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Title II - Committees and Commissions
ARTICLE 1
THE JOHN J. BILAFER ARLINGTON CITIZENS’ SCHOLARSHIP FUND –
DOLLARS FOR SCHOLARS
(ART. 27, ATM – 05/01/89) (ART. 27, STM – 05/15/95) (ART. 58, ATM – 05/19/97)
(ART. 32, ATM – 05/02/07)
Section 1. Name
The John J. Bilafer Arlington Citizens’ Scholarship Fund, formerly known as the Town of Arlington Scholarship Fund, and herein referred to as the Chapter, a local government tax check-off "Dollars For Scholars" program, is an affiliate of Citizens' Scholarship Foundation of America, Inc. hereinafter referred to as CSFA.Section 2. Purpose
The purpose of the John J Bilafer Arlington Citizens’ Scholarship Fund is to establish and maintain a perpetual trust fund in order to expand the educational opportunities for residents of the Town who have been accepted to pursue education beyond the secondary school level by promoting the scholarship program, maintaining an operational structure, raising funds for student aid distribution and conducting an objective selection process for distributing awards on a fair, equitable and non-discriminatory basis. The Chapter shall operate in accordance with the Bylaws, legal status and procedures of CSFA which are consistent with Chapter 405 of the Acts of 1983 as amended, the General Laws of Massachusetts and the Bylaws of the Town.Section 3. Powers
The Town is empowered to promote and encourage contributions to the scholarship fund and place a check-off box on the tax and other municipal bills. The Chapter can also raise and receive money and other property by gift, devise, subscription, dues and other legal means including the establishment of individual scholarship funds in a name specified by the Donor.The Collector of Taxes of the Town shall, at least as often as monthly, account and turn over to the Town Treasurer monies which have been checked off by the taxpayers as a contribution to the scholarship fund by increasing the amount otherwise due on the tax or other municipal bills.
All monies collected as a result of the voluntary check-off shall be transferred to the Principal of the fund by the Town Treasurer. The Town Treasurer is the custodian of the scholarship fund and shall deposit, disburse and invest the funds as empowered by law.
The Town Treasurer/Tax Collector shall give bond annually for the faithful performance of said duties in a form approved, and in an amount determined by the Commissioner of Revenue; the said Treasurer shall make and submit to CSFA such reports as CSFA may prescribe relative to Chapter finances. The John J. Bilafer Arlington Citizens’ Scholarship Fund shall be audited by an outside auditing firm in conjunction with the audit of the books and records of the Town.
The said scholarship fund including the individual scholarship funds, shall be under the jurisdiction of the Board of Commissioners of trust funds and said Commissioners shall, at least as often as once each year, pay over not less than five percent and not more than seven percent of the market value of said funds as of December 31st of the prior calendar year, said percent to be determined by the Town Treasurer and the Commissioners; and the amount determined to be applied to student aid under the direction and control of the scholarship committee. The Chapter shall be operated solely for charitable purposes. No committee member, officer or employee of the Town shall be entitled to receive compensation from the scholarship fund for services to the Chapter. Annual recertification by CSFA is required for the Chapter Agreement and Charter to remain in effect. In the event that the Chapter Agreement and Charter between the Chapter and CSFA is terminated the John J. Bilafer Arlington Citizens’ Scholarship Fund shall continue to operate in accordance with Chapter 405 of the Acts of 1983 as amended, the General Laws of Massachusetts and the Bylaws of the Town.
Section 4. Scholarship Committee and Officers
(ART. 13, ATM – 05/09/94)The following are permanent members of the scholarship committee as determined by Chapter 405 of the Acts of 1983 and amended by Chapter 256 of the Acts of 1993: the Principal of Arlington High School; the Principal of Arlington Catholic High School; the Superintendent-Director of Minuteman Regional Vocational School District and the Treasurer of the Town. A registered voter of the Town who is interested in education shall be appointed to a three year term as the fifth member of the committee by the Town Moderator.
The committee may elect from among its members a Chairperson, Vice Chairperson, Secretary and such other officers as it may designate for election. The scholarship committee shall make, implement and supervise the policies of the Chapter, and shall elect all officers and fill vacancies as empowered by law. The Chairperson shall be the chief executive officer of the Chapter, shall preside at all meetings of the scholarship committee and shall implement Chapter policy as established by the scholarship committee.
The Secretary shall record and keep minutes of the meetings and shall prepare and transmit to CSFA such reports as may be required by CSFA pursuant to these Bylaws and to annual Chapter recertifications.
The Vice Chairperson and such other officers as the scholarship committee may from time to time designate and elect shall have such powers and shall perform such duties as the scholarship committee may determine.
Section 5. Standing Committees
There shall be an Awards Committee, chaired by a member of the Scholarship Committee, which shall be comprised of not fewer than three members, who need not be Scholarship Committee members.No person shall attend or take part in any meetings of the Awards Committee at which applications for student aid are to be discussed so long as there is pending before that committee an application for student aid from any blood relation of such person or spouse.
Each scholarship applicant shall be a legal resident of the Town and shall complete an application and submit financial and other supporting data which considers character, scholastic record and involvement in community work as well as extra-curricular school activities.
The application process is not considered complete until a financial assistance questionnaire is submitted by the person(s) obligated to pay applicant's educational costs. All scholarship information shall be received and processed with the Office of the Town Treasurer/Collector of Taxes, assigned a number and considered thereafter without reference to name until such time as the Awards Committee has completed its evaluation of each application. All completed applications shall be considered for student aid at a meeting of the Awards Committee called by the Chairperson. The award of student aid is based on merit in accordance with the prescribed evaluation criteria. The Awards Committee shall consider financial need in determining the amount of each award. Whenever possible, there shall be at least one scholarship recipient from each of the segments of the student population represented by the members of the Scholarship Committee. In making awards the Awards Committee shall apply such further rules and standards not inconsistent with the purposes of this Chapter as prescribed in these Bylaws and Charter between this Chapter and CSFA and, subject to such rules and approval of the Scholarship Committee, it shall implement and oversee all policy relative to awards, and shall transmit to CSFA such reports as CSFA may provide relative to award procedures. The Scholarship Committee may from time to time seek to amend these Bylaws by adding other Standing Committees it may determine necessary to the Chapter's operation.
Section 6. Ceremonies and Meetings
A. Scholarship Award Ceremony The Scholarship Committee shall conduct an annual scholarship award ceremony for the recipients of student aid, their families and friends in the spring at such time and place as shall be fixed by the Chairperson.Notice of the time, date and place of this ceremony shall be published in the local press and the public invited to attend.
B. Meetings Regular periodic meetings of the Scholarship Committee may be held from time to time pursuant to vote of the Scholarship Committee. Special meetings of the Scholarship Committee may be held from time to time upon the call of the Chairperson or upon written application to the Secretary or Chairperson of not less than one-third in number of the committee members.
The Secretary or Chairperson shall make public announcement of the meetings and shall mail written notice of all the meetings of the Scholarship Committee to each member at least seven days prior to the meeting unless the time, date and place of such meeting has been previously fixed by vote of the Scholarship Committee, or unless waiver of the notice of the meeting is signed by every committee member and filed with the Secretary or the Chairperson. One-third of the Scholarship Committee members then in office shall constitute a quorum in the case of a meeting of the Scholarship Committee; and a majority of those present at a meeting, and entitled to vote, shall decide any matter properly brought before the meeting.
Section 7. Fiscal Year
(ART. 23, ATM – 05/04/98)The fiscal year of the Chapter shall be the twelve month period ending December 31 in each year.
Section 8. Amendment
The Scholarship Committee may, from time to time bring before an Annual or Special Town Meeting proposed amendments to these Bylaws. Prior to insertion in the Warrant for the Annual or Special Town Meeting, proposed amendments to these Bylaws shall be voted upon by the Scholarship Committee at a scheduled or special meeting called for the purpose of acting upon a proposed amendment. This amendment and any subsequent amendment to this Article of the Town's Bylaws shall become effective upon the certification of the vote by the Town Clerk. Once certified this Article of the Town's Bylaws become the governing document of the John J. Bilafer Arlington Citizens’ Scholarship Fund and shall be sent to CSFA for approval and placed on file in the Office of the Town Treasurer/Collector of Taxes in accordance with the Chapter Agreement entered into between the Chapter and CSFA.
ARTICLE 2
COUNCIL ON AGING
(ART. 18, ATM –04/27/92)
There shall be a Council on Aging consisting of not less than three nor more than nine members who shall be registered voters of the Town and who shall be appointed by the Town Manager, with the approval of the Select Board, for the purpose of coordinating or carrying out programs designed to meet the problems of the aging in co-ordination with programs of the Commission on Aging established under Section 73 of Chapter 6 of the General Laws of Massachusetts.
