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HomeMy WebLinkAboutHome Rule Charter - 1973 Amendments through 2006HOME RULE CHARTER MANSFIELD, MASSACHUSETTS `I N N SF /� o` NCr O �9Ta�0 SAD N EFFECTIVE: March 1, 1973 AMENDED: March 21, 1983 AMENDED: May 22, 2000 AMENDED: August 6, 2003 AMENDED: June 20, 2005 AMENDED: May 9, 2006 AMENDED: May 26, 2006 A TRUE PPPY , A TOWN CLE C HOME RULE CHARTER MANSFIELD, MASSACHUSETTS CONTENTS ARTICLE 1 Powers of the Town .......................... ............................... 1 ARTICLE 2 TownMeeting ................................. ............................... 2 ARTICLE 3 Elected Officials ................................ ............................... 3 ARTICLE 4 Town Manager ................................. ............................... 7 ARTICLE 5 Appointed Town Officials .................... ............................... 9 ARTICLE 6 Department of Public Works ................. ............................... 13 ARTICLE 7 Appointed Town Officers .................... ............................... 14 ARTICLE 8 Fiscal Procedures .............................. ............................... 18 ARTICLE 9 General Provisions ............................ ............................... 19 HOME RULE CHARTER MANSFIELD, MASSACHUSETTS ARTICLE 1 POWERS OF THE TOWN Section 1 -1 Incorporation The inhabitants of the Town of Mansfield within the corporate limits as established by law shall continue to be a body corporate and politic with perpetual succession under the name "Town of Mansfield." Section 1 - 2 Scope of Town Powers The form of government provided by this Charter shall be known as the Mansfield Open Town Meeting- Selectmen -Town Manager Plan. Pursuant to the provisions of this Charter and subject only to such limitations as may be imposed by the constitution and statutes of the Commonwealth, the Town of Mansfield shall have all powers possible for a town to have under the constitution and statutes of the Commonwealth as fully and completely as though they were specifically enumerated in this Charter. Section 1 - 3 Construction The powers of the Town of Mansfield under this Charter shall be construed liberally in favor of the Town and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general powers of the Town of Mansfield as stated in this article. Section 1 — 4 Intergovernmental Relations Subject to the applicable requirements of any provisions of the constitution or statutes of the Commonwealth, the Town of Mansfield may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation by contract or otherwise, with any one or more states or civil divisions or agencies thereof, of the United States Government or any agency thereof. Section 1 - 5 Town Seal The Town Seal in existence at the time of the adoption of this Charter shall continue to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or documents issued from any office or board of the Town may be attested to by use of the said Seal. ARTICLE 2 TOWN MEETING Section 2 - 1 Legislative Power The legislative powers of the Town shall continue to be exercised by a Town Meeting open to all registered voters of the Town. Section 2 - 2 Presiding Officer The moderator, chosen as provided in Section 3 -3, shall preside at all sessions of the Town Meeting. Section 2 - 3 Time of Meeting amended 2000 The Annual Meeting of the Town of Mansfield for the transaction of business relating to the prudential affairs for the Town, shall be held on the second Tuesday in April and end on or before the first day of June. The Annual Town Meeting for the election of Town officers shall be held on the second Tuesday in May. Time and place for the Annual Town Meeting shall be designated by the Board of Selectmen in accordance with the General Laws. The Board of Selectmen, by majority vote, may call a special Town Meeting whenever they deem necessary. The Board of Selectmen must call a special Town Meeting within 45 calendar days after receipt of a petition to that effect which contains the signatures of at least two hundred (200) qualified voters of the Town. Section 2 - 4 Availability at Town Meetings It shall be the duty of all Town officers, officials, and department heads to attend sessions of the Town Meeting where their presence may be necessary for the purpose of providing the Town Meeting with information pertinent to matters appearing in the warrant Section 2 - 5 Procedures amended The Town Meeting shall by by -law adopt, and may from time 1983 to time amend, revise, or repeal, such rules governing the conduct 1. of the Town Meeting as it may deem necessary or advisable. amended The Board of Selectmen shall insert in the warrant for the Annual 2003 Town Meeting all articles which are petitioned of them by ten (10) qualified voters of the Town. The warrant for the Annual Town Meeting shall be closed to additional articles the fast day of March by the Board of Selectmen. The Annual Report on the Warrant shall include The Finance Committee Report, the Town Manager's budget message, the report of the Capital Improvement Program Committee and reports on other articles by appropriate Town boards; it shall be made available to the public at least seven days prior to the first adjourned session of the Annual Town Meeting. The Board of Selectmen shall insert in the warrant for a special Town Meeting all articles which are petitioned of them by one hundred (100) qualified voters of the Town. ARTICLE 3 ELECTED OFFICIALS