The articles in the warrant for any Town Meeting insofar as
they relate to the election of Town officers, or to the determination
by the voters of any question to be submitted for such decision by
written ballots, shall be acted upon and determined by the voters
in their respective precincts.
The regular Town election shall be taken on official ballots
without party or political designation of any kind on the date fixed
by bylaw.
This Charter may be replaced, revised or amended in accordance
with any procedures made available under the State Constitution and
any statutes enacted to implement the said constitutional provisions.
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.
To the extent that any specific provision of this Charter shall
conflict with any provision expressed in general terms, the specific
provisions shall prevail.
Words importing the singular number may extend and be applied
to several persons or things; words importing the plural number may
include the singular; words importing the feminine gender shall include
the masculine gender; words importing the masculine gender shall include
the feminine gender.
A copy of all rules and regulations adopted by any Town agency
shall be filed in the Office of the Town Clerk before any such rule
or regulation shall become effective, and copies shall be made available
for review by any person who requests such information. No rule or
regulation adopted by any Town agency shall become effective until
10 business days following the date it has been so filed in the Office
of the Town Clerk.
[Amended 10-21-2019 FTM by Art. 3]
(a)
Charter review. In each year ending in a zero (0), a special committee
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 voters who shall
be chosen as follows: the Select Board, the School Committee, the
Planning Board and the Board of Assessors, shall each designate one
person, the Finance Committee shall designate two persons and three
persons shall be appointed by the Town Moderator. Persons appointed
by the said agencies may, but need not, be members of the agency by
which they are designated. The persons appointed by the Town Moderator
shall be voters not otherwise involved in Town government as a member
of any appointed or elected Town agency. The committee shall meet
to organize within 30 days of the call of the Select Board to establish
the committee, notwithstanding the failure of any agency to make its
designated appointment.
(b)
Bylaw review. In each year ending in five (5), the Select Board shall
appoint a special committee, consisting of five voters, for the purpose
of drafting proposals for the revision or recodification of all bylaws
of the Town. In addition, the Town Clerk shall serve as an ex officio
nonvoting member of the committee. The committee shall present its
proposals to the Select Board, which shall include the same on the
warrant for the Fall Annual Town Meeting occurring no later than the
year following the one in which the committee was formed. The committee
shall have its proposals reviewed by Town Counsel or by special counsel
retained for this purpose. Copies of the revised bylaws shall be made
available for distribution to the public at a charge not to exceed
the actual per-copy cost of reproduction.
(a)
Meetings. All multiple-member bodies shall meet regularly at such
times and places within the Town as they may by their own rules prescribe.
Except in cases of emergency, special meetings of any multiple-member
body shall be held on the call of the respective chairperson or by
1/3 of the members thereof, and notice of such meetings shall be posted
on the Town bulletin boards in accordance with the Open Meeting Law,
MGL c. 30A, §§ 18 through 25, as it may be amended
from time to time. Notice shall also be delivered forthwith to the
members of such multiple-member body. Special meetings of any multiple-member
body shall also be called within one week after the date of the filing
with the Town Clerk of a petition signed by at least 50 voters and
which states the purpose or purposes for which the meeting is to be
called. Except as authorized by law, all meetings of all multiple-member
bodies shall be open and public. All meetings shall be held in places
to which members of the public have a convenient right of access.
(b)
Agendas. In compliance with the Open Meeting Law, MGL c. 30A,
§§ 18 through 25, the notice for any meeting shall
include all items which the chair reasonably anticipates will be discussed
at the meeting. No action taken on a matter not included in the posted
agenda shall be effective unless the multiple-member body first adopts,
by a separate vote, a resolution declaring that the particular matter
must be acted upon at that meeting for the immediate preservation
of the peace, health, safety or convenience of the Town.
(c)
Rules and minutes of meetings. Each multiple-member body shall determine
its own rules and order of business unless otherwise provided by this
Charter or by law and shall provide for keeping minutes of its proceedings.
These rules and minutes shall be public records, and certified copies
shall be kept available in the Office of the Town Clerk. For the convenience
of the public, copies of these records shall also be kept at the main
branch of the Norton Public Library; provided, however, such copies
are not to be construed in any way as being the official records.
(d)
Voting. The vote of each member shall be recorded in the minutes;
provided, however, that if the vote is unanimous only that fact need
be recorded. Except on procedural matters, all votes of all multiple-member
bodies shall be taken by a call of the roll and the vote of each member
shall be recorded in the journal; provided, however, that if the vote
is unanimous only that fact need be recorded.
(e)
Quorum. A majority of the members of the multiple-member body then in office shall constitute a quorum. Less than a quorum of a multiple-member body may adjourn from time to time or may meet for the sole purpose of acting under Section 7-11.
(f)
Filling of vacancies. Whenever a vacancy shall occur in the membership
of an appointed multiple-member body, the remaining members shall
forthwith give written notice of such vacancy to the appointing authority.
If, at the expiration of 30 days following the delivery of such notice
to the appointing authority said appointing authority has not appointed
some person to fill the vacancy, the remaining members of the multiple-member
body shall fill such vacancy for the remainder of any unexpired term
by majority vote of the remaining members.
(g)
Composition of multiple-member bodies. All multiple-member bodies
when established shall be composed of an odd number of members. Whenever
the terms of office of a multiple-member body are for more than one
year, such terms of office shall be so arranged that as nearly an
equal number of terms as is possible will expire each year.
Any appointed Town officer, member of a multiple-member body
or employee of the Town, not subject to the provisions of the state
civil service law, 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 the office.
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. However, no suspension shall
be for more than 15 days. Suspension may be coterminous with removal
and shall not interfere with the rights of the officer or employee
under the removal procedure given below.
The appointing authority when removing any such 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 certified mail,
return receipt requested, to the last known address of the person
sought to be removed.
Within five business days following delivery 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.
(b)
Between one and 10 business 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 and 15 business
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
person 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.
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.
Whenever a vacancy occurs in any Town office, position or employment,
or whenever by reason of a pending retirement or expiration of a fixed
term a vacancy can be anticipated, the appointing authority shall
forthwith cause public notice of such vacancy to be posted on the
Town bulletin board for not less than 10 business days. Such notice
shall contain a description of the duties of the office, position
or employment and a listing of the necessary or desirable qualifications
to fill the office, position or employment. No permanent appointment
to fill such office, position or employment shall be effective until
14 days following the date such notice was posted to permit reasonable
consideration of all applicants. This section shall not apply to positions
covered by the civil service law and rules or if in conflict with
the provisions of any collective bargaining agreement.
If any person appointed to serve as a member of a multiple-member
body shall fail to attend three or more consecutive meetings, or 1/2
or more of all of the meetings of such body held in one fiscal year,
the remaining members may, by a majority vote of the remaining members
of such body, declare the office to be vacant; provided, however,
that not less than 10 business days prior to the date said vote is
scheduled to be taken the body has given in hand, or mailed, by registered
or certified mail, return receipt requested, notice of such proposed
or pending vote to the last known address of such person.
