Idea #416 – Appoint Member to Board of Assessors

Report Status: Fully Reviewed

Researched by: Matthew Gasbarro

Original Idea as Submitted

Have an appointed member from the Select Board serve on Board of Assessors for more transparency.

Other ideas included in this report

  • None

Idea intent

The intent is that having a member of the Select Board serve on the Board of Assessors would increase transparency as the Select Board member is able to speak on behalf of citizen concerns more readily.

Weighted Final Score: 27 (Financial Impact: 0, Operational Impact: 4, Time Scale: 2, Ease of Implementation: 2)

Background Information

Belmont’s bylaw § 40-210: Board of Assessors has no enacted language and is marked as “reserved”. Per Belmont Town Clerk Ellen O’Brien Cushman, who researched the history back to 1859 Town Meeting records and noting that Belmont Town Meeting at that time was Open Town Meeting and the Annual Town Meeting also included the Town Election of officers:

  • March 28, 1859 Article 2 – Election of Town Officers.

  • Five members of Board of Assessors were voted into office to serve for one year.

  • March 16, 1860 Article 2 – Election of Town Officers.

  • Three members of Board of Assessors were voted into office to serve for one year.

  • March 6, 1882 Article 2 – Election of Town Officers.

  • Term of members of Board of Assessors and vote into office for three-year terms.

From MA law Ch. 41 Sec. 24 “Assessors; number; method of selection; tenure”:

There shall be one, three, five, seven or nine assessors in every city and one, three or five assessors in every town. The assessors in every city and town shall be elected or appointed as otherwise provided by law; but as nearly one-third of their number as may be shall be elected or appointed annually, each to hold office for three years and thereafter until his successor is duly elected or appointed. As soon as may be after such annual election or appointment, the assessors of every city and town shall organize by choosing one of their number as chairman and another as secretary or clerk of their board. None of the foregoing provisions shall apply to the city of Boston. In no city or town, including Boston, shall an assessor hold the office of collector of taxes or deputy collector of taxes, whether said deputy is appointed under the provisions of section thirty-seven of this chapter or section ninety-two of chapter sixty.

Belmont’s Board of Assessors is comprised of three members serving a three-year term with only one position up for election each year. The law states that members of the Board of Assessors may not also serve in the role of tax collector but provides no other restriction in additional town positions.

Since the government of Belmont is a town, MA law requires 3 or 5 members to the Board of Assessors. Therefore, a member of the Select Board cannot be simply appointed. Changes to the composition of the Board of Assessors would require Belmont to modify the Board of Assessors bylaw which necessitates a warrant at Town Meeting and subsequent vote.

It should be noted that in the January 15, 2020 video Transitioning Government: Elected to Appointed posted to the Massachusetts Division of Local Services YouTube channel, the Massachusetts Division of Local Services recommends that the Assessor position, as well as the Treasurer and Collector positions (one in the same role in Belmont) be an appointed position rather than an elected one. See idea 216 – Appoint All Positions.

Recommendations and Next Steps

  • Belmont should consider updating its bylaw governing the Board of Assessors to clearly state the mandate, composition, general and role-based duties, office hours and other language as needed.

  • Pursue the Massachusetts Division of Local Services recommendation to transition the Board of Assessors elected positions to appointed ones by the appropriate Belmont board or a new Town charter review committee.

Further Reading

<!-- -->