HomeMy WebLinkAboutCHARTER COMMISSION REPORT 12-31-1970THE
FINAL REPORT
of
LYNNFIELD CHARTER
COMMISSION
LYNNFIELD TOWN CHARTER
Submitted
to
THE BOARD OF SELECTMEN
Lynnfield, Massachusetts
December 31, 1970
TABLE OF CONTENTS
Page
Ballot Question and Summary ............................ i
Introduction .................................................. ii
Preamble ................................................. 1
CHAPTER
1 Powers of the Town ...................................... ].
2 Town Meeting ..................................................... 2
3 The Board of Selectmen ....................................... 4
4 Other Elected Boards ............ 5
5 Appointments by the Board of Selectmen ....................7
6 Elections .................................... 10
7 Financial Provisions and Procedures .................... 11
8 Environmental Matters ......................... 15
9 Administration ......................... 16
10 General Provisions ................................ 18
11 Transitional Provisions ...................................19
LYNNFIELD CHARTER COMMISSION
BALLOT QUESTION AND SUMMARY
BALLOT QUESTION: The wording to be used is:
"Shall this town approve the new charter recommended by
the charter commission, summarized below.)"
Yes []
No []
BALLOT SUMMARY: The wording to be used is:
"If approved by the voters, this charter will become effective
on July 1. 1971. The charter proposes a board of selectmen-open
town meeting form of government, and it vests the board of
selectmen with responsibilities for general administration, budget-
ary procedures, public works, and personnel with the aid of an
executive assistant.
"The elective offices will be: Selectmen, School Committee,
Assessors, Planning Board, Library Trustees, and Moderator."
LYNNFIELD CHARTER COMMISSION
Final Report
Introduction
The Lynnfield Charter Commission was elected at the annual
town elections in March 1970 under the provisions of the Home
Rule Amendment to the Constitution of the Commonwealth, and
of chapter 43B of the General Laws. The Charter Commission now
submits this final report to the voters.
The Commission has considered carefully all of the sugges-
tions made through correspondence received and at the public
hearing following the submission of its preliminary report. It has
made a number of changes which it believes have improved the
charter.
Continuity with the Past
Careful reading of the proposed charter will show that the
Charter Commission has chosen to continue the present structure
of local government in the new document. The open town meeting
is continued, thus allowing all interested voters to have access
to the affairs of the town.
The Board of Selectmen is continued as the central policy
making group in the town. The board will continue to exercise the
executive powers of the town, and the role of the selectmen as
policy leaders has been enhanced.
Town elections will continue to be nonpartisan in nature.
Voters may continue to exercise their rights of petition to include
articles in the warrant and to call for special town meetings.
Most of the existing town boards have been preserved in
the new charter, including an elected school committee, an elected
planning board, and an elected board of assessors.
Some Important Changes
This strong continuity with the past should not obscure the
important changes that are being proposed in the charter.
Among the most important are:
1. The division of the Annual Town Meeting into two sessions.
There will now be two regularly scheduled town meetings each
year, one in April and one in October. This will allow the main
emphasis of the spring meeting to be the discussion of the
budget; and the main emphasis of the fall meeting to be plan*
ning, zoning, and other related matters.
2. A quorum of three per cent is established for all sessions of
the town meeting. This is designed to prevent a tiny minority
of voters from acting on the town's behalf, as has sometimes
happened in the past.
3. The fiscal year of the town is changed to make it consistent
with the new state law, and the budgetary procedures are
streamlined. The changes will allow the budget to be even
more carefully prepared than it is at present.
4. A five year capital improvements budget is provided for, which
will allow the town to plan more carefully for major capital
expenditures.
5. The administrative sector of the town is strengthened by grant-
ing new powers of administration to an executive assistant. It
is also reorganized and streamlined, providing for the con-
solidation of some previously elected offices. Existing func-
tions are grouped together as for example in a new consolidated
department of public works. These changes should result in
better coordination and supervision.
6. The date of town elections is changed from March to the
second Monday in April.
Conclusion
The Charter Commission believes that the proposed charter
can provide a new beginning toward a better town meeting, strong-
er leadership, improved financial procedures and planning, and
sounder administration.
The Charter Commission wishes to thank all town officials,
employees, and citizens who have assisted it in completing this
report.
The Charter Commission recommends the adoption of the
new charter and hopes that every voter will vote for adoption at
the town elections.
,..'
III
TOWN OF LYNNFIELD, MASSACHUSETTS
CHARTER
PREAMBLE
We, the people of the Town of Lynnfield, Massachusetts,
in order to reaffirm the customary and traditional liberties of
the people with respect to the conduct of our local government
and to take the fullest advantages inherent in the Home Rule
Amendment of the Constitution of the Commonwealth, do here-
by adopt the following Home Rule Charter for this town.
CHAPTER I POWERS OF THE TOWN
Section i Incorporation
1-1-1 The present Town of Lynnfield, Massachusetts,
within its corporate limits as now established shall con*
tinue to be a body politic and corporate under the name,
Town of Lynnfield.
