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HomeMy WebLinkAboutTOWN CHARTER PERMANENTTown of North Andover Charter T~ ED I D FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION TABLE OFCONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE ..... ' ......................................................... CHAPTER I TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS ............................................ CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER 7 APPOINTED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............................................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER 10 PLANNING AND THE ENVIRONMENT ....................... CHAPTER 11 TRANSITIONAL PROVISIONS .............................. AFTERWORD ............................................................ iv ¥ 1 2 3 5 10 11 12 14 16 19 20 23 iii BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charter recommended by the mission, summarized below?" BALLOT SUMMARY If approved by the voters, the Charter will become fully effective on following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING, a five-person elect, Charter Com- IYes I No he first day of October BOARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personne administration and in appointments, which are subject to the approval or disapproval of the Select nen. Other elected town officers and boards will be a moderator, a regional ;chool committee repre- sentative, a housing authority, and a school committee. / The Charter proposes an administrative structure of three divisions: FIN1NCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work, and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion of each charter commission meeting to public input, and by conducting several public hear- ings. The last public hearing was well attended and produced a number of valuable suggestions. As a result of that hearing, the Charter Commission made a number of changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Main Features Enumerated The main features are: To retain the Open Town Meeting. This decision was prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. The Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. The Charter anticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief, fire chief, town accoun- tant) and investigation. A Town Manager. The Charter empowers the Board of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions. The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by coordinating the work, in a planned and systematic way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Selectmen, the Town Manager and the Advisory Board. Henceforth the Advisory Board will devote its total energies to the development of good advice for the town meeting, relating to both the operating and capital budgets. Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with lhe environment is pro- vide. d, by establishing a division of planning and community development. L A shorter ballot. The Charter proposes that a number of traditional towp offices should remain elective. This means that the Board of Selectmen, the School Committee, ~hc Housing Authority, the Moderator, and the Regional Technical High School Representative will Icontinue to be elected. However, those positions which should be subordinate to the executive I~ranch have been made appointive. The Manager will make the appointments, usually with the al; )royal of the Board of Selectmen. To protect existing elected officials. The Charter provides that all electe officials should serve out their terms. Provisions have been included to protect those who have rved the town well in recent years. Although no one is promised a promotion, everyone's job is pn tected. Conclusion c The Charter Commission's deliberations have been guided by four overar, hing principles. These are: : - To preserve the best of traditional town government. To provide a modern governmental structure that will enable the town lo deal effectively with the pressures of population growth and creeping urbanization in a c~nfident and effective manner. - To provide a larger measure of accountability throughout the town's g ~vernmental structure. Appointed officials will be subject to disciplinary action, if they fail t¢ do their job. Elected officials will be subject to recall, if they neglect their responsibilities. - To provide improvements in several critical areas: management and; dministration; budget making and budget administration; coordination of public works; and it ~proved municipal and fiscal planning. vi The Charter Recommended The Charter Commission believes that the adoption of the Chatter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson, Vice-Chairman Dennis L. Currier, Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vii TOWN OF NORTH ANDOVER CHARTER PREAMBLE We, the people of the town of North Andover, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Common- wealth, do hereby adopt the following home rule charter for this town. CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Section 1 Incorporation 1-1-1 The present town of North Andover, within its territorial limits as now or as may here- after be established by law, is hereby continued as a body corporate and politic v~ith perpetual suc- cession under the name: Town of North Andover. Section 2 Form of Government 1-2-1 This charter provides for an open town meeting-board of selectmen-town manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. Section 3 Scope and Construction of Town Powers 1-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statutes of the Commonwealth as completely and fully as though they were expressly enumerated 'herein. 1-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall be deemed to limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Common- wealth, and the statutes thereof. Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutory provisions, the town 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 other towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail 1-5-1 To the extent that any specific provision of this charter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severability of Charter I 1-6-1 If any provision of this charter is held invalid, the other provisions o~the charter shall not be affected thereby. If the application of the charter or any of its provisions ho any person or cir- cumstance is held invalid, the application of this charter and its provisions lo other persons and circumstances shall not be affected thereby. CHAFFER 2 TOWN MEETING Section 1 Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town mee :lng open to all regis- tered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amc adments, all by-laws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. I 2-1-3 The town meeting shall possess and may exercise all powers possible Under general law. Section 2 Warrants 2-2-1 The board of selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed forty-five days prior to the date for the meeting, provided that, by unanimous vote, the board of selectmen may waive this requirement, in cases of emergency. , 2-2-3 The warrant for each annual and special town meeting shall be published in a newspaper of general circulation within the town at least seven days prior to the meetin and shall be posted in a public place in every precinct in the town at least seven days prior to the ~ nual town meeting, and at least fourteen days prior to any special town meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly on the first Monday in May 7 p.m. to consider and adopt an annual operating and capital budget, and to act on other matters. ':Fhe meeting shall be continued on other days, until all articles in the warrant shall have been acted u ~on. Section 4 Special Town Meetings 2-4-1 A special town meeting may be called by the board of selectmen and shall be called by said board upon the request, in writing, of at least two hundred registered votersi of the town. Section 5 Moderator 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 24-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the advisory board report. 2-6-2 The town clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moder- ator, unless the motion establishing any such committee shall ~aame the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-t All proposed operating expenditures shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meet- ing unless the advisory board shall have considered them previously and issued a written recommen- dation thereon. The chairman of the boaxd, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at any special town meeting unless the proposed expenditure has been recommended by the board of selectmen and the advisory board, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on by the town meeting unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. CHAPTER 3 BOARD OF SELECTMEN Section 1 The Board of Selectmen 3-1-1 A board of selectmen of five members shall be elected at-large for three-year overlapping terms. 3-1-2 the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers vested in the board of selectmen. The board of selectmen shall have all of ti given to boards of selectmen under the constitution and general laws of the such additional powers and duties as may be authorized by the charter, by by town meeting vote. 3-2-2 The board of selectmen shall cause the laws and orders for the gover: be enforced and shall cause an up-to-date record of all its official acts to be ke 3-2-3 The board of selectmen shall serve as the chief goal-setting and pc the town and, as such, shall not normally administer the day-to<lay affaks o instead regularly direct the town manager to help it in carrying out its admi make recommendations to the town meeting relating to actions required to b~ Section 3 General Powers, Duties, and Responsibilities Vacancies in the office of selectmen shall be filled by special electi, ~n in accordance with of the town shall be te powers and duties ~ommonwealth, and aw, or by any other ~ment of the town to t. icy-making agency of [' the town, but shall aistrative duties, and ~ taken by that body. 3-3-1 The board of selectmen shall have the power to enact rules and re ulations establishing town policies, not otherwise governed by general law, this charter, or by-la~, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town t~ eeting. Section 4 Powers of Investigation 3-4-1 The board of selectmen may conduct investigations and may author ze the town manager or other agent to investigate the affairs of the town and the conduct of ar y town department, office, or agency, including any doubtful claims against the town, and for th: may subpoena witnesses, administer oaths, take testimony, and require the pre The report of such investigation shall be placed on file in the office of the tox~ summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-5-1 The board of selectmen shall act as the licensing authority of the tox power and responsibility required to issue licenses, to make all necessary regarding the issuance of such licenses, and to attach conditions and impose considers to be in the public interest, and further to enforce, or cause to be rules, and regulations relating to all businesses for which it issues licenses. 4 s purpose the board duction of evidence. n clerk, and a report tn and shall have the ales and regulations ach restrictions as it enforced, the laws, 3-5-2 The board of selectmen shall be recognized as head of the town government for all cere- monial purposes. Section 6 Powers of Appointment 3-6-1 The board shall have the power to appoint: (a) a town manager as provided in Chapter 4; (b) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (i) five mem- bers and three associate members of a zoning board of appeals for overlapping three-year terms. 3-6-2 The board shall also 'have the power to appoint town boards enumerated in Chapter 7, including: (a) a conservation commission; (b) a council on aging; (c) a historical commission; (d) a recreational council; and (e) an arts council. 3-6-3 The boards enumerated in clause 3-6-2 shall be responsible to the board of selectmen through the town manager, and shall work cooperatively with the town manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The board of selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter estab- lished by general law, charter, by-law, or vote of the town meeting. 3-7-2 The provisions of 3-7-1 shall be inapplicable to the board of library trustees. Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall deal with town officers and employees who are subject to the direction and supervision of the town manager solely through the town manager and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately. 3-8-2 Members of the board of selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the board of selectmen is the appointive authority. CHAPTER 4 THE TOWN MANAGER Section 1 Appointment 4-1-1 The board of selectmen, by an affirmative vote of at least four members, shall appoint a town manager for an indefinite term to serve at its pleasure. 4-1-2 In selecting a town manager, the board of selectmen shall search for Candidates by placing an advertisement in the International City Management Association Newsletter or similar profes- sional publication and in at least two newspapers having state-wide or regional ~culation. 4-1-3 No person who has held either elective or appointive town office [uring the preceding twelve months shall be eligible for the position of town manager. Section 2 Qualifications 4-2-1 The town manager shall be appointed on the basis of educational, e: :ecutive and adminis- trative qualifications and experience. The educational qualifications shall onsist of at least a bachelor's degree, preferably in public administration, granted by an accre~ lited degree-granting college or university. The professional experience shall include at least five ye ars of prior full time, compensated executive service in public or business administration. Alterm ~tively, two years or more of professional experience and a master's degree in an appropriate discil; line shall qualify any applicant. Section 3 Duties 4-3-1 The town manager shall be the chief administrative officer of th~ town and shall be responsible for administering and coordinating all employees, activities and departments placed by general [aw, this charter or by-law under the control of the board of selectmen and of the town manager. 4-3-2 He shall devote his full working time to the duties of his office; h6 shall not become a candidate for, or hold, any elective office during his term of appointment;and he shall not engage l in any business activity during his term, except with the written consent of th~ board of selectmen. He shall: (a) attend all meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. (b) assemble, prepare and present to the board of selectmen all annual Operating and capital budgets of the town and be responsible for the development and an~lual revision of the capital improvements program. (c) be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law, this charter, and by-lave. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) solicit and prepare applications for grants. (g) be responsible for the day-to-day administration of the town's personnel system. (h) be responsible for the purchasing of all town services and departments, excepting those of the school department. (i) make recommendations to the board of selectmen regarding vacancies in town offices and boards to be filled by the board of selectmen. 0) be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veterans' services. (k) develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (1) distribute, or cause to be distributed, copies of the warrant and advisory board report for all town meetings to the residences of all registered voters. (m) negotiate collective bargaining contracts on behalf of the board of selectmen, unless the board shall have designated another negotiator. (n) perform such other duties as may be required by this charter, by-law, or vote of the board of selectmen. Section 4 Responsibilities for Appointments 4-4-1 Subject to the approval of the board of selectmen, the town manager shall have the power to appoint and, on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: (a) a town clerk, (b) divi- sion and department heads, (c) a planning board, (d) an industrial development financing authority, (e) an industrial commission, (f) a board of health and/or a health agent, and (g) a board of public works until such time as said board is abolished. 4-4-2 The town manager shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove: (a) all town employees, including secretarial and clerical personnel; (b) other part-time secretarial and clerical employees, in consultation with the elected town officials to whom said employees report; (c) all employees of appointed town multi-member bodies; (d) one or more inspectors; and (e) alt other full-time, part-time or seasonal employees, except those of the library trustees, the police and fire departments, and the school committee. All such appointments and removals shall be subject to disapproval by four affirmative votes of the board of selectmen taken within 14 days. Section 5 Responsibilities in Personnel Administration 4-5-1 The town manager shall administer and enforce collective bargaining rules, regulations, and by-laws adopted by the town. 4-5-2 After consultation with the board of selectmen, the town manage time propose, and the town meeting may adopt, with or without amendmen and rules relating to all town positions, except those covered by collective bar those of the school department. Such by-laws shall provide for: (a) the classification of positions, based on duties, responsibilities, and ar tion, with adequate provision for reclassification of any position wh~ changed circumstances. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointn (d) policies and procedures regulating reduction in force and removal of em (e) hours of work, attendance regulations, and provisions for sick, vacatio leave. (f) policies and procedures governing persons holding provisional appointments. (g) policies and procedures governing relationships with employee organizat: ons. (h) policies regarding inservice training programs. (i) grievance procedures for the hearing of grievances. 0) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-1 The town manager may, with the approval of the board of selectn en, establish, reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall reqt~ire the approval of the affirmative vote of four members of the board of selectmen, and shall nqt become effective until the position has been funded by a vote of the town meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the:own accountant in accordance with general law procedures, shall be submitted to the town manag, :r, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve fil warrants in the manager's absence or in the event ora vacancy in his office. contracts, personnel shall from time to personnel by-laws fining contracts and hority of each posi- never warranted by ent and promotion. loyees. , military and other Section 8 Evaluation 4-8-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate the removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the town manager for a period bf not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the town manager in person, or sent by registered mail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the town manager may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time, and date to be posted in the town hall and in three other places of public access within the town. 4-9-4 The moderator shall preside at any such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectmen and the town manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4-9-7 The town manager shall provide the board of selectmen with at leas~ ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requixement. I Section 10 Filling Vacancy / 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as so6n as possible but in any case, within six months. Section 11 Acting Town Manager 4-11-1 The board of selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the ~own manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period n~t to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATIONI Section 1 General / 5-1-1 The administrative functions of the town government shall be performed within the organizat io nal framework o f several divisions and department s. 5-1-2 The divisions shall include: (a) a division of finance, (b) a division oI planning and com- munity development, and (c) a division of public works. / 5-1-3 The departments shall include the office of the town clerk, a policei department, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. 5-1-4 Responsibility for the functions administered within the three divisio: is shall be vested in the town manager. 5-1-5 The town manager, with the approval of the board of selectmen, si all designate those divisions to be supervised by a director and those, if any, to be supervised by tl~e town manager. If the manager is designated to act as director of one or more divisions, he shall !serve in such addi- tional capacity without additional compensation. 5-1-6 With the approval of the town manager a division director, other thatl the manager, may designate himself as head of one or'more departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation,i 10 Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disburse- ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, and community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5-4-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 The Town Clerk 5-5-1 A town clerk shall be appointed by the town manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fire Department 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAPTER 6 ELECTED TOWN BOARDS AND oFFICERS Section 1 General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee representative, a board of selectmen as provided in Chapter 3, a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws. 11 6-1-3 During the term for which he is elected, and for one year followinl expiration of his term, no officer or member of any board or commission established under th chapter shall be eligible to accept any appointed, paid town position placed under the jurisdictie of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards esta lished under this chapter shall be ill[ed by the board of selectmen together with the remainin members of the respective board, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shal (a) preside at all town meetings; (b) appoint the members of the advisory board; (c) appoint all,~ t hoc committees of the town meeting in accordance with clause 2-7-1 and (d) preside at any hearir called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Commil ee representative shall be elected for a three-year term. Section 5 School Committee 6-5-1 A school committee of five members shall be elected at large for thre,.~-year overlapping terms. 6-5-2 The school committee shall conduct a public hearing prior to submitting a budget to the town manager. The committee shall have preliminary summaries of its recommendations available at said hearing which shall be distributed to those requesting them. Section 6 Housing Authority 1 6-6-1 There shall be a housing authority of five members, one of whom s~tall be appointed under authority of the Commonwealth and four of whom shall be elected. All mtembers shall serve five year overlapping terms. CHAPTER 7 APPOINTED TOWN BOARDS Section 1 Zoning Board of Appeals 1 7-1-1 A zoning board of appeals of five members and three associate men'bets shall be ap- pointed by the board of selectmen for three-year overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shalt be appointed by the board of select- men for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 4 Historical Commission 7-4-1 A historical commission of seven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 5 Recreation Council 7-5-1 A recreation council of nine members shall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd, number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 A planning board of five members shall be appointed by the town manager for three-year overlapping terms. Section 8 Board of Health 7-8-1 A board of health of three members shall be appointed by the town manager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of selectmen, in accoTdance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Town Boards, Commissions, and Committees 7-10-1 Multi-member boards established by this charter shall possess and exercise all powers given to them und. er the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 13 7-10-2 All boards, commissions, and committees of the town shall: (a), organize annually; (b) elect a chairman and other necessary officers; (c) establish a quorum retluixement for their meetings in accordance with general law; (d) adopt rules of procedure and voti/~g; and (e) maintain minutes and all other records of proceedings, copies of which shall be a pub!ic record and filed monthly with the town clerk, in 7-10-3 All such boards shall meet with the board of selectmen at least once each year. 7-104 All such boards shall conduct their meetings in accordance with the Open meeting provi- sions of the open meeting law, Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. ~ 7-10-5 Members of boards established under this chapter may receive such c4mpensation as may be authorized by the town meeting, but during the term for which a member iR appointed and for one year following expiration of such term, no member of any appointed boar~l under this charter shall be eligible to accept any additional paid position under any such board. 7-10-6 Any person duly appointed to any office or board shall take up the ~luties of his office immediately, provided that he first shall have been sworn to the faithful perfofinance of his dutieS by the town clerk. 7-10-7 The unexcused absence of a member from four or more consecutiVe meetings of any appointed multi-member body shall serve to vacate the office. When such ~ vacancy has been created, the chairman shall advise the appointive authority forthwith, who stall fill the vacancy within thirty days. Section 11 Change in Composition of Appointed Town Boards 7-11-1 The town meeting may, by by-law, enlarge or decrease the number ot persons to serve as members of boards established under this chapter, prOvided, however, that all such boards shall always consist of an odd number of members. CHAPTER 8 ELECTIONS Section I Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on the first Mon- day in March of each year. 8-1-2 All general law prOvisions with regard to town elections shall apply, except as may herein be provided by this charter. 14 Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-1 Any person duly elected to any office or board shall take up the duties of his office immediately following his certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may 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 voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the filing of the affidavit. 8-5-4 The town clerk shall within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters. 8-5-5 If the petition shall be found and certified by the town clerk to be sufficient he shall submit the same with his certificate to the board of selectmen. The board of selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five nor more than sixty 15 days after the date of the town clerk's certificate that a sufficient petition has been filed;provided, that if any other town election is to occur within ninety days after the date of the certifi- however, cate, the board of selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed imself. The nomina- tion of candidates, the publication of the warrant for the recall election, an the conduct of the same, shall all be in accordance with the provisions of general law relating :o elections, and the election to replace the officer sought to be removed shall be held on the s~me day as the recall election. 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired ter~ a, but shall not again be subject to recall during his term of office. If recalled, he shall be deeme~l removed upon the qualification of his successor who shall hold office during the unexpired term.{If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters[of the town. 8-5-9 No person, having been removed from office by recall or having t~esigned from office while recall proceedings were pending against him, shall be appointed to any to~ ~n office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDUR] ~S Section 1 Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the mod~:rator for three-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the advisory board shall take up the iduties of the office upon the final adjournment of the annual town meeting, provided that he irst shall have been sworn to the faithful performance of his duties by the town clerk. 9-1-3 Vacancies in the advisory board shall be filled by the moderator wi~ tin thirty days after he has been notified, in writing, of the vacancy on the board. Any person aPl >inted to fill out an unexpired term shall take up the duties immediately, provided that he first sh~ 11 have been sworn to the faithful performance of his duties by the town clerk. 16 9-1-4 No member of the advisory board shall hold any other elected or appointed town office. Section 2 Submission of Budget and Budget Message 9-2-1 On or before the first day of October of each year, the town manager shall request and receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to the town manager. 9-2-3 On or before the first day of November of each year, the board of selectmen, after con- sulting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 9-2-4 All department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting. 9-2-5 At least one hundred and twenty days prior to the scheduled date of the annual town meeting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6 The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (d) summarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget slxall provide a complete financial plan for all town funds and activities and shall be in such format as the advisory board may suggest, provided the format suggested is com- patible with the standards recommended by the state association of finance committees. The budget shall indicate proposed expenditures for both current operations and capital:projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The board of selectmen shall within thirty days adopt the budget, with or without amendments, and submit it to the advisory board. The board of selectmen shall also transmit the budget request of the school committee to the advisory board. 17 9-3-2 The advisory board shall conduct at least one public hearing on the Proposed budget and shall issue printed recommendations and detailed explanations on all financial articles in an annual advisory board report, which shall be mailed or distributed to the residences Of all registered voters at least ten days prior to the scheduled date of the annual town meeting. Iai preparing its recom- mendations, the board may require the town manager, any town division department, office, board, commission, or committee to furnish it with appropriate financial re ~orts and budgetary information. 9-3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amend~ eats, prior to the be- ginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The town manager shall prepare a five-year capital improvements ~lan which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improve~ .~nts proposed to be undertaken during the next five fiscal years, together with supporting data (c) cost estimates, methods of financing, and recommended time schedules; and (d) the esti~ ated annual cost of operating and maintaining the facilities or equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to apital improvements pending or in the process of construction or acquisition. 9-5-2 The capital improvements plan shall be submitted to the board ofs~lectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board report. Section 6 Notice of Public Hearing On Capital Improvement Plan 9-6-1 The advisory board shall publish, in one or more newspapers of general circulation in the town, the general summary of the capital improvements plan and a notice stating; (a) the times and places where copies of the capital improvements plan are available for inspectign; and (b) the date, time, and place, not less than seven days following such publication, when the board shall conduct a public hearing on said plan. ' Section 7 Annual Audit 9-7-1 At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, ibooks, records, and financial transactions of every division, department, office, board, commission, and committee of the town government, including the school department. 