[HISTORY: Adopted as Chapter 592, Acts of 1920. Amendments
noted where applicable.]
The annual town election shall be held on the first Saturday
in April. The annual town meeting shall be held on the fourth Monday
in April. (As amended October 20, 1976)
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
At each annual town election, the voters shall elect by official
ballot, in place of any select board member whose term is about to
expire, an equal number of select board members, each to serve for
3 years. Members of the select board shall serve until their successors
are elected and have qualified. If, unless as the result of a recall
election, any vacancy shall occur in the membership of the select
board, the remaining members shall call a special town election to
fill any such vacancy for the unexpired term, except that, if any
such vacancy occurs less than 3 months prior to the annual town election
and not less than 3 select board members remain in office, the vacancies
shall remain unfilled until such annual election. Any vacancy resulting
from a recall election shall be filled as hereinafter provided in
this act.
[Amended 6-13-1995; 6-22-2022 by Chapter 94, Acts of 2022]
Upon the election and qualification of the select board as provided
in Section 2, all the powers, rights, duties and liabilities conferred
or imposed by law upon the Water Commissioners, Board of Health and
Auditors shall be transferred to and conferred and imposed upon the
select board and the Officers of Water Commissioners, Board of Health
and Auditors of the Town of Middleborough shall be abolished. The
foresaid transfer of rights, powers, duties and liabilities shall
not affect any liability incurred, contract made, fine, special assessment,
rate, penalty, forfeiture or tax imposed before such transfer, nor
any suit or other proceeding pending; and the select board for all
purposes whatsoever, shall be the lawful successors of the boards
and officers whose powers are hereby transferred to them.
The select board shall also act as sewer commissioners and as
the rent board with all powers, rights, duties and liabilities conferred
or imposed by law upon sewer commissioners and rent boards.
The select board shall also act as surveyors of highways of
the town with all the powers and duties conferred or imposed by law
upon surveyors of highways,
The select board are hereby authorized to appoint one or more
fish wardens qualified to act as such, who shall be sworn to the faithful
discharge of their duty in enforcing the provisions of law regarding
fishing in the town.
The select board shall also appoint such officers including
Fence Viewers, Field Drivers, Surveyors of Wood and Lumber, Tree Warden
and Constables and such officers as are necessary to perform the duties
of offices hereby abolished as hereinafter provided.
At the annual town election, the voters shall elect a Municipal
Light Board, consisting of five members, two of whom shall be elected
for the term of three years, two for the term of two years and one
for the term of one year. The successors of members whose term shall
thereafter expire shall be elected to hold office for three years.
A vacancy in the Board shall be filled in accordance with the provisions
of Section Eleven of Chapter 41 of the General Laws. The Municipal
Light Board so elected shall have and exercise all the powers and
rights and be subject to all the duties and liabilities now or hereafter
conferred or imposed by law upon town Municipal Light Boards. (As amended October 26, 1981)
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FINANCE COMMITTEE
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
There shall be a Finance Committee, hereinafter and in sections
five and six called the Committee, consisting of seven persons. At
the annual town meeting in the year Nineteen Hundred and Thirty-seven,
or at a Special Town Meeting held prior thereto for the purpose, the
town shall elect by official ballot three members of the committee
until the expiration of three years, and two members until the expiration
of two years, and two members until the expiration of one year from
the date of said Annual Town Meeting, and thereafter at each annual
town meeting of the successors of members whose terms shall then expire
shall be elected to hold office for three years. Any vacancy occurring
in the Committee shall be filled by the election, at the next annual
town meeting, of a person to serve for the unexpired term and until
such election said vacancy shall be filled by majority vote of the
remaining members of the Committee and the members of the select board,
meeting in joint convention.
