ARTICLE 1: The John J. Bilafer Arlington Citizens' Scholorship Fund
ART. 27, A.T.M., 5/1/89; ART. 27, S.T.M, 5/15/95; ART. 58, A.T.M., 5/19/97, A.T.M. ART. 32 4/23/07
Section 1. Name
The John J. Bilafer Arlington Citizens’ Scholarship Fund, formerly the Arlington Citizens' Scholarship Foundation (ACSF), 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 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 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, A.T. M., 5/9/94
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 Chairman, Vice Chairman, 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 Chairman 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 Chairman 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
Chairman. 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 Chairman. 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 Chairman or upon written application to the Secretary or Chairman of not less than one-third in number of the committee members. The Secretary or Chairman 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 Chairman. 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, A.T.M., 5/4/98
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 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. Return to Top
ARTICLE 2: COUNCIL ON AGING
ART. 18, A.T.M., 4/27/92
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 Board of Selectmen, 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.Return to Top
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 Board of Selectmen. 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 Board of Selectmen 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, A.T.M., 5/3/93
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 four registered voters of the town appointed by the Moderator.
The Finance Committee and Moderator appointed members shall serve for a three year term commencing July 1, 1986, and said members shall be eligible for 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 Board of Selectmen. Return to Top
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 Board of Selectmen. 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 subcommittees which it deems necessary to assist in its work. Return to Top
ARTICLE 5: TECHNOLOGY ADVISORY BOARD
ART 47, ATM 5/17/04
Section 1. Membership
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. Duties
The regular members of the Board shall be appointed by the Board of Selectmen 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 his 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 Board of Selectmen 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, A.T.M., 4/26/89
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 Board of Selectmen 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: RECYCLING COMMITTEE
ART. 72, ATM, 5/1/91
Section 1. Membership
ART. 27, A.T.M., 5/1/95
There shall be an Arlington Recycling Committee to be appointed by the Moderator. The committee shall consist of 9 persons. The committee shall consist of the Town Manager or his or her designee, and 8 members to be selected from the registered voters of the town. The terms of appointment to the committee initially shall be 3 members appointed for 3 years, 3 members appointed for 2 years, and 3 members appointed for 1 year. All 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 the Recycling Committee is to advise the Town of opportunities to improve and expand recycling in the Town, to educate and advocate recycling, source reduction and reuse of waste to the citizens, offices and businesses of the Town, and to conduct research and programs to increase participation in recycling, composting, and proper disposal of waste.
Among other actions, the Recycling Committee should monitor the activity of the trash and recycling contractor and report any problem areas to the Director of Public Works, monitor collection of white paper in the Town for recycling, manage collections of household hazardous waste and inform residents of non-toxic alternatives to hazardous substances, and publicize the benefits of and opportunities for recycling and composting of waste in Arlington.
Section 3. Cost Effectiveness
In carrying out this mission, the Committee shall ensure that its recommendations are cost effective (or will become cost effective with sufficient participation), or are necessary to comply with state and federal regulations.Return to Top
ARTICLE 8: CULTURAL COMMISSION
ART. 21, A.T.M., 5/17/93
Section 1. Establishment of Cultural Commission
There is hereby established a Cultural Commission which shall consist of seven members all of whom shall be residents of the Town.
Six members, one of whom shall be a member of the Vision 2020 Culture and Recreation Task Group, shall be appointed by the Town Manager subject to the approval of the Board of Selectmen and one member shall be appointed by the School Committee. The respective appointing authorities shall consider for appointment, but need not appoint, persons recommended by the Vision 2020 Culture and Recreation Task Group for their initial appointments and, thereafter, persons recommended by the Commission. Two of the initial appointments by the town Manager shall be for a three year term, two for a two year term and two for a one year term. The initial appointment by the School Committee shall be for a three year term. After the initial appointment each term shall be for three years. Each member shall serve until their successors are
appointed and sworn. Unexpired terms shall be filled in the same manner as the initial appointment. The Commission shall organize for the conduct of its affairs and shall elect its own officers. 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.
Section 2. Duties and Responsibilities
The Commission 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. Recommend a long-term Cultural Plan for the Town and report annually on its progress;
E. 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;
F. Recommend policies to the appropriate authorities for the collection, preservations and care of public or Town owned art work;
G. Preserve and promote the cultural and artistic resources of the Town;
H. Work toward establishing Arlington as a significant cultural center;
I. Promote cultural education for all citizens regardless of age;
J. Serve as a vocal, strong and visible advocate for the arts throughout the Town, its schools and its other educational entities;
K. 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;
L. Recognize and honor Arlington citizens for outstanding service to the Town in the area of cultural affairs;
M. Take all actions which in its judgment will further the purposes for which it was established consistent with the above.
