Article IV: Finance

Section 1. District Finances

1. Annual Budget-setting Process.

Options include:

(a) The Board sets the budget prior to the end of December by a date certain and schedules a public hearing. Member towns should receive ample notice of the proposed budget and public hearing.

OR

(b) The Board appoints a Finance Committee with representation from town select boards and finance committees to create a proposed budget for consideration by the Member towns who should receive ample notice and a public hearing on the budget.

The Board shall prepare and approve a budget by majority vote, no later than December 31st of each year. Such budget shall be certified by the Board as to the costs allocated for each municipality to the assessors thereof.

2.Town Assessments: The Board shall determine annually, by majority vote, prior to the preparation and approval of a budget, the method and formula, by which costs and expenses shall be allocated and paid by each individual town. Member municipalities must pay the assessments until the next possible withdrawal date from the District.

(a) A population-based formula in which each town would pay X dollars per capita into the District. In turn each town would receive District services based on an as-needed basis.

OR

Town Assessments (Continued)

(b) A population-based formula similar to the one described above but the percentage of services distributed to each town would be based on a population based formulas as well.

OR

(c) A formula that is based on a determined percentage of the district’s services a constituent town wants to use (calculated by # hours). Said town’s fiscal contributions would be based on that percentage of the previous year’s budget or as agreed by all the towns.

OR

(d) A formula that is based on a determined percentage of the district’s services a constituent town has used over the past three years (calculated by # hours). Said town’s fiscal contributions would be based on that percentage of the coming year’s budget.

Section 2. Payment: Each town shall pay for its share of services as agreed upon. The Director shall submit warrants for payment which have been approved and ordered by the Board to the treasurer of each constituent town by the (put in day) which shall be paid to the District Treasurer within ______days. Failure of a member town to pay for services when due shall constitute a default and the Board may vote to remove the town from the District.

Section 3.Fiscal Year: The fiscal year of the District shall commence July 1st and end on the 30th day of the following June. The Board shall maintain such records and accounts, including property, personnel, and financial records to assure a proper accounting for all funds. These records shall be made available for annual audit purposes under the provisions of Sections 35, 40 and 41 of chapter 44 of the Massachusetts General Laws.

Section 4. Reporting

(a) Records of public health inspections, enforcement, and other work performed by the District’s staff must be reported promptly by the District to the Board of Health of the town concerned.

(b) Optional: District Staff will comply with all reporting requirements from the Massachusetts Department of Public Health and Department of Environmental Protection.

Article IV. Officers

Section 1.The officers of the Board shall be a Chairperson, Vice-Chairperson, Secretary and Treasurer or other additional officers as determined by the Board. The Treasurer shall be either the municipal treasurer of one of the constituent municipalities, the finance director of a regional agency serving as host agent for the District, or such other treasurer as designated by the Board. The chairperson shall be elected annually from among the Board members.The District Health Director, or his/her designee, will act as Secretary but shall have no vote.

Section 2. The Chairperson shall:

  • preside at all meetings of the Board.
  • call special meetings of the Board.
  • perform all acts and duties usually pertaining to the office.

Section 3. The Vice-Chairperson shall perform all the duties of the office of the Chair if the Chair is unable to serve.

Section 4.The Secretary shall:

  • keep a complete record of all meetings of the Board
  • serve all notices required by law and these by-laws
  • perform other such duties as may be required by the Board

Officers (Continued)

Section 5. The Treasurer shall:

  • Sign as Treasurer all checks of the District
  • Be responsible for the receipt and deposit in depositories designated by the Board of all funds of the District, and disbursal of same upon warrants approved and signed by the Director
  • Be responsible for the keeping of full and accurate accounts of all financial transactions of the District.
  • Submit a full report of all business matters pertaining to his/her office to the Board for preparation of next year’s fiscal budgetand make all reports required by law
  • Furnish a bond with sufficient security for the faithful performance of his/her duties, if not already required to do so as a host agent
  • Perform such other duties as may be required of him/her by law or requested by the Board.

Article V.Executive Committee (Optional)

Section 1. Composition: There shall be an Executive Committee. The Executive Committee shall consist of the Chair, Vice-chair, three members of the Board elected by the Board, the Treasurer and the Director, ex officio.