The members of the committee shall serve during the term for
which they are elected and until their successors are qualified. They
shall be sworn to the faithful performance of their duties, shall
serve without salary and shall not hold any other town office
or employment.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The committee shall consider and advise as to all matters relating
to proposed appropriation and the matter of raising the amounts appropriated,
and shall report in writing at each town meeting on all articles in
the warrant relating to the appropriations or borrowing of money or
the indebtedness of the town, with the exception of its action on
the annual budget.
The committee may make recommendations in writing at any time
to the town, or to the select board, relating to the financial affairs
of the town. It shall submit to the town at the Annual Town Meeting
a report showing appropriations recommended for each fund or department,
the estimated income from all sources, exclusive of taxes on property
and poll taxes, the amount required to meet charges for interest and
maturing indebtedness, and the estimated amount to be levied and raised
by taxation to meet all expenses and liabilities of the town. Said
report shall be filed with the Town Clerk on or before fifteen days
prior to the fourth Monday of April; however, if not timely filed
there will be no adverse affect to any action taken at town meeting.
For the purpose of enabling the committee to perform its duties
all Boards, Committees and Officers of town shall, on or before the
twentieth day of January of each year, submit to the committee in
writing, a detailed estimate of the appropriations required for the
efficient and proper conduct of the departments under their charge
during the ensuing fiscal year, and of all items of income to be received
by such departments during said year and shall at any time, furnish
any other information relative thereto in their possession which may
be requested in writing by the committee.
The Committee is hereby authorized to incur such expenses, as
it may deem necessary, including the cost of the employment of experts
and other assistants and the cost of printing its reports; provided,
that such expenses shall not exceed, in the aggregate, the sum of
two hundred and fifty dollars in any one year, unless a larger amount
shall be appropriated for the purpose by the committee.
Nothing herein shall be construed as limiting the power of the
town to impose additional duties on the committee, in accordance with
Section Sixteen of Chapter Thirty-nine of the General Laws.
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APPROVAL OF BILLS, PAYROLLS AND CLAIMS
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
No bill or payroll contracted by the town manager or by any
department under the supervision of the select board shall be paid
by the town treasurer until such bill or payroll shall have been approved
by the select board. The select board may designate 1 or more of its
members to make such approval but providing such authority to make
such approval shall not limit the responsibility of each member of
the board. Whenever any payroll, bill or other claim against the town
is presented to the town manager, town clerk, town treasurer and collector
of taxes or trustees of the public library, if the payroll, bill or
other claim seems to be of doubtful validity, excessive in amount
or otherwise contrary to the interests of the town, the town manager,
town clerk, town treasurer and collector of taxes or trustees of the
public library shall refer it to the committee and the committee shall
immediately investigate the fact and report its findings and recommendations
to the select board and the select board shall determine what, if
any, payment should be made. Pending such investigation and determination,
payment shall be withheld.
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SELECT BOARD MAY EMPLOY EXPERTS
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
For the purpose of making investigations relative to the conduct
of the town departments, the select board may employ such experts,
counsel and other assistants, and incur such other expenses as they
may deem necessary, and the same shall be paid by the town upon requisition
by the select board, not exceeding in the aggregate in any year the
sum of Two Hundred and Fifty Dollars or such additional sum may be
appropriated for the purpose of the town.
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SCHOOL COMMITTEE
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Nothing in this act shall be construed as effecting the election,
powers and duties of the School Committee as now provided by law,
except as hereinafter provided.
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TOWN TREASURER AND COLLECTOR OF TAXES
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[Amended 1-5-2011; 6-22-2022 by Chapter 94, Acts of 2022]
The select board shall appoint a suitable qualified person to
the office of Town Treasurer and Collector of Taxes. The existing
elective office of Town Treasurer and Collector of Taxes shall be
continued until the person appointed to the office of Town Treasurer
and Collector of Taxes shall have qualified, at which time the elective
office of Town Treasurer and Collector of Taxes shall terminate. The select
board shall appoint the person who is serving in the elective office
of Town Treasurer and Collector of Taxes as the initial appointee
as Town Treasurer and Collector of Taxes who shall receive not less
than the compensation and benefits to which the elected Town Treasurer
and Collector of Taxes was entitled unless modified by an employment
contract which may be established. The Town Treasurer and Collector
of Taxes shall have and exercise all the powers and rights and be
subject to all the duties and liabilities now or hereafter conferred
or imposed by law upon town treasurers and town collectors of taxes.
