HomeMy WebLinkAbout2020-01-07 Select Board Packet1
Draft Onboarding Manual for the Reading Select Board
Submitted to the Board for consideration on December 31, 2019
Table of Contents
1.0 Introduction
2.0 Powers and Duties of the Board
2.1 General Powers and Duties
2.2 Appointment of Paid and Unpaid Employees
2.3 Town Meetings
2.4 Town Manager
2.5 Other Board duties and responsibilities
3.0 Select Board Policy
3.1 Organization of the Board
3.1(a) Officers
3.1(b) Liaisons
3.1(c) Subcommittees
3.2 Meetings
3.2(a) Meeting Agendas and Meeting Schedules
3.2(b) Meetings
3.3 Code of Conduct
4.0 Open Meeting Law and Conflict of Interest
4.1 Open Meeting Law
4.2 Conflict of Interest Law
1.0 Introduction
Congratulations on becoming a member of Reading’s Select Board (“the Board” or
“Board”). Thank you for volunteering your time and energy to the town. Your new role is
critical to Reading’s local democracy. The purpose of this onboarding manual is to begin
your education on your new role. Specifically, this manual focuses on the powers and
duties of the Board (Section 2) and on Board meetings (Section 3).
The many powers and duties of the Board are described in the Town Charter and General
Bylaws. You are expected to exercise these powers and duties to the best of your ability.
Remember that you are a member of five equals. You are empowered to act in your new
capacity when in Public or Executive Session of the Board or when you are appointed by
the Board to act on its behalf for a specific purpose. Outside these occasions, you may not
speak or act on behalf of the Board, unless the Board votes to allow you to do so.
During your tenure as a Board member, you will attend many Board meetings. Generally,
the Board meets every two weeks. During the summer months the Board tends to meet
less often and during the budget season in December the Board meets more frequently.
Meetings are presided over by the Board Chair. In order for the meetings to be productive,
the Chair will try to keep discussions on topic and keep the Board moving along so that we
can adhere to the agenda schedule. Therefore, unless the Chair states otherwise, it is
important to wait for the Chair to acknowledge you before you speak. Presiding over a
meeting can be challenging. Acknowledging that and respecting the role of the Chair will
allow meetings to run more smoothly and present a professional image to the Town.
Member behavior at meetings will determine the tenor and productivity of each meeting.
Members who are respectful of fellow Board members, Town staff, and the public,
2
especially during times of disagreement, will help set a positive and constructive tone for
meetings. Members who able to express themselves in a clear and succinct manner make
it easier for the public to follow meetings and will help the Board to be more productive.
2.0 Powers and Duties of the Board
The power and duties of the Board derive from Article 3.2 of the Reading Home Rule Charter
(Charter). Specifically, Section 3.2 establishes the following:
a) The executive powers of the Town shall be vested in the Select Board.
b) The Board shall have all of the powers and duties granted to Boards of Selectmen by the
Commonwealth of Massachusetts (the Commonwealth).
c) The Board shall have additional powers and duties as may be provided by the Charter,
by Town Bylaw, or by Town Meeting vote.
Most of the powers and duties you will need to know can be found in the Charter and in the
General Bylaws. Appendix A of this manual provides you with a quick reference guide to the
Board’s powers and duties. The Board carries out its obligations during open meetings and
executive sessions. Items that come up once a year include the setting of the residential tax rate
and a tax split for commercial and industrial buildings and establishing water and sewer rates.
Other items that come before the Board throughout the year may include the setting of certain
fees (e.g., residential parking permit), deciding whether or not to allow a change in the permittee
of a liquor license to be change, and voting on road-related issues such as cuts in the curb and
parking rules.
The following sections provide a brief summary of the powers and duties most often exercised
by the Board as well as a few that are exercised less frequently. [As with subset of a complete
list, judgement calls must be made on whether or not to include and item from the complete list
in the subset. The subsets in this document are a first stab at what items to include. I look
forward to Board feedback on each subset – should the subset be longer, shorter, include
different items, etc.?]
