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3-1-1. Elected offices. The offices to be filled by ballot of
the voters of the entire Town shall be a Board of Selectmen, Moderator,
Town Clerk, School Committee, Board of Assessors, Board of Health,
Board of Library Trustees, Board of Sewer Commissioners, Board of
Water Commissioners, Housing Authority, and Planning Board and such
members of regional authorities or districts as may be established
by statute, interlocal agreement or otherwise.
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Any voter shall be eligible to hold any elective town office,
but no elected Town official shall simultaneously hold any other elected
Town office.
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Notwithstanding their election by the voters, the Town officers
named in this section shall be subject to the call of the Board of
Selectmen or of the Town Manager, at all reasonable times, for consultation,
conference and discussion on any matter relating to their respective
offices.
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Such elected officials may be subject to recall as set forth in Section 3-13 of this Charter.
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3-1-2. Annual Town Election.
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The regular annual election of Town officers shall be held on such date as may from time to time be fixed in the by-laws of the Town, and shall be acted upon and determined by the voters on official ballots without party or other designation. [Bylaws, Chapter 152]
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3-1-3. Nomination of Candidates.
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The number of signatures of voters required to place the name
of a candidate for any office on the official ballot for use at any
Town election shall be fifty (50), unless a greater number is required
by state law.
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There shall be a Board of Selectmen consisting of five (5) members
elected for terms of three years each, so arranged that the term of
office of as nearly an equal number of members as is possible shall
expire each year. Vacancies in the office of Selectmen, other than
those occurring in the three months immediately preceding the Annual
Town Election, shall be filled by a special election in accordance
with the provisions of Massachusetts General Laws.
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The executive powers of the Town shall be vested in the Board
of Selectmen which shall be deemed to be the chief executive office
of the Town. The Board of Selectmen shall have all of the executive
powers it is possible for a Board of Selectmen to have and to exercise.
The Board of Selectmen shall serve as the chief policy making agency
of the Town. 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 Town officers and multiple member bodies to develop and promulgate
policy guidelines designed to bring the operation of all Town agencies
into harmony. Provided however, 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, which are to be implemented by officers and employees
serving under it.
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The Board of Selectmen:
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(a)
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shall cause the charter, by-laws, and rules and regulations
for the government of the Town to be enforced and shall cause an up-to-date
record of all its official acts to be kept.
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(b)
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shall appoint a Town Manager as provided for in Article IV of this charter and shall appoint a Town Counsel.
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(c)
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shall appoint those multiple member bodies authorized by law, and those authorized by the provisions of Section 7-10 of this Charter;
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(d)
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may investigate the affairs of the Town and the conduct of any
Town agency including any doubtful claims against the Town, and for
this purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. The report of the results
of such investigation shall be placed on file in the office of the
Town Manager, and a report summarizing the results of such investigation
shall be printed in the next annual Town report;
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(e)
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shall be the licensing board of the Town and shall have the
power to issue licenses, to make all necessary rules and regulations
regarding the issuance of such licenses, and to attach such conditions
and restrictions thereto as it deems to be in the public interest.
The Board of Selectmen shall enforce the laws relating to all businesses
for which it issues such licenses. The Board of Selectmen may delegate
such licensing authority unless specifically prohibited by the laws
of the Commonwealth of Massachusetts.
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There shall be a Moderator elected for a term of three (3) years.
The Moderator shall preside and regulate the procedure at all sessions
of the Town Meeting, and shall have all of the powers and duties to
which are given moderators under the constitution and laws of the
Commonwealth of Massachusetts, and such additional powers and duties
as may be authorized by the Charter, by by-law or by other vote of
the Town Meeting.
There shall be a Town Clerk elected for a term of three (3)
years. The Town Clerk shall be the keeper of vital statistics of the
town and the custodian of the Town Seal and all public records, shall
administer the oaths of office to all Town officers who apply to him/her
therefore, be the clerk of the Town Meeting and perform such duties
with regard to elections and other matters as may be provided by law.
