Every person who is elected or appointed including
those elected by the town council, or appointed by the mayor, to an
office shall receive a certificate of such election or appointment
from the town clerk which shall bear the date of its expiration. Except
as otherwise provided by law, before performing any act under his
election or appointment he shall take and subscribe to an oath to
qualify him to enter upon his duties. A record of the taking of such
oath shall be made by the town clerk. Any oath required by this section
may be administered by any officer authorized by law to administer
oaths. Records of transactions of all officers and boards shall be
properly kept and shall, subject to such reasonable restrictions as
the town council may prescribe, be open to the inspection of the public.
A copy of all rules and regulations adopted
by any town agency shall be filed in the office of the town clerk
and made available for review by any person who requests such information.
The town council shall, at five year intervals,
cause to be prepared by a special committee of the town council appointed
for that purpose, proposed revisions or recodifications of all ordinances
of the town which shall be presented to the town council for reenactment.
Such revisions or recodifications shall be prepared under the supervision
of the town solicitor, or if the town council so direct, by special
counsel retained for that purpose.
All town officers and members of town agencies
shall be deemed to be public or municipal officers or officials. Subject
to appropriation, the town may idemnify any such officer or member
for expenses or damages incurred in the defense or settlement of a
claim against him which arose while acting within the scope of his
official duties or employment, but only to the extend[1] and subject to the limitations imposed by the general
laws.
[1]
Editor's Note: So in original. Probably should
read "extent."
No member of the executive or legislative branch
or of the school committee shall appear as counsel before any town
officer or agency.
General meetings of the voters may be held from
time to time, according to the right secured to the people by the
constitution of the commonwealth; and all such meetings may, and upon
the request in writing of one-hundred voters setting forth the purposes
thereof, shall be duly called by the town council.
If any provision of the 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 the charter
and its provisions to other persons and circumstances shall not be
affected thereby.
To the extend[1] that any specific provision of the charter shall conflict
with any provisions expressed in the charter in general terms, the
specific provisions shall prevail.
[1]
Editor's Note: So in original. Probably should
read "extent."
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 center.[1]
[1]
Editor's Note: So in original. Probably should
read "charter."
In computing time under the charter, if seven
days or less, "days" shall refer to secular days and shall not include
Sundays or legal holidays. If more than seven days, every day shall
be counted.
(a)
Meetings -- All multiple member bodies of the town
whether elected or appointed or otherwise constituted, shall meet
regularly at such times and places within the town as they may prescribe.
Special meetings of any multiple member body shall be held on the
call of the respective chairman or by one-third of the members thereof
by written notice delivered to the residence or place of business
of each member at least twenty-four (24) hours in advance of the time
set. A copy of the said notice shall also be posted on the town bulletin
board(s). Special meetings of any multiple member body shall also
be called within one (1) week after the date of the filing with the
town clerk of a petition signed by at least one hundred voters and
which states the purpose or purposes for which the meeting is to be
called. Except as otherwise authorized by general laws all meetings
of all multiple member bodies shall be open and public, however, the
multiple member body may recess for the purpose of discussing in a
closed or executive session limited to its own membership, any matter
which would tend to defame or prejudice the character or reputation
of any person, which would affect the public security, or which might
have a direct fiscal effect on the town, provided that the general
subject matter for consideration is expressed in the motion calling
for such session and that final action on the matter is not taken
until the multiple member body has come back into formal session.
(b)
Agendas -- At least twenty-four hours before any meeting
of a multiple member body is to be held, an agenda containing all
items which are scheduled to come before it at the meeting shall be
posted on the town bulletin board(s). No action taken on a matter
not included in the posted agenda shall be effective unless the body
first adopts by special vote a resolution declaring that an emergency
exists and that the particular matter must be acted upon at that meeting
for the immediate preservation of the peace, health, safety or convenience
of the town.
(c)
Rules and Journal -- Each multiple member body shall
determine its own rules and order of business unless otherwise provided
by the charter or by law and shall provide for keeping a journal of
its proceedings. These rules and journals shall be a public record
kept available in a place convenient to the public at all times and
certified copies shall be kept available in the Agawam Center Public
Library.
(d)
Voting -- Except on procedural matters all votes of
all multiple member bodies shall be taken by a call of the roll and
the ayes and nays shall be recorded in the journal, provided, however
that if the vote is unanimous only that fact need be recorded.
