Administrative Code

Town of Canton

Administrative Code

Town of Canton
                              Board of Selectmen
                              Administrative Code

Introduction:
The Board of Selectmen of the Town of Canton recognizes: the need to codify the
traditional and accepted working relationships among the members of the Board, between
the Board and their administrative personnel, the Board and other elected and appointed
Town boards, committees, officials and citizens; the need to systemize and reduce to
writing the Town’s public policies and procedures; and the need for the Board to operate
effectively as a unit. Toward these ends, the Board recognizes that it will be well served
by a system of policies, collectively, the Administrative Code, to communicate its
decisions and actions, and thus hereby undertakes to create operating procedures for the
Board of Selectmen that must evolve and be created over time to best serve the
community.

The policies and procedures set forth in this Administrative Code are intended to provide
guidance and helpful assistance for the administration of Town affairs and are not
intended to be all-inclusive. The Administrative Code is also not intended to be binding
in the same manner as rules and regulations, although certain references within arise from
requirements of applicable statutes, laws, rules or regulations. In the event of any
conflict between the policies set forth in this Administrative Code, and any State or
federal statute or law, or any local by-law, rule or regulation, such State or federal statute
or law, or local by-law, rule or regulation shall govern. The Administrative Code does,
however, have behind it the support and endorsement of the Board of Selectmen as the
chief policymaking Board of the Town, and as such carries with it such authority as they
may legally exercise.

The Executive Office, headed by a Town Administrator, is responsible for the
maintenance and implementation of all policies and procedures, for updating the
Administrative Code with new and amended policies, and for ensuring that copies of the
Board’s policies and procedures are distributed and communicated to the newly elected
Board members. Copies of the Administrative Code shall be timely and conveniently
made available to the public at the Executive Office, Office of the Town Clerk and the
Town’s web site, subject to local by-laws governing their reproduction.

Establishment of Policies and Procedures
  I.    General
The Select Board, acting as the chief elected officials of the Town, are responsible for the establishment of
policies and procedures as guidance in the operation of the Town.

The Board may create, revise, amend and/or abolish any or all the policies according to the procedures listed
below. All policies and procedures herein are subject to all applicable federal, state, and local laws, by-laws,
rules, and regulations.

   II.  Policy Introduction, Approval, Amendment/Revision, and Deletion Process
Any new draft policy, or a proposal to amend or delete an existing policy, may be initiated by a member of the
Board, designated administrative staff or by a citizen of the Town by requesting that the Chair provide for
discussion of any such proposal at a public Board meeting. The Board may schedule any future hearing or
meetings it deems necessary for discussion if the policy suggestion, amendment, or deletion has merit and would
further serve to implement operational efficiencies and accountability within municipal departments under the
Board’s authority. The Board shall distribute any such draft proposal for comment to appropriate officials, as it
deems necessary. It shall notify any multiple member bodies including boards, committees and/or commissions,
or employees who may be affected by any final adoption of a policy. The Board shall also advertise through
local media, including the Town website, any meeting introducing the possible addition of a new policy, and/or
the amendment or deletion of an existing policy.

The Board shall not vote on a policy at the same meeting at which it is first introduced. A majority vote of the
Board shall be required for the deletion or amendment of any existing policy or for the adoption of any new
Board policy. A new or revised policy adopted by the Board shall take effect fourteen (14) calendar days after
adoption and shall be carried out until it is rescinded or amended. Any deleted Board policy shall remain in
effect for fourteen (14) calendar days after the vote to delete it. Any department impacted by a new or amended
policy will be notified prior to implementation.

The Executive Office shall be responsible for the maintenance of all Select Board administrative policies and
procedures, and distribution to the newly elected Board members and the public when requested. The policies
and procedures will be posted on the Town’s website.

  III.  Emergency Clause
Should the Chair, acting on behalf of the Board, declare a state of emergency or the existence of a hazardous
situation, any relevant provision within the policies and procedures may be waived if necessary to react
appropriately to the specific situation.

  IV.   Waiver Clause
While the Board shall strive to follow the process delineated within this policy for the amendment or deletion of
an existing policy and the adoption of a new policy, the Board recognizes that there might potentially be
unforeseen circumstances in the future. As such, the Board reserves the right to waive any provision or policy
within the should the need arise. This may be accomplished in a legally convened Board meeting with
“supermajority” or four-fifths (4/5) vote of a five-member Board.

Powers, Duties, and Obligations of the Select Board

  I. Authority
The Select Board is an elected Board and derives its authority and responsibilities from the statutes of the
Commonwealth of Massachusetts, the by-laws of the Town of Canton, and the voters of Canton. Board
members are regular municipal employees for the purpose of MGL c.268A.

 II. Election and Certification
The Board consists of five (5) duly elected members. Before assuming official duties, each newly elected
member shall be duly sworn in by the Town Clerk as early as practicable after the close of any election and the
winner is certified by the Town Clerk as having received the most votes, or otherwise as stated under
appropriate statutory authority.

 III. Vacancies on the Board
When a vacancy occurs in the membership of the Select Board, the Board’s remaining members shall either call
a special Town election to fill the unexpired term or leave the position vacant until the next regular election in
accordance with MGL Ch. 41 §10.

 IV.   Select Board
The Board is responsible for general oversight, policy development and implementation, and municipal service
delivery of those departments and operating agencies under its control and authority. Such authority is granted
because of general statutory authority and local by-laws. The Board is responsible for oversight of municipal
departments that are not otherwise supervised by the other elected officials. The authority to provide direct
oversight and regular supervision of these municipal departments is delegated to the Town Administrator. For
the purposes of collective bargaining the Board is recognized as the employer. The Board shall strive to refrain
from involvement in day-to-day operations of the Town government. Concerns and questions about the
operation of a department and/or its employees, and suggestions for improvements should be addressed to the
Board via the Town Administrator.

 V.     Town Administrator
The Town Administrator shall work under the supervision and guidance of the Board in the formulation of
policy and oversight of department personnel, service delivery, municipal operations, and adherence to Board
policy. The Town Administrator shall supervise and oversee the day-to-day service areas of the Select Board.

The Town Administrator must maintain a close working relationship with all members of the Board and all
municipal department heads. The Town Administrator shall brief the Board on all prominent issues either
verbally and/or in writing on a regular basis.

It shall be the policy of the Board to require a super-majority vote of the Board to not renew or terminate any
Town Administrator or individual Department Head engaged via an individual employment agreement.

VI.      Board Code of Conduct
      1. A member of the Select Board, in relation the community should:
         a) Uphold the Constitution of the United States of America and the Commonwealth of Massachusetts,
            federal and state laws, and Town policies and by-laws.

b) Carry out their mandated responsibilities and develop Town policy related thereto, with general
      administration delegated to a Town Administrator and a department heads team.
   c) Act as a member of a team. Abide by Board decisions once they are made. Each Board member
      reserves the right to speak from a minority position on any issue but agrees and understands that they
      cannot act alone inconsistent with a Board policy nor in the absence of one.
   d) Be well-informed concerning the duties of a Board member on both the local, state, and federal
      levels.
   e) Always represent the entire community when establishing policies and realize that their primary
      responsibility is to all Canton residents.
   f) Accept the office of Select Board as a means of unselfish service, and to not benefit personally or
      politically from Board activities. Conduct official business without improper influence.
   g) Demonstrate respect for the public that they serve.
   h) Safeguard confidential information.
   i) Conduct themselves to maintain public confidence in local government.
   j) Unless specifically exempted, conduct the business of the public in a manner that promotes open and
      transparent government.
   k) Avoid political patronage by judging all candidates for appointments on merit, experience, and
      qualifications only.
   l) Abide by the ethics established by the state of Massachusetts

2. A member of the Select Board, in relation to Town Staff should:
   a) Endeavor to establish sound, clearly defined policies that will direct and support the administration
      for the benefit of residents, businesses, and organizations of the community. Recognize and support
      the administrative chain of command. Refrain from giving instructions to or requesting assistance
      from Town staff, but channel all such activities through the Town Administrator. Treat all staff as
      professionals and respect the abilities, experience, and dignity of everyone.
   b) Provide department heads appropriate responsibility and authority for discharging their duties

3. A member of the Select Board, in relation to the Town Administrator should:
   a) Give the Town Administrator appropriate responsibility for discharging their responsibilities and
      duties as assigned by the Board and as required by the position.
   b) Recognize and support the administrative chain of command and refuse to act on complaints as an
      individual outside the administration.

4. A member of the Select Board, in relation to fellow Board members should:
   a) Recognize that only action at official legal Board meetings is binding and that one member alone
      cannot bind the Board outside of such meetings and has no local or statutory power or authority to
      do so, nor shall any Board member direct the services or activities of any department as an
      individual member of the Board in the absence of official action.
   b) Not make statements or promises on matters of Select Board authority until the matter is discussed at
      an open meeting.
   c) Uphold the intent of Executive Session and keep confidential the privileged communication that
      exists in Executive Session and in all legal matters facing the Town.
   d) Ensure confidentiality in all legal matters facing the Town once the Board decision or any such legal
      matter is made.
   e) Make decisions only after all the facts on a question have been presented and discussed.
   f) Respect the rights of all members of the Board despite differences of opinion.

The Board shall enforce the Code of Conduct. Any Select Board member violating the Code of Conduct may be
 removed from committee assignments by the Chair and may be subject to public censure by the Select Board.
 During a meeting, the Chair may, after an initial warning, remove a member from a meeting who acts in an
 inappropriate manner, is unruly or disorderly.

VII. Compensation
Each member of the Board shall be compensated annually as determined by the vote of the Town Meeting.
Members of the Board are entitled to reimbursement of expenses that are incurred while attending meetings and
conferences in carrying out their duties related to their function as Board members as provided in the
Massachusetts General Laws.

VIII. Organization of the Board
 The Chair shall be elected annually at the first regular meeting following the close of Annual Town Meeting,
 but no later than 30 days after the opening of Annual Town Meeting. If for any reason the Annual Town
 Meeting is not held beginning on the second Monday in May, the Board shall reorganize at the first regularly
 scheduled public meeting following the second Monday of May. The Chair’s term shall be for one (1) year,
 although the Board may remove the Chair with just cause at any time by a super-majority vote. The Chair shall
 not serve for two consecutive years. A majority vote shall constitute an election for chair. Nominations require
 no second. The immediate past Chair shall preside as Chair pro tem until the new Chair is elected. If there is no
 immediate past Chair, the senior member in terms of current service shall serve as Chair pro tem. In the case of
 members with the same amount of seniority, any member receiving more votes in the most recent election shall
 serve as Chair pro tem. If a vacancy occurs in the office of Chair, the Board shall elect a successor within a
 reasonable period following the vacancy. The Board shall further appoint a Vice-Chair and Clerk under the
 same provisions stated for the Chair.

 IX.      Responsibilities of the Chair
       1. The Chair of the Board shall:
          a) Preside at all meetings of the Board, maintain order in the meeting room, recognize speakers, call for
             votes, and preside over the discussion of agenda items and being guided by Robert’s Rules of Order,
             except as modified herein.
          b) Sign official documents that require the signature of the Chair, following a vote of the Board if
             required.
          c) Call special meetings in accordance with the Open Meeting Law.
          d) Prepare agendas with the Town Administrator.
          e) Arrange orientation for new Board members.
          f) Represent the Board at meetings, conferences and other gatherings unless otherwise determined by
             the Board or delegated by the Chair.
          g) Serve as spokesperson of the Board at Town Meetings and present the Board’s position unless
             otherwise determined by the Board or delegated by the Chair.
          h) Be empowered to declare a state of emergency or the existence of a hazardous situation on behalf of
             the Board. All Board members shall, however, be informed of all details relating to a state of
             emergency or any hazardous situation.

The Chair shall have the same rights and privileges as other Board members including offering motions and
 resolutions, discussing questions, and voting thereon.

  X.     Responsibilities of the Vice-Chair
 The Vice-Chair of the Board shall act in the place of the Chair during their absence from meetings. Should the
 Chair leave the office, the Vice-Chair shall assume the duties of Chair until the Board elects a new Chair.

  XI.   Responsibilities of the Clerk
 The primary function of the Clerk is to sign appointment cards and other official documents including meeting
 minutes and ensure that all are appropriately dated and signed by all Board members at the time of their
 signature.

XII. Regular Board Meetings
Regular Board Meetings shall be held twice monthly on Tuesday evenings. A bi-annual schedule of meetings
will be set by the Board and publicly posted. The schedule will be subject to change. All meetings shall be held
in the Salah Meeting Room located at 801 Washington Street, Second Floor, Memorial Hall unless otherwise
specified by the Board. Meetings shall be broadcast and livestreamed when possible. The Board shall not meet
on those days designated as legal holidays or when elections are held. The Board does also meet frequently in
special meetings throughout the year for a variety of municipal and community purposes.

XIII. Special Meetings
 A meeting called for any time other than the regular meetings shall be known as a “Special Meeting.” The same
 rules as those established for regular meetings shall apply. Special Meetings may be called provided that a
 majority of the members agree to meet, and all members of the Board are notified.

XIV.     Working Meetings
 The Board may conduct informal “working sessions” from time to time as the situation warrants. Such meetings
 shall be posted in accordance with the Open Meeting Law, and no official action/votes shall be taken. A
 synopsis of transactions for informal meetings shall be made as a part of the minutes of the following regular
 meeting.

XV.    General Meeting Procedures
The Select Board may function only when acting as a Board in a legally constituted session. The Board
functions as a body in all policy decisions and all other matters as required by law or determined by a vote of
the Board in formal session. Select Board members are elected officials with responsibility to represent all
segments of the community and there should be no restraint in the proper and reasonable exercise of this
responsibility. Meetings are to be conducted in accordance with accepted rules of parliamentary procedure and
the Open Meeting Law. Robert’s Rule of Order is used as a guide in matters requiring clarification of definition
or procedure.

 Action on critical or controversial matters and the adoption of policy or appointments shall be taken with the
 full Board in attendance when practical. Actions and decisions shall be by motion, second and vote. Split votes
 shall be recorded by Board member name. Any member of the Board reserves the right to speak from the
 minority position on any issue. Immediately following an official vote of the Board, any member of the
 minority position may present a dissenting opinion for the record. However, all members of the Board are
 bound by the official vote of the Board on all issues until such time as the Board subsequently votes to alter its
 previous decision.

The Town Administrator is expected to attend all meetings of the Board unless written notice is provided to the
  Board. The Town Administrator shall attend to keep the Board informed and advised and recommend all
  matters that fall within the authority of their position or when otherwise directed or requested by the Board. The
  Town Administrator shall carry out the directives of the Board as they relate to the conduct and administration
  of Town affairs under the Board’s authority.

XVI.    Executive Session
 Any Executive Session meeting must be posted according to the Open Meeting Law. Only items allowed under
 the Open Meeting Law shall be included in the Executive Session. The Board must specify in any motion to
 enter Executive Session the reason the session is called. A majority of the members present must vote to enter
 the Executive Session by roll-call vote. The Chair must state whether the Board will reconvene into open
 session.

XVII. Agenda Procedures
 The responsibility for coordinating, planning, scheduling, and approving agenda items for any Board meeting
 shall rest with the Town Administrator subject to Board approval. Each member of the Board may place items
 on the agenda. The Town Administrator, in consultation with the Chair, shall schedule a realistic time for each
 presentation, appointment, interview, conference, or other scheduled item of business.

  All items for the agenda must be submitted to the Executive Office by 12:00 p.m. on the Thursday preceding
  any regularly scheduled meeting including any written material or references to be presented. Items of
  emergency or strictly routine nature that develop after closing of the agenda may be considered under “other
  business.”

  Agenda order of business shall normally include:
     1. Call Meeting to Order
     2. Public Hearing/Special Topic Presentations
     3. Action Items - New Business (i.e., appointments)
     4. Action Items - Old Business
     5. Other Business (i.e., Water/Sewer Commitments or “emergency items”)
     6. Accept Minutes
     7. Information/Public Announcements
     8. Public Comment/Correspondence
     9. Adjournment
     10. Executive Sessions – As needed.

  A public comment period is a time during a Select Board meeting when Town residents may bring matters
  before the Select Board that are not on the official agenda. Public comments not related to an agenda item may
  occur only during any time in a meeting designated by the Select Board as a public comment period.

  The Select Board is not required to include a public comment period during any Select Board meeting. Total
  time for the public comment period shall be fifteen (15) minutes. Total time for everyone to speak during the
  public comment period shall be three (3) minutes. No public comment may be made until the speaker is
  recognized by the Chair. All public comments shall be addressed to the Chair. Each speaker recognized by the
  Chair to speak during the public comment period shall state their name and address. Except in emergencies, the
  Select Board will not normally take any action at that time on matters raised during a public comment session.

The public comment period is not intended to be a question-and-answer session. At the Select Board’s
  discretion, matters raised during a public comment session may be directed to the Town Administrator or may
  be placed on a future agenda, allowing all viewpoints to be represented before the Select Board takes any
  action. The public comment period is asked to be conducted in an orderly and peaceable manner. All
  individuals wanting to speak are encouraged to maintain “order and civility” and to present their remarks in a
  respectful manner. No person may disrupt a speaker or other person during the public comment period. If, after
  a clear warning from the Chair, a person continues to disrupt the public comment period, the Chair may order
  the person to withdraw from the meeting. If the person does not withdraw, the Chair may authorize a constable
  or other officer to remove the person from the meeting.

  A member of the Board should feel free to request the tabling of an item they wish to consider allowing for the
  careful study of the material presented or the motion proposed. Any request for additional time before “Board
  action” shall be granted, unless a unanimous a four-fifths majority vote of the Board decides otherwise.

  An agenda shall be posted for public view at the office of the Town Clerk and on the Town website 48 hours
  (not including weekends and holidays) in advance of the Select Board’s Meeting and in accordance with the
  Open Meeting Law. Every effort will be made to have copies of the minutes of the previous meeting and all-
  important correspondence, reports and other pertinent background materials shall be forwarded with the agenda
  to the Board members.

  In the interest of public participation, the Board shall not begin discussion of or act on an agenda item after
  10:00 p.m. of a regularly scheduled meeting. This rule may be waived by a unanimous vote of a three-member
  Board, or a supermajority vote of a five-member Board.

XVIII. Minutes
  The Town Administrator shall ensure that there is a recording of all open meetings of the Board until
  transcription is completed. The Board shall record minutes of all meetings as required by MGL Ch. 39.

  When possible, minutes should be circulated to members of the Board on or before any Thursday for approval
  at the next regular meeting of the Board. By unanimous consent, minor corrections may be made to the minutes
  without advance circulation of such corrections.

  Minutes shall contain a full statement of all actions/votes taken by the Board and of the disposition of all
  proposals for action. Approved minutes shall be recorded and stored as permanent records. Minutes of
  Executive Sessions shall be separately kept and recorded in accordance with the above procedures. Minutes
  (other than those of Executive Sessions) are open for public inspection. Executive Session minutes shall be
  made available to the public as required by the Open Meeting Law and Public Records Law or when the
  purpose of the Executive Session is no longer valid.

 XIX.     Appointments (non-Employee)
  The Board makes numerous appointments to boards and committees each year. Appointments are made for one
  (1) or three (3) years in length. In no case may appointments be made for more than three (3) years unless
  specifically allowed by State law. Each appointee shall serve the full length of their appointed term, subject to
  applicable local and State rules, regulations, laws, and by-laws and performance standards established by the
  Board. Any reappointment is at the Board’s discretion. Reappointments are made on or about May 1 of each
  year.

Whenever possible the Board shall seek diversity, including, for example, in backgrounds, interests, ages,
gender and geographic areas of residents, so that a true cross-section of the community will be reflected.
Appointments should be based on merit and qualifications rather than political considerations.

When an at large /citizen seat becomes available on a board or committee, the Board will seek to fill the
position a as soon as practical. To attract qualified and interested people, advertisements for the vacancy should
be made at the Select Board meetings, the local newspaper, Cable TV, the Town website, social media, and any
other method relevant at that time. Advertisements should include a description of the committee’s mission,
goals and activities, preferred qualifications, approximate time commitment, current committee members and
contact information for the chair for applicants to ask additional questions.

The deadline for applications should be set two (2) weeks before the date of the meeting where applications will
be considered. The Board reserves the right to interview candidates upon receipt of application.