The Town Clerk shall have all of the powers and duties which are given
to town clerks under the constitution and laws of the Commonwealth
of Massachusetts, and such additional powers and duties as may be
authorized by the Charter, by bylaw or by other vote of the Town Meeting.
There shall be a School Committee consisting of five (5) members
elected for terms of three (3) years each, so arranged that the term
of office of as nearly an equal number of members as is possible shall
expire each year. The School Committee shall have general charge and
superintendence of the public schools and for this purpose shall have
all of the powers and duties which are given to school committees
under the constitution and laws of the Commonwealth of Massachusetts,
and such additional powers and duties as may be authorized by the
Charter, by bylaw or by other vote of the Town Meeting.
There shall be a Board of Assessors which shall consist of three
(3) members elected for terms of three (3) years each, so arranged
that one term shall expire each year. The Board of Assessors shall
annually make a fair cash valuation of all property, both real and
personal, within the Town, and it shall have all of the powers and
duties which are given to boards of assessors under the constitution
and laws of the Commonwealth of Massachusetts, and such additional
powers and duties as may be authorized by the Charter, by bylaw or
by other vote of the Town Meeting.
There shall be a Board of Health which shall consist of five
(5) members elected for terms of three (3) years each, so arranged
that the term of office of as nearly an equal number of members as
is possible shall expire each year. The Board of Health shall be responsible
for the formulation and enforcement of rules and regulations affecting
the environment and the public health, and shall have all of the powers
and duties which are given to boards of health under the constitution
and laws of the Commonwealth of Massachusetts, and such additional
powers and duties as may be authorized by the Charter, by bylaw or
by other vote of the Town Meeting.
There shall be a Board of Library Trustees which shall consist
of nine (9) members elected for terms of three (3) years each, so
arranged that the term of office as nearly an equal number of members
as is possible shall expire each year. The Board of Library Trustees
shall have general charge of the care and management of the Town library,
and of all property of the Town relating thereto, in consultation
with the Town Manager. The Board of Library Trustees shall have all
of the powers and duties which are given to library trustees under
M.G.L. c.78 and any other relevant provision of the constitution and
laws of the Commonwealth of Massachusetts and shall have such additional
powers and duties as may be authorized by the Charter, by bylaw or
by other vote of the Town Meeting. The Board of Library Trustees shall
appoint the Library Director in consultation with the Town Manager,
who shall act in the capacity of the principal personnel officer of
the Town, as defined in Section 4 of this Charter.
There shall be a Board of Sewer Commissioners consisting of
five (5) members elected for terms of three (3) years each, so arranged
that the term of office of as nearly an equal number of members as
is possible shall expire each year. The Board of Sewer Commissioners
shall have general charge of the care and management of the municipal
sewer system, and of all property of the town relating thereto. The
Board of Sewer Commissioners shall have all of the powers and duties
which are given to boards of sewer commissioners under the constitution
and laws of the Commonwealth of Massachusetts, and such additional
powers and duties as may be authorized by the charter, by by-law or
by other vote of the town meeting.
There shall be a Board of Water Commissioners consisting of
three (3) members elected for terms of three (3) years each, so arranged
that one term shall expire each year. The Board of Water Commissioners
shall have general charge of the care and management of the municipal
water system, and of all property of the Town relating thereto. The
Board of Water Commissioners shall have all of the powers and duties
which are given to boards of water commissioners under the constitution
and laws of the Commonwealth of Massachusetts, and such additional
powers and duties as may be authorized by the Charter, by bylaw or
by other vote of the Town Meeting.
There shall be a Housing Authority consisting of five (5) members
whose composition shall be subject to the provisions of M.G.L. c.121B,
§3. The Housing Authority shall have all of the powers and duties
which are given to housing authorities under the constitution and
laws of the Commonwealth of Massachusetts.
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There shall be a Planning Board consisting of five (5) members
elected for terms of five (5) years each, so arranged that the term
of office of as nearly an equal number of members as is possible shall
expire each year. The Planning Board shall make studies and prepare
plans concerning the resources, possibilities and needs of the Town.
