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1 <br /> M1 <br /> CHAPTER 4—ELECTED BOARDS AND §44. Legal Proceedings. The Selectmen shall <br /> COMMISSIONS have full authority as agent of the Town to <br /> employ counsel to institute and prosecute suits <br /> ARTICLE I—Board of Selectmen in the name of the Town, except suits on <br /> HISTORY:Adopted by the Town of Mashpee as bonds, notes or other securities given to the <br /> Ch.2,Article. 2.1, of the 1980 Code. Amendments Town Treasurer, and to appear and defend <br /> noted where applicable. suits brought against it and to appear in pro- <br /> ceedings before any tribunal, unless it is oth- <br /> §4.1. Composition;Term of Office. There shall be erwise specially ordered by vote of the Town. <br /> a Board of Selectmen consisting of five mem- <br /> bers elected for terms of three years each, so §4-5. Park Commissioners. The Board of <br /> arranged that the term of office of as nearly an Selectmen shall act as Park Commissioners <br /> equal number of members as is possible shall for the Town and shall have authority to pro- <br /> expire each year. mulgate rules and regulations for use of Town- <br /> owned parks, playgrounds, beaches, athletic <br /> §4-2. Organization. The Board of Selectmen shall facilities or any other recreational facilities. <br /> reorganize at their first regular or special No rules and regulations adopted shall conflict <br /> meeting following each annual election by the with this Code. The Selectmen shall have full <br /> selection of a Chairman, Vice Chairman and authority under applicable provisions of law <br /> Clerk, and notice thereof shall forthwith be to establish, adopt and impose fines and/or <br /> given to the Town Clerk. penalties for any violations of a rule or regula- <br /> History: Amended 8-25-1986 STM, approved by tion promulgated hereunder. Each violation <br /> Attorney General 10-17-1986. shall constitute a separate offense on each suc- <br /> cessive occurrence. The provisions of MGL <br /> §4.3. Powers and Duties. The executive powers of C. 40, §211), shall be applicable. <br /> the Town shall be vested in the Board of History: Amended 5-6-1985 ATM,Article 7 <br /> Selectmen, which shall be deemed to be the <br /> chief executive office of the Town. The Board ARTICLE II–Planning Board <br /> of Selectmen shall have all of the executive History: Adopted as Ch 2 Article 2.7 of the 19801 <br /> powers it is possible for a Board of Selectmen Code: <br /> to have and to exercise. The Board of <br /> Selectmen shall serve as the chief policy mak- §4-6. Membership; Terms: A Planning Board <br /> ing agency of the Town. The Board of consisting of five (5) members and one (1) <br /> Selectmen shall be responsible for the formu- associate member shall be elected for terms of <br /> lation and promulgation of policy directives three (3) years each. The elections shall be <br /> and guidelines to be followed by all Town arranged, commencing with the annual elec- <br /> agencies serving under it and, in conjunction tion of 2005, so that in each three year cycle <br /> with other elected Town officers and multiple the terms of two members shall expire in the <br /> member bodies to develop and promulgate first year, the terms of two members shall <br /> policy guidelines designed to bring the opera- expire in the second year, and the term of one <br /> tion of all Town agencies into harmony. member and the associate shall expire in the <br /> Provided however, nothing in this section third year. Whenever a member of the <br /> shall be construed to authorize any member of Planning Board is absent, or is unable to par- <br /> the Board of Selectmen,nor a majority of such ticipate in a particular matter due to a conflict <br /> members, to become involved in the day-to- of interest or other disability, the Chair shall <br /> day administration of any Town agency. It is seat the associate member to act during such <br /> the intention of this provision that the Board absence or disability. <br /> of Selectmen shall act only through the adop- <br /> tion of broad policy guidelines, which are to §4-7. Powers and Duties: The powers and duties 1 <br /> be implemented by officers and employees of the Planning Board shall be as stated in the <br /> serving under it. Charter and the General Laws of the <br /> Commonwealth. In addition, it shall make <br /> 105 <br />