There shall be a Select Board consisting of five members elected for three-year terms, so arranged that as nearly an equal number of terms as possible shall expire each year.
[HISTORY: Adopted by the Town Meeting of the Town of Rockport 3-22-1997 (Ch. 3, Sec. 4; Ch. 6, Secs. 1, 2, and 4 to 7; of the 1997 Code of By-laws). Amendments noted where applicable.]
[Amended 9-8-2025 FTM by Art. G]
The executive powers of the Town shall be vested in the Select Board. The Select Board shall have all of the powers and duties given to select boards under the Constitution and General Laws of the Commonwealth, and such additional powers and duties as may be authorized by the Charter, by-law, or other Town Meeting vote. The Select Board shall cause the laws and orders of the government of the Town to be enforced and a record of all its official acts to be kept.
[Amended 4-1-2023 ATM; 9-8-2025 FTM by Art. G]
The Select Board shall appoint the Zoning Board of Appeals, Collector and Treasurer, Veterans' Agent, Sealer of Weights and Measures, Inspector of Animals, Animal Control Officer, Officers and Registrars of Voters other than a Town Clerk, Director of Emergency Management, Election officers, Forest Warden, Building Inspector, Town Accountant, Finance Committee, Town Attorney, members of the Town Police Department, Fire Engineers, members of the Board of Health, a Board of Commissioners of Public Works, Town Administrator, and members of all appointed multiple-member bodies for whom no other method of selection is provided by the Charter, by-law, general or specific law, except persons serving under other elected Town officers and officials appointed by state officers. Residents may serve on any number of multiple-member bodies.
The Select Board shall be the licensing board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses.
[Amended 3-24-2001; 4-5-2003 ATM; 4-3-2004 ATM; 9-8-2025 FTM by Art. G]
In addition to those powers and duties given by the Charter or the by-laws, the Select Board shall have the following powers and duties:[1]
A.
The Select Board shall have the authority to authorize the sale or disposal of any property or material within the possession or control of any Town agency that has become obsolete or is not required for further use by the Town agency and shall have the sole authority to authorize, in writing, the sale or other disposal of any such property having a value of more than $500 and not exceeding $1,000 in value.
B.
License issuance and revocation.
(1)
The Select Board shall have the authority and duty, consistent with other by-laws, to issue and revoke licenses to specific persons to engage in the activities set forth below. Such licenses may specify the terms and conditions under which such activities may be conducted. Such activities include, but are not limited to:
(a)
The purchasing, selling or bartering of junk, old metals or second and articles within the Town;
(b)
The setting up, using or driving of "hackney carriages," defined as every vehicle used, driven or set up to be used for the conveyance of persons for hire, except that it shall not include railroad cars, ambulances, trackless trolley vehicles operating in the same manner and for purpose stated in MGL c. 163, § 2, motor vehicles operated in the same manner and for the purpose stated in MGL c. 159A, § 1, or sightseeing automobiles as defined in Chapter 592, § 1, of the Acts of 1913 (https://archives.lib.state.ma.us/handle/2452/ 78926), for the conveyance of persons for hire from place to place within the Town to places outside the Town;
(c)
The discharging, exploding, setting off (or causing any of the foregoing) fireworks within the Town;
(d)
The setting up, operating or carrying on of any self-service laundry or self-service dry-cleaning establishment;
(e)
The setting up, operating or carrying on of any business as a transient vendor as defined in MGL c. 101 § 1;
(f)
The hawking or peddling of any magazines, publications, books, magazine or book subscriptions;
(g)
Setting up, operating or carrying on of any business for which a license is required by statute to be issued or which may be issued by the licensing authority of the Town; and
(h)
Setting up, operating of, carrying on of a livery boat service.
(2)
Every license so granted shall expire on the first day of May next after the date thereof. No license shall become effective until the licensee has paid to the Town Treasurer the appropriate fee. No license may be sold, assigned, or transferred without the consent of the Select Board endorsed thereon.
C.
The Select Board shall have the authority and duty, consistent with other laws, to issue and revoke permits to specific persons to engage in the activities set forth below. Said permits may specify the terms and conditions under which such activities may be conducted. Such activities include but are not limited to:
D.
The Select Board, unless otherwise provided by law, may establish and promulgate fees to be charged:
(1)
For licenses or permits issued by it, by Town agencies, committees and boards for permits or other services rendered by said agencies, committees and boards unless fees or conditions have been established by law or otherwise; and
(2)
For beach parking, resident parking, and transfer station stickers issued by Town agencies.
E.
The Select Board shall supervise and be responsible for the efficient administration of all function under its control, as may be authorized by the Charter, by-law, or by other Town Meeting vote, including all officers appointed by it and their respective departments.
F.
The Select Board shall appoint, and may remove, subject to the Civil Service Law, MGL c. 31, where applicable, all department heads, all officers and all subordinates and employees for whom no other method of appointment is provided in the Charter, except persons serving under other elected agencies and appointments made by representatives of the Commonwealth.
G.
