AN ACT FURTHER REGULATING THE PROVINCETOWN PUBLIC PIER CORPORATION
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 2 of chapter 13 of the acts of 2000 is hereby amended by striking out the words “Board of selectmen” and inserting in place thereof the following definition:-
“Select Board”, the duly elected select board of the town of Provincetown.
SECTION 2. The definition of “Town manager” in said section 2 of said chapter 13 is hereby amended by striking out the words “chapter 7” and inserting in place thereof the following words:- chapter 4.
SECTION 3. Subsection (b) of section 3 of said chapter 13 is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 4. Section 4 of said chapter 13, as amended by chapter 260 of the acts of 2002, is hereby further amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The corporation shall be managed by a board of directors consisting of 5 regular members and 1 alternate member, appointed by the select board. There shall also be 2 non-voting members appointed by the select board, 1 of whom shall represent commercial fishers and 1 of whom shall represent the charter boat industry or other tenant of the pier. The 2 non-voting members shall serve in an advisory capacity to the board of directors and shall be limited to making recommendations on matters of general policy affecting commercial fishers, charter boat operators or other tenants of the pier, subject to the limitations set forth in 930 CMR 6.23. Members of the board of directors shall have education and experience in 1 or more of the following fields: law, finance, marine operations and real estate and the board as a whole shall include persons with education and experience in several of these fields. Each of the members shall be sworn to the faithful performance of their official duties as a director of the corporation. A majority of the 5 regular members shall constitute a quorum for the transaction of any business, but any action of the board of directors shall require the affirmative vote of a majority of the entire board. The board of directors shall elect from among its members a chair, vice-chair, clerk, treasurer and other officers as it finds necessary and determine their duties. Upon the expiration of the term of office of any member of the board of directors, the successor of such member shall be appointed for a term of 5 years. Members of the board of directors may only serve for 2 consecutive 5-year terms. When a member is appointed to complete the term of another, it shall count as a full term if it exceeds 30 months. Members of the board of directors who have served 2 consecutive 5-year terms may be re-appointed after an absence of 1 year.
SECTION 5. Subsection (e) of said section 4 of said chapter 13 is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 6. This act shall take effect upon its passage.
Approved, January 5, 2023.