Section 2 Scope of Town Powers
1-2-1 The town shall possess and exercise all powers
possible under the constitution and laws of the Common-
wealth of Massachusetts as fully and completely as though
they were expressly enumerated in this charter.
Section 3 Form of Government
1-3-1 This charter provides for the open town meeting-
selectmen form of government.
Section 4 Construction of Charter
1-4-1 The powers of the town under this charter shall
be construed liberally in favor of the town, and the spe-
cific mention of particular powers in the charter shall not
be construed as limiting in any measure the general pow-
ers of the town as stated in this chapter.
Section 5 Intergovernmental Relations
1-5-1 The town may exercise, consistent with the pro-
visions of law, 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 municipalities, civil divisions, subdivi-
sions, or agencies of the Commonwealth, other states, or
of the United States government.
CHAPTER 2 TOWN MEETING
Section I Organization
2-1-1 The legislative powers of the town shall be exer-
cised by an open town meeting, open to ali registered
voters of the town.
2-1-2 The quorum necessary for the conduct of business
at all town meetings shall be at least three per cent of the
voters registered at the preceding town election, but a
higher figure may be provided through by-law. Upon the
challenge of the presence of the established quorum, a
smaller number than the established quorum, however,
shall adjourn any such meeting forthwith to a stated date,
time, and place.
2-1-3 In all procedural matters, the town meeting shall
follow the latest revised edition of Robert's Rules of
Order, except as otherwise provided by general law, this
charter, or by-law.
Section 2 Powers and Responsibilities
2-2-1 The town meeting shall consider and act upon
all proposed by-laws.
2-2-2 The town meeting shall consider and act upon,
with or without amendments, all proposed operating and
capital improvement budgets, bond issues, and other fi*
nancial proposals of the town.
2-2.3 The town meeting shall possess and exercise all
powers possible under general law.
2-2*4 The town meeting may, through the board of
selectmen or a duly constituted special committee, inves-
tigate the affairs of any town division, department, board,
commission, committee, office, or function. An investigat-
lng committee appointed under this provision shall not
have the power to scrutinize the records of any meeting
held in executive session.
2-2-5 All town officers, or their representatives, mem-
bers of boards and commissions, and department heads
shalt attend any town meeting when proposals affecting
their particular office, board, or department are included
in the warrant. The absence of any such persons shall
not invalidate the actions of the town meeting.
Section 3 Procedures
2-3-1 The town meeting shall meet regularly on the last
Monday evening in April to consider and adopt an annual
operating and capital budget, and to act on other financial
matters. The meeting shall be continued on other days,
until al~ articles in the warrant shal~ have been acted upon.
2
2-3-2 The town meeting shall also meet regularly on
the third Monday evening in October to consider and act
on matters of planning, zoning, subdivision control, build-
ing codes, and all other matters of a by-law nature, as well
as to consider and act upon such other business, including
matters involving ah appropriation of town funds, as may
properly come before the meeting. The meeting shall be
continued on other days, until all articles in the warrant
shall have been acted upon.
2-3-3 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 two hundred registered voters of
the town.
2-3-4 All proposed operating expenditures shall be in-
cluded in a single, omnibus-type article in the town meet-
ing warrant. In addition, all regular departmental capital
expenditures shall be included in an omnibus-type article.
2-3-5 The board of selectmen shall prepare the warrant
for the two regularly scheduled town meetings and for
special town meetings, and shall have the power to insert
articles therein.
2-3-6 Articles involving an expenditure of town funds
shall not be voted on by the town meeting unless they shall
have been considered previously, and a recommendation
issued thereon, by the finance committee.
2-3-7 Articles involving planning, zoning, subdivision
control, land acquisition, conservation, extension of sewer
lines, and all other matters relating to the environment
shall not be voted on by the town meeting unless they shall
have been considered previously, and a recommendation
issued thereon, by the planning board.
2-3-8 The provisions of paragraphs 2-3-6 and 2-3-7 shall
not apply to articles which shall have been submitted to
the finance committee or to the planning board, respective.
ly, for a period of fourteen or more days.
2-3-9 The order of consideration of the articles as
printed in the warrant may be changed only by a four-
fifths vote of the town meeting.
2-3.10 The substance of any article entailing an expend-
iture of town funds which has been acted upon at any of
the two regularly scheduled town meetings shall not again
be voted on by the town meeting for a period of one year
thereafter, unless the finance committee shall have rec.
ommended resubmission of the article.
2-3-11 The substance of any article entailing planning,
zoning, subdivision control, land acquisition, conserva-
3
tion, extension of sewer lines, and all other matters re-
lating to the environment, which have been acted upon at
any of the two regularly scheduled town meetings shall
not again be voted on by the town meeting for a period of
two years thereafter, unless the planning board shall have
recommended resubmission of the article.