It shall prepare and may from time to time amend and perfect a comprehensive
plan which shall set forth in graphic and textual form information
concerning the present development of the Town and parts thereof.
Such comprehensive plan shall include recommendations of the Planning
Board concerning the future development (including physical, economic,
and environmental aspects) of the entire Town and parts thereof.
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The Planning Board shall annually report to the Town giving
information regarding the condition of the Town and any plans or proposals
known to it affecting the resources, possibilities and needs of the
Town, and shall specify amendments that the Planning Board has made
during the past year in the comprehensive plan.
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The Planning Board shall have all of the other powers and duties
which are given to planning boards under the constitution and laws
of the Commonwealth of Massachusetts, and shall have such additional
powers and duties as may be authorized by the Charter, by bylaw or
by other vote of the Town Meeting.
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3-13-1. Who can be Recalled.
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Any holder of a Town elective office listed in Section 3-1 may be recalled therefrom by the voters as herein provided.
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3-13-2. Recall Affidavit and Petition.
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Any twenty-five (25) registered voters of the Town may file
with the Town Clerk an affidavit signed under oath or sworn to before
a notary public bearing the name of the officer sought to be recalled
and a statement of the grounds for the recall. Within three days following
such filing the registrars of voters and/or Town Clerk shall determine
whether such filing is sufficient and valid.
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If said filing is determined to be sufficient, the Town Clerk
shall thereupon make available in the office of the Town Clerk to
the first voter who signed the affidavit (the "lead petitioner") copies
of petition blanks demanding such recall with the Clerk's signature
and official seal attached thereto, and a copy of said petition shall
be considered a permanent record of the Town. They shall be dated,
addressed to the Board of Selectmen and contain the names of the first
ten signers of the affidavit, the name of the person whose recall
is sought, the grounds for recall as stated in the affidavit, and
demand the election of a successor in the said office. The recall
petition shall be returned and filed with the Town Clerk no later
than 5:00 p.m. on the twentieth (20th) day after the petitions are
made available. The petition shall have been signed by at least twenty
percent (20%) of the registered voters of the Town, determined as
of the date the affidavit was filed, and the signatories to such petition
shall add their number and street, if any, of their residences, to
their signatures.
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The Town Clerk shall submit the recall petition to the Registrars
of Voters in the Town by the end of the next business day following
the deadline for filing, and the Registrars shall forthwith, but in
no event more than seven (7) days after receipt, certify thereon the
number of signatures which are names of registered voters of the Town.
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3-13-3. Selectmen's Action on Receiving Petition.
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If the petition shall be found and certified by the Registrars
of Voters to be sufficient they shall submit the same with their certificate
to the Board of Selectmen without delay. The Board of Selectmen shall
forthwith meet at a properly posted meeting in accordance with the
Open Meeting Law and give written notice of the receipt of the certificate
to the officer sought to be recalled. If the officer does not resign
within seven (7) days thereafter, the Board of Selectmen shall order
an election to be held on a dated fixed by it, in accordance with
the minimum requirements of the election laws of the Commonwealth
of Massachusetts, provided however, that the recall election must
be held no later than fourteen (14) days after adherence to the minimum
statutory requirements; provided, however, that if another municipal
election is scheduled to occur within one-hundred (100) days of the
date the Board votes to schedule the election, the question of recall
may be presented to the voters on the same date and on the same ballot,
at the discretion of the board. If a vacancy occurs in said office
after a recall election has been ordered, the election shall nevertheless
proceed as provided in this section.
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3-13-4. Nomination of Candidates.
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The officer whose recall is sought may be a candidate in the
recall election, and unless such officer requests otherwise in writing,
the Town Clerk shall place the name of the officer on the ballot without
nomination. The nomination of other candidates, the publication of
the warrant for the recall election, and the conduct of the same,
shall all be in accordance with the provisions of the law relating
to elections, unless otherwise provided in this section.
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3-13-5. Incumbent Holds Office Until Election.