The Board shall consider reappointments of candidates on board whose terms are expiring, should they accept
the reappointment. The Executive Office shall:
Provide by February 1 or sooner a list of the proposed re-appointments
Notify the chair of the appropriate board or committee to request that board’s/committee’s recommendations
regarding reappointments to its board/committee
Contact incumbents in writing and ascertain their willingness to accept a reappointment. The failure of any
appointee to notify the Executive Office in writing of their willingness to be re-appointed shall be treated by the
Board as a request not to be re-appointed.

The Board may consider re-appointments to positions at their pleasure. A letter of interest and/or a resume may
be requested from a candidate seeking re-appointment at the specific request of a member of the Board. The
Board reserves the right to interview candidates seeking a re-appointment. Appointments shall normally be
made only when all members of the Board are present. Appointments shall be made by a majority vote of the
Select Board.

XX.     Advisory Committees of the Select Board
The Board may appoint standing or ad hoc advisory committees to aid in matters under the Board’s authority.
The use of such advisory committees is designed to provide greater expertise and more widespread citizen
participation in the operation of government and solve community issues. All committees appointed by the
Board are advisory.

The charge or mission of advisory committees shall be in writing and shall include the work and focus to be
undertaken, the time in which it is to be accomplished and the procedures for reporting to the Board. The
Executive Office shall send copies of all committee agendas and minutes. The Board shall discharge
committees upon the completion of their work.

The mission and membership of standing advisory committees shall be reviewed periodically to assess the
necessity and desirability of continuing the committee. Re-appointment of members to an advisory committee
shall be based on an evaluation of the members’ contribution, and the changing needs of the committee and the
Town.

It is the policy of the Board to appoint qualified citizens representing all sections of the Town to all advisory
   committees. The Board shall normally appoint individuals to only one standing advisory committee at any given
   time.

   Vacancies & initial appointments shall be filled in the manner described in Section XVIII.

 XXI.     Annual Report of Town
  The Board shall annually cause to be produced an “Annual Report for the Town of Canton,” as is required by
  State statute to report to the citizens of Canton on the activities undertaken by the various Board agencies,
  committees, commissions, and officials, including a complete financial accounting.

XXII. Conflict of Interest and Code of Conduct
 Board members shall avoid conflicts of interest or even the appearance of conflicts of interest in strict
 compliance with all applicable by-laws and State statutes, including MGL Ch. 268A.

XXIII. Relations with Other Town Boards, Committees and Commissions
  On behalf of the Board, the Town Administrator is responsible for inter-board communication in the day-to-day
  operations of government. The Town Administrator shall develop a process for the boards, committees, and
  commissions with common interest, which will include but not be limited to the exchange of minutes, the
  establishment of a central repository for data, the creation and maintenance of a calendar of events, the conduct
  studies and reports and the appointment of members or staff of boards, committees or commissions as liaison
  with one another around common projects.
  The Select Board can delegate members of the Board to actively participate in a liaison role to other Town
  boards, committees, and commissions.
  The Select Board will hear reports from Boards, Committees and Commissions at Select Board Meetings.

XXIV.     Relations with Citizens
  An individual citizen or group of citizens may request an appointment before the Board by contacting the
  Executive Office. Participants shall be given the opportunity to make a reasonable presentation of information
  not yet available to the Board through a spokesperson. Citizens are required to have written materials submitted
  for the Board’s meeting packet in accordance with established procedures. All other citizen questions and
  complaints are to be referred initially to the Executive Office, or the appropriate Town department otherwise
  responsible for action or recommendations. The Select Board should use every means possible to keep the
  public informed via print media, Cable 8, and the Town website (http://town.canton.ma.us) and social media.

XXV.     Hearings Before the Board
 Notice- The Executive Office shall advertise the hearing when determined in the public interest or otherwise by
 law or regulation.
     • The entity or person, who bears responsibility for abutter notification, when necessary, shall be
         determined on a case-by-case basis.
     • Hearings shall be held in open session unless otherwise voted by the Board or requested by participating
         individuals in compliance with the Open Meeting Law.
     • The Chair shall announce the nature and purpose of the hearing and identify the matter(s) to be
         discussed. The Clerk shall then recite the notice given. Where appropriate, the Chair will outline the
         procedure to be followed. All questions shall be addressed to the Chair.
     • The order of presentation will be:
         1. Presentation by Proposer

2.  Receipt of recommendations from any Town agency or officer
         3.  Statements by proponents
         4.  Statements of opponents
         5.  Where appropriate, questions may be asked of any person making a statement after the statement is
             finished. Questions will be accepted first from members of the Board.
  The Board may permit persons not desiring to speak or unable to attend the hearing to record themselves as in
  favor or against the proposal by submitting written testimony.
  At the conclusion of the hearing the Board may render its decision or take the matter under advisement,
  announcing the intended schedule of the decision.

XXVI.     Town Meetings
  The Town Meeting shall be conducted in accordance with the Town of Canton By-Laws including requirements
  of article submission.

      • Annual Town Meetings
      The Town Meeting warrant is to be developed, finalized, published, and distributed by the Select Board as
      determined by State and local by-laws. The Select Board may insert articles in the warrant on their own
      initiative or by written petition signed by ten (10) registered voters for any Annual Town Meeting. Local by-
      law requires that the Town of Canton hold its Annual Town Meeting on the second Monday of May
      annually.

      • Special Town Meetings
      The Select Board may call a Special Town Meeting if they receive a written request, signed by one hundred
      (100) registered voters. It is the practice of the Board to address and encourage serious issues at the Annual
      versus a Special Town Meeting and discourage Special Town Meetings unless an emergency or other
      significant community issue needs to be addressed.

  Notwithstanding the above, in the interest of economy of operations and imposition on the voters the Board
  shall strive to limit the calling of Special Town Meetings to the minimum necessary as is otherwise in the
  Town’s best interest. In determining whether to call a Special Town Meeting, the Board may consult with other
  Town committees, officials, and staff as appropriate. It is strongly recommended that the Moderator and Town
  Clerk be consulted prior to each Town Meeting.

Policy on Convening and Conducting Executive Session

Select Board meetings held in Executive Session are held consistent with the Massachusetts Open Meeting
Law. https://www.mass.gov/the-open-meeting-law

  I. Reasons for Convening Executive Session
    1. To discuss the reputation, character, physical condition, or mental health – rather than the professional
        competence – of an individual or to consider the discipline or dismissal of or to hear complaints or
        charges brought against a public officer, employee, staff member or individual. (See Rights of
        Individuals below.)
    2. To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct
        collective bargaining sessions or contract negotiations with nonunion personnel.
    3. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a
        detrimental effect on the bargaining or litigating position of the public body and the chair so declares.
    4. To discuss the deployment of security personnel or devices, or strategies with respect thereto.
    5. To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.
    6. To consider the purchase, exchange, lease, or value of real property if the chair declares that an open
        meeting may have a detrimental effect on the negotiating position of the public body.
    7. To comply with, or act under the authority of, any general or special law or federal grant-in-aid
        requirements.
    8. To consider applicants for employment or appointment by a preliminary screening committee if the
        chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants;
        provided, however, that this clause shall not apply to any meeting, including meetings of a preliminary
        screening committee, to consider and interview applicants who have passed a prior preliminary
        screening.
    9. To meet or confer with a mediator, as defined in section 23C of chapter 233, with respect to any
        litigation or decision on any public business within its jurisdiction involving another party, group, or
        body.
    10. To discuss trade secrets or confidential, competitively-sensitive or other proprietary information
        provided in the course of activities conducted by a governmental body as an energy supplier under a
        license granted by the department of public utilities pursuant to section 1F of chapter 164 or in the
        course of activities conducted as a municipal aggregator under section 134 of said chapter 164 or in the
        course of activities conducted by a cooperative consisting of governmental entities organized pursuant to
        section 136 of said chapter 164, when such governmental body, municipal aggregator or cooperative
        determines that such disclosure will adversely affect its ability to conduct business in relation to other
        entities making, selling or distributing electric power and energy.

 II. Procedures for Convening Executive Session
    1. The body has first convened in an open session pursuant to section 21;
    2. a majority of members of the body have voted to go into executive session and the vote of each member
       is recorded by roll call and entered into the minutes;
    3. before the executive session, the chair shall state the purpose for the executive session, stating all
       subjects that may be revealed without compromising the purpose for which the executive session was
       called;
    4. the chair shall publicly announce whether the open session will reconvene at the conclusion of the
       executive session; and
    5. accurate records of the executive session shall be maintained pursuant to section 23.

III. Rights of Individuals
    1. To be present at such executive session during deliberations which involve that individual;
    2. to have counsel or a representative of their own choosing present and attending for the purpose of
       advising the individual and not for the purpose of active participation in the executive session;
    3. to speak on their own behalf; and
    4. to cause an independent record to be created of said executive session by audio-recording or
       transcription, at the individual’s expense.

Policy on Communication

  I. Confidentiality and Public Record
Written correspondence is subject to the Public Records Law (MGL Ch. 66 and Ch. 66A) with the exceptions
noted in MGL Ch. 4 § 7 clause 26.

  II. Incoming Communications
All incoming communication should be directed to the appropriate department, committee, board, agency, or
other Town entity. When all appropriate entities have been contacted and the issue remains unresolved or
continues to be disputed, then such communication should be directed to the Executive Office, who will then
respond appropriately.

III.      Written Correspondence to the Select Board
    •     All manual correspondence should be addressed to all members of the Select Board. All correspondence
          should be sent to the Executive Office at 801 Washington Street, Canton, MA 02021.
      •   All electronic correspondence should be addressed to all members of the Board and should be sent to
          bos@town.canton.ma.us
      •   The Executive Office staff shall respond appropriately to all written and electronic correspondence on
          the Board’s behalf
      •   All mail addressed to the Board shall be made available weekly to the Select Board members via the
          Dropbox application on the members' tablets.

IV.       Verbal Communication to the Select Board
      •   All verbal communication received by the Executive Office staff shall first be directed to the appropriate
          Town department or committee.
      •   Should the issue remain unresolved by the department or committee, the Executive Office staff shall
          attempt to follow the Town Administrator’s directives in resolving the dispute.
      •   If an issue remains disputed, the matter shall be referred directly to the Board at their next regularly
          scheduled public meeting for action.
      •   All callers (in person or over the telephone) will be asked to submit a written description of the
          unresolved issue.
      •   The Board reserves the right to postpone discussion of or to not address any unresolved issue submitted
          with insufficient information. The Executive Office shall communicate to the caller what further steps
          must be taken before the Board will discuss/take action on any specific issue.

 V.       Internal Communication
      •   Department Heads should maintain regular communication with the Town Administrator and attend
          scheduled Department Head meetings.
      •   Department Heads should attend regularly scheduled meetings of the Select Board to provide
          information and update the Board on Departmental activities when necessary.
      •   All Department Heads shall be responsible for reporting to the Board, via the Executive Office, any
          important and/or emergency issues or situations that arise within the span of their control.
      •   Department Heads shall communicate any requests made by any individual Board member to the
          Executive Office prior to action to ensure both effective inter-departmental communication and
          consistency with Board policy and with applicable local, state, and federal laws, by-laws, and rules and
          regulations.
      •   Department Heads shall seek Select Board approval prior to responding to requests for services, pledges
          of support and/or allocation of other departmental resources for any project or event.

VI.       Outgoing Communication

      •   The Executive Office shall be responsible for all official outgoing communication from the Select
          Board, whether in response to incoming communication or originating from the Board’s directive.
      •   Important announcements shall be posted at the Board’s directive through the local media including
          Canton Cable 8, the Town web site, and social media.

Policy on Hiring and Personnel Action Forms

Associated Personnel Policies: II-5, II-10M and II-5

                                     Select Board

I.      Hiring Process
When an employment position is vacant, the Human Resources Department will conduct
the recruitment process consistent with Personnel Policies II-5 and II-10M. The Director
of Human Resources will include the appropriate Department Head or designee in the
candidate interview process. The Town Administrator shall be actively involved in the
interview process of Department Heads and other senior management staff.

The Town Administrator is the hiring authority to fill vacant employment positions
categorized as Grade I through Grade M as well as part-time, non-benefits eligible and
seasonal positions. The Town Administrator will rely on the recommendation of the HR
Director and the Department Head when considering hiring candidates for employment.

The Select Board is the hiring authority to fill vacant employment positions of Grades A
through Grade H, Civil Service employees and all personal contract employees. The
Select Board will rely on the recommendation of the HR Director, Department Head and
the Town Administrator when considering hiring candidates for employment.

All offers of employment shall be contingent upon proof of authorization to work in the
United States and upon the successful completion of the Town’s post-offer physical
examination (see Personnel Policy II-5.10).

II.     Personnel Action Form

The Personnel Action Form shall be the official payroll document. Prior to any position
being filled, the hiring authority must sign the Personnel Action Form. No changes to
payroll or modification to employee status, new or existing, shall be valid until the
Personnel Action Form has been signed by the hiring authority, unless the State of
Massachusetts, Human Resources Division or any successor agency to Civil Service,
processing and approval requirements, prevents compliance with above. (See Personnel
Policy II-5.12).

SB approved 6/24/25

Policy on Access to Town Counsel

Policy Number VI
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )       Division ( )        Town Wide ( x )

                                 Policy Statement
This policy statement sets forth the procedure for Town employees, boards, committees,
and commissions to access Town Counsel for legal services. The policy is intended to
more fully define the right of access to and role of Town Counsel.

This policy is not intended to relieve Town employees, boards, committees and
commissions from the responsibility to seek advice of Town Counsel, either directly,
when allowed under this policy or through the Executive Office when required, prior to
entering into any contract or agreement that creates rights or obligations to which the
Town is a party. This also applies to any decision, service or action taken by any
operating department under the Board of Selectmen, which could create rights,
obligations and/or liabilities to which the Town would become responsible and
coordinate the legal strategy of the Town.

                                    References
                                        None.

Special Terms
                                             None.

                                     Policy Description
I.         General

Legal services play a role, often times a significant one, in the efficient and effective
operations of the Town. However, the cost of these services continues to have an impact
on the price of doing business as a municipality. With that understanding, it is the intent
of this policy to place certain controls on the accessibility of Town Counsel by Town
employees, boards, commissions and committees, consistent with the Town of Canton
general by-laws and State law. It is not the intent of this policy to explicitly or implicitly
deny anyone access to Town Counsel, but rather to control and monitor accessibility to
Town Counsel, thereby controlling the costs of legal services.

II.        Protocol

Accessibility to Town Counsel will be governed by the following parameters:

       •   The Board of Selectmen and designee shall have direct access to Town Counsel
           in relation to their duties as Town officials.
       •   Those employees of the Town requesting Ethics Opinions (Conflict of Interest
           Law) shall have direct access to Town Counsel.
       •   Sponsors of warrant article(s) for Special Town Meetings or the Annual Town
           Meeting may submit motions proposed to be offered under said warrant articles in
           writing to Town Counsel for review through the Executive Office per below
           procedures.

III.       Access Procedure

       •   All other requests for access to Town Counsel must be submitted to the
           Executive Office for approval by the Board of Selectmen and/or designee.
           Requests to the Board from employees of the Town should be generated through
           the Department Head or Committee Chair. Requests from any multiple-member
           body shall be done after a majority vote to do so is recorded.
       •   Legal services request form (see Appendix D) shall be completely filled out and
           submitted to the Executive Office for review and approval.
       •   Any costs incurred for approved legal services obtained via the policy shall be
           paid for by the Executive Office/Legal Services Budget.
       •   All legal services requests submitted should be consistent with the Town’s overall
           legal strategy (if known at the time of submission) and Board policy to ensure a
           coordinated, and consistent public policy approach.

•   The Board reserves its right to deny any requests for legal services, and shall
          provide notification to all legal services requests not approved.

IV.       Standard Contract for General Use

      •   The most current form of the Standard Contract for General Use (see Appendix E)
          shall be used in any and all contracts for supplies or services rendered for the
          Town.
      •   If the certified Procurement Officer, after complying with any and all Local,
          State, and Federal requirements, wishes to change and/or modify the terms of the
          contract, such a request shall be sent to Town Counsel through the procedure
          outlined above.
      •   Statutory and other State regulations shall determine the signatory approval
          process used on any contract.
      •   In any case where the Board of Selectmen must sign a contract, the contract shall
          be submitted to the Executive Office with any relevant information for inclusion
          on the agenda for the next regularly scheduled Board meeting.
      •   In any case where certified delegated Procurement Officers are permitted to sign
          the contract, they shall be empowered to do so.

V.        Town Counsel Office Hours

      •   Office hours shall be regularly made available to multiple-member bodies and
          municipal and school staff on an as-needed basis.
      •   Regular office hours generally shall be held on Mondays between 2:00 PM and
          4:00 PM or otherwise as determined by the Board.

Policy on Alcoholic Beverages

                                 TOWN OF CANTON
               RULES AND REGULATIONS GOVERNING ALCOHOLIC BEVERAGES

By virtue of the authority contained in Chapter 138 of the Massachusetts General Laws (“Chapter 138”) the
Canton Select Board, serving as the Town’s Liquor Licensing Authority (the “Board”), hereby promulgates these
Rules and Regulations Governing Alcoholic Beverages (“Regulations”). The Regulations shall supersede all
previous regulations or policies issued by the Town of Canton (the Town) . The Board has the power under the
Ordinances and the laws of the Commonwealth of Massachusetts to amend these Regulations periodically from
time to time as it sees fit. For the purposes hereof, the Regulations, Ordinances, and Chapter 138 shall be
collectively referred to as the “Laws”.

Any license issued for the sale in any manner of any alcoholic beverages (a “License”) shall be issued on the
condition of full compliance with these Regulations. The failure to comply with the Laws and other Ordinances or
rules issued by the Town and/or the Board shall constitute sufficient cause or grounds for refusing to grant the
license, or for suspending, canceling, modifying, or revoking such license or permit already granted. Any
individual, organization, or company licensed by the Board pursuant to the Laws shall be referred to herein as a
“Licensee”.
Any premises licensed by the Board pursuant to the Laws shall be referred to as the “Licensed Premises”.

  I.       Consumption of Alcoholic Beverages

       Public consumption of alcoholic beverages as defined in Chapter 138, Section 1 is permitted only in
       accordance with an appropriate License issued by the Board. Absent an appropriate License issued by the
       Board, it is prohibited to drink any alcoholic beverage while on, in or upon any public way or upon any way to
       which the public has a right of access; any place to which members of the public have access as invitees or
       licensees; a park or playground. It is prohibited to drink any alcoholic beverage while on, in or upon or private
       land or place without consent of the owner or person in control thereof. All alcoholic beverages used in
       violation of this shall be seized and safely held until final adjudication of the charge against the person or
       persons arrested or summoned before the court, at which time they shall be returned to the person entitled to
       lawful possession.

 II.       General Provisions Regarding the Administration of Licensed Premises

       1. Licensure Requirements: The applicant for any type of License must meet the requirements of the Laws.

       2. Alcohol Training Program: The Licensee shall require all employees serving alcohol or viewing
          identifications cards to determine age to successfully complete an alcoholic beverage server training
          program which has been approved by the Board (the “Alcohol Training Program”). The requirement set
          forth in the preceding sentence shall include and apply to the Manager (as defined below), Assistant
          Manager, and all persons responsible for viewing identification cards to determine the age of patrons for
          service of alcoholic beverages.

           The Alcohol Training Program may be completed on-line. The Licensee shall require all employees
           engaged in serving alcoholic beverages and/or viewing of identification cards to obtain Alcohol Training
           Program certification within thirty (30) days of employment and the Manager shall maintain a list of
           employee certifications. To the extent an employee serves alcohol or views identification cards prior to
           obtaining Alcohol Training Program certification, the Manager of Record, as defined by Chapter 138,
           Section 26 (the “Manager”), will be personally responsible for that employee, and any violation of these
           regulations committed by the employee will be treated as if the Manager and/or Licensee had committed

the violation. Managers and Assistant Managers shall obtain Alcohol Training Program certification prior
    to assuming the duties of Manager or Assistant Manager. The Licensee shall strongly encourage all
    alcohol servers to attend periodic retraining programs at least annually that reinforce the certification
    training described herein. The retraining programs underscore the importance of proper server training on
    the dangers associated with alcohol abuse on Licensed Premises.

3. Identification of Patrons: Licensees shall ensure that the identification of persons purchasing alcoholic
   beverages occurs at the point of sale or service. Wristbands, stickers, or any other kind of
   markings/marking devices are prohibited as a method of identifying persons to be served alcoholic
   beverages unless approved by the Select Board and a special permit is issued.