Section 4 Initiative Petition
2-4-] Except as otherwise provided in sections 2-3-10
and 2-3-11, any ten voters of the town may secure by writ-
ten petition to the board of selectmen, the inclusion of an
article for the warrant of any duly scheduled annual town
meeting, and at least one hundred registered voters may
secure the same for any duly scheduled special town
meeting.
Section 5 Presiding Officer
2-5-1 A moderator shall be elected for a term of one
year. He shall preside at all sessions of the town meeting
and shall serve without compensation.
2-5-2 The moderator shall appoint:
(a) six members of an eleven member finance committee,
for overlapping terms of three years, who shall serve
without compensation; and
(b) any ad hoc committee created by the town meeting,
unless another appointive authority shall be specified in
the language of the article establishing such committee.
CHAPTER 3 THE BOARD OF SELECTMEN
Section i The Board of Selectmen
3-1-1 A board of selectmen of three members shall be
elected for three year overlapping terms. The regular
election for the office of selectman shall be held in accord-
ance with chapter eight of this charter,
3-1-2 Vacancies in the office of selectman shall be filled
by special election, in accordance with the provisions of
general law.
Section 2 General Powers
3-2-1 All executive powers of the town, except as other-
wise provided in this charter, shall be vested in the board
of selectmen. It is the intent of this section that the board
shall exercise control over town affairs by recommending
major courses of action to the town meeting and by set-
ting policies to be carried out by the executive assistant,
and other officers, boards, and commissions appointed
by the board of selectmen.
3-2-2 The board shall have the power to enact rules and
regulations relating to the conduct of town elections and
for the establishment of town policies, not otherwise
governed by statute, this charter, or by-law, provided,
however, that whenever an appropriation shall be neces-
sary to implement such action, the vote of the board shall
be effective only if such appropriation shall be made by
the town meeting.
Section 3 Powers of Appointment
3-3-1 The board shall have the powers of apointment as
provided in chapter 5 of this charter.
Section 4 Powers of Investigation
3-4-1 The board of selectmen may make investigations
and may authorize the executive assistant 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. 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 executive assistant, and a report summariz-
in§ such investigation shall be printed in the next annual
town report.
~Section 5 Administrative Reorganization
3-5-1 Except as otherwise provided by general law, any
function assigned to a particular department, office, or
agency may be assigned to another by vote of the town
meeting. Any article providing for such a reorganization
shall be considered previously, and a recommendation
issued thereon by the board of selectmen.
CHAPTER 4 OTHER ELECTED TOWN BOARDS
Section i General Provisions
4-1-1 Beginning with the first town election held after
the adoption of this charter, the other town boards to be
elected by vote of the town shall be: a school committee,
a planning board, a board of assessors, and a board of
library trustees.
4-1-2 Boards and commissions established under this
charter shall perform their functions and duties in; accord-
ance with the Constitution, general law, this charter, or
by-law.
5
4-1-3 During the term for which he is elected, and for
one year following expiration of his term, no member o~
any board or commission established under this chapter
shall be eligible to accept any appointed paid town
position.
4-1-4 Except as otherwise provided by this chapter,
members of boards and commissions established under
this chapter shall set,re without compensation, but may
receive actual and necessary expenses incurred in the
performance of their duties, within limits of an appropria.
tion made for that purpose.
Section 2 Vacancies
4-2-1 Vacancies in the town boards established under
this chapter shall be filled by the board of selectmen to~
gether with the remaining members of the respective
board, in accordance with the provisions of general law.
Section 3 School Committee
4-3-1 A school committee of five members shall be
elected for three year overlapping terms.
4-3-2 At least two weeks prior to submitting a budget
to the Executive Assistant, the school committee shall con-
duct a public hearing on the school budget. Said commit-
tee shall have preliminary summaries of its recommenda.
tions available at said hearing, which shall be distributed
to those who request them.
Section 4 Planning Board
4-4-1 A planning board of five members shall be elected
for five year overlapping terms.
Section 5 Board of Assessors
4-5-1 A board of assessors of three members shall be
elected for three year overlapping terms. Members shall
receive such compensation as is appropriated by the
town meeting.
Section 6 Library Trustees
4-6.1 A board of library trustees of five members shall
be elected for three year overlapping terms.
4-6-2 The board shall be responsible for the administra-
tion and operation of the town library, including staffing
of professional library staff, acquisitions of books, journ-
als, periodicals, and other materials relating to the library
functions, and the promulgation of library rules and regu-
lations.
CHAPTER 5 APPOINTMENTS BY THE BOARD OF SELECTMEN
Section I Powers to Appoint Town Officers
5-1-1 The board of selectmen shall have the power to
appoint:
(a) The following officers, each for a term of two years;
a town counsel, an executive assistant, and a town ac-
countant.
(b) the following officers for indefinite terms: a director
of finance and administrative services; a director of public
works; a director of zoning enforcement and inspection;
a police chief and a fire chief; a town planner in accord-
ance with the provisions of chapter eight; all division or
department heads.