The select board by majority vote after notice and hearing may remove
the Town Treasurer and Collector of Taxes from office for cause. The select
board shall forthwith appoint a suitable qualified person to fill
any vacancy in the office of Town Treasurer and Collector of Taxes
resulting from death, resignation, retirement, removal or other cause.
The select board shall determine the compensation of the Town Treasurer
and Collector of Taxes and may establish an employment contract with
the Town Treasurer and Collector of Taxes for a period of time to
provide for salary, fringe benefits and other conditions of employment,
including but not limited to, severance pay, relocation expenses,
reimbursement for expenses incurred in the performance of duties of
office, liability insurance, vacation and leave.
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TOWN CLERK
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The select board elected as provided in section 2 shall appoint
a suitable qualified person to the office of town clerk. The existing
elective office of town clerk shall be continued until the person
appointed to the office of town clerk shall have qualified, at which
time the elective office of town clerk shall terminate. The town clerk
shall enjoy all the powers and rights and be subject to all the duties
and liabilities now and hereinafter conferred or imposed by law upon
town clerks. The town clerk shall hold office at the pleasure of the
select board and shall be sworn to the faithful performance of the
duties of the town clerk by the chair of the select board or by a
justice of the peace. In case of death, resignation or removal from
office of the town clerk, the select board shall forthwith appoint
a suitably qualified person to fill the vacancy.
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ASSESSORS
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At each annual town meeting beginning with the year Nineteen
Hundred and Thirty-seven, the town shall elect by official ballot
one Assessor for the term of three years to succeed the Assessor whose
term shall then expire. Any vacancy occurring in the office of an
Assessor shall be filled in the manner provided by General Law. The
Assessors shall have and exercise all the powers and rights and be
subject to all the duties and liabilities now or hereafter conferred
or imposed by law upon Assessors of towns. Before entering upon the
duties of their office, they shall be sworn to the faithful performance
thereof as provided by General Law.
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LIBRARY TRUSTEES
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The select board shall, in February, Nineteen Hundred and Twenty-one,
appoint nine library trustees, three of whom shall be appointed for
the term of three years, three for the term of two years and three
for the term of one year, from the first day of March in that year;
and annually thereafter, in February, the select board shall appoint
in the place of those whose terms are about to expire, an equal number,
each to serve for the term of three years from the following first
day of March. A vacancy in the Board of Trustees shall be filled by
appointment by the select board for the residue of the term. Upon
the appointment of library trustees hereunder, the term of any Library
Trustee then in office shall terminate.
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PUBLIC WELFARE DEPARTMENT
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The select board shall have and exercise all the powers and
rights and be subject to all the duties and liabilities now or hereafter
conferred or imposed by law upon boards of public welfare in towns,
and the Town Manager, under their supervision, shall administer the
welfare relief of the town either directly or through a person or
persons appointed by the town manager.
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POLICE DEPARTMENT
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
(A)
The select board shall appoint a Chief of Police and such other
police officers as they may deem necessary, and shall fix their compensation.
(B)
Full-time police officers whose appointments are subject to
chapter 31 of the General Laws may be removed in accordance with said
chapter 31, except that the tenure of office of the chief shall, after
the chief has served 5 continuous years, continue during good behavior
as long as the chief is able to perform duties of police chief and
shall not be removed except after hearing by the select board on written
charges, a copy of which shall be furnished to the chief prior to
the hearing.
(C)
The Chief of Police shall be in immediate control of all town
property used by the department, and of the police officers who shall
obey the chief's orders.
(D)
The police chief shall have all of the powers and duties required
of the position pursuant to section 97 of chapter 41 of the General
Laws. Police officers shall have all of the powers and duties required
of the position by law and shall have all the powers and duties of
constables except those of serving and executing civil process.
