical
or electronic fire alarm device which transmits more than three (3) false
reports of fire within any consecutive twelve (12) month period, after
written notification by the Fire Department, shall be punished by a fine of
fifty dollars ($50.00) for each offense.
(D)
The Board of Fire Commissioners shall have the right to waive the
penalty provisions of this section for cause upon satisfactory proof that
the false alarm was not due to failure to maintain the system in good
operating condition.
To ensure fire safety for
the inhabitants of the District, no fence, hedge, wall or other obstruction,
and/or any obstruction, which will interfere with the operation of the
hydrant, shall be located within three (3) feet to the sides and/or three
(3) feet to the rear of a fire hydrant.
The owner of any property containing a
fence, hedge, wall or other obstruction, and/or any other obstruction which
will interfere with the operation of a fire hydrant belonging to the
District, and who shall not have removed such obstruction within fourteen
(14) days of the order of removal, shall be subject to a penalty in the
amount of $100.00 per day for each day that such obstruction exists
following the expiration of such fourteen (14) day period.
The voters shall elect by ballot
three (3) members of the Board of Water Commissioners for terms of three (3)
years each. The term of one member shall expire each year.
(A)
The Board of Water Commissioners shall supervise the operation
of the Water Department pursuant to Chapter 169 of the Acts of 1937, and it
shall record the happenings of the Water Department in the Annual Report.
(B)
The Board of Water Commissioners shall be responsible for management
of all Water Department buildings, tanks, equipment and properties, as
provided for in Chapter 169 of the Acts of 1937.
(C)
The Board of Water Commissioners shall certify all bills and warrants
against the District contracted by its authority and shall cause the
preparation of the annual budget and articles to be included in warrants for
approval by District voters.
(D)
The Board of Water Commissioners shall appoint the Water
Superintendent. Prior to making any other appointments, the Board shall
consult with and solicit the recommendations of the Water Superintendent
before appointing the Assistant Superintendent and such other Water
Department employees as may be provided by these By-Laws. The Board shall
have the authority to delegate its appointing authority to the Water
Superintendent upon and subject to such conditions not inconsistent with
these By-Laws or any General or Special law applicable thereto as the
Commissioners shall determine, in writing, following a majority vote in
favor of such delegation at a meeting duly called for such purpose.
However, any such delegation of authority shall terminate at the will of the
Commissioners by majority vote at any time at a meeting of the Commissioners
duly called for such purpose, and such delegation shall terminate in any
event 30 days following the election of the Prudential Committee Chairman,
as provided in Section 2(T), unless renewed by a majority vote of the Board
at the meeting at which such election is held.
The Board shall ensure the
Water Superintendent and Assistant Superintendent are fulfilling the powers
and duties of the job descriptions contained in the Personnel Code.
The said board shall
prepare and distribute proposed amendments to the job descriptions and
qualifications for all positions of the Water Department for submittal to
the Prudential Committee in accordance with the provisions of Article V,
Section 2 (Q).
(E)
The Board of Water Commissioners shall establish just and equitable
water rates and water service installation rates, consistent with the Water
Department expenses.
(F)
The Board of Water Commissioners shall recognize the employees of the
Water Department or their authorized representative as a legal bargaining
agent for all labor contractual agreements and shall, as a Board or through
its delegated Commissioner, negotiate all labor contracts, union and
non-union, in conjunction with the Prudential Committee or its
representative as provided in Article V, Section 2, (R), above.
(G) Subject to such
instructions, rules and regulations as the District may vote, the Board of
Water Commissioners shall negotiate contracts for the Department for
engineering assistance, the laying of water mains and their appurtenances
thereto, the installation of pumping equipment and construction of buildings
and tanks, in accordance with the appropriate General Laws.
(H) Subject to vote by
the District, the Board of Water Commissioners shall, from time to time,
revise and update the Rules and Regulations of the Water Department as
adopted on March 10, 1987.
(I) The Board of Water
Commissioners shall have the right to strictly enforce all General Laws
pertaining to public water supply.
(J)
The Board of Water Commissioners shall, at its next regular or
special meeting after the annual election, elect a chairperson, vice
chairperson and a clerk. The vice chairperson shall discharge the duties of
the chairperson in the event of the chairperson’s absence by volition,
expiration of term, death, resignation or removal.
(K)
The Board of Water Commissioners shall have the right to seek legal
counsel from the District’s appointed attorneys when the Board deems
necessary for the department’s daily operations.
(A) The Board of Water
Commissioners shall appoint a Water Superintendent whose qualifications,
powers and duties shall be as delineated in the District Personnel Code.
