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Needham counsel proposes edits to Select Board appointment policy after AG guidance
Summary
Town Counsel presented draft revisions Jan. 27 to the Select Board's appointment policy to align joint-appointment practice with an Attorney General finding. Revisions clarify that coordination with other boards must comply with the Open Meeting Law and cite G.L. c.41, s.11; the board discussed options for written intake forms, executive-session preliminary interviews and safeguarding applicant privacy.
Town Counsel reviewed recommended revisions to the Select Board's appointment policy on Jan. 27 after an Attorney General's Office finding regarding a previous joint appointment process.
The proposed edits make explicit that coordination between the Select Board (typically the vice chair) and any other board participating in a joint appointment must comply with the Massachusetts Open Meeting Law. Counsel recommended citing G.L. c. 41, s. 11 (which authorizes joint appointments) and changing mandatory language ("shall meet") to permissive ("may meet") so the vice chair retains discretion.
Counsel explained options to preserve committee input while avoiding open-meeting concerns: committee chairs may provide written intake forms describing meeting cadence, desired qualifications and logistical needs; preliminary screening interviews can be conducted in executive session (if narrowly permitted under the Open Meeting Law) and the subcommittee may deliberate in executive session before advancing finalists in open session. The discussion also covered retention and release of executive-session minutes or recordings and best practices for staff to assist with intake to avoid inadvertent serial communications that would constitute an unposted meeting.
Board members expressed a desire to preserve meaningful committee input without creating onerous posting and scheduling obligations for every volunteer appointment. The board did not adopt a policy text at the Jan. 27 meeting; counsel's edits will be revised for future consideration.