18 9-7-2 If the board of selectmen has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting firm to make said audit, and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-3 A copy of every auditor's report shall be filed with the town clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending %8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER 10 PLANNING AND THE ENVIRONMENT Section I Powers and Duties of the Planning Board 10-1-1 A planning board shall be appointed as provided in clause 7-7-1. 10-1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10-1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development and periodic updating of a master or comprehensive plan. A summary of said plan shall be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 19 Section 4 Industrial Commission 10-4-1 An industrial commission of five members shall be appointed by the three-year overlapping terms. 104-2 The commission shall exercise such powers and duties as prescribed b charter, and by4aw. Section 5 Coordination of Activities 10-5-1 It shall be the general responsibility of the town manager and/or the sion of planning and community development, if appointed, to coordinate the a( planner, the planning board, conservation commission, industrial authority, indt and other boards, commissions, and committees, except the board of appeals, physical, economic, and environmental development of the town. CHAPTER 11 TRANSITIONAL PROVISIONS town manager for general law, this rector of the divi- ivities of the town strial commission, mcerned with the Section I Effective Date 11-1-1 Except as provided for in this chapter, this charter shall be in full cfi ct on the first day of October following its adoption by the voters. 11-1-2 This charter shall be in partial effect upon its adoption by the voters t, permit the board of selectmen to immediately commence to search for a town manager. The provi ions of 4-1-3 shall be inapplicable to the fkst town manager search and appointment made under tt is charter, and the appointment shall be made effective on the first day of September following its ac :option. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special .ws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force wh{ ~ this charter takes effect and which are not inconsistent with the provisions of this charter shall co~ ttinue in full force and effect until amended or rescinded by due course of law or expire by their ow~ limitation. Section 3 Continuation of Government 1 11-3-1 Except as specifically provided in this charter, all committees, comrpissions, councils, boards, departments, offices and other agencies of the toWn shall continue in egistence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties haw~ been transferred. Section 4 Continuation of Personnel 11-4-1 Any person serving in the employment of the town shall retain such l~osition and shall perform his duties until provisions shall have been made in accordance with tl~ is charter for the 20 performance of the said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade. 11-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said term, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Section 5 Transfer of Records and Property 11-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 11-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the town manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the divi- sion of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term of each incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors 11-7-1 The terms of office or: the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions of clause 4-6-1. Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. 21 Section 9 Boa~ls Discontinued / 1 1-9-1 On the effective date of this charter, the board of fire engineers, tile personnel board, and the capital budget committee shall ali be discontinued. 11-9-2 The board of public works established by Chap. 379 of the Acts ol 1906 may be abol- ished in accordance with the provisions of clause 4-6-1. Section 10 Charter Amendment 11-10-1 This charter may be replaced, revised, or amended in accordance ~ith the pro~cedures made available by Article eighty-nine of the amendments to the Constitution oft ~¢ Comm0,gwcalth, commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, com~ ~only known as the Home Rule Procedures Act. Section ! 1 Definitions 11-11-1 Unless another meaning is clearly apparent, from the manner in whiz h the word is used, the following words as used in the charter shall have the following meanings: (a) Chatter. The word "charter" shall mean this charter and any amen, lments to it made through any of the methods provided under Article eighty-nine of the mendments to the Constitution of the Commonwealth. (b) Town. The word "town" shall mean the Town of North Andover. I (c) Town Agency. The words "town agency" shall mean any board, comn~ission, committee, department or office of the town government. (d) Majority Vote. The words "majority vote" shall mean a majority of Ithose present and voting provided that a quorum of the body is present. (e) Voters. The word "voters" shall mean registered voters of the Town of Nprth Andover. (f) Multi-member Body. The words "multi-member body" shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has be0n declared elected and sworn to the faithful performance of duty by the town clerk. (h) He/hiS.charter shallTheincludeW°rds "he"the feminine.°r "his" or any other use of a masculine noun or pronoun in this (i) Elected officer. The words "elected officer" as used in 11-4-2 shall mean the town clerk, the highway surveyor, the collector-treasurer, and any other individt~al elected office, abolished or made appointive by this charter. 22 AFTERWORD The Charter Commission's concluding observations, in this afterword, must begin by acknowledg- ing the support, assistance and cooperation it has received from elected and appointed town boards, elected and appointed officials, and several department heads who have attended Charter Commis- sion meetings. The Commission did not presume to deal with every matter or every suggestion that came up in the past ten months. It has left matters of detail and implementation to the Board of Selectmen, to the future Town Manager, and, of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Future The passage of the Charter should prove to be the first page of a new chapter in North Andover's history. The Commission believes that the town manager plan will allow and promote improved budgeting, that the grouping of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, by attending public hearings, and by serving on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manager Search To ensure a smooth transition the Charter Commission recommends the appointment, by the Board of Selectmen, of a small committee. The committee would attempt to address, and resolve, issues related to the transition, and would help to initiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the first Town Manager. The committee would also help to deal with the organization of the town's three division. 23 Revision of By4aws The second matter is the revision of the by-hws. A careful review of the b tion of the legal base study completed by the Consultant in the past several ~ the Commission that a review and recodification of the by-laws is very d~ adoption will make some by-laws obsolete; others will need to be rewritten. edited; others will need to be pruned down, to make them usable and enfort have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Sel, task without delay, so that the town will soon have available for distributio by4aws. A Final Word The Charter presented in this pamphlet provides the essential structure of ~ ture should be given a chance to succeed, and in the years ahead it can be iml As usual, and as is proper, it is the citizens who will have the last word Charter's fate. Please read the Charter, appreciate its strengths, and record y, "Yes" on election day. 24 qaws and the prepara- nonths, has convinced .sirable. The Charter's lome will need to be eable. All changes will ;ctmen undertake this a code of up-to-date vernment. The struc- roved by amendment. They will decide the )ur support, by voting TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER. MASSACHUSETTS 01 Joyce A. Bradshaw Town Clerk Telephone (978) 688-950] FAX (978) 688-9556 This is to certify that the attached copy is a complete and accurate copy of Chapter 59 of the Code of the Town of North Andover in effect as of March 16, 1998: CHAPTER 59 TOWN MEETINGS Section 59-1 Adjournment. Section 59-2 Quorum. Section 59-3 Reconsideration vote. Section 59-4 Secret ballots. Section 59-5 Reconsideration of Articles. [H;STORY: Adopted by the Town of North Andover as Ch. 2 of the General Bylaws. Amendments noted where applicable.] GENERAL REFERENCES Charter provisions - See Charter Chapter 2 Section 59-1 Adjournment. When a Town Meeting shall be adjourned to a time certain that is more than fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. Section 59-2 Quorum The quorum required to convene an Annual or Special Town Meeting shall be one and one-half percent (1,5%) of the registered voters of the Town. Once convened an Annual or Special Town Meeting may continue to transact business at that session and at adjourned sessions of the same meeting in the absence of a quorum by at least a two-third vote of those present and voting. A lesser number may adjourn such meeting from time to time. It is further provided that no adjourned or subsequent session may be convened absent the presence of three-fourths of one percent {.75%) of the registered voters. Section 59-3 Reconsideration vote. Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. Section 59-4 Secret ballots. Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least twenty-five percent (25%) of the voters present at said Annual or Special Town Meeting, any Article in the warrant for said Annual or Special Town Meeting shall be voted upon by Australian (secret) ballot. Section 59-5 Reconsideration of Articles. [Added 5-2-88 ATM, Art. 44] The sponsor of any Article requiring the raising and/or appropriation of town funds shall provide to the Town Manager and to the Finance Committee the following information: 1. Total estimated dollar cost of the Article including: a. Start-up costs, b. Reoccurring annual costs, including personnel and/or equipment purchases. c. Source of estimate. any increase in 2. Estimate of any possible revenues the project might generate. 3. Proposed source and/or mechanism for funding. 4. Reason(s) for the request, including but not limited to need. 5. Population group most likely to benefit or be affected by the project. 6. Possible alternatives to the requested proposal. 7. Schedule or time frame for completion of the project. Any motions that would be introduced to support the Article as submitted. This information shall be provided within two (2) days after the final fixed date for the Annual or any Special Town Meetings. TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER. MASSACHUSETTS 01845 Joyce A. Bradshaw Town Clerk Telephone (97g) 688-950] FAX (978) 688-9556 This is to certify that the following section of Article 13 was Approved by majority vote at the Adjourned Annual Town Meeting for the Town Meeting for the Town of North Andover held Tuesday May 29, 1979: Chapter 2: Town Meeting Section 2.1 Date of Elect/o~ The Annua/Town Meeting for elect/on of officers shall be held on the first Monday in March. Section 2.2 Date of Annual Bu~ine~ Meeti~ AP. er the election of Town Officer whose names appear on the officio! ballot, and the vote upon such questions as may also appear, the Annual Meeting in each year shall stand adjourned for the consideration of all other rnat~ers in the warrant W 1'30 o'clock in the afternoon of the fourth Satur- day in April, at a place to be designated by the Selectmen in the warrant for said meeting. The warrant shall also state the date and hour of said ad- journment. SectAon 2~3 Adjournment When a Town Meeting shall be adjourned to a time certain that is more than fourteen days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three or more public places in each precinct in the Town two days at least before the time of holding said adjourned meeting, which notice shall also briefly s~ate the business to come before such meeting. Posting Warrant The Warrant for any Town Meeting shall be directed to either of the Con- s~ables, who shall serve the same by posting a true and attested copy thereof at the Town Office Building and at five or more public places in each precinct of the Town, not less than seven days before an Annual Town Meeting and fourteen days before a Special Town Meeting. Section 2.5 Quo~zm No business shah be transacted at any Annual or Special Town Meeting ex- cep~ by the unanimous vote of those present and voting, unless there sh~' be present at least 1.5% of the registered rot. ers of the Town: provided however, that a number less than such quorum may adjourn such meeting from time w time. Section 2.6 Reconsid~ztiou vote Unless the Moderator shall otherwise rule. for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. Section 2.7 Secret Ball. ts Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affu'mative vote of at least 25% of the vomrs pre- sen~ ak s~d Annual or Specinl Town Meeting, any arucie in the warrant for the said Annual or Special Town Meeting shall be voted upon by AusU'alian (Secret) Ballot. Section 2.8 Appropr~tions fMone~ A~ticles) An Article in the Warrant for any Town Meeting proposing that the Town vote m "raise and appropriate" a sum of money for some proper purpose shall be taken ~o propose that the suggested appropriation may be met no~ only by taxation, but also by proper r~'ansfer from available funds in the Town Treasury, or by proper municipal borrowing or by any or a com- bination of these sources of funds. ~I1 as the Town may vote. Section 2.9 AFFro~ At Special Town Meetings No article e~lllug for the appropriation of funds shall be considered at any Special Town Meeting unless the proposed expenditure ~s recommended by the Selectmen and the Advisory Committee. Section 2.4 Chapter 3: Administration TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER. MASSACHUSETTS 01845 Joyce A. Bradshaw Town Clerk Telephone (978) 688-950 FAX (978) 688-9556 This is to certify that the attached copy is a complete and accurate copy of the Town of North Andover Charter Chapter 2 - Town Meeting: CHAPTER 2 TOWN MEETING Section 1 Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all bylaws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The Board of Selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed not more than sixty days, but at least forty-five days pdor to the date for the meeting, provided that by unanimous vote, the Board of Selectmen may reopen the warrant in cases of emergency. 2-2-3 The warrant for each annual and special town meeting shall be posted in a public place in every precinct in the town at least seven days prior to the annual town meeting and at least fourteen days prior to any special town meeting. 2-2-4 The warrant for each special town meeting town shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly between April twenty-eighth and May twenty-eighth, as specified in the town by-laws to consider and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continued on other days, until all articles in the warrant have been acted upon, Section 4 Special Town Meetings 2-4-1 A special town meeting may be called by the Board of Selectmen and shall be called by said board upon the request, in writing, of at least two hundred registered voters of the town. Section 5 Moderator 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the Finance Committee report. 2-6-2 The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moderator, unless the motion establishing any such committee. shall name the members, provide for their election or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditure shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meeting unless the Finance Committee shall have considered them previously and issued a written recommendation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8.3 No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on by the town unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER. MASSACHUSETTS 01845 Joyce A. Bradshaw Town Clerk Telephone (978) 688-9501 FAX (978) 688-9556 This is to certify that the attached copy is a complete and accurate copy of Chapter 59 of the Code of the Town of North Andover in effect as of March 16, 1998: CHAPTER 59 TOWN MEETINGS Section 59-1 Adjournment. Section 59-2 Quorum, Section 59-3 Reconsideration vote. Section 59-4 Secret ballots. Section 59-5 Reconsideration of Articles. [HISTORY: Adepted by the Town of North Andover as Ch. 2 of the General Bylaws. Amendments noted where applicable.] GENERAL REFERENCES Charter provisions - See Charter Chapter 2 Section 59-1 Adjournment. When a Town Meeting shall be adjourned to a time certain that is more than fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the town two 12) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. Section 59-2 Quorum The quorum required to convene an Annual or Special Town Meeting shall be one and one-half percent (1.5%) of the registered voters of the Town. Once convened an Annual or Special Town Meeting may continue to transact business at that session and at adjourned sessions of the same meeting in the absence of a' quorum by at least a two-third vote of those present and voting. A lesser number may adjourn such meeting from time to time. It is further provided that no adjourned or subsequent session may be convened absent the presence of three-fourths of one percent (.75%) of the registered voters. Section 59-3 Reconsideration vote. Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. Section 59-4 Secret ballots. Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least twenty-five percent (25%) of the voters present at said Annual or Special Town Meeting, any Article in the warrant for said Annual or Special Town Meeting shall be voted upon by Australian (secret) ballot. Section 59-5 Reconsideration of Articles. [Added 5-2-88 ATM, Art. 44] ko The sponsor of any Article requiring the raising and/or appropriation of town funds shall provide to the Town Manager and to the Finance Committee the following information: 1. Total estimated dollar cost of the Article including: a. Start-up costs. b. Reoccurring annual costs, including personnel and/or equipment purchases. c. Source of estimate. any increase in 2. Estimate of any possible revenues the project might generate. 3. Proposed source and/or mechanism for funding. Reason(s) for the request, including but not limited to need. 5. Population group most likely to benefit or be affected by the project. 6. Possible alternatives to the requested proposal. 7. Schedule or time frame for completion of the project. Any motions that would be introduced to support the Article as submitted. This information shall be provided within two (2) days after the final fixed date for the Annual or any Special Town Meetings. TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER~ MASSACHUSETTS 01845 Joyce A. Bradshaw Town Clerk Telephone (978) 688-950 FAX (978) 688-9556 This is to certify that the following section of Article 13 was Approved by majority vote at the Adjourned Annual Town Meeting for the Town Meeting for the Town of North Andover held Tuesday May 29, 1979: Chapter 2: Town Meeting Section 2.1 Date o/Electiouz The Annual Town Meeting for election of officers shall be held on the first Monday in March. Section 2£ Date of Annual Business Meeting After the election of Town Officer whose names appear on the official ballot, and the vote upon such quest/oma as may also appear, the Annual Meeting in each year shall stand adjourned for the consideration of all other matters in the warrant to 1:~ o'clock in the afternoon of the fourth Satur- day in April, at a place to be designated by the Selectmen in the warrant for said meeting. The warrant shal_l also state the date and hour of said ad- jourllmenL Section 2.3 Adjournment When a Town Meeting shaft be adjourned to a time certain that is more than fourteen days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly pasted in three or more public places in each precinct in the Town two days at least before the time of holding said adjourned meeting, which notice shall also briefly state, the business to come before such meeting. Posting Warrant The Warrant for any Town Meeting shall be directed to either of the Con- stables, who shall serve the same by posting a true and attested copy thereof at the Town Office Building and at five or more public places in each precinct of the Town. not less than seven days before an Annual Town Meeting and fourteen days before a SpeciaJ Town Meeting. Section 2.5 Quor~Tn No business shall be transacted at any Annual or Special Town Meeting ex- cept by the unanimous vote of those present and voting, unless there shall be present at least 1.5% of the registered voters of the Town; provided however, that a number leas than such quorum may adjourn such meeting from time to time. Section 2.6 Reco~rideration Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. Section 2.7 Secret Ballots Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affir,~ve vote of at least 25% of the voters pre- sent at ~ud Annual or Special Town Meeting, any article in the warrant fro, the said Annual or Speolzl Town Meeting shall be voted upon by Allstr~lian (Secret) Ballot. Section 2.8 Appropriations (Money ArficZesJ An Article in the Warrant for any Town Meeting proposing that the Town vote to "raise and appropriate" a sum of money for some proper purpose shaft be taken to propose that the suggested appropriation may be met not only by taxation, but also by proper transfer from avzilable funds in the Town Treasury, or by proper mumcipal borrowing or by any or a com- bination of these sources of funds, all as the Town may vote. Section 2.9 Appropr~tiou At Special Towa No article ~ for the appropriation of funds shall be considered at any Special Town Meeting unless the proposed expenditure is recommended by the Selectmen and the Advisory Committee. Section 2.4 Chapter 3: Administration TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER. MASSACHUSETTS 01845 Joyce A. Bradshaw Town Clerk Telephone (978) 688-9501 FAX (978) 688-9556 This is to certify that the attached copy is a complete and accurate copy of the Town of North Andover Charter Chapter 2 - Town Meeting: CHAPTER 2 TOWN MEETING Section I Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all bylaws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The Board of Selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed not more than sixty days, but at least forty-five days pdor to the date for the meeting, provided that by unanimous vote, the Board of Selectmen may reopen the warrant in cases of emergency. 2-2-3 The warrant for each annual and special town meeting shall be posted in a public place in every precinct in the town at least seven days prior to the annual town meeting and at least fourteen days pnor to any special town meeting. 2-2-4 The warrant for each special town meeting town shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly between April twenty-eighth and May twenty-eighth, as specified in the town by-laws to consider and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continu~ on other days, until all articles in the warrant have been acted upon. Section 4 Special Town Meetings 2-4-1 A special town meeting may be called by the Board of Selectmen and shall be called by said board upon the request, in writing, of at least two hundred registered voters of the town. Section 5 Moderator 2-5-1 ^ moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the Finance Committee report. 2-6-2 The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moderator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditure shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meeting unless the Finance Committee shall have considered them previously and issued a written recommendation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen. and the Finance Committee, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on by the town unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. Section 2.1 Section 22 Section 2.3 Section 2.4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 Section 2.9 Chapter 2: Town Meeting Date of Elections The Annual Town Meeting for election of officers shall be held on the first Monday in March. Date of Annual Busi~ss Meeting After the election of Town Officer whose names appear on the official ballot, and the vote upon such questions as may also appear, the Annual Meeting in each year shall stand adjourned for the consideration of all other matters in the warrant to 1.'~ o'clock in the afternoon of the fourth Satur- day in April. at a place to be designated by the Selectmen in the warrant for said meeting. The warrant shall also state the date and hour of said ad- journment. Adjournment When a Town MeetAng shall be adjourned to a time certain that i~ more than fourteen days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three or more public places in each precinct in the Town two days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. Posting Warrant The Warrant for any Town Meeting shall be directed to either of the Con- stables, who shall serve the same by posting a true and attested copy thereof at the Town Office Building and at five or more public places in each precinct of the Town. not less than seven days before an Annual Town Meeting and fourteen days before a Special Town Meeting. Quorum No business shall be transacted at any Annual or Special Town Meeting ex- cept by the unanimous vote of those present and voting, unless there shall be present at least 1.5% of the reg/stered voters of the Town; provided however, that a number less than such quorum may adjourn such meeting from time to time. tteconsider~ztion vote Unless the ModeraWr shall otherwise rule. for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. Secret Ballots Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least 25% of the voters pre- sent a~ ~d Annual or Special Town Meeting, any article in the wa~ant for the said Annual or Specla] Town Meeting shall be voted upon by Australian (Secret) Ballot. Appropriations [Money Articles] An Article in the Warrant for any Town Meeting proposing that the Town vote to "raise and appropriate" a sum of money for some 0roper purpose shall be taken to propose that the suggested appropriation may be met not only by taxation, but also by proper transfer from available funds in the Town Treasury, or by proper municipal borrowing or by any or a com- bination of these sources of funds, all as the Town may vote. Appropriation At Special Toum Meetings No article caring for the appropriation of funds shall be considered at any Special Town Meeting unless the proposed expenditure is recommended by the Selectmen and the Advisory Committee. Chapter 3: Administration Section 3,1 Selectmen Section 2.1 Section 2£ Section 22 Section 2.4 Section22 Section 2.6 Section 2,7 Section 2.8 Section 2.9 Chapter 2: ToWn Meeting Date of Electior~ The Annual Town Meeting for election of officers shall be held on the first Monday in March. Date of Armual Busiaess Meeting After the election of Town Officer whose names appear on the ballot, and the vote upon such questions as may also appear, the Annual Meeting in each year shah stand adjourned for the consideration of all other matters in the warrant to 1:30 o'cleck in the afternoon of the fourth Satur- day in April. at a place to be designated by the Selectmen in the warrant for said meeting. The warrant shall also state the date and hour of said ad- journment. A djourament When a Town Meeting shall be adjourned to a time certain that is more than fourteen days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three or more public places in each precinct in the Town two days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. Posting Warrant The Warrant for any Town Meeting shall be directed W either of the Con- stables, who shall serve the same by posting a true and attested copy thereof at the Town Office Building and at five or more public places in each precinct of the Town. not less than seven days before an Annual Town Meeting and fourteen days before a Special Town Meeting. No business shall be transacted at any Annual or Special Town Meeting ex- cept by the unanimous vote of those present and voting, unless there shall be present at least 1.5% of the registered voters of the Town; provided however, that a number less than such quorum may adjourn such meeting from time to time. Reconsideration vote Unless the Moderator shall otherwise rule. for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that me~ting or any adjourned session thereof. Sec'ret Ballots Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at leas~ 25% of the voters pre- sent at smd A~mual or Special Town Meeting, any arucle in the warrant for the said Annual or Special Town Meeting shall be voted upon by Australian (Secret} Ballot. Appropriations ~twney Articles~ An Article in the Warrant for any Town Meeting proposing that the Town vote to "raise and appropriate" a sum of money for some proper purpose shall be taken to propose that the suggested appropriation may be met not only by taxation, but also by proper transfer from available funds in the Town Treasury, or by proper municipal borrowing or by any or a com- bination of these sources of funds, all as the Town may vote. AFpropriation At Special Town Meetings No article calling for the appropriation of funds shall be considered at any Special Town Meeting unless the proposed expenditure is recommended by the Selectmen and the Adv/sory Committee. Section 3.1 Chapter 3: Administration Selectmen (A) Town Defense The Selectmen. in addition to their ~eneralxtu ' _ _- , ;. :- · Section 2.1 Section 2.2 Section 2.3 Section 2.4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 Chapter 2: Tow~ Meeting Date of Elect~ms The Annual Town Meeting for election of officers shall be held on the first Monday in March. Date of Annual Business Meeting After the election of Town Officer whose names appear on the official ballot, and the vote upon such questions as may o1~ appear, the Annua~ Meeting in each year shall stand adjourned for ~.he consideration of all other matters in the warrant to 1-~0 o'clock in the afternoon of the fourth Satur- day in April, at a place to be designated by the Selectmen in the warrant roi said meeting. The warrant shall also state the date and hour of said ad- journment. Adjournment When a Town Meeting shall be adjourned to a time certain that is more than fourteen days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three or more public places in each precinct in the Town two days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. Posting W~t The Warrant for any Town Meeting shall be directed to either of the Con- stables, who shall serve the same by posting a ~rue and attesmd copy thereof at the Town Office Building and at five or more public places in each precinct of the Town, not less than seven days before an Annual Town Meeting and fourteen days before a Special Town Meeting. Quo~m No business shall be ~r-ansacted at any Annual or Special TOWn Meeting ex- cept by the unanimous vote of those present and voting, unless there shall be present at least 1.5% of the registered voters of the Town: provided however, that a number less than such quorum may adjourn such meeting from time to time. Recon~deration vote Unless the Moderator shall otherwise rule. for reasons which he shall state to the meeting, no second motion for the reconsideration of any action ~ken by any Town Meeting shall be entertained during that m~eting or any adjommed session theree£ Secret Ballots Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the ~0rmative vote of.at least 25% of the vor~ws pr~ sent at sazd Annua~ or Special Town Meeting, any arucie in the warrant for the said Annual or Special Town Meeting shall be voted upon by Australian (Secret) Ballot. Appropriat~n~ (Money A~cleg An Article in the Warrant for any Town Meeting proposing that the Town vote ~o "raise ~nd appropriate" a sum of money for some proper purpose sha~ be taken to propose that the suggested appropriation may be met not PREAMBLE We, the people of the Town of North Andover, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Commonwealth, do hereby adopt the following home rule charter for this town. CHAPTER TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Section 1 Incorporation 1-1-1 The present town of North Andover, within its territorial limits as now or as may hereafter be established by law, is hereby continued as a body corporate and politic with perpetual succession under the name: Town of North Andover. Section 2 Form of Government 1-2-1 This charter provides for an Open Town Meeting - Board of Selectmen - Town Manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. 