[Added ATE 5-21-2013]
A.
Any person who has reason to believe that a Town official or governmental
body has violated any provision of this Charter by action or failure
to act may file a written complaint with the Town Clerk, setting forth
the circumstances which constitute the alleged violation.
(1)
The written complaint shall identify the official or governmental
body, specify the date and time of the alleged violation and cite
the section of the Charter allegedly violated.
(2)
The written complaint shall be filed within six (6) months of the
alleged violation. Upon receiving the written complaint, the Town
Clerk shall forward a copy thereof to the official or the chairperson
of the governmental body with a further copy to the Town Manager and
the Select Board.
[Amended ATE 5-19-2020, Question 3]
B.
The official or chairperson of the governmental body shall file a
reply with the Town Clerk.
(1)
It shall either acknowledge the alleged violation with proposed remedial
action if appropriate and feasible, or deny the alleged violation
with a statement of reasons therefore.
(2)
The reply shall be so filed by an official within 30 days of receipt
of a copy of the complaint. In the case of a governmental body, its
chairperson shall file a reply within thirty (30) days of the receipt
of the copy of the complaint or within ten (10) days after the second
regularly scheduled meeting of the governmental body following receipt
of the copy of the complaint, whichever is greater.
(3)
The Town Clerk shall forward a copy of the reply to the complainant
with a copy of the reply to the Town Manager and the Select Board.
[Amended ATE 5-19-2020, Question 3]
C.
A complainant who is aggrieved by the reply may pursue any remedy
available at law or in equity.
Except as specifically provided in this Charter, all General
Laws, special laws, Town bylaws, votes, rules and regulations of or
pertaining to the Town that are not inconsistent with the provisions
of this Charter shall continue in full force and effect until amended
or rescinded by the course of law or expire by their own limitation.
[Amended ATE 5-19-2020, Question 3]
Except as specifically provided in this Charter, all governmental
bodies of the Town shall remain in existence and their incumbents
shall continue to perform their duties until not reappointed, reelected
or until successors to their respective positions are duly appointed
or elected or their duties have been transferred.
Any person serving in the employment of the Town shall retain
such position and shall continue to perform the duties unless provisions
shall have been made in accordance with this Charter of the performance
of the said duties by another person or agency.
A.
If a power or duty is reassigned in the course of conduct of Town
affairs, the records, property and equipment necessary to fulfill
said power or duty shall likewise be reassigned to the newly responsible
office or agency.
B.
Said transfer shall be carried out under the direction of the Town
Manager.
[Amended ATE 5-15-2007, Question 12]
The terms of office of the incumbent members of the Board of Assessors shall continue to their normal expiration. As the term of an incumbent expires, the position shall be filled by appointment for a term of three (3) years, in accordance with § C7-5.
The terms of office of the incumbent members of the Board of Health shall continue to their normal expiration. As the term of an incumbent expires, the position shall be filled by appointment for a term of three (3) years, in accordance with § C7-7.
The terms of office of the incumbent members of the Recreation Committee and the Beach Committee shall all continue to their normal expiration. As the term of each incumbent expires, the position shall be filled by appointment, as provided in Article VII of this Charter.
[Amended ATE 5-21-2013; ATE 5-19-2020, Question
3; ATE 5-19-2020, Question 12]
The Select Board shall ensure that the Town bylaws are reviewed
periodically, in whole or in part, and prepare any appropriate or
necessary revisions or amendments.
This Charter may be revised or amended in accordance with the
procedures made available by Articles 89 and 113 of the amendments
to the Constitution of the Commonwealth, commonly known as the "Home
Rule Amendment," and MGL c. 43B, commonly known as the "Home Rule
Procedures Act."
[Amended ATE 5-19-2020, Question 3]
The Board of Public Works in existence on the day this Charter
becomes fully effective shall be abolished. The powers and duties
of said Board shall be vested in the Select Board.
[Amended ATE 5-19-2020, Question 3]
A.
At least every seven (7) years, the Select Board shall appoint a
Charter Review Committee for the purpose of recommending changes to
the Charter, based upon active solicitation of suggestions from the
public and Town officials.