(E)
The select board may make suitable regulations governing the
organization of the Police Department and the officers thereof.
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CONSTABLES
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The select board shall appoint two or more Constables annually
in February, each for the term of one year from the following first
day of March, and may at any time appoint such additional Constables
as in their opinion may be necessary, who shall hold office during
the pleasure of the select board but not beyond the first day of March
following the date of their appointment.
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FIRE DEPARTMENT
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The chief of the fire department shall be appointed by the select
board and shall receive such salary as the select board may from time
to time determine, not exceeding the amount annually appropriated
therefor. The chief may be removed for cause by the select board at
any time after a hearing. The chief shall have charge of extinguishing
fires in the town and the protection of life and property in case
of fire. The chief shall purchase, subject to the approval of the
select board, and keep in repair all property and apparatus used for
and by the fire department. The chief shall have and exercise all
the powers and rights and be subject to all the duties and liabilities
conferred or imposed by law upon engineers in towns, except as herein
provided, and shall appoint a deputy chief and such officers and firefighters
as the chief deems necessary and may remove the same at any time for
cause and after a hearing. The chief shall have full and absolute
authority in the administration of the department, shall make all
rules and regulations for its operation, shall report to the select
board from time to time as it may require and shall annually report
to the town the condition of the department with the chief's recommendations
thereon. The chief shall fix the compensation of the permanent and
call members of the fire department, subject to the approval of the
select board. In the expenditure of money, the chief shall be subject
to such further limitations as the town may from time to time prescribe.
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LEGAL AFFAIRS
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(A)
The select board shall annually appoint and determine the compensation
of an Attorney at Law or law firm to act as Town Counsel.
[Amended 1-5-2011; 6-22-2022 by Chapter 94, Acts of 2022]
(B)
The select board shall have authority to prosecute, defend and
compromise all litigation to which the town is a party, and to appoint
and determine the compensation of special counsel to assist the Town
Counsel whenever in their judgement it may be necessary.
The Town Counsel shall draft all bonds, deeds, leases, obligations,
conveyances and other legal instruments, and do every professional
act which may be required of the town counsel, by vote of the town
or any Board of the town officers. Also, when so required by said
Boards or any Committee of the town, the town counsel shall furnish
a written opinion on any question that may be submitted to the town
counsel, and the town counsel shall at all times furnish legal advice
to any officer of the town who may require the town counsel's opinion
upon any subject concerning the duties of such office.
The town counsel shall prosecute all suits or other legal proceedings
ordered to be brought by the town or select board, and shall appear
before any court in the Commonwealth in defense of all actions or
suits brought against the town or its officers in their official capacity,
and shall try and argue any and all causes in which the town shall
be a party, or before any tribunal whether in law or in equity, in
the Commonwealth, or before any Board of Referees or Commission, and
shall appear at any and all hearings on behalf of the town whenever
the town counsel's services may be required.
[Amended 1-5-2011; 6-22-2022 by Chapter 94, Acts of 2022]
(C)
Whenever it shall be necessary to execute any deed, conveying
land, or any other instrument required to carry into effect any vote
of the town, the same shall be executed by the Treasurer in behalf
of the town, unless the town shall vote otherwise.
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TOWN MANAGER
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The select board, elected as provided in section 2 shall appoint,
as soon as practicable, a town manager who shall be the administrative
head of all departments of the town government, the conduct of which
is by the General Laws and by this act placed upon the select board,
except as provided otherwise in this charter. The town manager shall
be subject to the direction and supervision, and shall hold office
at the will of, the select board and shall be a person specially fitted
by education, training or experience to perform the duties of the
office. The town manager shall be appointed without regard to political
beliefs and may or may not, when appointed, be a resident of the town
or the commonwealth. The town manager shall be responsible for the
efficient administration of all departments within the scope of the
town manager's duties. Before entering upon the duties of the town
manager's office, the town manager shall be sworn to the faithful
and impartial performance thereof by the chair of the select board,
or by the town clerk, or by a justice of the peace. The town manager
shall execute a bond in favor of the town for the faithful performance
of the town manager duties in such sum and with such surety or sureties
as may be fixed or approved by the select board.