2.1 General Powers and Duties
The general powers and duties of the Board are:
a) Management of all the fiscal, prudential and municipal affairs of the Town. These
responsibilities are administered by the Town Manager.
b) To cause the laws and orders for the government of the Town to be enforced.
2.2 Appointment of Paid and Unpaid Employees
The Board appoints the following paid employees:
a) Town Manager
b) Town Counsel
c) Town Accountant
The Board also appoints many unpaid employees (i.e., volunteers) that serve on appointed
Town boards and committees. Specifically, the Board is responsible for appointing members to
the following public bodies:
3
a) Board of Cemetery Trustees
b) Board of Commissioners of Trust Funds
c) Board of Health
d) Community Planning and Development Commission
e) Conservation Commission
f) Council on Aging
g) Historical Commission
h) Housing Authority (except for one member who is appointed by the Commonwealth
i) Recreation Committee (except for one member appointed by the School Committee.
j) Town Forest Committee
The Board may also establish boards and committees. The Board appoints members to these
boards and committees, which are described in Section 2 of Select Board policies. The Board
may dissolve boards and committees that have been established by the Board at any time.
The appointments to the above-referenced Boards and Committees are based on
recommendations from the Board’s Volunteer Assessment Subcommittee (VASC). This two-
member board interviews candidates who apply to positions on boards and committees and
then recommends candidates to the Board. Because most appointments end on June 30th of
each year, most appointments and reappointments are made annually in June. However, should
a vacancy become available and the position is posted 10 (or 14) days in advance of the
appointment, the Board may appoint an applicant to a board or committee at any time during the
year.
The Board is also responsible for assigning one of its member to serve on the Charter Review
Committee.
The Board Chair, the Town Moderator, and the Chair of the Committee in question (i.e., the
Finance Committee or the Bylaw Committee) shall appoint members to the Finance Committee
and the Bylaw Committee.
The Board Chair, the Chair of the School Committee, and the Town Moderator shall appoint
members to the Finance Committee and the Permanent Building Committee.
For details on each board or committee, see Article 4 of the Charter, Article 3 of the Bylaws, and
Article 2 of Select Board Policy.
2.3 Town Meetings
Town Meeting is the legislative body of the Town. Meetings occur at least twice in each
calendar year, one in April and one in November. The Town Meeting in April is known as the
Annual Town Meeting. The Annual Town Meeting focuses on approval of an operating budget
for the upcoming fiscal year, as well as other matters that have a fiscal impact on the Town. The
Town Meeting that occurs in November is known as the Subsequent Town Meeting.
Subsequent Town Meeting focusses of changes in the operating budget. Town Meeting may
focus on other matters unrelated to the budget. Town Meeting may conclude after one evening
or may continue over a number of evenings in order to complete Town Meeting business.
The Board has numerous responsibilities that are required in order to hold Town Meetings. Two
key steps the Board takes in preparation for Town Meeting are the placing of subjects on the
Warrant and the closing of the Warrant. Subjects placed on the Warrant are organized by
4
Articles. Both steps are discussed as agenda items at Board meeting. See Appendix Table for
more details. You should become familiar with the preparation for Town Meeting because it
occurs at least twice per year over a Board member’s three-year term.
2.4 Town Manager
The Town Manager is the Chief Administrative Officer of the Town and is responsible to the
Board for the proper administration of all Town affairs placed in his charge by or under the
Charter. A full list of the Town Manager’s powers and duties are presented in Article 5.2 of the
Charter.
