All general laws, special laws, town by-laws, town meeting votes,
and rules and regulations of or pertaining to Braintree that are in
force when this charter takes effect, and not specifically or by implication
repealed by this charter, shall continue in full force and effect
until amended or repealed, or rescinded by due course of law, or until
they expire by their own limitation.
In any case in which the provisions of this charter are found
to be inconsistent with the provisions of any general or special law
that would otherwise be applicable, the provisions of this charter
shall be deemed to prevail. Every inconsistency between the prior
law and this charter shall be decided in favor of this charter.
All town agencies shall continue to perform their duties until
re-elected, reappointed, or until successors to their respective positions
are duly appointed or elected, or until their duties have been transferred
and assumed by another town agency.
All records, property and equipment whatsoever of any town agency,
or part thereof, the powers and duties of which are assigned in whole
or in part to another town agency, shall be transferred immediately
to that agency.
All official bonds, recognizances, obligations, contracts, and
other instruments entered into or executed by or to the town before
the adoption of this charter, and all taxes, 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 the charter; and no legal
act done by or in favor of the town shall be rendered invalid by reason
of the adoption of this charter.
This charter shall be submitted to the voters of the town of
Braintree for acceptance at the next town election in the form of
the following question, which shall be placed on the official ballot
to be used at that election: "Shall an Act passed by the General Court
entitled 'An Act to establish a mayor/town council for the town of
Braintree' be accepted." If a majority of votes cast in answer to
this question are in the affirmative, this Charter shall then take
effect in accordance with the following schedule; but if a majority
of votes cast in answer to both this question and the question required
by chapter 113 of the acts of 2005 is in the affirmative, then only
the act corresponding to the question that receives the largest number
of affirmative votes shall take effect.
(a)
All town officers and employees shall continue to perform their duties
in the same manner and to the same extent as they have performed the
same prior to the ratification by the voters of the Charter, but,
being mindful that on the first business day in January of the year
following the first regular town election held under the charter,
the executive authority will thereafter be vested in a mayor and the
legislative authority shall be vested in a town council.
(b)
The first election of officers under this charter shall be held on
the first Tuesday following the first Monday in November 2007 for
the purpose of electing a mayor, 9 members of town council, 6 members
of the school committee, 6 members of the Thayer Library Trustees,
and 3 members of the Municipal Lighting Board. A preliminary election
for the purpose of nominating the mayoral candidates to be elected
at this election shall be held on the sixth Tuesday preceding the
election. So much of this charter shall become effective as is necessary
to conduct these elections. The board of selectmen shall issue the
warrants for the elections. The term of all existing members of the
school committee, the Braintree Electric Light Board, and the Thayer
Library trustees shall expire at the end of the year 2007.
At the regular town election held in November 2007, 6 members
shall be elected to the school committee. The 3 candidates receiving
the highest number of votes shall be declared elected to a 4-year
term. The candidates receiving the fourth, fifth and sixth highest
number of votes, shall be declared elected for a 2-year term; thereafter,
at each regular town election 3 candidates shall be elected to the
office of school committee member for a term of 4 years.
At the regular town election held in November 2007, 3 members
shall be elected to the Municipal Lighting Board. The candidate receiving
the highest number of votes shall be declared elected to a 4-year
term. The candidates receiving the second and third highest number
of votes shall be declared elected to a 2-year term; thereafter, at
each regular town election 1 or 2 candidates shall be elected to the
office of Municipal Lighting Board.
At the regular town election held in November 2007, 6 members
shall be elected to the Thayer Public Library Board of Trustees. The
3 candidates receiving the highest number of votes shall be declared
elected to a 4-year term. The candidates receiving the fourth, fifth
and sixth highest number of votes, shall be declared elected for a
2-year term. Thayer Library Trustees serving lifetime appointments
shall transition to being elected when their office is vacated in
accordance with Thayer Library Trustee procedures; thereafter, at
each regular town election all candidates shall be elected to 4-year
terms.
(c)
Immediately following the special November 2007 election, the persons
elected as mayor and town council members shall be sworn to the faithful
performance of their duties and shall take up so much of the powers
and duties of their offices as are necessary to begin the process
of transition from the existing form of government to the new form
of government. This preparation for the transfer shall include a review
by the town council members of policies and procedures to govern the
conduct of the business of the town council and the adoption by it
of rules by which it will conduct its business. The person chosen
as mayor shall meet regularly with the members of the board of selectmen
and the school committee and for such purpose shall be considered
a member ex officio of these bodies. The mayor shall have a right
to meet with any town officer, town agency or town employee during
regular business hours for the purpose of acquiring and advancing
knowledge and information necessary to assume the full powers of mayor
on the first business day of January in the year following the year
in which the charter is adopted. The mayor shall be responsible for
a review of the existing town by-laws to be undertaken to bring them
into conformity with the new charter.
(d)
On the first business day of January in 2008 the terms of office of the members of the board of selectmen, the town moderator and of the representative town meeting members shall all be terminated, and their offices abolished. The mayor, town council and school committee shall organize as provided in section 8-10. Each other elected and appointed town officer and employee shall continue to serve in the same office or position until some other provision is made under section 5-1 or unless some other provision is specifically made hereinafter for any particular office or position.
(e)
At the regular town election held in November 2007, 4 members shall
be elected to the Braintree Housing Authority. The 2 candidates receiving
the highest number of votes shall be declared elected to a 4-year
term. The candidates receiving the third and fourth highest number
of votes shall be elected for a 2-year term; thereafter, at each regular
town election, 2 candidates shall be elected to the Braintree Housing
Authority for a term of 4 years.