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POWERS AND DUTIES
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The powers and duties of the Town Manager shall include the
following:
(A)
To organize, continue, or discontinue such divisions or departments
from time to time as may be determined by vote of the select board
not inconsistent with the provisions of this act.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
(B)
To appoint upon merit and fitness alone and, except as otherwise
provided herein, to remove all Superintendents or Chiefs of departments
and all subordinate officers and employees in such departments, and
to fix all salaries and wages of all subordinates and employees subject
to law. The Superintendent or Chief of departments shall not be removed
by the Town Manager, except on five days notice in writing which shall
state the cause of such removal.
(C)
To exercise control of all departments or divisions made subject
to the town manager's supervision.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
(D)
To attend all regular meetings of the select board, and to recommend
to the select board for adoption such measures requiring action by
them or by the town as the town manager may deem necessary or expedient.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
(E)
To keep full and complete records of the town manager's office
and to render as often as may be required by the select board a full
report of all operations during the period reported on; and annually
or oftener if required by the select board, to make a synopsis of
all the reports for publication.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
(F)
To keep the select board fully advised as to the needs of the
town within the scope of the town manager's duties, and to furnish
the select board in writing on or before the Thirty-first day of December
of each year with a detailed list of the appropriations required during
the next ensuing fiscal year for the proper conduct of all departments
of the town under the town manager's control.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
(G)
To keep in repair all the town buildings.
(H)
To purchase all supplies and materials for all departments of
the town expect books for schools.
(I)
To administer the health regulations of the town as required
by the by-laws, or by the select board, in addition to those provided
by statute, either directly or through a person appointed by the town
manager, to be designated as the Health Officer, and under the supervision
of the select board exercising the powers of the Board of Health.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
(J)
To perform such other duties, consistent with the town manager's
office, as may be required of the town manager by the by-laws of the
town, or by vote of the select board.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
(K)
To prepare and submit an annual operating budget to the select
board. The proposed budget shall include, but not be limited to a
listing of the funds requested by all boards, committees, officers,
and departments of the town; shall be balanced and show both proposed
expenditures and anticipated revenues. The select board, after reviewing
the proposed budget and making changes it deems appropriate, shall
submit its recommended budget to the Finance Committee on or before
the twentieth day of January of each year for review and recommendation
to town meeting.
[Added 1-5-2011; amended 6-22-2022 by Chapter 94, Acts of 2022]
(L)
To prepare annually a five year financial forecast of town revenue,
expenditures and general finance condition of the town. The forecast
shall be submitted to the select board who shall make it available
to the public.
[Added 1-5-2011; amended 6-22-2022 by Chapter 94, Acts of 2022]
(M)
To be responsible on behalf of the select board for the negotiation,
administration and enforcement of collective bargaining agreements
and other employment agreements, exclusive of agreements made by the
School Committee and the Municipal Light Board. The Town Manager in
carrying out duties hereunder may engage labor counsel as the town
manager deems necessary and as approved by the select board.
Notwithstanding the foregoing, the select board shall retain
the sole authority to approve and execute all collective bargaining
agreements negotiated by the Town Manager on the Board's behalf.
[Added 1-5-2011; amended 6-22-2022 by Chapter 94, Acts of 2022]
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EXAMINATION OF
DEPARTMENTS
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The Town Manager may without notice cause the affairs of any
division or department under the town manager's control or the conduct
of any officer or employee thereof to be examined. The Town Manager
shall have access to all town books and papers for information necessary
for the proper performance of the town manager's duties.
