AN ACT RELATIVE TO THE SOUNDING OF CERTAIN WARNING DEVICES IN THE TOWN OF NEWBURY.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Notwithstanding chapter 160 of the General Laws or any other general or special law, rule or regulation to the contrary. a railroad corporation, including the Massachusetts Bay Transportation Authority, shall not permit a locomotive engine passing on its railroad in the town of Newbury to sound a whistle at any grade crossing in said town which is otherwise protected by the following safety features: (i) flashing lights in each direction which are automatically activated by the approaching train; (ii) two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both of which extend across approximately one-half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered; (iii) a bell that is automatically activated by the approaching train; (iv) overhead street lights; (v) signs posted before the grade crossing in each direction warning pedestrians and motorists of the crossing ahead; (vi) posted speed limits for traffic which shall not be more than 25 miles per hour: and (vii) not more than two lanes of vehicular traffic in each direction at the grade crossing. Notwithstanding this act, a train shall sound its whistle in the event of an emergency.
Approved January 04, 2001.
AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN OF NEWBURY
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. A holder of an elected office in the town of Newbury may be recalled therefrom by the qualified voters of the town as provided in this act for any of the following reasons: lack of fitness; neglect of duties; corruption; misfeasance or violation of oath. Exercising discretion in voting or acting on matters before such office holder shall not be a reason for recall.
SECTION 2. Fifteen per cent of the registered voters of the town of Newbury may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for such recall. At least 66 names of registered voters shall be from each of the voting precincts into which said town is divided. Upon certification of the required signatures, said clerk shall deliver to the first named voter on the affidavit copies of petition blanks addressed to the board of selectmen demanding such recall, copies of which printed forms the clerk shall keep available. The petition blanks shall be issued by said clerk with his signature and official seal attached thereto. They shall be dated, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of said clerk. The recall petition shall be returned and filed with said clerk within 30 days after the filing of the affidavit and shall have been signed by at least 25 per cent of the registered voters of the town as of the date such affidavit was filed with said clerk. To every signature shall be added the place of residence of the signer, giving the street and number, if any. Said clerk shall, within 72 hours of receipt thereof, submit the petition to the registrars of voters in the town, and said registrars shall certify forthwith the number of signatures thereon which are names of registered voters of the town.
SECTION 3. 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 said board shall give forthwith written notice of the receipt of the certificate to the officer sought to be recalled. If such officer does not resign within 5 days thereafter, said board shall order an election to be held on a date fixed by them not less than 70 nor more than 95 days after the date of said clerk's certificate that a sufficient petition has been filed; but, if any other town election is scheduled to occur within 120 days after the date of the certificate, said board shall 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.
SECTION 4. Any officer sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the town clerk shall place his name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this act.
SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in section 7. If he is recalled, he shall be deemed removed upon the qualifications of his successor, who shall hold office during the unexpired term. If the successor fails to qualify within 5 days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.
SECTION 6. Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X), may vote for either of said propositions. Under the proposition shall appear the word "candidates" and the directions to voters required by section 42 of chapter 54 of the General Laws and, beneath this, the names of candidates nominated as hereinbefore provided. If 2/3 of the votes cast upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes shall be declared elected. If more than 1/3 of the votes cast on the questions is in the negative, then the ballots for candidates need not be counted. If fewer than 25 per cent of the registered voters of the town participated in the election, no votes need be counted and the election shall be deemed to have determined that the incumbent should not be recalled.
SECTION 7. A recall petition shall not be filed against an officer within 6 months after he takes office, nor in the last 6 months of his term, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least 6 months has elapsed after the election at which his recall was submitted to the voters of the town.
SECTION 8. A person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall not be appointed to a town office within 2 years after such recall or resignation.
SECTION 9. This act shall take effect upon its passage.
Approved December 19, 2002
AN ACT INCREASING THE MEMBERSHIP OF THE BOARD OF SELECTMEN IN THE TOWN OF NEWBURY.
Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same as follows:
The number of members of the board of selectmen of the town of Newbury shall be increased to 5. Each selectman shall serve for a 3-year term, with not more than 2 selectmen's terms to run concurrently. Notwithstanding the preceding sentence, at the next annual town election following at least 65 days after the effective date of this act, 1 additional member shall be elected to an initial 2-year term and 1 additional member shall be elected to a 3-year term. Nothing in this act shall affect the terms of those members serving as selectmen on the effective date of this act.