Section 3 - I General Provision An elected official is hereby defined as any person elected by ballot of the whole town to any board, commission, committee or authority, as well as the Town Moderator. The offices to be filled by ballot of the whole town shall be a board of selectmen, a moderator, a school committee, a housing authority, and a member or members of the regional school committee. Any registered voter of the Town shall be eligible to hold any elective town office; but no elected town official shall simultaneously serve on any other elected or appointed board, commission, or committee unless specifically provided for by this Charter or by Town Meeting vote. Elected Town officials shall receive for their services such compensation as may annually be provided for that purpose by appropriation of the Town Meeting. Section 3 - 2 Board of Selectmen amended There shall -be a Board of Selectmen consisting of five 1983 members elected by the voters of the Town for three -year overlapping terms such that the term of office of at least one member but not more than two expire each year. If on the same ballot there are two or more seats vacant with varying terms of office, the longest terms of office shall accrue the candidates receiving the highest number of votes in succession. If a vacancy occurs in the membership of the Board, the remaining members shall call a special election to fill the vacancy for the remainder of the unexpired term. However, if a vacancy occurs less than 90 days prior'to the annual election and if not less than three selectmen remain in office, the vacancy shall remain unfilled until such annual election. In no case shall a special election be held within 30 days prior to the annual election. The Board of Selectmen shall be the chief policy- making body for the municipal government, except the school department. It will be the primary responsibility of the Board to coordinate the long -range objectives of the Town, particularly those of a comprehensive planning program, and to formulate policy for the implementation of programs necessary to fulfill those objectives, and shall report thereon semiannually to the voters. In addition, the Board shall have the following powers and duties: The Board of Selectmen shall be the Board of Directors of corporate Mansfield, and shall appoint a town manager as the town's chief executive and administrative officer, and it shall deal through him with town officers and employees subject to his direction or supervision. The Board shall be responsible for public safety and shall formulate policies in accordance with higher legal authority that will insure protection of the citizens from fire, crime, natural disasters, and other emergencies. The Board shall be the Public Works Commission and shall formulate policies that will insure that proper services and public facilities are provided for the citizens. The Board shall be the Municipal Electric Commission and, as such, shall be responsible for over -all policy of the Municipal Electric Department, and shall appoint the Municipal Electric Department Manager. The Board shall have the responsibility of maintaining a system of job classifications, descriptions and grades of compensation for all municipal employees, and may appoint a temporary committee consisting of at least three members to establish such a system. The Board shall determine the salaries and compensation of all Town officers and officials appointed by them. The Board shall be the licensing authority for the Town in accordance with the General Laws. The Board shall call elections and town meetings. The Board shall have over -all responsibility for the public funds and shall appoint a town accountant to keep, audit, and approve the accounts; the Board shall inspect and approve such accounts regularly. The Board shall on a bimonthly basis conduct a joint meeting of the chairmen of all other boards, commissions and committees to discuss pertinent matters of the Town. In order to fulfill its long -range policy - making responsibility the Board shall annually appoint two of its members to serve on the Capital Improvement Program Committee, and if applicable shall make appointments to regional planning organizations. Further, the Board shall appoint the Planning Board, Board of Health, Board of Appeals, Airport Commission, Recreation Commission, Conservation Commission, Municipal Building Committee, Finance Committee, Industrial Development Finance Authority, and Council on Aging. In addition, the Board shall appoint the Board of Assessors, Registrars of Voters, Constables, Town Counsel, Election Officers, Library Trustees and Veteran's Affairs Officer. The Board may employ such experts as it deems necessary to fulfill its obligations. The Board shall defend the interests of the citizens at higher levels of government and before quasi - public or quasi-judicial organizations, and shall represent the citizens at official ceremonies. Section 3 - 3 Moderator At the Annual Municipal Election a moderator shall be elected for a term of one year. In the event of the absence or disability of the Town Moderator during a session of a Town Meeting, said session shall elect a temporary Town Moderator to serve for the duration of the session. The Moderator shall conduct annual and special Town Meetings. He may appoint Assistant Moderators as deemed necessary. He shall appoint temporary committees if so directed by vote of the Town Meeting. He