| Home Page | Home Rule Charter |
| Date: | October 1997 |
| Location: | Town of Billerica, Massachusetts |
1. This Town of Billerica Charter was adopted in March 3, 1979.
2. This version of the Charter was re-Codified by a Committee in 1997.
3. The production of this document acknowledges the efforts of former Town Clerk Myrtie D. Smith and current Town Clerk Shirley E. Schult.
4. Charters are authorized to be promulgated by towns by the Massachusetts Constitution
2-5(a) Eligibility - Any voter shall be eligible to be a candidate, to be elected, and to serve as a town meeting member.
2-5(b) Nomination Procedure - Nomination of candidates to serve as town meeting member shall be made by nomination papers signed by not less than ten voters of the precinct in which he resides and from which he seeks election. The said nomination papers shall be submitted to the board of registrars not later than five o'clock in the afternoon on the forty-second day preceding the date of the town election. If the said nomination papers are found by the board of registrars of voters to contain a sufficient number of valid signatures, they shall be filed with the town clerk not later than twenty-eight days preceding the town election. The written acceptance of the candidate may be on or attached to the nomination papers when submitted to the board of registrars. However, the written acceptance of the candidate shall be on or attached to the nomination papers when filed with the town clerk in order for it to be valid.
2-5(c) Election and Term - At the first annual election following the establishment or revision of precinct lines, all of the representative town meeting members of the affected precincts shall be elected by ballots. The first third to the nearest whole number of town meeting members elected, in the order of votes received, shall serve for three years; the second third to the nearest whole number shall serve for two years; and the remaining third to the nearest whole number shall serve for one year from the date of their election. In case of a tie vote affecting the division into thirds, or otherwise, the town meeting members elected from the precinct, not affected by such tie, shall determine the same by ballot. Thereafter as the terms of town meeting members expire candidates shall be elected for three years terms to fill such expiring terms, and candidates shall be elected to fill the unexpired term of any vacancy then existing.
2-6(a) Resignation - A town meeting member may resign by filing a written resignation with the town clerk; such resignation shall take effect upon the date of such filing unless a date certain is specified therein when it shall take effect.
2-6(b) Removal From Town or Precinct - A town meeting member who removes from the town shall forthwith cease to be a town meeting member. A town meeting member who removes from one precinct in the town to another, or who is so removed by a revision of the precinct lines, may continue to serve as a town meeting member from the precinct from which he was elected until the next annual town election at which the remainder of his term, if any, shall be filled by ballot. Any person so removed from office may be elected at the same election as a town meeting member from the precinct to which he has removed.
2-6(c) Forfeiture of Office - If any person elected as a town meeting member shall fail to attend one-half or more of all of the sessions of the town meeting held in a calendar year his place may be declared vacant by a majority vote of the remaining members from his precinct. No such vote to declare an office vacant by reason of such failure to attend shall be valid unless a letter stating an intention to so do has been mailed by the town clerk to the last known address of such person at least seven days before the vote is taken. Whenever it shall appear to the town clerk from the records of the town meeting that such breach of conditions has occurred, or when such breach of condition is called to the attention of the town clerk by any other town meeting member and verified by such records, the town clerk shall direct a letter as aforesaid to such person.
2-6(d) Filling of Vacancies - Any vacancy in the full number of representative town meeting members to which any precinct shall be entitled shall be filled until the next annual town election from among the candidates for the office of town meeting member in such precincts at the most recent town elections who failed to be elected in descending order of votes received, provided such candidate remains eligible and willing to serve and provided further such candidate received at least ten votes for the office. The town clerk shall certify the said candidate to the office of town meeting member to serve until the next annual town election. In the event there is no such candidate the vacancy shall be filled by the remaining members of the precinct delegation from among the voters of the precinct.
