HomeMy WebLinkAboutHome Rule Charter - 1973 Amendments through 2006HOME RULE CHARTER
MANSFIELD, MASSACHUSETTS
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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
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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.
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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.
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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.