SRPEDD BY-LAWS
PREAMBLE: These by-laws,
adopted under the provisions of Massachusetts General Laws, Chapter 40B, Sections 9 to 19, define the Rules and Procedures for the
activities of the Southeastern Regional Planning and Economic Development
Commission as the governing body of the Southeastern Regional Planning and
Economic Development District.
DEFINITION: The word
"Commission" where appearing in these by-laws shall be construed to
mean the Southeastern Regional Planning and Economic Development Commission. The word "District" wherever
appearing in these by-laws shall mean a public body politic and corporate
development known as the Southeastern Regional Planning and Economic
Development District.
1.
PURPOSE:
The Southeastern Regional Planning and Economic Development District is
a public body politic and corporate whose purpose shall be to foster economic
growth and alleviate distress within the geographic boundaries of the District,
and in general to perform and execute the powers and duties set forth in
General Laws, Chapter 40B, Section 14. The further purpose of this Commission shall
be to prepare studies and plans designed to promote, with the greatest
efficiency and economy, the coordinated and orderly development and economic
growth of the Region and the general welfare and prosperity of its citizens.
2.
OFFICES, SEAL AND FISCAL YEAR
a.
The Commission shall establish principal
offices within the District boundaries.
b.
The seal of the District shall consist of a
flat-faced die with its name, acronym, engraved on its face.
c.
The Commission's fiscal year shall
terminate on the 30th day of June of each year.
3.
THE COMMISSION, POWERS, MEMBERSHIP, AND
MEETINGS
a.
The Commission shall manage the business
and property of the District and shall have and exercise all powers and duties
of the District except such as are reserved to others by these by-laws, or by
law, and except such as it delegates to others.
b.
Commission Membership: (Members may be added or
excluded as provided by law.)
Acushnet Fall River New
Bedford Seekonk
Attleboro Freetown No.
Attleborough Somerset
Berkley
Lakeville Norton Swansea
Carver Mansfield Plainville Taunton
Dartmouth Marion Raynham Wareham
Dighton Mattapoisett Rehoboth Westport
Fairhaven Middleborough
Rochester
c.
At-Large Commissioners
i
The Commission may be increased by a total
of six members who shall be representative of low-income and minority groups,
and resident within the district area from which appointed. Such Commissioners shall be representatives
of qualified community groups, shall be selected, if such persons are then
available, from persons who have been nominated as provided by district policy,
and appointed annually by the Chairman with the approval of the Executive
Committee. Such Commissioners shall be
At-Large Commissioners.
ii
Minorities shall be those defined by EDA
Directive 7.06 dated 6.1.71, entitled "Minority Representative and
Employment Requirements for Development District Organizations, County and Multi-County
Planning Organizations, and OEDP Committees" and amendments thereto.
iii
Nomination Process- Annually prior to the
annual meeting, or whenever there is a vacancy in the position of At-Large Commissioner
in any district area, the Commission shall notify qualified community groups of
record that the process to nominate a new Commissioner may be initiated by any
qualified community group within that area, by written application to the
SRPEDD Commission. Appointments to fill
vacancies will be for the balance of the unexpired term.
1.
The nomination of an At-Large Commissioner
shall be an open and participatory process conducted by a community group
designated by the Commission, and in compliance with policy guidelines of the
Commission.
2.
For the purpose of this section qualified
community groups shall be organizations, associations, or bodies which are
established on or before July 1 of the previous fiscal year. A community group shall be defined as one of
the following:
3.
A legal non-profit corporation or
association whose members are minority and/or low-income.
4.
The governing body or advisory board of a
public agency whose goals are reflective of the needs of low-income and
minority people and whose participants are minority or low-income people.
d.
