Town of Southborough, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Southborough as Art. XII of the 1983 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and authorities — See Ch. 6.
Committees — See Ch. 9.
Officers and employees — See Ch. 27.

§ 3-1 Information to be given Town Clerk.

All officers, boards and committees shall notify the Town Clerk of their organizations, of their office hours and of the time and place of their meetings.

§ 3-2 Town contracts over certain amounts.

No contract, involving an obligation of the Town, exceeding the sum of $300 shall be binding upon the Town unless it is in writing and is signed by at least a majority of the board or committee duly authorized or having control of the appropriation against which such obligation is incurred; and such board or committee shall make a record of every such contract in a book which shall be the property of the Town.

§ 3-3 Contract signing time limits.

No board or officer shall make any contract on behalf of the Town, the execution of which shall necessarily extend beyond one-year from the date thereof, unless specific authority so to do has been given by vote of the Town.

§ 3-4 Orders, contracts and votes to be kept on file.

A. 
Every officer, board or committee of the Town charged with the expenditure of money shall furnish the Town Accountant with a copy of all orders for the purchase of equipment, supplies or materials and all requisitions for personal services, except for services, payment for which is to be made on the regular payroll of the department, board or committee contracting for the same at the time such purchases or requisitions are made.
B. 
Every officer, board or committee making or entering into any written contract shall file such contract with the Town Accountant before any payment is made thereon.
C. 
Every board or committee shall at once furnish the Town Accountant with a copy of any vote adopted by it which involves the expenditure of money.

§ 3-5 Statements to be kept on file.

Every officer or board of the Town, at the time of rendering or transmitting any bill or demand for any money due or payable to the Town, shall, at the same time, file a statement thereof with the Town Accountant; provided, however, that the provisions of this section shall not apply to bills or demands for taxes or other municipal assessments.

§ 3-6 Sale of property.

[Amended 4-13-2010 ATM by Art. 19]
Any officer or board in charge of a department may, with the approval of the Board of Selectmen, sell any personal property or material lawfully in custody of and belonging to such department and no longer needed and which does not exceed $2,000 in value. No property of the Town of value in excess of $1,000 shall be sold except at public auction, after not less than seven days' notice in one or more newspapers published in the Counties of Worcester and Middlesex.

§ 3-7 Submittal of financial reports.

Every officer in charge of a department shall annually, on or before the 15th day of January, transmit to the Selectmen, in writing, a report, containing a statement of the acts and doings of his department for the past financial year, to be printed in the Annual Report as the Selectmen may deem expedient.

§ 3-8 Compensation and outside contracts.

No Town, officer, department or committee member shall receive any compensation or commission for work done by him in his official capacity for the Town, except his official salary and fees allowed by law, or enter into any contract with any department of the Town without the permission of the Selectmen, expressed by a vote which shall appear on their records, together with the reason therefor.

§ 3-9 Donations and acquisitions.

[Amended 4-12-2004 ATM by Art. 3]
All Town departments, except those under the supervision of the various elected school committees, prior to the acquisition by grant, gift, lease or other means of capital equipment, real property or capital assets by any Town department, employee, board or official except as specifically budgeted and approved by Town Meeting, the parties making such acquisition shall:
A. 
Provide the Board of Selectmen with a written description of the equipment, real property or capital asset to be acquired. The Board of Selectmen shall approve the acquisition by majority vote; and
B. 
Also provide the Board of Selectmen with a written estimate of annual maintenance costs; annual operating costs, and a description and cost of ancillary support systems and equipment that are required for the effective utilization of the equipment, real property or asset. These estimates shall be for a period equal to the life of the equipment, real property or capital asset or five years, whichever is less. The Board of Selectmen shall approve these estimates by majority vote.
C. 
Shall the Board of Selectmen fail to approve either option as noted above, the equipment, capital asset or real property shall not be acquired.

§ 3-10 (Reserved)

§ 3-11 Superintendent of Public Works employment contract.

[Added 4-15-2004 ATM by Art. 55]
A. 
The Town, acting by and through its Selectmen, may provide an employment contract, for a period of up to three years, to provide for the salary, fringe benefits and other conditions of employment, including, but not limited to, severance pay, relocation expenses, reimbursement of expenses incurred in the performance of duties or office, liability and disability insurance, and leave, for the Superintendent of Public Works.
B. 
Such an employment contract shall prevail over and preempt any provision of any local personnel bylaw, Code section, rule or regulation covering the subject matter of the employment contract.
C. 
If the Town Meeting votes to appropriate the funds necessary for the first year of any contract described herein, the Town shall be bound to fund the remaining term of the contract.
D. 
Nothing contained in this section shall affect the appointment or removal powers of the Board of Selectmen over the above-referenced department head, nor shall it grant tenure to such department head.
E. 
The Board of Selectmen may promulgate rules and regulations to carry out this bylaw.