ARTICLE 3
CAPITAL PLANNING PROGRAM
Section 1. Preparation of Capital Plan
A long-range capital planning program to serve as a guideline for capital improvements in the town shall be prepared each year in writing by the Town Manager subject to the approval of the Select Board. Development of the program shall take into account the annual written recommendation made by a Capital Planning Committee, established herein.
Section 2. Facilities and Equipment
The Capital Planning Committee shall be concerned with physical facilities such as land, buildings, or other structures, and pieces of equipment which require a relatively large investment and have a relatively long useful life.Section 3. Five Year Plan
The Capital plan shall specify a detailed program of capital expenditures by fiscal year, over a period of five (5) years from the date set forth herein, and shall specify the methods of financing the proposed capital improvements. It shall summarize in more general terms the major improvements anticipated during the five-year period.Guidelines for the planning process, defining which constitutes a capital improvement for purposes of this Article, specifying minimum cost and useful life of capital improvements to be considered in the program, the proportion of the total budget to be devoted to outstanding and current capital projects and any restrictions on methods of financing, shall be established on the recommendations of the Capital Planning Committee.
Section 4. Preparation of First Capital Plan
The first capital plan covering the fiscal years 1988-1992 inclusive shall be submitted by the Town Manager to the Select Board at the same time as the submission of the FY '88 annual budget and shall take effect, once approved, on July 1, 1987. The first capital plan and an updated five year plan shall be submitted each year as aforesaid, and included in the Warrant for consideration by the Annual Town Meeting.Section 5. Capital Planning Committee
(ART. 24, ATM – 05/03/93; ART. 6, STM – 5/02/18)There is hereby established a Capital Planning Committee consisting of the Town Manager, the Superintendent of Schools, the Town Treasurer, the Comptroller, or their designees, a member of the Finance Committee and at least four and up to six registered voters of the town appointed by the Moderator.
The Finance Committee member and Moderator appointed members shall serve for a three year terms, and members shall be eligible for reappointment. Following the effective date of this revised bylaw, and at the expiration of the terms of the Moderator-appointed members of the Committee serving as of the effective date, the Moderator shall appoint four members for one, two, or three-year terms for the specific purpose of staggering term expirations, with all subsequent appointments and reappointments for three years.
The Moderator may, at the joint request of the Town Manager and the Chair of the Capital Planning Committee, appoint up to two additional registered voters of the town. Additional members appointed pursuant to this section shall serve a single three-year term unless the Town Manager and Chair of the Capital Planning Committee jointly request reappointment.
A vacancy shall be filled for the unexpired term in the manner of the original appointment. The committee shall choose its own officers. It may spend such sums as shall be annually appropriated.
Section 6. No Preemption
Nothing in this Article shall be construed as preempting or diminishing the statutory prerogatives of the Town Manager or the Select Board.
ARTICLE 4
PUBLIC MEMORIAL COMMITTEE
Section 1. Public Memorial Committee Established
There is hereby established a Public Memorial Committee established for the purpose of memorializing and officially recognizing those persons whose exemplary accomplishments have reflected credit and honor upon the Town of Arlington, in accordance with certain criteria established and set forth in writing by the Committee. Said Committee shall be the official source for memorialization of persons by the Town.Section 2. Membership
The Committee shall consist of five registered voters of the Town, to be appointed by the Select Board. Two shall be appointed for a term of three years and two for a term of two years and one for a term of one year; all to serve until their respective successors are duly appointed and qualified.Thereafter, the said appointing authority to appoint annually such number of members as there are terms expiring in such year to serve for a period of three years and until their respective successors shall be duly appointed and qualified; vacancies to be filled by appointment in the same manner as original appointments for the period of the unexpired term; said Committee to choose annually from its members such officers as it shall deem advisable. No member of the Committee shall be an employee of the Town of Arlington or the Commonwealth of Massachusetts.
Section 3. Veterans Subcommittee
The Committee shall be empowered to appoint a veterans' subcommittee composed of one representative from each of the veterans' organizations within the Town; said subcommittee to make recommendations of individuals to be considered by the Committee for memorialization as a result of exemplary military service.Section 4. Other Subcommittees
The Committee shall also be empowered to appoint any other sub-committees which it deems necessary to assist in its work.ARTICLE 5
TECHNOLOGY ADVISORY BOARD
(ART. 47, ATM – 05/17/04)Section 1.
There shall be a Technology Advisory Board (hereinafter called the Board consisting of five (5) regular members and ten (10) ex-officio members.Section 2.
The regular members of the Board shall be appointed by the Select Board to staggered three-year terms. The regular members of the Board shall be residents of the Town who have knowledge and experience in telecommunications or information technology and/or are persons skilled in representing and advocating for residents. No employee of the Town shall be a regular member of the Board.In the event that a vacancy occurs during a regular member’s three-year term, the Appointing Authority shall, within ninety (90) days, appoint a successor to fill the balance of the unexpired term.
Section 3.
The ex-officio members (or their designees) of the Board shall be:a. The Town Manager
b. The Town Comptroller
c. The Town Treasurer
d. The Town Assessor
e. The Town Clerk
f. The Town Director of Data Processing
g. The School Department Chief Financial Officer
h. The School Department’s Director of Technology
i. A designee of the Cable Advisory Committee
j. One designee jointly chosen by the Finance Committee and the Capital Planning Committee
The Board shall be chaired by the Town Manager or their designee.
Section 4.
The role of the Board shall be (a) to advise the Town Manager on the manner of providing advice and/or technical Assistance to all Town Departments and the School Department in the formulation of technology plans and capital requests for information and communications systems and technologies specifically excluding educational software and systems; taking into consideration the goals of maximizing efficiency and cost effectiveness, removing unnecessary redundancy, and ensuring, to the extent possible, the compatibility of each request with other existing or proposed systems; (b) to advise the Town Manager and the Permanent Town Building Committee on the specifications to be considered for information and communications systems and technologies when constructing or renovating Town facilities; and, (c) to advise the Town Manager on matters relating to information technology policy, specifically with reference to issues of security, privacy, risk, future technology, legal or regulatory requirements and the provision of government services to the public through information technology; (d) to stimulate and support the development of appropriate technology initiatives and activities that would increase communication and information exchange within Town government entities, between Town government and its residents, and among residents themselves; (e) to report to the Select Board and the residents of Arlington as appropriate; and (f) to develop a technology plan which will be presented at Town Meeting annually.
ARTICLE 6
MAPPING COMMISSION
(ART. 22, ATM – 04/26/89)Section 1. Establishment
Pursuant to the provisions of Section 8K of Chapter 40 of the General Laws there is hereby established in the Town a Mapping Commission which shall have all the duties and responsibilities imposed upon it by the provisions of said law as presently provided or hereinafter amended including the developing or coordinating the development of comprehensive maps of the Town so as to include, but not be limited to, parcel boundaries, location of utility lines, pipelines, and other structures, land use or items of geographic or geological interest.Section 2. Application for Grants
The Commission is hereby authorized to apply for, receive, expend, represent and act on behalf of the Town in connection with federal grants, grant programs or reimbursements or private grants.Section 3. Membership
The Commission shall consist of five members to be appointed by the Town Manager subject to the approval of the Select Board and shall serve for three year terms. Town employees shall be eligible for appointment to the Commission provided that their appointment shall cease upon the termination of said employment unless subsequently reappointed thereto.The Town Manager shall consider for such appointment, but not be required to appoint the following officials of the Town: Director of Planning and Community Development, Assistant Director of Planning and Community Development, Town Engineer, Director of Public Works, and the Director of Assessments. Notwithstanding any of the forgoing said members once appointed shall serve until their respective successors are appointed and sworn. Said members shall serve without compensation.
ARTICLE 7
ZERO WASTE ARLINGTON COMMITTEE
(ART. 72, ATM – 05/01/91) (ART. 27, ATM – 05/01/95)( ART. 28, ATM 05/01/2019)Section 1. Membership
There shall be a Zero Waste Arlington Committee (“ZWA”) to be appointed by the Moderator. The committee shall consist of 11 persons: the Town Manager or their designee, and 10 members to be selected from the registered voters of the town. All appointments and reappointments upon the expiration of the original term of appointment shall be for 3 years. Members shall serve until their successors are appointed and qualified.Section 2. Purpose and Mission
The mission of ZWA is to foster greater participation in all forms of waste reduction to improve health and restore the environment. ZWA shall conduct outreach efforts to help the Town reduce generation of waste overall, while increasing the options for, and quality of, recycling.
ZWA shall advise the Town and advocate for policies which align with Massachusetts’ goals for municipal solid waste reduction, and includes responding both to advances in recycled material sorting technologies, and to changes in market demand for recovered materials.