shall exercise all the powers and duties of town moderators under the General Laws. Section 3 - 4 School Committee There shall be a school committee consisting of five members elected by the voters of the town for three -year overlapping terms such that the term of office of at least one member but not more than two expires each year. If on the same ballot there are two or more seats vacant with varying terms of office, the longest terms of office shall accrue to the candidates receiving the highest number of votes, in succession. A vacancy shall be filled until the next annual election by a majority vote of a joint meeting of the remainder of the School Committee and Board of Selectmen. At the next Annual Municipal Election the remainder of the unexpired term shall be filled by election. The School Committee shall be the chief policy- making body for the School Department and shall appoint a Superintendent of Schools to be its chief executive officer. The school committee shall exercise all the powers and duties of school committees under the General Laws. Section 3 - 5 Housing Authority There shall be a housing authority consisting of five members serving five year overlapping terms such that the term of office of one member expires each year. Four of these members shall be elected by the voters of the Town, and the fifth member shall be a resident of the Town appointed in accordance with the General Laws. If on the same ballot there are two or more seats vacant with varying terms of office, the longest terms of office shall accrue to the candidates receiving the highest number of votes, in succession. A vacancy in one of the elected seats shall be filled until the next annual election by a majority vote of a joint meeting of the remainder of the Housing Authority and Board of Selectmen. At the next Annual Municipal Election the remainder of the unexpired term shall be filled by election. The Housing Authority shall exercise all the powers and duties of housing authorities under the General Laws. ARTICLE 4 TOWN MANAGER Section 4 - 1 Appointment, Qualifications, Term Upon the effective date of this Charier the Board of Selectmen shall appoint to the office of Town Manager, for a three -year term, a person especially qualified by education, training and experience in public or business administration. He be may removed for cause during a term of office, subject to the provisions of Section 9 -7 of the Charter. He may be reappointed to successive three -year terms at the discretion of the Board of Selectmen. The Town Manager shall not have held elective office in Mansfield within two years prior to his appointment. The Town Manager may not engage in any other compensable occupation or profession unless approved in writing by a 4/5 vote of the Board of Selectmen. The Town Manager shall establish residence in Mansfield within one year of his appointment. The Board of Selectmen shall fix the Town Manager's salary within and solely from the annual appropriation for Town Manager's salary. Section 4 - 2 Powers and Duties amended The Town Manager shall be the chief executive and administrative 1983 officer of the Town, and shall have full administrative authority over its departments, and shall manage the Town's affairs in accordance with the policies of the Board of Selectmen. He shall have the power to appoint, employ or dismiss all department heads and members of his staff, and to resolve any differences among them. He shall appoint a town clerk; town treasurer- collector; town engineer; planning director in accordance with Section 7 -6; department of public works director; parks and recreation director; chief of police department; chief of fire department; inspector of buildings; and civil defense director. He shall appoint the industrial and development commission and historical commission. He shall further appoint all other officers whose appointment is not otherwise provided for by this Charter or Town Meeting vote. He may organize, reorganize or discontinue departments as he deems necessary, in accordance with the policies of the Board of Selectmen and within the provisions of this Chatter. He shall be the purchasing agent for all activities and departments, and shall purchase all materials and services and negotiate and execute all contracts for the town. He shall annually submit the proposed budget for the ensuing fiscal year in accordance with Section 8 -2 of this Charter. He shall attend and provide information for Town Meetings. He shall attend meetings of.the Board of Selectmen whenever possible and shall have a voice but no vote in such meetings. He shall keep the Board of Selectmen informed of the needs of the Town, shall recommend policy changes to the Board as he deems necessary, and shall report to the Board on the conduct of his office. He shall keep full and accurate public records of his office, and shall annually report to the voters on the condition of the Town and its needs for the future. He shall inquire into the operations and financial condition of departments under his control as he deems necessary to insure the efficient conduct of office. He shall have full jurisdiction over all town property and shall be responsible for its maintenance, except where otherwise provided by this Charter. He shall be the Personnel Director of the Town, shall administer the Job Classification System, and shall conduct or appoint an agent to conduct collective bargaining sessions with the