(f)
Until such time as a salary is established for the office of mayor under subsection (c) of section 3-1, the initial salary for the mayor shall be the same as the amount which was provided at the top level of the pay grade for the position of executive secretary on December 31, 2007. The initial salary for the members of the town council shall be established as $5,000 for each councilor and $7,500 for the president of the town council.
[Amended 2-21-2008 by c. 41 of the Acts of 2008]
(g)
The office of executive secretary is hereby abolished effective on
the first business day of January 2008. The incumbent in the office
of executive secretary shall continue to serve in that office until
the first business day of January 2008. The incumbent may be continued
in the service of the municipality beyond that termination date, in
some other position, if that person and the mayor so agree.
(h)
As soon as practical after the first mayor and town council have been elected and taken the oath of office in November 2007, the mayor shall call together an initial meeting of the members of the board of license commissioners established in section 5-7(c) of this charter. The board of selectmen and its staff shall keep the board of license commissioners so established fully appraised of its activities in the year-end renewing of licenses in order to acquaint the members of the board to these procedures. The board of license commissioners shall assume full authority under chapter 138 and chapter 140 of the General Laws on the first business day in January 2008.
(i)
Not later than 30 days after the date of the ratification of this
charter by the voters, the board of selectmen shall give to each member
of the Massachusetts house and senate who represent any part of Braintree
a copy of the vote ratifying this charter and the following petition
for the enactment of a special law applicable to Braintree in the
following form:
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AN ACT EXCEPTING BRAINTREE FROM CERTAIN PROVISIONS OF THE CIVIL
SERVICE LAW
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Be it enacted, etc.
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For the purpose of classifying positions under the civil service
law and rules, Braintree, notwithstanding a Charter establishing its
form of government, shall continue to be governed by section 52 of
chapter 31 of the General Laws and not by section 51 of said chapter
31. Nothing in this act shall be construed to affect the civil service
status of any person currently covered by such law and rules. This
act shall take effect upon its passage. The above draft is provided
for guidance and general scope and may be altered by the General Court
to conform to its normal practice.
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(j)
As soon as practical following the election at which this charter
is adopted the town clerk and the board of registrars of voters shall,
using existing precinct boundary lines and voting places, divide the
town into 6 equal voting districts, or, as nearly equal as may be
using the existing precinct lines. At the first regular town election
held under this charter and at each subsequent municipal election
until the town has been reapportioned, under sections 1-10, inclusive,
of chapter 54 of the General Laws, 1 district councilor shall be elected
from each such district and 3 town councilors shall be elected from
the town at large.
(k)
The position of town accountant, which has existed in Braintree before the effective date of this charter, shall, after the assumption of power and authority by the mayor and town council, be divided into 2 separate and distinct functions. The powers of the office which are associated with auditing, including those described in sections 50, 51, 53 and 54A of chapter 41 of the General Laws shall be assigned to the office of town auditor established by section 2-8(a) of the charter.
The remaining powers of a town accountant having to do with
the regular payment of bills and invoices submitted by municipal agencies
including those described in sections 52, 56, 57 and 58 of chapter
41 shall be exercised by a person in the executive branch under the
title town accountant, subject to the control of the director of municipal
finance.
(l)
Not later than 30 days after the election at which this charter is
adopted, the board of selectmen shall appoint 7 persons to be a committee
to begin a review of the town by-laws for the purpose of preparing
any revisions and amendments that may be necessary to bring them into
conformity with this charter and to fully implement this charter.
The committee shall submit a report, with recommendations, to the
mayor and council immediately after the election held in the year
in which this charter is adopted. The review shall be conducted under
the supervision of the town solicitor, or, by special counsel appointed
for that express purpose.
(m)
Immediately after the first regular town election held under this
charter, the mayor-elect shall appoint 7 persons to be a committee
to review the town by-laws for the purpose of preparing any revisions
and amendments that may be necessary to bring them into conformity
with this charter and to fully implement this charter. Upon the appointment
of this committee, the committee established under paragraph (l),
above, shall be terminated. The mayor may appoint to this committee
any of the persons who served on the committee established under paragraph
(l), or he may appoint different people. The committee shall submit
a report, with recommendations, within 1 year after its creation and
may submit interim reports with recommendations at any time. The review
shall be conducted under the supervision of the town solicitor, or
by special counsel appointed for that express purpose.
(o)
The provisions of section 5-3 reorganizing the department of public works, section 5-4 establishing a department of municipal finance, section 5-5 establishing a department of planning and community development, section 5-6 establishing a department of human resources and section 5-7 establishing a department of municipal licenses and inspections shall each take effect upon the appointment by the mayor of the first person to serve as director of that agency. Pending the adoption of an ordinance providing such detail, the directors of each department shall have the power to promulgate rules and regulations providing details of the organization of their department that may be necessary to carry out the functions of these departments.
(p)
Unless continued by an ordinance adopted in conformity with section 5-1, all multiple-member bodies shall be abolished as of June 30, 2008, unless that time is further extended by the mayor and council under the authority contained in section 9-6(r), below.
(q)
Notwithstanding any provision of this charter which might appear
to the contrary, it is recognized that it will not be possible for
the first person elected as mayor to begin at once to exercise all
of the powers, duties and responsibilities which are assigned to the
office of the mayor. It is recognized that it is in the best interest
of the town of Braintree that this assumption be on a gradual basis
as the mayor, town council and other municipal officials are able
to adopt ordinances and other regulations that are necessary to implement
all of the provisions of the charter.
(r)
The mayor and town council shall have authority to adopt measures
that clarify, confirm or extend any of the transitional provisions
in order that the transition may be made in the most expeditious and
least contentious manner possible.
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Approved January 10, 2006
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The foregoing Act was accepted by the voters of the Town of
Braintree at the Annual Town Election held on April 4, 2006.
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Joseph F. Powers,
Town Clerk
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