ZWA shall also provide education and support at all levels within the community to create, implement, and promote programs that drive down the need for solid waste disposal via landfill or incineration. Such programs shall include, but not be limited to increasing diversion of organics, reducing plasticware retail sale and distribution, creating awareness about excessive consumer packaging, minimizing recycling contamination, teaching repair and repurpose, and encouraging community swapping and sharing practices.
ARTICLE 8
ARLINGTON COMMISSION FOR ARTS AND CULTURE
(ART. 21, ATM – 05/17/93), (ART. 15, ATM – 04/30/14)(ART. 13, ATM – 04/28/18)
Section 1. Establishment and Purpose of the Arlington Commission for Arts and Culture
A. The body previously known as the Arlington Commission on Arts and Culture shall hereafter be known as “the Arlington Commission for Arts and Culture” and shall incorporate into its mission, duties and responsibilities, the duties and responsibilities of the Arlington Public Arts Committee of Vision 2020, the Arlington Cultural Council, and the Cultural District Managing Partnership, all of which are consolidated under one public body as outlined herein.B. The Commission shall promote and develop arts and culture programs, events, and resources, in order to create a sustainable and vibrant arts scene that engages and attracts artists, residents, businesses and visitors, as more specifically enumerated in Section “5” herein. The Commission shall be constituted of a “Core Committee” which shall serve as the coordinating and policy making body of the Commission, and up to five (5) action committees, which shall collaborate with the Core Committee to meet Commission’s duties and responsibilities. The Core Committee may also establish or disband action committees consistent with Section 3 of this bylaw, as well as any necessary ad hoc committees or advisory groups as needed under the umbrella of the Commission’s role and responsibilities.
Section 2. Core Committee Membership, Quorum, Administration & Organization
A. The Core Committee shall consist of up to 13 voting members appointed pursuant to subsection (1) below and a liaison from the Dept. of Planning and Community Development. A quorum shall consist of a majority of the current voting Core Committee Members, and all actions shall be made pursuant to a majority vote of members in attendance. The Committee shall organize for the conduct of its affairs and shall elect its own officers.1. Core Committee Appointments and Membership
a. Core Committee members shall be sourced from, or appointed by the following:
i. One (1) at-large member appointed by the Arlington School Committee for an initial three-year term;
ii. One (1) member of the Cultural District Managing Partnership or their designee;
iii. One member of the Grants Committee set forth in section 3 below;
iv. One member of up to four (4) action committees set forth in section 3 below;
v. Three (3) at-large members recommended by the Town Manager and appointed by the Select Board, one of which shall serve an initial one-year term, one to serve an initial two-year term, and one of which to serve an initial three-year term;
vi. One (1) representative of the Town of Arlington business community for an initial one-year term appointed by the Town Manager;
vii. One (1) representative of the Town of Arlington’s non-profit arts community for an initial two-year term appointed by the Town Manager;
viii. One (1) representative of the local community of working artists for an initial three-year term appointed by the Town Manager;
ix. The Director of Planning and Community Development, or their designee shall serve as a Department liaison to the Core Committee.
b. All appointed Core Committee members shall be eligible for reappointment for a three-year term.
c. Members may be removed by the appointing authority upon request of a majority of the Commission for three or more unexcused absences from Commission meetings in any calendar year.
d. A vacancy of an appointed Core Committee seat shall be filled by the Select Board, School Committee, or Manager consistent with the foregoing.
Section 3. Grants Committee, Other Action Committees & Ad Hoc Committees
A. Grants Committee. The Arlington Cultural Council shall hereafter operate as the Grants Committee of the Arlington Commission for Arts and Culture.1. The Grants Committee shall identify arts and culture grant opportunities for the Town and its communities, apply for such grants, and where appropriate, distribute such funds.
2. The Grants Committee shall also serve as the Local Cultural Council for the purposes of G.L. c. 10 § 58.
3. The Grants Committee shall be organized, appointed, and administered consistent with the requirements of c. 10 § 58.
4. 4. All members of the Arlington Cultural Council serving at the time of passage of this bylaw shall continue the remainder of their appointed terms.
B. Action Committees
The Core Committee may establish and/or disband up to four (4) additional action committees in the areas of operations listed below to be composed and organized as directed by the Core Committee, including the number of members and such members’ terms of service:
1. Public Art
2. Programs and Festivals
3. Marketing and Evaluation
4. Resource Development
C. Core Committee Representation
As set forth in section 2, one member of the Grants Committee and one member of each other active action committee shall serve on the Core Committee.
D. The Core Committee may also establish or disband any necessary ad hoc committees and advisory groups as needed, but such groups shall not be represented on the Core Committee.
Section 5. Duties and Responsibilities
The Arlington Commission for Arts and Culture shall endeavor to:A. Advocate to promote greater awareness of, and support for, the many cultural opportunities in Arlington;
B. Advise the town and its commissions, committees and boards with respect to all matters of a cultural or artistic nature;
C. Make recommendations to the appropriate authorities on the use of public areas, building and meeting spaces for cultural or artistic performances or exhibits, and recommend guidelines for the conduct of such events;
D. Implement and update the Arts and Culture Action Plan for the Town and annually report on its progress;
E. Manage the Arlington Cultural District, a hub for arts, culture, dining and entertainment spanning a walkable stretch along Massachusetts Avenue from East Arlington’s Milton Street to Jason Street in Arlington Center;
F. Accept gifts, contributions and bequests of funds from individuals, foundations and from federal, state or other governmental bodies for the purpose of furthering the Commission’s purposes;
G. Distribute funding from the Massachusetts Cultural Council, as well as other arts and culture grants;
H. Recommend policies to the appropriate authorities for the collection, preservations and care of public or Town owned art work;
I. Preserve and promote the cultural and artistic resources of the Town; curate the Town’s public art;
J. Work toward establishing Arlington as a significant cultural center;
K. Promote cultural education for all citizens regardless of age;
L. Serve as a vocal, strong and visible advocate for the arts throughout the Town, its schools and its other educational entities;
M. Promote the arts as a viable vocation as well as avocation and encourage the appreciation and understanding of the arts as a means of improving the quality of all endeavors;
N. Recognize and honor Arlington citizens for outstanding service to the Town in the area of cultural affairs;
O. Serve as the umbrella organization for Town coordinated arts and culture efforts; and
P. Take all actions which in its judgment will further the purposes for which it was established consistent with the above.
Section 6. Department Coordination, Staff Position, and Office
The Commission’s activities shall be generally coordinated with staff support provided by the Department of Planning and Community Development. The Commission may work with the Department to define specific duties and solicit a person or persons to oversee arts and culture planning activities. Staff or consultant support may be paid by appropriation or from any funds received through grants or gifts to the Commission in compliance with Local Cultural Council regulations. If no such funds are available, then the appointment thereto may be made on a volunteer basis. The Town Manager shall appoint staff after considering the recommendation of the Commission and Department.
ARTICLE 9
HUMAN RIGHTS COMMISSION
(ART. 22, ATM – 05/12/93)(ART. 18, ATM - 05/02/16)
(ART. 6, ATM - 04/25/22)
Section 1. Preamble
Growing out of the original Vision 2020 effort and the Diversity Task Group’s vision, the Town of Arlington created a Human Rights Commission as provided for in this Bylaw.
Section 2. Policy of the Town of Arlington
A. It is the intention of the Town of Arlington ("Town") to establish a Commission to advance issues related to the fair and equitable treatment of individuals, and to create a mechanism for addressing complaints arising out of these issues.B. It is the policy of the Town to protect every individual in the enjoyment and exercise of their human and civil rights and to encourage and bring about mutual understanding and respect among all people who live, work, visit and travel within the Town.
C. It is the intention of this Bylaw that all persons be treated fairly and equally. The purpose of this Bylaw is to bring about the elimination of prejudice, intolerance, bigotry, bias, unlawful discrimination, threats, coercion or intimidation based upon an individual's race, color, religious views, national origin, sex, gender identity or expression, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military or veteran status.
D. It shall be considered an unlawful practice under this Bylaw for any person to withhold, deny, interfere with, threaten or subject an individual to coercion or intimidation concerning equitable access to and/or discrimination in employment, housing, education, recreation, services, public access and accommodation and public area where such denial, interference, threats, coercion, intimidation or unlawful discrimination against a person is based upon race, color, religious views, national origin, sex, gender identity or expression, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, military or veteran status.