employees of his departments. He shall be a non - voting member of the Capital Improvement Program Committee. He may be the Agent of the Board of Health. He may be the manager of the municipal electric department for the purposes of administrative control and purchasing authority. He shall cause to be prepared, published and readily available for sale from the office of Town Clerk current copies of all Town laws and regulations. He shall insure that, within his areas of responsibility, all - general laws, provisions of this Charter, Town Meeting votes and policies of the Board of Selectmen are faithfully executed. He shall perform other duties as required by the Board of Selectmen. Section 4 - 3 Acting Town Manager In the event of a vacancy in the office of Town Manager, the Board of Selectmen shall immediately thereafter appoint a qualified person to be the acting Town Manager who shall exercise all the authority and responsibilities of the Town Manager. The Board of Selectmen shall endeavor to appoint a new Town Manager as soon as possible. ARTICLE 5 APPOINTED TOWN OFFICIALS Section 5 - 1 General Provisions amended An appointed official is hereby defined as any person appointed 1975 to any board, commission, committee or authority. amended The Town Clerk shall maintain a list of all interested voters 1983 from which appointments of town officials shall be made. In order to have one's name placed on the list, the interested voter shall contact the Town Clerk in person or iii writing indicating areas of interest and a brief background description. Such list shall be updated annually by the Town Clerk. _ At least three weeks prior to appointments, excepting vacancies, appointing authority shall advertise in the newspaper any openings to be filled and shall advertise a closing date for the list of applicants. No less than 5 days prior to any appointment, excepting vacancies, the list of candidates shall be closed and publicly posted by the Town Clerk. Any vacancy occurring in a board, commission or committee shall be filled by the appointing authority in accordance with the General Laws. Any vacancy occurring in a commission, or committee appointed by the Town Manager or Moderator shall be filled for the unexpired term by the appointing authority. Appointed town officials shall receive for they're services such compensation as may annually be provided for that purpose by appropriation of the Town Meeting. Section 5 - 2 Board of Health Upon the effective date of this Charter, the Environmental Health Committee shall be abolished and within 45 days the Board of Selectmen shall appoint five persons to the Board of Health. Two .terms shall expire January 1, 1974, two terms shall expire January 1, 1975, and one term shall expire January 1, 1976. Thereafter, their successors shall be appointed for three -year terms. It shall be the Board of Health's duty to establish the health regulations of the Town and -to appoint a Board of Health Agent to administer the regulations. The .Board of Health shall assume all of the duties of the Environmental Health Committee and shall exercise all the powers and duties of boards of health under the General Laws. Section 5 - 3 Planning Board Amended: 2006 Upon the effective date of this Charter the Planning Board established under Chapter 16 of the Acts of 1953 shall be superceded by the provisions of Chapter 41 Section 81 of the General Laws. Said Board shall be made up of seven members and two associate members. An associate member may participate as member of the board only when the chairman of the board designates any such associate member to sit on the board in case of absence, inability to act or conflict of interest on the part of any member thereof, or in the event of a vacancy on the board until said vacancy is filled. The board of selectmen shall appoint members and associate members for terms of five years such that no more than two terms shall expire in any one year. The Board shall act as the Town's review clearinghouse for municipal project plans for all public ways, utilities, lands, buildings, and other public structures. The Board shall consider all such plans, and report in writing to the referring agency, the Board of Selectmen, and the Town Manager. In addition, the Board shall keep itself informed of and investigate and report upon any matter pertaining to the Comprehensive Plan. The Board shall annually appoint two of its members to serve on the Capital Improvement Program Committee, and shall annually appoint one of its members to serve on the Southeastern Regional Planning and Economic Development District Commission. The Board shall exercise all of the powers and duties of planning boards under Chapter 40A and Chapter 41 Section 81 of the General Laws, except the powers and duties of Park Commissioners. 