4. Prohibition Against Happy Hours and Discounted Sales: In accordance with G.L. c. 138 (Liquor
   Control Act) and 204 C.M.R. 4.00 et seq., “Happy Hours” are prohibited at any Licensed Premises. As
   used herein, Happy Hours shall be defined as the sale of alcoholic beverages at a “two-for-one” price or
   any promotion or discount on the sale of alcoholic beverages. Further:

        A. No alcoholic beverages shall be sold for less than the actual cost of the beverage to the licensee.
           An admission charge shall not be credited towards the purchase price of any alcoholic beverage.

        B. All licensees shall maintain a schedule of the prices charged for all drinks to be served and
           consumed on the licensed premises. Prices shall be effective for not less than one calendar week.

        C. No licensee, employee or agent of a licensee shall:

            i.   Offer or deliver any free drinks to any person or group.

           ii.   Deliver more than two drinks to one person at one time.

          iii.   Sell, offer to sell, or deliver to any person or group any drinks at a price less than the price
                 regularly charged during the same calendar week, except at a private function that is not open
                 to the general public.

          iv.    Sell, offer to sell, or deliver to any person an unlimited number of drinks during a set period
                 of time for a fixed price, except at private function that is not open to the general public.

           v.    Sell, offer to sell, or deliver drinks to any person or group of persons on any one day at prices
                 less than those charged to the general public on that day, except at a private function this is
                 not open to the public.

          vi.    Increase the volume of alcoholic beverages contained in a drink without increasing
                 proportionately the price regularly charged for the drink during the same calendar week.

         vii.    Encourage or permit, on the licensed premises, any game or contest which involves drinking
                 or the awarding of drinks as prizes.

         viii.   No licensee shall advertise or promote in any way, whether within or without the licensed
                 premises, any of the practices prohibited under this section.

5. Nothing contained in this Section II.4 shall be construed to prohibit Licensees from offering free food or
   entertainment at any time; including a drink as part of a meal package; the sale or delivery of wine by the
   bottle or carafe when sold with meals or to more than one person; or to prohibit those licensed under
   Chapter 138, Section 15, from offering free tastings as allowed under Chapter 138.

6. Cover Charges: Cover charges are not permitted except in compliance with Massachusetts General Law
          Chapter 140, Section 183D and Alcoholic Beverages Control Commission 204 CMR 2.16.

       7. Public Need; Discretion of the Board: The licensing of establishments and vendors serving and selling
          alcoholic beverages, and the determination of public need and convenience in the Town is subject to the
          informed discretion of the Board, consistent with the Laws.

       8. Inspection of Licensed Premises:

           A. The Licensed Premises shall be subject, at all times, to inspection by the Enforcement Agents, the
              Board of Health or its designee, the Building Commissioner or designee, Police, Fire, or any other
              department or official of the Town of Canton.

           B. The Police Department shall have the authority to investigate potential violations of the Laws on or
              about the Licensed Premises on behalf of the Board, and to conduct other such enforcement as the
              Chief of Police deems appropriate, including the use of plainclothes police officers for the purposes of
              ensuring compliance with the Laws.

           C. The Board shall have the authority to refer potential violations of any Laws to the Canton Police
              Department, which shall be handled in accordance with subsection 8B above.

       9. No Employee Consumption of Alcohol: No employee or person holding an ownership interest in the
          Licensee, or any employee acting in any type of management capacity shall consume alcohol on the
          Licensed Premises prior to going on duty or during their respective on duty hours.

       10. Common Victualer; Prohibition Against Keeping Alcoholic Beverages Onsite: Common Victualer
           Licensees operating without a duly authorized alcoholic beverages license are not permitted to keep
           alcoholic beverages on its Licensed Premises, except for a commercially reasonable quantity used
           exclusively in preparation of certain specialty foods. Licensees are not permitted to keep alcoholic
           beverages on the premises except for a reasonably small quantity that is used in the preparation of certain
           specialty foods.

III.       Hours of Operation

       1. In accordance with Chapter 138, Section 12 the times during which alcohol can be consumed on the
          premises are those which are designated on the Licensee’s alcoholic beverages License. “Last call” for
          alcoholic beverages shall be at least fifteen (15) minutes before the Licensee’s close of business but no
          later than 12:45 a.m.

       2. No alcoholic beverages may be served after close of business.

       3. With the exception of any Licensee primarily operating as a movie theater, all tables and bars must be
          cleared of all glasses, bottles, and containers of alcoholic beverages within thirty (30) minutes after the
          “Official Closing Hour” and all customers must be off the Licensed Premises by the “Official Closing
          Hour”. Subject to Article III Section 5 of these Regulations, owners and employees of the Licensee must
          be off the Licensed Premises no later than sixty (60) minutes after the Licensee’s “Official Closing Hour.”

       4. For any Licensee primarily operating as a movie theater, all tables and bars must be cleared of all glasses,
          bottles and containers of alcoholic beverages and all customers must be off the Licensed Premises within
          thirty (30) minutes after the conclusion of any movies in progress at the time of the Licensee’s “Official

Closing Hour.”

      5. Owners and their employees and contractors may be on the Licensed Premises at any time for the purpose
         of cleaning, making emergency repairs, providing security for the Licensed Premises, or preparing food
         for the next day’s business, or opening or closing the business in an orderly manner.

      6. No alcoholic beverage shall be served or consumed on the Licensed Premise before the Licensee’s
         approved and official opening hours or after approved and “Official Closing Hours.” Patrons of any
         Licensed Premises are not permitted to bring alcoholic beverages on the Licensed Premises.

      7. A violation of any of the restrictions contained in this Article III shall constitute a violation of the
         Regulations and shall subject the Licensee to possible discipline and/or penalties by the Board in
         accordance with the procedure set forth in Article XIV herein.

IV.       Change of Manager

      1. Timeline Requirements for Filing a Change of Manager Application: An application for Change of
         Manager of Record or Assistant Manager must be filed with the Board at least two (2) weeks before the
         proposed effective date of the change (“Change of Management Notice Deadline”), unless the Manager of
         Record has terminated his or her employment without prior notice to the Licensee or is terminated by
         Licensee under circumstances which do not reasonably allow for advance Change of Management
         Deadline Notice (“Early Management Termination”). In the event of Early Management Termination, the
         Licensee must, within thirty (30) days of such termination, notify the Board of: (a) the basic facts
         surrounding such termination; (ii) the name of the person who will discharge the duties of Manager
         pending selection and approval of a new Manager of Record; and (iii) shall file the application for a
         Change of Manager no more than thirty (30) days after the departure of the approved Manager of Record.
         If the Board finds that the circumstances justify the noncompliance with the Change of Manager Notice
         Timeline, no penalty will be imposed so long as the Licensee complies with subsections (i) through (iii)
         above. If the circumstances for the delay are not found to be sufficient, or if the application for a Change
         of Manager is filed more than thirty (30) days after the departure of the Manager of Record, the Board
         may impose a penalty or suspension of up to one (1) day of suspension for each day of unjustified non-
         compliance or for each day that passes beyond the passage of thirty (30) days after departure of the
         Manager of Record before the application for a new manager is filed, or such other penalty permitted by
         Article XIV herein. In addition to the foregoing, the Board shall also have the right to impose penalties for
         the failure to provide timely notification of the departure of an Assistant Manager. When submitting an
         application for change of Manager or Assistant Manager, the Manager or Assistant Manager shall be
         certified as an alcohol server and registered with the Police Department prior to submitting the application.
         Further, approval of a change in Manager may be conditioned upon proof of payment of all outstanding
         local, state, and federal taxes and fees.

      2. Manager Background Checks: Upon receipt of an application for an original License, or, in the case of a
         new Manager of Record or Assistant Manager, upon being advised of the new Manager of Record or
         Assistant Manager’s identity, the Canton Police Department will conduct a background check of any
         proposed Licensee, Manager of Record or Assistant Manager, and such check will include a review of any
         existing criminal record. The Board may reject any application where the Licensee’s, Manager of Record’s
         or Assistant Manager’s criminal record indicates, theft, unlawful drug offense(s) (with the exception of
         any criminal arrest or conviction relating to possession of marijuana which predate the enactment of
         Massachusetts General Laws Chapter 94G), alcohol-related offenses, a propensity for violence, or other
         behavior, that, in the opinion of the Board, might disqualify the individual from responsibly carrying out
         their duties as Manager of Record or would otherwise put the public at risk.

3. Violations: A violation of any of subsection 1 regarding change of Manager shall constitute a violation of
        these Regulations and shall subject the Licensee to possible discipline and/or penalties in accordance with
        this section or with Article XIV herein.

V.       Responsibilities of Manager of Record

     1. Authority & Control of Licensed Premises: The Board regards the Manager of Record of Licensed
        Premises as the principal representative of the Licensee and as having full authority and control of the
        Licensed Premises and of the conduct of all business therein relative to alcoholic beverages, all as
        provided in the Laws. An Assistant Manager or other suitable managerial employee capable of fulfilling
        the duties of Manager of Record must be listed on the License by the Licensee. This will allow for
        continuity of the Manager position should either the Manager of Record or Assistant Manager positions
        become vacant during the course of the year.

     2. Responsibilities: Without limiting the scope of the previous subsection, the Board will hold the Manager
        of Record responsible for the following:

         A. Careful selection of qualified employees of the licensed business, including servers, clerks and
            persons who are engaged with the public in any capacity;

         B. Training of employees in all matters relating to the sale and service of alcoholic beverages;

         C. Assuring those employees serving alcohol to the public have successfully completed an alcoholic
            beverage training program for serving alcohol responsibly and strongly encourage continual training
            of employees engaged in serving and selling alcoholic beverages;

         D. Ensuring that no criminal activity, including the sale and distribution of narcotic drugs, takes place on
            the Licensed Premises, including within any parking area ancillary to or serving the Licensed
            Premises;

         E. Promptly reporting to the Police Department all instances of attempted purchases or procurement of
            service of alcoholic beverages by minors, including attempts to gain access to premises upon which
            alcoholic beverages are served and from which minors are excluded, and appropriate action taken by
            the Licensee in response thereto. Such appropriate action shall include (1) Reporting to the Registry of
            Motor Vehicles instances involving possession or use of a false, forged, or counterfeit license to
            operate motor vehicles or identification card issued by the Registry of Motor Vehicles; (2)
            confiscation of liquor identification cards or motor vehicle operator’s license presented by the minor;
            and (3) if a purchase was made or service was procured, the name of the Licensee’s employee
            participating therein;

         F. Enforcement of the Laws with respect to the operation of the licensed business;

         G. Ensuring that the Licensed Premises, including the exterior, are kept clean, neat, and sanitary at all
            times; and

     3. Hours on Licensed Premises: Except as provided herein, the Manager of Record must be a full-time
        employee or a corporate officer of the Licensee, must be engaged exclusively in the management of the
        licensed business, and must be a qualified seller or server of alcoholic beverages registered with the
        Canton Police Department. The Manager of Record shall not undertake any non- managerial position(s)
        (i.e., bartender, server, cook) or any other role which interferes with the Manager of Record’s oversight of
        the Licensed Premises. The Manager of Record must be on the Licensed Premises at least forty (40) hours
        per week in the course of business, consistent with the permitted hours of operation. When the Manager of

Record is not upon the Licensed Premises, the person in charge of the business must be an Assistant
           Manager or a qualified seller or server of alcoholic beverages registered with the Canton Police
           Department and designated by the approved Manager of Record to have charge of the business in the
           Manager’s absence. The Manager of Record shall be responsible for the operation of the business whether
           or not on the Licensed Premises. When the Manager of Record is not upon the Licensed Premises, a
           method of contacting the Manager of Record promptly must be arranged with the Town as well as the
           establishment so that the Manager of Record can be reached at all times by the person designated to be in
           charge of the Licensed Premises as well as Town Officials. The provisions of the first sentence of this
           subsection shall not apply to any Licensee holding a license issued under Chapter 138, Section 12 to a
           veterans’ organization or to a Licensee holding a license issued to a club under Chapter 138, Section 17.

       4. Failure of the Manager of Record to comply with this policy or to properly discharge the duties of
          manager may result in removal as Manager or suspension or revocation of the License as may be
          appropriate to the circumstances.

VI.        Procedure for Obtaining Liquor Licenses

       The applicant for a License of any type should submit a letter to the Board outlining the proposal with a
       completed application and include a request for a hearing with the Board. Select Board administrative staff
       will schedule and advertise the hearing in the local newspaper. The applicant will be responsible for payment
       of the invoice to the local newspaper for the advertisement. At a duly noticed public hearing, the Board will
       consider the application for a License and the input of any interested members of the public. The Board will
       then consider the application and respond in a timely manner to the applicant. The Board shall provide a copy
       of these Regulations to each Licensee at the time when they pick up their annual license. The Licensee shall
       sign a receipt to be maintained by the Board evidencing their receipt of a copy of these Regulations.

       Pursuant to Chapter 138, Section 15A, where there are no premises actually in existence at the time the
       application for a License is made, the applicant shall file a plan showing the actual dimensions of premises
       which are to be constructed on which the License is to be exercised. A License granted under this provision
       shall be upon the condition that such License shall not be issued until completion of the Licensed Premises in
       accordance with the plan, and the decision of the Board as to whether the plan has been complied with shall be
       final. The Board may include as a condition of such License that the Licensed Premises be completed in
       accordance with the plan by a date certain or the License shall be deemed null and void. Said specified
       completion date may be extended by the Board in its sole discretion upon written request by the applicant
       submitted to the Board at least 45 days prior to the expiration of the initial anticipated completion date as
       stated in the License.

VII.       Considerations for Approval of New License or Transfer:

The Board will consider any or all of the following that can be reasonably offered in support of a particular
License application:

       1. The applicant is a qualified Veterans’ organization and seeks a club license.
       2. Subject to applicable zoning requirements, the applicant proposes an establishment that offers a regular
          forum for music and musicians to play and obtain exposure for their work.
       3. The applicant offers variety, or uniqueness, in its proposed establishment or shop, in contrast to what
          exists in the Town of Canton at the time of the application.
       4. The applicant demonstrates the elements for public need for the License particular location.
       5. The applicant proposes an establishment that offers a substantial economic benefit to the Town of Canton.

6. Where the application pertains to a License to be issued pursuant to Chapter 138, Section 12, the applicant
           offers, in addition to alcoholic beverages, a variety of non-alcoholic beverages (or beverages containing
           only trace amounts of alcohol), such as mocktails, craft sodas, teas, kombucha, and non-alcoholic beer and
           wine, which are distinct from traditional non-alcoholic beverages (water, soda, juice, etc.).
        7. Proposals for off-premises retail establishments to be located in high- density retail areas, either as new
           Licenses or transfers, are discouraged if the applicant’s proposed License application duplicates or is
           similar to Licensed Premises presently located in the area.

VIII.       Modifications to Licensed Premises

        Once a License is issued, no material physical changes to the Licensed Premises shall be made without the
        prior approval of the Board. For the purpose of these Regulations, a material physical change shall be
        considered a change in location or number of seats, location of bar, addition or reduction in square footage, or
        any other change sufficient to require a building permit from the Town of Canton. The Licensee must submit
        an application to the Select Board for alteration of premises accompanied by a $200 fee.

 IX.        Transfers of License

        Licensees, other than Special Legislation Licensees, may request that their License be transferred to a third
        party. A $200 fee shall accompany each application for ownership or transfer of location. Applications for
        transfer of ownership or location shall be processed similarly to an original License application and the Board
        is not required to grant such transfer requests. Approval of a transfer of majority ownership further may be
        conditioned upon the proof of payment of all outstanding local, state, and federal taxes including, without
        limiting, the following: receipts showing remittance to the proper taxing authorities of sales taxes, excise taxes
        and withheld federal and state income taxes. Transfers of ownership to trustees in Bankruptcy, court-
        appointed receivers, or to assignees for the benefit of the creditors and those taking title or possession of the
        Licensed Premises by, through or under them will not be deemed to transfer or convey any rights to the license
        or the renewal or transfer of such license, unless provided by contrary superior law. Bona fide mortgagees in
        possession who are listed in the application as holding such interest shall be treated in the same manner as the
        original majority ownership license. A public hearing shall be required for any transfers of ownership or
        location, including, but not limited to transfers to mortgagees. Special Legislation licenses are not
        transferable.

  X.        Distribution of Regulations

        These Regulations, in their most updated form, shall be provided to all Licensees upon issuance of their
        License and, further, shall be regularly available at the Town of Canton Select Board office and online at the
        Town of Canton Select Board webpage. These Regulations shall be appended to each annual license issued by
        the Board. The Licensee may not pick up his/her annual license until the Licensee has signed a receipt
        acknowledging that a copy of these Regulations has been received. A copy of the most updated Regulations
        shall be maintained on the Licensed Premises at all times and shall be available for inspection upon request.

 XI.        Filing Fees and Annual Licensing Fees

        Filing Fees and Annual Licensing Fees shall be determined by the Board and made publicly available at the
        administrative offices of the Select Board

XII.        Miscellaneous Operating Provisions

        1. Exterior Doors: Exterior doors to the Licensed Premises must remain closed, but not locked, during all
           times that the Licensed Premises are open for business.

        2. Access to Licensed Premises: The Licensee shall ensure that the Canton Police Department, the Canton
           Fire Department, and authorized agents of the Board shall have immediate access to the Licensed
           Premises at all times and under all circumstances.

    3. Underage Service: No alcoholic beverages shall be sold to anyone under the age of 21 years. It shall be a
       defense to any alleged claim of sale of alcohol to a minor if the Licensee can show that the patron
       produced a valid Massachusetts driver’s license, a valid Massachusetts Liquor Identification Card, a valid
       Passport issued by the United States or by a government of a foreign country recognized by the United
       States government, or a valid U.S. issued Military ID card or a valid U.S. Passport Card. Licensees may
       accept out of state licenses as proof of age but Licensees shall bear the risk that such licenses are real and
       valid.

    4. Responsible Operations: The Licensee shall ensure that all business within the Licensed Premises, and
       within areas under the Licensee’s control that abut the Licensed Premises, is conducted in a responsible
       manner so that no activity shall detract from the quality of life in the Town generally, or in the
       neighborhood in which the Licensed Premises is located. This shall include, but not be limited to, ensuring
       that there shall be no disorder, unlawful use or sale of drugs, indecency, prostitution, assaults, lewdness, or
       gambling on or about the Licensed Premises.

    5. Sale to Intoxicated Persons: No alcoholic beverages shall be sold or delivered to an intoxicated person.

    6. Off-Premises Alcoholic Beverages Prohibited: No patron may remove any alcoholic beverage from
       Chapter 138, Section 12 on-premises Licensed Premises, unless the patron is taking off the premises of a
       restaurant or hotel a resealed bottle of partially consumed wine as regulated by Chapter 138, Section 12
       and the Rules and Regulations of the Alcoholic Beverages Control Commission.

    7. Entertainment: No Licensee shall provide or allow entertainment unless an entertainment license has
       been obtained from the Zoning Board and Select Board

    8. No Discrimination: No Licensee shall make any distinction, discrimination, or
       restriction on account of race, color, creed, sex, sexual/gender orientation or designation, or ancestry
       relative to the admission or treatment of any person.

    9. Bottle Service: “Bottle Service” (i.e., the sale and/or service of an entire bottle of hard alcohol or spirits)
       shall be strictly prohibited unless expressly authorized in advance by the Board. Any licensee authorized
       for Bottle Service shall have the term “Bottle Service,” along with any relevant conditions included on the
       physical License displayed at the Licensed Premises. The Board shall have the authority to deny or
       condition an application for Bottle Service in its sole discretion.

XIII.       One-Day Licenses

        Individuals holding social events and the following types of organizations are eligible for one-day alcoholic
        beverage licenses under these Regulations:

        1. Civic or municipal organizations;
        2. Commercial establishments;
        3. Fraternal organizations;

4.   Non-profit organizations;
5.   Non-profit unincorporated associations;
6.   Unincorporated groups or organizations not engaged in the sale of alcoholic beverages for profit;
7.   Service clubs; and
8.   Veteran’s organizations

Other organizations or individuals may submit applications for consideration.

Criteria for Approval for One-Day Licenses:

1. The following matters will be taken into account in approving one-day licenses:

     A. Admission age: The Board will not deny a one-day license for a function at which individuals to
        whom alcoholic beverages may not be supplied are present, but the Board will require that a sufficient
        number of trained servers be present to assure compliance with the laws governing the sale of
        furnishing of alcoholic beverages to such persons.