Section 2. Duties of the Executive Committee: The Executive Committee shall:

(a) Act for the Board in an emergency.

(b) Develop draft District policies for review by the full Board.

(c) Discuss all new proposals submitted by the Director and present them as an advisory committee at the next meeting of the Board.

(d) Discuss all new proposals submitted by the Director and present them as an advisory committee at the next meeting of the Board.

Section 3.Minutes: The minutes of any meeting of the Executive Committee shall be read at the following meeting of the Board. Draft minutes of the Executive Committee meetings shall be distributed prior to the following quarterly meeting with the notice for the quarterly meeting.

Article VI. The District Health Director

Section 1. Appointment: The Director shall be appointed by the Board and shall act as Health Officer in accordance with Section 27B of Chapter 111 of the General Laws of Massachusetts. The Director shall meet all qualifications for said position as may be established by the Massachusetts Departments of Public Health and Environmental Protection and in the guidelines for state regionalization incentive funding.

Section 2. Term: The Director’s reappointment shall be contingent upon available funding and satisfactory performance as voted upon by a majority of the Board.The Director may be removed for cause after notice and hearing by a majority vote of the Board. If the District is based at a Host agency, the Board may vote to hire and terminate staff in collaboration with Host Agency personnel staff and in accordance with Host Agency personnel policies.

Section 3. Duties: The Director shall act as an agent of the Board. The Director and staff shall perform such duties and receive such compensation as the Board shall determine and, insofar as the duties in any given town are concerned, shall be responsible to the board of health of said town.

Section 4. Supervision: The Director shall have charge of the employed personnel with the power to hire and discharge. If the District is based at a Host agency, staff supervision and performance appraisal will be done in accordance with Host Agency personnel policies.

No member of a Board of Health of a town in the District shall be an employee of the District.

Section 5. The Director shall prepare and deliver the agenda to members in advance of any meeting of the District.

Article VII. Host Agency

Section 1. Duties: The Board may vote to engage a governmental unit to act as the “Host Agency” for the District. Upon the vote of the Board, the Host Agency may provide the following administrative support services to the District:

  • Financial management, including providing an annual audit, payroll, health insurance and bill processing
  • Procurement services
  • Legal counsel
  • Personnel policies and benefits administration
  • Staff supervision to Director
  • Liability insurance
  • Provision of office space
  • Service as treasurer of District
  • Information technology support
  • Attendance at District Board meetings
  • District vehicle maintenance

Section 2. Administrative overhead: The Host Agency and the District shall enter into a written contract establishing the fees to be paid and the services to be provided.

Article VIII. Amendments

Section 1.These by-laws may be amended by a two-thirds vote of the entire membership of the Board at a meeting of the Boardafter thirty days’ notice, provided the proposed change shall have been sent to the Boards of Health and Select Boards of each member town and is posted in the District towns in compliance with the Massachusetts Open Meeting Law.

See next page for optional Articles for those including

Public Health Nursing.

Optional Nursing Article

District Public Health Nursing Service

Section 1.There shall be a subdivision of the District entitled the “District Nursing Service” whose primary functions shall include the provision of public health nursing services to those towns of the District.

Section 2.Board: The District Nursing Service shall be under control of the Board.

Section 3. District Public Health Nurse(s): The District Health Director shall appoint a District Director of Nursing, who shall report to the District Health Director, to administer the District Nursing Service. The Board shall be empowered to enter into agreements with other professional health care agencies. If the District is based at a Host agency, hiring and procurement of health care services will be done in collaboration with Host Agency staff and in accordance with Host Agency personnel and procurement policies.

Section 4: Nursing Advisory Committee: The District Nursing Service shall annually appoint a Professional Advisory Committee at the recommendation of the District Health Director and the District Nursing Director. This Professional Advisory Committee shall be made up of at least one physician and one registered nurse (preferably a public health nurse), appropriate representation from other professional disciplines, and the District Health Director and District Nursing Director of the Association as ex-officio members.

The Professional Advisory Committee and subcommittees will review, evaluate, and recommend policies governing total programs such as skilled nursing and other therapeutic services annually and bring their recommendations to the Board.