10 Section 5 - 4 Board of Appeals t The Board of Selectmen shall appoint a Board of Appeals consisting of five regular and two alternate members for terms of three years such that no more than two terms shall expire in any one -year. The Board shall exercise all the powers and duties of boards of appeal under Chapters 40A and 41 of the General Laws. Section 5 - 5 Board of Library Trustees amended The Board of Selectmen shall appoint a Board of Library Trustees 1983 consisting of five members for terms of three -years such that no more than two terms shall expire in any one year. The Board of Library Trustees shall be responsible for the operation and administration of the Mansfield Public Library. The Board shall exercise all powers and duties of boards of library trustees under the General Laws except custodial services. Section 5 - 6 Board of Assessors The Board of Selectmen shall appoint a Board of Assessors consisting of three members for terms of three years such that one term shall expire each year. The Board of Assessors shall annually make a fair cash valuation of all the estates, real and personal, subject to taxation within the Town. The Board of Assessors shall exercise all the powers and duties of boards of assessors under the General Laws. Section 5 - 7 Board of Registrars of Voters The Board of Selectmen shall appoint a Board of Registrars of Voters in accordance with Chapter 51 Sections 15 and 18 of the General Laws. The Board shall exercise all the powers and duties of boards of registrars of voters under the General Laws. Section 5 - 8 Conservation Commission Following the effective date of this Charter, the present terms of office of the Conservation Commission shall be terminated on January 1, 1974. The Board of Selectmen shall thereupon appoint seven members as follows: one for 1 year, two for 2 years, two for 3 years and two for 4 years. Thereafter, appointments shall be made for terms of four -years such that no more than two terms shall expire in any one year. The Conservation Commission shall preserve and protect the natural resources of the Town, shall have the authority to acquire and hold land, and shall exercise all the powers and duties of Conservation Commissions under the General Laws. 11 Section 5 — 9 Airport Commission The Board of Selectmen shall appoint an Airport Commission consisting of five members for terms of three -years such that no more than two terms expire in any one year.. The Airport Commission shall have the care, custody and responsibility for the management of the municipal airport. It shall be the Commission's duty to maintain and operate the municipal airport and navigation facilities in a manner that is both profitable for, and responsive to the needs of the community. The commission shall exercise all the powers and duties of airport commissions under the General Laws, subject to the other provisions of this Charter. Section 5 - 10 Recreation Commission The Board of Selectmen shall appoint a Recreation Commission consisting of five members for terms of three -years such that no more than two terms shall expire in any one year. The Recreation Commission shall exercise all the powers and duties of recreation commissions under the General Laws, except as otherwise provided in this Charter. Section 5 - 11 Industrial and Development Commission The Town Manager shall appoint an Industrial and Development Commission consisting of seven members for terms of three -years such that no less than two terms shall expire in any one year. The Commission shall assist the Town Manager in his function of development of the general economic base of the town and shall exercise all the powers and duties of industrial and development commissions under the General Laws. Section 5 - 12 Industrial Development Finance Authority The Board of Selectmen shall appoint an Industrial Development Finance Authority consisting of five members for terms of five -years such that one term shall expire each year. The authority shall exercise all of the powers and duties of industrial development finance authorities under the General Laws. 12 Section 5 —13 Finance Committee amended The Board of Selectmen shall appoint a Finance Committee consisting of seven 1977 members for terms of three -years such that no more than two terms shall expire in any one year. The Finance Committee shall annually report to the voters on the proposed annual budget and all financial articles in any Town Meeting, shall be responsible for emergency transfers from the reserve fund, and shall annually appoint two of its members to serve on the Capital Improvement Program Committee. The Finance Committee shall exercise all the powers and duties of finance committees under the General Laws. Section 5 —14 Municipal Building Committee amended Upon the effective date of this Charter, the Board of Selectmen 1983 shall appoint a Municipal Building Committee consisting of five members for terms of five -years such that one term shall expire each year. The Board may further appoint, at the request of the committee, additional members as deemed necessary for the completion of a specific approved project. The Committee shall be responsible for developing the plans for construction and originally equipping, or for structural alteration of all municipal buildings. Section 5 —15 Historical Commission The Town Manager shall appoint to a Historical Commission seven members for three -year overlapping terms in accordance with the General Laws. Section 5 - 16 Council on Aging The Board of Selectmen shall appoint to a Council on Aging seven members to three -year overlapping terms in accordance with the General Laws. ARTICLE 6 DEPARTMENT OF PUBLIC WORDS Section 6 - 1 Creation Upon the effective date of this Charter the Town Manager shall organize a Department of Public Works. The Town Manager shall appoint a Department of Public Works Director for an indefinite term who shall be qualified by education, training, or previous experience to perform the duties of the office. 