Meetings of the Commission
i
Each Commission member shall have sent to
his address of record with the Commission at least seven (7) days advance
written notice of each meeting. The
notice shall state the place, day, hour, and purpose of each meeting. Additional items may be added at a meeting by
affirmative action of 2/3 of those present and voting. The agenda and related material will be sent
at least five (5) days prior to the meeting.
ii
Except as provided otherwise in these
by-laws regular meetings of the Commission shall be held at 7:00 p.m. in the
months of February, April, June, and October at dates and locations designated
by the Chairman with the approval of the Officers.
iii
The annual meeting of the Commission shall
be held prior to the end of the fiscal year.
iv
The October meeting shall be held for the
purpose of determining the assessment upon the cities and towns within the
district for the following fiscal year.
v
Special meetings if the Commission may be called
by the Chairman and shall be called by him upon written application to the
Chairman by a member from each of at least four (4) member communities. In addition, in any special situation which
four of the Officers shall certify in writing as an emergency, special meetings
of the Commission may be called by the Chairman, or any other of the Officers,
on the two days notice. In such special
emergency situations, said notice may consist of verbal contact in person or by
telephone message accepted at the Commissioner's address of record. At such special or emergency meetings only
matter directly connected may be considered or acted upon. Written certification of such emergency signed
by the petitioners or by the Officers shall be read as the call of the meeting
and shall be filed with the Secretary as part of the records and minutes of the
meeting.
e.
Conduct of Meeting
i
Meetings of the Commission and committees
shall be conducted in accordance with Robert's Rules of Order Revised, except
as other wise provided in these by-laws in Section 6e and 6f. One-third of the total number of duty
qualified Commission members of record shall constitute a quorum at a meeting
of the Commission and a majority of a quorum shall be competent to act, except
where otherwise provided by the law or by these by-laws. The quorum shall be determined and announced
at the start of each Commission Meeting.
A roll call vote may be ordered upon the request of six (6) members of
the Commission standing. This does not
preclude the Chairman from calling for such a vote providing there is no
challenge.
ii
A majority vote of a quorum of the
Commission shall be competent to approve, revise or rescind any action of the
Executive Committee.
iii
A quorum of a committee shall be a majority
of the qualified membership.
4.
OFFICERS
a.
The Officers of the Commission who shall be
members thereof shall consist of Chairman, Vice-Chairman, Secretary, Treasurer,
and Assistant Treasurer. The immediate
Past-Chairman shall be an Officer ex-officio.
b.
All Officers, members of the Executive
Committee, or of any committee which regardless of title performs the function
of an Executive Committee, shall be elected annually at the annual meeting of
the Commission, and shall hold such office until their successors are duly qualified.
i
In the event a vacancy occurs prior to the
annual meeting, such vacancy shall be filled by an election held for the
purpose at the next Commission meeting.
The necessity of such election shall be included in the notice for the
meeting.
c.
Chairman - The Chairman shall preside at
all meetings of the Commission and the Executive Committee, and subject to the
control of the Commission he/she shall have general care and direction of the
affairs of the Southeastern Regional Planning and Economic Development
District. He/she shall present to the
membership of the Commission at its annual meeting an accurate and complete
report of the operations of the District for the preceding year. The Chairman, with the approval of the
Commission, shall execute all official documents for and on behalf of the
Commission. The Chairman may designate
the Vice-Chairman or the Assistant Treasurer to perform the duties of Secretary
in the absence or incapacity of the Secretary, with the title of Acting
Secretary.
i
The Chairman shall be a member ex-officio
of all committees except the Advisory Committee, established under Section 13
of Chapter 40B of the General Laws, and the Nominating Committee or such
committee which shall be charged with the duties of making nominations for the
election of Officers and members of the Executive Committee.
d.
Vice-Chairman - The Vice-Chairman shall
carry out all duties assigned to him/her by the Chairman. The Vice-Chairman shall assume the duties and
responsibilities of the Chairman when the Chairman is absent, incapacitated or
otherwise unable to perform the duties of the office. Under such conditions, the Vice-Chairman
shall be designated as the Acting Chairman.
The Vice-Chairman may be designated by the Chairman to perform the
duties of Secretary in the absence or incapacity of the Secretary, with the
title of Acting Secretary.
i
The Chairman may designate the
Vice-Chairman to act in his/her behalf as the chairman of special committees,
and may require the Vice-Chairman to carry out necessary duties including the
appointment of such committees. The
Vice-Chairman shall, if requested by the Chairman, work with and advise the
Executive Director on municipal contracts.
e.
Secretary - The Secretary shall be
custodian of the seal of the Commission and all books and records of the
Commission with the exception of those dealing with fiscal affairs of the
Commission. He/she shall be responsible
for the taking of the minutes of the meetings of the Commission and the
Executive Committee and shall record all votes of said meeting in books to be
kept for said purpose.
f.
