(a)
Elective Offices – The offices to be filled by
the ballot vote shall be the Board of Selectmen, Town Moderator, Town
Clerk, Board of Assessors, Board of Health, Planning Board, Board
of Water Commissioners, Board of Library Trustees, North Middlesex
Regional School Committee Representatives, Cemetery and Parks Commissioners,
Recreation Commissioners, Trustees of Soldiers' Memorials, Amanda
Dwight Entertainment Fund, Townsend Housing Authority and such other
regional authorities, districts, or committees as may be required
by law of the Commonwealth or interlocal agreement.
[Amended 1-16-2014 by Chapter 4 of the Acts of 2014]
(b)
Eligibility – Any voter shall be eligible to hold
any elective town office.
(c)
Town Election – The Annual Town Election shall
be held according to Town By-Law.
(d)
Compensation – Elected town officials shall receive
such compensation for their services as may be appropriated annually
for such purpose.
(e)
Coordination – Notwithstanding their election
by the voters, the town officers named in this section shall be subject
to the call of the Board of Selectmen at reasonable times for consultation,
conference and discussion on any matter relating to their respective
offices.
(f)
Filling of Vacancies.
(1)
Multiple Member Body – If there is a vacancy
in a body consisting of two or more members, other than the Board
of Selectmen and unless under the terms of a will or other trust where
some other provision is made, the remaining members shall immediately
give written notice to the Board of Selectmen and in addition to the
public by posting the vacancy and its description on the town bulletin
board for at least ten (10) days. One week's notice shall be posted
of a joint meeting between the Board of Selectmen and the remaining
members of the body to fill the vacancy. The appointment will be made
by vote and carried by a simple majority. This appointment will run
until the next town election. If notice is not given within thirty
(30) days following the date of the vacancy, after one week's posted
notice the Board of Selectmen shall fill the vacancy without participation
of the remaining members of the multiple member body.
(2)
Board of Selectmen – If there is a failure
to elect or a vacancy occurs and six (6) months or more will elapse
before the next annual town election, the remaining Selectmen shall,
forthwith, call a special election to fill the vacancy. If a vacancy
occurs and more than three (3) months but less than six (6) months
will elapse before the next annual town election the Selectmen may
call a special election, however, upon receipt by petition of two
hundred (200) or more registered voters the remaining Selectmen will
forthwith call a special election.
(a)
Composition and Term of office.
A Board of Selectmen, three members elected for three years
each, arranged so that the term of one member expires each year.
The composition of the Board may change from three (3) to five
(5) members as determined by a two-thirds vote of an Annual Town Meeting,
provided that such vote is ratified by the voters of the Town at the
next Annual Town Election. A five (5) member Board would have three
(3) year overlapping terms, so arranged that as nearly an equal number
of members as possible shall expire each year.
(b)
Powers and Duties.
The executive powers of the Town shall be vested in the Board
of Selectmen, which shall be deemed the chief executive office of
the Town. The Board of Selectmen shall have all of the executive power
possible to have and to exercise in accordance with the Constitution
and the laws of the Commonwealth and by the charter and by-laws of
the Town of Townsend. These powers shall also be extended to any trusts
granted to the Board of Selectmen. The Board of Selectmen shall be
responsible for the formulation and promulgation of policy directives
and guidelines to be followed by all town agencies serving under it
and, in conjunction with other elected multiple member bodies to develop
and promulgate policy guidelines designed to bring the operation of
all town agencies into harmony. Nothing in this section shall be construed
to authorize any member of the Board of Selectmen, nor a majority
of such members, to become involved in the day-to-day administration
of any town agency. It is the intention of this provision that the
Board of Selectmen shall act only through the adoption of broad policy
guidelines that are to be implemented by officers and employees serving
under it.
(c)
Licensing Authority
The Board of Selectmen shall be a licensing board for the town
and shall have power to issue licenses as otherwise authorized by
law, to make all necessary rules and regulations regarding the issuance
of such licenses and to attach conditions and to impose restrictions
on any such license as it may issue as it deems to be in the public
interest and to enforce all laws relating to all businesses for which
it issues any licenses.
(d)
Appointment Authority
The Board of Selectmen shall appoint a Town Administrator, Town
Accountant and an assistant, town collector Constables, the Town Counsel,
the Building Commissioner and an alternate, the Zoning Board of Appeals,
the Conservation Commission, the Historic Districts Commission, the
Personnel Board (Town By-law), the Board of Registrars (except the
Town Clerk who serves by law) and other Election Officers, a Police
Chief and the Police Department, a Keeper of the Lockup, Crossing
Guards, a Fire Chief and the Fire Department, Hazardous Waste Coordinator,
Parking Clerk, Tree Warden, the Ambulance Department, the Communication
Department, a Highway Superintendent and the Highway Department, Nashoba
Valley Technical High School Committee; Animal Inspector, Townsend
Cultural Council, Council, American Flag Committee, Abram S. French
Fund, Band Concert Committee, Computer Committee, Council on Aging,
Animal Control Officer, Assistant Animal Control Officer(s), Gas Inspector
and Alternate, Town Forest Committee, Industrial Development Committee,
Cable Television Committee, Veterans Agent, West Townsend Reading
Room Committee, Wire Inspector and alternate, Plumbing Inspector and
alternate, Land Use Coordinator, Janitor, Chief Procurement Officer,
Town Properties Committee (two (2) at large members), and other multiple
member bodies the functions of which do not involve direct operating
responsibilities, but which are, primarily policy making or advisory
in nature, or required by By-law. Unless some other provision is expressly
made by law the Board of Selectmen shall also appoint other individuals
who are to serve as representatives of the Town to the governing or
advisory bodies of area, regional, or district authorities.