The Board relies heavily on the Town Manager to help us meet the duties and responsibilities
described in previous sections. The Town Manager carries out a number of tasks that are of
critical value to the Board. It is important for you to understand the relationship between the
Board and the Town Manager as provided in the Charter. A number of Board/Town Manager
interactions are described as duties under the Charter, including, but not limited to:
a) The Town Manager keeps the Board fully informed about the financial condition and the
needs of the Town. In this capacity, the Town Manager makes recommendations to the
Board as the Town Manager may deem necessary or appropriate.
b) The Town Manager administers collective bargaining agreements entered into by the
Board.
c) The Town Manager's appoints a Police Chief and a Fire Chief subject to confirmation by
the Board.
d) Any votes of the that require enforcement are carried out by the Town Manager or Town
Officers and employees subject to his direction and supervision.
e) The Board may require the Town Manager to perform any other duties.
According to Board policy, the Board is responsible for setting goals for the Town Manager,
evaluating the Town Manager and for entering into a contract with the Town Manager. These
responsibilities are described in Article 1.3.3 and 1.3.4.
2.5 Other Board duties and responsibilities
The following duties and responsibilities occur less frequently, or not at all, during a member’s
3-year term.
a) Intergovernmental Relations - The Town, acting by and through the Board, may enter
into agreements with any other unit of government to perform jointly or in cooperation, by
contract or otherwise, any of its powers or functions;
b) Revision of Precincts - When required by law or every 10 years, the Board shall review
and, if necessary, re-divide the territory of the Town into eight 8 plainly designated
precincts;
c) Special Town Meeting – The Board may also call Special Town meeting to act upon the
legislative business of the Town in an orderly and expeditious manner. The Board must
call a Special Town Meeting upon the receipt of a petition with two hundred (200) or
more signatures of voters.
3.0 Select Board Policy
The Select Board Policies are a set of guidelines created by previous Boards that provide you
with details on how the Board operates. The Board strongly recommends that you read and
5
follow these policies in order to provide the Town with a consistent approach to Board
governance. [Note: I wanted to say something like “so that we all follow a consistent set of rules”
or “so that we all strive to play by the same rules” but don’t believe the policies can be called
rules. Looking for help with this paragraph.]
The Policies are divided into seven articles as follows:
Article 1 – Operating Procedures
Article 2 – Board and Committees
Article 3 – Licenses
Article 4 – Public Works Related Policies
Article 5 – Community Services Policies
Article 6 – Personnel Related Policies
Article 7 – Public Safety
While it is important to understand all the Articles, certain sections of Article 1 and Article 2 are
presented below. These policies are applied most frequently in Board meetings.
3.1 Organization of the Board (Article 1)
Article 1 describes how the Board is organized into officers, members of subcommittees, and
liaisons to other Boards and Committees. The responsibilities for each role are specified in the
Policies. It is important that each Board member show respect to other members by not
assuming responsibilities beyond those described.
a) Officers
The Board elects three officers; a Chair, a Vice Chair, and a Secretary. The election of
these three officers is referred to as reorganization. The Board reorganizes annually.
This annual reorganization occurs during a meeting after the Town election and prior to
the opening of the annual Town Meeting. In addition to the annual reorganization, the
Board may also reorganize at their discretion.
During the first part of the reorganization process the Board elects a Chair. The Town
Manager presides over the election of the Chair. Article 1 establishes two guidelines for
selecting a Chair: Annual rotation of the Chair and not having a Board member serve as
Chair in the final year of that member’s term. After election of the Chair, the Vice Chair
and Secretary are elected during a process that is presided over by the newly elected
Chair.
Article 1 establishes responsibilities for each officer.
• Chair - The three responsibilities of the Chair that are used most frequently are:
o Call regular, emergency and Executive Session meetings of the Board, as
needed.
o Prior to each meeting, approve each meeting agenda in consultation with
the Town Manager.
o Preside over Board meetings and recognizes all speakers including other
Board members.
6
There are other responsibilities that are required of the Chair on a less frequent
basis. The Chair serves as a member of the appointment committees for the
Finance Committee, the Bylaw Committee, and the Permanent Building
Committee. The Chair nominates Board members to Board Subcommittees,
although the appointment is decided by a majority of the Board members.