Section 3. Establishment of a Human Rights Commission
A. Scope: There is hereby established a Town board to be known as the Arlington Human Rights Commission ("Commission") which may implement the policy of this Bylaw by:1. Improving the life of the Town by developing on its own and enlisting community based groups in educational programs and campaigns to increase mutual respect, harmonious intergroup relations and the peaceful enjoyment of life in our community by all;
2. Working with Town Government, the School Department, Town Commissions and Boards to increase diversity in the Town and among those employed by the Town, as well as awareness and sensitivity to those human and civil rights issues which may arise within our Town;
3. Responding to complaints by persons in the Town who believe that their human or civil rights, as defined in this Bylaw or in state or federal law, have been violated in the Town;
4. Initiating investigations into circumstances which appear to the Commission to be the result of unlawful discrimination against any person(s) in the Town.
B. Appointment & Terms of Office of Commission Members
(ART. 23, ATM – 05/01/96)
(ART. 19. ATM - 05/01/16)
1. The Commission shall consist of thirteen (13) members, five of whom will be appointed by the School Committee, four by the Town Manager subject to the approval of the Select Board and four by the Town Moderator. The term of office shall be for three years.
The members shall be sworn to the faithful performance of their duties, and shall serve until their successors are appointed and sworn. There may be an Executive Director, who may also be known as the Diversity, Equity and Inclusion Director, if determined necessary by the Commission, appointed by the Town Manager with consultation by the Commission.
2. The Commission shall include among its membership individuals publicly solicited by the appointing authorities and representative of the diversity of the Town.
3. If a member shall fail to attend three or more consecutive
meetings of the Commission, the Commission by vote, may so advise the appropriate appointing authority, who may remove such member, and appoint a successor for the unexpired term of the member so removed.
C. Residency Requirement : All members of the Commission shall be residents of the Town at the time of their appointment and throughout their tenure. A Commissioner who is no longer a resident of the Town shall promptly notify the Chair(s) of the Commission who shall then notify the appointing authority.
D. Executive Director: Before appointing an Executive Director, the Town Manager shall consider the recommendation of the Commission. The Executive Director shall be an employee of the Town and report to the Town Manager. The prospective Executive Director shall have demonstrable experience in human and civil rights, as well as proven ability to work cooperatively in a diverse community.
At the request of the Commission, the Executive Director shall support the overall administration of the Commission's activities. The Executive Director shall have the power and duty to initiate activities designed to educate and inform the Town about the effects of prejudice, intolerance, and bigotry; to receive and/or initiate complaints and investigations of discriminatory practices as defined by local, state, and federal law; to report their findings to the Commission; and to attempt mediation of any complaint alleging discrimination under applicable local, state, and federal law when there is cause for such complaint.
E. Officers, Quorum, and Adoption of Rules and Regulations
1. The Commission shall elect a Chairperson or two from among its members at the first meeting each year in January. The Commission shall endeavor to rotate the election of a Chairperson(s) each year thereafter. The Chairperson(s) shall preside over the meetings of the Commission.
2. Seven (7) members shall constitute a quorum for the purpose of conducting the business of the Commission and all decisions shall be by a majority vote of the Commission members present and voting.
3. The Commission shall adopt rules and regulations consistent with this Bylaw and the laws of the Commonwealth of Massachusetts to carry out the policy and provisions of this Bylaw and the powers and duties of the Commission in connection therewith. The rules shall ensure the due process rights [as defined by state law] of all persons involved in investigations and hearings.
4. Members of the Commission shall serve without compensation.
5. Members of the Commission may be removed by the appointing authority for just cause [after notice and opportunity to be heard].
Section 4. Definitions
A. The terms referencing the basis for discrimination as cited in Section 2 of this Article are as defined below or in applicable state and federal law, including but not limited to G.L. c.12 Sections 11H and 11I, c.93 Section 102, c.151b, the Civil Rights Act of 1964, as amended (42 USC Section 2000d et seq), the Age Discrimination in Employment Act of 1967, as amended (29 USC Section 621 et seq), the Americans with Disabilities Act (42 USC Section 1210 et seq), the Rehabilitation Act of 1974, as amended (29 USC Section 794), the Civil Rights Act of 1991 (PL 102 166), and the Equal Credit Opportunity Act (15 USC 1601 et seq).B. The term "person" includes, but is not limited to, one or more individuals, partnerships, associations, agencies, corporations, legal representatives, trustee, trustees in bankruptcy and receivers, the Town of Arlington, federal or state political subdivisions, boards, committees and commissions, or employees thereof.
C. The term "religious views" shall encompass a belief in a specific set of religious beliefs, as well as a disbelief or skepticism about any or all religious beliefs.
D. The term "family status" refers to the actual or supposed condition of having or not having children.
E. The term "marital status" refers to the actual or supposed state of being or having been unmarried, married, separated, divorced or widowed.
F. The term "source of income" refers to the actual or supposed manner or means by which an individual supports themself and their dependents excluding the use of criminal activities as a means of support.
G. The term "military or veteran status" refers to the actual or supposed condition being, not being, having been or not having been in the service of the military.
H. The term “incident” refers to as an occurrence within the Town which the reporter alleges is motivated, in whole or in part, by prejudice, bias, intolerance, and/or with the intent to threaten, harm, coerce, or intimidate. Incidents may include, but are not limited to: removal or stealing of items promoting diversity, equity and inclusion; the placement of signs or graffiti promoting prejudice, intolerance or bigotry; biased statements or slurs; actins with animus to a protected class.
I. The term “complaint” refers to a formal written report filed with the Commission in which the complainant seeks a formal investigation of allegation(s) over which the Commission may exercise jurisdiction.
Section 5. Functions, Powers & Duties of the Commission
The function of the Commission shall be to implement the policy of this Bylaw by the exercise of the following powers and duties:A. To initiate activities designed to educate and inform the Town about the effects of prejudice, bias, intolerance, and bigotry through the following actions:
1. To hold public hearings and public forums, make studies and surveys and to issue such publications and such results of investigations and research as, in its judgment, will tend to promote good will and minimize or eliminate discrimination because of race, color, religious views, national origin, sex, gender identity or expression, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military or veteran status.
2. Develop and/or recommend courses of instruction for presentation in public and private schools, public libraries and other suitable places, devoted to identifying, educating, eliminating prejudice, bias, intolerance, bigotry and discrimination and showing the need for mutual respect and fair and equitable treatment in the Town.
3. Create such subcommittees from the members of the Commission as, in the Commission's judgment, will best aid in effectuating the policy of this Bylaw.
4. Enter into cooperative working agreements with federal, state and town agencies, and enlist the cooperation of the various racial, religious and ethnic groups, civic and community organizations and other groups in order to effectuate the policy and goals of this Bylaw.
5. Monitor, publicize and, where necessary, act to increase the diversity on appointed Town boards and committees.
6. Render each year to the Select Board, Town Manager, School Committee and Superintendent of Schools a full written report of all the Commission's activities and recommendations regarding this Bylaw for inclusion the Town Report.
B. To receive and investigate incidents and complaints of and to initiate its own complaints and/or investigations of any incidents as that term is defined and other violations of this Bylaw.
C. To attempt by informal mediation to resolve any complaint over which it has jurisdiction and to recommend to the Town Manager, the Select Board, the Superintendent of Schools or the School Committee, as appropriate, such action as it feels will resolve any such complaint.
D. In the case of any unresolved complaint or in the case of any investigation which would be aided thereby, to hold hearings, and, in connection therewith, to require production of any evidence relating to any matter in question or under investigation before the Commission.
Section 6. Relations with Town Agencies
A. The Commission, School Department, Community Safety Department and all other Town departments, agencies, boards and commissions shall work cooperatively to effectuate the policy of this Bylaw.B. So far as practicable and subject to the approval of the Town Manager, or, in the case of the School Department, the Superintendent of Schools, the services of all other Town departments, agencies, boards and commissions shall be made available to the Commission for effectuating the policy of this Bylaw.
The head of any department, agency or other commission shall furnish information in the possession of such department, agency or commission where such information relates to the duties and responsibilities of the Commission.
C. The Town Counsel shall provide for representation of the Commission or a Commissioner upon the Commission's request. For liability issues, Commissioners shall be considered as Town employees and not liable personally for actions undertaken in their role of Commissioner.
D. Any contract entered into by the Town or the School Department or any of their agencies, departments of subdivisions shall contain a covenant by the contractor and each subcontractor not to violate this Bylaw. Breach of this Bylaw shall be regarded as a material breach of such contract.
Section 7. Complaint Resolution Procedures
A. Any person or class of persons claiming to be aggrieved by an alleged violation of this Bylaw shall make, sign and file with the Commission a verified complaint in writing which shall state the particulars and other such information as may be required by the Commission, including, if known, the name and address of the person alleged to have committed such violation. The Commission may also, on its own, issue a complaint whenever it has reason to believe that any person has engaged in a practice that violates this Bylaw.B. No complaint shall be considered unless it is filed within four months after the occurrence of the practice alleged to violate this Bylaw, or unless it has been referred to the Commission by the Massachusetts Commission Against Discrimination or the Equal Employment Opportunity Commission after having been filed in a timely manner with either or both agencies.
