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1997-11-04 By-laws BEVERLY COUNCIL ON AGING .'~ 90 COLON STREET BEVERLY, MA 01915 TEL. (978) 921-6017 FAX (978) 927-8397 Memorandum Date: 07/31/98 To: Mr. Tom Scully, Director, Community Services From: Leslee Breen, Director.~R I RE: REQUEST FROM P~ G LMORE Per Peters request in his July 29, 1998 memorandum, enclosed please find the by-laws for the Council's Board of Directors. Per his correspondence, this information should be kept on file at your facility. Thank you for your assistance with this matter. Please contact me if you have any questions. :lb Enclosure BEVERLY COUNCIL ON AGING SENIOR COMMUNITY CENTER 90 COLON STREET BEVERLY, MA 01915 TEL: (978) 921-6017 FAX: (978) 921-6079 CITY OF BEVERLY MASSACHUSETTS COUNCIL ON AGING RULES Revised and Adopted October, 1997 RULES OF BEVERLY COUNCIL ON AGING ARTICLE I NAME, PURPOSE, OFFICE & POWERS The name of the organization shall be Beverly Council on Aging. The Beverly Council on Aging was formed pursuant to City of Beverly Ordinance for the purpose o~promoting and providing transportation for the Elderly, Handicapped and Needy who live in Beverly as well as to promote facilities for the health, education, welfare and recreation pursuant to Mass. GL c40/8B. The Council on Aging will coordinate and carry out programs designed to meet the problems of the aging in coordination with the programs of the Massachusetts Department of Elder Affairs. The principle office of the Council shall be located at the Senior Center, 90 Colon Street, Beverly, MA 01915 The Council shall have all the powers and privileges granted to similar Councils under the General Laws of the Commonwe_-,3!th of Mar,-~ehu-?t_t_s, ARTICLE II PARTICIPATION Participation in the activities sponsored by the Council is open to any individual who has attained the age of 60 and is a resident of Beverly. To fill quotas or space in any activity, underage people will be considered on space available (unle. ss it is restricted to seniors only). The Council is not a membership organization and participation does not require any dues as such, but special activities, such as trips or some entertainment may require payment of costs for transportation, meals as the entertainment provides. ARTICLE III GOVERNANCE Section 1 General Powers The Council powers, properly, and affairs, shall be conducted and controlled by the Council of Nine (9) or more directors, seven of whom shall be appointed by the Mayor of Beve~y for a term of three (3) years or until replaced by the Mayor unless otherwise removed in accordance with City of Beve~y Ordinance Section 2-401. Section 2 :- A representative appointed by the Beverly Housing Authority and Beverly recreation department shall also serve on the Council.. Section 3 The 'Council on Aging may create such committees from its members as they shall from time to time deem appropriate. The committees may include, but are not limited to an Administration Committee, a Finance Committee, a Nomination Committee, and a Transportation Committee. Each Committee shall not exceed three (3) members who shall elect their own chairperson. Reports of Committees shall be signed by Chairperson of Committee and Chairperson of the Council on Aging. Section 4 Vacancies The Mayor may fill vacancies occurring on the Council by reason of resignation, death, disability or removal of a board member, to finish the term of the predecessor. The Council shall have the authority to recommend removal of a Council member who fails to attend regular monthly meetings on three (3) consecutive months or more than six (6) meetings in a year. If any person appointed to serve as a member of the Council on Aging shall fail to attend three (3) or more consecutive meetings or all of the Council meetings held during four (4) calendar months, or one-half or more of all Council meetings held in one (1) calendar year, the remaining Council members may by a majority of their number declare the office to be vacant, provided that the Council member to be removed has received in writing ten days in advance by registered mail, a notice of such proposed vote in accordance with Sections 3-4 and Section 8 of the Beve~y City Charter. The Mayor shall be informed in writing of the vacancy. The Mayor shall have 30 days to make a new appointment. If that is not done the Council can select someone to fill the unexpired term of the vacant Council member by a majority vote. Other removals and s-aspensions Of Council members shall be in accordance with Section 8-15 of the City of Beverly Home Rules Charter. Section 5 The Council Meetings A meeting of the Council shall be held on the first Tuesday of each month at such place within Beverly and at such hour as shall be designated in a written notice, which shall be issued not less than forty-eight (48) hours before a special meeting. All meetings of the Council and its Committees shall be open to the public and the media, according to the requirements of the Open Meeting Law of the Commonwealth of Massachusetts and shall be timely posted at City Hall forty -eight (48) hours before the meeting. Executive sessions may be held as authorized by law. Section 6 Quorum A quorum consists of not less than five (5) of the nine (9) members. The quorum at a meeting shall control all matters, unless otherwise specified in the Council Rules. ARTICLE fV OFFICERS Section 1 Election The Council shall elect from its members a Chairperson, Vice-Chairperson, and a Clerk/Secretary. Election shah be held annually in July and implemented in August. Section 2 Chairperson The Chairperson or in the absence of same, the Vice-Chairperson, shall preside at all meetings of the Council. The Chairperson shall co-sign all Council documents or instruments together with the Chairperson of presiding committee and shall make signed reports to the Council. The Chairperson shall act as spokesperson for the Council in its relations with the public and city officials. Section 3 Vice-Chairperson In the absence of the Chairperson or in the event of death or disability of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson until the completion of the Chairperson's term. Said Vice-Chairperson shall have the powers of and be subject to all the restrictions upon the Chairperson, otherwise Vice-Chairperson shall perform such duties as may be assigned by the Council or delegated by the Chairperson. No official meeting shall be held without the Chairperson or Vice-Chairperson present. The vacant seat on the Council will be filled pursuant to Section 8-14 of the City Charter. Section 4 Clerk/Secretary The Clerk/Secretary shall direct the Executive Director to issue notice of all meetings as provided by these By-Laws, shall keep or cause to be kept minutes of all meetings, shall have custody of the books and records of the Council except as they shall have been vested in some other office, and shall perform such other duties as are incident to this office or are properly required by the Council. All records under the custgdy of the Clerk/Secretary shall be maintained as public records and filed in a secure manner at the Senior Center. A copy of the records must be deposited with the City Clerk and at the Beverly Public Library. ARTICLE V STAFF Section 1 Executive Director The Executive Director shall be the chief of staff and administrative officer of the Council and shall perform and/or manage and supervise other employees in the daily routine of the Council other than the policy-making decisions and shall perform such other duties as may be assigned by the Council or delegated by the Chairperson. All such assignments from the Board to the Executive Director or members of the staff shall be transmitted only through the then Chairperson of the Council to the Executive Director. Section 2 The Executive Director shall attend and make a report at each meeting of the Council and shall make recommendations relative to employment of and duties of staff, the budget, Council policy and programs offered. The Executive shall issue a notice of all Council meetings, committee meetings, communications meetings, and shall post public notices for all meetings as may be required by these Rules. Section 3 Indemnification Against Liability The members of the Council shall be indemnified to the fullest extent provided by law. Any Council member may obtain from the City Solicitor a written statement of the nature and extent of such indemnification. Section 4 Rules of Order All meetings of the Council and its committees shall proceed in accordance with the rules set forth in Roberts' Rules of Order Revised, where such procedures are not inconsistent with provisions of these Council Rules. Section 5 Amendments to Council on Aging Rules These Rules may be amended by the affirmative vote of two-thirds (2/3) members of the Board present at a legally constituted meeting of the Council provided however, that a written copy of the proposed amendments to the Council Rules shall have been sent to all members of the Council with the notice of the meeting at the time provided herein for such notices. No Rule or amendment shall be adopted that is inconsistent with the City Charter. Section 6 Open Books and Records All records, Accounts, Audits and other operational and fiscal documents of the Council shall be open to the public in every respect. Any individual, organization or agency desiring to inspect such records shall provide reasonable notice to the Executive director who shah make such records available and report the action to the Council. Any costs incurred in connection with the duplication of material sought shall be paid by the requesting party or as otherwise provided by law. Section 7 A full report of expenditures shall be submitted to the monthly meetings and be sufficiently detailed as to provide a clear understanding of amounts. In this way a distinction can be made as to their application, whether they be used for senior citizens' purposes or necessary expenses. THE RULES OF BEVERLY COUNCIL ON AGING AS REVISED AND ADOPTED OCTOBER 1997 ARE ACCEPTED BY THE FOLLOWING MEMBERS OF THE BEVERLY COUNCIL ON AGING ON THIS DATE, NOVEMBER 4, 1997