1-2-2 The town of North Andover is committed to the full participation of all citizens and to a policy of equal employment opportunity. The town will not discriminate against employees, applicants for employment, nor citizens engaged in any town sponsored activity on any legally recognized basis, including but not limited to race, age, color, religion, sex, marital status, sexual preference, national origin, disability or veteran status. Section 3 Scope and Construction of Town Powers 1-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statues of the Commonwealth as completely and fully as though they were expressly enumerated herein. 1-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall be deemed to limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Commonwealth, and the statutes thereof. Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutory provisions, the town may exemise 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 other towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail t-5-1 To the extent that any specific provision of this chaiter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severability of Charter 1-6-1 If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the 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. 2 CHAPTER 2 TOWN MEETING Section 1 Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all bylaws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The Board of Selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed not more than sixty days, but at least forty-five days prior to the date for the meeting, provided that by unanimous vote, the Board of Selectmen may reopen the warrant in cases of emergency. 2-2-3 The warrant for each annual and special town meeting shall be posted in a public place in every precinct in the town at least seven days prior to the annual town meeting and at least fourteen days prior to any special town meeting. 2-2-4 The warrant for each special town meeting town shall be published in a newspaper of general circulation within the town at least seven days pdor to the meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly between April twenty-eighth and May twenty-eighth, as specified in the town by-laws to consider and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continued on other days, until all articles in the warrant have been acted upon. Section 4 Special Town Meetings 2-4-1 A special town meeting may be called by the Board of Selectmen and shall be called by said board upon the request, in wdting, of at least two hundred registered voters of the town. Section 5 Moderator 2-$-1 A moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-6-t Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the Finance Committee report. 2-8-2 The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moderator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditure shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 4 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meeting unless the Finance Committee shall have considered them previously and issued a written recommendation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on by the town unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. CHAPTER 3 BOARD OF SELECTMEN Section t The Board of Selectmen 3-1-1 A Board of Selectmen of five members shall be elected at-large for three-year overlapping terms. 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2-2 The Board of Selectmen shall cause the laws and orders for the govemment of the town to be enforced and shall cause an up-to-date record of all its official acts to be kept. 3-2-3 The Board of Selectmen shall serve as the chief goal-setting and policy-making agency of the town and, as such, shall not normally administer the day-to-day affairs of the town, but shall instead regularly direct the Town Manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers, Duties, and Responsibilities 3-3-1 The Board of Selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. 6 Section 4 Powers of Investigation 3-4-1 The Board of Selectmen may conduct investigations and may authorize the Town Manager or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the Town Clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-5-1 The Board of Selectmen shall act as the licensing authority of the Town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced, the laws, rules, and regulations relating to all businesses for which it issues licenses. 3-5-2 The Board of Selectmen shall be recognized as head of the town government for all ceremonial purposes. Section 6 Powers of Appointment 3-6-1 The board shall have the power to appoint: (a) a Town Manager as provided in Chapter 4: (b) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (I) five members and three associate members of a zoning board of appeals for overlapping three-year terms. 3-6-2 The board shall also have the power to appoint town boards enumerated in Chapter 7, designated as Board of Selectmen appointees. 3-6-3 The boards enumerated in Chapter 7 shall be responsible to the Board of Selectmen through the Town Manager, and shall work cooperatively with the Town Manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The Board of Selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter established by general law, charter, by-law, or vote of the town meeting. 3 -7 -2 library trustees. The provisions of 3-7-1 shall be inapplicable to the board of Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the Board of Selectmen or its members shall not give orders to any town employee who is subject to the direction and supervision of the Town Manager either publicly or privately. CHAPTER 4 THE TOWN MANAGER Section I Appointment 4-t-1 The Board of Selectmen, by an affirmative vote of at least four members, shall appoint a Town Manager for an indefinite term to serve at its pleasure. 4-1-2 The Board of Selectmen shall appoint a search committee of at least three people, not to include any member of the Board of Selectmen, for the purpose of recommending candidates for the position of Town Manager. 4-2-1 The Town Manager shall be appointed on the basis of education, executive and administrative qualifications and experience. Section 3 Duties 4-3-1 The Town Manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by- law under the control of the Board of Selectmen and of the Town Manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office during his term of appointment; and he shall not engage in any business activity during his term, except with the wdtten consent of Board of Selectmen. He shall: (a) Attend all meetings of the Board of Selectmen, except when excused, and he shall have the right to speak but not to vote. (b) Assemble, prepare, and present to the Board of Selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) Be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law, this charter, and by-law. (d) Keep the Board of Selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) Keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) Solicit and prepare applications for grants. (g) Be responsible for the day-to-day administration of the town's personnel system. (h) Be responsible for the purchasing of all town services and departments, except those of the school department. (I) Make recommendations to the Board of Selectmen regarding vacancies in town offices and boards to be filled by the Board of Selectmen. (j) Be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veteran's services. (k) Develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (I) Distribute, or cause to be distributed, copies of the warrant and Finance Committee report for all town meetings to the residences of all registered voters. (m) Negotiate collective bargaining contracts on behalf of the Board of Selectmen, unless the board shall have designated another negotiator. (n) Perform such other duties as may be required by this charter, by-law, or vote of the Board of Selectmen. 10 Section 4 Responsibilities for Appointments 4-4-1 Subject to the approval of the Board of Selectmen, the Town Manager shall have the power to appoint and, on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: la) a Town Clerk, lb) division and department heads, lc) a planning board (d) an industrial development financing authority, (e) an industrial commission, and (f) a board of health and/or a health agent. 4-4-2 The Town Manager shall also appoint, on the basis of merit and fitness alone, and except as may otherwise be provided by the General Laws, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove all full-time, part-time or seasonal employees, except those of the library trustees, the police and fire departments and the School Committee. All such appointments and removals shall be subject to disapproval by an affirmative vote of the Board of Selectmen taken within fourteen days, provided the vote is first taken at a Board of Selectrnen's meeting at which five members are present and voting; otherwise, if less than five members are present and voting, such disapproval shall only require three votes. Section 5 Responsibilities in Personnel Administration 4-5-1 The Town Manager shall administer and enforce collective bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-$-2 After consultation with the Board of Selectmen, the Town Manager shall from time to time propose, and the town meeting may adopt, with or without amendment, personnel by-laws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: la) The classification of positions, based on duties, responsibilities, and authority of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances. (b) Salary and pay plan for all positions. lc) Methods of determining the merit and fitness of candidates for appointment and promotion. 11 (d) Policies and procedures regulating reduction in force and removal of employees. (e) Hours of work, attendance regulations, and provisions for sick, vacation, military and other leave. (f) Policies and procedures governing persons holding provisional appointments. (g) Policies and procedures governing relationships with employee organizations. (h) Policies regarding in service training programs. (i) Grievance procedures for the hearing of grievances. (j) Such other practices and procedures as may be necessary for the administration of the personnel system. Section 6 Responsibilities for Administrative Reorganization 4-6-1 The Town Manager may, with the approval of the Board of Selectmen, establish, reorganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the Board of Selectmen, and shall not become effective until the position has been funded by a vote of the Town Meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the Town Manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. 12 Section 8 Evaluation 4-8-'1 The Board of Selectmen shall annually evaluate the performance of the Town Manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The Board of Selectmen, by the affirmative vote of at least three members, may initiate the removal of the Town Manager by adopting a resolution to that effect, stating the reasons therefor, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the Town Manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the Town Manager in person, or sent by registered mail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the Town Manager may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks and it shall be held in public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time, and date to be posted in the town hall and in three other places of public access within the town. 4-9-4 The moderator shall preside at such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The Town Manager shall then have the dght to respond, either personally or through counsel. The Board of Selectmen and the Town Manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any Town Manager shall be effected by the affirmative vote of at least three members of the Board of Selectmen at a public 13 meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the Town Manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4-9-7 The Town Manager shall provide the Board of Selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the Town Manager, the Board of Selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section 11 Acting Town Manager 4-11-1 The Board of Selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and perform the duties of Town Manager during any vacancy caused by the temporary absence or suspension, or removal, resignation, or death of the Town Manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as Town Manager. 14 CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION Section I General 5-1-1 The administrative functions of the town gOVernment shall be performed within the organizational framework of several divisions and departments. 5-t-2 The divisions should include: (a) division of finance and administration; (b) division of planning and community development; and (c) ' division of public works, and include other divisions, as the Town Manager may establish with the approval of the Board of Selectmen. 5-1-3 The departments shall include the office of Town Clerk, a police department, a fire department and such other departments as the Town Manager shall establish, with the approval of the BOard of Selectmen. 5-1-4 Responsibility for the functions administered within the divisions shall be vested in the Town Manager, who may organize these responsibilities, as necessary with the approval of the Board of Selectmen by an affirmative vote. 5-1-5 The Town Manager, with the approval of the Board of Selectmen, should designate those divisions to be supervised by a director and those, if any, to be supervised by the Town Manager. If the manager is designated to act as director of one or more divisions, he should in the first occurrence only serve in such additional capacity without additional compensation. 5-1-6 With the approval of the Town Manager a division director, other than the manager, may designate himself as head of one or more departments within his respective division, but if so designated he shall serve in such additional capacity without additional compensation. Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disbursements, purchasing, and others of a fiscal nature shall be carried out within a division of finance. 15 Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, and community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5-4-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a division of public works. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the Board of Selectmen. Section 7 Fire Department 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the Board of Selectmen. 16 CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section 1 General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high School Committee representative, a Board of Selectmen as provided in Chapter 3, a housing authority, and a School Committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws. 6-1-3 During the term for which he is elected, and for one year following expiration of his term, no officer or member of any board or commission established under this chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards established under this charter shall be filled by the Board of Selectmen together with the remaining members of the respective board, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the Finance Committee; (c) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-1 and (d) preside at any hearing called to discuss the suspension or removal of the Town Manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. 17 Section 5 School Committee 6-$-1 A School Committee large for three-year overlapping terms. Section 6 Housing Authority of five members shall be elected at 6-6-1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. 18 CHAPTER 7 APPOINTED TOWN BOARDS Section 1 Zoning Board of Appeals 7-1-1 A zoning board of appeals of five members and three associate members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 4 Historical Commission 7-4-1 A historical commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section $ Recreation Council 7-5-1 A recreation council of nine members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd, number shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-t A planning board of five members shall be appointed by the Town Manager for three-year overlapping terms. 19 Section 8 Board of Health 7-8-1 A board of health of three members shall be appointed by the Town Manager for three-year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the Board of Selectmen, in accordance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Youth Services Commission 7-10-1 A youth services commission for an indefinite, but odd, number shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 11 Disability Commission 7-1'1-1 A commission on disability issues of an indefinite, but odd, number shall be appointed by the Board of Selectmen for three-year overlapping terms. Section '12 Change in Composition of Appointed Town Boards 7-'12-1 The Town Meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist of an odd number of members. Section 13 Town Boards, Commissions, and Committees 7-13-'1 Multi-member boards established by this charter shall possess and exercise all powers given to them under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 20 7-t 3-2 All boards, commissions, and committees of the town shall: (a) organize annually: (b) elect a chairman and other necessary officers:(c) establish a quorum requirement for their meetings in accordance with general law: (d) adopt rules of procedure and voting: and (e) maintain minutes and all other records of proceedings, copies of which shall be public record and filed monthly with the Town Clerk. 7-13-3 All such boards shall meet with the Board of Selectmen at least once in each year. 7-13-4 All such boards shall conduct their meetings in accordance with the open meeting provisions of the open meeting law, Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-13-$ Members of boards established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term, no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such board. 7-13-6 Any person duly appointed to any office or board shall take up the duties of his office immediately, provided that he first shall have been sworn to the faithful performance of his duties by the Town Clerk. 7-'13-7 The unexcused absence of a member from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days. 7-14-1 The Board of Selectmen by an affirmative vote may create additional appointed town boards and assign powers under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law or vote of the town meeting. 21 CHAPTER 8 ELECTIONS Section 1 Town Elections 8-1-I The regular election for all town offices shall be by official ballot held on the first Monday in March of eaCh year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-1 Any person duly elec{ed to any office or board shall take up the duties of his office immediately following certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may 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 voter the first named on such affidavit a sufficient number of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and official seal attached thereto. They shall be dated and addressed to the Board of Selectmen, and shall contain the name cf the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall be demand the election of a successor to such office. 22 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of registered voters. The recall petition shall be returned to the Town Clerk within 20 working days after the filing of the affidavit. 8-5-4 The Town Clerk shall within twenty-four hours of receipt submit the petition to the registrars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are named of registered voters. 8-5-5 If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five nor more than sixty days after the date of the .Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. The nominations of 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 general law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 23 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexplored term, but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 The form of the question to be voted upon shall be substantially as follows: "shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-5-9 No person having been removed from office by recall or having resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years following said removal or resignation. 24 CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section t Finance Committee 9-1-1 A Finance Committee of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the Finance Committee shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first shall have been sworn to the faithful performance of his duties by the Town Clerk. 9-1-3 Vacancies in the Finance Committee shall be filled by the moderator within thirty days after he has been notified, in writing, of the vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the Town Clerk. 9-1-4 No member of the Finance Committee shall hold any other elected or appointed town office. Section 2 Submission of Budget and Budget Message 9-2-1 On or before the first day of October of each year, the Town Manager shall request and receive from the director of finance and the assessor (solicitor) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to the Town Manager. 9-2-3 On or before the e first day of November of each year, the Board of Selectmen, after consulting with the Town Manager, shall issue a policy statement relating to the budget for the ensuing fiscal year; The statement shall establish the outer limits of possible bUdget growth for the town. 25 9-2-4 All department heads, boards, committees, and commissions, shall submit their budget requests to the Town Manager at least one hundred and twenty days before the date of the annual town meeting or at an earlier time, as directed by the Town Manager. The Town Manager shall forward such budget requests to the Finance Committee forthwith. 9-2-5 At least ninety days prior to the scheduled date of the annual town meeting, the Town Manager shall submit to the Board of Selectmen and the Finance Committee a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6 The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes for the current year in financial policies, expenditures, and revenues, together with the reason for such changes; (d) summarize the town's debt position; and (e) include such other material as the Town Manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format as the Finance Committee may suggest, provided the format suggested is. compatible with the standards recommended by the state association of Finance Committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The Board of Selectmen shall within thirty days adopt the budget, with or without amendments, and submit it to the Finance Committee. The Board of Selectmen shall also transmit the budget request of the School Committee to the Finance Committee. 9-3-3 The Board of Selectmen shall be responsible for presenting the budget to the town meeting. 26 Section 4 Budget Adoption 9-4-1 The tOWn meeting shall adopt the budget, with or without amendments, prior to the beginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The Town Manager shall prepare a five-year capital improvements plan which shall include: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken dudng the next five years, together with supporting data; (c) cost estimates, methods of financing, and recommended time schedules; and (d) the estimated annual cost of operating and maintaining the facilities or equipment to be contracted or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition. 9-5-2 The capital improvements plan shall be submitted to Board of Selectmen at least one hundred and fifty days pdor to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the Finance Committee, which shall issue its recommendations as part of the annual Finance Committee report. Section 6 Notice of Public Hearing on Capital Improvements Plan 9-6-1 The Finance Committee shall conduct at least one public hearing on the proposed budget and Capital Improvements Plan and shall issue printed recommendations and detailed explanations on all financial articles including the Operating Budget and the Capital Improvements Plan in an Annual Finance Committee report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the Annual Town Meeting. In preparing its recommendations, the Committee may require the Town Manager, any town division, department, office, board, commission or committee to furnish it with appropriate financial reports and budgetary information. 9-7-1 At least ninety days before the end of the fiscal year, the Board of Selectmen shall retain a certified public accountant or accounting firm to conduct an audit of all accounts, books, records and financial transactions of 27 every division, department, office, board, commission or committee of the town and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-2 A copy of every auditor's report shall be filed with the Town Clerk, shall be a public record, and a summary thereof shall be published in the next Annual Town Report. Section 8 Limit on Spending 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the Finance Committee. 28 CHAPTER 10 PLANNING AND THE ENVIRONMENT Section 1 Powers and Duties of the Planning Board 10-1-1 7-1. A planning board shall be appointed as provided in clause 7- 10-t-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10-t-3 The board shall make recommendations to the Town Manager and to the Director of the Division of Planning and Community Development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development and periodic updating of a master or comprehensive plan. A summary of said plan shall be submitted to the Town Meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the Town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be'appointed by the Town Manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. ~ Section 4 Industrial Commission 10-4-1 An industrial commission of five members shall be appointed by the Town Manager for three-year overlapping terms. 29 10-4-2 The commission shall exercise such powers and duties as prescribed by general law, this charter, and by-law. Section 5 Coordination of Activities 10-5-1 It shall be the general responsibility of the Town Manager and/or the Director of the Division of Planning and Community Development, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission, and other boards, commissions, and committee, except the board of appeals, concerned with the physical, economic, and environmental development of the Town. 30 CHAPTER TRANSITIONAL PROVISIONS Section 1 Effective Date 11-1-1 Except as provided for in this chapter, this charter shall be in full effect on the first day of October following its adoption by the voters. 11-1-2 This charter shall be in partial effect upon its adoption by the voters to permit the Board of Selectmen to immediately commence to search for a Town Manager. The provisions of 4-1-3 shall be inapplicable to the first Town Manager search and appointment made under this charter, and the appointment shall be made effective of the first day of September following its adoption. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special laws, town by-laws, votes, rules and regulations pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. Section 3 Continuation of Government 11-3-1 Except as specifically provided'in this charter, all committees, commissions, councils, boards, departments, offices and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until successors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 11-4-1 Any person serving in the employment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the performance of said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade 31 11-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said term, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Section $ Transfer of Records and Property 11-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 11-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the Town Manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the division of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall continue to their normal expiration. As the term of each incumbent expires, the position may be filled by the Town Manager with the approval of the Board of Selectmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors 11-7-1 The terms of office of the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the Town Manager with the approval of the Board of Selectmen for term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions of clause 4-6-1. 32 Section 8 Planning Board l 1-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. Section 9 Boards Discontinued 11-9-1 On the effective date of this charter, the board of fire engineers, the personnel board, and the capital budget committee shall be discontinued. 11-9-2 The board of public works established by Chapter 379 of the Acts of 1906 may be abolished in accordance with the provisions of clause 4-6-'1. Section 10 Charter Amendment 1'1-10-t This charter may be replaced, revised, or amended in accordance with the procedures made available by Article eighty-nine of the amendments to the Constitution of the Commonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chapter 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions 11-11-t Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in this charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty nine of the amendments to the Constitution of the Commonwealth. (b) Town. The word "town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of town government. (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. 33 (e) Voters. The word "voters" shall mean registered voters of the Town of North Andover. (f) Multi-member Body. The words "multi-member body" shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has been declared elected and sworn to the faithful performance of duty by the Town Clerk. (h) He/his. The words "he" or "his" or any use of a masculine noun or pronoun in this charter shall include the feminine. (I) Elected officer. The words "elected officer" as used in 11-4-2 shall mean the Town Clerk, the highway surveyor, the collector-treasurer, and any other individual elected office, abolished or made appointive by this charter. 34 FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION TABLE OF CONTENTS BALLOT QUESTION AND BALLOT SUMMARY ............. ::. ;~. .... ......... iv INTRODUCTION ......................................................... v PREAMBLE .............. : .... . :.. .............: ....... :. ............. 1 CHAPTER I TOWN INCORPORATION, FORM OF GOVERNMENT, CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 1 1 AFTERWORD ............................................ AND POWERS ............................................ 1 TOWN MEETING ......................................... 2 BOARD OF SELECTMEN ................................... 3 THE TOWN MANAGER .................................... 5 TOWN ADMINISTRATIVE ORGANIZATION ................... 10 ELECTED TOWN BOARDS AND OFFICERS ................... 11 APPOINTED TOWN BOARDS ............................... 12 ELECTIONS ............................................. 14 FINANCIAL PROVISIONS AND PROCEDURES ................. 16 PLANNING AND THE ENVIRONMENT 19 TRANSITIONAL PROVISIONS .............................. 20 ................. 