Section 2 Duties
5-2-1 Officers appointed under this chapter shall per-
form their duties in accordance with general law, this
charter, and by-law.
Section 3 Power to Appoint Town Boards and Commissions
5-3-1 The board of selectmen shall have the power to
appoint:
(a) five members of an eleven member finance committee;
(b) three members of a zoning board of appeals for three
year overlapping terms;
(c) three members of a board of health, at least one of
whom shall be a Doctor of Medicine, licensed to prac-
tice medicine in the commonwealth;
(d) three members of a board of registrars of voters for
three year overlapping terms;
(e) a personnel board, a conservation commission, a rec-
reation commission, a historical commission, such
boards to be composed of five members each, who
shall be appointed for three year overlapping terms;
and
(f) members of ad hoc committees established by the
town meeting provided the article establishing the
committee shall designate the board of selectmen as
the appointive authority.
Section 4 Other Appointive Powers
5.4-1 The board shall have the power to appoint such
individual town officers and members of boards and com-
7
missions as are authorized by general law, this charter, or
by-law, and for whom appointment is not otherwise pro-
vided.
Section 5 The Power to Rescind Appointments
5-5-1 The board of selectmen shall have the power to
rescind, for cause, any appointment made by them to any
board, commission, committee or individual office under
authority of this chapter, provided that the appointee shall
first have been served with a written notice of the board's
intention, specifying the board's reasons for the proposed
removal, and informing the appointee of his right to be
heard at a public hearing, if requested.
5-5-2 Said power shall not apply to the zoning board
of appeals nor to any other quasi-judicial body, as de-
termined by the town counsel.
5-5-3 In addition to other reasons, excessive and unex-
cused absenteeism from board or commission meetings
may constitute sufficient grounds for the removal from
office of incumbents holding appointments under the
board of selectmen.
Section 6 qualifications of the Executive Assistant
5-6-1 The executive assistant shall have executive and
administrative qualifications and shall have education by
training, experience or scholastic achievement to perform
the duties of the office.
Section 7 Duties of the Executive Assistant
5-7-1 The executive assistant shall be directly responsi*
ble to the board of selectmen for the performance of his
duties, and shall be the principal full-time administrative
officer of the town.
5-7-2 He shall attend all meetings of the board of select-
men except when excused and shall have the right to
speak, but not to vote.
5-7-3 He shall assemble and present to the boaro of
selectmen the annual budget of the town and shall also
be responsible for the development and annual revision of
the capital improvements program, in accordance with
chapter seven of this charter.
5-7-4 He shall keep the board of selectmen fully in-
formed regarding all departmental operations, fiscal af-
fairs, problems, and administrative actions, and to this
end, shall submit quarterly reports to the board of se-
lectmen.
5-7-5 He shall keep the board of selectmen fully in-
formed on the long range needs of the town and shall
provide the board with data to support suggested alterna-
tive courses of action.
5-7-6 He shall be responsible for the day-to-day admin.
istration of the personnel system and for purchasing for
all town functions and departments, excepting those of the
school department.
5-7-7 He shall perform such other duties as may be re-
quired by this charter, bylaw, vote of the town, or vote of
the board of selectmen.
Section $ Removal of the Executive Assistant
5-$-1 The executive assistant may be removed in the
course of his two year term, in accordance with the fol-
lowing procedures.
5-8-2 The removal of the executive assistant shall be
by a resolution of the board of selectmen to this effect,
provided that no such resolution shall be adopted within
sixty days after any town election that shall have caused
a change in the composition of the board.
5-8-3 The adoption of said resolution shall serve to sus-
pend the executive assistant for a period of not more
than forty-five days, during which his salary shall continue
to be paid. A copy of such resolution shall be delivered
to the executive assistant who shall have five days in which
to request a public hearing. If a hearing shall be re-
quested, the board shall schedule it within two weeks, to
be held in a public place. The board shall advertise the
hearing in a newspaper of local circulation and cite its
purpose, location, time and date.
5-8-4 The moderator, or if he is unable to be present,
such person as he shall designate, shall preside at such
hearing.
5-8.5 At any such hearing, the reasons for the removal
shall first be read aloud. The executive assistant shall
then be allowed to respond, either personally or through
counsel. The board of selectmen and the executive assist-
ant shall be allowed to call witnesses, and to subpoena
any and all town records.
5-8-6 Final removal of an), executive assistant shall be
effected by the affirmative vote of three members of the
board of selectmen, at a public meeting of the board held
within seven days of such public hearing, if the executive
assistant shall have requested one. Or, if he shall not
have requested one, final removal may be effected by the
affirmative vote of three members of the board held not
sooner than fourteen days after the vote initiating the re-
moval. The salary of the executive assistant shall continue
to be paid for a period of thirty days after the vote effect.
lng his removal from office.
9
CHAPTER 6 ELECTIONS
Section i Town Elections
6-1-1 The regular election for all town offices shall be
by official ballot held on the second Monday in April of
each year.