Nominate Board members to represent the Board at appropriate functions,
events and meetings. [I can not locate a process for appointing members for this
last purpose.]
• Vice Chair – The Vice Chair is responsible for stepping in to assume the duties of
the Chair as may be necessary.
• Secretary – The Secretary is for stepping in to assume the duties of the Vice
Chair or Chair as may be necessary. Other, more frequent, responsibilities of the
Secretary are:
o Conduct the final review and signature of Board Minutes.
o Certify, as required by law, votes of the Board.
o Sign documents upon direction of a majority of the Board members,
including legal settlements on behalf of the Board. Alternatively, any other
Board member or the Town Manager may be authorized to perform this
function.
o Until a revised Communication Policy is enacted, the Secretary will
respond to all correspondence received within 48 hours, acknowledging
receipt. The correspondence will be done in the role of Secretary and not
as an individual member.
b) Liaisons
The purpose of establishing Board Liaisons to the various Town Departments/Divisions
and to Boards and Committees is to maintain good communication and effective working
relationships. [The following two sentences are taken verbatim from Policy Section 1.2.9
- Liaison Assignments. It does not describe who nominates Board members for annual
liaison assignments, although during my tenure this task has been performed by the
Chair. Different Chairs have used different methods for this task.] “Nominate Board
members for annual Liaison assignments in April, following the Annual Town Election
(per Sec. 1.1.5) or at other times, where necessary. The final decision on Liaison
assignments is by a majority of the Board members.” Each liaison is responsible for
providing reports to the full Board at a regular meeting on an as needed basis.
Liaisons shall:
• Act in a role to support the Town Departments/Divisions in their operating
functions as well as longer-term Board Goals. [This first bullet seems to
contradict, at least in part, the last bullet.]
• Attend as many meetings of the Boards and Committees as possible. [It is my
understanding that this part of our policy is not currently practiced on a consistent
basis.]
• Inform Town Department Heads of their interaction with Boards and Committees
for which they have responsibility as described in the Table of Organization as
approved by Town Meeting. All correspondence from a liaison to a Department
Head will copy the Town Manager. [It is my understanding that this part of our
policy is not currently practiced on a consistent basis.]
7
• Facilitate communication between the Board and the Boards and Committees.
Under no circumstances will a member acting in a liaison role direct or manage
staff.
c) Subcommittees
The purpose of establishing Board Subcommittees is to have a mechanism for the Board
to review and consider specific issues. Subcommittees shall:
• Be composed of two members of the Board.
• Follow all Open Meeting Law as if conducting a full Board meeting.
• Recommend, but not approve, a course of action to the full Board.
3.2 Meetings (Article 1)
Board meetings can only be held if a quorum (i.e., three) members are able to attend the
meeting.
a) Meeting Agendas and Meeting Schedules
The purpose of the agenda is to allow the general public an opportunity to participate in
a topic matching their interests. The Agenda shall:
• Be approved by the Chair in consultation with the Town Manager.
• Contain any discussion item requested by two or more Board members as soon as
practical
• Be published in advance as far as is possible.
• Contain public communication received since the last Board meeting.
The Board meets at least once each month and publishes a meeting Schedule at least
six months in advance. Meeting times and dates of Office Hours are published in the
meeting Schedule. The office hours, open to the general public, are offered at least once
each month. Board members rotate turns with Office Hours and make a report to the full
Board during Liaison reports as needed.