23 'iii BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charter recommended by the Char mission, summarized below?" ter Corn- BALLOT SUMMARY fi If approved by the voters, the Charter will become fully effective on the rst day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING, a five-person elected BQARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appoinl~ments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel ad~ainistration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional scho( commiitee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure of three divisions: FINANCF PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. iv TOWN OF NORTH AND_0__V_ER TOWN CHARTER JOYCE A. BRADSHAW, CMMC TOWN CLERK PREAMBLE We, the people of the Town of North Andover, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Commonwealth, do hereby adopt the following home rule charter for this town. CHAPTER t TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Section 1 Incorporation 1-1-1 The present town of North Andover, within its territorial limits as now or as may hereafter be established by law, is hereby continued as a body corporate and politic with perpetual succession under the name: Town of North Andover. Section 2 Form of Government 1-2-1 This charter provides for an Open Town Meeting - Board of Selectmen - Town Manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. 1-2-2 The town of North Andover is committed to the full participation of all citizens and to a policy of equal employment opportunity. The town will not discriminate against employees, applicants for employment, nor citizens engaged in any town sponsored activity on any legally recognized basis, including but not limited to race, age, color, religion, sex, marital status, sexual preference, national origin, disability or veteran status. Section 3 Scope and Construction of Town Powers 1-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statues of the Commonwealth as completely and fully as though they were expressly enumerated herein. 1-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall be deemed to limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Commonwealth, and the statutes thereof. Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutory provisions, the town 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 other towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail 1-5-1 To the extent that any specific provision of this charter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severebility of Charter 1-6-1 If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the 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. 2 Section CHAPTER 2 TOWN MEETING O~lanization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all bylaws, proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants 2-2-1 The Board of Selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed not more than sixty days, but at least forty-five days prior to the date for the meeting, provided that by unanimous vote, the Board of Selectmen may reopen the warrant in cases of emergency. 2-2-3 The warrant for each annual and special town meeting shall be posted in a public place in every precinct in the town at least seven days pdor to the annual town meeting and at least fourteen days prior to any special town meeting. 2-2-4 The warrant for each special town meeting town shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting. 3 Section 3 Procedums 2-3-1 The town meeting shall meet regularly between April twenty-eighth and May twenty-eighth, as specified in the town by-laws to consider and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continued on other days, until all articles in the warrant have been acted upon. Section 4 Special Town Meetings 2-4-1 A special town meeting may be called by the Board of Selectmen and shall be called by said board upon the request, in writing, of at least two hundred registered voters of the town. Section 5 Moderator 2-5-t A moderator, elected in accordance with the provisions of Chapter 6, shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the Finance Committee report. 2-6-2 The Town Clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 All ad hoc committees established by the town meeting shall be appointed by the moderator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditure shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 4 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meeting unless the Finance Committee shall have considered them previously and issued a written recommendation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on by the town unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 5 CHAPTER 3 BOARD OFSELECTMEN Section 1 The Board of Selectmen 3-1-1 A Board of Selectmen of five members shall be elected at-large for three-year overlapping terms. 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2-2 The Board of Selectmen shall cause the laws and orders 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. 3-2-3 The Board of Selectmen shall serve as the chief goal-setting and policy-making agency of the town and, as such, shall not normally administer the day-to-day affairs of the town, but shall instead regularly direct the Town Manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers, Duties, and Responsibilities 3-3-1 The Board of Selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. 6 Section 4 Powers of Investigation 3.4-1 The Board of Selectmen may conduct investigations and may authorize the Town Manager or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the Town Clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-5-t The Board of Selectmen shall act as the licensing authority of the Town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced, the laws, rules, and regulations relating to all businesses for which it issues licenses. 3-5-2 The Board of Selectmen shall be recognized as head of the town government for all ceremonial purposes. Section 6 Powers of Appointment 3-6-t The board shall have the power to appoint: (a) a Town Manager as provided in Chapter 4: (b) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (I) five members and three associate members of a zoning board of appeals for overlapping three-year terms. 3-6-2 The board shall also have the power to appoint town boards enumerated in Chapter 7, designated as Board of Selectmen appointees. 3-6-3 The boards enumerated in Chapter 7 shall be responsible to the Board of Selectmen through the Town Manager, and shall work cooperatively with the Town Manager, and be responsive to requests emanating from his office. 7 Section 7 Other Town Boards 3-7-1 The Board of Selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter established by general law, charter, by-law, or vote of the town meeting. 3 -7 -2 library trustees. The provisions of 3-7-1 shall be inapplicable to the board of Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the Board of Selectmen or its members shall not give orders to any town employee who is subject to the direction and supervision of the Town Manager either publicly or privately. 8 CHAPTER 4 THE TOWN MANAGER Section 1 Appointment 4-1-1 The Board of Selectmen, by an affirmative vote of at least four members, shall appoint a Town Manager for an indefinite term to serve at its pleasure. 4-1-2 The Board of Selectmen shall appoint a search committee of at least three people, not to include any member of the Board of Selectmen, for the purpose of recommending candidates for the position of Town Manager. 4-2-1 The Town Manager shall be appointed on the basis of education, executive and administrative qualifications and experience. Section 3 Duties 4-3-1 The Town Manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by- law under the control of the Board of Selectmen and of the Town Manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office dudng his term of appointment; and he shall not engage in any business activity during his term, except with the written consent of Board of Selectmen. He shall: (a) Attend all meetings of the Board of Selectmen, except when excused, and he shall have the right to speak but not to vote. (b) Assemble, prepare, and present to the Board of Selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) Be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law, this charter, and by-law. (d) Keep the Board of Selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) Keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) Solicit and prepare applications for grants. (g) Be responsible for the day-to-day administration of the town's personnel system. (h) Be responsible for the purchasing of all town services and departments, except those of the school department. (I) Make recommendations to the Board of Selectmen regarding vacancies in town offices and boards to be filled by the Board of Selectmen. (j) Be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veteran's services. (k) Develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (I) Distribute, or cause to be distributed, copies of the warrant and Finance Commiffee report for all town meetings to the residences of all registered voters. (m) Negotiate collective bargaining contracts on behalf of the Board of Selectmen, unless the board shall have designated another negotiator. (n) Perform such other duties as may be required by this charter, by-law, or vote of the Board of Selectmen. 10 Section 4 Responsibilities for Appointments 4.4-1 Subject to the approval of the Board of Selectmen, the Town Manager shall have the power to appoint and, on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: (a) a Town Clerk, (b) division and department heads, (c) a planning board (d) an industrial development financing authority, (e) an industrial commission, and (f) a board of health and/or a health agent. 4.4-2 The Town Manager shall also appoint, on the basis of merit and fitness alone, and except as may otherwise be provided by the General Laws, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove all full-time, part-time or seasonal employees, except those of the library trustees, the police and fire departments and the School Committee. All such appointments and removals shall be subject to disapproval by an affirmative vote of the Board of Selectmen taken within fourteen days, provided the vote is first taken at a Board of Selectmen's meeting at which five members are present and voting; otherwise, if less than five members are present and voting, such disapproval shall only require three votes. Section 5 Responsibilities in Personnel Administration 4-5-1 The Town Manager shall administer and enforce collective bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-5-2 After consultation with the Board of Selectmen, the Town Manager shall from time to time propose, and the town meeting may adopt, with or without amendment, personnel by-laws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: (a) The classification of positions, based on duties, responsibilities, and authority of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances. (b) Salary and pay plan for all positions. (c) Methods of determining the merit and fitness of candidates for appointment and promotion. 11 (d) Policies and procedures regulating reduction in force and removal of employees. (e) Hours of work, attendance regulations, and provisions for sick, vacation, military and other leave. (f) Policies and procedures goveming persons holding provisional appointments. (g) Policies and procedures governing relationships with employee organizations. (h) Policies regarding in service training programs. (i) Grievance procedures for the hearing of grievances. (j) Such other practices and procedures as may be necessary for the administration of the personnel system. Section 6 Responsibilities for Administrative Reorganization 4-6-1 The Town Manager may, with the approval of the Board of Selectmen, establish, reorganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the Board of Selectmen, and shall not become effective until the position has been funded by a vote of the Town Meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the Town Manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. 12 Section 8 Evaluation 4-8-1 The Board of Selectmen shall annually evaluate the performance of the Town Manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8 -2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The Board of Selectmen, by the affirmative vote of at least three members, may initiate the removal of the Town Manager by adopting a resolution to that effect, stating the reasons therefor, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the Town Manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the Town Manager in person, or sent by registered mail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the Town Manager may file a written request for a public headng. If such a hearing is requested, the board shall schedule it within two weeks and it shall be held in public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time, and date to be posted in the town hall and in three other places of public access within the town. 4-9-4 The moderator shall preside at such hearing. 4-9-~ At any such hearing, the reasons for the removal shall first be read aloud. The Town Manager shall then have the right to respond, either personally or through counsel. The Board of Selectmen and the Town Manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any Town Manager shall be effected by the affirmative vote of at least three members of the Board of Selectmen at a public 13 meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the Town Manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4-9-7 The Town Manager shall provide the Board of Selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the Town Manager, the Board of Selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section 11 Acting Town Manager 4-11-1 The Board of Selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and perform the duties of Town Manager during any vacancy caused by the temporary absence or suspension, or removal, resignation, or death of the Town Manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as Town Manager. 14 CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION Section 1 General 5-t-1 The administrative functions of the town government shall be performed within the organizational framework of several divisions and departments. 5-1-2 The divisions should include: (a) division of finance and administration; (b) division of planning and community development; and (c) division of public works, and include other divisions, as the Town Manager may establish with the approval of the Board of Selectmen. 5-1-3 The departments shall include the office of Town Clerk, a police department, a fire department and such other departments as the Town Manager shall establish, with the approval of the Board of Selectmen. 5-1-4 Responsibility for the functions administered within the divisions shall be vested in the Town Manager, who may organize these responsibilities, as necessary with the approval of the Board of Selectmen by an affirmative vote. 5-1-5 The Town Manager, with the approval of the Board of Selectmen, should designate those divisions to be supervised by a director and those, if any, to be supervised by the Town Manager. If the manager is designated to act as director of one or more divisions, he should in the first occurrence only serve in such additional capacity without additional compensation. 5-1-6 With the approval of the Town Manager a division director, other than the manager, may designate himself as head of one or more departments within his respective division, but if so designated he shall serve in such additional capacity without additional compensation. Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disbursements, purchasing, and others of a fiscal nature shall be carried out within a division of finance. 15 Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, and community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5-4-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a division of public works. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the Board of Selectmen. Section 7 Fire Department 5-7-t A fire department shall be established under a fire chief, who shall be appointed by the Board of Selectmen. 16 CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section 1 General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high School Committee representative, a Board of Selectmen as provided in Chapter 3, a housing authority, and a School Committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws. 6-1-3 Dudng the term for which he is elected, and for one year following expiration of his term, no officer or member of any board or commission established under this chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as othenNise provided, vacancies in elected town boards established under this charter shall be filled by the Board of Selectmen together with the remaining members of the respective board, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the Finance Committee; (c) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-1 and (d) preside at any hearing called to discuss the suspension or removal of the Town Manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. 17 Section 5 School Committee 6-$-1 A School Committee large for three-year overlapping terms. Section 6 Housing Authority of five members shall be elected at 6-6-1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. 18 CHAPTER 7 APPOINTED TOWN BOARDS Section 1 Zoning Board of Appeals 7-1-1 A zoning board of appeals of five members and three associate members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 4 Historical Commission 7-4-1 A historical commission of seven members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 5 Recreation Council 7-5-1 A recreation council of nine members shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 6 AfL~ Council 7-6-t An arts council of an indefinite, but odd, number shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 A planning board of five members shall be appointed by the Town Manager for three-year overlapping terms. 19 Section 8 Board of Health 7-8-1 A board of health of three members shall be appointed by the Town Manager for three-year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the Board of Selectmen, in accordance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Youth Services Commission 7-10-1 A youth services commission for an indefinite, but odd, number shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 11 Disability Commission 7-'1'1-1 A commission on disability issues of an indefinite, but odd, number shall be appointed by the Board of Selectmen for three-year overlapping terms. Section 12 Change in Composition of Appointed Town Boards 7-t2-1 The Town Meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist of an odd number of members. Section 13 Town Boards, Commissions, and Committees 7-13-1 Multi-member boards established by this charter shall possess and exercise all powers given to them under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 20 7-t3-2 All boards, commissions, and committees of the town shall: (a) organize annually: (b) elect a chairman and other necessary officers:(c) establish a quorum requirement for their meetings in accordance with general law: (d) adopt rules of procedure and voting: and (e) maintain minutes and all other records of proceedings, copies of which shall be public record and filed monthly with the Town Clerk. 7-13-3 All such boards shall meet with the Board of Selectmen at least once in each year. 7-t3-4 All such boards shall conduct their meetings in accordance with the open meeting provisions of the open meeting law, Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-13-6 Members of boards established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term, no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such board. 7-13-6 Any person duly appointed to any office or board shall take up the duties of his office immediately, provided that he first shall have been sworn to the faithful performance of his duties by the Town Clerk. 7-13-7 The unexcused absence of a member from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. VVhen such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days. 7-14-~ The Board of Selectmen by an affirmative vote may create additional appointed town boards and assign powers under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law or vote of the town meeting. 21 CHAPTER8 ELECTIONS Section 1 Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on the first Tuesday in Mamh of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Votem 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-1 Any person duly elected to any office or board shall take up the duties of his office immediately following certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may 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 voter the first named on such affidavit a sufficient number of copies of petition blanks demanding such recall, pdnted forms which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and official seal attached thereto. They shall be dated and addressed to the Board of Selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall be demand the election of a successor to such office. 22 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of registered voters. The recall petition shall be returned to the Town Clerk within 20 working days after the filing of the affidavit. 8-5-4 The Town Clerk shall within twenty-four hours of receipt submit the petition to the registrars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are named of registered voters. 8-5-5 If the petition shall be found and certified by the Town Clerk to be sufficient he shall submit the same with his certificate to the Board of Selectmen. The Board of Selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than forty-five nor more than sixty days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate, the Board of Selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. The nominations of 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 general law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 23 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexplored term, but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 The form of the question to be voted upon shall be substantially as follows: "shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-5-9 No person having been removed from office by recall or having resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years following said removal or resignation. 24 CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section I Finance Committee 9-1-1 A Finance Committee of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the Finance Committee shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first shall have been sworn to the faithful performance of his duties by the Town Clerk. 9-1-3 Vacancies in the Finance Committee shall be filled by the moderator within thirty days after he has been notified, in writing, of the vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the Town Clerk. 9-1.4 No member of the Finance Committee shall hold any other elected or appointed town office. Section 2 Submission of Budget and Budget Message 9-2-t On or before the first day of October of each year, the Town Manager shall request and receive from the director of finance and the assessor (solicitor) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to the Town Manager. 9-2-3 On or before the first day of November of each year, the Board of Selectmen, after consulting with the Town Manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 25 9-2-4 All department heads, boards, committees, and commissions, shall submit their budget requests to the Town Manager at least one hundred and twenty days before the date of the annual town meeting or at an earlier time, as directed by the Town Manager. The Town Manager shall forward such budget requests to the Finance Committee forthwith. 9-2-S At least ninety days prior to the scheduled date of the annual town meeting, the Town Manager shall submit to the Board of Selectmen and the Finance Committee a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6 The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes for the current year in financial policies, expenditures, and revenues, together with the reason for such changes; (d) summarize the town's debt position; and (e) include such other material as the Town Manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format as the Finance Committee may suggest, provided the format suggested is compatible with the standards recommended by the state association of Finance Committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The Board of Selectmen shall within thirty days adopt the budget, with or without amendments, and submit it to the Finance Committee. The Board of Selectmen shall also transmit the budget request of the School Committee to the Finance Committee. 9-3-3 The Board of Selectmen shall be responsible for presenting the budget to the town meeting. 26 Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amendments, prior to the beginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The Town Manager shall prepare a five-year capital improvements plan which shall include: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the next five years, together with supporting data; (c) cost estimates, methods of financing, and recommended time schedules; and (d) the estimated annual cost of operating and maintaining the facilities or equipment to be contracted or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition. 9-5-2 The capital improvements plan shall be submitted to Board of Selectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the Finance Committee, which shall issue its recommendations as part of the annual Finance Committee report. Section 6 Notice of Public Hearing on Capital Improvements Plan 9-6-1 The Finance Committee shall conduct at least one public hearing on the proposed budget and Capital Improvements Plan and shall issue printed recommendations and detailed explanations on all financial articles including the Operating Budget and the Capital Improvements Plan in an Annual Finance Committee report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the Annual Town Meeting. In preparing its recommendations, the Committee may require the Town Manager, any town division, department, office, board, commission or committee to furnish it with appropriate financial reports and budgetary information. 9-7-1 At least ninety days before the end of the fiscal year, the Board of Selectmen shall retain a certified public accountant or accounting firm to conduct an audit of all accounts, books, records and financial transactions of 27 every division, department, office, board, commission or committee of the town and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-2 A copy of every auditor's report shall be filed with the Town Clerk, shall be a public record, and a summary thereof shall be published in the next Annual Town Report. Section 8 Limit on Spending 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the Finance Committee. 28 CHAPTER 10 PLANNING AND THE ENVIRONMENT Section 1 Powers and Duties of the Planning Board 10-1-1 7-1. A planning board shall be appointed as provided in clause 7- t0-1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. t0-1-3 The board shall make recommendations to the Town Manager and to the Director of the Division of Planning and Community Development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development and periodic updating of a master or comprehensive plan. A summary of said plan shall be submitted to the Town Meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the Town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the Town Manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. Section 4 Industrial Commission 10-4-1 An industrial commission of five members shall be appointed by the Town Manager for three-year overlapping terms. 29 10-4-2 The commission shall exercJse such powers and duties as prescribed by general law, this charter, and by-law. Section 5 Coordination of Activities 10-5-1 It shall be the general responsibility of the Town Manager and/or the Director of the Division of Planning and Community Development, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission, and other boards, commissions, and committee, except the board of appeals, concerned with the physical, economic, and environmental development of the Town. 30 CHAPTER TRANSITIONAL PROVISIONS Section 1 Effective Date 11-1-1 Except as provided for in this chapter, this charter shall be in full effect on the first day of October following its adoption by the voters. 11-1-2 This charter shall be in partial effect upon its adoption by the voters to permit the Board of Selectmen to immediately commence to search for a Town Manager. The provisions of 4-1-3 shall be inapplicable to the first Town Manager search and appointment made under this charter, and the appointment shall be made effective of the first day of September following its adoption. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special laws, town by-laws, votes, rules and regulations pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. Section 3 Continuation of Government 11-3-1 Except as specifically provided in this charter, all committees, commissions, councils, boards, departments, offices and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until successors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel tl-4-1 Any person serving in the employment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the performance of said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade 31 tt-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said term, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Section 5 Transfer of Records and Property 11-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 11-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the Town Manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the division of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall continue to their normal expiration. As the term of each incumbent expires, the position may be filled by the Town Manager with the approval of the Board of Selectmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors 11-7-1 The terms of office of the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the Town Manager with the approval of the Board of Selectmen for term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions of clause 4-6-1. 32 Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. Section 9 Boards Discontinued 11-9-1 On the effective date of this charter, the board of fire engineers, the personnel board, and the capital budget committee shall be discontinued. 11-9-2 The board of public works established by Chapter 379 of the Acts of 1906 may be abolished in accordance with the provisions of clause 4-6-1. Section 10 Charter Amendment 11-10-1 This charter may be replaced, revised, or amended in accordance with the procedures made available by Article eighty-nine of the amendments to the Constitution of the Commonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chapter 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions 11-11-1 Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in this charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty nine of the amendments to the Constitution of the Commonwealth. (b) Town. The word "town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of town government. (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. 33 (e) Voters. The word "voters" shall mean registered voters of the Town of North Andover. (f) Multi-member Body. The words "multi-member body" shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has been declared elected and sworn to the faithful performance of duty by the Town Clerk. (h) He/his. The words "he" or "his" or any use of a masculine noun or pronoun in this charter shall include the feminine. (I) Elected officer. The words "elected officer" as used in 11-4-2 shall mean the Town Clerk, the highway surveyor, the collector-treasurer, and any other individual elected office, abolished or made appointive by this charter. 