The Water Superintendent shall be appointed on the basis of merit and
ability for an initial probationary term of one (1) year and, during that
probationary term, may be removed without cause. Following
completion of the one (1) year probationary period, said water
superintendent may be appointed to a regular position by vote of the
appointing authority. If so appointed, the appointee shall thereafter be
given an annual review and may be removed at any time, for just cause and
after a public hearing as set forth in Article X of these By-Laws.
(B) Upon appointment,
the Water Superintendent shall be deemed qualified for the same benefits
granted to other full-time Water Department employees and such other
benefits as the Board of Water Commissioners deems appropriate to the
exercise of his duties.
(C) A vacancy in the
office of Water Superintendent shall be filled as soon as possible by the
Board of Water Commissioners. Pending such appointment, the Board shall
designate a qualified employee to perform the duties of Water Superintendent
on a temporary basis.
(D) The salary of the
Water Superintendent shall be as determined by the Board of Water
Commissioners.
(A) The Board of Water
Commissioners shall appoint an Assistant Water Superintendent whose
qualifications and powers and duties shall be as delineated in the District
Personnel Code. The Assistant Water Superintendent shall be appointed on
the basis of merit and ability for an initial probationary term of one (1)
year and during that probationary term may be removed without cause.
Following completion of the one (1) year probationary period, he may be
appointed to a regular position by vote of the appointing authority. If so
appointed, the appointee shall thereafter be given an annual review and may
be removed at any time, but only for just cause and after a public hearing
as set forth in Article X of these By-Laws.
(B) Upon appointment, the
Assistant Water Superintendent shall be deemed qualified for the same
benefits granted to other full-time Water Department employees and such
other benefits as the Board of Water Commissioners deems appropriate to the
exercise of his duties.
(C) A vacancy in the
office of Assistant Water Superintendent shall be filled as soon as possible
by the Board of Water Commissioners. Pending such appointment, the Board
shall designate a qualified employee to perform the duties of Assistant
Water Superintendent on a temporary basis.
(D) The salary of the
Assistant Water Superintendent shall be as determined by the Board of Water
Commissioners.
SECTION 5. Water Conservation.
(A)
Authority. This By-Law is adopted by the COMM Fire District
under its police powers to protect public health and welfare and its powers
under the Massachusetts General Laws Chapter 40, Section 21 et seq., and
implements the District's authority to regulate water use pursuant to
Massachusetts General Laws Chapter 41, Section 69B. This By-Law also
implements the District's authority under Massachusetts General Laws Chapter
40, Section 41A, conditioned upon a declaration of water supply emergency
issued by the Department of Environmental Protection.
(B)
Purpose. The purpose of this By-Law is to protect, preserve
and maintain the public health, safety and welfare whenever there is, in
force, a State of Water Supply Conservation or State of Water Supply
Emergency by providing for enforcement of any duly imposed restrictions,
requirements, provisions or conditions imposed by the District or by the
Department of Environmental Protection.
(C)
Definitions.
1.
“Person” shall mean any individual, corporation trust, partnership or
association, or other entity.
2.
“State of Water Supply Emergency” shall mean a State of Water Supply
Emergency declared by the Department of Environmental Protection under
Massachusetts General Laws Chapter 21G, Sections 15-17.
3.
“State of Water Supply Conservation” shall mean a State of Water
Supply Conservation declared by the District pursuant to Section (D) of this
By-Law.
4.
“Water Users or Water Consumers” shall mean all public and private
users of the District's public water supply system, irrespective of any
person's responsibility for billing purposes for water used at any
particular facility.
(D)
Declaration of a State of Water Supply Conservation. The
District, through its Board of Water Commissioners, may declare a State of
Water Supply Conservation upon a determination by a majority vote of the
Board that a shortage of water exists and conservation measures are
appropriate to ensure an adequate supply of water to all water consumers.
Public notice of a State of Water Conservation shall be given under Section
(E) of this By-Law before it may be enforced.
(E)
Restricted Water Uses.
1.
Declaration of a State of Water Supply Conservation shall include one
or more of the following restrictions, conditions, or requirements limiting
the use of water as necessary to protect the water supply. The applicable
restrictions, conditions or requirements shall be included in the public
notice required under Section (F).
2. Odd/Even Day
Outdoor Watering. Outdoor watering by water users with odd numbered
addresses is restricted to odd numbered days. Outdoor watering by water
users with even numbered addresses is restricted to even numbered days.
Commercial, condominium and other multiple properties held under common
ownership or management will be assigned an odd or even designation in
writing by the Water Department.
3. Outdoor Watering
Ban. Outdoor watering is prohibited.