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TOWN MANAGER MAY BE REMOVED FOR CAUSE
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The select board, by a majority vote, may remove the Town Manager
by filing a written statement with the Town Clerk setting forth in
detail the specific reasons for the town manager's removal, a copy
of which statement shall be delivered to the Town Manager. Such removal
shall not take effect until the expiration of five days after the
filing of the statement with the Town Clerk, but if it is so recited
in the statement the Town Manager shall be suspended from office forthwith.
If the Town Manager so requests within the said five day period, a
public hearing shall be given to the town manager by the select board,
and in that event the removal of the Town Manager shall not take effect
until a written decision following the hearing shall have been filed
with the Town Clerk. Such decision by a majority vote of the select
board shall be final.
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VACANCY
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
Any vacancy in the office of Town Manager shall be filled as
soon as possible by the select board. Pending the appointment of a
Town Manager or the filling of any vacancy, the select board may appoint
a person to perform temporarily the duties of the office.
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HOLDER OF AN ELECTIVE OFFICE MAY BE RECALLED, ETC.
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Any holder of an elective office may be recalled therefrom by
the registered voters of the town as herein provided.
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RECALL PETITION, PREPARATION, FILING
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
One Hundred or more qualified voters may make and file with
the Town Clerk an affidavit containing the name of the officer sought
to be recalled and a statement of the grounds for recall. The Town
Clerk shall thereupon deliver to the ten persons first named on such
affidavit a sufficient number of petition blanks demanding such recall,
copies of which printed forms the town clerk shall keep available.
Said petition blanks may be completed by printing or typewriter and
they shall contain the names of the ten persons to whom they are issued,
the name of the person sought to be recalled, the office from which
recall is sought, and the grounds for recall as stated in the affidavit.
They shall demand the election of a successor to the office and they
shall be dated, signed and sealed by the Town Clerk. Said recall petition
shall be returned to the office of the Town Clerk not later than five
o'clock in the afternoon on or before the first work day following
twenty days after the date they are issued, signed by at least eight
hundred qualified persons registered to vote in the town as of the
date such affidavit was filed with the Town Clerk. To every signature
shall be added the place of residence of the signer, giving the street
and number, if any. One of the ten persons to whom the recall petition
forms is issued shall make an affidavit on each page that statements
therein contained are true, and that each signature appended to the
petition is the genuine signature of the person whose name it purports
to be.
The Town Clerk shall, within seventy-two hours following the
day of such filing with the office of the Town Clerk, submit the recall
petition forms to the Board of Registrars of voters which shall, within
five working days after the day of receipt, certify in writing thereon
the number of signatures which are those of qualified persons registered
to vote in the town as of the date such affidavit was filed with the
Town Clerk. The Board of Registrars of voters, upon the completion
of their certification, shall return the recall petition forms to
the Town Clerk.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
If said recall petition forms shall be certified by the Board
of Registrars of voters to contain at least eight hundred qualified
persons registered to vote, and if the petition shall be found and
certified by the Town Clerk to be sufficient, the Town Clerk shall
give notice without delay, in writing, to the elected officer whose
recall is sought by sending to said officer a copy of the affidavit
and the recall petition form together with notice of the number of
qualified voters certified by the Board of Registrars of voters who
signed the recall petition forms and the total number of qualified
voters in the town as of the most recent town election.
If the officer to whom notice is directed by the Town Clerk
does not resign the office within five days following receipt of the
aforesaid notice from the Town Clerk, the Town Clerk shall give notice
in writing to the select board not later than one working day following
the expiration of the foregoing five days. The select board shall
order a special election to be held not less than sixty nor more than
ninety days after the receipt of notice from the Town Clerk as aforesaid.
If, however, any other town election is to be held within one
hundred days of receipt by the select board of notice from the Town
Clerk, the recall election shall be postponed and shall be held at
such time and in conjunction with such other election. If a vacancy
occurs in the office for any reason after a recall election has been
ordered by the select board, the recall election shall nevertheless
proceed as provided for herein.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
Any officer sought to be removed may be a candidate in the recall
election, and unless the officer requests otherwise in writing, the
Town Clerk shall place the officer's name on the ballot without nomination.
