[MassHistPres] Appointing Body question

[Dennis De Witt]

Alisa

Agreed, there seems no such provision in MGL 40c.  I don’t much know about Town Charters, as Brookline pre-dates them.  But presumably the only other statutory source for additional guidance would be your LHD bylaw.  

40c does have a provision in section four for the nomination of commission members by certain outside organizations (not by the commission itself), which It’s my impression often (mostly?) does not happen.  With or without that, appointment is solely the purview of the Select Board.  I'd have thought any HDC vote legally constituted only a “recommendation" not an “approval” — nor, I suspect, could an HDC negative vote prevent or veto an appointment. 

You should consult with your Town Counsel — a commission appointing its own members seems highly unlikely and might put its actions in doubt.  Also, as you will know, commissioners serve past the end of their terms, until reappointed or replaced or they are no longer willing or able to serve.

Dennis De Witt
Brookline


> On Oct 5, 2021, at 2:03 PM, Alisa Struthers <alisa_55 at verizon.net> wrote:
> 
> Hi All,
> Here is the scenario I seek some further information about.
> A vacancy is posted for a position on the Historic District Commission
> After 10 days the voluntary response form is submitted to Town Clerk and BOS from a resident seeking the position
> The HDC meets and by majority vote approves said resident for appointment
> Sends a signed (majority) letter to the BOS stating our meeting and approval of said resident
> BOS places the appointment on their meeting agenda.
> Here's the question,  if the BOS does not appoint our candidate, can we the HDC, appoint our candidate due to the fact that 30 days has passed since the posting of the vacancy with no appointment being made by the BOS?
> Thank you for any answers to this   I cannot see a clear answer within our town charter or  MGL40C for this scenario
> Alisa 
> Townsend HDC
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