13 Section 6 — 2 Powers and Duties The Department of Public Works Director shall be responsible for the supervision and coordination of all public works operations of the town which are placed under his control by this Charter, through by -law, by Town Meeting vote, or otherwise. He shall have responsibility for the operation and administration of his department, including appointment and dismissal of his employees. He shall be the Tree Warden and as such shall have sole authority and.responsibility for the planting, maintenance and removal of all public trees. He shall further be responsible for the suppression of insects within the Town. Public works operations include, but need not be limited to the following operations: roadways, refuse collection and disposal, sewerage, water supply and distribution, forestry services, maintenance of a municipal motor pool for all vehicles except those of the school, fire, police, and municipal electric departments. The Department of Public Works shall assume all the duties and responsibilities and perform all of the functions, including, but not limited to those which, prior to the adoption of this Charter, were performed by the Tree Warden, Moth Superintendent, Highway Department, and the Water and Sewer Department. ARTICLE 7 APPOINTED TOWN OFFICERS Section 7 - 1 General Provisions Any vacancy which occurs in an appointed town office shall be filled forthwith by the appointing authority in accordance with the provisions of this Charter. Appointed town officers shall receive for their services such compensation as may annually be provided for that purpose by appropriation of the Town Meeting. DELETED: Section 7 — 2 Municipal Electric Department Director 2006 14 Section 7 - 3 Parks and Recreation Director amended The Town Manager shall appoint for an indefinite term a 1983 suitably qualified person to be Director of the Parks and Recreation Department. The Director shall be responsible for the establishment and implementation of the Town's Recreational Program under the general policy and guidelines of the Recreation Commission. The Director shall also be responsible for the maintenance of Town parks and commons. His powers include the operation and administration of his department, including appointment and dismissal of his employees. Section 7 - 4 Chief of the Fire Department The Town Manager shall appoint, under the provisions of the Civil Service Laws, a person qualified under prevailing law to serve as the Chief of the Fire Department. The Chief shall have responsibility for the operation and administration of his department. He shall have complete authority and responsibility for the recruitment, retention training and duties of all fire department personnel, and for maintenance and allocation of all fire department equipment. He shall have full responsibility for the protection of life and property, and shall be in complete command of all persons and equipment, in the immediate area of any emergency for which he is charged with responsibility. Section 7 - 5 Chief of the Police Department The Town Manager shall appoint, under the provisions of the Civil Service Laws, a person qualified under prevailing law to serve as the Chief of the Police Department. The Chief shall have responsibility for the operation and administration of his department. He shall have complete authority and responsibility for the recruitment, retention, training and duties of all Police Department personnel, and for maintenance and allocation of all Police Department equipment. He shall have full responsibility for the protection of life and property, and shall be in complete command of all persons and equipment, in the immediate area of any emergency for which he is charged with responsibility. 15 Section 7 — 6 Planning Director amended The Town Manager shall appoint for an indefinite term, a 1983 Planning Director who shall be selected from a list of at least three suitably qualified candidates submitted by the Planning Board. The Planning Director's primary responsibility shall be to the Planning Board. He shall administer Planning Board functions and activities, shall act as Planning Board Agent, review proposed subdivision plans, advise and implement coordination for comprehensive planning, and make recommendations to the Planning Board. As time permits, in addition to the above duties, he shall work with other boards and committees at the direction of the Town Manager. He shall act as liaison between the Planning Board, Town Manager, or applicable boards and committees, and the citizens in regard to municipal planning. He shall be a non - voting member of Capital Improvement Committee. Section 7 — 7 Town Engineer The Town Manager shall appoint a civil engineer to the position of Town Engineer for an indefinite term. The Town Engineer shall have responsibility for engineering layouts for Town ways and utilities, supervision of installations of improvements to or in public ways, engineering layouts for sanitary landfill sites and other such operations, assisting the Planning Director in the review of subdivision plans when necessary, and other duties as assigned by the Town Manager. Section 7 - 8 Health Agent The Board of Health shall appoint for an indefinite term a health agent who may represent the Board in matters of inspection and enforcement of the applicable statutes of the Commonwealth and regulations of the Town, and who shall further exercise all the powers and duties of health agents under the General Laws. Section 7 - 9 Town Clerk The Town Manager shall appoint