     B. Frequency: One-day licenses are intended to be issued primarily to applicants sponsoring functions
        that are not held more than once annually but may be issued more than once annually at the Board’s
        discretion. One-day licenses are not intended as an alternative to an annual license.

2. Acceptance of Conditions: Acceptance of a one-day license under this policy will be deemed to be an
   acceptance of the following conditions of the license and an agreement with the Town of Canton to be
   bound thereby:

     A. Certification of Servers:

     All persons engaged in furnishing alcoholic beverages at a licensed function, whether by sale or without
     charge, are required to be certified servers. All servers must be certified as having completed an approved
     alcoholic beverage training program and have evidence of such valid certification in their possession.
     Commercial caterers and accommodators must be registered with the Canton Police Department.

     B. Number of Service Providers:

     The number of bartenders and servers shall be recommended to the Board by the officer of the Canton
     Police Department designated to review applications for one day licenses and shall be determined by the
     Board as appropriate for the number of persons estimated to be in attendance and the nature of the event.
     For functions at which attendance is by invitation only, the number of persons included in the invitations
     shall be used.

     C. Hours of Service of Alcoholic Beverages:

     The hours of sale and service for all one-day licenses shall be no later than 12:300 a.m. The “last call” for
     all such licenses shall be no later than 12:15 a.m. The function shall conclude at 12:30a.m., at the same
     hour as the license.

     D. Number of Persons on Premises:

     The number of persons may not exceed the occupancy limits allowed by law for the premises on which the
     license will be exercised.

E. Police Detail:

   The number of officers, if any, and the hours during which a police detail will be required within the
   Licensed Premises and, if required, for orderly parking and traffic control will be recommended by the
   Police Department. Generally, those hours will include the entire duration of the function, including after
   service hours. The factors to be considered include the location of the premises, availability of on-site
   parking, the number of persons estimated to be in attendance and the time and duration of the function.

   F. Insurance:

   When a one-day license is granted to be exercised on Town owned land or a Town owned facility, the
   Licensee shall procure policies of insurance as provided herein. The Licensee shall furnish certificates in
   form and substance satisfactory to the Town evidencing each such insurance coverage to the Town prior to
   the issuance of the license.

       i.   A Comprehensive General Liability policy on an occurrence basis endorsed to include broad form
            comprehensive general liability including coverage for service of alcoholic beverages with a
            combined single limit of liability of not less than $1,000,000.00. The policy shall name the Town,
            and its officers, agents, servants, officials, representatives, employees, and consultants as
            additionally insured parties.

      ii.   The Licensee shall provide Workers’ Compensation Insurance as required by law.

     iii.   An Umbrella/Excess Liability insurance policy on an occurrence basis “following form” of the
            primary coverage with a limit of liability of $5,000,000.00. The Umbrella/Excess Liability
            insurance policy shall include but not be limited to the following coverage for bodily injury,
            property damage and personal injury: (i) Premises - Operations Liability;(ii) Contractual Liability;
            (iii) Automobile Liability for owned, non-owned and hired vehicles. The City, its officers, agents,
            servants, officials, representatives, consultants, and employees shall be named as additional
            insureds.

     iv.    All insurance shall be issued by insurance companies authorized to do insurance business in
            Massachusetts and rated not less than A-VIII in Best’s Insurance Guide and will not be subject to
            cancellation or modification without thirty days prior written notice to the City.

      v.    Each policy of insurance obtained by Licensee hereunder shall contain a clause denying the
            insurer any right of subrogation against the City.

3. Additional Provisions: The following additional provisions shall apply to one day licenses.

   A. Departmental Approvals:

   The Board of Health and the Inspectional Services Department must approve the Licensed Premises,
   including, where applicable, food service equipment. For any function to which the general public will be
   admitted, the Inspectional Services Department must approve the Licensed Premises as meeting handicap
   accessibility requirements.

   B. Neighborhood Impact:

   The applicant or such other person designated by name, address and local telephone number in the
   application will be responsible for the orderly conduct of the function for which the license is issued.

Consumption of alcoholic beverage outside of the structure within which the Licensed Premises, i.e.,
          where the function is held will not be permitted. Music, noise, or other function- related activities must not
          create an undue imposition upon any adjacent residences. Police detail officers will be instructed to
          respond appropriately to complaints. Such response may include an order to terminate the event or
          otherwise limit the offending activity.

          C. Submission of Applications:

          One-day License applications must be complete and submitted to the Licensing Office no later than noon,
          twenty-one days prior to the date of the function

          After submission, each application will be reviewed by the Inspectional Services (including issues of
          handicap accessibility, if required), Fire Department, and the Police Department (as to police detail
          required and number recommended of bar tenders and servers).

          D. License Application Fee:

            i.    One-day licenses for all events will be charged a fee of
                  $50.00 for each license application.

XIV.      Penalties, Procedure and Structure for Violations of the Ordinance and Regulations

       1. Purpose

   The purpose of this penalty structure is to improve the ability of the Board to prevent alcohol abuse and
   violation of the Laws. This Article XIV will help to achieve reasonable uniformity in the imposition of
   penalties and to avoid confusion in the minds of the public, patrons, and Licensees due to a lack of
   understanding of the consequences of violating the Laws and License terms. This Article XIV is intended to
   empower the Board to consider the circumstances of each case and provide a mechanism by which Licensees
   can improve their compliance with the Laws in the future.

   2. General Provisions

          A. No Illegality on Premises: No Licensee shall permit any illegality to occur on the Licensed Premises,
             regardless of whether such illegality relates to the sale and service of alcoholic beverages. The
             Manager of Record shall at all times maintain order and decorum on the premises and in the
             immediately surrounding area of the premises and shall cooperate with City officials in ensuring safe
             and orderly facilities.

          B. Reporting of Incidents: All violations of the Laws are to be reported to the Canton Police
             Department by the owner, Manager, Assistant Manager, or any employee of the Licensee that
             becomes aware of an offense involving the Licensed Premises within twenty-four hours of said
             violation unless the incident is serious enough to comprise public safety and needs immediate
             attention at which time Canton Police shall be notified forthwith. Failure to report a violation
             involving the Licensed Premises constitutes a violation of these Regulations and will subject the
             Licensee to appropriate discipline in accordance with the procedure set forth herein.

          C. Penalties; Generally: Penalties for offenses shall be in line with the Town’s general goals of
             protecting public safety and the general welfare. Penalties will also be imposed with the goal of
             preventing future offenses. A violation of these Regulations alone (rather than state law or the
             Ordinances) may give rise to the issuance of penalties pursuant to this Article to the extent permitted
             under law. The nature and severity of the penalties imposed will be decided according to the nature of

the offense and the presence of mitigating or aggravating circumstances as further described herein.
        All offenses by Licensees will result in the imposition of a penalty of some degree. This will impress
        upon Licensees, managers, and servers their responsibility for ensuring compliance with these
        Regulations, for prevention of offenses and for compliance with the terms of licenses and the liquor
        laws of the Commonwealth.

   i.       Types/Categories of License Penalties. Penalties by the Board may consist of any one or more of
            the following as appropriate: (a) Revocation of License; (b) Suspension of License; (c)
            Modification of License; (d) Imposition of New Conditions on the License; (e) Mandatory
            Participation in Alcohol Abuse and Offense Prevention Programs; and/or (f) any other reasonable
            penalty, in the Board’s reasonable discretion.

  ii.       Penalty Guidelines. The penalty guidelines stated in these Regulations are intended to provide
            indication of the range of penalties the Board will impose if a hearing is held on any offense. The
            Board will refer to these guidelines by deciding whether to approve a negotiated recommended
            resolution.

D. Police Department Recommendation; Negotiation Procedure; Record Keeping. The Police
   Department is authorized to negotiate with any authorized representative of the Licensee the terms
   upon which the Police Department will recommend to the Board that an offense be resolved.

   i.       Any such negotiated recommended resolution must be in writing, signed by the Manager of
            Record or designated representative of the Licensee charged with the offense and approved by the
            Police Chief. The recommendation must include a statement detailing the facts determined in the
            Police Department investigation. The recommended resolution is not binding upon the Town
            unless and until approved by the Board.

  ii.       If the Police Department and the Manager of Record and/or an authorized representative of the
            Licensee cannot agree on a recommended resolution, the Police Department will make any
            additional investigation it deems necessary for a complete presentation of the facts and will file a
            written report with the Board.

 iii.       The Board may consider, but is not required to accept, a negotiated resolution recommended by
            the Police Department. The Board is empowered to consider alternative penalties consistent with
            this Article XIV and the Laws.

 iv.        The Police Department and the Board will maintain a public record of offenses and their
            disposition that will be indexed according to the Licensee, Manager or Assistant Manager, server
            and purchaser involved.

E. Notice to Licensee. Written notice shall be provided to a Licensee of an alleged violation of the Laws.
   The notice provided to Licensee may contain the Police Department's recommendation to the Board
   concerning the punishment for the alleged violation. The notice will include the date of the event
   giving rise to the possible disciplinary action, a description of the event, and a clear identification of
   the Laws that are alleged to have been violated as a result of the event. Said notice will also provide
   Licensee with the date upon which the Board will hold a hearing concerning the Licensee's alleged
   violation. A notice containing the above-mentioned information shall be sent to Licensee via certified
   mail return receipt requested no less than ten (10) days prior to the date of the hearing before the
   Board. Licensees are entitled to retain counsel to represent them at the hearing if they so desire.

F. Written Statement of Disciplinary Action. If the Board decides to take disciplinary action against
   the Licensee for a violation of the Laws, the Board will provide the Licensee with a statement of
   reasons why disciplinary action was taken against Licensee. The above-mentioned statement of

reasons will be included with the notice of the Board’s disciplinary action.

    3. Determination of Penalties

    Penalties will be determined according to the following procedure.

        A. The base level offense(s) will be determined from those offenses described in Article XIV, Section 4.

        B. Adjustments according to the presence of factors that warrant an increase in the penalty described in
           Article XIV, Section 5 ("aggravating factors") or decrease described in Article XIV, Section 6
           (“mitigating factors") will be considered.

        C. Adjustments according to the number of violations involved in the particular offense will be
           considered.

        D. Adjustments according to the offender's acceptance of responsibility described in Article XIV, Section
           6 will be considered.

        E. Increases according to the number and circumstances of prior violations and penalties previously
           imposed upon the offender described in Article XIV, Section 7 will be considered. The Board is
           entitled to consider fines or suspensions issued by the Alcoholic Beverages Control Commission in
           evaluating said prior violations and penalties.

        F. Increases based on any previous written warnings given by the Town to the Licensee will be
           considered. Such increases will consider the date(s) of the written warning(s), the reasons therefore,
           and the similarity of the incident resulting in the warning with the incident at issue.

        G. Adjustments according to the consequential misconduct described in Article XIV, Section 8 that is
           related to the base level violation will be considered.

    4. Base level offenses

All references in this subsection are to sections of Chapter 138 unless otherwise noted.

        A. Sale outside of permitted hours (Chapter 138, Sections 12 and 15;

        B. Purchase by person under age 21 (Chapter 138, Section 34A);

        C. Employment by Licensee of person under age 18 for direct handling or selling of alcohol;

        D. Sale or delivery to a person under age 21 for own use or for use of another (Chapter 138, Section 34);

        E. Sale to an intoxicated person (Chapter 138, Section 69);

        F. Hindering or delaying investigation (Chapter 138, Section 63A);

        G. Failure to post notice of penalty for driving under the influence and driving while drinking from open
           container of alcoholic beverage (Chapter 138, Section 34D);

        H. Failure to comply with section 204 CMR 4.03 (“Prohibition Against Happy Hours and Discounted
           Sales”) of the Alcoholic Beverages Control Commission regulations;

5. Aggravating Factors

   A. Failure to request identification card, operator's license, or passport;

   B. Juvenile appearance of purchaser;

   C. Use of altered identification;

   D. Refusal to cooperate in investigation;

   E. Multiple sales on same occasion;

   F. Quantity of beverage sold;

   G. Staff not suitably trained;

   H. Unregistered server;

   I.   Server unable to provide Server ID card upon request;

   J.   Underage server;

   K. Violations of other laws such as: prostitution, solicitation, drugs gambling, disorderly conduct,
      cigarette sales to minor;

   L. Concealing violation(s);

   M. Furnishing false information to investigator;

   N. Exceeding lawful capacity of premises;

   O. Intimidating or coercing witnesses or attempting to do so;

   P. Offense occurring while under suspension of penalty;

   Q. Sale occurring while license suspended; and/or

   R. The occurrence of any personal injuries or fatalities related to the underlying violation.

6. Mitigating Factors

   A. Reasonable reliance upon an identification card or operator's license for proof of identity or age.
      (Chapter 138, Section 34B);

   B. Acceptance of responsibility as shown by:

      i.   Substantial and voluntary assistance offered in investigation
     ii.   Public acknowledgment of responsibility
    iii.   Agreement to participate in training program by Licensee, manager, and servers
    iv.    Prompt notice of decision not to contest charge and agreement to proposed recommended
           resolution.

v.   Agreement to participate in an effective program to detect and prevent future
            offenses.

   C. Successful passing of alcohol compliance stings.

   D. Random compliance checks without violations.

7. Previous Violations

   A. Same offense.
   B. Different offense.
   C. Recent prior offense.
   D. Same Manager.
   E. Same server.
   F. Severity of prior penalty.
   G. Offense while under suspension of prior penalty.

8. Consequential Misconduct Related to an Underlying Violation

   A. Operating under the influence.
   B. Causing personal injury or death.
   C. Causing property damage.
   D. Disturbance of the peace.
   E. Domestic violence.

9. Imposition of Penalties or Other Outcomes

   The Board will impose penalties for offenses consistent with this policy.
   Offenders may expect one or more of the following consequences as appropriate in the judgment of the
   Board.

   Suspension of license for a stated number of days and specified dates. Licensees are advised that the
   following chart only represents guidelines for use by the Chief of Police and the Board when making their
   respective recommendation and decision in response to a License violation. The Board, in accordance with
   the mitigating and aggravating factors presented above, retain the authority to deviate from these penalty
   guidelines where the circumstances are appropriate.

   •    First Violation: Letter of reprimand and /or suspension up to 5 days of both. Optional: with liquor
        closing hours of 11:00 p.m. for ten (10) days.

   •    Second Violation: Suspension of license from 3 to 10 days with liquor closing hours of 11:00 p.m. for
        30 days.

   •    Third Violation: Suspension of license from 10 to 30 days with liquor closing hours of 11:00 p.m. for
        30 days.

   •    Fourth Violation: Revocation of license.

   For the purpose of counting Violations, prior actions on other occasions by the Alcoholic Beverage
   Control Commission taken against the license holder will be counted as Violations that will be applied to
   the guidelines above.

   If the Board finds at a hearing that the license holder’s actions were grievous, the Board may add an

additional Violation to the number of Violations being applied to these guidelines.

    The Board will consider the longevity of a Licensee when determining suspensions and penalties based on
    the following chart:

Years Without a Violation                            Relief
Less than 3 Years                                    Subject to the Rules and Regulations of the Board
3 to 5 years                                         One day relief (i.e., from three days to two)
5 to 7 years                                         Two days’ relief (i.e., from three days to one)
7 or more years                                      Three or more days’ relief

    Suspension of License for a stated number of days and specified dates, with a portion of the suspension
    deferred upon condition that no further offenses occur within a specified period of time and that Licensee
    waives right to hearing upon such further offense.

    Revocation of License or suspension of registration of server for a specified period of time after a due
    process hearing for cause, and thereby limiting or preventing the employment of a server by a Licensee
    within the Town.

    Mandatory participation in prevention programs by Licensee, Manager, Assistant Manager, and server as
    appropriate.

10. Appropriate publicity of offense and disposition.

    While the Board will endeavor to impose penalties upon Licensees in a manner consistent with these
    Regulations and this Article XIV, where exigent or special circumstances warrant, such as a violation of
    these regulations resulting in serious personal injury or death, the Board retains the authority in such
    circumstances to immediately order a full hearing, provide a Licensee an opportunity to present evidence,
    and to revoke a license where the evidence so warrants a revocation.

11. Reporting of Violations and Penalties Imposed

    The Board shall receive semiannual reports from the Police Department and/or Licensing
    Administrator detailing violations of these Regulations from the date of the previous reporting period, and
    the penalties imposed by the Board for said violations. Reports shall be submitted to the Board no later
    than May 1st and November 1st of each year. The Board will use these reports to analyze the factors are
    commonly associated with violations, such as over serving, underage serving, failure of serving training or
    registration, etc. This process will allow the Board to periodically review this policy and recommend any
    areas of the policy that need to be amended, and/or updated.

Town of Canton Rules and Regulations Governing Alcoholic Beverages Acknowledgment

I hereby attest and acknowledge that I have reviewed and understand the policies, procedures, rules and
regulations contained in the Town of Canton Rules and Regulations Governing Alcoholic Beverages. I understand
that it is my responsibility to comply with all of the policies and procedures included in the document.

_____________________________                 _____________________
Signature of Manager                          Date

_______________________________               _____________________
Signature of Owner/Principal                  Date

_______________________________________________________________________________________
Name and Address of Establishment

Policy for Common Victualler Licenses

Policy Number VIII
Issue date: January 27, 2004
Type of policy: New ( x ) Amended ( )
Effective date: January 28, 2004

Level: Department ( )       Division ( )        Town Wide ( x )

                                Policy Statement
This policy statement sets forth the requirements and application process for a Common
Victualler license. A copy of the application can be found in the Appendix (Appendix
H), and has been made a part of this policy.

                                    References
                                        None.

                                  Special Terms
                                        None.

                                Policy Description
A.     REQUIREMENTS – New Applications (new locations)

1.       Fill out and sign application form.
       2.       Submit one-time seventy-five dollars ($75.00) processing fee.
       3.       Submit a set of floor plans, site plan and description.
       4.       Submit a copy of Bill of Sale or Lease Agreement. If a corporation,
                submit a copy of Articles of Organization.
       5.       Check with Building Inspection Department to see if properly zoned (or if
                a special permit is required from Zoning Board of Appeals or site plan
                review from the Planning Board). Have Building Department confirm
                building occupancy limits. Submit a set of floor plans and other required
                applications and information. (Compliance with AAB/ADA guidelines)
       6.       Check with the Fire Department for required applications and permits, and
                submit floor plans.
       7.       Check with Board of Health for required applications, permits, and submit
                floor plans.
       8.       Check with Department of Public Works (if external grease trap is
                required).

       Prior to the issuing of a license, either new or a license being transferred to a new
       owner, inspection reports (sign-offs) will be required from the Board of Health,
       Fire Department, and Building Inspection Department; a sign-off from the Public
       Works Department (if necessary); a sign-off from the Finance Department that
       "ALL TAXES, FEES, FINES, ETC." have been paid to the Town is required; and
       a Business Certificate, if required, from the Town Clerk's Office.

B.     RENEWALS – Prior to any renewal of a Common Victualler license, the
applicant must obtain confirmation from the Building Department, Board of Health, Fire
Department, and Department of Public Works that there are no current code violations.
These confirmations must be submitted in writing to the Executive Office as part of the
application for a renewal of license.

C.     FLOOR PLAN AND DESCRIPTION (SAMPLE)

       1.       Address
       2.       Type of Building
       3.       Entrance and Exits
       4.       Number of Rooms
       5.       Number of Tables and Chairs
       6.       Bar Area: Number of Seats
       7.       Storage Area (Square Feet)
       8.       Kitchen Area (Square Feet)
       9.       Dance Area / Band Area
       10.      Outside Serving Area
       11.      Fire Protection Equipment including:
             a. Fire alarm system
             b. Sprinkler system
             c. Fire extinguishers

EXAMPLE:
     228 Main St., Canton, MA. Wood frame building with two entrances on Main St.
     Two exits rear of building. Tables and chairs with seating for 96 people. One bar
     with seating for 15 people. A basement storage area with 1000 square feet.
     Kitchen area has 750 square feet. No dance floor. No outside serving area.

     Floor plan will not be required for annual renewals as long as no changes have
     been made or requested.

D.   COST AND PROPOSED DATE OF OPENING

     The applicant shall submit an estimated cost of the project and projected date of
     opening to the Board of Selectmen.

E.   PROCEDURE FOR REVIEW OF APPLICATIONS FOR COMMON
     VICTUALLER'S LICENSE BY BOARD OF SELECTMEN

     1. If an applicant appears before the Board of Selectmen for a Common
        Victualler License, on premises that require renovation with a Building Permit
        but the applicant does not yet have approved plans or a Building Permit, the
        Board may refuse to process the application or deny it until such time as the
        applicant has the appropriate Building Permit and plans approved by the Fire
        Department.