C. The filing of a complaint, the failure to file a complaint, or the dismissal of a complaint by the Commission shall not bar the complainant from seeking relief in any other administrative or judicial forum.
Nor shall filing or failing to file a complaint with other federal, state or town agencies or courts bar the complainant from seeking relief through the Commission.
D. After the report of an incident or the filing of any complaint, the Chairperson of the Commission or co-chairs shall designate one or more of the Commissioners to oversee a prompt investigation thereof with the assistance of the staff of the Commission.
E. After such investigation, the designated Commissioner(s), as the case may be, shall promptly file a report of such findings with the Commission, which shall determine whether to dismiss the complaint. The Commission shall, within ten working days from such determination, notify the complainant in writing of such determination.
1. If such Commissioner(s) determine(s) after such investigations that cause does exist to support the allegations of the complaint or if the Commission so determines, notwithstanding a negative report from such Commissioner(s), the Commission shall forthwith endeavor by mediation to eliminate the practice that violates this Bylaw.
The Commission and its staff shall not disclose the terms of informal mediation when the complaint has been disposed of in this manner pursuant to G.L. c.233 Section 23C unless both parties agree to the disclosure. The Commission may issue orders consistent with its findings during the mediation process.
2. In the case of such a finding under Section VII.E.1., as part of the informal mediation process the Commission may issue an informal admonition to the respondent. Such a finding shall not be published or made public, pursuant to G.L. c.233 Section 23C.
3. Alternatively, in the case of such a finding of a more serious nature under Section VII.e.1., the Commission may issue a private reprimand to the respondent. A party receiving a private reprimand shall not be eligible for a similar disposition for two (2) years. Such finding shall not be published or made public pursuant to G.L. c.233 Section 23C.
F. The respondent shall have the right to appeal any action of this Commission to a court of competent jurisdiction, as provided by law.
Section 8. Contributions to the Commission
The Commission may apply for and accept contributions, grants and appropriations from other governmental agencies and from civic and charitable foundations, trusts and other organizations, private or public, to effectuate the policy and goals of this Bylaw.Section 9. Construction of Bylaw
The provisions of this Bylaw shall be construed liberally for the accomplishment of the purposes hereof. Nothing herein shall be construed to limit civil rights granted or hereinafter afforded by federal or state law.
Section 10. Effect of State and Federal Law
A. Nothing in this Bylaw shall be deemed to exempt or relieve any person from any liability, duty, penalty or punishment provided by any present or future law of the Commonwealth of Massachusetts or the United States of America.
B. Any remedies provided by this Bylaw shall be cumulative with any other remedies provided by local, state or federal law.
Section 11. Severability
Should any section, provision, paragraph, sentence or word of this Bylaw be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of this Bylaw as a whole, or any part thereof, which shall remain in full force and effect, other that the portion so declared to be invalid.
ARTICLE 10
THE CYRUS E. DALLIN ART MUSEUM BOARD OF TRUSTEES
(ART. 23, ATM – 04/26/95)Section 1. Purpose
The Town of Arlington establishes a board of trustees for the purpose of establishing an art museum in order to store, repair, collect, maintain, preserve, acquire, and display the sculptures, pieces of art and archives of Cyrus E. Dallin; to educate the residents of Arlington and the general public in the importance of Cyrus E. Dallin as an artist and to oversee and administer the collection and museum.Section 2. Works of Art
The sculptures, pieces of art and archives by and of Cyrus E. Dallin are owned and held by the Town of Arlington. The board of trustees will have custody of those parts of the collection not in a fixed position.These may not be sold, disposed of, assigned, relinquished, transported or loaned without the approval of the Select Board and compliance with applicable law including but not limited to M.G.L. c. 30B, the Uniform Procurement Law or other law as applicable.
Section 3. Establishing the Museum
The Cyrus E. Dallin Art Museum Board of Trustees shall study the necessities of space, location, and resources needed to establish a museum; present plans, schedules, financial requirements, and recommendations to the Select Board for the Board's approval; and to Town Meeting when and where appropriate.Section 4. Funding
The Board of Trustees is authorized to solicit and raise charitable contributions, apply for government grants and financial assistance from philanthropic foundations or endowments. The Board of Trustees may also seek budget appropriation from any Annual or Special Town Meeting.Section 5. Appointment and Powers of the Board of Trustees
A. The Cyrus E. Dallin Art Museum Board of Trustees shall be comprised of nine (9) members. These nine members shall be appointed by the Select Board and serve staggered terms in the following manner: Three (3) members for one (1) year; three (3) members for two (2) years and three (3) members for three (3) years.Following the initial term of these appointments, the term for each member shall be for three (3) years. Members shall continue to serve beyond their expired term until re-appointed or replaced by the appointing authority. Recommendation for appointment to the Board of Trustees may be made by a nominating committee of the Board of Trustees. Members shall serve without compensation.
B. The Board of Trustees shall have a chairperson, vice chairperson, secretary and treasurer who shall be selected by majority vote of a duly constituted quorum of the Board of Trustees.
C. The Board of Trustees may allow individuals to assist the board and the museum by creating associate memberships, fellowships or other such designations and shall determine the eligibility of these affiliations.
D. The Board of Trustees shall establish rules, regulations, policies and practices for the workings of the Board and the museum which shall be subject to the approval of the Select Board. They are also required to adhere to the open meeting laws.
Section 6. Annual Report
The Board of Trustees shall present a report annually to the Select Board detailing the activities, efforts and financial undertakings of the Board of Trustees and museum and an accurate inventory of all these sculptures, pieces of art and archives of Cyrus E. Dallin as well as any other art works owned and held by the Town under the Trustees' care and shall maintain a current appraisal of each sculpture, piece of art and artifact.
ARTICLE 11
POET LAUREATE OF ARLINGTON
(ART. 13 – ATM - 4/30/14)Section 1. Establishment of an Honorary Poet Laureate of Arlington
There is hereby established for the purposes of advancing the literary arts, enriching the community, and recognizing the literary achievements of Town residents, the honorary position of Poet Laureate of Arlington.Section 2. Selection, Term and Criteria
Appointment of a Poet Laureate shall be for a term of one year, annually renewable for a total of three years based on the recommendation of a screening committee of five persons consisting of one person each designated by:(a) The Library Board of Trustees (by majority vote)
(b) The Arlington School Committee (by majority vote)
(c) The Arlington Commission on Arts and Culture (by majority vote)
(d) Town Meeting Member (appointed by the Town Moderator)
(e) The Town Manager (with advice and consent of the Select Board):
and confirmed by the Select Board.
This honorary position shall be voluntary. Only Arlington residents shall be considered for appointment, and any person appointed as Poet Laureate of Arlington must at all times remain an Arlington resident during their term as Poet Laureate. In the event that a Poet Laureate is no longer a resident of Arlington during their term, the honorary position shall be construed to have been constructively vacated.
Section 3. Duties of the Poet Laureate
The duties of the Poet Laureate shall be to present original works of poetry, conduct readings and participate in public events and Town, public school and library programs as appropriate and practicable.ARTICLE 12
COMMUNITY PRESERVATION ACT COMMITTEE
(Art. 11 - ATM - 04/29/15; Art. 31 – ATM – 05/015/19)Section 1. Establishment and Membership
a. There is hereby established a Community Preservation Act Committee consisting of a total of nine (9) members pursuant to G.L. c. 44B § 5. The membership shall be composed of one member of the Conservation Commission as designated by such Commission, one member of the Historical Commission as designated by such Commission, one member of the Arlington Redevelopment Board (which serves as the Town's Planning Board) as designated by such Board, one member of the Park and Recreation Commission as designated by such Commission, one member of the Arlington Housing Authority as designated by such authority, and four (4) at-large members appointed by a joint vote of the approval by the Select Board and the Town Manager as follows below in Section 1(b).b. Candidates for at-large membership shall be jointly gathered and screened by the Town Manager and the Chairperson of the of the Select Board or their designee, who shall jointly forward recommended candidates for a vote on appointment by the full Select Board plus the Town Manager (a maximum total of six votes representing the five Select Board and the Town Manager). A majority vote the Select Board and the Town Manager shall be required for appointment to an at-large member position.
c. At-large members shall be appointed to the following initial terms: One (1) for a one-year term, two (2) for two-year terms, and one (1) for a three-year term. All subsequent terms shall be for three years. All other members shall serve a term determined by their designating bodies not to exceed three years. All members, at-large and otherwise, are eligible for reappointment. Should any appointing or designating authority fail to appoint a successor to a CPAC member whose term is expiring, such member may continue to serve until the relevant
authority names a successor.
d. A vacancy of the committee shall be filled by the relevant appointing or designating authority.
