Open Meeting Law and Ethics Requirements for Elected & Appointed Town Officials
Open Meeting Law Information
A “quorum” is defined as “a simple majority of the members of the public body, unless otherwise provided in a general or special law, executive order or other authorizing provision.”
it is not considered a “meeting” under the law.
Belmont's boards, committees, commissions require at least half of the committee members, plus one, be present to have a quorum. This is based on the number of seats defined in the charge of the public body, regardless of any vacancies.
The Attorney General recommends that a public body that does not achieve a quorum for a particular meeting consider postponing the meeting until a quorum is present, rather than proceeding with an informal discussion.
The Open Meeting Law prohibits serial communication between or among members of a public body that reach a quorum of members outside of a noticed meeting. Thus, when a sub-quorum discusses a topic, which is then shared with a quorum outside of a meeting, it may be considered improper deliberation. See District Attorney for the Northern District v. School Committee of Wayland, 451 Mass. 561, 570-571 (2009) (“Governmental bodies may not circumvent the requirements of the open meeting law by conducting deliberations via private messages, whether electronically, in person, over the telephone, or in any other form”).
Belmont's Boards, Committees and Commissions
A Committees Handbook was created by the Town Clerk's office describing the appointment process, expectations of committee members and meeting posting procedure, among other things.
To view the Committees Handbook, click here.
Every year in July, seats in the Belmont Boards and Committees are open for appointment by the Select Board or Town Moderator. Typically the term for these seats is three-years; however there may be one year or two year terms due to early resignations. Although volunteers are not compensated, the Select Board places a high value on committee contributions, and recognizes the critical role that committees play in shaping Belmont’s future.
Both the Select Board and the Town Moderator look for Belmont residents with a variety of talents and backgrounds who are willing to make the commitment to serving on a committee. Residents with no past committee service, past committee members, and current committee members interested in re-appointment are all encouraged to apply.
If you are interested in serving on a Belmont board or committee, you can apply online through the Volunteer Opportunities page.
Elected & Appointed Officials
Newly elected or appointed officials must appear in person at the Town Clerk's office to be administered the oath of office (swearing in) and fill out a contact information sheet before participating in any meeting requiring a vote. The Town Clerk suggests that at least one method of contact be publicly accessible in the event a resident needs to contact the board or committee.
The oath of office for newly elected or appointed members of Belmont’s boards, committees and commissions will be administered on the following schedule. No advance notice is required; the oath will be administered to all members who arrive for that time slot. Those taking the oath should have their paperwork with them.
Oaths are available on the following schedule: | |
---|---|
Monday | 8:30 am, 5:30 pm |
Tuesday through Thursday | 8:30 am, 3:30 pm |
Friday | 8:30 am |
Do you solemnly affirm that you will uphold the Constitution of the United States of America, the Constitution of the Commonwealth of Massachusetts and the By-Laws of the Town of Belmont and you will impartially perform the duties of ______to which you have been duly elected/appointed, keeping uppermost in your mind what is best for the Town of Belmont and its inhabitants.
- The Commonwealth of Massachusetts Open Meeting Law covering posting requirements for open meetings, executive session requirements, appropriate conduct and recording requirements for minutes;
- The Ethics (Conflict of Interest) Summary, summarizing how the Ethics laws applies to Municipal Employees; and
- The Public Records Law Guide, explaining the disclosure of public records, exemptions to this law, record retention, etc.
Ethics Requirements for members of Public Bodies
Each year, the Town Clerk's office is required to deliver the Ethics Summary to every employee, elected official, and member of boards, committees and commissions. Every other year the Town employees and volunteers are required to take the State's online Ethics (Conflict of Interest) training. First timers will be required to set up an account, once your account is created, review the ethics training video (about one hour). Once the online training is completed, the Town Clerk's office will be able to review all employees and volunteers for compliance.
(Monday through Friday, 9 AM to 5 PM).
For detailed information regarding the Conflict of Interest Laws, refer to the State Ethics Commission.