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 by-law. The order in which names of
candidates appear on the official ballot at any town election shall
be determined by a drawing by lot conducted by the town clerk. Each
candidate shall be given the opportunity to be present, in person,
or to be represented by a designee at the drawing. Each candidate
for re-election shall have printed on the official ballot, in addition
to such candidates name and address, the words "candidate for re-election".
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 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 days following the date it has been so filed in the office of the
town clerk. Attested copies shall also be kept available in the public
library of the town of Lunenburg.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(a)
Charter Review - At least once in every 10 years a special committee
to consist of 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 9 members who shall be chosen as follows: the select board, the
finance committee and the school committee shall each designate 2
persons, the planning board shall designate 1 person, and 2 persons
shall be appointed by the town moderator. Persons appointed by the
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 annual town meeting.
(b)
By-Law Review - The select board shall at 5 year intervals, in each
year ending in 5, or in 0, 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 reenactment at the annual town meeting in the year following the
year in which the committee is appointed. The by-law review committee
shall consist of the town clerk who shall serve by virtue of office,
2 persons appointed by the town moderator and 2 persons appointed
by the select board. The committee in its final, or in an 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 the 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 General Laws. Copies
of the revised by-laws shall be made available for distribution to
the public at a charge not to exceed the actual cost, per copy, 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
one-third of the members thereof by suitable notice delivered to the
residence or place of business of each member at least 48 hours in
advance of the time set. A copy of the notice shall also be posted
on the town bulletin board in the manner provided by law. Special
meetings of any multiple member body shall also be called within 1
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 - Except in an emergency, not less than 48 hours, not including
Saturdays, Sundays and legal holidays, before any meeting of a multiple
member body is to be held, an agenda containing all items which are
scheduled to come before the multiple member body at the meeting shall
be posted on the town bulletin board. 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 an emergency exists and 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 in accordance with the General
Laws.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(c)
Rules and Minutes - Each multiple member body shall determine its
own rules and order of business unless otherwise provided by this
charter, by-laws or by General Law and shall provide for keeping minutes
of its proceedings. These rules and minutes shall be public records
and copies shall be kept available in the office of the town clerk.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(d)
Voting - 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 minutes; provided, however, that if the vote
is unanimous only that fact need be recorded.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(e)
Quorum - A simple majority of the entire authorized complement of
the multiple member body shall constitute a quorum, but a smaller
number may adjourn from time to time and may compel the attendance
of absent members in the manner and subject to the penalties prescribed
by the rules of the multiple member body. No other action of the multiple
member body shall be valid or binding unless ratified by the affirmative
vote of the majority of the full multiple member body.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(f)
Filling of Vacancies - Whenever a vacancy shall occur in the membership
of an appointed multiple member body, the remaining members shall
immediately and not later than 30 days thereafter, give written notice
of such vacancy to its appointing authority. If no notice is given,
the vacancy shall be deemed to have occurred 30 days after it actually
occurs or after it becomes known to the appointing authority, whichever
is later. If, at the expiration of 60 days following the delivery
of such notice to the appointing authority, and there is a candidate
available, the appointing authority has not appointed some person
to fill the vacancy, the remaining members of the multiple member
body shall fill the vacancy for the remainder of any unexpired term
by majority vote of the remaining members.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(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 1
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, for good cause, be suspended
or removed from office, without compensation, by the officer or multiple
member body which appoints such officers, members of multiple member
bodies, or employees. 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 officer or multiple member body which appoints
such officers, members of multiple member bodies, or employees, if
such action is deemed by said appointing authority to be necessary
to protect the interests of the town; provided, however, that no suspension
shall be for more than 15 days. Suspension may be conterminous 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.
(b)
Within 5 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.
(c)
Between 1 and 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 6 and 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 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 a fixed term expires.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
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 by a town employee, other than those
on multiple-member bodies, the appointing authority shall forthwith
cause public notice of such vacancy to be posted on the town bulletin
board for not less than 10 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.
[Added 8-20-2020 by Ch. 167, Acts of 2020]
It shall be the duty of the town manager to see that the charter
and town general by-laws are faithfully followed and complied with
by all town agencies and town employees. Whenever it appears to the
town manager that any town agency or town employee is failing to follow
any provision of this charter or town general by-laws the town manager
shall, in writing cause notice to be given to such agency or employee
directing compliance with the charter or the by-laws. If it shall
appear to the select board that the town manager personally is not
following a provision of the charter or town general by-laws it shall,
by resolution, direct the attention of the town manager to the area
in which the board believes there is a failure to comply with a charter
or by-law provision. The procedures made available in chapter 231A
of the General Laws may be used to determine the rights, duties, status,
or other legal relations arising under this charter or town general
by-laws, including any question of construction or validity which
may be involved in such determination.