Section 2. Duties and Responsibilities
The Community Preservation Act Committee shall have all the duties and powers as set forth in G.L. c. 44 §5, including, but not limited to the following:a. The Community Preservation Act Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with existing municipal boards, including the Select Board, Conservation Commission, the Historical Commission, The Redevelopment Board, the Park and Recreation Commission, the Council on Aging, the Housing Authority, the Finance Committee, and the Capital Planning Committee. As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities, and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding the hearing in a newspaper of general circulation in the Town.
b. The Community Preservation Act Committee shall make recommendations to the Town Meeting for the acquisition, creation, and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation, and support of community housing; and for rehabilitation or restoration of such open space and community housing that is acquired or created with CPA funds. With respect to community housing, the Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites. Recommendations to Town Meeting shall include their anticipated costs.
c. The Community Preservation Act Committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose, or to set aside for later spending funds for general purposes that are consistent with community preservation.
d. Prior to making its final recommendations to Town Meeting for approval, the Committee shall present draft recommendations to the Select Board, the Finance Committee, and the Capital Planning Committee for comment. Further a designated member of the Select Board, Finance Committee, and Capital Planning Committee shall be permitted, but not required, to serve as a liaison to the Committee
Section 3. Administration and Operation
a. The Community Preservation Act Committee shall not meet orconduct business without the presence of a quorum. A Majority of the members of the Community Preservation Act
Committee all constitute a quorum.
b. The Community Preservation Act Committee shall approve its
actions by majority vote of the quorum.
c. Each fiscal year, the Committee shall recommend to Town
Meeting an operational and administrative budget. The timing
of such budget recommendation shall be coordinated with the
Town Manager's annual operating budget submission to the Select Board.
Section 4. Amendments
The Community Preservation Act Committee shall, from time to time, review the administration of this by-law, making recommendations, as needed, for changes in the by-law and in administrative practice to improve its operations.Section 5. Construction and Severability
At all times this by-law shall be interpreted in a manner consistent with G.L. c. 44B, the Community Preservation Act. Should any section, paragraph or part of this chapter be for any reason declared invalid or unconstitutional by any court of last resort, every other section, paragraph, or part shall continue in full force and effect.Section 6. Effective Date
Following Town Meeting approval of this by-law, this Title shall take effect immediately upon the approval by the Attorney General of the Commonwealth. Each appointing authority shall have forty five (45) calendar days after approval by the Attorney General to make their initial appointments. Should any appointing authority fail to make their appointment within that allotted time, the Town Manager shall make the appointment from the membership of such appointing authority.
ARTICLE 13
ARLINGTON PRIDE/LGBTQIA + RAINBOW COMMISSION
(ART. 15, ATM – 04/26/17)
(ART 4, STM – 12/05/18)
Section 1. LGBTQIA + RAINBOW COMMISSION ESTABLISHED
There is hereby established an LGBTQIA+ Rainbow Commission to promote equality-affirming policies regarding the full spectrum of sexual orientations and gender identities, and to bring greater visibility and empowerment to the LGBTQIA+ population through education, advocacy, and collaboration with other Town agencies, schools, and community groups.Section 2. Membership
The Commission shall consist of seven (7) to nine (9) members, six (6) to eight (8) of which are to be appointed by the Town Manager subject to the approval of the Select Board, and one (1) of which shall be appointed by the School Committee. Members shall be appointed to the following initial terms: Two (2) members to a one-year term, two (2) members for two-year terms, and three (3) members for three-year terms, as determined appropriate by the Town Manager and School Committee. All subsequent terms shall be for three years. The Manager may, by the majority vote of the Rainbow Commission appoint up to two additional registered voters of the Town for a maximum total of nine (9) commissioners. Additional members appointed pursuant to this section shall serve a single three-year term unless the majority vote of the Commission requests reappointment. Should an appointing authority fail to appoint a successor to a Commission member whose term is expiring, such member may continue to serve until the relevant authority names a successor. A vacancy of the Committee shall be filled by the relevant appointing authority.Section 3. Administration and Operation
The LGBTQIA+ Rainbow Commission shall not meet or conduct business without the presence of a quorum. A majority of the members of the LGBTQA+ Rainbow Commission at any given time shall constitute a quorum and the Commission shall approve its actions by majority vote of the quorum.Section 4. Effective Date
Following Town Meeting approval of this bylaw, this Title shall take effect immediately upon the approval by the Attorney General of the Commonwealth.
Article 14
Affordable Housing Trust Fund & Board of Trustees
(ART. 8, STM 11/18/2020)
Section 1. Name of the Trust
The Trust shall be called the “Arlington Affordable Housing Trust Fund.”
Section 2. Purpose
The purpose of the Trust shall be to provide for the preservation and creation of Community Housing in the Town of Arlington, as such term is defined in Section 2 of M.G.L. c.44B, the Community Preservation Act.
Section 3. Board of Trustees
A. Composition. There shall be a Board of Trustees (“Trustees”) of the Arlington Affordable Housing Trust Fund composed of one ex officio non-voting member and seven voting members. The Town Manager or the Town Manager’s designee shall serve as the ex officio member. The voting members shall include: a member of the Select Board (designated by the Select Board) and six members appointed by the Select Board. The voting members shall be residents or representatives of local housing organizations who may have relevant experience in the fields of real estate, housing, banking, finance, law, architecture, social services, or other areas of expertise applicable to advancing the purpose and goals of the Trust. Of the Select Board appointees, at least one shall be a tenant who earns a low- or moderate-income, and resides in subsidized housing units as defined by G.L. c.40B or who receives state- or federally-sponsored rental subsidies and demonstrates knowledge of tenant issues, and at least two shall be representatives of local housing organizations such as a housing authority or housing corporation dedicated to the creation and maintenance of affordable housing.
B. Appointment of Trustees. Trustees shall serve for a term of two years, except that two of the initial Trustee appointments shall be for a term of one year, and may be re-appointed at the discretion of the Select Board.
C. Officers. The Trustees shall designate a chair, vice chair, treasurer, and clerk.
D. Removal. A Trustee may be removed by the Select Board for cause following a hearing.
E. Declaration of Trust. The Trustees are authorized to execute a Declaration of Trust and Certificate of Trust for the Arlington Affordable Housing Trust Fund, to be recorded with the Middlesex South Registry of Deeds and filed with the Middlesex South Registry District of the Land Court, following approval by the Select Board.
F. Trustees shall serve without compensation, except for expenses which shall receive prior approval from the comptroller.
G. Authority and Responsibilities.
1) The powers of the Trustees, all of which shall be carried on in furtherance of the purposes set forth in G.L. c.44, §55C, and inclusive of any future amendments, and pursuant to the provisions of a Declaration of Trust to be approved by the Select Board, shall include the following:
a) To accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the Trust in connection with any ordinance or by-law or any general or special law or any other source, including money from chapter 44B; provided, however, that any such money received from chapter 44B shall be used exclusively for community housing and shall remain subject to all the rules, regulations and limitations of that chapter when expended by the Trust, and such funds shall be accounted for separately by the Trust; and provided further, that at the end of each fiscal year, the Trust shall ensure that all expenditures of funds received from said chapter 44B are reported to the Arlington Community Preservation Act Committee for inclusion in the community preservation initiatives report, form CP–3, to the Department of Revenue;
b) To purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income;
c) To sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to Trust property as the Trustees deem advisable notwithstanding the length of any such lease or contract;
d) To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases, grant agreements and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the Trustees engage for the accomplishment of the purposes of the Trust;
e) To employ advisors and agents, such as accountants, appraisers and lawyers as the Trustees deem necessary;
f) To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the Trustees deem advisable;
g) To apportion receipts and charges between incomes and principal as the Trustees deem advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise;
h) Beginning in the fiscal year ending on June 30, 2023, all non-incidental expenses incurred by the Town, as determined by the Town Manager, shall be reimbursed by the Trust;
i) The Trust shall carry sufficient insurance, as determined by the Town Manager, to protect the Town from any liability resulting from their operations;
j) To participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person;
k) To deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the Trustees may deem proper and to pay, out of Trust property, such portion of expenses and compensation of such committee as the Trustees may deem necessary and appropriate;
l) To carry property for accounting purposes other than acquisition date values;
m) With Select Board approval, to borrow money on such terms and conditions and from such sources as the Trustees deem advisable, to mortgage and pledge Trust assets as collateral. Any borrowing by the Trust may not exceed 80 percent of the Trust’s total assets. Any debt incurred by the Trust shall not constitute a pledge of the full faith and credit of the Town of Arlington, and all documents related to any debt shall contain a statement that the holder of any such debt shall have no recourse against the Town of Arlington, with an acknowledgement of said statement by the holder
n) To make distributions or divisions of principal in kind;
o) To comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the Trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for such period of time as the Trustees may deem appropriate;
p) To manage or improve real property and to abandon any property which the Trustees determine not to be worth retaining;
q) To hold all or part of the Trust property uninvested for such purposes and for such time as the Trustees may deem appropriate; and
r) To extend the time for payment of any obligation to the Trust.