Some Board meetings may consider only a single agenda item. However typical Board
meetings will have the following agenda items:
• Proclamations / Certificates of Appreciation
• Reports and Comments (including Board Liaison Reports and Comments, Town
Manager’s Report, and Public Comment)
• Open session for topics not reasonably anticipated 48 hours in advance of the
meeting
• Approval of Previous Meeting Minutes
• Personnel and Appointments
• Discussion / Action Items
• Licenses, Permits, and Approvals
• Preview of the Next Meeting’s Agenda
• Executive Session
b) Meetings
Regularly scheduled meetings of the Board shall be limited by having discussion limited
to agenda items taken up or tabled prior to 11:00 p.m. [This sentence is unclear. Does it
8
mean that all discussion is limited to agenda items and that discussion on an agenda
item must start prior to 11:00 or does it mean that discussion of agenda items must start
prior to 11:00? There are times when the Board discussion items not on the agenda if
they are not foreseen 48 hours in advance of our meeting. Does the Board want the
manual to state this policy verbatim, simply state that discussion on an agenda item
cannot start after 11:00, or some other option?] All remaining items will be deferred to a
subsequent meeting. In order to facilitate the above policy efficiently, the Chair shall
request staff to prepare motions for Board action in advance, limit the time of speakers
from the floor especially during public hearings, call for votes on major issues or policy
changes prior to 11:00 p.m. or defer final votes to subsequent meetings.
[I have left out Policy details on Deferred Agenda Items, Public Comment, and Executive
Sessions. I can include some or all of these details as the Board wishes]
Policy provides eleven rules that shall be observed during Board meetings. The most
basic of these rules are presented below:
• All articles on the Board agenda shall be taken up in the order of their arrangement
in the agenda unless otherwise decided by a majority vote of the members.
• Every Board member shall respectfully address the Chair, shall not speak until
recognized by the Chair, shall speak to the question under debate and shall avoid
making disparaging comments about individuals.
• No speaker at a Board Meeting shall be interrupted, except by a Member making a
point of order, or by the Chair.
• A procedural ruling of the Chair may be overturned by a majority vote of the Board.
• All Board votes shall be taken by a show of hands, or roll call vote, the results of
which shall be recorded in the minutes.
• Most Board actions are based on motions that are voted upon by the Board,
although not all motions make it to a vote. In order to understand how motions are
handled, it is critical that you read and understand Rules 9, 10 and 11 under
subsection 1.2.7 (Conduct of Board Meetings). In brief, motions must be seconded
followed by discussion by the Board. The original motion may be amended, more
than once is necessary. After discussion has ended, the motion (amended or in its
original state) is then voted on by the Board.
• A meeting ends when a majority of members vote for a motion to adjourn. Except
when balloting for offices and when votes are being taken [Does this refer to a Board
Reorganization or something else?], motions to adjourn shall always be first in order.
Motions to adjourn are not subject to debate.
3.3 Code of Conduct
A Code of Conduct is presented in Article 2 of the Select Board Policies. Each member of the
Board, as well as every Board or Committee (B/C) member appointed by the Select Board, is
expected to comply with the following Code of Conduct.
a) Responsibilities
• A member’s function is to follow the mission statement of the B/C.
• A member is one of a team and, without restricting any rights of free expression,
each member should abide by all decisions of the B/C once they are made.
• A member should be well informed concerning the duties and responsibilities of the
B/C.
• A member shall perform all actions specified by the Charter, Town Bylaws, or B/C
policy.
• The role of a member is to engage in unselfish service to the community.
9
b) Laws and Regulations Governing Action
• A member shall abide by the ethics guidelines established by the State, including all
applicable state statutes, the Charter, Town Bylaw requirements, and all applicable
policies established by the Select Board,
c) Decision Making
• Members should request assistance from Town staff or consultants only through the
staff person assigned to the B/C. If no staff person is assigned, the member should
consult the Town Manager. Any request for assistance must copy the Town
Manager. The request should not be onerous and the staff member has the right to
defer action to the Town Manager. It should be made clear staff are not managed by
or report to the Select Board.
• A member should not make statements or promises about future votes on matters
that will come before the B/C until there has been an opportunity to hear the merits of
the issue during a public meeting of the B/C.
• A member should make decisions only after the relevant facts on a question have
been presented and discussed in a public meeting.