The number of signatures of qualified voters required to place the
name of a candidate on the official ballot for use at a recall election
shall not be less than fifty. The publication of the warrant for the
recall election and the conduct of the recall election shall be in
accordance with the General Laws regulating elections, unless otherwise
provided in this act.
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RECALL ELECTION
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The incumbent shall continue to perform the duties of the incumbent's
office until the recall election. If then re-elected, the incumbent
shall continue in office for the remainder of the unexpired term subject
to recall as before, except as provided in section 30. If not re-elected
in the recall election, the incumbent shall be deemed removed upon
the qualification of the incumbent's successor and the successor shall
then hold office for the remainder of the unexpired term. If the successor
fails to qualify within 5 days after receiving notification of election,
the incumbent shall thereupon be deemed removed and the office vacant.
The ballots used at the recall election shall submit the following
proposition in the order indicated;
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For the recall of (name of officer)
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Against the recall of (name of officer)
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Immediately at the right of each proposition there shall be
a square in which the voter, by making a cross mark (x) may vote for
either of such propositions. Under the propositions shall appear the
word "Candidates" and the direction for the voters required by law
and beneath the work "Candidates" shall be the names of candidates
nominated as hereinabove provided. The ballots used in a recall election
shall be substantially in the following form:
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RECALL ELECTION
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(Month and Day of Month and Year)
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FOR THE RECALL OF (Name in full)
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AGAINST THE RECALL OF (Name in full)
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CANDIDATES
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Vote for One
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(Name of Candidate)
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
No recall petition shall be filed against an officer within
six months after the officer takes office, nor in the name of an officer
subjected to a recall election and not removed thereby, until at least
six months after that election.
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PERSONS REMOVED NOT TO BE APPOINTED TO ANY TOWN OFFICE
WITHIN TWO YEARS
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[Amended 6-14-1993; 6-22-2022 by Chapter 94, Acts of 2022]
No person who has been removed from an office by recall, or
who has resigned from office while recall proceedings were pending
against such person, shall be appointed to any town office within
two years after such removal by recall or such resignation.
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SALARIES
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
The select board shall determine the compensation of all offices
appointed by them.
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CERTAIN TOWN OFFICERS NOT TO MAKE CONTRACTS WITH THE TOWN
(PENALTY)
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
It shall be unlawful for any select board member, the Town Manager,
any member of the School Committee, any Trustee of the Public Library,
or any other elective or appointive official except as otherwise provided
by law, or by this act, directly or indirectly to make a contract
with the town, or to receive any commission, discount, bonus, gift,
contribution or reward from, or any share in the profits of, any person
or corporation making or performing such a contract, unless such member,
officer or employee immediately upon learning of existence of such
contract, or that such contract is proposed, shall notify the select
board in writing of the contract and of the nature of such town manager's,
member's, trustee's or other elected or appointed officer's or employee's
interest therein and shall abstain from doing any official act on
behalf of the town in reference thereto. In case such interest exists
on the part of an officer whose duty it is to make such a contract
on behalf of the town, the contract may be made by another officer
or person of the town, duly authorized thereto by vote of the town.
A violation of any provision of this section shall render the contract
in respect to which such violation occurs voidable at the option of
the town. Any person violating any provision of this section shall
be punished by a fine of not more than one thousand dollars or by
imprisonment for not more than one year or by both such fine and imprisonment.
