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

Mon May 18 16:16:19 EDT 2015

Hi Marcia,

When using this listserv, I have regularly used the term "Lenox Historical
Commission Volunteer".

I am not a regular member or an alternate member of the commission.  Over
seven of the last eight years I have contributed hundreds of hours helping
the Lenox Historical Commission doing various tasks associated with many of
their significant projects.

I'm afraid I don't know if a formal definition of "volunteer" exists within
mgl 40c or MHC regulations.  I have never considered members of the public
that attend meetings and ask questions at hearings to be volunteers of the
board/commission conducting the hearing.

I have always added "volunteer" after Lenox Historical Commission to avoid
giving the impression I am a member.

Jim Biancolo
Lenox Historical Commission Volunteer

On Mon, May 18, 2015 at 2:19 PM, Marcia Starkey <mdstarkey at crocker.com>
wrote:

> Hello,
>
>
>
> Recently someone used the term “Historical Commission Volunteer”.  Could
> that be refined further?  Is anyone, if unpaid, a “volunteer” or does it
> mean acting under his choice as opposed to an appointed or alternate member
> ?  Is anyone attending a meeting i.e. the public
>
> participating or asking a question a volunteer in some instances? Or is it
> unspoken custom? Or is it anyone who is unpaid?
>
>
>
> Marcia Starkey
>
>
>
>
>
>
>
> *From:* masshistpres-bounces at cs.umb.edu [mailto:
> masshistpres-bounces at cs.umb.edu] *On Behalf Of *Jim Biancolo
> *Sent:* Wednesday, May 13, 2015 7:40 PM
> *To:* Tad Heuer
> *Cc:* MA Historic Preservation
> *Subject:* Re: [MassHistPres] Clarification about alternate members of
> Historical Commissions (Ipswich Historical Commission)
>
>
>
> Thanks Tad!
>
>
>
> In Lenox, our Historic District Commission struggles to get a quorum and
> many times rely on our only alternate.
>
>
>
> I do appreciate the interpretation that the intent is to strive to have as
> many commissioners as possible present.  It gives applicants a more diverse
> commission in attendance.  With a membership of 5, hearings with just a
> quorum (3) require all 3 to approve which I feel puts the applicant at a
> disadvantage.
>
>
>
> Jim
>
>
>
> On Wed, May 13, 2015 at 4:33 PM, Tad Heuer <tadheuer at gmail.com> wrote:
>
> Jim -
>
>
>
> Good observation - I should clarify that the "as close as possible" notion
> reflects (at least in Wellesley) a purely practical limitation, not a legal
> one, since we have only two alternate members.
>
>
>
> So if there were three principal members absent from a meeting (leaving
> four principal members present), even designating all (two) available
> alternates to sit would only get us up to six sitting members for that
> meeting - that's as close as we could get to seven.  But ideally, we would
> designate three alternate members in that situation so as to get us up to
> seven.
>
>
>
> Best,
>
> Tad
>
>
>
> On Wed, May 13, 2015 at 3:58 PM, Jim Biancolo <lenoxprojects at gmail.com>
> wrote:
>
> I assume it is still acceptable to just have a quorum?
>
>
>
> To me a "shall" that means "as close as possible" is not a "shall" at
> all.  It's a goal.
>
>
>
> But I am not a lawyer.  My guess is that most commissions use the amended
> 8D to try to obtain a quorum not to maximize attendance.  If the
> requirement is to maximize attendance then I suggest someone in authority
> communicate this to all HC's.
>
>
>
> Jim Biancolo
>
> Lenox Historical Commission Volunteer
>
>
>
> On Wed, 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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