• A member should refrain from communicating the position of the B/C (as opposed to
the member’s personal position) to reporters or state officials unless the full B/C has
previously agreed on both the position and the language of the relevant
communication.
d) Treatment of Public, Staff, and Other Members
• B/C members, all applicants who come before the B/C and all staff and consultants
working with the B/C are entitled to be treated with respect, despite differences of
opinion.
• Appointed B/C members who do not attend B/C meetings on a regular basis should
consider resignation.
e) Enforcement
If a B/C member’s conduct is inconsistent with this Code of Conduct, the Select Board
may determine whether action needs to be taken. Action may include:
• A discussion with the Chair of the B/C and the Select Board liaison(s) to try to
address the conduct;
• Consideration by the Select Board relative to reappointment when that consideration
comes before the Select Board;
• Removal of the B/C member from office by the Select Board, pursuant to Sec. 8.12
of the Charter.
If a Select Board member’s conduct is inconsistent with this code of conduct, the Chair of the
Select Board will discuss the conduct with the member. If the member continues with the
conduct in question, the Select Board may reproach the member.
4.0 Open Meeting Law and Ethics Law
Mandatory Training Requirements for Open Meeting and Conflict Interest Laws
All Board members must complete the following by end of September of each even year. Any
new Board members must complete the following within 30 days of appointment.
10
• Receive a copy of the Open Meeting Law Guidelines if involved with a Board,
Committee, Commission and Council
• Receive a copy of the Summary of the Conflict of Interest Law for Municipal Employees
and Volunteers
• Complete the Online Training Program for the Conflict of Interest Law and provide a
copy of the Completion Certificate to the Town Clerk
An electronic form is provided on the Town Clerk’s website that you must use in order to show
compliance with the above requirements.
4.1 Open Meeting Law
The purpose of the Open Meeting Law is to ensure transparency in the deliberations on which
public policy is based. Upon your election to the Board, see the Town Clerk to learn how to
meet the following Open Meeting Law requirement:
“Within two weeks of a your election or appointment or the taking of the oath of office,
whichever occurs later, you must complete the a Certificate of Receipt of Open Meeting
Law Materials certifying that you have received these materials, and that you understand
the requirements of the Open Meeting Law and the consequences of violating it.”
A reliable source on Open Meeting Law is the “Open Meeting Law Guide” (the Guide). The
Guide was published Office of the Attorney General and is dated October 6, 2017. While you
need to read this Guide, certain statements and sections are of particular use for Board
members.
When does Open Meeting Law not apply to the Board?
For the Board, there are three exceptions to the definition of a meeting under the Open Meeting
Law.
1. Members may conduct an on-site inspection of a project or program; however, they may not
deliberate at such gatherings;
2. Members may attend a conference, training program or event; however, they may not
deliberate at such gatherings;
3. Members may attend a meeting of another public body provided that they communicate only
by open participation; however, they may not deliberate at such gatherings;
When does Open Meeting Law apply to the Board?
With certain exceptions, all meetings of a public body must be open to the public. A meeting is
generally defined as “a deliberation by a public body with respect to any matter within the body’s
jurisdiction.” These four questions will help determine whether a communication constitutes a
meeting subject to the law:
1) is the communication between or among members of a public body;
2) if so, does the communication constitute a deliberation;
3) does the communication involve a matter within the body’s jurisdiction; and
4) if so, does the communication fall within an exception listed in the law?
What constitutes a deliberation?
11
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 procedural
information, or reports or documents that may be discussed at a meeting is often helpful to
public body members when preparing for upcoming meetings. These types of communications
generally will not constitute deliberation, provided that, when these materials are distributed, no
member of the public body expresses an opinion on matters within the body’s jurisdiction.