[Amended 1-16-2014 by Chapter 4 of the Acts of 2014]
(e)
Investigations
The Board of Selectmen may make investigations and may authorize
the Town Administrator to investigate the affairs of the Town and
the conduct of any Town Agency including any doubtful claims against
the Town. The report of the results of such investigation shall be
placed on file in the office of the Selectmen and a report summarizing
the results of such an investigation shall be printed in the next
annual Town Report.
(a)
Composition and Term of Office
A Town Clerk elected for a three year term.
(b)
Powers and Duties
The Town Clerk shall be the keeper of vital statistics for the
Town. The Town Clerk shall be the custodian of the Town Seal, shall
administer the oath of office to all persons elected or appointed
to any Town office and shall issue such licenses and permits as are
required by law to be issued by the Town Clerk. The Town Clerk shall
supervise and manage the conduct of all elections and all other matters
relating to elections. The Town Clerk will be the clerk of Town Meeting,
keep its records and in the absence of the Moderator and the Deputy
Moderator will preside pending the election of a temporary Moderator
by Town Meeting vote. The Town Clerk shall have such other powers
and duties as given by the laws of the Commonwealth, the Charter,
By-laws and by other Town Meeting vote.
(a)
Composition and Term of Office
A Board of Assessors consisting of three members elected for
a three year term each, arranged so that one term expires each year.
(b)
Powers and Duties
The Board of Assessors shall have all the powers and duties
given to Boards of Assessors by the laws of the Commonwealth, the
Charter, By-laws or by other Town Meeting vote.
(a)
Composition and Term of Office
A Board of Health consisting of three members elected for a
three year term each, arranged so that one term expires each year.
(b)
Powers and Duties
The Board of Health shall be responsible for the formulation
and enforcement of rules and regulations concerning public health.
The Board shall have all the powers and duties given to Boards of
Health under the laws of the Commonwealth, the Charter, By-laws or
other Town Meeting vote.
(a)
Composition and Term of Office
A Planning Board consisting of five members elected for a five
year term each, arranged so that the term of one member expires each
year.
(b)
Powers and Duties
The Planning Board shall have all the powers and duties given
to Planning Boards by the laws of the Commonwealth, the Charter, by
By-law or other Town Meeting votes.
(a)
Composition and Term of Office
A Board of Water Commissioners consisting of three members elected
for a three year term each, arranged so that the term of one member
expires each year.
(b)
Powers and Duties
Defined by special agreement voted on September 16, 1933, pursuant
to Chapter 391 of the Acts of 1920.
(a)
Composition and Term of Office
A Board of Library Trustees consisting of five members elected
for three year overlapping terms, so arranged that the terms of as
nearly equal number of members as possible shall expire each year.
(b)
Powers and Duties
The Board of Library Trustees shall appoint all employees of
the library, have control over the selection of library materials,
and have custody and management of such. The Board in accordance with
the provisions of the gift or bequest shall administer all money and
property that the Town may receive for library purposes by gift or
bequest. The Library Trustees shall have all the powers and duties
given to Library Trustees by the laws of the Commonwealth, the Charter
Trust Agreements, By-law or other Town Meeting vote.
(a)
Composition and Term of Office
Three commissioners elected for a three year term each, arranged
so that the term of one member expires each year.
(b)
Powers and Duties
(1)
As Cemetery Commissioners they shall have general charge of
and superintendence of all the public burial grounds within Town and
of any lands set aside by the Town for Cemetery purposes. The Cemetery
Commissioners shall have all the powers and duties given to Cemetery
Commissioners by the laws of the Commonwealth, and any additional
powers or duties as provided by the Charter, By-law, Trust Agreements,
or other Town Meeting vote.
(2)
As Park Commissioners they shall have general charge and superintendence
of all public parks. They may improve and make rules and regulations
for Public Parks. The Parks Commissioners shall have all the powers
and duties given to Parks Commissioners by the laws of the Commonwealth,
by Charter, Trust Agreements, By-law or other Town Meeting vote.
(a)
Composition and Term of Office
A Recreation Commission consisting of five members elected for
a three year term each, arranged so that the terms of as nearly an
equal number of members shall expire each year.
(b)
Powers and Duties
The Recreation Commission shall be responsible for the development,
operation, scheduling and coordination of recreation programs for
the town. The Commission shall have all the powers and duties as may
be provided by the laws of the Commonwealth, the Charter, By-law or
other Town Meeting vote.
(a)
Composition and Term of Office
A committee consisting of four (4) positions elected for a three
(3) year term each, arranged so that the terms of as nearly an equal
number of members shall expire each year.
(b)
Powers and Duties
The Trustees of Soldiers' Memorials shall have all the powers
and duties as may be provided by the laws of the Commonwealth.
(a)
Composition and Term of Office
There shall be a Townsend Housing Authority consisting of five
members, four shall be elected for a five year term by the voters
and one shall be appointed in the manner provided by the General Law.
All members shall serve a term of five years arranged so that one
term expires each year.
(b)
Powers and Duties
The Housing Authority shall make studies of the housing needs
of the Town and shall provide programs to make available low income
housing for families and the elderly of low income. The Housing Authority
shall have all the powers and duties given to Housing Authorities
by the laws of the Commonwealth.
