All bylaws, resolutions, rules, regulations,
and votes of the town meeting which are in force at the time this
charter is adopted, not inconsistent with the provisions of this charter,
shall continue in full force until amended or repealed.
Where provisions of this charter conflict with
provisions of town bylaws, rules, regulations, orders, and special
acts and acceptances of laws of the Commonwealth, the charter provisions
shall govern. All provisions of town bylaws, rules, regulations, orders
and special acts not superseded by this charter shall remain in force.
Any person holding a town office or employment
under the town shall retain such office or employment and shall continue
to perform the duties of the office until provisions shall have been
made in accordance with this charter for the performance of the said
duties by another person or agency. No person in the permanent full-time
service or employment of the town shall forfeit pay grade or time
in service. Each such person shall be retained in a capacity as similar
to the person's former capacity as is practical.
All town officers, boards, commissions or agencies
shall continue to perform their duties until re-appointed, or re-elected,
or until successors to their respective positions are fully appointed
or elected or until their duties have been transferred and assumed
by another town office, board, commission or agency. It is the intention
of the charter commission that the present relationship of the town
with the libraries of the town shall continue.
All official bonds, obligations, contracts and
other instruments entered into or executed by or to the town before
the adoption of this charter, and all taxes, special assessments,
fines, penalties, forfeitures incurred or imposed, due or owing to
the town, shall be enforced and collected, and all writs, prosecutions,
actions and causes of action, except as herein otherwise provided,
shall continue without abatement and remain unaffected by this charter.
No legal act done by or in favor of the town shall be rendered invalid
by the adoption of this charter.
All records, property and equipment whatsoever
of any office, board, commission, committee or agency or part thereof,
the powers and duties of which are assigned in whole or in part to
another town office, board, commission or agency shall be transferred
forthwith to such office, board, commission or agency.
For the purpose of the authority to reorganize town offices, departments and agencies as provided for in section 5-1 of this charter, Chapter 274 of the Acts of 1931, as most recently amended by Chapter 296 of the Acts of 1976 (An Act providing that the Board of Sewer Commissions in the Town of Barnstable be known as the Water Pollution Control Board) and provisions of previous charters, chapter 76 of the acts of 1981 (An Act Establishing the Sandy Neck Governing Board of the Town of Barnstable) and chapters 215 (An Act Establishing A Department of Planning and Development, An Economic and Community Development Commission, a Planning Board, and a Zoning Board of Appeals in the Town of Barnstable) and 295 of the Acts of 1984 (An Act Relative to The Zoning Board of Appeals of the Town of Barnstable) shall be deemed to be part of the town ordinances and may be amended, repealed or revised in accordance with the provisions of section 5-1. Notwithstanding any provision of this charter to the contrary the airport commission, if any, shall have all the powers, duties and responsibilities as provided in General Law, chapter 90. [Town Council amended by item 91-121 passed unanimously 6/6/91; amendment approved by voters 11/5/1991]
This charter shall become fully effective upon
ratification by the voters, except as otherwise provided in this section:
(a)
A special election to elect the first officers under
this charter shall be held on the third Tuesday in July following
the adoption of this charter. A preliminary election to nominate candidates
shall be held on the fourth Tuesday preceding such special election.
At such election the voters shall elect the town council, two members
of the school committee and the housing authority.
Precincts having been recently realigned, there shall be two councillors elected from each of the nine precincts. The eighteen members of the town council shall be elected at said special election in the following manner: in each precinct the candidate receiving the highest number of votes shall be elected for a term of four years and the other candidate elected shall serve a term of two years, thereafter, at the expiration of terms of four years as provided in section 2-1.
The terms of office of the two incumbent members of the school committee elected for terms of offices which were intended to expire at the annual town election in 1990, shall be terminated and their successors shall be elected at the special election to elect the first officers under this chapter. At such special election the candidate receiving the highest number of votes shall be elected to serve a term of four years and the other candidate shall be elected to serve a term of two years and thereafter upon the expiration of said terms of office candidates shall be elected for terms of four years in accordance with section 3-3 of this charter.