34 TOWN OF NORTH ANDOVER CHARTER REVIEW COMMITTEE RECOMMENDATIONS TO THE BOARD OF SELECTMEN March 8, 1994 CHARTER REVIEW COMMITTEE Eric W. Bakerman, Chairman Mary G. Windle, Clerk Joseph Averka Stephen Bullis Joseph W. Lawlor Thomas W. McGee Vincent G. Rauscher TO~I~ OF NORTH ANDOVER CHARTER REVIEW COI~ITTEE RECONNEND~TIONS TO THE BOARD OF SELECTMEN MARCH 8, 1994 GENERAL RECOMMENDATIONS The Charter review committee, by majority vote, recommends that Town Meeting initiate a formal Charter Review with an elected Charter Review Commission, for the purpose of consid- ering for adoption by the Town, a representative town meeting form of government. The committee also recommends the creation of a by-law review committee consisting of seven members to be appointed by the board of selectmen. SPECIFIC RBCOMMEND~TIONS ChaDter One To add Chapter 1, Sec. 2.2, to read as follows: The Town of North Andover is committed to the full participation of all citizens and to a policy of equal employment opportunity. The Town will not discriminate against employees, applicants for employment, nor citizens via their involvement in any Town sponsored activity on any legally recognized basis including, but not limited to race, age, color, religion, sex, marital status, sexual preference, national origin, disability or veteran status. Chapter Two To amend Chapter 2, Sec. 2.2, to read as follows:. The warrant for each town meeting shall be closed not more than sixty (60) days, but at least forty-five (45) days prior to the date for the meeting, provided that, by unanimous vote, the board of selectman may reopen the warrant in cases of emergency. To amend Chapter 2, Sec. 2.3, by striking the words: "shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting, and" To add Chapter 2, Sec. 2.4, to read as follows: The warrant for each special town meeting shall be CHARTER REVIEW COMMITTEE RECOMMENDATIONS TO THE BOARD OF SELECTMEN MARCH 8, 1994 Page 2 published in a newspaper of general circulation within the town at least seven days prior to the meeting. To amend Chapter 2, Sec. 3.1, by striking the words: "on the first Monday in May at 7 PM" and replace with "between April 18 and May 28 as specified in the Town By 1 aws". To amend Chapter 2, Sec. 8.2, by adding the words: "at least three days prior to the town meeting" at the end of the first sentence. Chapter Three To amend Chapter 3, Sec. 6.2, to read as follows: The board shall also have the power to appoint town boards enumerated in Chapter 7. To amend Chapter 3, Sec. 6.3, by replacing the words "clause 3-6-2" with "Chapter 7". To amend Chapter 3, Sec. 8.1, to read as follows: Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall not give orders to any town employee who is subject to the direction and supervision of the town manager either publicly or privately. Chapter Four To amend Chapter 4, Sec. 1.1, by adding the words: The town manager need not be a resident of th~ town when appointed but shall become a resident within ninety days after the start of his contract. To amend Chapter 4, Sec. 1.2 to read as follows: The board of selectmen shall appoint a search committee of an indefinite, but odd number for the purpose of recommending candidates for the position of Town Manager. The board of selectmen, by an affirmative vote, may act as the search committee. To amend Chapter 4, Sec. 2.1 to read as follows: The town manager shall be appointed on the basis of educational, executive and administrative qualifications CHARTER REVIEW COMMITTEE RECOMMENDATIONS TO THE BOARD OF SELECTMEN MARCH 8, 1994 Page 3 and experience. To amend Chapter 4, Sec. 4.1 by striking at the end: "and (g) a board of public works until such time as said board is abolished." To amend Chapter 4, Sec. 4.2 to read as follows: The town manager shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove all full,time, part-time, or seasonal employees, except those of the library trustees, the police and fire departments, and the school committee. All such appoint- ments and removals shall be subject to disapproval by an affirmative vote of the board of selectmen taken within 14 days. Chapter Five To amend Chapter 5, Sec 1.2, to read as follows: The divisions should include: (a) a division of finance, (b) a division of planning and community development, and (c) a division of public works, and include other divisions as the town manager may establish with the approval of the board of selectmen. To amend Chapter 5, Sec 1.4, to read as follows: Responsibility for the functions administered within the divisions shall be vested in the town manager, who may organize these responsibilities as necessary with the approval of the board of selectmen by an affirmative vote. To amend Chapter 5, Sec. 1.5, by replacing the word "shall" with the word "should". To delete Chapter 5, Sec. 5.1 in its entirety. To add Chapter 5, Sec. 8.1, to read: The aforementioned persons shall within become a legal resident of the Town. Chapter Six To delete Chapter 6, Sec. 5.2 in its entirety. ninety days, Chapter Seven CHARTER REVIEW COMMITTEE RECOMMENDATIONS TO THE BOARD OF SELECTMEN MARCH 8, 1994 Page 4 To amend Chapter 7, Sec. 7.1 by replacing the words "town manager" with the words "board of selectmen". To insert a new Chapter 7, Sec. 10.1 to read as follows: A youth services commission of an indefinite, but odd, number shall be appointed by the board of selectmen for three year overlapping terms. To insert a new Chapter 7, Sec. 11.1 to read as follows: A commission on disability issues of an indefinite, but odd, number shall be appointed by the board of selectmen for three year overlapping terms. To insert a new Chapter 7, Sec. 14.1 to read as follows: The board of selectmen by an affirmative vote, may create additional appointed town boards and assign powers under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. Chapter Eiaht To amend Chapter 8, Sec. 1.1, to read as follows: The regular election for all town offices shall be by official ballot held on the first Tuesday in November of each year. To amend Chapter 8, Sec. 4.1, to read as follows: Any person duly elected to any office or board shall take up the duties of office on January I following the election certification. Chapter Nine To amend Chapter 9, SeC. 2.4, to read as follows: Ail department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 120 days before the date of the annual town meeting. The School Department budget shall be submitted to the Advisory Board at least 120 days before the date of the annual town meeting. To amend Chapter 9, Sec. 2.5, to read as follows: At least 90 days prior to the scheduled date of the CHARTER REVIEW COI~TTTEE RECOM~ENDAT'~ONS TO THE BOARD OF SELECTMEN MARCH 8, 1994 Page 5 annual town meeting, the town manager shall submit to the board of selectmen and the advisory board a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. To amend Chapter 9, Sec 3.1 by striking the words: "and submit it to the advisory board" at the end of the first sentence. To delete Chapter 9, Sec. 3.2. To amend Chapter 9, Sec. 6.1 to read as follows: The advisory board shall conduct at least one public hearing on the proposed budget and capital improvements plan and shall issue printed recommendations and detailed explanations on all financial articles including the operating budget and the capital improvements plan in an annual advisory board report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the annual town meeting. In preparing its recommendations, the board may require the town manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. To amend Chapter 9, Sec. 5.2, by changing the number "150" to "120". To amend Chapter 9, Sec. 7.1 to read as follows: At least ninety days before the end of each fiscal year, the board of selectmen shall retain a certified public accountant or accounting firm to conduct an audit of all accounts, books, records, and financial transac- tions of every division, department, office, board, commission, or committee of the town, and to file its report within 120 after the end of the fiscal year. To delete Chapter 9, Sec. 7.2 in its entirety. FINAL REPORT TOWN OF NORTH ANDOVI=R CHARTER COMMISSION TABLE OF CONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE .............................................................. CHAPTER I TOWN INCORPORATION. FORM OF GOVERNMENT. AND POWERS ............................................ CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER $ TOWN ADMINISTRATIVE ORGANIZATION ................... CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER ? APPOINTED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............................................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER 10 PLANNING AND THE ENVIRONMENT ....................... CHAPTER I 1 TRANSITIONAL PROVISIONS .............................. AFTERWORD ............................................................ 1 $ 10 11 12 14 16 19 20 23 iii INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work. and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion.of each charter'commission meeting to public input, and by conducting several public bear- ings. Ttie last public hearing was well attended and produced a number of valuable suggestions. As a result of that hearing, the Charter Commission made a number of, changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Main Features Enumerated The main features are: To retain the Open Town Meeting. This decision was. prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. The Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. The Charter ~nticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief, fire chief, town accoun- tant) and investigation. A Town Manager. The Charter empowers the Board of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions. The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by coordinating the work. in a planned and systematic way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Selectmen. the Town Manager and the Advisory Board. Henceforth the Advisory Board will devot, its total energies to the development of good advice for the town meeting, relating to both the operating and capital budgets. The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson. Vice-Chairman Dennis L. Currier. Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vii 3-I-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the board of selectmen. The board of selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth. and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2-2 The board 'of selectmen'shall cause the laws and orders 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. 3-2-3 The board of selectmen shall serve as the chief goal-sett'ng and policy-making agency of the town and, as such, shall not normally administer the day-to-a ' affairs of the town, but shall instead regularly direct the town manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers, Duties, and Responsibilities 3-3-1 The board of selectmen shall have the power to enact rules and regulations establishing .t town policies, not otherwise governed b~.general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. Section 4 Powers of Investigation 3-4-1 The board of selectmen r~ay conduct investigations and may authorize the town manager or other agent to investigate the affairs of the town and the conduct of any town department. office, or agency, including any doubtful claims against the town, and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-5-1 The board of selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced.'the laws. rules, and regulations relating to all businesses for which it issues licenses. Section 5 Responsibilities in Personnel Administration 4.5-1 The town manager shall administer and enforce collectiv~ bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-5-2 After consultation with the board of selectmen, the town manager shall from time to time propose, and the town meeting may adopt, with or without amendment, personnel by-laws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: (a) the classification of positions, based on duties, responsibilities, and authority of each posi- tion. with adequate provision for reclassification of any position whenever warranted by changed circums~ance~. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointment and promotion. (d) policies and procedures regulating reduction in force and removal of employees. (e) hours of work, attendance regulations, and provisions for sick, vacation, military and other leave. (f') policies and procedures governing pe~s~)ns holding provisional appointments. (g) policies and procedures governing relationships with employee organizations. (h) policies regarding inservice training programs. (i) grievance procedures for the hearing of grievances. 0) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-1 The town manager may, with the approval of the board of selectmen, establish, reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the board of selectmen, and shall not become effective until the position has been funded by a ¥ote of the town meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the town manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that ar least three selectmen shall approve all warrants in the manager's absence or in the event of' a vacancy in his office. Section 8 Evaluation 4-8-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate the removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the town manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the town manager in person, or sent by registered ~nail to his place of residence. 4-9-3 Within five days following the receipt of sugh resolution, the town manager may file a written request for a public hearing. [f such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time. and date to ~. posted in the town hall and in three other places of public access within the town. 4-9-4 The moderator shall preside at any such hearing. 4-9.5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectmen and the town manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held within seven days of such public hearing, if requested. [f no hearing has been requested, final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal The salary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal froTM office. 4-9-7 The town manager shall provide the board of selectmen with at least ninety days notice of an intended resignation, provided, however, that the boa~d may, at' its discretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section ! l Acting Town Manager 4-11-1 The board of selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and ·perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION .t Section ! General 5-1-1 The administrative functions of the town government shall be performed within the organizational framework of several .divisions and departments. 5-1-2 The divisions shall include: (a) a division of finance, (b) a'division of planning and com- munity development, and (c) a division of public works. 5-1-3 /he departments shall include the office of the town clerk, a police departvaent, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. 5-I-4 Responsibility for the functions administered within the three divisions shall be vested in the town manager. 5-1-5 The town manager, with the approval of the board of selectmen, shall designate those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the manager is designated to act as director of one or more divisions, he shall serve in such addi- tional capacity without additional compensation. 5-1-6 With the approval of the town manager a division director, other than the manager, may designate himself as head of one or mo. ~. departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. 10 Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disburse- ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, anti'community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community'development. Section 4 Division of Public Works 5-4-1 T.he administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 The Town Clerk 5-5-1 A town clerk shall be appointed by the tow0 manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fire Department ' ' 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section I General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee representative, a board of selectmen as provided in Chapter 3. a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law. this charter, and by-laws. II 6-1-3 During the term for which he is elected, and for one year following expiration of his term, no officer or member of any board or commission establisfted under ~his chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards established under this chapter shall be filled by the board of selectmen together with the remaining members of the respective board, in accordance with the provisions of.general law. Section 3 Moderator 6-3-1 A moderator shall be'elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the advisory board; (c) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-1 and (d) preside at any hearing called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. .t Section 5 School Committee A school committee of five members shall be elected at large for three-year overlapping 6-5-1 terms. 6-5-2 The school committee shall ~onduct a public hearing prior to submitting a budget to the town manager. The committee shall ha'~e preliminary summaries of its recommendations available at said hearing which shall be distributed to those requesting them. Section 6 Housing Authority 6-6-1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the Commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. CHAPTER 7 APPOINTED TOWN BOARDS Section 1 Zoning Board of Appeals 7-1.1 A zoning board of appeals of five members and three associate members shall be ap- pointed by t he board of selectmen for t hree-year overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the board of select- men for three-year overlapping terms. Sect/on 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 4 Historical Commission 7-4-1 A historical commission of seven members shall be appointed by the board of selectmen for t hree-year overlapping terms. Section 5 Recreation Council 7-5-1 A recreation council of nine members ghall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd, number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 A planning board of five members shall be appointed by the town manager for three-year overlapping terms. Section 8 Board of Health 7-8-1 A board of health of three memberg ghall be appointed by the town ma~.ager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of selectmen, in accordance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest estabLishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Town Boards. Commissions. and Committees 7-10-1 Multi-member boards established by this charter shall possess and exercise all powers given to them under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 13 7-10-2 All' boards, commissions, and committees of the town shall: (,a) organize annually: (b) elect a chairman and other necessary officers; (c) establish a' quorum ~equirement for their meetings in accordance with general law: (d) adopt rules of procedure and voting: and (e) maintain minutes and all other records of proceedings, copies of which shall be a public record and filed monthly with the town clerk. 7-10-3 All such boards shall meet with the board of selectmen at least once in each year. 7-10-4 All such boards shall conduct their meetings in accordance with the open meeting provi- sions of the open meeting law. Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-10-:5 Members of boards .established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term. no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such board. 7-10-6 Any person duly appointed to any office or board shall take up the duties of his office immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 7-10-7 The unexcused absence of a me~er from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days. Section 1 ! Change in Composition of Appointed Town Boards 7-11-1 The town meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist of an odd number of members. CHAPTER 8 ELECTIONS Section I Town Elections 8-1-1 The regular election t'or all town offices shall be by official ballot held on the-first Iv[on- day in March of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may I~erein be provided by this charter. 14 Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-t Any person duly elected to any office or board shall take up the duties of his office immediately following his certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. , 8-5-2 One percent of the registered voters of the town may 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 voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall,, printed forms which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated'~ the affidavit, and shall demand the election of a successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the filing of the affidavit. 8-5-4 The town clerk shall within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town, and the registrars shall within seven wot.king days certify thereon the number of signatures which are names of registered voters: 8-5-5 If the petition shall be found and certified by the town clerk to be sufficient he shall submit the same with his certificate to the board of selectmen. The board of selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fi. ed by them not less than forty-five nor more than sixty days after the date of the town clerk's certificate that a sufficient petition has been filed;provided, however, that if any other town election is to occur within ninet~ days afte~ the date of the certifi- cate, the board of selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. The nomina- tion of 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 general law relating to elections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired term, but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. [f the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a majority'(,ote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-5-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending..figainst him. shall be appointed to any town office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section I Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the moderator for three-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the advisory board shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first'sh~;ll have been sworn to the faithful performance of his duties by the town clerk. 9-1-3 Vacancies in the advisory board shall be filled by the moderator within thirty days after he has been notified, in writind, of th vacancy on the board. Any per~n appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 16 9-1-4 No member Of the advisory board shall hold any other elected or appoinIed town office. Section 2 Submission of Budget and Budget Message 9-2-1 On or before the first day of October of each year, the town manager shall request and receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to tl'.e town manager. 9-2:3 On or before the first day of November of each year, the board of selectmen, after con- suiting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 9-2-4 All department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting. 9-2-5 At least one hundred and twenty days prior to the scheduled date of the annual town meeting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6 The budget message shall explain the budget', both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (d} su~mmarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget shall provide a complete f'mancial plan for all town funds and activities and shall be in such format as the advisory board may suggest, provided the format sng~ested is com- patible with the standards recommended by the state association of finance committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The board of selectmen shall within thirty days adopt the budget, with or without amendments, and submit it to the advisory board. The board of selectmen shall also transmit the budget request of the school committee to the advisory board. 17 9-3-2 The advisory board shall conduct at least one public hearing on the,proposed budget and shall issue printed recommendations and detailed explanations on ~11 financial articles in an annual advisory board report, which shall be mailed or distributed to the residences of all registered ~,oters at least ten days prior to the scheduled date of the annual town meeting. In preparing its recom- mendations, the board may require the town manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. 9-3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting Shall adopt the budget, with or without amendments, prior to the be- ginning of the fiscal year. Section S Capital Improvements Plan 9-5-1 The town manager shall prepare a five-year capital improvements plan which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the next five fiscal years, together with supporting data; (c) cost estimates, methods of financing, and recommended .t~me schedules; and (d) the estimated annual cost of operating and maintaining the facilities or-equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process o f construction or acquisition. 9-~-2 The capital improvements plan shall be submitted to the board of selectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board report. Section 6 Notice of Public Hearing On Capital Improvement Plan 96-1 The advisory board shall publish, in one or more newspapers of gene.ral circulation in the town, the general summary of the capital improvements plan and a notice stating; (a) the times and places where copies of the capital improvements plan are available for inspection; and (b) the date, time, and place, not less than seven days following such publication, when the board shall conduct a public hearing on said plan, Section 7 Annual Audit 9-7-1 At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, books, records, and financial transactions of every divisior,, department, office, board, commission, and committee of the town government, including the school department. 18 9-7-2 If the board of selectmen has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting firm to make said audit, and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-3 A copy of every auditor's report shall be filed with the town clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending 9~-~-1 In the final month of any fiscal year no .division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER 10 PLANNING AND THE ENVIRONMENT Section 1 Powers and Duties of the Planning Board lO-l-I A planning board shall be appointed as provided in clause 7-7-1. 10-1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10-1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community developmeint on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan I !0-2-1 The board shall be responsible for the development, and periodic updating of a maste~r or comprehensive plan. A summary of said plan shall be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town. the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority · 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 19 Section 4 Industrial Commission , 10-4-1 An industrial commission of five members shall be appointed by the town manager for three-year overlapping terms. 10-4-2 The commission shall exercise such powers and duties as prescribed by general law. this charter, and by-law. Section 5 Coordination of Activities 10-5-1 It shall be the general responsibility of the town manager and/or the director of the divi- sion of planning and community deve.lopment, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission, and other boards, commissions, and committees, except the board of appeals, concerned with the physical, economic, and environmental development of the town. CHAPTER 11 TRANSITIONAL PROVISIONS Section I Effective Date 11-1-1 Except as provided for in this chap[er, this charter shall be in full effect on the first day of October following its adoption by the voters. 11-1-2 This charter shall be in partial effect upon its adoption by the voters to permit the board of selectmen, to immediately commence to search for. a town manager. The provisions of 4-1-3 shall be inapplicable to the first town manager search and appointment made under this charter, and the appointment shall be made effective on the first day of September following its adoption. Section 2 Continuation of Existing Laws I 1-2-1 Except as specifically provided in this charter all general laws, special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall cor~tinue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. Section 3 Continuation of Government I l-3-1 Except as specifically provided in this charter, all committees, commissions, councils, boards, departments, offices and other agencies of the town shall continue in existenc~and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 11-4-1 Any person serving in the em~'.oyment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the 2O performance of the said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade. 11-4-2 All elected officers in office on the first day following the adoption of this charter shall each be allowed to complete his term of office. At the expiration of said term, said incumbents shall be eligible for appointment to an appointed position in the town's employ. Secti6'n :5 Transfer of Records and Property 11-$-1 All records, property and equipment whatsoever of anY office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency, are assigned to such office or agency. Section 6 Public Works 1 I-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the town manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office. Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in the divi- sion of public works. 11-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term ofleach incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until the board is abolished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors I 1-7-1 The terms of office of the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be t-died by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions of clause 4-6-1. Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall contifiue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term of three years. 21 Section 9 Boards Discontinued : 11-%1 On the effective date of this charter, the board of fire engineers, the personnel board. and the capital budget committee shall all be discontinued. 1 I-9-2 The board of public works established by Chap. 379 of the Acts of 1906 may be abol- ished in accordance with the provisions of clause 4-6-1. Section 10 Charter Amendment i 1-10-1 This charter may be replaced, revised, or amended in accordance with the procedures made available by Article eighty-nine of the amendments to the Constitution oftheCommonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act. Section 1 ! Definitions 11-1 I-I Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in the charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty-nine of the amendments to the Constitution of the Commonwealth.. t (b)Town. The word "town" shatl mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of the town government. (d) Majority Vote. The words "~ajority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. (e) Voters. The word "voters" shall mean registered voters of the Town of North Andover. Multi-member Body. The words "multi-member body': shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has bee. n declared, elected and sworn to the faithful performance of duty by the town clerk. (h) He/his. Tile words "he" or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine. Ii) Elected officer. The words "elected officer" as used in I I-4-2 shall mean the ~0wn clerk. the highway surveyQr, tile collector-treasurer, and any other individual elected office. abolished or made appointive by this charter. AFTERWORD The Charter Commission's concluding observations, in this afterword, must bggin by acknowledg. lng the support, assistance and cooperation it has received from elected and appointed town boards. elected and appointed officials, and several department heads who have attended Charter Commis- sion meetings. The .Commission did not presume to deal with every matter or every suggestion that came up in the past' ten months. It has left matters of detail and implementation to the Board of Selectmen, to the future Town Manager, and. of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Future The pasSage of the Charter should prove to be the first page of a new chapter in North Andover's history. The Commission believes that the town manager plan will allow and promote improved budgeting, that the grouping of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, 6' ~v. attending public hearings, and by serving on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manager Search To ensure a smooth transition the Charter Commission recommends the appointment, by the Board of Selectmen, of a small committee. The committee would attempt to address, and resolve, issues related to the transition, and would help to initiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the first Town Manager. The committee would also help to deal with the organization of the town's three divisio n. 23 Revision of By-laws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the regal base study completed by the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the 'Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. , t 24 FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION A 'lYue Co~y TABLE OF CONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION PREAMBLE CHAPTER 1 TOWN INCORPORATION. FORM OF GOVERNMENT. . AND POWERS ............................................ I CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... 3 CHAPTER 4 THE TOWN MANAGER .................................... 5 CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... 10 CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... I I CHAPTER 7 APPOINTED TOWN BOARDS ............................... 12 CHAPTER 8 ELECTIONS ............................................. 14 CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. 16 CHAPTER I 0 PLANNING AND THE ENVIRONMENT ....................... 19 CHAPTER I1 TRANSITIONAL PROVISIONS .............................. 20 AFTERWORD ............................................................ 23 iii INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work. and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion of each charter'commission meeting to public input, and by conducting several public hear- ings. Ttie last public hearing was well attended and produced a number of valuable suggestions. As a result of that hearing, the Charter Commission made a number of. changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Main Features Enumerated The main features are: To retain the Open Town Meeting. This decision was prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. The Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. The Charter ~nticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief., f/re chieL town accoun- tant) and investigation. A Town Manager. The Charter empowers the Board of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions. The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by coordinating the work. in a planned'and systematic way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Selectmen. the Town Manager and the Advisory Board. Henceforth the Advisory Board will devot, its total energies to the development of good advice for the town .meeting, relating to both the operating and capital budgets. The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements m local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo. Chairman Martha Larson. Vice-Chairman Dennis L. Currier. Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter $. Lafond Joseph .I. Morkeski John Thompson vii TOWN OF NORTH ANDOVER · CHARTER PREAMBLE We, the people of the town of North Andover. Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Common- wealt-h, do hereby adopt the following home rule charter for this town. CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT. AND POWERS Section I Incorporation 1-1-1 The present town of North Andover. within its territorial limits as now or as may here- after be established by law. is hereby continued as a body corporate and politic with perpetual suc- cession under the name: Town of North Andover. Section 2 Form of Government i-2-1 This charter provides for an open town meeting-board of selectmen-town manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. Section 3 Scope and Construction of Town Powers 1-3-1 The town shall.possess, exercise, and qnjoy all powers possible under the constitution and statutes of the Commonwealth as completely and fully as though they were expressly enumerated herein. 1-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall bi deemed to limit in any way the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Common- wealth, and the statutes thereof. Section 4 Intergovernmental Relations i-4-1 Consistent with any applicable constitutional or statutory provisions, the town 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 other towns. civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail I-5-1 To the extent that any specific provision of this charter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severability of Charter 1-6-1 If any provision of this charter is held invalid, the other pt'ovisions of the charter shall not be affected thereby. [f the application of ~he charter or any of its provisions to any person or cir- cumstance is held invalid, the application of this charter and its provisions to other persons and circumstances shall not be affected thereby. CHAPTER 2 TOWN MEETING Section I Organization and Powers 2-1-1 The legislative'powers of the town shall be exercised by a town meeting open to all regis- tered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendments, all by-laws. proposed operating and capital improvement budgets, bond issues, and other financial proposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible under general law. Section 2 Warrants .t 2-2-1 The board of selectmen shall prepa~ the warrant for all town meetings. 2-2-2 The warrant ['or each town meeting shall be closed forty-five days prior to the date for the meeting, provided that, by unanimous vote, the board of selectmen may waive this requirement. in cases of emergenc~/. 2-2-3 The warrant for each annual and special town meeting shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting, and shall be posted in a public place in every precinct in the town at least seven day. s prior to the annual town meeting, and at least fourteen days prior to any special town meeting. Section 3 Procedures 2-3-l The town meeting shall meet regularly on the first Monday in May at 7 p.m. to consider and adopt an annual operating and capital budget, and to act on other matters. The meeting shall be continued on other days, until all articles in the warrant shall have been acted upon. Section 4 Special Town Meetings 2-4-1 Asp. ecial town meeting may be called by the board of selectmen and shall be called by said board upon the request, in writing, of at least two hundred registered voters of the town. Section 5 Moderator 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6. shall preside at all sessions of the town meeting. Section 6 Simplified Rules of Procedure 2-6-1 Rules of parliamentary procedure' in simplified form shall be prepared by the moderator and shall annually be included in the advisory board report. 2-6-2 The town clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section.7 Ad Hoc Committees 2-7-I All ad hoc committees established by the town meeting shall be appointed by the moder- ator, unless the motion establishing any such committee shall name the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal implications 2-8-1 All proposed operating expenditures shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meet- ing unless the advisory board shall have considered them.previously and issued a writt'en recommen- dation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at any special town meeting unless the proposed expenditure has beerhrecommended by the board of selectmen and the advisory board, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways, and all other similar matters relating to the environment shall not be voted on by the town meeting unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. CHAPTER 3 BOARD OF SELECTMEN Section 1 3-1-1 terms. The Board of Selectmen ' A board of selectmen of five members shall be elected at-large for three-year overlapping 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested tn the board of selectmen. The board of selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth. and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2.2 The board of selectmen'shall cause the laws and orders for thc government of the town to be enforced and shall 'cause an up-to-date record of all its official acts to be kept. 3-2-3 The board of selectmen ahall serve as the chief goal-set:'ng and policy-making agency of the town and, as such, shall not normally administer the day-to-~ ' affairs of the town, but shall instead regularly direct the town manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers, Duties, and Responsibilities 3-3-1 The board of selectmen shall have the power to enact rules and regulations establishing .t town policies, not otherwise governed by.general law, this charter, or by-law, provided, however. that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. Section 4 Powers of Investigation 3-4-1 The board of selectmen niay conduct investigations and may authorize the town manager or other agent to investigate the affairs of the town and the conduct of any town department. office, or agency, including any doubtful claims against the town. and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Responsibilities 3-5-I The board of selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of st, ch licenses, and to attach conditions and impose such restrictions as it considers to be in the pttblic interest, and further to enforce, or cause to be enforced.' the laws, rules, and regulations relating to all businesses for which it issues licenses. 3-5-2 The board of selectmen shall be recognized as head of the town government for all cere- monial purposes. Section 6 Powers of Appointment 3-6-1 The board shall have the power to appoint: (a) a town manager as provided in Chapter 4: Cb) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (f) three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (i) five mem- bers and three associate members of a zoning board of appeals for overlapping three-year terms. 3-6.2 The board shall also have the power to appoint town boards enumerated in Chapter 7. including: (a) a conservation commission; (b) a council on aging; (c) a historical commission; (d) a recreational council;and (e) an arts counc/]. 3-6-3 The boards enumerated in clause 3-6-2 shall be responsible to the board of selectmen through the town manager, and shall work cooperatively with the town manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The board of selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and fo~ whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter estab- lished by general law, charter, by-law, or vote of the town meeting. 3.7.2 The provisions of 3-7-1 shall be inapptic~.le to the board of library trustees. Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall deal with town officers and.employees who are subject to the direction and supervision of the town manager solely through the town manager and neither the board nor its members ~hall give orders to any such officer or employee, either publicly or privately. 3-8-2 Members of the board of selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the board of selectmen is the appointive authority. CHAPTER 4 THE TOWN MANAGER Section ! Appointment 4-1-1 The board of selectmen, by an affirmative vote of at least four members, shall appoint a town manager for an indefinite term to serve at its pleasure. 4-1-2 tn selecting a town manager, the board of selectmen shall searc, h for candidates by placing an advertisement in the International City Management AssOciation Newsletter or similar profes- sional publication and in at least two .newspapers having state-wide or regional circulation. 4-1-3 No person who has held either elective or appointive town office during the preceding twelve months shall be eligible for the position of town manager. Section 2 Qualifications 4-2.1 The town manager shall be appointed on the basis of educational, executive and adminis- trative qualifications and experience. The educational qualifications shall consist of at least a bachelor's degree, preferably in public administration, granted by an accredited degree.granting college or university. The professional experience Shall include at least five years of prior full time, compensated executive service in public or business administration. Alternatively, two years or more of professional experience and a master's degree in an appropriate discipline shall qualify any applicant. Section 3 Duties 4-3-1 The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by-taw und.er the control of the board of selectmen and of the town manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold. any elective office during his term of appointment;and he shall not engage in any business activity during hi~ term. except with the written consent of the board of selectmen. He shall: Ca) attend all meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. assemble, prepare and present to the board of selectmen all annual operating and capital budgets of the town and be responsible for the development anti annual revision of the capital improvements program. (c) be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law. this charter, and by-law.. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs. general problems, and administrative actions, and to this end shall submit quarterly reports to the board. (e) keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) solicit and prepare applications for grants. be responsible for the day-to-day administration of the town's personnel system. (h) be responsible for the purchasing of all town services and departments, excepting those of the school department. {i) make recommendations to the board of selectmen regarding vacancies in town offices and boards to be filled by the board of selectmen. O) be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veterans' services. (k) deve. lop. keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (1) distribute, or cause to be distributed, copies of the warrant and advisory board report for all town meetings to the residences of all registered voters. (m) negotiate collective bargaining contracts on behalf of the board of selectmen, unless the board shall have designated another negotiator, (n) perform such other duties as may be required by this charter, by-law, or vote of the board of selectmen. Section 4 Responsibilities for Appointments 44-1 Subject to the approval of the board ~of selectmen, the town manager shall have the power to appoint and. on the basis of merit and fitness alone, and except as fnay otherwise be provided by general law. this charter, or personnel by-laws, may suspend or remove: (a} a town clerk, (b) divi- sion and department heads. (c) a planning board. (d) an industrial development financing authority. (e) un industrial commission, (0 a board of health and/or a health agent, and (g) a board of public works until such time as said board is abolished. 44-2 The town manager shall also appoint, on the basis of merit and fitness alone, and. except as may otherwise be provided by general law, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove: (a) all town employees, including secretarial and clerical personnel; (b) other part-time secretarial and clerical employees, in consultation with the elected town officials to whom said employees report; (c) all employees of appointed town multi-member bodies: (d) one or more inspectors; and (e) all other full-time, part-time or seasonal employees. except those of the library trustees, the police and fire departments, and the school committee. All such appointments and removals shall ce subject to disapproval by four affirmative votes of the board of selectmen taken within 14 days. Section 5 Responsibilities in Personnel Administration 4-$-! The town manager shall administer and enforce collective bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-2-2 A£ter consultation with the board of selectmen, the town manager shall [.rom time to time propose, and the town meeting may adopt, with or without amendment, personnel by-taws and rules relating to all town positions, except those covered by collective bargaining contracts and those of the school department. Such by-laws shall provide for: ia) the classification of positions, based on duties, responsibilities, and authority of each posi- tion. with adequate provision for reclassification of any position whenever warranted by changed circ,rns~ances'. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointment and promotion. (d) policies and procedures regulating reduction in force and removal of employees. ge) hours of work. attendance regulations, and provisions for sick, vacation, military and other leave. (f) policies and procedures governing perspns holding provisional appointments. (g) policies and procedures governing relationships with employee organizations. (h) policies regarding inservice training programs. (i) grievance procedures ['or the hearing of grievances. O) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-1 The town manager may. with the approval of the board of selectmen· establish· reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the board of selectmen, and shall not become effective until the position has been funded by a vote of the town meeting, Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment .of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the town manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve all warrants in the manager's absence or in the event of a vacancy' in his office, Section 8 Evaluation 44-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate the removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the town manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the town manager in person, or sent by registered ~nail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the town manager may file a written request for a public hearing. [f such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time. and date to 6ff. posted in the town hall and in three other places of public access within the town. 4-94 The moderator shall preside at any such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectme~ and the town manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected .by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held within seven days of such public hearing, if requested. If no hearing has been requested, final removal may be effected by an affirmative vote of at least tt~ree members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The sa 'lary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4-9-7 The town manager shall provide the board of selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at' its discretion, shorten or waive such requirement. Section l0 Filling Vacancy 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section i i Acting Town Manager 4-1 l-I The board of selectmen shall designate, within 10 days, a town employee or other person to exercise t he rights and-perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager, The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER 5 Section ! General 5-1-1 The administrative TOWN ADMINISTRATIVE ORGANIZATION .t functions of the town government shall be performed within the o rganizat io hal framework o f several.divisio ns and departments. S-l-2 The divisions shall include: (a) a division of finance. (b) a'division of planning and com- munity development, and (c) a division of public works. S-1-3 The departments shall include the office of the town clerk, a police department, a fire department and such other departments as the town manager shall establish, with the approval of the board of selectmen. SLI-4 Responsibility for the functions administered within the three divisions shall be vested in the town manager. $-1-5 The town manager, with the approval of the board of selectmen, shall designate those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the manager is designated to act as director of one or more divisions, he shall serve in such addi- tional capacity without additional compensation. $-i-6 With the approval of the town manager a division director, other than the manager, may designate himself as head of one or mc,.~. departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. l0 Section 2 Division of Finance 5-2-I The administrative functions of assessment, tax and fee collections, receipts and disburse. ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization. and ·community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5-4-1 T.he administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 The Town Clerk 5-5-1 A town clerk shall be appointed by the tow.n manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fire Department 5-7-I A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section 1 General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee ~epresentative, a board of selectmen as provided in Chapter 3, a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law. this charter, and by-laws. I1 6-5-1 terms. 6-5-2 6-1-3 During the term for which he is elected, and for one year following expiration of his term, no officer or member of any board or commission establistfed under ~his chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respecnve office or board vacated. Section 2 Vacancies 6-2-1 Except as otherwise provided, vacancies in elected town boards established under this chapter shall be filled by the board of selectmen together with the remaining members or' the respective board, in accordance with the provisions of general law. Section $ ,~loderator 6-3-1 A moderator shall beelected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the advisory board; lc) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-1 and Cd) preside at any hearing called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. .t Section 5 School Committee A school committee of five members shall be elected at large for three-year overlapping The school committee shall ~onduct a public hearing prior to submitting a budget to the town manager. The committee shall have preliminary summaries of its recommendations available at said hearing which shall be distributed to those requesting them. Section 6 Housing Authority 6-6-1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the Commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. CHAPTER 7 APPOINTED TOWN BOARDS Section 1 Zoning Board of Appeals 7-1-1 A zoning board of appeals 'of five members and three associate members shall be ap- pointed by the board of selectmen for three?ear overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the board of select- men for three-year overlapping terms. Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 4 Historical Commission 7-4-1 A historical commission of seven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 5 Recreation Council 7-5-1 A recreation council of nine members ,~hall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-1 An arts council of an indefinite, but odd. number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 A planning board of five members shall be'appointed by the town manager for three-year overlapping terms. Section 8 Board of Health 7-8-1 A board of health of three memberg ~hall be appointed by the town manager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of ~electmen. in accordance with general law. Library Trustees A board of library trustees shall be established as provided by the bequest establishing the Section 9 7-9-1 library. 7 -9 -2 The board shall appoint the librarian and staff of the library. Section 10 Town Boards. Commissions. and Committees 7-10-1 Multi-member boards established by this charter shall possess and exercise all powers given to them under the Constitution and laws of the Commonwealth. and shall have and exercise such additional powers and duties as may be authorized by this charter, by-taw, or vote of the town meeting. 13 %10-2 Ali boards, commissions, and committees of the town shall: (,a) organize annually: (b) elect a chairman and other necessary officers: (c) establish a' quorum requirement for their meetings in accordance with general law: Cd) adopt rules of procedure and voting: and (e) maintain minutes and all other records of proceedings, copies of which shaJl be a public record and flied monthly with the town clerk. 7-10..3 All such boards shall meet with the board of selectmen at least once in each year. 7-10-4 All such boards shall conduct their meetings in accordance with the open meeting provi- sions of the open meeting law. Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-10-5 Members of boards established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term. no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such hoard. 7-10-6 Any person duly appointed to any office or board shall take up the duties of his office immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 7-10-7 The unexcused absence of a men~er from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days. Section 11 Change in Composition of Appointed Town Boards 7-1 I-1 The town meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shall always consist of an odd number of members. CHAPTER 8 ELECTIONS Section 1 Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on thefirst Mon- day in March of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. Section 2 Town Elections to be Nonpartisan 8-2-1 All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 8-4-1 Any person duly elected to any office or board shall take up the duties of his office immediately following his certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement or'he grounds fog recall. The town clerk shall thereupon deliver to the voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall,.printed forms which he shall keep available. The blanks shall be issued by the town clerk with hie signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name~of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated'ih the affidavit, and shall demand the election ora 1' successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the filing of the affidavit. 8-5-4 The town clerk shall within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town, and the registrars shall within seven wor.king days certify thereon the number of signatures which are names of registered voters~ 8-5-5 If the petition shall be found and certified by the town clerk to be sufficient he shall submit the same with his certificate to the board of selectmen. The board of selectmen shall, within three working days. give written notice by registered mail of the receipt of the certificate~to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter. order an election to be held on a date fi. ed by them not less than forty-five nor more than sixty 15 days after the date of the town clerk's certificate that a sufficient petition has been filed; provided. however, that if any other town election is to occur within ninet~ days at'tel the date or' the certifi- cate, the board of selectmen shall postpone the holding of the recall election to the date of such other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. /he nomina- tion of 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 general law relating to elections~ and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired term. but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective offk:er whose recall is sought ] be recalled?" The action of the voters to recall shall require a majority'~,ote, but shall not be effective unless the total of those voting t'or and against recall shall exceed twenty percent of the registered voters of the town. 8-:5-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending..4gainst him. shall be appointed to any town office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section I Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the moderator for ttlree-year overlapping terms. Three members shall be appointed annually. 9-1-2 Any person duly appointed to the advisory board shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first sha'll' have been sworn to the 'faithful performance o'f his duties by the town clerk. 9-1._l Vacancies in the advisory board shall be filled by the moderator within thirty days after he has been notified, in writing, of th vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 9-1-4 No member 0f the advisory board shall hold any other elected or appoinIed town Office. Section 2 Submission of Budget and Budget Message 9-2-I On or before the first day of October of each year, the town manager shall request and receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to tl'.e town manager. 9-2:-~ On or before the first day of November of each year, the board of selectmen, after con- suiting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 9-2-4 All department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 1 $0 days before the date of the annual town meeting. 9-2-5 At least one hundred and twenty days prior to the scheduled date of the annual town m.ecting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fi.~l year and an accompanying budget message. 9-2-6 The budget message shall explain the budget.both in fiscal te~'n~s and in terms of what specific projects are contemplated in the year ahead, k shall: (a) outline the proposed financial policies of the town for the ensuing fiscal year; (bi describe the important features of the budget; (c) indicate any major changes from the current year in f'manclal policies, expenditures, and revenues, together with the reasons for such changes; (d} summarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format'as the advisory board may suggest, provided thc format suggested is com- patible with the s{andards recommended by the state association of finance committees· The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-I The board of selectmen shall within thirty days adopt the budget, with or without amendments, and submit it to the advisory board. The board of selectmen shall also transmit the budget request of the school committee to the advisory board. 17 9-3-2 The advisor/board shall conduct at least one public hearing on the,proposed budget and shall issue printed recommendations and detailed explanations on ~ll financial articles in an annual advisory board report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the annual town meeting. In preparing its recom- mendations, the board may require the town manager, any town division, department, office. board, commission, or committee to furnish it with appropriate financial reports and budgetary information. 9-3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amendments, prior to the be- ginning of the fiscal year. Section 5 Capital Improvements Plan 9-$-i The town manager shall prepare a five-year capital improvements plan which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the next five fiscal years, together with supporting data; (c) cost estimates, methods of financing, and recommended .t~ae schedules; and (d) the estimated annual cost of operating and maintaining the ~'acilities or-equipment to be constructed or acquired. The above information may be revised and shaU be extended each year with regard to capital improvements pending or in the process of construction or acquisition. 9-5-2 The capital impwvements phn si'mil be submitted to the board of selectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall a~t thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board report. Section 6 Notice of Public Hearing On Capital Improvement Plan 9.6-1 The advisory board shall publish, in one or more newspapers of gene.ral circulation in the town, the general summary of the capital improvements phn and a notice stating; (a) the times and places where copies of the capital improvements p~an are available for inspection; and (b)the date. time, and place, not less than seven days following such publication, when the board shall conduct a public hearing on said plan. Section 7 Annual Audit 9-7-1 At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, books, records, and financial transactions of every division,, department, office, board, commission, and committee of the town government, including the school department. 18 9-7-2 If the board of selectmen has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting firm to make said audit, and to file its report within one hundred and twenty days after the end o£ the fiscal year, 9-7-3 A copy of every auditor's report shall be filed with the tOwn clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending 9~-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER ! 0 PLANNING AND THE ENVIRONMENT Section ! Powers and Duties of the Planning Board I0-1-1 A planning board shall be appointed as provided in clause %7-1. 10-1-2 The board shall exercise such powers and duties as prescribed by general law, this,charter, and by-law. 10-1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community developmernt on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development, and periodic updating of a master or comprehensive Plan. A summary of said plan shah be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 19 Section 4 Industrial Commission , 10-4-! An industrial commission of five members shall be appointed by the town manager for three-year overlapping terms. 