6-1-2 Any person duly elected to any office or board
shall take up the duties of his office immediately, pro-
vided that he first shall have been sworn to the faithful
performance of his duties.
6-1-3 All general law provisions with regard to town
elections shall apply, except as may herein be provided
by this charter.
Section 2 Elections to be Nonpartisan
6-2-1 All elections of town officers shall be nonpartisan,
and election ballots for town offices shall be printed with-
out any party mark, emblem, vignette, or designation
whatsoever.
Section 3 Eligibility of Town Voters
6-3-1 Any registered voter of the town shall be eligible
for election to any elective office or board of the town.
Section 4 Recall of Elective Officers
6-4-1 An elective officer of the town may be recalled and
removed from public office by the voters of the town as
herein provided. Any voter of the town may file with the
director of finance and administrative services a petition
containing the name and title of the elective officer whose
removal is sought, together with a statement of the
grounds for his removal. Said petition shall be filed with
said director and shall be signed in ink or indelible pen-
cil by qualified voters of the town equal in number to at
least twenty per cent of the voters registered at the Past
regular municipal election, provided that no recall peri-
tion may be filed against any officer until he shall have
held his office for at least six months. Said petition shall
be accompanied by affidavits as to authenticity of signa-
tures, signed and sworn to by each circulator.
6-4-2 If, within five days after receipt of the petition the
director of the division of finance and services shall de-
termine the petition and affidavits to be sufficient, a re-
call vote shall be taken within one hundred and ten days
but not sooner than ninety days after such final determina.
tion, provided that no such vote shall be taken if the term
10
of office of such elective official shall expire within one
hundred and fifty days after such determination, or if
such elective officer shall resign from such office before
the taking of such vote. Said recall vote shall be called
and conducted in the same manner as is provided by
general law for the call and conduct of a special election.
6-4-3 The form of the question to be voted upon shall be
substantiaUy as follows: "Shall [here insert the name and
title of the elective officer whose recall is sought] be re-
called?" A majority vote of the voters to recall such
elective officer shall not be effective unless a total of at
least thirty per cent of the electorate entitled to vote on
the question shall have voted. Recall of such elective of-
ficer shall become effective upon certification of the re-
suits of the voting thereon, regardless of any technical
deficiency in the recall petition. If any elective officer shall
be recalled, the vacancy created thereby shall be filled in
accordance with the provisions of this charter and of
general law.
6.4-4 No person, having been recalled or having re-
signed from office while recall proceedings were pendin8
against him, shall be appointed to any town office within
two years following said recall or resignation.
Section 5 Apportionment
6-5-1 The registrars of voters and the town clerk shall
divide the town into voting precincts, which shall be com-
pact, contiguous, and substantially equal in population.
CHAPTER 7 FINANCIAL PROVISIONS AND PROCEDURES
Section I Applicability of State Law
7-1-1 In all matters concerning finances and financial
procedures of the town, the provisions of general law shall
apply, together with such other requirements as are pro-
vided by this chapter.
Section 2 Fiscal Year
7-2-1 Effective in 1972, the fiscal year of the town shall
begin on the first day of July and end on the last day of
June, unless otherwise prescribed by general law.
Section 3 Annual Audit
7-3-1 At least ninety days before the end of each fiscal
year, the board of selectmen shall request the auditing
agency of the commonwealth to conduct an audit of all
accounts, books, records, and financial transactions of
every department, board, and commission of the town
government, including the school department.
11
7-3-2 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 commonwealth 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.
7-3-3 All auditor's reports shall be public records and
shall be filed with the director of the division of finance
and administrative services and the public library, and a
summary thereof shall be published in the next annual
town report.
Section 4 Finance Committee
7-4-1 A finance committee of eleven members shall be
appointed for three year overlapping terms. Five shall be
appointed by the board of selectmen, and six shall be
appointed by the moderator. Appointments shall be made
annually, within ten days of the adjournment of the first
session of the town meeting.
7-4-2 Vacancies in the committee shall be filled for the
unexpired portion of the term by the appropriate appoint-
ing authority.
7-4-3 The moderator shall have the power to rescind,
for cause, any appointment made by him to the finance
committee, provided that the appointee shall first have
been served with a written notice specifying the moder-
ator's intention, specifying his reasons therefor, and in-
forming the appointee of his right to be heard at a public
hearing, if requseted.
Section 5 Submission of Budget and Budget Message
7-5-1 At least one hundred and twenty days prior to the
first session of the annual town meeting, every depart-
ment, board, commission, and committee shall prepare
and submit to the executive assistant operating budget
estimates for the ensuing fiscal year.
7-5-2 At least ninety days prior to the start of the first
session of the annual town meeting, the executive assist-
ant shall submit to the board of selectmen a proposed
budget for the ensuing fiscal year and the draft of an ac-
companying budget message, unless otherwise provided
for by general law.
7-5-3 At least sixty days prior to the start of the first
session of the annual town meeting, the selectmen shall
submit the budget and a budget message for the ensuing
year to the finance committee.
