7-1-1.
This charter may be replaced, revised or amended in accordance with
any procedures made available under the state constitution and statutes
enacted to implement the said constitutional provisions.
7-2-1.
The provisions of this charter are severable. If any provision of
this charter is held invalid, the other provisions of this charter
shall not be affected thereby. If the application of this charter
or any of its provisions to any person or circumstance is held invalid,
the application of this charter and its provisions to other persons
and circumstances shall not be affected thereby.
7-3-1.
To the extent that any specific provision of this charter shall conflict
with any provision expressed in general terms, the specific provision
shall prevail.
7-4-1.
Words importing the singular number may extend and be applied to
several persons or things; words importing the plural number may include
a singular person or thing; words importing the feminine gender shall
include the masculine gender; words importing the masculine gender
shall include the feminine gender.
7-5-1.
Unless another meaning is clearly apparent from the manner in which
the word is used, the following words as used in this charter shall
have the following meanings:
(a)
Charter – The word “charter” shall mean this charter
and any amendments to it which may hereafter be adopted.
(b)
Days – The word “days” shall refer to business
days, not including Saturdays, Sundays and legal holidays when the
time set is less that seven (7) days; when the time set is seven (7)
days or more, every day shall be counted.
(c)
M.G.L.A. – The abbreviation “M.G.L.A.” shall refer
to Massachusetts General Laws Annotated.
(d)
Local newspaper – The words “local newspaper” shall
mean a newspaper of general circulation in the town of Bellingham.
(e)
Majority vote – The words “majority vote” shall
mean a majority of those present and voting, provided there is a quorum
of the body present when the vote is taken, unless a higher number
is required by law.
(f)
Multiple member body – The words “multiple member body”
shall mean any town body consisting of two or more persons and whether
styled board, commission, committee, sub-committee, or otherwise and
however elected or appointed or otherwise constituted.
(g)
Town – The word “town” shall mean the Town of Bellingham.
(h)
Town agency – The words “town agency” shall mean
any board, commission, committee, department, division or office of
the town government.
(i)
Town officer – The words “town officer” when used
without further qualification or description, shall mean a person
having charge of an office or department of the town who in the exercise
of the powers or duties of that position exercises some portion of
the sovereign power of the town.
(j)
Voters – The word “voters” shall mean registered
voters of the town of Bellingham.
7-6-1.
A copy of the rules and regulations adopted by a town agency shall
be filed in the office of the town clerk and shall become effective
immediately upon filing.
7-7-1.
Charter review. At least once in every ten (10) years, in each year
ending in a three (3), a special committee to consist of nine (9)
members shall be established for the purpose of reviewing this charter
and to make a report, with recommendations, to the town meeting concerning
any proposed amendments which said committee may determine to be necessary
or desirable. The committee shall consist of nine (9) members who
shall be chosen as follows: the board of selectmen, the school committee,
the planning board and the board of library trustees, shall each designate
one person; the finance committee shall designate two persons; and
three persons shall be appointed by the moderator. Persons appointed
by said agencies may, but need not, be members of the agency by which
they are designated. The committee shall meet to organize forthwith
following the final adjournment of the spring town meeting.
7-7-2.
By-law Review. The board of selectmen shall at five (5) year intervals,
in each year ending in four (4) or nine (9), cause to be prepared
by a special committee appointed for that purpose, a proposed revision
or recodification of all by-laws of the town which shall be presented
to the town meeting for enactment not later than at the fall town
meeting in the year following the year in which the said committee
is appointed. The said committee in its final or its interim report
shall include recommendations for such substantive change in town
by-laws as it deems necessary or advisable. The review of town by-laws
shall be in conjunction with town counsel or by special counsel retained
for that purpose. Subsequent to enactment by the town meeting, copies
of the revised by-laws shall be forwarded to the attorney general
of the commonwealth for approval, and they shall be otherwise published,
all as required by M.G.L.A. Copies of the revised by-laws shall be
made available for distribution to the public.
7-8-1.
Any appointed officer, member of a multiple member body or employee
of the town, not subject to the provisions of M.G.L.A., or covered
by the terms of a collective bargaining agreement which provides a
different method, and whether appointed for a fixed or an indefinite
term, may be suspended or removed from office, without compensation,
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 to the office.
7-8-2.
Any appointed officer, member of a multiple member body or employee
of the town may be suspended from office by the appointing authority
if such action is deemed by said appointing authority to be necessary
to protect the interests of the town. Suspension may be coterminous
with removal and shall not interfere with the rights of the officer
or employee under the removal procedure stated in article 7-8-3.
7-8-3.
The appointing authority when removing any officer, member of a multiple
member body or employee of the town shall act in accordance with the
following procedure:
(a)
A written notice of the intent to remove and a statement of the cause
or causes therefor shall be delivered in hand, or by registered mail
or certified mail, return receipt requested, to the last known address
of the person sought to be removed.
(b)
Within five (5) days following deliverance of such notice, the officer,
member of a multiple member body or employee of the town may request
a public hearing at which such person may be represented by counsel,
shall be entitled to present evidence, call witnesses and to question
any witness appearing at the hearing.
(c)
Between one (1) and ten (10) days after the public hearing is adjourned,
or if the officer, member of a multiple member body or employee of
the town fails to request a public hearing between six (6) and fifteen
(15) days after delivery of the notice of intent to remove, the appointing
authority shall take final action, either removing the officer, member
of a multiple member body or employee of the town or notifying such
that the notice is rescinded. Failure of the appointing authority
to take any action within the time periods as stated in this section
shall be deemed to be a rescission of the original notice and the
officer, member of a multiple member body or employee shall, forthwith,
be reinstated.
7-8-4.
Nothing in this section shall be construed as granting a right to
such a hearing when a person who has been appointed for a fixed term
is not reappointed when the original term expires.
7-9-1.
Member attendance at all non-elected board, committee, council and
commission meetings is mandatory, unless excused due to illness, family
emergencies, etc. If any person appointed as a member of a multiple
member body shall fail to attend the lesser of 3 meetings or 50% of
the meetings within 1 year, beginning at annual town meeting and ending
at annual town meeting the following year, the remaining members of
that body may, by majority vote, declare the office vacant; provided,
however, that not less than 10 days prior to the date said vote is
scheduled to be taken, the body has given in hand, or mailed by return
receipt requested registered mail to the last known address of such
person, the notice of such proposed or pending vacancy.
