[MassHistPres] Posting

[Dennis De Witt]

Jean

It is my understanding that the town must enter into all contracts on  
behalf of the commission.  The commission cannot do so on its own.

In Brookline there is a Friends of the Commission 501c3.  At the time  
it was formed it was understood, I believe, that that was the only  
possibility to raise and hold funds separate from the town's general  
funds.  Our Town Counsel also says that commissioners may not sit on  
its board.

Dennis De Witt
Brookline

On Jul 30, 2009, at 11:24 AM, Jean Derderian wrote:

> Dear Historic Preservationists,
> Our town is currently reviewing the language in MGL Chapter 40  
> Section 8D regarding a local historical commission's rights to enter  
> into contracts, raise and spend donations, etc. What experiences can  
> you share to help us in the interpretation of the law?
>
> http://www.mass.gov/legis/laws/mgl/40-8d.htm  "...The commission may  
> hold hearings, may enter into contracts with individuals,  
> organizations and institutions for services furthering the  
> objectives of the commission’s program; may enter into contracts  
> with local or regional associations for cooperative endeavors  
> furthering the commission’s program; may accept gifts, contributions  
> and bequests of funds from individuals, foundations and from  
> federal, state or other governmental bodies for the purpose of  
> furthering the commission’s program; may make and sign any  
> agreements and may do and perform any and all acts which may be  
> necessary or desirable to carry out the purposes of this section..."
>
> What does the term "program" mean in the law? Can a program include  
> preservation work or preservation planning for an historic building  
> in the care of a local historical commission?
>
> Do local historical commissions have a legal right to enter into  
> contracts?
> May local historical commissions raise and spend donations as they  
> vote to as a body?
> Are such rights subject to the approval of the Selectboard?
>
> Thank you,
> Jean Derderian
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