The two incumbent members of the school committee who are elected for terms of office at the annual town election held in April 1989 shall have their terms of office extended to the regular town election to be held in November 1993 at which time their successors shall be elected. At such regular election the candidates shall be elected for terms of four years in accordance with section 3-3 of this charter.
The term of office of the incumbent member of the school committee who is elected to fill an unexpired term of office at the annual town election in April 1989 shall be extended to the regular town election to be held in November 1991 and at such time a successor shall be elected to serve a term of four years in accordance with section 3-3 of this charter.
At such special election the term of the four
elected incumbent members of the housing authority shall terminate
and their successors shall be elected. The two candidates receiving
the highest number of votes shall be elected for terms of four years
and the two other candidates elected shall serve terms of office members
shall be elected for terms of four years as provided in section 3-7.
In the year in which this charter is adopted a regular municipal election shall not be held in accordance with section 7-1 of this charter. Terms of office of any officer elected for a term of two years at said special election shall be extended to expire at the organization of town government after the regular town election for a term of four years at said special election shall be extended to expire at the organization of town government after the regular town election in November 1993.
(b)
The incumbent in the office of tax collector shall continue to serve
in the office until the completion of the current elected term.
[Amended 11-7-2017]
(c)
The incumbent serving in the office of treasurer and office of town clerk shall continue to serve in said offices and the term of such offices shall be extended to the regular town election held after the adoption of this charter in 1993, at such time the office of town clerk shall be elected in accordance with section 3-5 of this charter. Upon the adoption of the charter the office of town treasurer shall become an appointive position and the incumbent in the said office shall continue in office until a successor is appointed in accordance with section 4-2.
Upon the appointment of the treasurer, the town
manager, the town clerk, the director of finance, and the personnel
director shall come together to evaluate the staffing needs of each
entity (the town clerk and the treasurer), and shall divide the existing
staff in the town clerk/treasurers office in such a way as to provide
adequate staff coverage for each function. Requests for additional
staffing which may be required as a result of the division of these
offices shall be forwarded to the town council by the town manager
as soon as possible after said division of staff.
(d)
As soon as possible following the election the town
clerk shall call together persons elected to the town council for
the purpose of taking their oaths of office, to choose a president
and vice president of the town council and to adopt any temporary
rules governing the conduct of meetings of the town council.
(e)
Following the organization meeting of the town council, the town council shall prepare to assume its full powers, duties and responsibilities which will devolve upon the town council under this charter by undertaking the following tasks: (1) The council president shall as soon as practicable appoint a committee of the council to develop rules and regulations governing the conduct of council meetings and business. Said committee shall propose such rules and regulations for review and adoption by the council as a whole within forty-five days following the organization of government. (2) The town council shall establish a process for the selection of the town manager which shall enable the council to appoint a town manager by the first day of March or as soon as practical thereafter; provided, however, the town council shall if it has not appointed a town manager by the first day of March appoint an acting town manager in accordance with section 4-5 of this charter; (3) The town council shall provide for a review of all bylaws to bring them into conformity with the charter.
(f)
The representative town meeting in office at the time
of the election shall continue to conduct all the legislative business
of the town until the full power of the town council shall become
operative on the first secular day of January following the election
of the council. On the first secular day of January the terms of office
of all members of the representative town meeting shall be terminated
and the representative town meeting shall cease to exist. The office
of the moderator shall cease to exist on said first secular day of
January. The powers of the town council shall become fully effective
upon said first secular day of January.
(g)
The board of selectmen shall continue to be responsible
for the general operation and business of town government and shall
continue to perform all of the powers, duties and responsibilities
of the office until the first day of March at which time the board
of selectmen shall have only the powers granted to boards of assessors
under the laws of the Commonwealth.
The board of selectmen in office at the time of the election establishing the town council shall continue to serve in that office until the first day of March in the year following the adoption of this charter and as of said first day of March the terms of office of all members of the board of selectmen shall be terminated and the board of selectmen shall cease to exist as the board of selectmen, except that the board shall continue to have powers of and to act as the board of assessors and shall be called the board of assessors. The persons serving as members of the board of assessors shall continue to serve until such time as successors are appointed by the town council. If, at any time after the election establishing the town council, more than one member of the board of selectmen shall resign from office, the town council shall have the power to appoint an acting town manager in accordance with section 4-5 of this charter and the powers of the board of selectmen shall be limited to those of the board of assessors.