Treasurer - The Treasurer shall be
custodian of the funds of the District in such banks or trust companies as the
Executive Committee may designate.
He/she shall keep accurate books of account, which shall always be open
to inspection by any member of the Commission at the office of the Commission
upon giving reasonable notice; and he/she shall present to the membership of
the Commission, at the annual meeting, a report of the financial status of the
district and the activities of the preceding year. The Treasurer shall execute all checks and
drafts in payment for the expenses of the District, upon warrants for such
payment approved by majority vote of the Commission or by majority vote of the
Executive Committee, or by majority vote of the Finance Committee as provided
elsewhere in these by-laws. He/she shall
be given bond for the faithful performance of his/her duties, having such
surety in such sum and upon such conditions as may be determined by the
Executive Committee. Said bond shall
have as surety a surety company authorized to transact business in
Massachusetts, and any expenses incurred thereby shall be borne by the
Commission when required by law.
g.
Assistant Treasurer - The Assistant
Treasurer shall carry out all the duties assigned to him/her by the
Treasurer. The Assistant Treasurer shall
assume duties and responsibilities of the Treasurer when the Treasurer is
absent, incapacitated, or otherwise unable to perform the duties of the
office. The Assistant Treasurer shall be
bonded in the same amount and in the same manner as the Treasurer. The Assistant Treasurer may be designated by
the Chairman to perform the duties of Secretary in the absence or incapacity of
the Secretary, with the title of Acting Secretary.
5.
ADVISORY COMMITTEE (Note: Advisory Committee is inactive)
a.
The Commission shall appoint to the
Advisory Committee, established under Section 13 of said Chapter 40B, the
appropriate number of Commission appointees, and their replacements, as
provided by law. When directed by the
Commission, the Executive Director shall formulate and refer to the Advisory
Committee problems, issues, and policies for its deliberation and advice.
b.
All motions and resolutions recommended for
action to the Commission through former prior action of the Advisory Committee
shall be formally placed on the floor by a motion of two Commission members
designated by the presiding officer, and discussion of the motion shall proceed
with full participation of the Advisory Committee. The Commission may adopt rules and procedures
for the referral of problems, issues and policies for deliberation by the
Advisory Committee.
6.
EXECUTIVE COMMITTEE
a.
For the purpose of providing continuous
direction of the affairs of the District, there shall be constituted an
Executive Committee as provided in Section 15 of Chapter 40B of the General
Laws.
b.
The following powers of the Commission are
delegated to the Executive Committee on a temporary and limited basis only and
shall not be fully effective until approved by separate and specific votes of
the Commission.
i
The adoption of or changes to comprehensive
plans and comprehensive economic development programs and recommendations for
physical, social, and economic improvement of the District.
ii
The power to adopt or to change the work
program and its implementations.
iii
The adoption of temporary committee
policies.
c.
The following powers of the Commission are
retained by the Commission and may not be exercised by the Executive Committee:
i
The power to appoint members and to
consider recommendations of the Advisory Committee.
ii
The power to adopt or change the annual
budget and to determine assessments upon cities and towns within the District.
iii
The power to hire and to remove the Executive
Director.
iv
The authorization of debt in anticipation
of revenue.
v
Approval of changes in District boundaries.
vi
The election of Officers and members of the
Executive Committee.
vii
The adoption of and amendments to the
By-laws.
d.
The Executive Committee shall have the
following composition:
i
The officers of the commission, who shall
serve as the officers of the executive committee;
ii
Four members of the commission who shall be
elected by a majority vote of the commission and who shall be selectmen or
designees of selectmen;
iii
Four members of the commission who shall be
elected by a majority vote of the commission and who shall be representatives
of the planning boards; and
iv
The mayor or city manager or his/her
designee of each city serving as a member of the commission.
v
A member of the Commission, who shall be a
member of a board of selectmen or a designee of a board of selectmen, elected
by the majority vote of the Commission to represent each redevelopment area
within the District not represented on the Executive Committee by a mayor, a
selectman or a designee of a mayor or a board of selectman.
e.