(e)
Quorum -- A majority of the members of a multiple
member body shall constitute a quorum, but a smaller number may adjourn
from time to time and may compel the attendance of absent members
in the manner and subject to the penalties prescribed by the rules
of the body. No other action shall be valid or binding unless ratified
by the affirmative vote of the majority of the full body.
Unless another meaning is clearly apparrent
from the manner in which the word is used, the following words as
used in the charter shall have the following meanings:
(a)
Charter -- The word "charter" shall mean this charter
and any amendments to it made through any of the methods provided
under article LXXXIX of the amendments to the state constitution.
(b)
Town -- The word "town" shall mean the town of Agawam.
(c)
Town Agency -- The words "town agency" shall mean
any board, commission, committee, department or office of the town
government.
(d)
Full Council -- The words "full council" shall mean
the entire authorized complement of the town council notwithstanding
any vacancies which might exist.
(e)
Initiative Measure -- The words "initiative measures" shall mean a measure proposed by initiative procedures under the charter, including a specific item in a town budget or school committee budget but excluding (1) proceedings relating to the organization or operation of the town council or school committee, (2) an emergency measure passed in conformity with the charter, (3) the town budget as a whole or the school committee budget as a whole, (4) a revenue loan order, (5) any appropriation for the payment of the town's debts or obligations, (6) an appropriation of funds necessary to implement a written agreement executed under general laws, chapter 149, section 178l (relating to collective bargaining), (7) any proceeding or part thereof, relating to the election, employment, appointment, suspension, transfer, demotion, removal or discharge of any town officer or employee, (8) any proceeding repealing or rescinding a measure, or a part thereof, which is protested by referendum procedures.
(f)
Referendum Measure -- The words "referendum measure" shall mean a measure protested by referendum procedures under the charter, including a specific item in a town budget or school committee budget, but excluding (1) proceedings relating to the organization or operation of the town council or school committee, (2) an emergency measure passed in conformity with the charter, (3) the town budget as a whole or the school committee budget as a whole, (4) a revenue loan order, (5) any appropriation for the payment of the town's debts or obligations, (6) an appropriation of funds necessary to implement a written agreement executed under general laws chapter 149, section 178l (relating to collective bargaining), (7) any proceeding, or part thereof, relating to the election, employment, appointment, suspension, transfer, demotion, removal, or discharge of any town officer or employee, (8) any proceeding providing for the submission or referral of a matter to the voters at an election.
(g)
Majority Vote -- The words "majority vote" shall mean
a majority of those present and voting; provided, that a quorum of
the body is present.
(h)
Measure -- The word "measure" shall mean an ordinance
passed or which could be passed by the town council or an order, resolution,
vote or other proceeding passed or which could be passed by the town
council or the school committee.
(i)
Voters -- The word "voters" shall mean registered
voters of the town of Agawam.
(a)
In General -- Any appointed officer or full-time salaried
employee of the town, not subject to the provisions of the state civil
service law, whether appointed for a fixed or an indefinite term,
may be suspended or removed from office by the appointing authority
for good cause. The term cause shall include, but not be limited,
to the following; incapacity other than temporary illness, inefficiency,
insubordination and conduct unbecoming the office.
(b)
Suspension -- Any appointed officer or full-time salaried
employee of the town may be suspended from office by the appointing
authority if such action is deemed by them to be necessary to protect
the interests of the town. However, no suspension shall be for more
than fifteen days.
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Suspension may be conterminous with removal
and shall not interfere with the rights of the officer or employee
under the removal procedure given below.
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(c)
Removal -- The appointing authority when removing
any such officer or employee shall act in accordance with the following
procedure:
1.
A written notice of the intent to remove and a statement
of the cause or causes therefor shall be delivered by registered mail
to the last known address of the person sought to be removed.
2.
Within five days of delivery of such notice the officer
or employee 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.
3.
Between one and ten days after the public hearing
is adjourned or if the officer or employee fails to request a public
hearing, between six and fifteen days after delivery of notice of
the intent to remove, the appointing authority shall take final action
either by removing the officer or employee or by notifying him that
the notice is rescinded.
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Nothing in this section shall be construed as
granting a right to such a hearing to a person who hold a position
for a fixed term, when his term expires.
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