[MassHistPres] Clarification about alternate members of Historical Commissions (Ipswich Historical Commission)

Wed May 13 15:59:57 EDT 2015

In Brookline the norm also is to appoint as many alternates to vote as are needed to bring the Commission to its full compliment.  

But in addition, all alternates are expected to attend all meetings, to the extent possible, and even if not appointed to fill a vacancy for that meeting they sit at the table and fully take part in discussions.  

Dennis De Witt
Brookline

On May 13, 2015, at 12:35 PM, Tad Heuer <tadheuer at gmail.com> wrote:

> Agree entirely with Gretchen's observation that the "filling of a vacancy" on the Board (or the appointment of an individual as an "alternate member") must still be made by the appointing authority (Town Manager, Selectmen, etc.), while the designation of a duly-appointed alternate to participate in the absence of a principal member is made by the Chair on a meeting-by-meeting basis  
> 
> One minor additional observation is that we have been advised by our town counsel in Wellesley that the word "shall" in the second sentence of the 8D amendment is to be interpreted as mandating that if the number of principal members present falls below the full complement, the Chair is required to designate sufficient alternate(s) to participate as principal members for that meeting, so as to reach (or get as close as possible to) the number of seats that comprises a full complement.
>  
> In other words, the interpretation we have been given is that the 8D amendment is not simply to enable a Board to obtain a quorum, but is drafted to require that the Board have as full a complement available to discuss/vote as is possible at a given meeting.  To illustrate, if on a 7-member board four principal members are absent at a meeting but four alternates are available, we have been advised that the Chair should designate all four alternates to participate, not just the one necessary to assure a quorum.  
>  
> You own town counsel may also be able to advise on this as well, of course.
> 
> Tad Heuer
> Chair, Wellesley Historical Commission
>  
> 
> ------------------------------
> 
> Message: 3
> Date: Tue, 12 May 2015 15:40:28 -0400
> From: "Gretchen Schuler" <ggschuler at verizon.net>
> Subject: Re: [MassHistPres] Clarification about alternate members of
>         Historical      Commissions
> To: "'Ipswich Historical Commission'" <historicipswich at gmail.com>,
>         <masshistpres at cs.umb.edu>, "'John Fiske'" <jfiske39 at gmail.com>
> Message-ID: <009a01d08ceb$803b2f70$80b18e50$@verizon.net>
> Content-Type: text/plain; charset="utf-8"
> 
> I don?t believe that you can fill a vacancy ? that can only be done by Town Manager/ Board of Selectmen, but the Chair of the Historical Commission can ask an alternate to vote in the interim as long as you do not exceed the 5 or 7 member commission that you  adopted in your Historical Commission bylaw.  Generally it is a meeting by meeting decision of the Chair to select an alternate to vote in lieu of someone who is absent or a slot that is vacant as the case may be.
> 
> Gretchen Schuler
> 
> Wayland HDC
> 
> 
> 
> From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Ipswich Historical Commission
> Sent: Tuesday, May 12, 2015 1:35 PM
> To: masshistpres at cs.umb.edu; John Fiske
> Subject: [MassHistPres] Clarification about alternate members of Historical Commissions
> 
> 
> 
> We need clarification of the new law for alternate members on Historical Commissions.
> 
> "Section 8D of chapter 40 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the tenth sentence the following sentences:- Alternate members may be appointed in like manner as provided for in this section not exceeding in number the principal members.  In the case of the absence or inability to act on the part of a principal member, the place of such member shall be taken by an alternate member designated by the chairman."
> 
> We have a vacancy on our Commission. Does the change mean the Chair should appoint an alternate to fill the vacancy until a new person is appointed by our Town Manager, or does it mean that the Chair can only appoint an alternate as a voting member in the absence of a quorum?
> 
> 
> 
> 
> Gordon Harris, Ipswich Historical Commission
> 
> Stories from Ipswich <http://ipswich.wordpress.com>
> Historical Commission site <http://historicipswich.org>
> 
> 
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