Approved December 30, 2008
AN ACT ESTABLISHING A SELECTMEN-ADMINISTRATOR FORM OF GOVERNMENT FOR THE TOWN OF NEWBURY.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION I. Upon the effective date of this act, the town of Newbury shall be governed by this act. To the extent that this act modifies or repeals existing General Laws and special acts or that body of law which constitutes the town charter under Section 9 of Article LXXXIX of the Amendments to the Constitution of the Commonwealth, this act shall govern.
SECTION 2. The administration of all of the fiscal, prudential, and municipal affairs of the town shall remain vested in the executive branch headed by the board of selectmen and the legislative powers of the town shall remain vested in a town meeting open to all voters.
SECTION 3. The board of selectmen shall appoint the chief of police and all other police officers, the town counsel, the administrative assistant to the selectmen, the members of the personnel board, the members of the zoning board of appeals, the members of the finance committee, 2 members of the capital planning committee, the board of fire engineers, and all the members of other appointed boards, committees, and commissions except as may be otherwise specified in this act.
SECTION 4. The regional school committee members shall continue to be elected in conformity with the votes of the regional school district All powers, rights and duties, now or hereafter conferred or imposed by law upon the regional school committee, shall be exercised and performed by the regional school committee. This act shall not be construed to affect the powers and duties of the regional school committee as provided by law.
SECTION 5. A member of the board of selectmen, or of the regional school committee, or of the finance committee, during the term for which the member was elected or appointed, shall be ineligible either by election or appointment to hold any other town office. Any other person appointed by the selectmen or town administrator to a town office under this act or of any general or special law shall be eligible during the term of said office to appointment to any other town office, except that the town accountant shall not be eligible to bold the position of town treasurer or the position of town collector. The town administrator, subject to applicable General Laws relating thereto, may assume the duties of an office which he is authorized to fill by appointment.
SECTION 6. The selectmen elected as provided herein shall appoint, as soon as practicable, for a definite term to be set by the selectmen, a town administrator who shall be a person especially fitted by education, training, and experience, to perform the duties of the office. The town administrator shall be appointed without regard to political affiliations or beliefs. The town administrator need not be a resident of the town or of the commonwealth, shall possess a college degree at the bachelor level and shall have 3 years of full-time paid experience in a supervisory administrative position. A master's degree may substitute for not more than 1 year of such paid experience. The town administrator shall execute a bond in favor of the town for the faithful performance of the duties of the office in a sum and with such surety or sureties as fixed or approved by the selectmen, the cost of which shall be paid by the town. The selectmen shall enter into a formal contract with the town administrator and establish a compensation and benefits package which may take precedence over any personnel by-laws.
SECTION 7. A vacancy in the office of town administrator shall be filled as soon as possible by the selectmen. Pending the appointment of a town administrator or filling of a vacancy, the selectmen shall, within 7 days, appoint a suitable person to perform the duties of the office.
SECTION 8. The town administrator may designate, subject to approval by the board of selectmen, by letter filed with the town clerk, a qualified officer of the town to perform the duties of the office during a temporary absence or disability of the town administrator. In the event of failure of the town administrator to make that designation, the selectmen may, by resolution, designate an officer of the town to perform the duties of the office until the town administrator shall return or the disability shall cease.
SECTION 9. During any term of appointment of the administrator, the board of selectmen may, under the terms and conditions of the contract entered into between the town and the administrator as set forth in section 6, remove the administrator for good cause. In the event of such removal, the administrator shall receive a severance pay in the amount equal to 1 month of pay for each full year of service to the town, but in no event more than an amount equal to 3 months' pay.
SECTION 10. The town administrator shall receive such compensation for services as the board of selectmen shall determine, but the compensation shall not exceed the amount appropriated therefore by the town.
SECTION 11. In addition to specific powers and duties provided in this act, the town administrator shall have the general powers and duties enumerated in this section as follows:
(1) The town administrator shall supervise the heads of all departments and shall supervise and direct the general administration of all commissions, boards, and offices, except the board of selectmen, the regional school committee, the planning board, the board of health, the board of assessors, the finance committee, the library trustees, the town counsel, and the moderator. The town administrator shall not exercise any control over the discretionary power vested by statute in any such board, committee, commission, or office.
(2) The town administrator, in accordance with this act and with the approval of the board of selectmen, except as otherwise expressly prohibited by the General Laws, may reorganize, consolidate, or abolish departments, commissions, boards, or offices under his direction and supervision, in whole or in part, and may establish such new departments, commissions, boards, or offices as the town administrator considers necessary and may transfer the powers and duties of one department, commission, board, or office to another.
