[Amended by Town Meeting 6-3-2014, approved by voters 4-7-2015]
The Town shall conduct an election annually on the first Tuesday
of April for the purposes of electing officers and determing all matters
to be decided by the voters by ballot.
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.
(a)
Number and gender. Words importing the singular number may extend
and be applied to several persons or things; words importing the plural
number may include the singular; and words importing the masculine
gender shall include the feminine gender.
(b)
Computation of time. In computing time under the charter, if less
than seven days "days" shall not include Saturdays, Sundays or legal
holidays. If seven days, or more, every day shall be counted.
(c)
References to General Laws. All references to General Laws contained
in the charter refer to the General Laws of the Commonwealth of Massachusetts
and are intended to refer to and to include any amendments or revisions
to such chapters or sections, or to the corresponding chapters and
sections of any rearrangement, recodification, or revision of such
statutes enacted or adopted subsequent to the adoption of this charter.
(d)
Specific provision to prevail. To the extent that any specific provision
of this charter shall conflict with any provision expressed in general
terms, the specific provisions shall prevail.
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
ten 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.
Every person who is elected, including any elected by town meeting
vote, or appointed to an office of the town shall receive a certificate
of such election or appointment from the town clerk.
(a)
Charter review. At least once in every ten years, beginning in 2010,
and thereafter in each year ending in a zero, a special committee
to consist of nine 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 nine members who shall be chosen as follows: the
select board, the finance committee and the school committee shall
each designate two persons, the planning board shall designate one
person, and two 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 committee shall meet
to organize forthwith following the final adjournment of the annual
town meeting.
(b)
By-law review. The select board shall at five year intervals, in
each year ending in five, or in zero, 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 said committee is appointed. The by-law review committee
shall consist of the town clerk who shall serve by virtue of office,
two representative town meeting members appointed by the town moderator
and two persons appointed by the select board. The said 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 forty-eight
hours in advance of the time set. A copy of the said notice shall
also be posted on the town bulletin board in the manner provided by
law. 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)
Rules and journal. 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 a journal of its proceedings.
These rules and journals shall be public records, and certified copies
shall be kept available in the office of the town clerk.
(c)
Voting. Except on procedural matters the vote of each member of all
multiple member bodies 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, 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 the affirmative vote of the majority of the full multiple
member body.
(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 its appointing authority. If,
at the expiration of sixty days following the delivery of such notice
to the appointing authority said 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, 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. However, 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 five 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 one and ten 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 fifteen 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.
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 ten 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 fourteen
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. Nothing in
this section shall be construed to require that every vacancy which
shall occur must be filled.
