The inhabitants of the Town of Dartmouth within the corporate
limits as established by law shall continue to be a body corporate
and politic with perpetual succession under the name "Town of Dartmouth".
This instrument shall be known and may be cited as the Dartmouth
Home Rule Charter.
Subject only to express limitations on the exercise of any power
or function by a municipality in the constitution or laws of the Commonwealth,
it is the intent and the purpose of the voters of Dartmouth to secure
through the adoption of this charter all of the powers it is possible
to secure for a municipal government under the constitution and laws
of the Commonwealth.
The administration of all of the fiscal, prudential and municipal
affairs of the town shall be vested in an executive branch headed
by a select board. The legislative powers of the town shall be vested
in a town meeting limited to those inhabitants who are elected to
meet, deliberate, act and vote in the exercise of the corporate powers
of the town.
The powers of the Town of Dartmouth under this charter are to be construed liberally in its favor and the specific mention of any particular power is not intended to limit in any way the general powers of the Town of Dartmouth as stated in section 1-3.
Subject to the applicable requirements of any provision of the
constitution or statutes of the Commonwealth, the Town of Dartmouth
may exercise any of its powers or perform any of its functions and
may participate in the financing thereof, jointly or in cooperation
by contract or otherwise, with any one or more states or civil divisions
or agencies thereof or the United States government or agency thereof.
Unless another meaning is clearly apparent from the manner in
which the word or phrase is used, the following words and phrases
as used in this charter shall have the following meanings:
(a)
Appointing Authority. The words "appointing authority" shall mean
the officer or multiple member body which appoints the officer, member
of a multiple member body or town employee.
(b)
Charter. The word "charter" shall mean this charter including any
amendment to it hereafter adopted.
(c)
Elected Town Officer. The words "elected town officer" shall mean a person elected to one of the offices described in section 3-1 of this charter and shall not be construed to include a person elected as a representative town meeting member, or a person elected to serve on the Dartmouth Housing Authority, or a person elected to serve on a charter commission for the town of Dartmouth.
(d)
Emergency. The word "emergency" shall mean a sudden, unexpected,
unforeseen happening, event, occurrence or condition which necessitates
immediate action or response.
(e)
Full Multiple Member Body. The words "full multiple member body"
shall mean the entire authorized complement of the select board, the,
school committee or other multiple member body notwithstanding any
vacancy that might exist.
(f)
General laws. The words "general laws" (all lower case letters) shall
mean laws enacted by the state legislature which apply alike to all
cities and towns, to all cities, or to a class of two or more towns
and or cities and towns of which Dartmouth is a member.
(g)
General Laws. The words "General Laws" (initial letter of each word
in upper case letters) shall mean the General Laws of the Commonwealth
of Massachusetts, a codification and revision of statutes enacted
on December 22, 1920, and including all amendments and additions thereto
subsequently adopted.
(h)
Local Newspaper. The words "local newspaper" shall mean a newspaper
of general circulation within Dartmouth, with either a weekly or daily
circulation.
(i)
Majority Vote. The words "majority vote" when used in connection
with a meeting of a multiple member body shall mean a majority of
those present and voting, unless another provision is made by by-law,
by law, or by its own rules.
(j)
Multiple Member Body. The words "multiple member body" shall mean
any board, commission, committee, sub-committee or other body consisting
of two or more persons whether elected, appointed or otherwise constituted,
but not including the select board or the school committee.
(k)
Quorum. The word "quorum" shall mean a majority of all members of
a multiple member body unless some other number is required by law
or by by-law.
(l)
Select Board. The words "select board" shall mean the board of persons
referred to in the General Laws of Massachusetts as the board of selectmen.
(m)
Selectperson. The word "selectperson" shall be used to describe a
person, male or female, holding the office referred to in the General
Laws as selectman.
(n)
Town. The word "town" shall mean the town of Dartmouth.
(o)
Town Agency. The words "town agency" shall mean any multiple member
body, any department, division, or office of the town of Dartmouth.
(p)
Town Bulletin Boards. The words "town bulletin boards" shall mean
the bulletin board in the town hall on which the town clerk posts
official notices of meetings and upon which other official town notices
are posted, and the bulletin boards at any other locations as may
be designated town bulletin boards by the select board.
(q)
Town Officer. The words "town officer" when used without further
qualification or description, shall mean a person having charge of
an office or department of the town who in the exercise of the powers
or duties of such position exercises some portion of the sovereign
power of the town.
(r)
Voters. The word "voters" shall mean registered voters of the town
of Dartmouth.