The members of the board of selectmen in office
at the time of the election shall continue to be compensated in the
current manner until the last day of March in the year following the
adoption of this charter.
(h)
The preparation of the operating and capital budgets
shall continue to be prepared in the manner that is now provided for
except that the finance committee and the capital outlay committee
shall submit their recommendations to the town council no later than
the first day of April in the year following the adoption of this
charter. The finance committee shall cease to exist on the first day
of May in the year following the adoption of this charter.
(i)
Subject to appropriation, members of the town council
shall receive $1,500 per annum and the president of the council shall
receive $2,000 per annum. These amounts shall continue until such
amount is changed by the town council in accordance with provisions
of this charter.
(j)
Subject to appropriation, the initial salary of the
town manager shall not be less than $60,000.
(k)
Until such time as another form of organization is established in accordance with section 5-1 of this charter the following organization shall be in effect in the town of Barnstable:
(1)
The town manager shall appoint subject to the
approval of the town council:
[Amended 11-7-2017]
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a town attorney
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a town accountant/director of finance
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a town collector
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a town treasurer
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a police chief
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a director of personnel
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a building commissioner
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a director of civil defense
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an inspector of animals
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the constables
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a dog officer
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the fence viewers
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a forest fire warden
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a gas inspector
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a harbor master
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and, all other officers, department heads, and
employees for whom no other method of appointment is provided.
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(2)
The town manager shall appoint subject to the
approval of the town council:
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a superintendent of public works after consultation
with the public works commission;
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a director of recreation after consultation
with the recreation commission;
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a director of planning and development after
consultation with the planning board and zoning board of appeals;
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a conservation agent after consultation with
the conservation commission;
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a health agent after consultation with the board
of health
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a chief ranger after consultation with the Sandy
Neck governing board;
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a director of assessing after consultation with
the board of assessors; and,
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a director of the council on aging after consultation
with the council on aging.
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For the purpose of this section consultation
shall mean that each multiple member body cited herein shall have
an opportunity to interview job candidates and make recommendations
to the town manager.
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Appointments made by the town manager shall
be for the same term of office as currently provided for, until other
provisions are made in accordance with this charter.
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(3)
The town council shall appoint:
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a board of assessors
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a planning board
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a conservation commission
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a zoning board of appeals
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a council on aging
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an airport commission
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a capital outlay and planning committee
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a Sandy Neck governing board except those members
that are appointed by another multiple member body;
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a government study committee
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a board of health
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an historical commission
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a public works commission
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a recreation commission
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a town library committee nominated by the boards
of the libraries of the town
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and, all other multiple member bodies for whom
no other method of appointment is provided.
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Appointments made by the town council shall
be for the same term of office, and the same number of members for
each multiple member body as currently provided for, until other provisions
are made in accordance with this charter.
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(l)
The town manager shall review the organization of the town government and prepare an administrative code in accordance with section 5-1 of this charter. The town manager shall submit said administrative code to the town council within six months of appointment.
(m)
The town council shall within sixty days after assuming
its full powers file a special act with the Great and General Court
of the Commonwealth to provide that civil service coverage is not
extended beyond the coverage that is already granted to selected employees
or employee groups of the town. The town shall also review and consider
other laws of the Commonwealth which may affect the town as a result
of the adoption of this charter and file any special legislation as
deemed necessary.
(n)
The town council shall commission a study of all the
water and fire districts within the town of Barnstable. The purpose
of said study is to evaluate the advantages and or disadvantages of
such a consolidation, as well as evaluating the economic feasibility
and viability of consolidating such districts. Said study shall be
completed within two years of the creation of the town council.
(o)
Until such time as provided otherwise by ordinance
the recreation commission shall have jurisdiction over playgrounds
and athletic fields, including those under the jurisdiction of the
school committee except during the regular school year or at other
times when such facilities are reserved for use for Town of Barnstable
school activities.
(p)
In negotiating future cable contracts for providing
residents with cable television services the appropriate town committees
and the town administration shall attempt to negotiate provisions
which shall provide televised council meetings as a public access
service.