     2. A Building Permit with approved plans for construction, reconstruction or
        renovation of a facility for a restaurant or inn, does not guarantee that a
        Common Victualler License will be approved.

     If an applicant appears before the Board of Selectmen for a Common Victualler
     License, the Board may grant the License subject to completing the construction
     work in accordance with the approved plans. The License would not, however, be
     issued to the applicant until the Board received verification that the construction
     has been completed in accordance with the approved plans.

F.   PUBLIC HEARING WITH THE BOARD OF SELECTMEN

     The applicant will be scheduled to have a public hearing with the Board of
     Selectmen when the Executive Office has received notification from the Building
     Department, the Board of Health and the Fire Department that the application is in
     compliance with their regulations. The Board of Selectmen shall determine if a
     Common Victualler License is issued after conducting a public hearing.

If the application is approved by the Board of Selectmen, a license will be issued
       after payment of the seventy-five dollars ($75.00) license fee to the Town of
       Canton, upon the completion of the premises according to the plans submitted, the
       payment of all taxes, fees, fines, etc., to the Town, and the receipt of a Business
       Certificate, if required, from the Town Clerk.

G.     IMPORTANT TELEPHONE NUMBERS FOR LICENSING /INSPECTIONS

TOWN OFFICE                                 ROOM                   TELEPHONE #

Executive Office                     Memorial Hall Floor 2                 781-821-5000
Board of Health                      Pequitside Farm – 79 Pleasant St.     781-821-5021
Board of Selectmen                   Memorial Hall Floor 2                 781-821-5000
Building Department                  Memorial Hall Basement                781-821-5003
Fire Department                      99 Revere St.                         781-828-1315
Fire Department/Fire Prevention      99 Revere St.                         781-828-1315
Planning Board                       Memorial Hall Floor 2                 781-821-5019
Police Department                    1492 Washington St.                   781-821-5090
Public Works Department              Memorial Hall Basement                781-821-5023
Finance Department - Collections     Memorial Hall Floor 1                 781-821-5006
Zoning Board of Appeals              Memorial Hall Basement                781-575-6589

All Town offices relevant to licensing/inspection are located at 801 Washington Street
(Memorial Hall) with the exception of the Board of Health, Police and Fire departments,
which are found at the following locations:

Fire Department              Administrative Offices                99 Revere St.
Police Department            Administrative Offices                1492 Washington St.
Board of Health              Pequitside Farm                       79 Pleasant St.

Policy on Utility Company Petitions

Policy Number IX
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )         Division ( )        Town Wide ( x )

                                   Policy Statement
This policy establishes and standardizes the guidelines for the procedure relating to
Utility Company petitions.

                                       References
                                          None.

                                    Special Terms
                                          None.

                                  Policy Description
I.     Procedure

The Executive Office will first receive a petition or joint petition from a Utility Company
(UC) or Utility Companies. The petition should include: an overview of the proposal
including the notification and hearing requirements; a formal petition to be signed by the
Board upon a vote to grant the petition; a map of the area involved.

Upon receipt of this petition, a designated employee of the Executive Office (designee)
shall send complete copies of the petition to the Engineering Division and the
Department of Public Works (DPW) to confirm that there will be no impact upon the
Town’s infrastructure, including Water/Sewer, drainage, et al. The designee shall also
send a complete copy to the Board of Assessors requesting a list of abutters, if required.

Once the approval of the Engineering Division, the DPW, and the Assessors has been
received in writing, the designee shall schedule a public hearing two (2) weeks from the
receipt of approval. If abutter notification is necessary, a letter informing all abutters of
the hearing, with a copy to the UC(s) shall be mailed out immediately.

Conduct of the public hearing shall follow the guidelines outlined in the Policy on
Powers, Duties, and Obligations of the Board of Selectmen.

Following a vote of the Board to grant the petition, the original signed copy of the
petition shall be given to the Town Clerk. The Executive Office shall retain a copy of the
signed petition and all written correspondence pertaining to the petition for filing
purposes.

II.    Cases of Emergency

In the event of an emergency or a case where an unsafe condition will result, when the
normal process for utility petitions will undermine the Town’s ability to consider and act
upon such petition, the Board reserves its right to expedite the decision-making process.

Policy on Telephone Protocol

Policy Number X
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )         Division ( )        Town Wide ( x )

                                  Policy Statement
This policy statement sets forth the procedures and protocol for Town employees relative
to telephone calls.

                                      References
                                          None.

                                    Special Terms
                                          None.

                                 Policy Description
I.     General

The Board has prided itself on heretofore not utilizing an automated answering system,
but rather providing direct customer assistance to all callers. Moreover, the Board
recognizes that professional and efficient service begins with excellent telephone
etiquette at all levels, and thus commits to writing its goals and expectations for Town
employees when answering telephones.

II.        Purposes and Goals

The purposes of telephone procedures include, but are not limited to:

       •   Maintaining a positive image of Town employees in the eyes of the public.
       •   Showing pride in one’s work.
       •   Allowing callers to hear a friendly, helpful voice when they have a problem.
       •   Maintaining a consistent level of helpfulness and friendliness throughout the
           entire workforce.

III.       Expectations

Town employees are expected to always be courteous, friendly, and exude a positive
manner when answering telephone calls. Moreover, they are expected to stop all prior
conversations and tasks, and devote his/her complete attention to the call. Employees
should answer all ringing phones in four (4) rings or less, regardless of whose
responsibility it is to answer that particular phone line.

For specific suggestions and guidelines when answering a call, putting callers on hold,
transferring a call, and taking messages employees are asked to refer to the full list Town
of Canton Telephone Procedures (see Appendix I).

Employees are expected to keep the Town Directory readily available to transfer calls to
the correct department/individual. Employees are expected to communicate with co-
workers when taking breaks to ensure phone coverage is not adversely impacted.

Policy on Employee Use of E-mail, Internet, and Other
                      Electronic Systems

Policy Number XI
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )         Division ( )        Town Wide ( x )

                                   Policy Statement
       Among other things, this policy is intended to guide Town of Canton employees,
volunteers, and contractors in the performance of their duties.

        This policy serves as notice to the employees, volunteers, and contractors of the
Town of Canton that all data, including any that is stored or printed as a document, is
subject to audit and review. There is no expectation of personal privacy in the use of the
Internet and e-mail systems when using computers or services provided by the Town of
Canton.

Finally, this policy serves to delineate acceptable uses of the Internet and e-mail systems
by Town of Canton employees, volunteers, and contractors [collectively also referred to
as “users” or “employees”] while using government-owned/leased equipment, facilities,
Internet addresses, domain names, and/or e-mail services registered to or provided by the
Town of Canton. It seeks to ensure that the use of the Internet and e-mail systems by
Town of Canton employees, volunteers, or contractors while conducting work for the
Town of Canton and/or while using Town of Canton provided systems is consistent with
the Town of Canton policies, all applicable laws, and the individual user's job
responsibilities.

References
                                           None.

                                     Special Terms
                                           None.

                                  Policy Description
I.     Purposes

        The purposes of the Town of Canton’s computer and other electronic systems,
including, but not limited to, electronic mail [“e-mail”] and the Internet, are to provide an
efficient and effective means of internal and external communications, and to improve
work productivity and work product. This policy addresses access to and the disclosure
of information from such electronic systems.

II.    General

       The Town of Canton promotes Internet and e-mail use that enables employees,
volunteers and, contractors to perform Town of Canton missions and encourages its
employees, volunteers, and contractor personnel to develop Internet and e-mail skills and
knowledge. It is expected that employees will use the Internet and e-mail to improve their
job knowledge; to access scientific, technical, and other information on topics which have
relevance to the Town of Canton; and to communicate with their peers in other
government agencies, academia and industry on matters of relevance to their work for the
Town of Canton.

       (a)    Responsible Use: Users are advised not to use the Internet or e-mail
systems for any purpose which would reflect negatively on the Town of Canton or its
employees.

       (b)     Property of the Town of Canton: The Town of Canton’s electronic mail
and Internet systems are business tools. These systems shall be used in a professional
manner for legitimate business purposes only and, at all times, remain the property of the
Town of Canton.

       (c)     Scope: This policy applies to:

               (1)    All technical resources that are owned or leased by the Town of
Canton that are used on or accessed from Town of Canton premises, or that are used for
Town of Canton business. This policy also applies to all activities using any Town of
Canton-paid accounts, subscriptions, or other technical services, such as Internet access

and e-mail, whether or not the activities are conducted from Town of Canton premises;
and

               (2)    All full-time or part-time employees of the Town of Canton and
volunteers and contractors who are authorized by their supervisors to use Town of
Canton resources.

        (d)    Information is Not Private: The Town of Canton computers and the data
stored on them are, and remain at all times, the property of the Town of Canton. As such,
all messages created, sent, or retrieved over the Internet or the Town’s electronic mail
systems are the property of the Town of Canton, and should not be considered private
information. Employees have no right to privacy as to any information or file transmitted
through or stored on the Town of Canton’s computer systems, electronic mail, or other
technical resources.

        (e)    Use With Respect for Others: Access to the Internet via Town of Canton
resources and use of Town of Canton provided e-mail must only be for Town of Canton
purposes. To that end, the use shall not disrupt or interfere with the work of other
network users, adversely affect the operation of the Internet or the Town of Canton's own
internal network, or misrepresent the interests of the Town of Canton.

       (f)      Monitoring and Disclosure: The Town of Canton reserves the right to
access, retrieve, read and disclose any data, messages or files stored on Town of
Canton-funded systems for any purpose. Employees should be aware that, even when a
message is erased or a visit to a web site is closed, it is still possible to recreate the
message or locate the web site. The Town of Canton reserves the right to monitor use of
these systems to prevent abuse, enforce other policies, and access information. Access
may occur in, but is not limited to, situations indicating: (1) impropriety, (2) violation of
Town of Canton policy, (3) legal requirements, (4) suspected criminal activities, (5)
breach of system security, or (6) to locate substantive information or monitor employee
performance and conduct. The contents of these systems may be disclosed by Town of
Canton Management within or outside of the Town of Canton without employee
permission. Furthermore all communications including text and images may be disclosed
to law enforcement or other third parties without prior consent of the sender or the
receiver. The Town of Canton has unlimited access to protect the security of these
systems or the Town of Canton’s property rights.

       (g)     Consent: All Town of Canton employees, who are provided with access to
the Town of Canton’s e-mail system, Internet, or other electronic systems are required to
abide by the Town of Canton's policy contained here and in other relevant documents.

III.   Use of the Internet

       The Town of Canton provides Internet access to employees for their use in
performing their duties for the Town of Canton. All employees of the Town of Canton

are responsible for using Internet resources in an effective, ethical, and lawful manner. It
is the Town of Canton’s policy that the Internet resources, like other Town of Canton
assets, be used for the benefit of the Town of Canton. All Internet use should be
congruent with the Town of Canton’s overall government policies. The Town of Canton
reserves the right to monitor and/or log all network activity with or without notice,
including all web site communications, and therefore, users should have no expectations
of privacy in the use of these resources. Use of the system in violation of this or other
Town of Canton policies is prohibited and may lead to disciplinary action, up to and
including termination.

       (a)     Uses that are acceptable and encouraged:

              (1)     Communications and information exchanges directly relating to
       the mission, charter and work tasks of the Town of Canton,

              (2)      Announcements of Town of Canton procedures, meetings, policies,
       services, or activities;

               (3)    Use for advisory, standards, research, analysis, and professional
       society or development activities related to the user's Town of Canton job-related
       duties; and

              (4)    Use in applying for or administering grants or contracts for Town
       of Canton research programs.

       (b) Uses that are unacceptable: It is unacceptable for a user to access, use,
submit, publish, display, download, save, or transmit on the network, or on any computer
system, any information which:

               (1)      Violates or infringes on the rights of any other person, including
       the right to privacy;

              (2)     Contains defamatory, false, inaccurate, abusive, obscene,
       pornographic, profane, sexually oriented, threatening, racially offensive, or
       otherwise biased, discriminatory, or illegal material;

              (3)     Violates Town of Canton regulations prohibiting sexual
       harassment;

               (4)     Restricts or inhibits other users from using the system, or the
       efficiency of the computer systems,

              (5)     Encourages the use of controlled substances or uses the system for
       the purpose of criminal intent; or

               (6)    Uses the system for any other illegal purpose.

(c)     It is also unacceptable for a user to use the facilities and capabilities of the
system to:

               (1)     Conduct any non-approved business;

               (2)     Solicit the performance of any activity that is prohibited by law;

               (3)      Transmit material, information or software in violation of any
       local, State or federal law;

               (4)     Conduct any political activity;

               (5)     Conduct any non-Town of Canton-related fund raising or public
       relations activities;

               (6)     Engage in any activity for personal gain or personal business
       transactions, or

               (7)     Make any unauthorized purchases.

       (d) Copyrighted Material: Users may download copyrighted material, but its use
must be strictly within the agreement as posted by the author or current copyright law.
The federal Copyright Act at 17 U. S. C. 10 1 et seq. (1988), protects and prohibits
misuse of all original works of authorship in any tangible medium of expression. This
includes a prohibition on plagiarism (using someone else’s ideas or writing and passing it
on as one’s own).

        (e) E-Mail: Internet e-mail is considered network activity, thus, it is subject to all
policies regarding acceptable/unacceptable uses of the Internet as well as the Town of
Canton's e-mail policy. Users should not consider Internet e-mail to be either private or
secure.

        (f) Passwords: Access to the Internet may require a password and authorized
employees are prohibited from giving their password to any other person, except as
provided in this policy. The password remains the property of the Town of Canton, and
all passwords must be disclosed to the Information Systems Manager.

IV.    Uses of E-mail System

        The Town of Canton provides an e-mail system to employees for their use in
performing their duties for the Town of Canton. All employees of the Town of Canton
are responsible for using the e-mail system in an effective, ethical, and lawful manner. It
is the Town of Canton policy that the e-mail system, like other Town of Canton assets, be
used for the benefit of the Town of Canton. All e-mail use should be congruent with the
Town of Canton's overall government policies. The Town of Canton reserves the right to

monitor and/or log all network activity with or without notice, including all web site
communications, and therefore, users should have no expectations of privacy in the use
of these resources. Use of the system in violation of this or other Town of Canton policies
is prohibited and may lead to disciplinary action, up to and including termination.

        (a)    The Town of Canton's e-mail system is for official Town of Canton
business and it shall be unacceptable to use the system for unrelated purposes, including
but not limited to, the following:

               (1)    To send or receive “chain” or similar type “letters.”

               (2)    To send or receive documents in violation of copyright or other
       laws.

              (3)     To knowingly open mail not directed to you. Except to the extent
       that Town of Canton reserves the right to access and review all electronic uses
       and records, e-mail messages are confidential.

               (4)    To send messages in violation of the Town of Canton’s security
       policies.

              (5)     To forward electronic messages without a legitimate business
       purpose under circumstances likely to lead to embarrassment of the sender or to
       violate the clearly expressed desire of the sender to restrict additional
       dissemination.

              (6)     To send messages that are false or misleading, inaccurate, abusive,
       obscene, pornographic, profane, sexually oriented, threatening, offensive,
       discriminatory, or illegal, including but not limited to sending messages under an
       assumed name or with the intent to obscure the origin of the message.

               (7)     To solicit or proselytize for commercial ventures, religious or
       political causes, outside organizations or other non-job related solicitations.

       (b)    Avoid “carbon copying” individuals who have no direct involvement or
“need-to-know.” Likewise, e-mail to all users should only be used on very rare occasions
when every person on the system has a direct need to know.

       (c)    Avoid “forwarding” e-mail to a third party unless necessary (see “carbon
copying”). When forwarding, explain the reason for the forwarding action and edit out
any potentially inappropriate contents. If in doubt about the appropriateness of
forwarding a given piece of mail, check with the originator for guidance.

      (d)    When sending an e-mail requiring “action,” be sure to indicate which
“TO” addressee(s) is/are to take the action.

(e)      Do not “say” anything in an e-mail message that could prove embarrassing
or compromising to you or others. Each employee is responsible for the content of all
text, audio, or images they transmit.

       (f)     Avoid potentially contentious exchanges through e-mail.

        (g)    Confidential and sensitive information, such as performance reviews,
disciplinary and/or corrective actions, attorney-client privileged information, personnel
information, and health or medical information should not be communicated via e-mail.

        (h)   Communications that would be inappropriate under other Town of Canton
policies are equally unacceptable if delivered via electronic communication. These
communications may include, but are not limited to, harassing or discriminatory
comments, breaches of confidentiality, and insubordinate statements.

        (i)     Use your common sense in determining when to use e-mail, in what is
said, and to whom. Remember that no electronic communication is private and the Town
of Canton reserves the right to monitor and review all communications originating from
or entering its computer systems.

V.     Security and Virus Protection

       (a)      E-mail and/or Internet access may utilize passwords for security; however
employees should be aware that the reliability of such tools for maintaining
confidentiality cannot be guaranteed. Additionally all passwords must be made known to
the Town of Canton, through the Information Systems Manager.

         (b) To prevent computer viruses from being transmitted through the system,
employees are not permitted to download any software onto their computer or any drive
in that computer or on the network. When downloading a file or opening an e-mail
attachment, users must scan all materials with Town of Canton provided virus protection
software. Additional consideration of policies established by the Information Systems
Manager should be used in determining how to handle potentially damaging e-mails or
files.

VI.    Enforcement

        This policy is intended to be illustrative of the range of acceptable and
unacceptable uses of the Internet and e-mail systems provided by the Town of Canton
and is not necessarily exhaustive. Questions about specific uses should be directed to the
user’s supervisor. The supervisor shall consult the Information Systems Manager to
determine of any policy violation has occurred.

       Immediately upon implementation of this policy, supervisors will be responsible
to provide a copy of this policy to, and collect signed consent forms from, all employees
who currently have access to the Town of Canton's Internet or e-mail systems.

Prior to authorizing new access, the supervisor is responsible to provide a copy of
this policy to, and collect signed consent forms from all employees who will have access
to the Town of Canton's Internet or e-mail systems.

        The supervisor will review alleged or suspected violations of the policy and clear
violations may result in disciplinary actions. Any user violating these provisions or
applicable local, State or federal laws is subject to immediate loss or restrictions of
Internet/e-mail privileges, additional disciplinary actions, up to and including termination
of employment, and/or criminal prosecution.

VII.   Consent Agreement

         As a condition of employment, all Town of Canton employees must acknowledge
that all computer and electronic systems, including but not limited to, electronic mail and
Internet network activity are the property of the Town of Canton, and therefore, they
should not consider any activity to be private. Current users of the Town of Canton's
Internet or e-mail systems must sign the consent form provided, within thirty (30) days of
receiving a copy of this policy. Prior to obtaining new access to Internet or e-mail
systems provided by the Town of Canton, employees must sign the consent form
provided (see Appendix J). By signing the consent form, users acknowledge that they
have received a copy of the policy, read it, and understand the Town of Canton's Policy
and the potential penalties for non-compliance.

Policy on Mail Handling

Policy Number XII
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )          Division ( )        Town Wide ( x )

                                   Policy Statement
This policy is written not only in response to recent national concerns of so-called “mail
tampering,” but also in an attempt to standardize the procedure for mail handling.

                                       References
                                           None.

                                     Special Terms
                                           None.

                                   Policy Description
I.       General Information

     •   The mailroom is located on the first floor of Memorial Hall, 801 Washington
         Street.
     •   Both the postage meter and the copier/printer require the use of the relevant
         department’s authorization code.
     •   The postage meter is not to be used for personal mailings.

II.       Procedure

      •   The United States Postal Service will daily deliver a container of mail to the mail
          sorting room.
      •   A designated Town employee will then sort and place the mail for each
          department in the appropriate mail slots.
      •   Each department will obtain its mail from the mail sorting room and transport it to
          their offices.
      •   Inter-office mail handling protocol does not require mail to be delivered to
          individual departments/offices or to be opened by the employee(s) sorting the
          mail.
      •   It is advised that all Town employees read the FBI Advisory relative to evaluating
          suspicious letters or packages (see Appendix K).