The Select Board shall supervise and be responsible for the administration of all personnel policies, practices and related matters for all municipal employees as established by Classification and Compensation Plan, by-law and all collective bargaining agreements entered into by the Select Board of behalf of the Town.
H.
The Select Board shall fix the compensation of all Town officers and employees appointed by it within the limits established by appropriations and the Classification and Compensation Plan adopted by the Town Meeting.
I.
The Select Board shall see that all of the provisions of the General Laws, the Charter, the by-laws and other Town Meeting votes that require enforcement by it, or officers and employees subject to its discretion and supervision, are faithfully carried out.
J.
The Select Board shall prepare and submit a proposed annual operating budget and a proposed capital budget as provided in Chapter 19.
K.
The Select Board shall assure that a full and complete record of the financial and administrative activities of the Town is kept and shall render a full report to the Town Meeting at the end of each fiscal year and such other times as the Town Meeting may require.
L.
The Select Board shall have full jurisdiction over the rental and use of all Town facilities, except schools and properties designated by the Charter or by-law or other Town Meeting vote. It shall be responsible for the maintenance and repair of all Town property placed under its control by the Charter, by-law or by other Town Meeting vote.
M.
The Select Board may at any time inquire into the conduct of office of any officer, employee or department under its control.
N.
The Select Board shall keep a full and complete inventory of all property of the Town, both real and personal.
O.
The Select Board shall be responsible for the negotiation of all contracts involving any subject within its jurisdiction.
P.
The Select Board shall be responsible for purchasing all supplies, materials and equipment, and shall award all contracts for all departments and activities of the Town. It shall examine and inspect or cause to be examined or inspected the quality, quantity and condition of materials, supplies or equipment delivered to or received by any Town Agency. It may examine services performed for any Town Agency secured through the purchasing procedure.
Q.
The Select Board shall prepare a table or organization establishing personnel requirements within the Town Agencies created by by-law or Charter.
R.
The Board shall perform any other duties required of it by the Charter, by-law, or other Town Meeting vote.
S.
The Select Board shall establish emergency calling numbers for various departments of the Town and shall indicate which calling numbers shall be used by automatic or mechanical calling or signal devices and which numbers shall be restricted to individual or personal use. Any person who intends to install an automatic or mechanical calling or signaling device that is designed to call or use a Town of Rockport administrative calling number shall notify the Chief of Police.
T.
The Select Board is authorized to accept gifts of land and easements on behalf of the Town without a Town Meeting vote, provided no appropriation of funds is necessary for the acquisition.
U.
The Select Board shall have the authority to apply for and expend state and federal grants that require Town appropriation, subject to Town approval of the expenditure of those funds.
[1]
Editor's Note: Original Ch. 3, Sec. 4e(8) of the 1997 Code of By-laws, regarding the Select Board's position as agent of the Town for claims, actions and proceedings, which immediately followed, was repealed 9-8-2025 FTM by Art. G.
[Amended 4-1-2023 ATM; 9-8-2025 FTM by Art. G]
A.
Appointment of specific Town officers and committees. The Select Board shall appoint the following Town officers and committees:
(1)
Board of Commissioners of Public Works.
(2)
Veterans' Agent.
(3)
Inspector of Animals.
(4)
Director of Emergency Management.
(5)
Forest Fire Warden.
(6)
Town Accountant.
(7)
Finance Committee.
(8)
Members of the Police Department.
(9)
Board of Health.
(10)
Insurance Committee.
(11)
Council on Aging.
(12)
Zoning Board of Appeals.
(13)
Sealer of Weights and Measures.
(14)
Officers and Registrars of Voters.
(15)
Election officers.
(16)
Inspector of Buildings.
(17)
Town Administrator.
(18)
Town Attorney.
(19)
Fire Engineers.
(20)
Animal Control Officer.
(21)
Town Treasurer and Collector.
B.
Other Town offices and committees. When authorized or directed by law or vote of the Town, the Select Board shall appoint other Town offices and committees.
C.
Term of office. Unless otherwise provided by law or vote of the Town, the term of office for all Town officers and committees shall be one year, or until their successors are appointed and qualified.
D.
Commencement of term. Unless otherwise provided by law or vote of the Town, all terms of office shall commence on July 1 and terminate on the following June 30 or when a successor is appointed and qualified.
E.
Written description. For each Town officer, board, and committee set forth in § 126-6A herein, the Select Board shall:
(1)
Appointed Town officer. Set forth a written position description describing the individual's powers and duties and any other requirements which, in the judgment of the Select Board, would be included in the position description for that Town officer.
(2)
Appointed Boards and Committees. Set forth a written description of the board or committee's charge, including its powers and duties, the scope of its jurisdiction and/or subject matter, and the composition and term of office of its members.
(3)
Board and committee members. Encourage residents to volunteer for committees with no limit on the number of boards and committees on which each resident can serve.
F.
Office hours and meeting times. All officers, boards and committees shall notify the Town Clerk of their office hours or time of stated meetings.