12
7-5-4 The budget message shall explain the budget both
in fiscal terms and in terms of work programs. It shall: (1)
outline the proposed financial policies of the town for the
ensuing fiscal year; (2) describe the features of the
budget; (3) indic~,te any major changes from the current
year in financial policies, expenditures, and revenues, to-
gether with the reasons for such changes; (4) summarize
the town's debt position; and (5) include such other ma-
terial as the board of selectmen shall deem desirable.
7-5-5 The budget shall provide a complete financial plan
for all town funds and activities and shall be in such
form as the finance committee may require, but it shall
indicate proposed expenditures for both current opera-
tions and capital projects during the ensuing year, de-
tailed by purpose, offices, departments, commissions, and
committees.
Section 6 Capital Improvements Program
7-6-1 At least one hundred and fifty days prior to the
start of the first session of the annual town meeting,
every department, board, commission, and committee shall
prepare and submit to the executive assistant, five year
capital improvement estimates.
7-6-2 At least one hundred and twenty days prior to the
start of the first session of the anual town meeting, the
executive assistant shall assemble and submit to the
board of selectmen a proposed capital improvements pro-
gram for the ensuing five years.
7-6-3 The capital improvements program shall include:
(1) a clear summary of its contents; (2) a list of all capital
improvements proposed to be undertaken during the next
five fiscal years, together with supporting data; (3) cost
estimates, methods of financing, and recommended time
schedules; (4) the estimated annual cost of operating and
maintaining the facility to be constructed or acquired. The
above information may be revised and extended each
year with regard to capital improvements pending or in
the process of construction or acquisition.
7-6-4 At least ninety days prior to the start of the first
session of the annual town meeting, the selectmen
act on the capital improvements program and shall then
submit it to the finance committee, which shall issue its
recommendations as part of its printed recommendations
on the annual budget.
Section 7 Action on Proposed Budgets
7-7-1 The finance committee shall publish, in one or
more newspapers of general circulation in the town, a
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notice stating: (1) the times and places where copies of
the operating budget and capital improvements program
are available for inspection; and (2) the date, time, and
place, not less-than seven days after such publication,
when the finance committee and the board of selectmen
jointly shall conduct one or more public hearings on the
proposed operating budget and the capital improvements
program.
7-7-2 The committee shall have preliminary summaries
of its recommendations available at said hearings which
shall be distributed to those who request them.
7-7~3 The finance committee shall then issue its recom-
mendations in print on both the operating budget and the
capital improvements program, and make copies available
to the voters at least fourteen days prior to the first ses-
sion of the annual town meeting.
In preparing its recommendations, the finance committee
may require any town department, board, or office to
furnish it with appropriate financial reports and budgetary
information.
7-7-4 The board of se!ectmen shall be resPonsible for
presenting both the operating budget and the capital im-
provements program to the first session of the town
meeting.
Section 8 Budget Adoption
7.8-1 The town meeting shall adopt both of the budgets
with or without amendments, in the course of the first
session of the town meeting.
Section 9 Public'Records
7-9-1 The budget and the capital improvements pro-
gram shall be public records, and copies shall be kept
available for inspection at the office of the director of
finance and administrative services, and at the public
library.
Section 10 Collections and Disbursements
7-10-1 All monies received by the town or by any de-
partment or officer thereof, shall, upon their receipt by
such department or officer, be paid forthwith into the
town treasury.
7-10-2 Warrants for the payment of town funds, pre-
pared and signed by the town accountant in accordance
with general law procedures shall be submitted to the
board of selectmen, and their approval thereof shall be
Sufficient authorization for~ payment by the town treasurer.
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Section 11 Emergency Appropriations
7-11-1 To meet a public emergency affecting life, health,
property, or the public peace, the board of selectmen may
make emergency appropriations, to the extent that there
shall be available unappropriated revenues to meet su~ch
appropriations.
Section 12 Insufficiency of Funds
7-12-1 If at any time during the fiscal year it appears
probable to the executive assistant that the revenue avail:
able will be insufficient to meet the amount appropriated,
he shall report to the board of selectmen without delay,
indicating the estimated amount of the deficit and any
remedial action taken by him and his recommendations
as to any other steps to be taken. The board of selectmen
shall then take such further action as it deems necessary.
Section 13 Lapse of Appropriations
7-13-1 Every appropriation, except an appropriation
made by a separate warrant article, shall lapse at the
close of the fiscal year to the extent that it shall not have
been expended or encumbered by contract. An appropria-
tion made by a separate warrant article shall continue in
force until the purpose for which it was made shall have
been accomplished or abandoned. The purpose of any
such appropriation shall be deemed abandoned if three
years shall pass without any disbursement from or en-
cumbrance by contract of the appropriation.
7-]3-2 Unless authorized to do so by the finance com-
mittee, no department, commission, office or agency head
may expend more than one-twelfth of its annual operating
budget appropriation in the final month of any fiscal year,
unless previously encumbered by contract.
