Feb 2010 - Selectmen pick Jack Hurd as Interim Town Clerk
1. Why did Rainville pick April 19 as her resignation date?
2. Why did Selectmen chose to make an appointment? There was very little discussion at the Feb 1 2010 BOS meeting. It was the very last item discussed (approx 11 PM). Was it decided before hand? (per Ruderman item at YourArlington)
3. Town Manager Act does not give the BOS authority to appoint a Clerk (per my post to A-List) (IIRC there was a followup to my post by Mahon) ["Election officers" are polling place workers per MGL]
4. Why cant a Clerk be elected on April 10? (President is elected in Nov and inaugurated in Jan - same for Governor)
5. State Law (maybe) and the Town Manager Act do not allow a Selectman (Hurd) to be appointed as Clerk during his 'term' as Selectman. (per post to AList Feb 25 or 26)(see below)
6. See the post to the AList about BOS meeting on Thursday (Feb 25 2010) re Hurd being chosen - possibly the outcome was already decided before the meeting
7. possibly more issues per quinn ? moniak ? posts to Alist feb 25 or 26 ish
8. March 1 ish - Mahon reported on Alist that she informed Town Counsel of issues
9. March 1 - Moniak posts on AList that he filed complaint with State Ethics Commsion against Board of Selectmen
10. http://www.boston.com/yourtown/news/arlington/2010/03/arlington_resident_complains_t.html
11. March 1ish 2010 - LaCourt posts to AList
12. http://www.wickedlocal.com/arlington/breaking/x655499340/Rainville-says-shell-stay-on-as-town-clerk
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Chapter 268A: Section 20. Municipal employees; financial interest incontracts; holding one or more elected positions
This section shall not prohibit an employee or an official of a town from
holding the position of selectman in such town nor in any way prohibit such
employee from performing the duties of or receiving the compensation
provided for such office; provided, however, that such selectman shall not,
except as hereinafter provided, receive compensation for more than one
office or position held in a town, but shall have the right to choose which
compensation he shall receive; provided, further, that no such selectman may
vote or act on any matter which is within the purview of the agency by which
he is employed or over which he has official responsibility; and, provided
further, that no such selectman shall be eligible for appointment to any
such additional position while he is still a member of the board of
selectmen or for six months thereafter. Any violation of the provisions of
this paragraph which has substantially influenced the action taken by any
municipal agency in any matter shall be grounds for avoiding, rescinding or
cancelling the action on such terms as the interest of the municipality and
innocent third parties may require.
(Note - provided further, that no such selectman shall be eligible for appointment
to any such additional position while he is still a member of the board of
selectmen or for six months thereafter.)
[I think that 268A 20 might apply specifically to town employees or officials who are
serving as Selectmen - I suppose you might say that Hurd is a Town "official" because
he is a Selectmen - but that is circular logic - to me anyhow - Peter Sz]
From the Town Manager Act:
"SECTION 9. Multiple Officers. -A member of the Board of Selectmen, or
of the school committee, or of the finance committee shall, during the
term for which he was elected or appointed, be ineligible either by
election or appointment to hold any other town office, except the office
of town meeting member and except membership on a committee, board or
commission when participation of such member is required by Town Bylaw
or by a vote of the Town Meeting. Any person appointed by the Town
Manager to any town office under the provisions of this act or of any
general or special law shall be eligible during the term of said office
to appointment to any other town office, except that the town accountant
shall not be eligible to hold the position of town treasurer and
collector. The Town Manager may, subject to any applicable provision of
the General Laws, relating thereto, and subject to the approval of the
Board of Selectmen, assume the duties of any office which he is
authorized to fill by appointment."
(Note - "A member of the Board of Selectmen......shall, during the term for
which he was elected or appointed, be ineligible....to hold any other
town office, except the office of town meeting member and except
membership on a committee.......")