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Chapter 6.3 Conservation Commission Rules and Regulations
THE HOLDEN CONSERVATION COMMISSION

Rules and Regulations
Adopted June 17, 1980
Amended November 2, 1992

Table of Contents


ARTICLE 1.       NAME AND PURPOSE                                                       


Sec. 1.1
Name
Page 2
1.2
Purpose
2

ARTICLE 2.      MEMBERS


Sec. 2.1
Number of Members
Page 2
2.2
Duties
2
2.3
Appointment
3
2.4
Qualifications
3
2.5
Term of Appointment
3
2.6
Compensation
3
2.7
Vacancies
3
2.8
Removal and Suspension of Members
3
2.9
Conflict of Interest
3

ARTICLE 3.      OFFICERS


Sec. 3.1
Election and Term of Office
Page 3
3.2
Duties of the Chairman
4
3.3
Duties of the Vice Chairman
4
3.4
Duties of the Secretary
4
3.5
Compensation
4
3.6
Removal
4

ARTICLE 4.      MEETINGS


Sec. 4.1
Regular Meetings
4
4.2
Quorum
5
4.3
Hearings
5
4.4
Rules
5

ARTICLE 5.      SUB-COMMITTEES


Sec. 5.1
Creation and Purpose
5

ARTICLE 6.      AMENDMENT OF RULES AND REGULATIONS


Sec. 6.1
Amendment
5

ARTICLE 1.      NAME AND PURPOSE

Section 1.1     Name

The name of this organization shall be the Holden Conservation Commission, herein called the Commission.

Section 1.2     Purpose

The purpose of the Commission is to promote and conserve the natural resources and to protect the watershed resources of Holden, as provided under Massachusetts General Law, Chapter 40, Section 8c as amended, and also to uphold the provisions of Massachusetts General Law, Chapter 131, Section 40. The Commission will cooperate with the elected and appointed Boards and Commissions of Holden, and with the State and Federal agencies with regard to natural resource regulations and other regulations imposed by law, and shall perform other duties as may be imposed by law.

ARTICLE 2.      MEMBERS

Section 2.1     Number of Members

A full Board shall be seven (7) members.

Section 2.2     Duties

The members of the Commission shall perform the duties and responsibilities as set forth in Massachusetts General Law, Chapter 40, Section 8c, as amended; the Massachusetts Conservation Handbook; and these Rules and Regulations.

Members who will be unable to attend a meeting of the Commission shall notify the Chairman or the Secretary.

Members shall make every effort to attend all meetings, make site walks prior to meetings, follow-up on projects under construction, and perform all duties assigned by the Chairman.

Failure to attend 50% of the meetings or perform other duties set forth in these Rules and Regulations may be cause for dismissal.

Section 2.3     Appointment

Appointment to the Commission shall be made by the Town Manager and approved by the Board of Selectmen on the recommendation of the Chairman.

Section 2.4     Qualifications

Members shall be the age of majority in the state.

Section 2.5     Term of Appointment

Terms shall be three years in accordance with the Town Manager Charter and the General Laws of Massachusetts.

Section 2.6     Compensation

Members shall serve without compensation. Reimbursement of expenses incurred in the performance of their duties may be allowed.

Section 2.7     Vacancies

Any vacancy in the Commission shall be filled in such a manner that the composition of the Commission is consistent with the requirements in Section 2.3 and 2.4. Each successor shall hold office until he or she resigns, is removed or becomes disqualified.

Section 2.8     Removal and Suspension of Members

A member may be removed or suspended with cause by a two-thirds (2/3) vote of the Commission, only after reasonable notice and an opportunity to be heard.

Section 2.9     Conflict of Interest

All members shall conduct themselves appropriately in accordance with Massachusetts General Law Chapter 268A.

ARTICLE 3.      OFFICERS

Section 3.1     Election and Term of Office

The officers of the Commission shall be elected by the members from the membership. Elections shall be decided by a majority of those present and voting.

Section 3.2     Duties of the Chairman

The Chairman shall, in addition to the duties imposed by law, preside at all meetings of the Commission at which he/she is present, and direct the work of the Commission. This person shall appoint members to sub-committees and designate the chairman of same as provided for under Article 5, and shall direct the calling of meetings of the Commission.

Section 3.3     Duties of the Vice Chairman

The Vice-Chairman shall preside at all meetings of the Commission in the absence of the Chairman, and shall perform all duties and shall have all powers of the Chairman in case of absence or incapacity of the Chairman.

Section 3.4     Duties of the Secretary

The Secretary, subject to the direction of the Commission and its Chairman, shall supervise all the clerical work of the Commission including: all applications for compliance with the rules of the Commission, keep dockets and minutes of the Commission's proceedings, compile all required records, maintain files and indexes, and check attendance. Should the Chairman and Vice-Chairman be absent, the Secretary shall preside during the meeting. The Commission may hire a recording secretary to carry out some of the aforementioned duties, subject to the Commission and its Chairman.

Section 3.5     Compensation

Compensation may be allowed for services rendered.

Section 3.6     Removal

Any officer may be removed from office with cause by a two-thirds (2/3) vote of the Commission.

ARTICLE 4.      MEETINGS

Section 4.1     Regular Meetings

The Commission shall conduct regular meetings every month, except when a quorum, as defined in Section 4.2, is not present, or when no business has been presented for action. Notice of meetings will be given by the Chairman and shall comply with the provisions of Massachusetts General Law, Chapter 39, Section 23 a-c. Additional meetings may be scheduled by a majority vote of the Commission.

Section 4.2     Quorum

A majority of the members of the Commission shall constitute a quorum; in the event that a vacancy causes the board to equal an even number, half that number shall constitute a quorum and shall be sufficient to conduct the business of the Commission unless otherwise specified by statute. No business shall be conducted without a quorum present unless it is a motion by the Chair to adjourn.

Section 4.3     Hearings

When the Commission is required by law to conduct a public hearing, a quorum of members must be present. The Commission is required to conduct a public hearing on any properly executed Notice of Intent filed under the provisions of the Wetlands Protection Act, Massachusetts General Law, Chapter 131, Section 40 and Chapter 6.1 of the Town of Holden Department Reference Manual. The hearing must be held within twenty-one (21) days of receipt of such notice. A majority of the Commission must sign the Order of Conditions issued.

A record of a hearing shall be kept, which shall include a record of attendance, speakers, the context of testimony given, and a record of any vote taken. Minutes of the meeting and the Notice of Intent shall become part of the record.

Section 4.4     Rules

Roberts' Rules of Order, or procedures set by the board from time to time, shall govern meeting procedure.

ARTICLE 5.      SUB-COMMITTEES

Section 5.1      Creation and Purpose

Sub-committees may be created by a vote of the Commission as such sub-committees may be needed. These committees shall be responsible for planning within their specific area of concern and for reporting the results of this planning to the Commission. They shall act in the name of the Commission only when voted to do so by the Commission.

ARTICLE 6.      AMENDMENT OF RULES AND REGULATIONS

Section 6.1     Amendment

These Rules and Regulations may be amended at any regular meeting of the Commission by a two-thirds (2/3) vote of the total Commission, provided a written notice of intent to amend is sent to each member of the Commission at least seven (7) days prior to the meeting at which the proposed action is to be taken.


 
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