(3) The town administrator shall approve, upon the recommendation of department heads, the appointment and removal of all officers and employees of the town. Department heads shall select, on merit and fitness alone, all department employees for such recommendation. The town administrator shall appoint on merit and fitness alone, and may remove, all officers and employees of the town who are not otherwise appointed or elected under this act.
(4) The town administrator shall attend all regular meetings of the board of selectmen.
(5) The town administrator shall keep full and complete records of the office, and shall render as often as may be required by the selectmen, but, in any case, annually, a full report of all operations during the period reported on.
(6) The town administrator shall keep the selectmen fully advised as to the needs of the town and shall recommend to the selectmen for adoption measures requiring action by them or by the town as the town administrator considers necessary or expedient.
(7) The town administrator shall have jurisdiction over the rental and use of town property and shall be responsible for the maintenance and repair of town buildings. The town administrator shall be responsible for the preparation of plans and the supervision of work on existing town buildings and on the construction of new town buildings.
(8) The town administrator shall appoint the chief procurement officer of the town who shall be responsible for the purchase of all supplies and materials and equipment, except books and educational materials for schools and books and other media for libraries, and shall approve the awards of all contacts for all departments of the town. The chief procurement officer may hold other positions with the town consistent with the officer's role hereunder.
(9) The town administrator shall administer, either directly or through a person appointed by the town administrator in accordance with this act, general and special laws applicable to the town, all town by-laws and all regulations established by the selectmen.
(10) The town administrator shall have authority, with the approval of the board of selectmen and the town counsel, to prosecute, defend and compromise all litigation to which the town is a party, and shall be the executive officer of a public employer in the town as referred to in chapter 258 of the General Laws pertaining to the processing of claims against the town.
(11) The town administrator shall be the selectmen's agent for collective bargaining and may request the town counsel to assist in the performance of these duties.
(12) The town administrator shall secure on or before December first of each year from all offices, boards, and committees charged with equipment, a list of the equipment upon forms approved by the finance committee. The lists shall be filed with the town accountant who shall transmit them to the clerk of the finance committee.
(13) The town administrator shall attend town meetings and shall be permitted to speak when recognized by the moderator.
(14) The town administrator shall be responsible for the implementation of town meeting votes and shall report annually in writing to the town meeting on the status of prior town meeting votes on which implementation is not complete.
(15) The town administrator shall be accessible and available during regular office hours for consultation to chairpersons of boards, committees, and commissions of the town, whether appointed or elected, and shall make accessible and available to them data and records of the office of town administrator as may be requested in connection with their official duties.
(16) The town administrator shall perform such duties, consistent with the office, as may be required by the by-laws of the town or by vote of selectmen or town meeting.
SECTION 12. The town administrator may, without notice, cause the affairs of any division or department under his or her supervision, or the job-related conduct of any officer or employee thereof, to be examined. The town administrator shall have access to all town books and papers for information necessary for the proper performance of the town administrator's duties. The town administrator shall promptly transmit any findings of wrongdoing to the board of selectmen.
SECTION 13. The town administrator shall appoint, with the approval of the board of selectmen, the town treasurer, the tax collector, the town accountant, the building inspector and assistant building inspector, the conservation agent, the highway superintendent, the harbormaster, the town planner, and the director of veterans' affairs. The town administrator shall appoint, and may remove subject to the approval of the board of selectmen, department heads, officers, and subordinates and employees for whom no other method of appointment is provided in this act, except the assistant town clerk, who shall be appointed by the town clerk, and persons serving under other elected agencies and appointments made by representatives of the commonwealth. Appointments to the permanent positions made by the town administrator shall become effective on the fifteenth day following the day notice of appointment is filed with the board of selectmen, unless the board of selectmen shall, within that period, by a majority vote of the full board, vote to reject any such appointment.
SECTION 14. The registered voters of the town of Newbury shall, in accordance with applicable laws, town by-laws, and votes of the town, continue to elect the following:
(1) moderator;
(2) members of the board of selectmen;
(3) regional school committee members;
(4) members of the planning board;
(5) members of the board of health;
(6) library trustees;
(7) town clerk;
(8) constables;
(9) fish commissioners;
(10) trustees of the First Settlers Burial Ground;
(11) tree warden; and
(12) members of the board of assessors.