[Amended 6-22-2022 by Chapter 94, Acts of 2022]
This act shall be submitted to the qualified voters of the Town
of Middleborough at a special election, which shall be called by the select
board. The vote shall be taken by ballot in answer to the following
question: "Shall an act passed by the General Court in the year of
Nineteen Hundred and Twenty, entitled 'An act to establish a Town
Manager form of government for the Town of Middleborough' be accepted"
which shall be printed on the official ballot. If the act is accepted
by a majority of the qualified voters voting thereon, it shall take
effect forthwith for the purpose of the next annual town meeting which
shall be held on the third Monday of January, in the year 1921, and
for all things pertaining thereto and shall take full effect upon
the election of the select board and other town officials on the said
third Monday of January. Appointees of the officers and boards abolished
or consolidated by this act shall continue to draw compensation at
the same rate and to exercise like powers, authority and jurisdiction
as theretofore until other provision is made.
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DUTIES OF CERTAIN TOWN OFFICIALS RELATIVE TO ELECTION
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
It shall be the duty of the select board and the Town Clerk
in office and other town officials upon whom by reason of their office
a duty devolves by the provisions of this act, when this act is accepted
by the qualified voters as herein provided, to comply with all the
requirements of this act relating to elections, to the end that all
things may be done necessary for the nomination and the election of
the officers first to be elected under this act.
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BY-LAWS, RULES
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All laws, by-laws, rules and regulations in force in the Town
of Middleborough when this proposed act takes effect, not inconsistent
with its provisions, whether enacted by authority of the Town or any
other authority, shall continue in full force and effect until it
is otherwise provided by law, by-law, or vote; all other laws, by-laws,
rules and regulations, so far as they refer to the Town of Middleborough,
are hereby repealed and annulled, but such repeal shall not revive
any pre-existing enactment.
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REVOCATION OF ACCEPTANCE
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[Amended 6-22-2022 by Chapter 94, Acts of 2022]
At any time in the year Nineteen Hundred and Forty or any subsequent
year, but not less than ninety days before the date of an Annual Town
Meeting, a petition signed by not less than twenty-five percent of
the registered voters of the town may be filed with the select board,
requesting that the question of revoking the acceptance of this act
be submitted to the voters. Thereupon the select board shall call
a town meeting to be held at a date not later than forty-five days
after the filing of the petition, unless such requirement would cause
such meeting to be held between the fifteenth day of June and first
Tuesday of September, in which event such meeting shall be called
within ten days after the first Tuesday of September. At such meeting
the vote shall be taken in answer to the following question, which
shall be printed on the official ballot: "Shall the acceptance by
the Town of Middleborough of an act passed by the General Court in
the year Nineteen Hundred and Twenty, entitled 'An act to establish
a Town Manager form of government for the Town of Middleborough',
and all amendments thereto, be revoked?" If such revocation is favored
by a majority of the voters voting thereon by ballot, the next annual
town meeting shall be called by the select board in office and shall
be held in accordance with the provisions of general law relating
thereto. At such meeting, town officers shall be elected in accordance
with the provisions of general law, who shall have the powers therein
provided, and upon the qualification of the officers so elected, the
terms of the town officers existing under the provisions of this act
shall cease. Until such next annual town meeting and the election
and qualification of such officers as provided by general law, the
existing form of town government shall continue under the provisions
of this act and all powers and duties of the town officers therein
provided for shall continue. After such next annual town meeting and
the qualification of the town officers elected thereat, the provisions
of this act shall cease to apply, and thereafter all provisions of
general laws relative to town government and town officers shall apply
to the Town of Middleborough. Any special laws relative to said town,
which are appealed by this act, shall be revived when such revocation
takes effect. By-laws in force when such revocation takes effect,
so as they are consistent with the general laws respecting town government
and town officers are with said special laws, if any shall not be
effected thereby.
This act (meaning amendments) shall be submitted to the qualified
voters of the Town of Middleborough at the annual town meeting in
the year Nineteen Hundred and Thirty-six. The vote shall be taken
by ballot in answer to the following question, which shall be printed
on the official ballot: "Shall an act by the General Court in the
year nineteen Hundred and Thirty-five, entitled 'An act providing
for certain changes in the Town Manager form of government in the
Town of Middleboro' be accepted?" If this act is accepted by a majority
of the qualified voters voting thereon it shall thereupon take full
effect.