10-4-2 The commission shall exercise such powers and duties as prescribed by general law, this charter, and by-law. Section 5 Coordination of Activities I0-$-1 It shall be the general responsibility of the town mar. ager and/or the director of the divi- sion of planning and community development, if appointed, to coordinate the activities of the town planner, the planning bo.ard, conservation commission, industrial authority, industrial commission, and other boards, commissions, and committees, except the board of appeals, concerned with the physical, economic, and environmental development of the town. CHA~I'ER 11 TRANSITIONAL PROVISIONS Section ! Effective Date 11-1-1 Except as provided for tn this chapier, this charter shall be in full effect on the ill'st day of October following its adoption by the voters. 1 i-i.2 This charter shall be in partial effect upon its adoption by the voters to permit the board of selectmen to immediately commence to search for a town manager. The provisions of 4-1-3 shall be inapplicable to the first town manager sea,ch and appointment made under this chart~, and the appointment shall be made effective on the first day of September following its adoption. Section 2 Continuation of Existing Laws ! 1-2-1 Except as specifically provided in this charter all general laws, special laws, town bY-laws. votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. Section 3 Continuation of Government I 1-3-1 Except as specifically provided in this charter, aU committees, commissions, councils. boards, departments, offices and other agencies of the town shall continue in existence'and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sors to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 1 1-4,1 Any person serving in the emp:oyment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the performance of the said duties by another person or agency; provided, however, that no person in the permanent, full-time service or employment of the town shall forfeit his pay grade or ,time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shah be eligible for appointment to a position at a higher pay grade. 11-4-2 All elected officers ha office on the first day following the adoption of this char/er shall each be allowed to complete his tei,~i of office. At the exphation of sa/d term, said incumbents shall be eligible for appointment to an appohated position in the town's employ. Section $ Transfer of Records and Property I 1-$-1 All records, property and equipment whatsoever of any office, department,or agency or part thereof, the powers and duties of which are assigned in whole or in part to another olffice or agency, are assigned to such office or agency. Section 6 Public Works ! 1-6-1 The provisions of this charter which relate to the establishment of a division of public works shall become effective sixty days after the town manager has been appointed. Upon this date, the highway surveyor shall become subject to the direction of the director of the division, for the remainder of his elected term of office, Upon the expiration of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appointment to a similar position in ~he divi- sion of public works. ! 1-6-2 The terms of office of the incumbent members of the board of public works shall con- tinue to their normal expiration. As the term ofleach incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until the board is aboiished in accordance with the provisions of clause 4.6-1, and its powers and duties are reassigned to the director of public works. Section 7 Board of Assessors 11-?-I The terms of office of the incumbent members of the board of assessors shall continue to their normal expiration. As the term of an incumbent expires, the position may be filled by the town manager with the approval of the board of selectmen for a term of one year. The board shall continue to discharge its duties until its powers and duties are reassigned in accordance with the provisions of clause 4-6-1. Section 8 Planning Board 11-8-1 The terms of office of the incumbent members of the planning board shall conCi~ue to their normal expiration. As the terms of office of planning board members expire, such positions shall be filled by appointment for a term bf three years. 21 Section 9 Boards Discontinued 1 !-9-1 On the effective date of this charter, the board of fire engineers, the personnel, board. and the capital budget committee shall all be discontinued. ! 1-9-2 The board of public works established by Chap. 379 of the Acts of 1906 may be abol- ished in accordance with the provisions of clause Section 10 Charter Amendment I 1-10-1 This charter may be replaced, revised, or amended in accordance with the procedures made available by Article eighty-nine of the amendments to the Constitution of the Commonwealth. commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions I !-! 1-1 Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in the charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to R made through any of the methods provided under Article eighty-nine of the amendments to the Constitution of the Commonwealth.. t (b) Town. The word "town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee. department or office of the town government. (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. (e) Voters. The word "voters" shall mean registered voters of the Town of North Andover. Multi-member Body. The words "multi-member body': shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. {g) Certification. The word "certification" shall mean that person has bee. n declared, elected and sworn to the faithful performance of duty by the town clerk. {h} He/his. Tile words "he" or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine. Elected officer. The words "elected officer" as used in I 1-4-2 shall mean the ~own clerk. the highway surveyor, the collector-treasurer, and any other individual elected office. abolished or made appointive by this charter, AFTERWORD The Charter Commission's concluding observations, in this afterword, must begin by acknowledg- ing the support, ass/stance and cooperation it has received from elected and appointed town boards. elected and appointed officials, and several department heads who have attended Charter Commis- sion meetings. The .Commission did not presume to deal with every matter or every suggestion that came up in the past' ten months. It has left matters of detail and implementation to the Board of Selectmen. to the future lown Manager, and. of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Future The passage of the Charter should prove to be the first page of a new chapter in North Ando~er's history. The Commission believes that the town manager plan will allow and promote improved budgeting, that the grouping of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, b' ~. attending public hearings, and by serving on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manager Search To ensure a smooth transition the Charter Commission recommends the appointment, by the Board of Selectmen, of a small committee. The commtttee would attempt to address, and resolve. issues related to the transition, and would help to initiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the first Town Manager. The committee would also help to deal with the o~anization of the town's three division. 23 Revision of By-laws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara. tion of the legal base study completed bY the Consultant in the past several months, has convinced the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. . t 24 n North a ED D FINAL REPORT TOWN OF NORTH ANDOVER CHARTER COMMISSION TABLE OF CONTENTS BALLOT QUESTION AND BALLOT SUMMARY ................................ INTRODUCTION ......................................................... PREAMBLE .............................................................. .CHAPTER I TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS .................. . ......................... CHAPTER 2 TOWN MEETING ......................................... CHAPTER 3 BOARD OF SELECTMEN ................................... CHAPTER 4 THE TOWN MANAGER .................................... CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION ................... CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS ................... CHAPTER 7 APPOINTED TOWN BOARDS ............................... CHAPTER 8 ELECTIONS ............................................. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES ................. CHAPTER 10 PLANNING AND THE ENVIRONMENT ....................... CHAPTER 11 TRANSITIONAL PROVISIONS .............................. AFTERWORD ............................................................ V 1 2 3 5 10 I1 12 14 16 19 20 23 iii BALLOT QUESTION The language to be used for the ballot question reads as follows: "Shall this town approve the new charter recommended by the Charter Com- mission, summarized below?" Yes I No BALLOT SUMMARY If approved by the voters, the Charter will become fully effective on the first day of October following its adoption by the voters. The Charter provides for an OPEN TOWN MEETING, a five-person elected BOARD OF SELECT- MEN, who, as the chief policy-making board, will make several key appointments, including a TOWN MANAGER. The Manager is given responsibilities in budget preparation, personnel administration and in appointments, which are subject to the approval or disapproval of the Selectmen. Other elected town officers and boards will be a moderator, a regional school committee repre- sentative, a housing authority, and a school committee. The Charter proposes an administrative structure of three divisions: FINANCE, PUBLIC WORKS, and PLANNING AND COMMUNITY DEVELOPMENT. iv INTRODUCTION TO THE FINAL REPORT The 1985 town elections produced an overwhelming support for the establishment of a Charter Commission. Since that time, the Charter Commission has been hard at work, and now submits its Final Report. Since its election, the Commission has been meeting weekly, debating all aspects of the town's government. The Commission invited citizen input by use of a questionnaire, by dedicating a portion of each charter commission meeting to public input, and by conducting several public hear- ings. The last public bearing was well attended and produced a number of valuable suggeStions, As a result of that hearing, the Charter Commission made a number of changes in the charter. The result is an even better document. Although the Charter must be read to be fully understood, its contents can be summarized, as is attempted below. The Main Features Enumerated The main features are: To retain the Open Town Meeting. This decision was prompted by the realization that the most important feature of New England democracy is the Open Town Meeting, which any registered voter may attend. The Commission believes that needed improvements can best be provided by by-law. To retain the Board of Selectmen. The Charter anticipates that the board will serve in a part-time capacity, but that it will serve as the principal policy-making board in town. The composition will remain as it is at present, five members, serving overlapping three-year terms. The Board of Select- men is also given specific powers of appointment (for example police chief, fire chief, town accoun- tant) and investigation. A Town Manager. The Charter empowers the Board of Selectment to appoint a professional Manager who will serve at the pleasure of the board. Safeguards are included to keep the appointee accountable to the Board of Selectmen. Consolidate Public Works functions, The Charter provides for the establishment of a coor- dinated, cost-effective department, which will allow the town to reap maximum economies, by sharing equipment and manpower, and by coordinating the work, in a planned and systematic way. Improved budget process. The Charter includes an improved budget process, that spells out the diverse responsibilities of the Board of Select.men, the Town Manager and the Advisory Board. Henceforth the Advisory Board will devote its total energies to the development of good advice for the town meeting; relating to both the operating and capital budgets. V Improved planning. The Charter is designed to enable the town to control its destiny. A higher level of cooperation between the various boards and officials that deal with the environment is pro- vided, by establishing a division of planning and community development. A shorter ballot. The Charter proposes that a number of traditional town offices'should remain elective. This means that the Board of Selectmen, the School Committee, the Housing Authority, the Moderator, and the Regional Technical High School Representative will continue to be elected. However, those positions which should be subordinate to the executive branch .have been made appointive. The Manager will make the appointments, usually with the approval of the Board of Selectmen. To protect existing elected offichls. The Charter provides that all elected officials should serve out their terms. Provisions have been included to protect those who have served the town well in recent years. Although no one is promised a promotion, everyone's job is protected. Conclusion The Charter CommissiOn's deliberations have been guided by four overarching principles. These are: To preserve the best of traditional town government. To provide a modern governmental structure that will enable the town to deal effectively with the pressures of population growth and creeping urbanization in a confident and effective manner. To provide a larger measure of accountability throughout the town's governmental structure. Appointed officials will be subject to disciplinary action, if they fail to do their job. Elected officials will be subject to recall, if they neglect their responsibilities. To provide improvements in several critical areas: management and administration; budget making and budget administration; coordination of public works; and improved municipal and fiscal planning. vi The Charter Recommended The Charter Commission believes that the adoption of the Charter will lead to improvements in local government. Accordingly the Charter Commission recommends the adoption of the Charter and urges a "Yes" vote at the forthcoming town elections. Ralph A. Barbagallo, Chairman Martha Larson, Vice-Chairman Dennis L. Currier, Clerk James C. Burke Philip A. Busby Kathleen M. Demers Peter J. Lafond Joseph J. Morkeski John Thompson vii TOWN OF NORTH ANDOVER CHARTER pREAMBLE We, the people of the town of North Andover, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the constitution of the Common- wealth, do hereby adopt the following home rule charter for this town. CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS Section 1 Incorporation 1-1-1 The present town of North Andover, within its territorial limits as now or as may here- after be established by law, is hereby continued as a body corporate and politic with perpetual suc- cession under the name: Town of North Andover, Section 2 Form of Government 1-2-1 This charter provides for an open town meeting-board of selectmen-town manager form of town government, and it shall be known by the title: North Andover Home Rule Charter. Section 3 Scope and Construction of Town Powers I-3-1 The town shall possess, exercise, and enjoy all powers possible under the constitution and statutes of the Commonwealth as completely and fully as though they were expressly enumerated herein. 1-3-2 The powers of the town under this charter shall be construed liberally in favor of the town, and no specific provision shall be deemed to limit in any ~vay. the general grant of powers that towns may exercise under the home rule amendments to the constitution of the Common- wealth, and the statutes thereof. Section 4 Intergovernmental Relations 1-4-1 Consistent with any applicable constitutional or statutory provisions, the town 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 other towns, civil divisions, subdivisions, or agencies of any state or the United States government. Section 5 Specific Provisions to Prevail 1-5-I To the extent that any specific provision of this charter shall conflict with any provision in general terms, the specific provision shall prevail. Section 6 Severability of Charter 1-6-1 If any provision of this charter is held invalid~ the other provisions of th,; ,,;,?,~r shall not be affected thereby. If the application of the charter or any of its provisions to *;,/;~rson or cir- cumstance is held invalid, the application of this charter and its provisions to e,~?'~'f ~,ersons and circumstances shall not be affected thereby. CHAPTER 2 TOWN MEETING Section 1 Organization and Powers 2-1-1 The legislative powers of the town shall be exercised by a town meeting ,tl*';' to all regis- tered voters of the town. 2-1-2 The town meeting shall consider and act upon with or without amendn~,'ttt~, ~sll by-laws, proposed operating and capital improvement budgets, bond issues, and other tin, ti' htl t,roposals of the town. 2-1-3 The town meeting shall possess and may exercise all powers possible und"t t~,~mvral law. Section 2 Wanants 2-2-1 The board of selectmen shall prepare the warrant for all town meetings. 2-2-2 The warrant for each town meeting shall be closed forty-five days prl~r~: to Ihe date for the meeting, provided that, by unanimous vote, the board of selectmen may waive I lfi~ ~,quirement, in cases of emergency. 2-2-3 The warrant for each annual and special town meeting shall be publisl~ed t~ m~ newspaper of general circulation within the town at least seven days prior to the meeting, and shall be posted in a public place in every precinct in the town at least seven days prior to the am~l~fi low~ meeting, and at least fourteen days prior to any special town meeting. Section 3 Procedures 2-3-1 The town meeting shall meet regularly on the Fa'st Monday in May at * ~' ~ ~o consider and adopt an annual operating and capital budget, and to act on other matters. Tl~,' ~,'ci~g shall be continued on other days, until all articles in the warrant shall have been acted upo~ , Section 4 Spec/al Town Meetings 24-1 A special town meeting may be called by the board of selectmen anti ,1~: :'" called by said board upon the request, in writing, of at least two hundred registered voters ,,t ~'x' .,,~'n. Section 5 Moderator 2-5-1 A moderator, elected in accordance with the provisions of Chapter 6. ':~': ,,,,side at all sessions o f the town meeting. Section 6 Simplified R~ules of Procedure 2-6-1 Rules of parliamentary procedure in simplified form shall be prepared by the moderator and shall annually be included in the advisory board report. 2-6-2 The town clerk shall make copies of the simplified rules available for distribution to those requesting them, to new voters at the time of registration, and to those in attendance at all sessions of the town meeting. Section 7 Ad Hoc Committees 2-7-1 Ail ad hoc committees established by the town meeting shall be appointed by the moder- ator, unless the motion establishing any such committee shall rome the members, provide for their election, or provide for a different appointive authority. Section 8 Articles Having Fiscal Implications 2-8-1 All proposed operating expenditures shall be included in a single, omnibus-type article in the town meeting warrant. In addition, all regular proposed capital improvements expenditures shall also be included in an omnibus-type article, devoted to capital expenditures. 2-8-2 Articles involving an expenditure of town funds shall not be voted on by the town meet- ing unless the advisory board shall have considered them previously and issued a written recommen- dation thereon. The chairman of the board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. 2-8-3 No article calling for the appropriation of funds shall be considered at any special town meeting unless the proposed expenditure has been recommended by the board of selectmen and the advisory board, acting separately at separate meetings. Section 9 Articles Having Environmental Implications 2-9-1 Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water lines, the acceptance of streets and ways', and all other similar matters relating to the environment shall not be voted on by the town meeting unless the planning board shall have considered them previously and issued recommendations thereon. The chairman of the planning board, or a designated representative, shall be present at the meeting to provide verbal explanations of the board's recommendations. CHAPTER 3 BOARD OF SELECTMEN Section I The Board of Selectmen 3-1-1 A board of selectmen of five members shall be elected at-large for three-year overlapping terms. 3-1-2 Vacancies in the office of selectmen shall be filled by special election in accordance with the provisions of general law. Section 2 Policy Leadership Responsibilities · 3-2-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the board of selectmen. The board of selectmen shall have all of the powers and duties given to boards of selectmen under the constitution and general laws of the Commonwealth, and such additional powers and duties as may be authorized by the charter, by by-law, or by any other town meeting vote. 3-2-2 The board of selectmen shall cause the laws and orders 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. 3-2-3 The board of selectmen shall serve as the chief goal-setting and policy-making agency of the town and, as such, shall not normally administer the day-to-day affairs of the town, but shall instead regularly direct the town manager to help it in carrying out its administrative duties, and make recommendations to the town meeting relating to actions required to be taken by that body. Section 3 General Powers, Duties, and Responsibilities 3-3-1 The board of selectmen shall have the power to enact rules and regulations establishing town policies, not otherwise governed by general law, this charter, or by-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been authorized by the town meeting. Section 4 Powers of Investigation 34-1 The board of selectmen may conduct investigations and may authorize the town manager or other agent to investigate the affairs of the town and the conduct of any town department, office, or agency, including any doubtful claims against the town, and for this purpose the board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the town clerk, and a report summarizing such investigation shall be printed in the next town report. Section 5 Specific Powers, Duties, and Respons~ilities 3-5-1 The board of selectmen shall act as the licensing authority of the town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further to enforce, or cause to be enforced, the laws, rules, and regulations relating to all businesses for which it issues licenses. 3-5-2 The board of selectmen shall be recognized as head of the town government for all cere- monial purposes. Section 6 Powers of Appointment - 3-6-1 The board shall have the power to appoint: (a) a town manager as provided in Chapter 4; (b) town counsel; (c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief; (e) a fire chief; (0 tlxree members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (i) five mem- bers and three associate members of a zoning board of appeals for overlapping three-Near terms. 3-6-2 The board shall also have the power to appoint town boards enumerated in Chapter 7, including: (a) a conservation commission; (b) a council on aging; (c) a historical commission; (d) a recreational council; and (e) an arts council. 3-6-3 The boards enumerated in clause 3-6-2 shall be responsible to the board of selectmen through the town manager, and shall work cooperatively with the town manager, and be responsive to requests emanating from his office. Section 7 Other Town Boards 3-7-1 The board of selectmen shall also have the power to appoint such other boards as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. The board shall also appoint such other boards as may be hereafter estab- lished by general law, charter, by-law, or vote of the town meeting. 3-7-2 The provisions of 3-7-1 shall be inapplicable to the board of library trustees. Section 8 Prohibitions 3-8-1 Except for the purpose of investigation authorized by this charter, the board of selectmen or its members shall deal with town officers and employees who are subject to the direction and supervision of the town manager solely through the town manager and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately. 3-8-2 Members of the board of selectmen shall be ineligible to serve on appointive town boards established by this charter or by-law to which the board of selectmen is the appointive authority. CHAPTER 4 TIlE TOWN MANAGER Section 1 Appointment 4-I-1 The board of selectmen, by an affirmative vote of at least four members, shall appoint a town manager for an indefinite term to serve at its pleasure. 4-I-2 In selecting a town manager, the board of selectmen shall search for candidates by placing an advertisement in the International City Management Association Newsletter or similar profes- sional publication and in at least two newspapers having state-wide or regional circulation. 4-1-3 No person who has held either elective or appointive town office during ~he preceding twelve months shall be eligible for the position of town manager. Section 2 Qualifications 4-2-1 The town manager shall be appointed on the basis of educational, executive and adminis- trative qualifications and experience. The educational qualifications shall consist of at least a bachelor's degree, preferably in public administration, granted by an accredited degree-granting college or university. The professional experience shall include at least five years of prior full time, compensated executive service in public or business administration. Alternatively, two years or more of professional experience and a master's degree in an appropriate discipline shall qualify any applicant. Section 3 Duties 4-3-1 The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by general law, this charter or by-law under the control of the board of selectmen and of the town manager. 4-3-2 He shall devote his full working time to the duties of his office; he shall not become a candidate for, or hold, any elective office during his term of appointment;and he shall not engage in any business activity during his term, except with the written consent of the board of selectmen. He shall: (a) attend all meetings of the board of selectmen, except when excused, and he shall have the right to speak but not to vote. (b) assemble, prepare and present to the board of selectmen all annual operating and capital budgets of the town and be responsible for the development and annual revision of the capital improvements program. (c) be responsible for seeing that the budget is administered and expended as adopted by the town meeting and in accordance with general law, this charter, and by-law. (d) keep the board of selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit quarterly repons to the board. (e) keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs. (f) solicit and prepare applications for grants. (g) be responsible for the day-to-day administration of the town's personnel system, (h) be responsible for the purchasing of all town services and departments, excepting those of the school department. (i) make recommendations to the board of selectmen regarding vacancies in town offices and boards to be filled by the board of selectmen. (j) be responsible for the administrative functions of recreation, historical preservation, services for the elderly, and veterans' services. (k) develop, keep, and annually update a full and complete inventory of all property of the town, except school property, both real and personal. (l) distribute, or cause to be distributed, copies of the warrant and advisory board report for all town meetings to the residences of all registered voters. (m) negotiate collective bargaining contracts on behalf of the board of selectmen, unless the board shall have designated another negotiator. (n) perform such other duties as may be required by this charter, by-law, or vote of the board of selectmen. Section 4 Responsibilities for Appointments 4-4-1 Subject to the approval of the board of selectmen, the town manager shall have the power to appoint and, on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel by-laws, may suspend or remove: (a) a town clerk, (b) divi- sion and department heads, (c) a planning board, (d) an industrial development financing authority, (e) an industrial commission, (f) a board of health and/or a health agent, and (g) a board of public works until such time as said board is abolished. 4-4-2 The town manager shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, personnel by-law, or collective bargaining agreements, may suspend or remove: (a) all town employees, including secretarial and clerical personnel; (b) other part-time secretarial and clerical employees, in consultation with the elected town officials to whom said employees report; (c) all employees of appointed town multi-member bodies; (d) one or more inspectors; and (e) all other tull-time, part-time or seasonal employees, except those of the library trustees, the police and fire departments, and the school committee. All such appointments and removals shall be subject to disapproval by four affirmative votes of the board of selectmen taken within 14 days. Section 5 Responsibilities in Personnel Administration 4-5-1 The town manager shall administer and enforce collective bargaining contracts, personnel rules, regulations, and by-laws adopted by the town. 4-5-2 After consultation with the board of selectmen, the town manager shall from time. to time propose, and the town meeting may adopt, with or without amendment, personnel by-laws and rules relating to all town positions, except those covered by collective bargaining contracts and those of ttte school department. Such by-laws shall provide for: (a) the classification of positions, based on duties, responsibilities, and authority of each posi- tion, with adequate provision for reclassification of any position whenever warranted by changed circumstances. (b) salary and pay plan for all positions. (c) methods of determining the merit and fitness of candidates for appointment and promotion. (d) policies and procedures regulating reduction in force and removal of employees. (e) hours of work, attendance regulations, and provisions for sick, vacation, military and other 'leave. (f') policies and procedures governing persons holding provisional appointments. (g) policies and procedures governing relationships with employee organizations. (h) policies regarding inservice training programs. (i) grievance procedures for the hearing of grievances. (j) such other practices and procedures as may be necessary for the administration of the per- sonnel system. Section 6 Reponsibilities for Administrative Reorganization 4-6-1 The town manager may, with the approval of the board of selectmen, establish, reor- ganize, consolidate or abolish any department or position placed by this charter under his direction and supervision, except as otherwise provided by general law or this charter. 4-6-2 The creation of any new full-time, compensated position shall require the approval of the affirmative vote of four members of the board of selectmen, and shall not become effective until the position has been funded by a vote of the town meeting. Section 7 Responsibilities for Disbursements 4-7-1 Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures, shall be submitted to the town manager, and his approval thereof shall be sufficient authorization for payment by the director of the division of finance or his designee; provided, however, that at least three selectmen shall approve all warrants in the manager's absence or in the event ora vacancy in his office. 8 Section 8 Evaluation 4-8-1 The board of selectmen shall annually evaluate the performance of the town manager. The board shall adopt a written set of procedures and criteria which shall form the basis for the ' evaluation. 4-8-2 A copy of the evaluation shall be provided to the manager. Section 9 Removal 4-9-1 The board of selectmen, by the affirmative vote of at least three members, may initiate the removal of the town manager by adopting a resolution to that effect, stating the reasons there- for, provided that no such resolution shall be adopted within sixty days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting and in open session. 