2) The powers and duties enumerated above are intended to encompass all powers and duties of the Trustees. Any action, power or duty not enumerated above shall require prior approval of the Select Board.
Section 4. Acts of Trustees
A. A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees, with the exception that any purchase, sale, lease, exchange, transfer or conveyance of any interest in real property, borrowing, and mortgaging and pledging of assets must be approved by at least two-thirds of the appointed Trustees.
B. No Trustee shall be required to post bond.
C. No license of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate.
D. Any purchase, sale, lease, exchange, transfer or conveyance of any interest in real property, borrowing, and mortgaging and pledging of assets must be approved by a majority of the Select Board.
Section 5. Funds Paid to the Trust
Notwithstanding any general or special law to the contrary, all moneys paid to the Trust in accordance with any zoning bylaw, exaction fee, or private contribution shall be paid directly into the Trust and need not be appropriated or accepted and approved into the Trust. General revenues appropriated into the Trust become Trust property and these funds need not be further appropriated to be expended. All moneys remaining in the Trust at the end of any fiscal year, whether or not expended by the Trustees within one year of the date they were appropriated into the Trust, remain Trust property set forth in G.L. c.44, §55C. All funds, property and other assets shall be accounted for by the comptroller of the Town of Arlington who shall issue quarterly reports to the Trustees, Select Board, Town Manager and the Finance Committee and an annual report to the Town Meeting.
Section 6. Meetings of the Trust
The Trust shall meet at least quarterly at such time and at such place as the Trustees shall determine. Notice of all meetings of the Trust shall be given in accordance with the provisions of the Open Meeting Law, G.L. c. 30A, §§ 18 – 25. A quorum at any meeting shall be a majority of the Trustees qualified and present in person.
Section 7. Custodian of Funds
The Arlington Treasurer/Collector shall be the custodian of Trust’s funds and shall maintain separate accounts and records for such funds. Any income or proceeds received from the investment of funds shall be credited to and become part of the Trust Fund. In accordance with G.L. c. 44, § 55C, the books and records of the Trust shall be audited annually by an independent auditor, appointed by the Select Board, in accordance with accepted accounting practices or take any other action relative thereto. Upon receipt of the audit by the Trustees, a copy shall be provided forthwith to the Select Board. The Trustee designated as treasurer shall also liaise with the custodian of the funds on a monthly basis.
Section 8. Legal Status
A. The Trust is public employer and the Trustees are public employees for the purposes of G.L. c. 258.
B. The Trust shall be deemed a municipal agency and the Trustees special municipal employees for the purposes of G.L. c. 268A.
C. The Trust is exempt from G.L. c. 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the Commonwealth or any subdivision thereto.
D. The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of G.L. c. 39.
E. The Trust is a board of the Town for purposes of G.L. c. 30B and G.L. c. 40 § 15A but agreements and conveyances between the Trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the town shall be exempt from said Chapter 30B.
Section 9. Duration of the Trust
This Trust shall be of indefinite duration, until terminated in accordance with applicable law. Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust shall be transferred to the Town and held by the Select Board for affordable housing purposes. In making any such distribution, the Trustees may, subject to the approval of the Select Board, sell all or any portion of the Trust property and distribute the net proceeds thereof or they may distribute any of the assets in kind. The powers of the Trustees shall continue until the affairs of the Trust are concluded.
ARTICLE 15
THE YOUNG ARLINGTON COLLABORATIVE
(ART. 7, ATM – 4/25/22)
Section 1. Establishment and Purpose of the Young Arlington Collaborative
A. The Young Arlington Collaborative shall strive to engage with all of the youth and young adults that reside, attend school, or work in Arlington with the purpose of increasing their awareness of their local government and their participation in all aspects of it. The Young Arlington Collaborative shall also act as a conduit of issues and concerns of the youth and young adult population to Town Meeting, the Select Board, the School Committee, and the Town Manager.
B. The Young Arlington Collaborative shall be composed of a “Standing Committee” which shall serve as the coordinating and policy-making body and any number of working groups which will work with and report to the Standing Committee. The working groups, as well as any necessary ad hoc committees, may be established and disbanded by a vote of the majority of the Standing Committee members (or as consistent with Section 2 of this bylaw).
Section 2. Standing Committee Membership, Quorum, Administration & Organization
A. The Standing Committee shall consist of up to twenty-one (21) voting members appointed pursuant to subsection (1) below and a liaison from the Select Board who is the Secretary and non-voting member.
A quorum shall consist of a majority of the current voting Standing Committee Members, and all actions shall be made pursuant to a majority vote of members in attendance. The Committee shall organize for the conduct of its affairs and shall elect its own officers.
1. Standing Committee Membership
a. Two (2) Standing Committee members shall be selected from among the respective residents of each of the Town’s twenty-one (21) precincts
i. One (1) Standing Committee member from each precinct shall range in age from twelve (12) years through twenty (20) years (21 years minus 1 day). That Standing Committee member shall be recognized as the “Youth Member” for that precinct.
ii. One (1) Standing Committee member from each precinct shall range in age from twenty-one (21) years through thirty-nine (39) years (40 years minus 1 day). That Standing Committee member shall be recognized as the “Young Adult Member” for that precinct.
b. The first selection of representatives from each precinct shall be conducted by lottery from all names submitted directly to the Select Board office by any youth or young adult from their respective precinct or by any Town Meeting Member on their behalf.
c. Terms shall be for two (2) years.
d. Within eighteen (18) months of the first meeting of the Standing Committee, a presentation will be made to the Select Board seeking its approval for the process determined by the Standing Committee for selecting its subsequent cohort of members.
e. For one (1) year of a Standing Committee member’s term that member will be designated as the alternate, and that member shall vote in the Standing Committee meeting only when the other Standing Committee from the same precinct is absent.
f. Voting members of the Standing Committee
i. In odd-numbered years, the voting members for Standing Committee shall include the “Youth” representatives from precincts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, and the “Young Adult” representatives from precincts 2, 4, 6, 8, 10, 12, 14, 16, 18, 20.
ii. In even-numbered years, the voting members for Standing Committee shall include the “Youth” representatives from precincts 2, 4, 6, 8, 10, 12, 14,16, 18, 20 and the “Young Adult” representatives from precincts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21.
g. Only the voting members are required to attend Standing Committee meetings.
h. The Select Board liaison, which need not be a member of the Select Board, shall be chosen by the Select Board by September 1 after the passage of this Bylaw.
i. If Town Meeting Members of a given precinct fail to present candidates by September 1 after the passage of this Bylaw, the Secretary shall work with the Select Board staff to fill the vacancies with a residents from the respective precinct(s).
j. If no representative from a precinct attends a Standing Committee for six (6) months, the Secretary shall notify the Town Meeting Members from the respective precinct and being the process of replacing the absent representatives with two (2) other representatives for either the rest of the term, if over one (1) year, or for two (2) years plus the remainder of the term, if under one (1) year,
2. Standing Committee Quorum A quorum requires eleven (11) representatives from eleven (11) of the twenty-one (21) precincts. Only one (1) representative from each precinct may participate in the meeting as a voting member of the Standing Committee. Both representatives may attend any Standing Committee meeting, and both may speak when called upon by the Chair.
3. Voting at a Standing Committee meeting, each precinct shall have only one vote that is cast by the either representative of that precinct as set forth in Section 1(e) & (f) above.
4. Chair and Vice Chair
a. Upon convening the first meeting and on the anniversary of that meeting, thereafter, the first order of business shall be the selection of two (2) Co-Chairs.
b. One (1) chair shall be a Youth representative, and one (1) chair shall be a Young Adult representative.
c. The term for each Co-Chair shall be one (1) year.
5. Required Meetings For the first two (2) years, the Standing Committee shall meet at least six (6) times per year at the dates of its choosing.