To be a deliberation, the communication must involve a quorum of the public body. A quorum is
usually a simple majority of the members of a public body. Thus, a communication among less
than a quorum of the members of a public body will not be a deliberation, unless there are
multiple communications among the members of the public body that together constitute
communication among a quorum of members. Courts have held that the Open Meeting Law
applies when members of a public body communicate in a serial manner in order to evade the
application of the law.
Note that the expression of an opinion on matters within the body’s jurisdiction to a quorum of a
public body is a deliberation, even if no other public body member responds. For example, if a
member of a public body sends an email to a quorum of a public body expressing her opinion
on a matter that could come before that body, this communication violates the law even if none
of the recipients responds.
Notification of Board Meetings
Except in cases of emergency, the Board must provide the public with notice of its meeting 48
hours in advance, excluding Saturdays, Sundays, and legal holidays. Notice of emergency
meetings must be posted as soon as reasonably possible prior to the meeting.
If a discussion topic is proposed after a meeting notice is posted, and it was not reasonably
anticipated by the chair more than 48 hours before the meeting, the public body should update
its posting to provide the public with as much notice as possible of what subjects will be
discussed during the meeting. Although a public body may consider a topic that was not listed in
the meeting notice if it was not anticipated, the Attorney General strongly encourages public
bodies to postpone discussion and action on topics that are controversial or may be of particular
interest to the public if the topic was not listed in the meeting notice.
Executive Session
While all meetings of public bodies must be open to the public, certain topics may be discussed
in executive, or closed, session. Before going into an executive session, the chair of the public
body must first:
• 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; and
• Take a roll call vote of the body to enter executive session.
While in executive session, the public body must keep accurate records, all votes taken must be
recorded by roll call, and the public body may only discuss matters for which the executive
session was called.
12
The Ten Purposes for Executive Session
The ten purposes for which a public body may vote to hold an executive session are:
1. To discuss the reputation, character, physical condition or mental health, rather than
professional competence, of an individual, or to discuss the discipline or dismissal of, or
complaints or charges brought against, a public officer, employee, staff member or
individual. The individual to be discussed in such executive session shall be notified in
writing by the public body at least 48 hours prior to the proposed executive session;
provided, however, that notification may be waived upon written agreement of the
parties.
2. To conduct strategy sessions in preparation for negotiations with nonunion personnel or
to conduct collective bargaining sessions or contract negotiations with nonunion
personnel.
3. To discuss strategy with respect to collective bargaining or litigation if an open meeting
may have a detrimental effect on the bargaining or litigating position of the public body
and the chair so declares.
4. To discuss the deployment of security personnel or devices, or strategies with respect
thereto.
5. To investigate charges of criminal misconduct or to consider the filing of criminal
complaints.
6. To consider the purchase, exchange, lease or value of real property if the chair declares
that an open meeting may have a detrimental effect on the negotiating position of the
public body.
7. To comply with, or act under the authority of, any general or special law or federal grant-
in-aid requirements.
8. To consider or interview applicants for employment or appointment by a preliminary
screening committee if the chair declares that an open meeting will have a detrimental
effect in obtaining qualified applicants; provided, however, that this clause shall not apply
to any meeting, including meetings of a preliminary screening committee, to consider
and interview applicants who have passed a prior preliminary screening.
9. To meet or confer with a mediator, as defined in section 23C of chapter 233, with
respect to any litigation or decision on any public business within its jurisdiction involving
another party, group or entity.
10. To discuss trade secrets or confidential, competitively-sensitive or other proprietary
information.
Additional information is provided on each of the ten purposes for entering executive session.
Prior to entering into executive session, it is strongly recommended that you become familiar
with this additional information.
4.2 Conflict of Interest Law
The conflict of interest law seeks to prevent conflicts between private interests and public duties,
foster integrity in public service, and promote the public's trust and confidence in that service by
placing restrictions on what municipal employees may do on the job, after hours, and after
leaving public service. A Summary of the Conflict of Interest Law for Municipal Employees is
offered by the State Ethics Commission and is available on the State’s website.