Section 14 Prohibitions
7-14-1 In addition to the prohibitions prescribed by law,
the submission of a bid by any compensated town officer
or employee on any contract to be awarded by the town
shall serve to vacate his office, unless otherwise author-
ized by general law.
CHAPTER $ ENVIRONMENTAL MATTERS
Section 1 Powers and Duties of Planning Board
8-1-1 The planning board established under chapter
four shall make recommendations to the board of select-
men on all matters concerning the physical, economic,
and environmental development of the town, as prescribed
by general law, and this charter.
15
8-1-2 The board shall be responsible for the develop-
ment and periodic updating of a comprehensive plan,
which shall be utilized as the basis of all planning activi-
ties, procedures, and recommendations in the town.
8-1-3 A copy of the comprehensive plan shall be kept
available for inspection at the office of the director of
finance and administrative services and at the public
library.
Section 2 Planning Director
8-2-1 The selectmen may appoint a planning director
from a list of two or more eligible candidates prepared by
the planning board. The director shall be professionally
qualified for the duties of his office by reason of educa-
tion, training, and experience, and shall provide his serv-
ices under the direction of the planning board.
Section 3
8-3-1 The board of selectmen shall have the authority
to condemn and compel to be removed, signs, billboards,
shacks, and dilapidated buildings, wherever the same mar
the beauty of the toWn, provided that such action shall
be undertaken in accordance with due process of law, and
that such resolution shall have been recommended pre-
viously by the planning board, or by the town's chief
inspecting officer.
CHAPTER 9 ADMINISTRATION
Section i Divisions and Departments Established
9-1-1 This charter establishes the following divisions,
each of which shall be under the supervision of a director:
(a) a division of public works; (b) a division of finance
and administrative services; (c) a division of zoning en-
forcement and inspection; (d) a department of police;
and (e) a department of fire.
9-1-2 Each division and department head shall be ap-
pointed by, and ultimately responsible to the board of
selectmen, and shall be under the general supervision of
the executive assistant.
Section 2 Division of Public Works
9-2-1 The division of public works shall be responsible
for: (a) the design, construction, maintenance, repair,
and cleaning of roads, sidewalks, storm drain sewers,
bridges, and other public way related structures; (b) the
maintenance, repair, and cleaning of all buildings owned
16
or leased by the town, except those of the school depart-
ment; (c) the development and maintenance of all ceme-
teries, parks, and recreational facilities, except those of
the school department; (d) snow removal; (e) providing
for and supervising the collection and disposal of garbage
and other refuse and the maintenance and operation of
all facilities for the disposal of same; (f) the supervision,
care, and replacement of trees, including those functions
previously undertaken by the tree warden and the moth
superintendent.
Section 3 Division of Finance and Administrative Services
9-3-1 The division of finance and administrative services
shall be responsible for the administration of the financial
affairs of the town, including the functions of collecting
and disbursing, and such other functions as may be pre-
scribed by general law, this charter, or through by.law.
9-3-2 The functions assigned by law to the tax collector,
town clerk, treasurer, and veterans' agent shall be as-
signed to this division.
9-3-3 Upon the expiration of the tenure granted by sec-
tion 11-2-2, the director of the division shall be the town
clerk.
Section 4 Division of Zoning Enforcement and Inspection
9.4-1 The division of zoning enforcement and inspection
shall be responsible for all inspecting functions, including
buildings, wire, plumbing, cesspools, gas, and those func-
tions assigned by law to all inspectors and to the sealer
of weights and measures.
Section 5 Personnel System
9-5-! All appointments and promotions of town officers
and employees shall be made on the basis of merit and
fitness demonstrated by examination or other evidence of
competence,
9-5-2 Personnel Rules, After consultation with the per*
sonnel board, the board of selectmen shall propose, and
the town meeting shall adopt, personnel rules relating to
all town positicn$, except those of the school department.
Such rules shall provide for (a) the classification of all
positions, based on the duties, responsibilities, and au-
thority of each position, with adequate provision for re-
classification of any position whenever warranted by
changed circumstances; (b) a salary and pay p~an for ail
positions; (c) methods of determining the merit and fit-
17
ness of candidates for appointment and promotion; (d)
policies and procedures regulating reduction in force and
removal of employees; (e) hours of work, attendance regu-
lations, and provisions for sick, vacation, military, and
other leave; (f) policies and procedures governing persons
holding provisional appointments; (g) policies and pro-
cedures governing relationships with employee organiza-
tions; (h) policies regarding inservice training programs;
(i) grievance procedures, including procedures for the
hearing of such grievances; and (j) such other practices
and procedures as may be necessary for the administra-
tion of the personnel system.
CHAPTER lO GENERAL PROVISIONS
Section 1 Amendment of Charter
10-1-1 This charter may be replaced, revised, or amend-
ed in accordance with the provisions of the constitution
and general law.