for an indefinite term a suitably qualified person to the office of Town Clerk. The Town Clerk shall keep the official records of the Town and shall exercise all the powers and duties of town clerks under the General Laws. 16 Section 7 - 10 Town Accountant amended The Board of Selectmen shall appoint for an indefinite term a 1983 suitably qualified person to the office of Town Accountant. The Town Accountant may be bonded in an amount to be determined annually by the Board of Selectmen. He shall keep and audit the accounts, approve the weekly warrant and exercise all the powers and duties of town accountants under the General Laws. Section 7 - 11 Town Treasurer /Collector The Town Manager shall appoint for an indefinite term a suitably qualified person to the office of Town Treasurer /Collector. The Treasurer /Collector shall be subject to audit by the Town Accountant, and shall be bonded in an amount to be determined annually by the Board of Selectmen. He shall be responsible for collection and disbursement of monies, investments, payroll concerns and credit transactions for the Town, and shall exercise all the powers and duties of town treasurers and collectors under the General Laws. Section 7 - 12 Town Counsel The Board of Selectmen shall appoint for an indefinite term to the office of Town Counsel, a person who shall be qualified by education, training and experience in municipal law. He shall directly advise all Town Boards in matters of law. In the event of a dispute of law between or among officials, Town Counsel shall not be required to defend either parry in litigation. He shall exercise all other powers and duties of town counsels under the General Laws, Section 7 —13 Constables The Board of Selectmen shall appoint for an annual term two constables and may at any time appoint additional constables for an indefinite term as it deems necessary. The constables shall exercise all the powers and duties of constables under the General Laws. Section 7 - 14 Inspector of Buildings added The Town Manager shall appoint for an indefinite term a 1983 suitably qualified person to the office of Inspector of Buildings. The Inspector shall exercise all powers and duties allowed under the General Laws. 17 Section 7 —15 Civil Defense Director Added The Town Manager shall appoint for an indefinite term a suitably qualified person 1983 to the office of Civil Defense Director. The Director shall exercise all powers and .duties allowed under the General Laws. ARTICLE 8 FISCAL PROCEDURES Section 8 —1 Fiscal Year The fiscal year of the town shall be as required by the General Laws. Section 8 — 2 Submission of Budget and Budget Message amended 2000 The Town Manager, no later than the first Monday in January of each year, shall submit to the Board of Selectmen and Finance Committee a proposed budget and a proposed capital improvement program for the ensuing fiscal year with an accompanying budget message and supporting documents. Section 8 — 3 Budget Message The budget message of the Town Manager shall explain the budget for all Town agencies, both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the Town for the ensuing fiscal year; describe important features of the budget; indicate any major variations from the current year in financial policies, expenditures and revenues together with the reasons for such changes; summarize the Town's debt position and include other material as the Town Manager deems desirable. Section 8 - 4 Capital Improvement Program amended 2000 Not later than the first Monday in January of each year, the town manager shall submit a capital improvement program to the board of selectmen and finance committee. The capital improvement program, prepared by Capital Improvement Program Committee, shall include: a clear, concise summary of all capital improvements proposed to be undertaken during the next ensuing six years with supporting information as to the need of each such capital improvement; cost estimates, methods of financing and recommended time schedules for each improvement; and the estimated annual cost of operating and maintaining each facility and piece of major equipment involved. This information is to be annually revised by the Capital Improvement Program Committee with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. 18 Amended : 2006 The Capital Improvement Program Committee shall be composed of two members of the Finance Committee, two members of the Planning Board, two members of the Board of Selectmen, two members of the School Committee, and one member of the Municipal Building Committee. The Town Manager and Planning Director shall serve as non - voting members. ARTICLE 9 GENERAL PROVISIONS Section 9 —1 Amendment Procedure The Charter may be replaced, revised or amended in accordance with the procedures made available by Article 89 of the amendments to the state constitution and any legislation enacted to implement the said amendment. Section 9 - 2 Severability The provisions of this Charter are severable. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of this Charter and its provisions to any other persons and circumstances shall not be affected thereby. Section 9 - 3 Specific Provisions Shall Prevail To the extent that any specific provision of the Charter shall conflict with any provision expressed in general terms, the specific provision shall prevail. Section 9 - 4 References to General Laws All references to the General Laws contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the General Laws enacted subsequent to the adoption of the Charter. Section 9 - 5 Rules and Regulations A copy of all rules and regulations adopted by any Town agency shall be filed in the office of the Town Clerk before any such rule or regulation shall become effective and copies shall be made available for review by any person who requests such information. IN Section 9 - 6 Recall Procedure Any holder of an elective office, as defined in Section 3 -1, may be recalled therefrom by the voters as herein provided. Any qualified voter of the Town may file with the Town Clerk an affidavit containing the name of the official to be recalled and a statement of the grounds for recall. The Town Clerk shall thereupon deliver to the said voter making such affidavit a sufficient number of copies of petition blanks demanding such recall, printed forms of which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and Town Seal attached thereto. They shall be dated, shall be addressed to the Selectmen, and shall contain the name of the person to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit, and shall demand the election of a successor to said office. A copy of the petition shall be kept in the office of the Town Clerk. The recall petition shall be returned and filed with the Town Clerk within twenty days of the filing of the affidavit. Said petition before being returned and filed shall be signed by at least five percent of the registered voters of the town. The Town Clerk shall, within twenty -four hours of receipt, submit the petition to the registrars of voters, and the registrars shall forthwith validate thereon the number of signatures. If the petition shall be found and certified by the Town Clerk to be sufficient, he shall submit the same with his certificate to the Board of Selectmen without delay, and the Board of Selectmen shall forthwith give written notice of the receipt of the certificate to the official sought to be recalled. If the official sought to be recalled does not resign within five days thereafter, the Board of Selectmen shall order an election to be held on a date fixed by them not less than twenty -five nor more than thirty -five days after the date of the Town Clerk's certificate; provided, however, that if any other Town election is to occur within sixty days after the date of the certificate, the Board of Selectmen may, at their discretion, postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. Any official sought to be recalled may be a candidate to succeed himself, and unless he requests otherwise in writing, the Town Clerk shall place his name on the official ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election, and the conduct of the same shall be in accordance with the provisions of law relating to elections, unless otherwise provided in this Charter. I)n Ballots used in a recall election shall submit the following propositions in the order indicated: For the recall of (name of official) Against the recall of (name of official) Immediately at the right of each proposition there shall be a square in which the voter, by making a crossmark (x), may vote for either of the said propositions. Under the propositions shall appear the word "Candidates" and the direction "Vote for One ", and beneath this the names of the candidates. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question is in the negative, the official sought to be recalled shall continue in office. No recall petition shall be filed against an official within three months after he takes office, nor in the case of an official subjected to a recall election and not recalled thereby, until at least three months after that election. No person who has been recalled from an office, or who has resigned from office while recall proceedings were pending against him, shall be appointed to any Town office within two years after such recall or resignation. Section 9 — 7 Removals from Office Any appointed official of the Town appointed for a fixed term, may be removed from office by the appointing authority for cause. The appointing authority when removing an official of the Town shall act in accordance with the following procedure: A written notice of the intent to remove and a statement of the cause or causes thereof shall be delivered by registered mail to the last known address of the person sought to be removed. Within five days of delivery of such notice the official may request a public hearing at which he may be represented by counsel, shall be entitled to present evidence, call witnesses and to question any witness appearing at the hearing. 21 Between one and ten days after the public hearing is adjourned, or if the official fails to request a public hearing, between six and fifteen days after delivery of the notice of the intent to remove, the appointing authority shall take final action either removing the official or notifying him that the notice is rescinded. Nothing in this section shall be construed as granting a right to such written notice or hearing when a person who has been appointed for a fixed term is not reappointed when his original term expires. The above provisions of this section shall also apply to the Town Manager. Any person duly appointed to a position in the Town for an indefinite term of office may be removed or. suspended from office at the discretion of the appointing authority subject to any employment agreement and/or the General Laws. 29.