6. Open Meeting Law Standing Committee Meetings shall comply with Massachusetts’ Open Meeting Law.
Section 3. Task Groups
A. The Standing Committee may authorize the creation of Task Groups on any subject at any time of its choosing.
B. Tasks Groups participants shall range in age between 12-39.
C. Groups participants may or may not be members of the Standing Committee and may or may not be Youth or Young Adult representatives from the precincts.
D. One (1) Youth and one (1) Young Adult member of the Standing Committee shall function as Co-Chairs for the first three (3) meetings of a Task Group, and they shall administer the election of the first Chair or Co-Chairs of Task Group at the Task Group’s fourth meeting.
E. Eligibility of participants to vote on administrative and procedural matters shall require a minimum attendance at three (3) meetings within the previous twelve (12) months or since the inception of the task group (whichever is shorter).
F. Task Groups function as forums for the exchange of ideas with no requirement of membership, quorums or authority to make reports or recommendations.
Nonetheless, Task Groups shall:
1. Post announcements of their meeting at least two (2) business days before the meeting.
2. Keep minutes of their meetings for presentation to the Standing Committee.
G. Votes on non-administrative or non-procedural matters by a Task Group shall require review by the Standing Committee or an Ad Hoc Committee of the Standing Committee. Examples of such votes include endorsements of warrants articles, and letters presented by other parties.
H. At least annually, following the election of its Co-Chairs, one or both Co- Chairs shall submit a report that includes the minutes and anything else of note to the Standing Committee. I. If a Task Group does not meet for twelve (12) consecutive months and does not submit a report to the Standing Committee, it shall be considered inactive and defunct.
ARTICLE 16
ARLINGTON CIVILIAN POLICE ADVISORY COMMISSION
(ART. 8, ATM – 04/25/22)
Section 1. Arlington Civilian Police Advisory Commission Established
There is hereby established an Arlington Civilian Police Advisory Commission, charged with serving as a civilian resource and forum for Arlington residents and visitors and members of the public, the Arlington Police Department, and other appropriate Town personnel.
Section 2. Purpose
The purpose of the Arlington Civilian Police Advisory Commission is to provide an opportunity for increased understanding and trust between the community and the Arlington Police Department, assist members of the public as a resource in the event they have complaints, concerns, or commendations about policing in Arlington or specific police personnel, and to provide the Arlington Police Department and Town management with a public forum for feedback about police personnel, policies, procedures and data.
Section 3. Commission Composition, Eligibility, Qualification & Terms
A. Appointment of the Commission
The Commission shall consist of nine (9) members, appointed by the Town Manager. To be considered for appointment members shall be nominated by the following public bodies, persons, or community entities:
1. One (1) member nominated by the Arlington Human Rights Commission;
2. One (1) member nominated by the LGBTQIA+ Rainbow Commission;
3. One (1) member nominated by the Disability Commission;
4. One (1) member nominated by the Board of Youth Services;
5. One (1) member nominated by the Envision Arlington Diversity Task Group co-chairs with the approval of the Envision Arlington Standing Committee;
6. One (1) member nominated by the Council on Aging;
7. One (1) member nominated by the Menotomy Manor Tenants Association; and
8. Two (2) members nominated by the Select Board
Nominating authorities are not required to nominate a member of their own body. The Manager shall notify the above “nominating bodies” of vacancies and expiring terms. If any nominating body fails to act upon a notification from the Manager within ninety (90) days or in the event a nominating body is inactive, the Manager may request the Select Board to make a nomination in their place.
B. Eligibility to Serve
1. All members of the Commission shall be Arlington Residents and as a total body, shall reflect racial, ethnic, gender, sexual, age, and other forms of diversity in Arlington. Additionally, the Town Manager shall appoint at least one member respectively with experience in one or more of the following areas:
a. Criminal defense or civil rights relative to police searches, arrests, or detainments;
b. Data Analysis; and
c. Working with underserved communities such as, but not limited to social workers, mental health counselors, or civil forms of legal aid.
2. The following persons are not eligible to serve on the Commission:
a. Current compensated employees of the Town, including Arlington Police Department police officers and employees;
b. Current or former municipal police officers (defined herein as “peace officers” employed by a municipal police department subject to certification under Massachusetts Law, including “An Act Relative to Justice, Equity and Accountability in Law Enforcement);” and
c. Immediate family members of current or former Arlington Police Department employees.
C. Qualifications for Service
1. In addition to all other requirements for appointment on the Commission under the general laws of the Commonwealth, members must receive initial and continuing training in the following subjects:
a. Arlington Police Department complaint and discipline procedures;
b. Arlington Police Department policy and operations;
c. Relevant State Laws regarding law enforcement accountability including “An Act Relative to Justice, Equity and Accountability in Law Enforcement;”
d. Filing civilian complaints and commendations about police conduct with the Commonwealth of Massachusetts and the Arlington Police Department;
e. Data handling and privacy;
f. Analysis of policing data;
g. Equity, cultural humility, implicit bias, and the significance of language access; and
h. Other topics the Commission deems relevant.
2. Commission members, as deemed appropriate by the Commission may also be required to participate in the Citizen Police Academy when offered, and participate in Arlington Police Department ride-along opportunities at intervals established by the Commission.
3. The Commission shall affix a reasonable period of time for appointed members to complete initial and follow-up training. Failure to meet training requirements within such period shall be grounds for removal.
4. The original Commission appointees shall be deemed qualified upon completion of requirements for all committees and commissions under the laws of the Commonwealth, and be afforded a reasonable time period to establish and complete training requirements for the Commission consistent with the foregoing.
D. Initial & Subsequent Terms
Member terms shall be for three (3) years, except that initial appointment terms of members shall be staggered such that three (3) initial appointees shall serve a one (1) year term; three (3) a two (2) year term; and three (3) a three(3) year term as designated by the Town Manager. Members shall serve until their successors have completed training and been sworn in to service.
E. Removal of Members
At the request of the Manager, members may be removed for cause by a vote of the nominating body.
Section 4. Administration and Operation
The Arlington Civilian Police Advisory Commission shall not meet or conduct business without the presence of a quorum, which shall require a majority of the members of the Commission at any given time. The Commission shall approve its actions by majority vote of the quorum, but in no event shall action be approved by fewer than 4 members.
Section 5. Duties and Responsibilities
A. General Duty
It shall be the duty of the Arlington Civilian Police Advisory Commission to serve as qualified advisors to the general public, the Arlington Police Department, and other Town staff with respect to policing in Arlington from a civilian perspective. The Commission shall serve as a technical resource for persons wishing to file specific complaints against or commendations of Arlington Police Department personnel, a forum for both positive and negative feedback about police conduct and policy in Arlington, and collaboratively engage the Arlington Police Department in its development or revision of police policies.
B. Specific Responsibilities
To fulfill its duties, the Commission shall specifically be charged with:
1. Establishing a process for community members to provide information about police interactions, both positive and negative, to the commission anonymously and non-anonymously;
2. Guiding community members through the civilian complaint or commendation process, including:
a. Providing education to a community member about options for filing complaints and commendations about police conduct;
b. Providing complaint and commendation forms to a community member;
c. Connecting a community member with appropriate town officials and committees;
d. Accompanying a community member to meetings
e. Following up with both the APD and the community member on any resultant investigation;
f. Providing periodic updates to a community member;
g. Collecting information about a community member’s satisfaction with complaint processes;
h. However, at no point in time shall Commission members individually or as a public body provide legal advice or representation, mental health counseling, or social services advocacy to community members engaging commission members for the purpose of filing complaints;
3. Working with the Arlington Police Department to regularly publish and analyze data which can offer insight into the quality and effectiveness of the department, especially in its interactions with the public, including but not limited to:
a. Complaints, including their nature, status and disposition;
b. Police use of force incidents, including all use of firearms;
c. Vehicle pursuits and traffic collisions;
d. Injuries and deaths in custody;
e. Stops, searches, citations and arrests, including demographic data;
f. Civil lawsuits and other claims brought against the town or department
g. Database of training; and
h. Database of awards and commendations;
4. Regularly reviewing Arlington Police Department complaint, investigation, and discipline policies and procedures, comparing them with the latest practices in other communities locally and nationally;
5. Regularly reviewing other Arlington Police Department policies and procedures, especially new or changing policies, and make recommendations to the Chief of Police, Town Manager, and the public;
6. Regularly reviewing the by-law creating this commission and make recommendations to Town Meeting;
7. Providing a yearly report to Town Meeting covering the work and findings of the commission as well as priorities for the upcoming year; and
8. Providing education to the public about policing and the Arlington
Police Department, their options for filing complaints and commendations, the complaint process and the various data they are charged with analyzing.
Section 6. Effective Date
Following Town Meeting approval of this bylaw, this Title shall take effect upon the approval by the Attorney General of the Commonwealth and compliance with bylaw advertising and notice requirements.