Section 2 Specific Provisions Shall Prevail
10-2-1 To the extent that any specific provision of this
charter shall conflict with any provision expressed in gen-
eral terms, the specific provision shall prevail.
Section 3 Severability of Charter
10-3-1 If any provision of this charter is held invalid, the
other provisions of the charter shall not be affected there:
by. If the application of the charter or any of its provisions
to any person or circumstance shall be held invalid, the
application of this charter and its provisions to other,
persons and circumstances shall not be affected thereby.
Section 4 Revision and Publication of By-laws
10-4-1 It shall be the responsibility of the board of se-
lectmen to insure, through an appointed by-law committee,
that the by-laws of the town shall be revised, codified, and
republished at least every five years, and that copies shall
be made available to all registered voters requesting them.
Section 5 Town Boards, Commissions, and Committees
10-5-1 All boards, commissions, and committees of the
town shall: organize annually and elect a chairman and
other necessary officers; establish a quorum requirement
for their meetings; adopt rules of procedure and voting;
maintain a journal of proceedings, copies of which shall
be a public record filed regularly with the director of the
division of finance and administrative services.
18
'i Section 6 Executive Sessions
10-6-1 No meeting of any town board, commission, com-
mittee, or subcommittee shall be held in executive session
except by a two-thirds vote of those present.
10-6-2 Executive sessions may be held only for the pur-
pose of discussing, or voting on, matters which cannot
be made public by reason of law or federal grant-in-aid
requirements, or which might adversely affect the public
security, the financial interest of the town (including mat-
ters relating to collective bargaining), and the reputation
of any person (including normal personnel actions).
10-6-3 Except when such a session is devoted to normal
personnel actions, any person to be discussed shall be
informed of the executive session, and shall have the
right to make written request to the board, indicating his
wish to be present and/or that the meeting be held in open
session.
Section 7 Boards and Positions Abolished
10-7-1 The following boards and positions shall be dis-
continued on July 1, 1971: the park and cemetery com-
mission; the tree warden; the moth superintendent.
CHAPTER 11 TRANSITIONAL PROVISIONS
Section i Continuation of By-laws
11-1-1 All special acts, by-laws, resolutions, rules, regu-
lations, and votes of the town meeting in force on the ef-
fective date of this charter, not inconsistent with its pro-
visions, shall continue in force until amended or repealed,
including, if any, by-laws which shall have been passed
and have been approved by the attorney general but not
published.
Section 2 Continuation of Government
11-2-1 Appointed or elected town officials holding office
on the effective date of this charter shall continue to
serve until the second Monday in April, or until their
successors have been qualified. All appointed officials
serving on the effective date of this charter shall be eligible
for reappointment, any contrary provisions thereof not-
withstanding.
,)~ 11-2.2 Notwithstanding any conflicting provision, the
adoption of this charter shall serve to grant tenure to
Mr. Harry W. Higgins as town clerk, for as long as he is
able and willing to discharge the duties of his office.
11-2-3 All committees, commissions, boards, depart-
ment and agency members, and other officers of the town
19
shall continue to perform their duties until reappointed,
reelected, or until their successors have been duly elected
or appointed, or their duties have ben transferred.
Section 3 Transfer of Records and Property
11-3-1 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, shall be transferred forth-
with to the office, department, or agency to which such
powers and duties are assigned.
Section 4 Continuance of Contracts and Other Obligations
11-4.1 All leases, contracts, franchises, and obligations
entered into by the town or for its benefit prior to the ef-
fective date of this charter shall continue in full force and
effect.
Section 5 Pending Actions and Proceedings
11-5.1 No action or proceedings, civil or criminal, in law
or in equity, pending at the time this charter shall take
effect, brought by or against the town or any office, de-
partment, or other agency thereof, shall be affected or
abated by the adoption of this charter.
Section 6 Appointments to Finance Committee
11-6-1 Within ten days of the adoption of this charter,
the moderator shall appoint members of the finance com-
mittee as follows: two members for terms of three years;
two members for terms of two years; and one member for
a term of one year or until their successors have been
appointed. Beginning in 1972, the moderator shall appoint
two members each year for a term of three years.
11,6-2 Begining in 1972 and every three years there-
after, the board of selectmen shall appoint two members
of the finance committee for terms of three years. Begin-
ning in 1973 and every three years thereafter, the board of
selectmen shall appoint two members for terms of three
years. In 1973 the board shall also appoint one member
for a term of one year. Beginning in 1974, and every three
years thereafter, the board shall appoint one member for
a term of three years.
0
Section 7 Effective Date
11-7-1 This charter shall be partly in effect upon adop-
tion by the voters, to permit the moderator to make five
appointments to the finance committee, as provided in
section 11-6-1.
11-7-2 This charter shall be in full effect on July 1,
1971, provided that it shall first have been approved by
a majority of the voters voting thereon. Those elective
and appointive offices which continue in accordance with
this charter, the terms of which would expire in March
shall serve until the second Monday in April of the same
year, or until their successors have been qualified.
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