All general laws, special laws, by-laws, votes, resolutions,
rules, and regulations of or pertaining to the Town which are in force
at the time this charter takes effect, not inconsistent with the provisions
of this charter, shall continue in full force until amended or rescinded
by due course of law or until they expire by their own limitation.
Where provisions of this charter conflict with provisions of
Town by-laws, rules, regulations, orders and special acts and acceptances
of laws of the Commonwealth, the charter provisions shall govern.
All provisions of Town by-laws, 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acts not superseded by this charter shall remain in force.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. No person shall be
removed from a position without cause.
All Town offices, 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.
(a)
In General. 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.
(b)
School Department Real Property. The custody and control of all real
property and buildings under the School Committee or School Department
shall be transferred to the Town Council, and the maintenance of such
real property and buildings shall be transferred to the Department
of Public Works, on or before July 1, 2000, with the exception of
school janitorial duties, which shall remain a function of the School
Department.
This charter shall become fully effective upon adoption by the
voters, except as otherwise provided in this section:
(a)
Forthwith following the election at which the charter is adopted,
the Town Council shall initiate proceedings whereby a screening committee
shall be established to review applicants for the position of Town
Administrator. The screening committee is to consist of nine (9) persons
representing as nearly as possible the Town demographic and occupational
base.
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Not more than thirty (30) days following the election at which
this charter is adopted, the nine (9) persons appointed as aforesaid
shall meet to organize and to plan a process for the selection of
the Town Administrator.
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The committee shall review and screen all applications and provide
for interviews with such candidates for the position as it deems to
be necessary.
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Not earlier than thirty (30) days, but not later than forty-five
(45) days, after the first annual Town election following the adoption
of this Charter, the committee shall submit to the Town Council the
names of not less than three (3) nor more than five (5) candidates
for the position. Within sixty (60) days following the date the list
of nominees is submitted to it, the Town Council shall choose one
of the nominees to be appointed to the office of Town Administrator.
Upon the appointment of a Town Administrator, the committee established
hereunder shall be considered discharged.
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(b)
Upon the expiration of the employment contract in effect at the time
of adoption of this charter, the office of Executive Secretary shall
be abolished.
(c)
Until such time as the Town Administrator is appointed, the Executive
Secretary shall be appointed by this charter as Acting Town Administrator.
(d)
The Town Council shall be increased from five (5) to seven (7) members
in the following manner: At the first annual Town election held after
the adoption of this Charter, the Town Council shall be increased
in size from five (5) members to seven (7) members by increasing by
two (2) the number of members of the Town Council to be elected by
the voters. The candidate(s) receiving the highest number of votes
shall fill any regular vacanc(ies) for three (3) year terms. After
the regular vacanc(ies) have been filled, the candidate with the next-highest
number of votes shall fill the first new seat and serve for an initial
term of two (2) years, and the candidate with the next-highest number
of votes shall fill the second new seat and shall serve for an initial
term of one (1) year. After expiration of the respective initial terms,
each Board member thereafter elected shall serve for a three (3) year
term.
(e)
The School Committee shall be increased from five (5) to seven (7)
members in the following manner: At the first annual Town election
held after the adoption of this Charter, the School Committee shall
be increased in size from five (5) members to seven (7) members by
increasing by two (2) the number of members of the School Committee
to be elected by the voters. After the regular vacanc(ies) have been
filled, the candidate with the next-highest number of The candidate(s)
receiving the highest number of votes shall fill any regular vacanc(ies)
for three (3) year terms. Votes shall fill the first new seat and
serve for an initial term of two (2) years, and the candidate with
the next-highest number of votes shall fill the second new seat and
shall serve for an initial term of one (1) year. After expiration
of the respective initial terms, each Committee member thereafter
elected shall serve for a three (3) year term.
(f)
Beginning with the annual Town election held after the adoption of
this Charter, the seat of each Finance Committee member whose term
expires shall be filled by appointment to a three (3) year term by
the Finance Committee Selection Committee.
(g)
The Advisory Board of Public Works shall be established in the following
manner: Upon adoption of this charter, the Board of Public Works shall
be abolished, and each existing member of the Board of Public Works
shall be appointed by this charter as an interim member of the Advisory
Board of Public Works and shall be permitted to serve on the Advisory
Board of Public Works as an interim member for a term equal to his
or her remaining elected term with the Board of Public Works. Thereafter,
vacated the seats of the interim members shall be left vacant until
the Advisory Board of Public Works has been reduced to three (3) members,
after which vacancies shall be filled by appointment by the Town Council
as provided by this charter.
(h)
Except as otherwise provided by this charter, and until such time
as the Town Meeting may act, by by-law, to amend, repeal or revise
them, the following provisions shall have the force of Town by-laws:
(1)
Date of Town Meetings. The spring session of the annual Town
Meeting shall be held on the first Monday in April.
(2)
Date of Town Elections. The annual Town election for the election
of Town officers, and for the determination of all other matters to
be referred to the voters, shall be held on the fourth Tuesday in
April.
(i)
Within thirty (30) days following the adoption of this charter, the
Town Council shall appoint a committee of seven (7) voters to review
the Town by-laws and report back to the first annual Town Meeting
held after the adoption of this Charter, at the latest, with recommendations
to bring by-laws into conformity with the provisions of this charter.
(j)
Unless otherwise provided by this charter, the composition and term
of office of any Town agency, board, commission, committee or department
shall continue as it has been until such time as a different form
of organization is provided in accordance with the procedures made
available in this charter.
(k)
The Town Council shall, within thirty days after the adoption of
this charter by the voters, appoint a seven (7) member committee to
prepare a code of ethics for the Town of Wakefield. Said committee
shall be composed of one (1) elected Town official, one (1) appointed
Town official, one (1) Town employee and four (4) voters at large
from the Town. The code of ethics shall be applicable to all elected
and appointed officials and Town employees. The committee shall report
back to the Annual Town Meeting, held at least ten (10) months after
the committee has been appointed, with a recommended code of ethics
for consideration by the Town Meeting.