4-9-2 The adoption of said resolution shall serve to suspend the town manager for a period of not more than forty-five days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered forthwith to the townmanager in person, or sent by registered mail to his place of residence. 4-9-3 Within five days following the receipt of such resolution, the town manager may file a written request for a public hearing. If such a hearing is requested, the board shall schedule it within two weeks, and it shall be held in a public place. At least seven days prior to the public hearing, the board shall advertise the hearing in a newspaper of local circulation and shall cause identical notices citing the purpose, location, time, and date to be posted in the town hall and in three other places of public access within the town. 4-94 The moderator shall preside at any such hearing. 4-9-5 At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The board of selectmen and the town manager shall have the right to call witnesses and to subpoena any and all town records. 4-9-6 Final removal of any town manager shall be effected by the affirmative vote of at least three members of the board of selectmen at a public meeting of the board held wkhin seven days of such public hearing, if requested. If no hearing has been requested~ final removal may be effected by an affirmative vote of at least three members, at a meeting of the board held not earlier than fourteen days after the vote initiating the removal. The salary of the town manager shall continue to be paid for a period of sixty days after the vote effecting removal from office. 4-9-7 The town manager shall provide the board of selectmen with at least ninety days notice of an intended resignation, provided, however, that the board may, at its discretion, shorten or waive such requirement. Section 10 Filling Vacancy 4-10-1 When a vacancy arises in the office of the town manager, the board of selectmen shall advertise the vacancy as soon as possible. The board shall fill the vacancy as soon as possible but in any case, within six months. Section 11 Acting Town Manager 4-11-1 The board of selectmen shall designate, within 10 days, a town employee or other person to exercise the rights and perform the duties of the town manager during any vacancy caused by the temporary absence, or suspension, or removal, resignation or death of the town manager. The appointment shall be for a period not to exceed ninety days, and it may be renewed, in the case of suspension, removal, resignation, or death only once for an additional period not to exceed ninety days. The appointee shall be ineligible for appointment as town manager. CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION Section I General 5-1-1 The administrative functions of the town government shall be performed within the organizational framework of several divisions and departments. 5-1-2 The divisions shall include: (a) a division of f'mance, (b) a division of planning and com- munity development, and (c) a division of public works. 5-1-3 The departments shall include the office of the town clerk, a police department, a fire department and such other departments as the' town manager shall establish, with the approval of the board of selectmen. 5-1-4 Responsibility for the functions administered within the three divisions shall be vested in the town manager. 5-1-5 The town manager, with the approval of the board of selectmen, shall designate those divisions to be supervised by a director and those, if any, to be supervised by the town manager. If the manager is designated to act as director of one or more divisions, he shall serve in such addi- tional capacity without additional compensation. 5-1-6 With the approval of the town manager a division director, other than the manager, may designate himself as head of one or more departments within his respective division, but if so desig- nated he shall serve in such additional capacity without additional compensation. 10 Section 2 Division of Finance 5-2-1 The administrative functions of assessment, tax and fee collections, receipts and disburse- ments, purchasing, and others of a fiscal nature shall be carried out within a division of finance. Section 3 Division of Planning and Community Development 5-3-1 The administrative functions of planning, zoning enforcement, subdivision control, the issuance of building permits, all town inspections required by law, conservation, land acquisition and management, approval of street plans, health, building code enforcement, urban revitalization, and community development and such other services as may be assigned by this charter or by-law shall be carried out within a division of planning and community development. Section 4 Division of Public Works 5-4-1 The administrative functions of cemeteries, the collection and disposal of solid waste, engineering, forestry, trees, highways, parks, public grounds, sewers, water, and such other public works functions as may be assigned by this charter or by by-law shall be carried out within a divi- sion of public works. Section 5 The Town Clerk 5-$-1 A town clerk shall be appointed by the town manager for a term of three years. Section 6 Police Department 5-6-1 A police department shall be established under a chief of police, who shall be appointed by the board of selectmen. Section 7 Fire Department 5-7-1 A fire department shall be established under a fire chief, who shall be appointed by the board of selectmen. CHAPTER 6 ELECTED TOWN BOARDS AND OFFICERS Section 1 General Provisions 6-1-1 Beginning with the first town election held after the adoption of this charter, the officers and boards to be elected by vote of the town shall be: a moderator, a regional technical high school committee representative, a board of selectmen as provided in Chapter 3, a housing authority, and a school committee. 6-1-2 Boards and commissions established or continued under this chapter shall perform their functions and duties in accordance with the constitution, general law, this charter, and by-laws. 11 6-1-3 During the term for which he is elected, and for one year follOwing expiration of his term, no officer or member of any board or commission established under this chapter shall be eligible to accept any appointed, paid town position placed under the jurisdiction of the respective office or board vacated. Section 2 Vacancies 6-2-I Except as otherwise provided, vacancies in elected town boards established under this chapter shall be filled by the board of selectmen together with the remaining memlaers of the respective board, in accordance with the provisions of general law. Section 3 Moderator 6-3-1 A moderator shall be elected for a three-year term. The moderator shall: (a) preside at all town meetings; (b) appoint the members of the advisory board; (c) appoint all ad hoc committees of the town meeting in accordance with clause 2-7-1 and (d) preside at any hearing called to discuss the suspension or removal of the town manager. Section 4 Regional School Representative 6-4-1 A Greater Lawrence Regional Technical High School District Committee representative shall be elected for a three-year term. Section 5 School Committee A school committee of five members shall be elected at large for three-year overlapping 6-5-1 terms. 6-5-2 The school committee shall conduct a public hearing prior to submitting a budget to the town manager. The committee shall have preliminary summaries of its recommendations available at said hearing which shall be distributed to those requesting them. Section 6 Housing Authority 6-6-1 There shall be a housing authority of five members, one of whom shall be appointed under authority of the Commonwealth and four of whom shall be elected. All members shall serve five year overlapping terms. CHAFFER 7 APPOINTED TOWN BOARDS Section I Zoning Board of Appeals 7-1.1 A zoning board of appeals of five members and three associate members shall be ap- pointed by the board of selectmen for three-year overlapping terms. 12 Section 2 Conservation Commission 7-2-1 A conservation commission of seven members shall be appointed by the board of select- men for three-year overlapping terms. -Section 3 Council on Aging 7-3-1 A council on aging of eleven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 4 Historical Commission 74.1 A historical commission of seven members shall be appointed by the board of selectmen for three-year overlapping terms. Section 5 Recreation Council 7-5-1 A recreation council of nine members shall be appointed by the board of selectmen for three-year overlapping terms. Section 6 Arts Council 7-6-I An arts council of an indefinite, but odd, number shall be appointed by the board of selectmen for three-year overlapping terms. Section 7 Planning Board 7-7-1 A planning board of five members shall be appointed by the town manager for three-year overlapping terms. Section 8 Board of Health 74-1 A board of health of three members shall be appointed by the town manager for three- year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the board of selectmen, in accordance with general law. Section 9 Library Trustees 7-9-1 A board of library trustees shall be established as provided by the bequest establishing the library. 7-9-2 The board shall appoint the librarian and staff of the library. Section 10 Town Boards, Commissions, and Committees 7-10-I Multi-member boards established by this charter shall possess and exercise all powers given to them und. er the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this charter, by-law, or vote of the town meeting. 13 7-10-2 All boards, commissions, and committees of the town shall: (a) organize annually; (b) elect a chairman and other necessary officers; (c) establish a quorum requirement for their meetings in accordance with general law; (d) adopt rules of procedure and voting; and (e) maintain 'minutes and all other records of proceedings, copies of which shall be a public record and fi[ed monthly with the town clerk. 7-10-3 All such boards shall meet with the board of selectmen at least once in each year. 7-10-4 All such boards shall conduct their meetings in accordance with the open meeting provi- sions of the open meeting law, Sect. 23A-C of M.G.L. Chap. 39, as may be amended from time to time. 7-I0.$ Members of boards established under this chapter may receive such compensation as may be authorized by the town meeting, but during the term for which a member is appointed and for one year following expiration of such term, no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such board. 7-10-6 Any person duly appointed to any office or board shall take up the duties of his office immediatelY, provided that he first shah have been sworn to the faithful performance of his duties by the town clerk. 7-10-7 The unexcused absence of a member from four or more consecutive meetings of any appointed multi-member body shall serve to vacate the office. When such a vacancy has been created, the chairman shall advise the appointive authority forthwith, who shall fill the vacancy within thirty days. Section I l Change in Composition of Appointed Town Boards 7-11-1 The town meeting may, by by-law, enlarge or decrease the number of persons to serve as members of boards established under this chapter, provided, however, that all such boards shatl always consist of an odd number of members. CHAPTER 8 ELECTIONS Section I Town Elections 8-1-1 The regular election for all town offices shall be by official ballot held on the first Mon- day in March of each year. 8-1-2 All general law provisions with regard to town elections shall apply, except as may herein be provided by this charter. 14¸ Section 2 Town Elections to be Nonpartisan 8,2-I All town elections shall be nonpartisan, and election ballots shall be printed without any party mark or designation whatsoever. · Section 3 Eligibility of Town Voters 8-3-1 Any registered voter of the town shall be eligible for election to any elective office or board of the town, provided however that no person shall be a candidate for or hold, concurrently, more than one paid elective office of the town. Section 4 Time of Taking Office 84-1 Any person duly elected to any office or board shall take up the duties of his office immediately following his certification. Section 5 Recall of Elective Officers 8-5-1 Any holder of an elective office may be recalled by the voters as herein provided. 8-5-2 One percent of the registered voters of the town may 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 voter first named on such affidavit a sufficient num- ber of copies of petition blanks demanding such recall, printed forms which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated and addressed to the board of selectmen, and shall contain the name of the person to whom they are issued, the number of petitions so issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election ora successor to such office. 8-5-3 A copy of the petition shall be entered in the town meeting records. The recall petition shall bear the signatures and residential addresses of at least twenty-five percent of the registered voters. The recall petition shall be returned to the town clerk within 20 working days after the ~ing of the affidavit. 8-54 The town clerk shall within twenty-four hours of receipt submit the petition to the regis- trars of voters in the town, and the registrars shall within seven working days certify thereon the number of signatures which are names of registered voters. 8-5-5 If the petition shall be found and certified by the town clerk to be sufficient he shai.' submit the same with his certificate to the board of selectmen. The board of selectmen shall, within three working days, give written notice by registered mail of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter. order an election to be held on a date fixed by them not less than forty-five nor more than sixty 15 days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certifi- cate, the board of selectmen shall postpone the holding of the recall election to the date of such .other election. 8-5-6 Any officer sought to be removed may be a candidate to succeed himself. The nomina- tion of 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 general law relating to el.ections, and the election to replace the officer sought to be removed shall be held on the same day as the recall election. 8-5-7 The incumbent shall continue to perform the duties of office until the recall election. If not recalled, he shall continue in office for the remainder of his unexpired term, but shall not again be subject to recall during his term of office. If recalled, he shall be deemed removed upon the qualification of his successor who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. 8-5-8 'The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a majority vote, but shall not be effective unless the total of those voting for and against recall shall exceed twenty percent of the registered voters of the town. 8-5-9 No person, having been removed from office by recall or having resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two years following said removal or resignation. CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES Section 1 Advisory Board 9-1-1 An advisory board of nine members shall be appointed by the moderator for three-year overlapping terms. T~ee members shall be appointed annually. 9-1-2 Any person duly appointed to the advisory board shall take up the duties of the office upon the final adjournment of the annual town meeting, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 9-1-3 Vacancies in the advisory board shall be filled by the moderator within thirty days after he has been notified, in writing, of the vacancy on the board. Any person appointed to fill out an unexpired term shall take up the duties immediately, provided that he first shall have been sworn to the faithful performance of his duties by the town clerk. 16 9-1-4 No member of the advisorY board shall hold any other elected or appointed town office. Section 2 Submission of Budget and Budget Message 9-2-1 On or before the first day of October of each year, the town manager shall request and · receive from the director of the division of finance and the assessor(s) the estimated revenues for the ensuing fiscal year. 9-2-2 Upon receipt of any additional specific fiscal data provided by the Commonwealth, such estimates shall be revised, updated, and submitted forthwith to the town manager. 9-2-3 On or before the first day of November of each year, the board of selectmen, after con- sulting with the town manager, shall issue a policy statement relating to the budget for the ensuing fiscal year. The statement shall establish the outer limits of possible budget growth for the town. 9-2-4 All department heads, boards, committees, and commissions shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting. 9-2-5 At least one hundred and twenty days prior to the scheduled date of the annual town meeting, the town manager shall submit to the board of selectmen a comprehensive budget for all town functions for the ensuing fiscal year and an accompanying budget message. 9-2-6 ' The budget message shall explain the budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall: (a) outline the proposed fmancia'l policies of the town for the ensuing fiscal year; (b) describe the important features of the budget; (c) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (d) summarize the town's debt position; and (e) include such other material as the town manager may deem appropriate. 9-2-7 The budget shall provide a complete financial plan for all town funds and activities and shall be in such format as the advisory board may suggest, provided the format suggested is com- patible with the standards recommended by the state association of finance committees. The budget shall indicate proposed expenditures for both current operations and capital projects during the ensuing fiscal year, detailed by divisions, departments, offices, boards, commissions, committees, and specific purposes and projects. Section 3 Action on Proposed Budget 9-3-1 The board of selectmen shall within thirty days adopt the budget, w'~rh or ~-ithout amendments, and submit it to the advisory board. The board of selectmen shall also tran~n~t the budget request of the school committee to the advisory board. 17 9-3-2 The advisory board shall conduct at least one public hearing on the proposed budget and shall issue printed recommendations and detailed explanations on all financial articles in an annual advisory board report, which shall be mailed or distributed to the residences of all registered voters ai least ten days prior to the scheduled date of the annual town meeting. In preparing its recom- mendations, the board may require the town manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. 9-3-3 The board of selectmen shall be responsible for presenting the budget to the town meeting. Section 4 Budget Adoption 9-4-1 The town meeting shall adopt the budget, with or without amendments, prior to the be- ginning of the fiscal year. Section 5 Capital Improvements Plan 9-5-1 The town manager shall prepare a five-year capital improvements plan which shall in- clude: (a) a clear summary of its contents; (b) a list of all capital improvements proposed to be undertaken, during the next five fiscal years, together with supporting data; (c) cost estimates, methods of financing, and recommended time schedules; and (d) the estimated annual cost of operating and maintaining the facilities or equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to capital impwvements pending or in the process of construction or acquisition. 9-5-2 The capital improvements plan shall be submitted to the board of selectmen at least one hundred and fifty days prior to the date of the annual town meeting. The board shall act thereon within thirty days and shall then submit it to the advisory board, which shall issue its recommenda- tions as part of the annual advisory board report. Section 6 Notice of Public Hearing On Capital Improvement Plan 9-6-1 The advisory board shall publish, in one or more newspapers of general circulation in the town, the general summary of the capital improvements plan and a notice stating; (a) the times and places where copies of the capital improvements plan are available for inspection; and (b) the date, time, and place, not less than seven days following such publication, when the board shall conduct a public hearing on said plan. Section 7 Annual Audit 9-7-1 At least ninety days before the end of each fiscal year, the board of selectmen shall request the auditing agency of the state to conduct an audit of all accounts, books, records, and financial transactions of every division, department, office, board, commission, and committee of the town government, including the school department. 18 9-7-2 If the board of selectmen has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of the state will carry out the requested audit, then the board may retain a certified public accountant or accounting firm to make said audit, and to file its report within one hundred and twenty days after the end of the fiscal year. 9-7-3 A copy of every auditor's report shall be filed with the town clerk, shall be a public record, and a summary thereof shall be published in the next annual town report. Section 8 Limit on Spending 9-8-1 In the final month of any fiscal year no division, department, commission, office, or agency may expend, except for amounts previously encumbered, more than one-twelfth of its annual appropriation unless such expenditures have been previously approved by the advisory board. CHAPTER 10 PLANNING AND THE ENVIRONMENT Section I Powers and Duties of the Planning Board 10-1-1 A planning board shall be appointed as provided in clause 7-7-1. 10-1-2 The board shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 10-1-3 The board shall make recommendations to the town manager and to the director of the division of planning and community development on all matters concerning the physical, economic, and environmental development of the town. Section 2 Master Plan 10-2-1 The board shall be responsible for the development and periodic updating ora master or comprehensive plan. A summary of said phn shall be submitted to the town meeting, which shall adopt the summary, with or without amendments. After the summary has been acted on by the town, the planning board shall utilize the plan in making recommendations to the town. The board shall report annually to the town on the status of the master plan. Section 3 Industrial Development Financing Authority 10-3-1 An industrial development financing authority of five members shall be appointed by the town manager for five-year overlapping terms. 10-3-2 The authority shall exercise such powers and duties as prescribed by general law, this charter, and by-law. 19 Section 4 Industrial Commission 10-4-1 An industrial commission of five members shall be appointed by the town manager for three-year overlapping termg 10-4-2 The commission shall exercise such powers and duties as prescribed by general law, this charter, and by-law. Section $ Coordination of Activities 10-5-1 It shall be the general responsibility of the town manager and/or the director of the divi- sion of planning and community development, if appointed, to coordinate the activities of the town planner, the planning board, conservation commission, industrial authority, industrial commission, and other boards, commissions, and committees, except the board of appeals, concerned with the physical, economic, and environmental development of the town. CHAPTER 11 TRANSITIONAL PROVISIONS Section 1 Effective Date 11-1-1 Except as provided for in this chapter, this charter shall be in full effect on the first day of October following its adoption by the voters. 11.1-2 This charter shall be in partial effect upon its adoption by the voters to permit the board of selectmen to immediately commence to search for a town manager. The provisions of 4-1-3 shall be inapplicable to the first town manager search and appointment made under this charter, and the appointment shall be made effective on the first day of September following its adoption. Section 2 Continuation of Existing Laws 11-2-1 Except as specifically provided in this charter all general laws, special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. Section 3 Continuation of Government 11-3-1 Except as specifically provided in this charter, ail committees, commissions, councils, boards, departments, offices and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected, or until succes- sots to their respective positions are duly appointed or elected or their duties have been transferred. Section 4 Continuation of Personnel 11-4-1 Any person serving in the employment of the town shall retain such position and shall perform his duties until provisions shall have been made in accordance with this charter for the 20¸ performance of the said duties by another person or agen--_.-: provided, however, that no person in the permanent, full-time service or employment of the toga shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity a~ ~milar to theh' former capacity as it is .practical so to do and shall be elig~le for appointment to a_:;osition at a higher pay grade. 11-4-2 All elected officers in office on the first day fo~,wing the adoption of this charter shall each be allowed to complete his term of office. At the exp/=tion of said term, said incumbents shall be eligible for appointment to an appointed position in the ~wn's employ. Section 5 Transfer of Records and Property 11-5-1 All records, property and equipment whatsoev< of any office, department, or agency or part thereof, the powers and duties of which are assigned ;, whole or in part to another office or agency, are assigned to such office or agency, Section 6 Public Works 11-6-1 The provisions of this charter which relate to z~e establishment of a division of public works shall become effective sixty days after the town mara=_~er has been appointed. Upon this date, the highway surveyor shall become subject to the directio.~ of the director of the division, for the remainder of his elected term of office. Upon the expiratio= of his term of office, the office shall be discontinued, and the incumbent shall be eligible for appo~tment to a similar position in the divi- sion of public works. 11-6-2 The terms of office of the incumbent members af the board of public works shall con- tinue to their normal expiration. As the term of each incu=bent expires, the position may be filled by the town manager with the approval of the board of sel~-tmen for a term of one year. The board shall continue to discharge its duties until the board is abdished in accordance with the provisions of clause 4-6-1, and its powers and duties are reassigned to ~.e director of public works. Sect/on 7 Board of Assessors 11-7-1 The terms of office of the incumbent members cSthe board of assessors shall continue to their normal expiration. As the term of an incumbent e.~. ires, the position may be filled by the town manager with the approval of the board of selectme-_ for a term of one year. The board shall continue to discharge its duties until its powers and dut/~ are reassigned in accordance with the provisions of clause 4-6-1. Section 8 Planning Board 1 I-8-1 The terms of office of the incumbent members of the planning board shall continue to their normal expiration. As the terms of office of plann/cg board members expire, such positions shall be filled by appointment for a term of three years. Section 9 Boards Discontinued 11-9-1 On the effective date of this ct~arter, the board of fire engineers, the personnel board, and the capital budget committee shall all b~ discontinued. 11-9-2 The board of public works eaublished by Chap. 379 of the Acts of 1906 may be abol- ished in accordance with the provisions of chuse 4-6-1. Section 10 Charter Amendment 11-10.1 This charter may be rephced, revised, or amended in accordance w/th-the procedures made available by Article eighty-nine of the amendments to the Constitution of the Commonwealth, commonly known as the Home Rule Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures Act. Section 11 Definitions 11-11-1 Unless another meaning is clearly apparent, from the manner in which the word is used, the following words as used in the charter shall have the following meanings: (a) Charter. The word "charter" shall mean this charter and any amendments to it made through any of the methods provided under Article eighty-nine of the amendments to the Constitution of the Commonwealth. (b) Town. The word "town" shall mean the Town of North Andover. (c) Town Agency. The words "town agency" shall mean any board, commission, committee, department or office of the town government. (d) Majority Vote. The words "majority vote" shall mean a majority of those present and voting provided that a quorum of thc body is present. (e)Voters. The word "voters" shall mcan registered voters of the Town of North Andover. (f) Multi-member Body. The words "multi-member body" shall mean any board, commission or committee of the town consisting of two or more persons, whether appointed or elected. (g) Certification. The word "certification" shall mean that person has been declared elected and sworn to the faithful performance of duty by the town clerk. (h) He/his. The words "he" or "his" or any other use of a masculine noun or pronoun in this charter shall include the feminine. (i) Elected officer. The words "elected officer" as used in 11-4-2 shall mean the town clerk, the highway surveyor, the colk, c~or-~reasurer, and any other individual elected office, abolished or made appointive by this charter. 22 AFTERWORD The Charter Commission's concluding observations, in this afterw0rd, must begin by acknowledg- .lng the support, assistance and cooperation it has received from elected and appointed town boards, elected and appointed officials, and several department heads who have attended Charter Comings' sion meetings. The Commission did not presume to deal with every matter or every suggestion, that came up in the past ten months. It has left matters of detail and implementation to the Board of Selectmen, to the future Town Manager, and, of course, to the town meeting which is the proper body to deal with such things as granting civil service, the staffing of the fire department, and the rules of proce- dure at town meeting. The Charter and the Future The passage of the Charter should prove to be the f'~rst page of a new chapter in North Andover's history. The Commission believes that the town manager phn will allow and promote improved budgeting, that the grouping of related town functions and departments into three logical divisions should promote cost-effective administration, and that a larger measure of cooperation within town hall will be the end result. The Commission also anticipates that interested citizens will continue to play an active role in town affairs-by participating at town meeting, by attending public hearings, and by serving on appointed town boards. Providing the Charter passes at the town elections, there are two matters that will require prompt attention. Transition and Manal~er Search To ensure a smooth transition the Charter Commission recommends the appointment, by the Board of Selectmen, of a small committee. The committee would attempt to address, and resolve, issues related to the transition, and would help to initiate the search for a new manager, by devel- oping a pool of eligible and qualified candidates from which the Board of Selectmen would select the first Town Manager. The committee would also help to deal with the organization of the town's three division. 23. Revision of By4aws The second matter is the revision of the by-laws. A careful review of the by-laws and the prepara- tion of the legal base study completed by the Consultant in the past several months, has convinced · the Commission that a review and recodification of the by-laws is very desirable. The Charter's adoption will make some by-laws obsolete; others will need to be rewritten. Some will need to be edited; others will need to be pruned down, to make them usable and enforceable. All. changes will have to be voted on by the town meeting. Accordingly, the Charter Commission recommends that the Board of Selectmen undertake this task without delay, so that the town will soon have available for distribution a code of up-to-date by-laws. A Final Word The Charter presented in this pamphlet provides the essential structure of government. The struc- ture should be given a chance to succeed, and in the years ahead it can be improved by amendment. As usual, and as is proper, it is the citizens who will have the last word. They will decide the Charter's fate. Please read the Charter, appreciate its strengths, and record your support, by voting "Yes" on election day. 24¸