Section 3. Board of Advisors
The Commission may appoint from time to time a Board of Advisors and ad hoc committees which shall consist of such number as shall be deemed advisable by Commission members to serve at the direction of the Commission's members. Advisors and ad hoc committee members shall be non-voting consultants to the Commission, with any funds to compensate same provided by grants or gifts to the Commission.
Section 4. Staff Position and Office
The Commission may establish an office to manage the Commission's daily activities and may solicit a person or persons to perform this function. The Commission shall define the duties of this position which shall be entitled, Staff Director of the Arlington Cultural Commission. The Staff Director may be paid from any funds received through grants or gifts to the Commission. If no such funds are available, then the appointment thereto may be made on a volunteer basis. The appointment of the Staff Director will be by the Town Manager after considering the recommendation of the Commission and will be subject to the approval of the Board of Selectmen.
ARTICLE 9: HUMAN RIGHTS COMMISSION
ART. 22, A.T.M., 5/12/93
Section 1. Preamble
The Town of Arlington has formed Vision 2020 as a long-range planning vehicle; and Vision 2020 has established the Diversity Task Group; and The goal statement of the Diversity Task Group provides that:
"We value the diversity of our population. Our Town's mix of ethnic, religious and cultural backgrounds, as well as economic and personal circumstances, enriches us all. We will be known for the warm welcome and respect we extend to all;" and
One of the Diversity Task Group's recommendations is the formation of a Human Rights Commission; and
The Vision 2020 Standing Committee, the Fair Housing Advisory Committee, the Affirmative Action Advisory Committee, and others support the creation of such a Commission to foster the policies described in Section 2 below;
The Town of Arlington does hereby create 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 equal 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 his/her human and civil rights and to encourage and bring about mutual understanding and respect among all people 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, unlawful discrimination, threats, coercion or intimidation based upon an individual's race, color, religious views, national origin, gender, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military status, and the disorder occasioned thereby. Nothing in this Bylaw shall be construed as supporting or advocating any particular religious or political view or lifestyle.
D. It shall be considered an unlawful practice under this Bylaw for any person to deny, interfere with, threaten or subject an individual to coercion or intimidation concerning equal access to and/or discrimination in employment, housing, education, recreation, services, public 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, gender, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military 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 shall implement the policy of this Bylaw by:
1. Improving the life of the Town by 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;
2. Working with Town Government, the School Department, Town Commissions and Boards to increase diversity, as well as awareness and sensitivity to human and civil rights issues;
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
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 Board of Selectmen and four by the Town Moderator. The term of office shall be for three years except two of the initial appointments of the school committee shall be for a term of one year, one of the initial appointments of the Manager and Moderator respectively shall be for one year, two of the initial appointments of the School Committee shall be for two years, one of the appointments of the Manager and Moderator respectively shall be for two years.
The members shall be sworn to the faithful performance of their duties, and shall serve until their successors are appointed and sworn. There shall be and Executive Director appointed by the Town Manager.
2. The Commission shall include among its membership individuals publicly solicited and representative of the diversity of the Town.
ART. 23, A.T.M., 5/1/96
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.
D. Executive Director Before appointing an Executive Director, the Town Manager shall obtain the approval of the Board of Selectmen and 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.
Subject to the direction of the Commission, the Executive Director shall be responsible for the overall administration of the Commission's activities and shall serve as its executive officer. 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 his/her 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 from among its members at the first meeting each year. The Commission shall endeavor to rotate the election of a Chairperson each year thereafter.
The Chairperson 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 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.
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 himself or herself and his or her dependents excluding the use of criminal activities as a means of support.
G. The term "military status" refers to the actual or supposed condition being, not being, having been or not having been in the service of the military.
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, 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, gender, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military status.
2. Develop and/or recommend courses of instruction for presentation in public and private schools, public libraries and other suitable places, devoted to eliminating prejudice, intolerance, bigotry and discrimination and showing the need for mutual respect and the achievement of harmonious relations among various groups 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 of this Bylaw. Monitor, publicize and, where necessary, act to increase the diversity on appointed Town boards and committees.
5. Render each year to the Board of Selectmen, 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 complaints of and to initiate its own complaints and/or investigations of any violations of this Bylaw.
C. To attempt by mediation to resolve any complaint over which it has jurisdiction and to recommend to the Town Manager, the Board of Selectmen, 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, administer oaths, take the testimony of any person under oath 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 upon the Commission's request.
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 filing of any complaint, the Chairperson of the Commission shall designate the Executive Director or 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 Executive Director or the designated Commissioner(s), as the case may be, shall promptly file a report of such findings with the Commission, which shall determine whether or not 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 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 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 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 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.Return to Top
ARTICLE 10: THE CYRUS E. DALLIN ART MUSEUM BOARD OF TRUSTEES
ART. 23, A.T.M., 4/26/95
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 Board of Selectmen 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 Board of Selectmen 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 Board of Selectmen 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 chairman, vice-chairman, 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 Board of Selectmen. 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 Board of Selectmen 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.
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