Author: Financial Management Resource Bureau
Town bylaws play an important role in informing and empowering municipal officials, employees, and residents. By adopting bylaws, a town can expand upon the minimal provisions for local governance set out in state statutes to establish its unique structure and procedures. In larger towns that also have a charter, the bylaws serve as a supplement that fills in further details but with greater flexibility for revision as circumstances may warrant. Greater risks for bylaw weaknesses often exist within very small towns. The combination of a higher proportion of elected positions, predominance of part-time staff, and less operational complexity can curb momentum toward the adoption and compilation of informative, well-developed bylaws in those communities.
All towns should strive to maintain bylaws that are complete, cohesive, and up to date. Key to formalizing relationships and responsibilities among town officials and employees, bylaws also help explain residents’ rights and obligations in their interactions with local government. A good set of bylaws defines the community’s government structure, appointing authorities, and major procedural components, such as those involved with developing the annual budget. In doing all this, they help to ensure continuity and consistency in local government despite officeholder transitions. On the other hand, bylaws that are sparse, haphazard, or contradictory create confusion that can undermine confidence in government.
The town clerk is responsible for maintaining permanent records of all the town’s legislative actions, including all adopted bylaws and locally accepted statutes. As a town’s general bylaws accumulate over time, local officials might identify provisions that are conflicting, ambiguous, or outdated and may recognize gaps in desired guidance. Periods characterized by numerous structural or personnel changes in town government might also prompt a reexamination of the bylaws. At these times, it is advisable for the select board to appoint a committee to undertake a formal project to review them as a whole.
A bylaw committee numbering three to five members and comprising a mix of residents and town officials tends to work best. In reviewing the bylaws, the committee’s goals should be to (1) remove inconsistencies and clarify vagaries, (2) modify bylaws as necessary to reflect the town’s actual framework and procedures, and (3) propose new bylaws that are informative and directive of the town’s existing or desired practices, allowances, and prohibitions. Below are recommended committee tasks:
- First ensure that all relevant documents are assembled, separating general bylaws from zoning and personnel bylaws.
- Review all existing bylaw articles and make decisions on which ones to retain, revise, or discard. Look for and resolve any contradictions among them, and remove references to any nonextant committees, boards, and positions.
- Seek to codify all standing boards and committees, describing their membership, terms, and responsibilities.
- If not codified in a town charter, it is also strongly recommended to adopt a bylaw that defines the role of the town administrator or town manager.
- Consider codifying fiscal procedures as well, such as the annual budget process and capital improvement planning.
- Examine the general bylaws of similar towns to discover the types of provisions that may be missing from the local bylaws and to view examples for organizing the document.
- Seek input from residents, employees, and officials through public forums.
As for the end-product, the revised bylaw document should:
- Be organized in a logical flow under topic areas with headings,
- Contain a table of contents listing all bylaw articles and subsections, and
- Include an appendix that contains a chronological list of all of the town’s special acts and locally accepted statutes.
Upon the completion of the committee’s work, the select board will vote on the bylaw changes and additions to present to the town meeting. Once approved by town meeting, the town clerk must then submit all new or revised bylaws to the Attorney General’s Office for validation to go into effect.
The DLS Financial Management Resource Bureau (FMRB) provides tailored consultative services to municipalities across the state. Articles in this series highlight a particular financial management best practice that we frequently recommend.
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Editor: Dan Bertrand
Editorial Board: Marcia Bohinc, Linda Bradley, Sean Cronin, Emily Izzo and Tony Rassias
| Date published: | March 21, 2024 |
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