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The officer whose recall is sought shall continue to perform
the duties of his office until the recall election. If not then recalled,
such person shall continue in office for the remainder of the unexpired
term, subject to recall as before, except as provided for in Section
3-13-7. If recalled, such person shall be deemed removed immediately.
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3-13-6. Propositions on Ballot.
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Ballots used in a recall election shall submit the following
propositions in the order indicated:
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For the recall of (name of officer, office)
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Against the recall of (name of officer, office)
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Immediately at the right of each proposition there shall be
a space in which the voter, by making a mark, may vote for either
of said propositions. Under the propositions shall appear the word
"Candidates," the directions to voters required by section 42 of chapter
54 of the General Laws, and beneath this the names of candidates nominated
as herein before provided. If a majority of the votes cast upon the
question of recall is in the affirmative, the
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candidate receiving the highest number of votes shall be declared elected, and shall upon qualification serve the balance of the unexpired term. If the successor shall fail to qualify within ten (10) days after receiving notification of election, the office shall be deemed vacant and shall be filled in the manner provided for in Article III, Section 3-14. If a majority of the votes cast upon the question of recall is in the negative, the officer whose recall was sought shall not be recalled and the ballots for candidates shall not be counted and shall have no legal effect.
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3-13-7. Timing of Recall Petition.
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No recall petition shall be filed against an officer within
three (3) months after the officer takes office nor less than six
(6) months prior to the end of the officer's elected term. In
the case of an officer subjected to a recall election and not recalled
thereby, no recall petition may again be filed until at least three
(3) months after the election at which the question of recall was
submitted to the voters of the Town.
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3-13-8. Appointment of Person Recalled.
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A person who has been recalled from an office, or who has resigned
from office at any time after a valid recall affidavit has been certified,
shall not be appointed to any Town office within two (2) years after
such recall or resignation.
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If there exists a vacancy in the office of Town Clerk or Town Moderator the Selectmen shall provide for notice of such vacancy as provided for in Article VII, Section 7-11 by posting the vacancy on the Town Bulletin Board. Any person who desires to be considered to fill such vacancy may, within ten (10) days following the date the notice is posted file with the Board of Selectmen a statement which sets forth in clear and specific terms the qualifications which he/she holds for the position. The Board of Selectmen shall fill such vacancy no earlier than fourteen (14) days and no later than thirty (30) days after the notice was posted. The person appointed to fill such vacancy shall be the person who receives a majority of the votes cast at such meeting. The person appointed to fill such vacancy shall hold office until the next regularly scheduled Annual Town Election at which time the vacant position shall be included on the ballot as provided for in Article III, Section 3-1.
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If there exists a vacancy in an elected multiple member body, other than the Board of Selectmen the remaining members shall forthwith give notice of the existence of any such vacancy to the Board of Selectmen. The Board of Selectmen shall then provide for notice of such vacancy as provided for in Article VII, Section 7-11 by posting the vacancy on the Town Bulletin Board. Any person who desires to be considered to fill such vacancy may, within ten (10) days following the date the notice is posted file with the Board of Selectmen and the board or committee which has experienced the vacancy a statement which sets forth in clear and specific terms the qualifications which he/she holds for the position. Not earlier than fourteen (14) days nor later than thirty days after said notice is posted, the Board of Selectmen and the remaining members of the board or committee which has experienced the vacancy shall fill such vacancy at a joint meeting of the Board of Selectmen and such board
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or committee. The filling of such vacancy shall be by a joint vote of those members of the Board of Selectmen and those members of such board or committee who are in attendance, provided that a quorum of the Board of Selectmen is present. The person appointed to fill such vacancy shall be the person who receives a majority of the votes cast at such meeting. The person appointed to fill such vacancy shall hold office until the next regularly scheduled Annual Town Election at which time the vacant position shall be included on the ballot as provided for in Article III, Section 3-1.
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An elected official who is no longer a resident of the Town
shall be deemed to have vacated the office to which the official was
elected. When doubt exists as to the residency of an elected official,
the Board of Registrars of Voters of the Town shall decide the issue
of residency in accordance with law.
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