By majority vote, the Executive Committee
may exercise the general powers of the Commission, not specifically reserved by
Chapter 40B of the General Laws, in the name of and on behalf of the
Commission. Such action may include the
approval of warrants for the payment of expenses of the District by the
Treasurer or Assistant Treasurer.
f.
By majority vote, the Executive Committee
may identify approval or disapproval of plans for the development of the
District as actions of the Executive Committee.
Such actions shall be consistent with adopted policies of the
Commission. Upon approval by majority vote
of the Commission, the report of such actions taken by the Executive Committee
shall have the full effect of a Commission vote.
g.
A written report of any and all actions
taken by the Executive Committee shall be mailed to each member of the
Commission.
h.
For the purpose of assisting the Executive
Committee in the consideration of matters brought before the Commission, the
Executive Committee may direct the Chairman to appoint special advisory
committees to review such matters and to make recommendations for Commission
action. Such committees shall include
not less than three Commission members.
i.
The Executive Committee shall meet as
necessary as determined by the Chairman.
An Executive Committee meeting may be convened to conduct business at
any meeting called for the Commission at which there is no quorum of the
Commission present.
7.
EXECUTIVE DIRECTOR
a.
The Executive Director, on behalf of and
with the approval of the Commission, shall employ and appoint all other
employees of the District, including temporary or part-time personnel.
b.
Technical advisory committees as may be
needed to assist the District staff may be appointed by the Executive Director
and shall not be deemed a part of the formal committee structure.
c.
The Executive Director shall be bonded in
the same manner as the Treasurer, in such amount as the Executive Committee
shall require.
8.
AMENDMENT OF THE BY-LAWS
a.
These by-laws may be altered or amended by
a vote of two-thirds (2/3) of those present and voting at a meeting of the
Commission duly called for this purpose, the notice of which contains this
purpose among its agenda.
9.
FINANCE COMMITTEE
a.
There shall be a Finance Committee
consisting of the Treasurer, Assistant Treasurer and three members of the
Commission who shall be appointed by the Commission Chairman, and who shall
serve until their successors are duly qualified.
b.
The Finance Committee shall be responsible
for the implementation of the fiscal policies of the District, and shall be
authorized by vote of the Commission or the Executive Committee.
10.
a.
The Southeastern Massachusetts MPO consists
of thirteen members representing the following:
i
Secretary of the Executive Office of
Transportation and Construction
ii
Commissioner of the Massachusetts Highway
Department
iii
Chairman of Southeastern Regional Planning
and Economic Development District (SRPEDD)
iv
Administrator of the Southeastern Regional
Transit Authority (SRTA)
v
Administrator of the Greater
vi
Mayors of
vii
Members of four Boards of Selectmen in the
SRPEDD Region to be elected by the SRPEDD Commission.
viii
In accordance with the Memorandum of
Understanding (MOU) relating to the comprehensive, continuing and cooperative
transportation planning process, the SRPEDD Commission is authorized to elect
the four representatives of Boards of Selectmen utilizing the procedure
described below.
b.
Term of Office: Two representatives shall be elected each
year for two-year terms. Elections shall
be held annually in the month of May or June.
c.
Solicitation of Nominees: Annually in the month of April, the SRPEDD
Commission shall send notices to the Board of Selectmen and SRPEDD
Commissioners of each of its member towns.
The purpose and role of the MPO and a description of the election
process shall accompany the notice. Each
member of every local Board of Selectmen shall be offered an opportunity to
nominate themselves as a candidate for election to the MPO. Nominations shall be returned to SRPEDD
within four weeks of the date they are distributed.
d.
Election of Selectmen Representatives: Nominations shall be referred to the SRPEDD
Commission for a vote at a regularly scheduled meeting of the Commission in the
month of May or June. All names and
towns of the interested selectmen shall be printed on a paper ballot. Nominees will be invited to attend and speak
at the meeting of the SRPEDD Commission when the vote is taken.
e.
Designees: Members of Boards of Selectmen elected
to the MPO may send a designee, who is directly responsible and accountable to
the Selectmen, to a meeting in their place, but the designee may vote only with written and signed authorization from
the elected MPO member.
f.
Vacancies:
Should a selectmen's position fall vacant between annual elections, any member
town may nominate, and the SRPEDD Commission may elect, a candidate to fill the
vacancy until the following election.