4. Outdoor Watering
Hours. Outdoor watering is permitted only during daily periods of low
demand, to be specified in the declaration of a State of Water Supply
Conservation and public notice thereof.
5. Filling Swimming
Pools. Filling of swimming pools is prohibited.
6. Automatic Sprinkler
Use. The use of automatic sprinkler systems is prohibited.
(F)
Public Notification of a State of Water Supply Conservation;
Notification of DEP -
Notification of any provision, restriction, requirement or condition imposed
by the District as part of a State of Water Supply Conservation shall be
published in a newspaper of general circulation within the District, or by
such other means reasonably calculated to reach and inform all users of
water of the State of Water Supply Conservation. Any restriction imposed
under Section (E) shall not be effective until such notification is
provided. Notification of the State of Water Supply Conservation shall also
be simultaneously provided to the Massachusetts Department of Environmental
Protection.
(G)
Termination of a State of Water Supply Conservation; Notice -
A State of Water Supply conservation may be terminated by a majority vote of
the Board of Water Commissioners, upon a determination that the water supply
shortage no longer exists. Public notification of the termination of a
State of Water Supply Conservation shall be given in the same manner
required by Section (F).
(H)
State of Water Supply Emergency; Compliance with DEP Orders -
Upon notification to the public that a declaration of a State of Water
Supply Emergency has been issued by the Department of Environmental
Protection, no person shall violate any provision, restriction, requirement,
condition of any order approved or issued by the Department intended to
bring about an end to the State of Emergency.
(I)
Penalties - This By-Law shall be enforced by the
Superintendent of the Water Department and the members of the Board of Water
Commissioners, or any delegate thereof duly designated by the Board of Water
Commissioners at a public meeting and whose name is duly recorded on the
Minutes of such meeting. If the Department shall determine that the use of
water on any premises is occurring in violation of this By-Law, then the
enforcement authority shall cause a written notice of such violation,
constituting a warning, to be given to the owner of such premises. Notice
shall be deemed given upon mailing a copy thereof, postage prepaid,
certified first class United States mail, return receipt requested, to the
owner of record appearing in the tax assessing records of the Town of
Barnstable as shown on the final bill for the most recent fiscal year and by
delivering a copy thereof to the premises, but notice shall be deemed
complete upon such mailing. Any premises which are determined by the Board
of Water Commissioners to be in violation of this By-Law after the giving of
such warning notice shall be subject to restriction of water supply
(including total shutoff) to the extent deemed necessary by the enforcement
authority to achieve compliance. Notwithstanding anything to the contrary
herein contained, no action shall be taken to shut off or restrict the
supply of water to any premises in violation of any other lawful statute,
rule or regulation applicable to such premises or the occupants thereof.
(J)
Severability - The invalidity of any portion or provision of
this By-Law shall not invalidate any other portion or provision thereof.
(A)
Notwithstanding the provisions of Article I, Section 1 of these
by-laws, in the event that a vacancy shall arise in any elective office as a
result of the death or resignation of an elected official, then the position
of such deceased or resigned official may be served by an individual
qualified to vote in District elections, appointed by a majority vote at a
joint meeting of the then members of the Prudential Committee, Board of
Water Commissioners and Board of Fire Commissioners, (collectively, the
“Appointing Authority”) and duly sworn, who shall serve as though duly
elected by the District, until the next annual meeting of the District; and
if the term of the deceased or resigned official shall extend beyond the
date of the next annual meeting, then at such annual meeting the District
shall elect an individual so qualified, to serve the remainder of the term
of such deceased or resigned official. A majority in aggregate of the
members of said Appointing Authority shall constitute a quorum for the
purposes of such meeting. Such meeting may be called by the Appointing
Authority and shall not be held sooner than ten (10) days following the
first day of posting as provided in Section 3.
No appointment shall be made within 90 days prior to any Annual Meeting,
provided, however, that nothing in these By-Laws shall be deemed or
construed to prohibit the authority of the Appointing Authority to initiate
the appointment process or make the appointment, if it shall by majority
vote find that an emergency or other matter which the Appointing Authority
deems to be a matter of sufficient urgency to warrant such action, in its
sole judgment shall have arisen.