This act shall not affect the term of office of an elected official or elected member of a board, committee or authority. Every other elective office, board, committee, or commission of the town shall be terminated or shall become appointive as provided herein, any other law to the contrary notwithstanding. The term of office of a person elected to an office, board, committee, or commission of the town, existing at the time of such acceptance and terminated hereunder, shall continue until the appointment of the town administrator, and thereafter the offices, boards, committees, and commissions shall be abolished, and all powers, duties and obligations conferred or imposed thereon by law, except as provided by this act, shall be conferred and imposed upon the town administrator to the extent hereinafter provided. The term of office of a person elected to an office, board, committee, or commission, existing as an elected office on the effective date of this act and having become appointive hereunder, shall continue until the term for which that person was elected shall have expired, and until the appointment and qualification of a successor. The powers, duties, and responsibilities of elected officials shall be as now or hereafter provided by applicable General laws, special acts, town by-laws, and votes of the town, except as otherwise expressly provided herein. Notwithstanding the election by the voters of the town of the officers named in this section, those officers shall be available to the administrator for consultation, conference and discussion on matters relating to their respective offices. The town administrator may require those officials, except the selectmen, to prepare reports for the town administrator necessary for the efficient administration of any of the fiscal responsibilities of the office.
SECTION 15. At least 90 days before the annual town meeting, the town administrator shall submit in writing to the board of selectmen a careful detailed estimate of the probable expenditures of the town government for the ensuing fiscal year, stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town, and showing specifically the amount necessary to be provided for each fund and department, together with a statement of the expenditures of the town for the same purposes in the preceding year and an estimate of the expenditures for the current year. The town administrator shall also submit a statement showing all revenues received by the town in the preceding fiscal year together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. The town administrator shall report the probable amount required to be levied and raised by the taxation to defray all expenses and liabilities of the town, together with an estimate of the tax rate necessary to raise that amount. For the purposes of enabling the town administrator to make up the annual estimates of expenditures, all boards, offices, and committees of the town shall, at least 120 days before the annual town meeting, furnish all information in their possession and submit in writing to the town administrator a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the next fiscal year.
SECTION 16. The board of selectmen shall consider the tentative budget submitted by the town administrator and make recommendations relative thereto as it considers expedient and proper in the interests of the town. On or before the seventy-fifth day before the annual town meeting, the board of selectmen shall transmit a copy of the budget, together with its recommendations relative thereto, to each member of the finance committee.
SECTION 17. The town administrator shall perform the duties of the town's director of municipal finance and, as such, shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared by the town accountant in accordance with section 56 of chapter 41 of the General Laws shall be submitted to the town administrator. The approval of warrants by the town administrator shall be sufficient to authorize payment by the town treasurer, but in the event of a vacancy in the office of town administrator the selectmen shall approve the warrants.
SECTION 18. Laws, town by-laws, votes, rules, and regulations, whether enacted by the authority of the town or by any other authority, which are in force in the town of Newbury on the effective date of this act, or any portion or portions thereof, not inconsistent with this act, shall continue in full force and effect until otherwise provided by other laws, town by-laws, votes, rules, and regulations, respectively.
SECTION 19. A contract or an action at law or suit in equity, or other proceeding existing or pending on the effective date of this act shall not be affected by this act.
SECTION 20. A person holding a town office or employment under the town shall retain the office or employment and shall continue to perform the duties of the office or employment until provisions have been made in accordance with this act for the performance of those duties by another person or agency. A person who continues in the permanent full-time service or employment of the town shall not forfeit pay grade or time in service.
SECTION 21. This act shall take effect upon its passage.
Approved January 7, 2009
CHAPTER 301 AN ACT REGULATING CERTAIN INSURANCE BENEFITS FOR ELECTED OFFICIALS OF THE TOWN OF NEWBURY.
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. Notwithstanding chapter 32B of the General Laws or any other general or special law to the contrary, an elected official of the town of Newbury who receives a stipend shall not be eligible for participation in the town's contributory health and life insurance plans unless the official pays to the town 100 per cent of the cost of participation in the plans, plus any administrative costs that may be assessed by the board of selectmen.
SECTION 2. Notwithstanding section 1, the town clerk shall remain eligible for participation in the town's contributory health and life insurance plans at the same rate of contribution as nonunion employees of the town.
SECTION 3. This act shall take effect upon its passage.
Approved, August 11, 2010.
CHAPTER 350 AN ACT AUTHORIZING THE TOWN OF NEWBURY TO USE CERTAIN FUND BALANCES FOR CAPITAL EXPENDITURES.
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. Notwithstanding section 20 of chapter 44 of the General Laws or any other general or special law to the contrary, the balances remaining in the town of Newbury's treasury from the sale of bonds for the payment for projects to cap the town's former landfill and construct the town's present transfer station may be expended without further appropriation by the board of selectmen for any purpose for which the town is authorized to incur debt for a period of 5 years or more.