Policy on Amending the Traffic Rules and Regulations

Policy Number XIV
Issue date: January 27, 2004
Type of policy: New (x)      Amendment ( )
Effective date: August 13, 2010

Level: Department ( )        Division ( )        Town Wide ( x )

                                  Policy Statement
This policy codifies as part of the Administrative Code the methods and procedures for
adding Traffic Rules and Regulations or amending those already adopted by the Town
(Board of Selectmen). For a comprehensive list of the Traffic Rules and Regulations,
please contact the Executive Office. A copy of this policy will be provided to all
inquiring traffic concern form applicants.

                                     References
                                         None.

                                   Special Terms
                                         None.

                                 Policy Description

I.         General

The Board shall endeavor to ensure that the Traffic Rules and Regulations are kept
updated and modernized on an as-needed basis to best serve an interest in public safety.
The Board shall endeavor to balance both public safety concerns and to allow for the
improvement of traffic efficiency, and the improvement of Town roads relating to it.

II.        Procedure

All requests or petitions to add or amend the existing Traffic Rules and Regulations
should be addressed to the Department of Public Works at 801 Washington Street,
Canton, MA, 02021. Upon the receipt of a written request or petition for an addition or
amendment to the existing Traffic Rules and Regulations, including, but not limited to
the placement of additional signage and traffic control devices, the Department of Public
Works will send a letter of acknowledgement to the applicant, copied to the Executive
Office within three (3) business days.

Traffic Concern Forms upon review of the Department of Public Works, will be placed
within one (1) of the two (2) procedural paths to be determined by estimated project cost.
Traffic Concern Forms with an estimated project cost of one thousand (1,000) dollars and
under, regarding signage, replacement, maintenance and other related materials, will be
placed within path one (1) to provide an expedited process and will be approved directly
by the Superintendent of Public Works. Traffic Concern Forms with an estimated project
cost of one thousand (1,000) dollars and one (1) cent and above, will be placed in path
two (2) and will require the Traffic Study Committee (recommendation) and the Board of
Selectmen review and approval.

Traffic Concern Form Path 1: The Department of Public Works, will make a full
investigation into the request, using information documented in Appendix A and review
all pertinent regulations as it pertains to MassHighway’s 2003 Manual on Uniform
Traffic Control Devices and the Standard Municipal Traffic Code, October 2006, within
ten (10) business days. If the Department of Public Works, finds the request to be
practicable, the Department of Public Works will endeavor to schedule and complete
required work to fulfill the request within ten (10) business days.

Traffic Concern Form Path 2: The Department of Public Works, will make a full
investigation into the request, using information documented in Appendix A and review
all pertinent regulations as it pertains to MassHighway’s 2003 Manual on Uniform
Traffic Control Devices and the Standard Municipal Traffic Code, October 2006, in
addition determine whether an engineering study and/or consultation services are needed.
The Department of Public Works, upon investigation will create a letter report and
determine whether or not to send it to the Traffic Study Committee, within ten (10)
business days. The Traffic Study Committee, who meets as needed, has up to ten (10)
business days to do a full review of all pertinent information and alternatives, given to
them by the Department of Public Works. Within such time, the Traffic Study
Committee will make a recommendation to the Board for decision-making.

It shall be the policy of the Board to defer to the Traffic Study Committee for their
opinion and guidance concerning any matter relating to an addition, amendment or
change to the existing Traffic Rules and Regulations prior to making a final decision if
practicable. In all such policy matters, the Police Chief, the Fire Chief (if applicable), the
Superintendent of Public Works, and any other designated elected or appointed officials
that the Board feels should be consulted prior to any final decision shall submit their
advice and professional guidance concerning any request.

It shall be the policy of the Board to require an advertised public hearing when discussing
the adoption of the amendment of or addition to the Traffic Rules and Regulations. Upon
the receipt of the written opinion of the Traffic Study Committee, the Executive Office
shall schedule the requisite public hearing for the next scheduled Board meeting that
meets the advertisement requirements. The Executive Office may advertise the hearing
in a local newspaper prior to the public hearing. Public hearings shall be held in
conformance with the procedures for hearings before the Board outlined in Policy II,
Section XXV.

The Board will receive all pertinent information and reports from the Traffic Study
Committee and the Department of Public Works. Upon the decision of the Board, the
Department of Public Works, will endeavor to schedule and complete required work to
fulfill the request for non-engineering study inquiries no latter then two (2) month from
the decision date of the Board.

Department of Public Works, upon Board approval for engineering study required
projects will schedule all necessary engineering consultations, review and planning
assessments and complete such work no latter then two (2) month from the decision date
of the Board. Once completed Department of Public Works, will provide full report to
the Board for project final decision. Upon the decision of the Board, the Department of
Public Works, will endeavor to schedule and complete inquiries no latter then two (2)
month from the decision date of the Board.

At any time during this process, as define in Appendix B and C, the Department of Public
Works, the Traffic Study Committee and/or the Board may find the request is not
practicable and a letter of explanation from the Department of Public Works, as to why
the request could not be met will be mailed to the applicant, copied to the Executive
Office and the Board. The applicant can appeal the decision directly to the Executive
Office, with the Board reserving the authority of appellate review.

Upon a vote of the Board to amend or add to the Traffic Rules and Regulations, the
Executive Office shall publish their decision, if favorable, in one more local newspaper
and Town website for two consecutive weeks indicating the effective date of any
amendment or addition.

III.       The County of Norfolk

The Town of Canton will seek approval from the County of Norfolk via The County
Commissioners as required by law, when necessary.

IV.        Projected Timetable

All listed timeframes found within are projected timeframes to establish an estimated
range of decision-making and approved project completion. Traffic Concern Form
projects that require an engineering study, consultation services and/or MassDOT
approval will take significant time to complete. Projects requiring MassDOT, after the
Town submits all required documentation, it is understood that the decision, is MassDOT
to make on the final determination of the requested approval, in accordance to MassDOT
internal scheduling.

V.         Emergency Clause

The Board has the sole discretion to waive the provisions of this policy should an
emergency or situation of urgency warrant immediate action.

APPENDIX A

   REGULATION AND BY-LAWS RELATIVE TO WAYS AND BRIDGES AND
                MOTOR VECHICLES SPEED AND USE

                                        ARTICLE I

                                 AUTHORITY TO ACT

Section 1-1. In accordance to the laws and regulations of the M.G.L. c. 85, section 2, the
MassDOT will erect and maintain on state highways and ways leading thereto and
therefrom and on all main highways between cities and towns such direction signs,
warning signs or lights, curb, street or other traffic markings, mechanical traffic signal
systems, traffic devices, or parking meters as it may deem necessary for promoting the
public safety and convenience and to make rules and regulations relative thereto.

Section 1-2. Any rule, regulation, order, ordinance or by-law, by the Town of Canton,
hereafter made or promulgated relative to or in connection with the erection or
maintenance of signs, traffic control signals, traffic devices, school zones, parking meters
or markings on any way within its control shall take effect without MassDOT’s written
approval provided such signs, traffic control signals, traffic devices, parking meters,
school zones or markings in conformance with MassDOT’s current manual on uniform
traffic control devices and MassDOT's sample regulation for a standard municipal traffic
code.

Section 1-3. The Town of Canton must seek written approval from MassDOT for:

   (1) any way at its intersection or junction with a state highway;
   (2) any project which is or was federally aided, in whole or in part;
   (3) any traffic signal or flasher in any city of town which does not employ a
       registered professional engineer in the commonwealth to design, redesign or
       change the timing and sequence of signal or flasher;
   (4) any sign excluding heavy commercial vehicles;
   (5) any school zone establishment or signing in relation to which the city or town
       intends to seek reimbursement from the commonwealth;
   (6) any one-way street sign which would prohibit the free flow of two-way traffic
       between adjoining cities or towns on a through way or main way, as determined
       by the department, or any one-way street signs which would not be placed at an
       intersection of public ways.
   (7) any rule, regulation, order, ordinance or by-law of a city or town which when
       made or promulgated would exclude motor vehicle travel on any existing way
       which connects one city or town with another.
   (8) Notwithstanding the foregoing, speed control signs may be established only in
       accordance with the provisions of section eighteen of chapter ninety.

Section 1-4. The Town of Canton has the authority to act via the Board to investigate all
traffic concern requests, and act upon the recommendation of the Department of Public
Works and/or the Traffic Study Committee, as it is deemed, to best serve public safety.

                                      ARTICLE II

                                   SPEED CONTROL

Section 2-1. Of the special regulations adopted by municipalities under the provisions of
the M.G.L. c. 90, Section 18, the most commonly used is the special regulation of the
speed of motor vehicles. Municipal officials, usually the Police Department, must obtain
considerable data including speed observations and trial runs. The final determination is
based upon the 85- percentile method, which is that speed at or below which 85% of the
vehicles observed were actually traveling. MassDOT representatives are available to
demonstrate the proper method for conducting the necessary studies and drafting the
covering regulation, upon written request of local officials.

Section 2-2. Procedure for Establishment of Legal Speed Zones:
   (1) Municipality to make proper studies and submit data to MassDOT.
       (Municipalities usually accept the available services of MassDOT in conducting
       studies and assembling the data).
   (2) After MassDOT reviews the speed zones, proposed by the local authorities, they
       are returned to the municipality for formal adoption by the rule-making body.
   (3) Upon receipt of notice of formal adoption by municipality, MassDOT, acting
       jointly with the Registry, will certify and approve.
   (4) Certified regulation is returned to municipality.
   (5) Official Speed Limit signs may then be installed in accordance with the specific
       provisions of the approved speed regulation.
   (6) The Speed Regulation is then enforceable against violators.

Section 2-3. In accordance with M.G.L. c. 90, Section 18, any changes to the Town of
Canton’s Speed Limit signs, will be published in one or more newspapers in the town or
county, in which the town is situated, before the change in the Speed Limit sign, can take
affect.

                                      ARTICLE III

                  HEAVY COMMERCIAL VEHICLE EXCLUSION

Section 3-1. In accordance with M.G.L. c. 85, Section 30, a commercial vehicle
exclusion, (for commercial vehicles or objects weighing more then ten (10) thousand
pounds) from a municipal way may be authorized provided a suitable alternate route is
available. The alternate route shall have an effective width and pavement structure, which
can safely accommodate the additional truck traffic. In addition, the alternate route must
meet one of the following conditions:

(1) Lie wholly within the community making application,
   (2) Lie partially in an adjacent community but only on State Highway, or
   (3) Lie partially in an adjacent community but have the adjacent community’s written
       approval.

Section 3-2. An engineering study, as outlined in the Data requested below, must be
made. In addition, one or more of the following may be sufficient justification for truck
exclusion:
1. Warrants

   A. A volume of heavy commercial vehicles, which usually is in the range of five (5)
      to eight (8) percent, reduces the utilization of the facility and is cause for a
      substantial reduction in capacity or safety.
   B. The condition of the pavement structure of the route to be excluded indicates that
      further repeated heavy wheel loads will result in severe deterioration of the
      roadway. (Subject to MassDOT review)
   C. Notwithstanding the foregoing, in certain instances where land use is primarily
      residential in nature and a municipality has requested exclusion only during hours
      of darkness, a specific night exclusion may be granted.

2. Data
       Before MassDOT can consider a heavy commercial vehicles exclusion proposal,
the municipality or another authorized entity as determined by the Town of Canton must
submit the following data:

   A. A twenty-four hour consecutive count of all vehicles using the subject street. (If
      the exclusion is requested for only twelve hours, a twelve-hour count will suffice.)
      The count shall be broken into one-half hour intervals showing:
              (1) Commercial vehicles with a carrying capacity over 21⁄2 tons
              (2) Other vehicles
   B. Map of the area, with the excluded street marked in red, the alternate route in
      green.
   C. Physical characteristics of excluded and alternate streets in question, i.e, length,
      width, type and condition of surface and sidewalk.
   D. Types of buildings or property abutting street (Residential, Business, School,
      Playground, etc).
   E. Zoning of Street (Residential, Industrial, etc.).
   F. Proximity of probable alternate route to the proposed excluded route and the
      additional distance to be traveled using the alternate route.
   G. Types of traffic control existing on street.
   H. Hours during which exclusion is to be in effect.
   I. A written statement from the municipality as to the need for the exclusion.

Section 3-3. Once the Town submits all required documentation and data, it is solely the
decision of MassDOT to make the final determination on the requested approval. If

approved the Town will publish such new regulations and post proper signage in a
conspicuous place at both ends of the part of said way from which traffic is prohibited, in
accordance with MassDOT regulations and M.G.L. c. 85, Section 30.

APPENDIX B

                                  TCF Procedural Path 1 Flow Chart
                                   (TCF Projects $1000 and Below)

Projected    Citizen will fill out and submit a
Timetable:   Traffic Concern Form (TCF) to the
             Department of Public Works (DPW).

Within 3     DPW upon receiving TCF will mail a
Business     letter of acknowledgement to the
Days         citizen, copied to the Executive Office.

Within 10    DPW will make a full investigation
Business     into the request, create a letter report
Days         and make a recommendation whether
             or not to approve the request.
                                                               If not approved, a letter of explanation
                                                               to why the request could not be
                                                               fulfilled to the citizen, copied to the
                                                               Executive Office. The Citizen can
Within 10    Upon approval, DPW will schedule                  appeal the decision directly to the
Business     and contract work to be done to fulfill           Executive Office.
Days         the request. Two consecutive weeks
             notice in newspaper and town website
             of changes or additions to Town rules
             and regulations.

                                            APPENDIX C

TCF Procedural Path 2 Flow Chart
                                    (TCF Projects $1000.01 and Above)
Projected
Timetable:
                Citizen will fill out and submit a
                Traffic Concern Form (TCF) to the
                Department of Public Works (DPW).

Within 3        DPW upon receiving TCF will mail a
Business        letter of acknowledgement to the
Days            citizen, copied to the Executive Office.

                DPW will make a full investigation into the request,
Within 10       review pertinent regulations, procedures and determine
Business        whether an engineering study will have to be
Days            completed and to what extent. Create a letter report and
                make a recommendation whether or not to send it to
                the Traffic Study Committee (TSC) for review.

                                                                        Possible end point. Letter of
                TSC with the help of DPW will review                    explanation from DPW to citizen,
Within 10       pertinent information and alternatives.                 copied to the Executive Office. The
Business        Upon TSC approval, DPW will                             Citizen can appeal the decision
Days            provide a letter report to the Board of                 directly to the Executive Office.
                Selectmen (BOS) for decision-making.

At Next
Suitable        BOS will receive all pertinent information
Public          and reports from DPW, hold public hearings
Meeting         if necessary, and make a final decision

                                                                    Possible end point. Letter of
                                                                    explanation from DPW to citizen,
                                                                    copied to the Executive Office. The
                    1. Non-engineering study: Upon BOS              Citizen can appeal the decision
No Latter                                                           directly to the Executive Office.
                       approval, DPW will schedule and
Then 2 Months
                       contract work to be done to fulfill
From The Date
                       the request. Two consecutive weeks
Of The Board
                       notice in newspaper and Town
Approval
                       website of changes or additions to
                       Town rules and regulations.
                    2. Engineering study: Upon BOS,
                       approval DPW will schedule all
                       necessary engineering consultations,
                       review and planning assessments.
                       Once completed DPW will provide
                       full report to BOS for project
                       decision.

(Flow Chart
Continued)

At Next
Suitable        BOS will receive all pertinent
Public          information, reports from DPW and
Meeting         engineering reports. Hold public
                hearing if necessary, and make final
                decision.

                                                          Possible end point. Letter of
                                                          explanation from DPW to citizen,
No Latter       Upon BOS approval, DPW will               copied to the Executive Office. The
Then 2 Months   schedule and contract, work to be done    Citizen can appeal the decision
From The Date   to fulfill the request. Two consecutive   directly to the Executive Office.
                weeks notice in newspaper and Town
Of The Board
Approval        website of changes or additions to
                Town rules and regulations.

Policy on Authorizing Work or Services Performed by Any
Municipal Department for Town and School Departments and
                Other Agencies or Entities

Policy Number XV

Issue date:
Type of policy: New ( x )     Amendment ( )
Effective date:

Level: Department ( )         Division ( )         Town Wide ( x )

                                   Policy Statement
The purpose of this policy is to provide a mechanism for the Executive Office to monitor
and approve the external use of various municipal staff, equipment and materials by any
Town/School Agency, Department or Entity (public or private) hereafter “entities.”

                                       References
                                           None.

                                     Special Terms
Internal Use – The usage of any municipal department’s staff, equipment and materials
authorized and organized by the department itself.
External Use – The usage of any municipal department’s staff, equipment and materials
by any entity outside of the department, public or private. Please note: this policy refers
strictly to the External Use of departmental staff, equipment and materials.

Policy Description
I.        General

A systematic communication and services monitoring system will enable the Town to
more effectively track the use of municipal staff and to better evaluate current and future
municipal service levels and support systems. A monitoring system will also enable the
various municipal departments to more effectively and efficiently support and provide
services to these entities and ensure that requests made by these entities are promptly and
fairly evaluated. Routine departmental functions and services shall not be compromised
to accomplish any special request made.

II.       Procedure for Assignment of Work to DPW Personnel

The following procedure shall be followed whenever any external entity seeks to have
any employee(s) of any municipal department perform any task or function on behalf of
any external entity.

       1. Before requesting municipal personnel to perform a task, the agency shall forward
          a copy of the proposed description of work that will require involvement of
          municipal personnel and equipment to the relevant Department Head. He/she
          shall review the proposal in order to determine whether said department will be
          able to perform the task. The Department Head’s evaluation shall include
          whether the department has the technical capability to perform the tasks requested
          and whether the present workload of the department will enable them to perform
          the task in the time frame requested. The Department Head shall report the
          results of this evaluation to the Executive Office as soon as possible. Such report
          shall include a brief summary of the scope of the requested task, and the
          Department Head’s recommendation to either perform or not perform the task. In
          the event that the Department Head does not approve the initial request, he shall
          immediately contact the Executive Office to advise why the department will not
          undertake any such request.
       2. If approved, the Department Head or his/her designee shall prepare a project
          schedule and assign the appropriate personnel, equipment, and materials to
          accomplish the request.
       3. If disagreement results related to project approval, denial or approach between the
          Department Head and any requesting entity shall be brought to the attention of the
          Executive Office. If it cannot be worked out to the satisfaction of all at that level,
          such appeal shall be brought to the Board of Selectmen. The Board shall then
          render a final and binding decision.

III.      Oversight of Approved Projects

       A. The Department Head shall establish a formal system for monitoring the timely
          completion of any agreed upon tasks that have been assigned under Section II of
          this policy (the projects), and for tracking the performance of departmental

employees in these tasks. The Department Head shall also estimate the cost of the
   personnel, materials and equipment.
B. The Department Head shall, in his/her quarterly report to the Board, include a
   section pertaining to the monitoring of the projects. This section shall include a
   status report and a timetable relating to progress on major assignments.
C. The Department Head shall report to the Executive Office whenever tasks are
   creating an unexpected, unreasonable or excessive workload for said department.

Policy on Street Opening Petitions

Policy Number XVI
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )        Division ( )        Town Wide ( x )

                                 Policy Statement
This policy statement sets forth the procedure to be followed with regard to any request
made in the Town of Canton for all street excavations.

                                     References
                                         None.

                                   Special Terms
                                         None.

                                 Policy Description
I.     Procedure for Applying for Street Openings

Any petitioner seeking to excavate within a Town-owned layout must first submit an
application for a Street Excavation Permit (see Appendix L) to the Department of Public
Works (DPW), including an accurate fee schedule. Payment for the permit application
may be either cash or in the form of a certified bank check made payable to the Town of
Canton. Payment for all refundable deposits must be in the form of a certified bank
check, made payable to the Town of Canton.

The DPW Administration Office shall follow the Street Opening Application Checklist
when processing an application for street excavation (see Appendix M). The DPW
Administration shall retain this checklist for filing purposes.

With the exception of utility companies the applicant must obtain a public works
construction license prior to applying for any street excavation permits. If the applicant
intends to do work other than curb cuts and paving for driveways, or sidewalk
construction, that applicant must also obtain a utility contractor’s license.

All applicants must provide a dig safe number on the application.

The applicant must notify the Water Division for water/sewer markouts prior to filing.

Minimum period for reviewing and approving a street excavation permit for the proposed
opening shall be forty-eight (48) hours.

In the event that a proposed street opening is located within a scenic way, approval of the
Planning Board must be provided in writing if the scope of the work invokes the Scenic
Way Rules and Regulations as adopted by the Planning Board.

The application must receive the approval of the Highway Supervisor for location, and
finally the Superintendent of Public Works, or the Assistant Superintendent of Public
Works in his/her absence.