Whenever a vacancy occurs in any District office other than in the ordinary
course at the conclusion of a term, or when by reason of disability or
retirement or other such cause a vacancy can be anticipated, and an interim
appointment is to be made pursuant to the By-Laws, the Chairperson of the
Appointing Authority shall cause public notice of the vacancy or impending
vacancy and of the Appointing Authority’s intention to effect an interim
appointment pending the next regular election, such notice to be published
at least once in one local newspaper of general circulation within the
District, so as to appear not less than ten (10) days, nor more than thirty
(30) days prior to the public meeting at which the Appointing Authority
shall first consider an interim appointment; and such notice shall be posted
on the official bulletin board at the District Headquarters Building, 1875
Falmouth Road, Centerville, Massachusetts, continually for a period of not
less than (10) days nor more than thirty (30) days prior to the date of such
meeting. The posted and published notice shall contain a description of the
duties of office sought to be filled on an interim basis, together with a
job description and any necessary qualifications prescribed by the By-Laws
or laws of the Commonwealth. The person desiring to seek appointment to the
vacant office may, at any time within the first ten (10) days following the
date that notice is first published as aforesaid, file with the Clerk of the
District a written statement setting forth the candidate’s qualifications
for such office. The Appointing Authority may meet at any time or from time
to time upon the initiative of the Chairperson of the Appointing Authority,
who for the purpose of this Section 1 and this section of Article IX, shall
be the Chairperson of the Prudential Committee, or in the absence of the
Chairperson, the Vice Chairperson of the Prudential Committee, to
consider any additional measures that may be deemed appropriate to publicize
the vacancy and solicit the submission of statements of qualification, but
no such statements shall be considered in a deliberative forum and no
appointment shall be considered by the Appointing Authority assembled as
such until at least ten (10) days after the first day that posting and
publishing have occurred as provided herein. The provisions of this section
shall not apply to positions in conflict with the terms of any collective
bargaining agreement of which the District or any of its Boards or
Departments are a party.
No vote to terminate employment of any appointed official, specifically the
Clerk, Treasurer, Fire Chief, Deputy Fire Chiefs, Water Superintendent, or
Assistant Water Superintendent, shall be effective unless it carries a
majority vote of the appointing authority of such appointed official.
(A)
A written notice of the vote of the appointing authority of such
appointed official to remove or suspend and a statement of the cause or
causes thereof, shall be delivered via registered or certified mail, return
receipt requested, to the affected appointed official at that official’s
last known address.
(B)
Within five (5) days following delivery of said notice, the official
involved may request a public hearing by submitting, in writing, a request
therefore to the appropriate appointing authority, and by filing a copy of
said request with the District Clerk.
(C)
A public hearing, at a time and place designated by and presided over
by the District Moderator, shall be held by the appointing authority and the
Prudential Committee not fewer than seven (7) and not more than fourteen
(14) days following the date of receipt of a request therefore. If the
appointing authority of the official involved is the Prudential Committee,
then the Prudential Committee and either the Board of Water Commissioners or
the Board of Fire Commissioners, as designated by the District Moderator,
shall jointly hold the hearing.
(D)
The person involved shall be given not less than five (5) days
written notice of such public hearing, and shall have the right to be
represented by counsel at such hearing, to call witnesses, to examine
witnesses and to introduce evidence.
(E)
Not more than fourteen (14) days following the public hearing, those
holding the hearing shall take final action on the removal or suspension and
shall, forthwith, notify the official involved.
(F)
If no public hearing has been requested within five (5) days, the
removal or suspension shall be deemed effective forthwith upon expiration of
the five (5) day period referred to in Subsection 3 (B).
(G)
The preceding Sections (A) through (F) are applicable only with
respect to removal for cause.
(H)
Nothing in this Section 3 shall entitle or require a hearing, or a
showing of cause for removal during a probationary period, or in the event
of non-appointment, following the expiration of a probationary period.
A
probationary appointee may be removed without cause. For the purposes of
this section these by-laws, a “probationary appointee” shall mean an
appointee occupying a position during a probationary period.
During the period of time that any
appointed official is occupying a position on a probationary basis, such
appointee may be removed without cause upon notice from the appointing
authority and nothing herein shall be construed to require a hearing or a
showing of cause prior to removal or, in the event of non-appointment,
following a probationary period.
SECTION 1.
These
By-Laws may be amended by majority vote of the District at any annual or
special meeting called in whole or in part for such purpose, or by ballot in
any annual or special District election.
_____________________________
HISTORY
Originally voted
May 17, 1993; passed by Legislature and signed by Governor Weld, November
24, 1993, as Chapter 259 of the Acts of 1993.
Article VII, Sections 5 and 6, added by amendment of
voters on May 17, 1994.
Article I, Section 3A, added by amendment of voters on
May 16, 1995
Article VIII, Section 5, added by amendment of voters
on June 12, 2000.
Amendments made by voters at Annual District Meeting on
June 8, 2004, as per annual warrant book.