SECTION 2. This act shall take effect upon its passage.
Approved, December 12, 2012.
CHAPTER 351 AN ACT PROVIDING FOR THE ESTABLISHMENT OF A FIRE DEPARTMENT IN THE TOWN OF NEWBURY.
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. It is hereby recognized that Protection Fire Co. No. 1 Byfield, Massachusetts and Protection Fire Co. No. 2 have played a unique role in the history of the town of Newbury. The town seeks to preserve the special relationship it has shared with the fire companies in the provision of fire protection services to the town. It is further recognized that to best leverage the limited financial and physical resources of the town of Newbury, the continued relationship of the town with these fire companies will provide important supplementary resources and support to maintain the high level of fire protection services the people of the town have come to expect.
SECTION 2. Notwithstanding any general or special law to the contrary, 2 fire companies within the jurisdictional limits of the town of Newbury may provide services to the town under the operational control of a single board of fire engineers. The board of fire engineers shall be appointed annually by the board of selectmen as provided in section 45 of chapter 48 of the General Laws. The chief engineer shall have the duties and responsibilities of the fire chief for the town of Newbury. Any member of the board of fire engineers may be removed for cause by the board of selectmen at any time after a hearing. Nothing in this act shall grant tenure to any member of the board of fire engineers.
SECTION 3. (a) Except as otherwise provided in subsection (b), the board of fire engineers and the fire chief shall have the duties and responsibilities described in this subsection. The fire chief shall have general charge of extinguishing fires in the town of Newbury and the protection of life and property in case of fire or other emergency. The board of fire engineers and the fire chief shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns and upon fire chiefs, except as herein provided. The board of fire engineers shall appoint 1 or more deputy fire chiefs and such other officers and firefighters as the board considers necessary or appropriate and may remove the same for cause at any time after a hearing. Any firefighter appointed pursuant to this act shall serve a probationary period of 1 year, during which time such person shall perform the duties of a firefighter and may be removed at any time after a hearing. While responding to a fire or other emergency, all officers and firefighters appointed by the board of fire engineers shall be considered employees of the town, subject to all applicable General Laws, the authority of the board of fire engineers and the fire chief and any rules and regulations adopted by the board or the fire chief for operation of the department. Notwithstanding any general or special law to the contrary, any elected or appointed official or employee of the town of Newbury shall also be eligible to serve as a member of the board of fire engineers, as a firefighter, or both. The board of fire engineers shall: have full and absolute authority in the administration of the department; make all rules and regulations for its operation; report to the board of selectmen from time to time as the board of selectmen may require; and annually report the condition of the fire department to the town along with the board of fire engineers' and the fire chief's recommendations thereto. The board of fire engineers shall determine the compensation of the permanent full-time, permanent part-time and call members of the fire department, subject to the approval of the board of selectmen, and shall, in the expenditure of money, be subject to such further limitations as the town may, from time to time, prescribe.
(b) The board of selectmen, in consultation with the board of fire engineers, may, at its sole discretion, enter into contracts with Protection Fire Co. No. 1 Byfield, Massachusetts and Protection Fire Co. No. 2 for fire protection apparel, equipment and facilities. Execution of such contracts shall not require the approval of the town meeting. Sections 38A1/2 to 38O, inclusive, of chapter 7 of the General Laws and chapters 30, 30B and 149 of the General Laws shall not apply to such contracts.
(c) No contract between the town of Newbury and Protection Fire Co. No. 1, Byfield, Massachusetts or Protection Fire Co. No. 2 shall exceed a period of 10 years; provided, however, that the board of selectmen may extend such a contract, or negotiate a new contract, for as many as 2 additional periods not to exceed 10 years each. The financial obligation of the town of Newbury under any such contract shall be subject to annual appropriation.
(d) Upon a majority vote of the entire board of selectmen and the approval of town meeting, the town may permanently sever its relationship with either firefighting company and terminate any contracts entered into pursuant to this act upon 60 days written notice of termination from the board of selectmen, at which time subsection (b) shall not apply to the firefighting company to which notice was provided in accordance with this section. Failure to enter into a contract, negotiate a new contract or extend an existing contract for the purposes authorized herein shall not be considered to constitute permanent severance of the relationship of the town with a fire company as set forth in the preceding clause.
SECTION 4. Any individual appointed as a firefighter by the board of fire engineers as of the effective date of this act shall continue in that position until the expiration of the term of appointment of such firefighter, notwithstanding any provision of this act to the contrary.
SECTION 5. This act shall take effect upon its passage.
Approved, December 12, 2012.