Applications will only be received prior to November 1. All digging must be completed
by November 15, and all work must be final paved and/or brought back to as near
original condition as possible by November 30. The Superintendent of Public Works
reserves his/her right to alter these dates to reflect varying weather conditions.

If the scope of the work requires detours or the closing of a street, please refer to Policy
XVI for the proper protocol and procedure.

Once the application is approved, the applicant must keep a signed, approved copy on site
while performing the excavation.

Policy on Petitions for Street Closing and the Detouring of
                                Traffic

Policy Number XVII
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )          Division ( )        Town Wide ( x )

                                   Policy Statement
This policy statement sets forth the procedure to be followed with regard to any petition
made in the Town of Canton for the closing of streets and roadways, and the detouring of
traffic.

                                       References
                                           None.

                                     Special Terms
                                           None.

                                  Policy Description
I.     Procedure

Any person, contractor, company, or entity, hereafter “petitioner” seeking to temporarily
close a street or roadway shall first submit their request in writing to both the Police and
Fire Chiefs including the specific dates, times, and locations relevant to the proposal.

Any request must include a proposed detour with a statement of intent to provide signage
for said detour.

Upon receiving written approval from both the Police and Fire Chiefs the petitioner must
then submit in writing a request to the Executive Office. This request must include not
only the information already submitted to the Police and Fire Chiefs, but also written
copies of their approval. The request will then be placed on the agenda for the next
regularly scheduled Board meeting, where the Board will vote on the petition. It is the
policy of the Board to only grant permission for street closings when the request allows
sufficient time to notify the public of the street closing via local media.

In no case, other than an emergency, shall a request be granted to a petitioner providing
less than forty-eight (48) hours notice. The Board may delegate the authority to grant
permission for street openings in cases of emergency to a designee including, but not
limited to the Police Chief.

In accordance with local by-law, any work undertaken shall be conducted between the
hours of 7:00 AM and 10:00 PM. If possible, the Board would prefer that the permit
holder conduct all work between the hours of 9:00 AM and 3:30 PM.

Policy on Abatement or Adjustment of Water and Sewer
                           Charges

Policy Number XVIII
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )         Division ( )        Town Wide ( x )

                                   Policy Statement
The costs associated with the operation of the Town's water and sewer services are paid
for by user charges pursuant to an enterprise accounting system. These charges, for the
most part, are determined by the amount of the service consumed, i.e., the number of
water units used or sewerage treated. Customers are also charged for miscellaneous
services such as water turn on/shut off, water meter tests, meters, connection fees and
other occasional services. Since errors can and do occur in recording and calculating
consumption of water and sewer, it is the policy of the Town to correct such errors and to
make a corresponding adjustment in customers' bills.

For billing purposes the Town assumes that sewer use equals water use. When a
customer can demonstrate that a quantity of water billed to the user did not go into the
sewer system, other than a toilet leak that does enter the system, the Town will make a
reasonable adjustment in the user's bill. The Board reserves the right to deduct “sewer
charges” when it is determined the sewer portion costs are the result of a special
circumstance.

This policy establishes a formal appeal (to the Board) process by which a customer can
obtain a review of a determination regarding a customer's application for abatement or
request for adjustment if the user is not satisfied by the decision of the Superintendent of
Public Works as recommended by the Water/Sewer Division Office, or if the user seeks

an abatement or adjustment that is not within the power of the Superintendent to grant.
See the attached abatement form.

                                         References
MGL Ch. 44 § 531⁄2F
MGL Ch. 59 § 5

                                  Special Terms Defined
     A) Abatement: A change in an issued utility bill for reasons not attributable to errors
        made in calculating the utility bill OR demonstration of non-use of a service.
        (Normally performed by the Board or designee)

     B) Adjustment: A change in an issued utility bill for reasons attributable to errors
        made in calculating the utility bill or because it was demonstrated that the service
        was not used. (Normally performed by the Water/Sewer Division of the
        Department of Public Works)

     C) Billing Period: The period of time between one reading of a meter (either actual
        or estimated) and a second reading of a meter (either actual or estimated) when the
        difference between the meter readings is used to calculate consumption of a utility
        service.

     D) Same Cycle Billing Period: Billing periods from the same seasonal time of year,
        used to reflect similar usage when determining adjustments and abatements.

                                    Policy Description
I)        AUTHORITY FOR THIS POLICY:

              A) Board of Selectmen or designee.

              B) MGL Ch. 44 § 531/ 2 F Enterprise Funds (Annual Town Meeting
                 Approval)

II)     FORMS:
When required under this policy, requests for abatements must be submitted to the
Water/Sewer Division of the Department of Public Works in writing and the Department
will supply forms to be used to provide the information needed to act upon the matter
(see Appendix N). These forms, which may revised from time to time, include the
following:

•      Application for Water and/or Sewer Abatement (shall include all documentation).

•        Request for adjustment of Water and/or Sewer Bill
•        Appeal to the Board
•        Sewer Abatement Plumber's Verification

III)       SPECIFIC PROVISIONS:

           A) Grounds for Abatements:

    1)     Unexplained volume of water consumed:
               If a meter records a volume of water during one billing period that is higher
               than the volume of water recorded for the account of the same customer
               during the four (4) same cycle billing periods (at a minimum) before the
               period of the high usage, and if the customer demonstrates that there has been
               no change or a detailed explanation of increased water use in the occupant(s)’
               customary pattern of usage, and if the excessive volume results in application
               of a second (or third) “block” billing rate, then, upon receipt of a written
               abatement request, the Water/Sewer Division of the Department of Public
               Works will investigate the abatement request. If the Superintendent of Public
               Works finds that the above conditions exist, and a test of the meter proves the
               meter to be inaccurate, an appropriate adjustment will be made. In
               determining whether the volume of water recorded is excessive, the
               Water/Sewer Office will compare the average monthly rate of usage during
               the relevant billing period with the average monthly usage rate during the
               prior four (4) same cycle billing periods (at a minimum). The decision of the
               Superintendent (whether the volume recorded is unexplained and whether it is
               excessive) may be appealed by the customer to the Board.

           B) Grounds for adjustments:

    1)     Billing errors that entitle a customer to an adjusted bill
    2)     Reporting of the actual meter reading is incorrect
    3)     Recording on the inside and outside meters is different. The inside meter shall take
           precedence.
    4)     Estimated bill is higher than bill based on meter reading.
    5)     Incorrect number of units in the dwelling used to calculate bill for service at a multi-
           family dwelling with a single meter.
    6)     An error or miscalculation in a bill for miscellaneous services.
    7)     Sewer charges will be adjusted to correct for:
    a)     Major water leaks that result in a volume of water not entering the sewer system.
           The customer must submit verification from a licensed plumber as to the cause of
           the condition, signed by a licensed plumber having personal knowledge of the
           facts and repairs made.

b)    In order to avoid “sewer” charges for water used in swimming pool filling
        process, the customer must purchase and have installed a second meter.
  c)    Customer’s premises were not connected to the sewer system during the billing period.

        C) Abatements and adjustments for reasons other than those stated in this
           policy:

           Applications for abatements or requests for adjustments for reasons other than
           those stated in this policy must be made in writing directly to the Water/Sewer
           Division of the Department of Public Works, which will determine the
           validity of the request and the amount of any abatement or adjustment. A
           customer's inability to pay a water or sewer bill may not be grounds for
           abatement under this policy. The Water/Sewer Division will maintain a file of
           all such requests, including the written request, the results of any
           investigation, the action taken and the reasons therefrom including a specific
           statement why the abatement or adjustment was granted on grounds other than
           those stated in this policy. The file shall be subject to the Public Records Law.

IV)     SUBMISSION OF APPLICATIONS FOR ABATEMENTS AND
       REQUESTS FOR ADJUSTMENTS:

Applications for abatements and requests for adjustments must be submitted within two
(2) months after the end of the billing period for which an abatement or adjustment is
sought.

No application for abatement or adjustment will be accepted on any account unless all
amounts due on that account, including interest and penalties, for all billing periods prior
to the payment period covered by the abatement or adjustment application have been paid
in full.

Applications for abatement and requests for adjustment that are on file at the time of
adoption of this policy will be governed by this policy. Such pending applications or
requests will be eligible for favorable action for all billing periods to which they relate.

V)      PROCEDURE FOR SUBMISSION OF APPLICATIONS FOR
       ABATEMENT, REQUESTS FOR ADJUSTMENTS AND APPEALS TO THE
       BOARD OF SELECTMEN:

  A)    Administrative Review and Action (Step 1)

           Customers seeking abatements or requesting adjustments must contact, the
           Water/Sewer Division Office as designated by the Public Works
           Superintendent to process abatement applications and requests for
           adjustments. The customer may be requested to submit in writing a
           completed Application for Water and Sewer Abatement or Request for
           Adjustment. Applications and Requests will be date stamped by the

Water/Sewer Division of the Department of Public Works on the date they are
        completed and filed. Upon the receipt of an abatement or adjustment request,
        the Water/Sewer Office shall take one of the following actions:

        If the Water/Sewer Office determines that a billing adjustment as provided in
        Section V, B of this policy is necessary, the Water/Sewer Office will approve
        the adjustment and prepare a bill consistent with the adjustment. The
        Water/Sewer Office shall be authorized only to decide applications for
        requests for adjustments in amounts not to exceed one thousand dollars
        ($1,000). For amounts greater than one thousand dollars ($1,000), the
        Water/Sewer Office shall submit a written recommendation to the
        Superintendent of Public Works for approval as provided under Step 2 Section
        V.A of the Review process. For adjustments over one thousand dollars
        ($1,000) attributable to bill processing error, the Water/Sewer Division may
        make an adjustment without consulting the Superintendent, provided full
        documentation of the adjustment is made and retained for filing purposes.

        If the Water/Sewer Office determines that an abatement or adjustment as
        provided in Section V.C of this policy is required, the Water/Sewer Office
        will forward the abatement or adjustment request to the Board as provided
        under Step 3 of the Review process, with a copy submitted to the
        Superintendent.

        The Water/Sewer Office will process abatement applications and requests for
        adjustment requiring written notice within fifteen (15) days after the date the
        completed application or request was received.

        All abatement applications or requests for adjustment that cannot be resolved
        by the Water/Sewer Office within fifteen (15) days will be transferred
        promptly to the Superintendent of Public Works for review. The Water/Sewer
        Office may refer any application or request to the Superintendent of Public
        Works or the Board of Selectmen for initial action within the fifteen (15) days.
        The Water/Sewer Office shall promptly notify each customer whose
        application has been referred to the Board of Selectmen and/or designee and
        shall provide a copy of this policy to such customer.

B)   Superintendent of Public Works Review: (Step 2)

        The Superintendent of Public Works, will, within fifteen (15) days after
        receipt of an Application for Abatement or Request for Adjustment not
        resolved by the designee, including recommendations from the designee,
        decide whether to approve the requested relief. Said decision shall be in
        writing and include the reasons therefore. If the Superintendent of Public
        Works cannot resolve the abatement or adjustment within fifteen (15) days
        he/she shall return the application or request to the Water/Sewer Office for
        submission to the Board of Selectmen and/or designee.

The Superintendent of Public Works shall be authorized only to decide
           applications for abatement or requests for adjustments in amounts not to
           exceed four thousand dollars ($4,000). For amounts greater than four thousand
           dollars ($4,000), the Superintendent of Public Works shall submit a written
           recommendation to the Board’s designee for approval.

  C)   The Board of Selectmen (Step 3)

           The Board and/or their designee shall hear appeals from Steps 1 and 2 under
           the conditions stated in this policy, review abatement or adjustment decisions,
           and shall also act upon abatement applications and requests for adjustments
           that are not covered by other provisions of this policy.

           Failure to submit the request for appeal to the Board of Selectmen from a
           determination of the Superintendent of Public Works within thirty (30) days
           of receipt of the Superintendent's decision can result in the customer's appeal
           rights being nullified.

           If necessary the Board shall hear the customer and a representative of the
           Water/Sewer Division of the Department of Public Works and their witnesses,
           if any, and shall receive such documentary evidence as it deems relevant to
           the matter before it. The Board shall keep a record of its proceedings. Its
           proceedings and records are subject to the Open Meeting and Public Records
           laws of the Commonwealth as well as any requirements set forth in the
           Town's by-laws for all boards and committees. Such hearing shall not be
           necessary if the Board designee successfully resolves the abatement
           application.

           The Board and/or designee shall decide any action or appeal under Step 1 or 2
           within thirty (30) days after receipt of the appeal.

           All decisions shall be in writing, shall state the reasons for the decision and
           the amount, if any, of the abatement or adjustment. Decisions of the Board
           are final, subject to such judicial review as may be available under the laws of
           the Commonwealth of Massachusetts. A copy of all decisions shall be given
           to the Water/Sewer Office for filing purposes.

VI)    RECORD KEEPING:

The Water/Sewer Division of the Department of Public Works will maintain a log of all
abatement applications and requests for adjustment that shall include the customers'
name, account number, the reason for the abatement or adjustment and its resolution.
Copies of this log shall be distributed each month to the Board of Selectmen. The
Water/Sewer Division of the Department of Public Works will also maintain a file of all
applications for adjustment or abatement that shall include the written application, the
results of any investigation, the action taken and the reasons therefore. The file shall be
subject to the Public Records Law.

VII)    PARTIAL PAYMENT OF CONTESTED BILLS ACCRUAL AND
       REMISSION OF INTEREST AND PENALTIES:

Customers who file abatement applications or requests for adjustments are required to
have paid all prior bills (including penalties and interest, if applicable).

Should all or part of an abatement application or adjustment request be granted, any
“reimbursement” would be credited against future bills unless otherwise determined by
the Water/Sewer Office. No interest or late charges will accrue on the charges in dispute
during the abatement process.

VIII) METHOD OF GIVING NOTICE:

The Water/Sewer Division of the Department of Public Works will transmit all written
communications required to be given under this policy by registered or certified U.S.
Mail, return receipt requested, directed to the billing address of the customer unless the
customer has notified the Water/Sewer Division of the Department of Public 'Works in
writing of a different address.

For the purpose of the time limitations in this policy, the date of the postmark on
communications directed to or from the Water/Sewer Division of the Department of
Public Works and for communications delivered by hand to the Water/Sewer Division of
the Department of Public Works the date of receipt, shown by the date stamp of the
Water/Sewer Division of the Department of Public Works will be conclusive.

Revised 4/11/2008

              Policy on Senior Citizen Tax Credit Program

Policy Number XIX

Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )           Division ( )         Town Wide ( x )

                                     Policy Statement
This policy seeks to codify the program through which senior citizens are compensated
for aid they provide to the Town.

                                         References
                                             None.

                                       Special Terms

                                             None.

                                    Policy Description

I.       Purpose

     •   The purpose of this program is:
     •   To assist in using the expertise and skills of senior citizens.
     •   To increase community involvement.

Revised 4/11/2008

       •   To allow senior citizens to provide services to cover part of their property taxes in
           support of the Town.
       •   Provide financial relief from property tax to Canton seniors.

II.        Program Overview

The Town of Canton will offer senior citizens who are home owners and are of the age of
sixty (60) the opportunity to assist the Town in specific, temporary, part-time
assignments in order to reduce the amount of property tax owed as determined by MGL
and Town Meeting.

A participant can work up to approximately one hundred (100) hours. All participants are
considered outside service contractors and not considered Town employees for any
reason.

In no instance shall the amount by which a person’s property tax liability is reduced in
exchange for the provision of services be considered income, wages, or employment for
the purposes of taxation as outlined in MGL Ch. 62, for purposes of withholding taxes as
outlined in MGL Ch. 62B, for purposes of unemployment insurance as outlined in MGL
Ch. 151, for purposes of workers compensation as outlined in MGL Ch. 152, or any other
applicable provisions of any law. However, IRS requirements applicable to Federal
Income and Medicare Tax will apply to any amount of abatement.

Locations of assignments will be determined by the Canton Board of Selectmen with the
assistance of the “requesting” Departments.

A part time coordinator, Director of Council on Aging, telephone number 781-828-1323,
has been selected to manage the program. The coordinator duties include, but are not
limited to the following:

       •   Surveying buildings and departments to identify potential assignment openings.
       •   Recruiting qualified seniors as program participants.
       •   Developing promotional materials and program forms.
       •   Creating a computer database and keeping it current.
       •   Matching applicants with program openings.
       •   Recommending applicants to the Board of Selectmen.
       •   Processing all paperwork.
       •   Conducting an evaluation of the program.
       •   Providing a year-end report to be included in the Town Report.
       •   Maintaining close communication with the Town Administrator on all aspects of
           the program to properly keep the Board of Selectmen informed.

III.          Procedures

Program Coordinator selected and trained.

Revised 4/11/2008

Board of Selectmen/Town Administrator surveys buildings and departments for
appropriate program openings.

Board of Selectmen/Town Administrator publicizes program and Program Coordinator
recruits qualified seniors. Each interested senior completes an application form (see
Appendix O) and provides a copy of his/her tax bill.

Departments request a senior by sending an assignment request form (see Appendix P) to
the Program Coordinator with copies to Executive Office/Board of Selectmen.

Program Coordinator contacts seniors qualified for the requested assignment, completes
necessary forms. “Selections” will be offered to seniors by taking into consideration
skills, location, transportation, physical limitations, and previous volunteer service.

Town Administrator or Department Head(s) may interview seniors before making their
decision to or not to select for program, and return the interview form to the program
coordinator.

When a senior is selected, the Department Head and the senior complete a contract form,
which stipulates the assignment duties and hours to be worked. A copy of this form is
provided to the senior and to the program coordinator. The senior keeps a program
activity sheet, which is verified by his/her supervisor at the work site.

IV.          Eligibility

Program participants should:

      •   Be 60 years of age or older, as of January 1, 2008.
      •   Be homeowners or current spouses of homeowners, as of January 1, 2008.
      •   Reside within the Town of Canton.
      •   Occupy the property for which taxes are paid.
      •   Present a copy of his/her tax notice upon application to the program.
      •   Provide income verification information if requested.
      •   Program participation will determine final eligibility requirements in any given
          program year.

V.           Benefits

Benefits to the participants include the following:

      •   Greater control of their economic life.
      •   Opportunities to share the knowledge they have accumulated over a lifetime.
      •   Becoming involved in and contributing to a mutually regarding endeavor.
      •   Part-time, temporary positions fit nicely with busy senior's life styles.

Revised 4/11/2008

   •   In some cases, participants may continue to work with the Town as volunteers or
       apply for other temporary openings if the opportunity arises.

Benefits to the Town include:
   •   It is cost effective to fill temporary, part-time positions at minimum wage
       requirement.
   •   Temporary part-time assignments are often difficult to fill with competent help.
       Seniors in the program will bring years of experience to this program.
   •   The program offers the Town a creative opportunity to provide service to its
       community's seniors who, in most cases, must live on a fixed income in a time of
       ever-rising costs.
   •   By working side by side with seniors, Town employees and other members of the
       community, the seniors will come to better understand the needs of and the
       services provided by the Town of Canton.

VI. Tax Rebates

When the senior's assignment is completed, his/her time sheet is turned in to the program
coordinator who will verify the tax credit value of the hours worked.

POLICY#: VI-70 1⁄2.
                                                                                    HEALTH BENEFITS

                                         Town of Canton
                                       Supplemental Policy
                                Elected Officials Health Insurance

                                        Effective 5-21-03

                                       Amended 11-7-2023

 POLICY:             In an effort to properly administer and determine "eligibility" of those elected
                     persons, who are not statutorily by matter of right, required to be included on the
                     Town's Medical, Dental, and Life Insurance Plans, this policy is hereby
                     amended. This amended policy also is designed to limit overall costs to the
                     town.

 SCOPE:              This amendment to the Elected Official Health Insurance policy eliminates
                     eligibility for medical, dental and life insurance with two exceptions:
                     • As a full time employee, the Town Clerk will be eligible for insurance
                          benefits in accordance with the Town of Canton’s employee benefits
                          policy and the employees personal services contract.
                     • Any compensated elected official receiving insurance benefits at the time
                          of this amendment will be eligible to continue with that insurance benefit
                          for the duration of their service as a compensated elected official.
                          Benefits shall terminate when the elected official ends their service to the
                          town as an elected official. Should they return to service in the future as a
                          compensated elected official they will not be eligible for insurance
                          benefits.

 DEFINITIONS:         Eligibility for insurance benefits under this policy shall be limited to the Town
                      Clerk and any compensated elected official receiving insurance benefits on the
                      effective date of this policy.

 PLAN ELIGIBILITY:   Eligible elected officials will be eligible for insurance plans offered by the Town of
                     Canton according to the Town of Canton policy for employees and any provisions
                     of a personal services contract.

 APPLICATION:

TRANSITIONAL
 PROVISIONS:

ENFORCEMENT:

AUTHORITY:   Consistent with GL ch 32B §2 the Select Board approvals and decisions related
             to this policy shall be final

Policy on the Waiving of Municipal Inspection and Permit Fees

Policy Number XXI
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )         Division ( )        Town Wide ( x )

                                   Policy Statement
This policy statement sets forth the policy of the Board of Selectmen/designee on the
waiving of municipal inspection and permit fees for individuals, companies, contractors
and other entities, internal or external, providing services and/or permitted work
otherwise benefiting the Town.

                                      References
                                          None.

                                    Special Terms
                                          None.

                                  Policy Description
I.     General

A variety of fees are normally charged for the various services provided by the Town
including, but not limited to inspections and permits. In such cases, the intent of the

fee(s) is to recover the cost the Town incurs directly and indirectly for providing these
services. However, when an individual, company, contractor and/or other entity,
hereafter “entity,” is to render contract services to the Town, including but not limited to
renovation and construction, it shall be the policy of the Board to waive such fees
according to the provisions of this policy. The purpose of granting such fee exemptions
is to eliminate the inclusion of such charges and/or costs as part of any Town contract.

II.    Qualification for Fee Exemptions

For any entity to qualify for any fee exemption, it must first be determined to be
rendering contract services for the public benefit. The Board and/or designee reserve the
right to make such a determination.

III.   Bidding Process

If the contract services have been determined to be for the public benefit, the contractor
must then include in the bidding document or instructions an affidavit relative to fee
exemptions. The affidavit must state in writing that the bid is being made with the
understanding that the relevant fees will be waived, and that they have not been figured
into the ultimate cost of the contract service(s) being provided.

Policy on Entertainment and Amusement Permits

Policy Number XXIII
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )        Division ( )        Town Wide ( x )

                                  Policy Statement
This policy establishes and standardizes the guidelines for the procedure relating to the
application for Entertainment and Amusement permits.

                                     References
                                         None.

                                   Special Terms
                                         None.

                                 Policy Description
I.     Procedure

The resident will first complete an application for either Amusement Devices (see
Appendix R) or Entertainment Devices (see Appendix S), available in the Executive
Office. The application shall include: date of application, the applicant’s name,

applicant’s address, applicants home telephone number, the number of amusement
devices (if applicable), and the signature of applicant.
For amusement devices, a fee of fifty dollars ($50.00) per amusement devices shall be
included with each application when filed.

For entertainment permits, a fee of forty dollars ($40.00) shall be included with each
application filed.

Upon receipt of this request including the appropriate fees, the Executive Office/designee
shall fill out the appropriate permit for the applicant, and place the request on the agenda
for the next regularly scheduled Board meeting for action.

Once action is taken by the Board, the Executive Office/designee shall notify the
applicant of the decision.

The Executive Office shall retain a copy of the application and all written correspondence
pertaining to the request for filing purposes.

Policy on Yard Sale Permits

Policy Number XXIV
Issue date: January 27, 2004
Type of policy: New ( x ) Amendment ( )
Effective date: January 28, 2004

Level: Department ( )         Division ( )        Town Wide ( x )

                                   Policy Statement
This policy establishes and standardizes the guidelines for the procedure relating to the
application for Yard Sale permits.

                                       References
Canton Town By-Laws Article XIV § 50

                                    Special Terms
                                          None.

                                  Policy Description
I.     Procedure

The resident will first complete an application for a yard sale permit not less than
fourteen (14) days prior to the date, or dates, for which the permit is requested (see
Canton Town By-Laws Article XIV § 50). Applications shall be available either at the
front desk in Town Hall or at the Executive Office (see Appendix T). The application
shall include: date of application, the applicant’s name, applicant’s address, applicants

home telephone number, dates requested for yard sale, location of yard sale, hours of
yard sale and the signature of applicant.

Upon receipt of this request, the Executive Office/designee shall fill out a permit for the
applicant regarding the sale of household goods for the type commonly known as “yard,”
“tag,” or “garage” sales on such a premises where such a residence is located provided
that no such premises may be used for such purposes on more than two (2) consecutive
days twice in any one calendar year.

A fee of Fifteen Dollars ($15.00) shall be included with each application when filed.

A copy of the application shall be filed with the Fire Department and Police Department.

The Executive Office shall retain a copy of the application and all written correspondence
pertaining to the request for filing purposes.

In the event of inclement weather preventing a yard sale permit from being utilized, the
permit holder shall notify the Executive Office within one (1) week of the date listed on
the permit of any intent to postpone the yard sale. All postponed yard sale permits must
be utilized within sixty (60) days, after which time they are subject to forfeiture.

Policy on Converting Private Streets into Public Ways

Policy Number XXV

Issue date: October 2, 2012
Type of policy: New ( x ) Amendment ( )
Effective date: October 15, 2012

Level: Department ( )          Division ( )         Town Wide ( x )

                                    Policy Statement

This is a formal policy for the Town of Canton (“Town”) Board of Selectmen (“Board”) to
consider for the handling of requests by multiple property owners to convert a private street
into a public way. It is not intended as a legal memorandum to detail the various legal and
procedural requirements in connection with the Town laying out a public way, which can be
provided upon request.

                                     Special Terms
                                           None.

                                   Policy Description

I.     Response to Request for Layout of Public Way Informing Owners of Costs.

The Town’s policy is for the property owners abutting the private street to be laid out as a
public way to bear all costs for the layout and improvement of that street. When the Town
first receives a request to convert a private street into a public way, the Board will provide
proponents and other property owners a notice outlining the property owners’ responsibilities
to create the public way. A sample notice is attached as Exhibit 1.

II.    A Strong Majority (approximately 75%) of Lot Owners to Confirm Assumption of
       Costs.

Because the property owners will be required to bear all costs for the layout and
improvement of the way, a strong majority – if not all – of the owners must represent to the
Town in writing that they support the project and will assume a share of the costs and
obligations related to the layout and improvement of the way. One way to accomplish this is
to request each property owner to sign and return the sample outline attached as Exhibit 1.

III.   All Benefited Lot Owners To Bear All Engineering and Legal Costs.

The property owners will bear all engineering and legal costs to create the public way. All
affected property owners will be responsible to engage and to pay: (i) an engineer for all
surveying, layout design, installing surveyor monuments, and any as-built plans, and (ii) an
attorney for title work and title certification to the Town. The property owners will be
directly responsible for these costs per arrangements with their engineer and attorney whether
or not the public way is ever finally accepted.

IV.    All Benefited Lot Owners to Bear All Construction Costs.
The property owners will be responsible to pay all construction costs to improve the way to a
condition, as the Board shall determine, suitable for the Town to accept it, including but not
limited to full-depth reconstruction of the existing street, more temporary methods of
resurfacing and installing surveyor monuments, sidewalks and drains. Depending on the
construction required, the property owners may be able to pay for construction costs through
a combination of upfront payment or betterment assessment for a period not to exceed
10 years or other period allowed by law or otherwise advisable based on available rates and
conditions for any borrowing by the Town. To the extent the Board may assess betterments,
the Board will determine the shares that each property owner will be responsible to pay.

V.     The Survey Plan.

The property owners, through their engineer and at their cost, must provide to the Town at
least three copies of a survey plan showing the proposed roadway with precise linear
measurements, area calculations, necessary property boundaries, grade, property owner
names, property owner addresses and Town map and parcel numbers. A copy of the plan
should be forwarded to the Town’s Engineering Department. Once the Town’s Engineering
Department determines that the survey is acceptable, the property owners’ engineer will also
be required to forward the Town a final version of the survey in mylar form.

VI.    Title.

Once the Town’s Engineering Department determines that the survey is acceptable, the
survey must be forwarded to Town Counsel for review together with a certification by the
property owners’ attorney regarding ownership of the affected parcels so that Town Counsel
can confirm ownership and prepare easements for execution by the property owners.
Coordination by the Engineering Department and Town Counsel for review of the survey
may be appropriate when the Town first receives a survey to prevent the need for further
modification to the survey and unnecessary costs.

VII.    All Benefited Lot Owners to Grant the Town Easements for Property Rights.

Once title is confirmed, then all affected property owners will be required to grant to the
Town an easement for the Town to use their properties for public way purposes, including
any rights reasonably necessary for sloping, sidewalks or drainage that might be located
outside the paved portion of the street, based upon the Town’s standard form easement. A
sample standard form easement (with exhibits for a plan and mortgagee assent) is attached as
Exhibit 2.

VIII.   Collection of Signed Easements before Board of Selectmen Meeting.

The proponents of the public way must ensure that all necessary easements to the Town are
executed, collected and delivered to the Town at least 60 days prior to the deadline for the
submission of articles for the annual Town Meeting warrant. All necessary easements should
be so delivered prior to the Board meeting to create the public way. Once executed, the
easements can be delivered to the Town and held in escrow until Town Meeting votes to
accept the street as a public way and to authorize the Board to acquire the easements.

IX.     Referral to Planning Board for Planning Board Report.

Once all easements have been collected, the Board must forward the Planning Board the
survey pursuant to G.L. c. 41, § 81I for the Planning Board to make its non-binding report to
the Board regarding the proposed layout, including the dimensions, condition and
characteristics of the street and its recommendation as to whether the street should become a
public way.

X.      Meeting to Lay Out Way.

Once all necessary easements are executed and delivered to the Board and the Planning
Board has issued its report (or 45 days have passed since the Board referred the matter to the
Planning Board), the Board should meet to (i) find whether common convenience and
necessity support laying out the street as a public way, and (ii) vote as to whether the way
should be laid out as a public way.

XI.     Town Meeting Acceptance.

If the Board votes to lay out the street as a public way, then (i) Town Meeting must accept
the street as a public way, and (ii) the easements (or any order of taking) must be recorded at
the Registry of Deeds within 120 days of the Town Meeting, unless betterments are to be
assessed, in which case the Town should record the easements together with any initial order
for betterments within 90 days of Town Meeting acceptance. A sample warrant article is
attached hereto as Exhibit 3.

XII.    Betterments for Layouts.

In furtherance of a Town policy to require benefited property owners to pay for all
construction costs related to the layout, the Board may order a betterment (i.e., a special tax)
to be assessed against each of the benefited property owners for their proportionate share of
the costs for the improvement of the way. As part of this policy, the Board has determined
that all road and other improvements and associated necessary for acceptance, as determined
by the Board, will be borne by the property owners as (i) a full sum payment per agreement
with the Board paid to the Town before the Board votes to layout the street as a public way,
(ii) a betterment assessment, or (iii) some combination thereof, as determined by the Board
in the Board’s sole discretion, based upon any relevant factors and all applicable laws,
regulations and bylaws. The duration of any betterment assessment not to exceed 10 years
or other period allowed by law or otherwise advisable based upon available rates, terms and
conditions for any borrowings by the Town and to seek guidance from the Town’s Finance
Director with respect to the duration of the assessments.

XIII.   Conveyance of Benefited Parcels of Land

Upon conveyance or refinance of any benefited individual parcel of land, the remaining
amount of its proportionate share of the betterment assessment must be paid in full to the
Town at the time of such conveyance and or refinance. No failure to pay the Town in full
at the time of such conveyance or refinancing shall terminate or affect the responsibility
of any current or prior owner of any benefitted parcel or any successors in interest to such
parcel to pay the Town the full amount assessed nor the validity or enforcement of any
order or lien related to or arising from a betterment assessment.

EXHIBIT 1

Sample Outline for Property Owners

NOTICE TO PROPERTY OWNER

                                Of Town Policy to Create a Public Way

•   The creation of a public way generally requires (1) a survey to show the boundaries of the public way;
    (2) grants to the Town by you and your neighbors of permanent property rights for the Town to use
    your properties for a public way; (3) Planning Board review and report to the Board of Selectmen
    regarding the creation of the public way; (4) a public meeting of the Board of Selectmen to determine
    whether your street should be laid out as a public way; (5) acceptance by Town Meeting of your street
    as a public way; and (6) the recording of instruments granting property rights (easements and orders
    for takings or betterments) at the Registry of Deeds in the chain of title for your property.

•   The Town is not guaranteeing or representing to you that a public way will ever be laid out or accepted
    by the Town, even if you have undertaken necessary steps toward the creation of the public way and
    incurred costs in doing so.

•   All expenses incurred by you in connection with the creation of the public way are at your risk, even if
    no public way is ever created or accepted by the Town.

•   You will be responsible, at your cost, for all engineering and legal work for the creation of the public
    way, whether or not your street is ultimately laid out or accepted street as a public way.

•   You will be responsible, at your cost, for all expenses to improve your street to a suitable condition of
    the Town to accept as a public way through a payment, betterment assessment (i.e., a special tax) or a
    combination payment/betterment assessment. No betterment will be assessed until after meeting has
    accepted your street as a public way.

•   Because you and your neighbors will be required to pay the costs to create the public way, the Town
    will wish to see neighborhood support to have your street accepted as a public way. To indicate
    neighborhood support, the Town requests that you provide the Town a written representation, signed
    by a strong majority (approximately 75%) of the affected property owners that you support and are
    willing to pay the costs for the creation of the public way.

•   The work and costs will at minimum include the preparation of a survey of the street showing the
    boundaries of the street and title work and certification for all affected properties.

•   The survey should show precise linear measurements for the boundaries of the street and all parcels
    comprising a portion of the street, area calculations, names of current owners, Town map and parcel
    IDs, and title reference information.

•   The title work should include names of current owners, names of all current mortgagees and lien
    holders, appropriate title reference information for deeds, mortgages and liens for such parties, and a
    title certification by the property owners’ attorney regarding ownership of the affected parcels.

•   Once title is confirmed by the Town, you and all affected property owners will be required to sign the
    Town’s standard form easement (copy attached) to grant to the Town a permanent right to use your
    property for the public way.

•   Once all easements are signed, collected by the neighborhood and returned to the Board of Selectmen,
    the Board will consider holding a public meeting to lay out your street as a public way.

•   The Board of Selectmen may consider not holding a public meeting to determine whether the public
    way should be created until all executed easements are obtained and delivered to the Board. If even
    one easement is not obtained, then the Town may not create the public way.

•   Because the Town may elect not to consider creating the public way without a voluntary grant of all
    the easements, you should strongly consider whether and how all affected property owners should
    agree to bear the engineering, legal and construction costs required to create the public way prior to
    incurring any costs.

•   If betterments are assessed to assist with financing improvements, it may affect your sale or
    refinancing of your property.

Please sign below and return this form to the Town to indicate that you have read and
understand the above and that all expenses you incur are at your own risk without any
warranties or representations by the Town that your street will be established as a public
way, even if you have incurred expenses for such purposes.

Your signature below may have legal consequences. The layout of public ways and the
ordering of betterments are legal processes that will create binding legal obligations and
that will affect your rights to your property. If not understood, we recommend you
consult with an attorney.

UNDERSTOOD AND AGREED:

Sign:                                                                 Date:
Print:
Address:

Sign:                                                                 Date:
Print:
Address:

EXHIBIT 2

Standard Form Easement for Public Way

GRANT OF PERMANENT EASEMENT
                                        FOR PUBLIC WAY

                                           [ADDRESS], Canton

         [NAME] of [ADDRESS], Canton, Massachusetts (“Grantor”), for consideration given, do hereby
grant to the TOWN OF CANTON, a body politic and corporate having an address of Memorial Hall,
801 Washington Street, Canton, Massachusetts (the “Town”), acting by and through its Board of
Selectmen, with quitclaim covenants, a permanent right and easement over that portion of Grantor’s
Premises located at _______________, Canton Massachusetts and shown as “_____________” (the
“Easement Area”) on the plan entitled “________________,” dated _______________, prepared by
_______________________ and recorded at the Norfolk County Registry of Deeds (“Registry”) in Plan
Book ___________ as Plan No. ___________ (“Plan”) for the Town and the general public for access,
travel and use for all other purposes for which ways are used in the Town of Canton and Commonwealth of
Massachusetts, including but not limited to entering upon and traveling over the Easement Area by foot and
by vehicle, installation of utilities, and the construction, maintenance, grading, sloping, repair, replacement
and removal of asphalt paving, sidewalks and other such improvements.

        A reduced copy of the Plan is attached hereto as Exhibit A. An assent by the current holders of a
mortgage Grantor’s property, if any, is recorded herewith.

        For Grantor’s title, see the deed dated ___________ and recorded at the Registry in Book _____,
Page _____.

expires:

Acceptance of Easement

         The undersigned, constituting a majority of the Town of Canton Board of Selectmen, hereby
accept from Grantor the rights and easements granted hereby pursuant to the Town Meeting vote on Article
___ of the Town’s ____ Town Meeting.

         EXECUTED under seal this ________ day of ________________________.

                                                                        TOWN OF CANTON
                                                                        By its Board of Selectmen

                                                                        Chairman

                                                                        Vice Chair

                                                                        Clerk

                                                                        Selectman

                                                                        Selectman

Commonwealth of Massachusetts
Norfolk County, ss.

On this ________ day of ________________________, before me, the undersigned notary public,
personally appeared the members of the Town of Canton Board of Selectmen and proved to me through
satisfactory evidence of identification, which were      photographic identification with signature issued by
federal or state governmental agency,      oath or affirmation of a credible witness,    personal knowledge
of the undersigned, to be the person(s) whose names are signed on the preceding or attached document, and
acknowledged to me that they signed it voluntarily for its stated purpose as the Town of Canton Board of
Selectmen.

                                                               Notary Public
                                                               My commission expires:

Exhibit A to Easement

Copy of Street Acceptance Plan

[Insert 8.5" x 11" Copy of Plan]

Exhibit B for Use with Easement

Standard Form Assent by Mortgagee

MORTGAGEE ASSENT

                                           [ADDRESS], Canton

[LENDER], a Massachusetts banking institution having a usual place of business at _________________
and the present holder of that certain mortgage to [PROPERTY OWNER NAME] (“Owner(s)”) dated
______________ and recorded at the Norfolk County Registry of Deeds (“Registry”) in Book ________,
Page ________ (the “Mortgage”), hereby assents to the grant to the Town of Canton by Owner(s) of that
certain Grant of Permanent Easement for Public Way related to the property known as _______________,
Canton, Massachusetts and recorded at the Registry herewith (“Easement”), and agrees for itself and its
successors and assigns that the Mortgage is subordinate to the Easement and that no action or proceedings to
enforce the Mortgage shall result in the termination of any rights or obligations in such Easement.

Executed as a sealed instrument on this _________ day of _____________________.

                                                              [LENDER]

                                                              By:
                                                              Name:
                                                              Title:
                                                                       Duly authorized

State of _________________________
_______________________ County, ss.

On this _______ day of _______________________, before me, the undersigned notary public, personally
appeared _____________________, as __________________ for _______________, proved to me
through satisfactory evidence of identification, which were       photographic identification with signature
issued by federal or state governmental agency,      oath or affirmation of a credible witness,     personal
knowledge of the undersigned, to be the person(s) whose names are signed on the preceding or attached
document, and acknowledged to me that he/she signed it voluntarily for its stated purpose.

                                                              Notary Public
                                                              My commission expires:

EXHIBIT 3

                                 Sample Warrant Article

Article to Lay out _____ as a Town Way.

Article ___. To see if the Town will vote to accept _________ in Canton as a public way where it
intersects with ________,, as recommended by the Planning Board and laid out by the Board of
Selectmen pursuant to G. L. c. 41 and c. 82 more particularly described by the plan entitled
“_______________,” dated _______________, prepared by ___________________ and on file
with the Town of Canton Board of Selectmen; to see if the Town will authorize the Board of
Selectmen to acquire by purchase, gift or eminent domain the land or easements in all or any
portions of those parcels of land abutting ________ and listed below, as shown on the above-
referenced plan for access, grading, drainage, utilities, sloping, trails, public access and all
purposes related to the creation and maintenance of a public way; to see if the Town will vote to
appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of
money for such purposes; and further to authorize the Board of Selectmen and Town officers to
take any and all related actions necessary or appropriate to carry out the purposes of this article; or
to take any other action related thereto.

Property Address            Town Assessor ID

123 Some Street             Map xx, Parcel yy
456 Some Street             Map xx, Parcel zz