2-11 (a) Representatives of Town Agencies - A designated representative of each town agency shall attend all sessions of the representative town meeting at which warrant articles pertinent to the said town agency are to be acted upon, for the purpose of providing information relative to such warrant articles to the town meeting. If any such person so designated shall be unable to attend due to illness or other reasonable cause he shall designate another person to attend in his place. If any person designated to represent a town agency at a representative town meeting session is not a town resident he shall, notwithstanding, be entitled to speak in order to provide information relative to such warrant articles pertinent to his responsibilities. Representatives of town agencies attending sessions of the town meeting under this section shall have the same right to speak as an elected town meeting member but shall have no right to make motions or to vote.
2-11 (b) Residents - Any resident of the town not an elected town meeting member may, notwithstanding, attend any of the sessions of the representative town meeting and, subject to such rules as may from time to time be adopted, participate in the proceedings, but may not vote.
2-12(a) In General - Every town meeting shall be called by a warrant issued by the board of selectmen which shall state the time and place of the meeting and, by separate articles, the subjects which are to be acted upon.
2-12(b) Initiation of Articles - The board of selectmen shall receive all petitions which are addressed to it and which request the submission of a particular subject matter to the representative town meeting and which are filed by(1) any elected town officer, including a member of a multiple member body;(2) any appointed multiple member body acting by a majority of its members;(3) any ten voters; subject to the subsequent certification by the board of registrars that at least ten of the signers are voters;(4) any other person, persons or town agency as may be authorized by by-law. All such requests for the inclusion of subjects shall be in writing, but they shall not be required to conform to any particular form or style, except that each request for a particular subject shall be submitted as a separate petition.
2-12(c) Time Requirements - The board of selectman shall place on the warrant for the spring and fall town meetings all subjects which have been submitted to it, in accordance with the provisions of this section, forty-five or more days before the date, fixed by by-law, on which such meetings are scheduled to be convened at which time said warrant shall close and thereafter no other subject not then in hand, and in writing, shall be added to the warrant by any person or agency, including the board of selectman. {WHEN THE SELECTMAN DETERMINE THERE IS A NEED TO CALL A SPECIAL TOWN MEETING THEY WILL BE REQUIRED TO GIVE NOTICE OF THAT FACT AND TO KEEP THE WARRANT FOR THE SPECIAL TOWN MEETING OPEN FOR AT LEAST TWO BUSINESS days.} Whenever the board of selectmen shall deem it to be necessary to call a special town meeting it shall, by publication in a local newspaper, give public notice of its intention. All requests for the inclusion of subjects, as provided above, which are received in the office of the board of selectmen prior to six o'clock p.m. on the second business day following such publication, or such longer period as may be authorized by a by-law designed to further implement this provision, shall be included in the warrant for such special town meeting, at which time said warrant shall close and thereafter no other subject not then in hand, and in writing, shall be added to the warrant by any person or agency, including the board of selectmen.
2-12(d) Publication - Within five days following the date the warrant for any town meeting shall close the board of selectmen shall compile, then sign and cause preliminary copies of the warrant in a format which may be determined by by-law for such meeting to be posted in each precinct of the town and copies of the preliminary warrant to be sent by mail to the town moderator, the chairman of the finance committee, the town counsel and to such other persons as may be designated by by-law. Additional copies of the preliminary warrant shall be made available at the office of the town clerk for any person who may request the same. When the official warrant has been prepared copies shall be distributed in the same manner as aforesaid.
2-12(e) Committees - The representative town meeting may, by by-law, provide for standing committees to which shall be referred warrant articles for study, review and report in advance of town meeting action. Such committees may be in addition to the finance committee, or they may assign some portion of the review now conducted by the finance committee to some other committee.
2-12(f) Quorum - One hundred and twenty-one town meeting members shall constitute a quorum for the transaction of all business to come before the representative town meeting, but a smaller number may adjourn from time to time. {THIS SECTION PROVIDES FOR A TOWN MEETING TO BE HELD ON A REGULAR BASIS IN THE FALL OF EACH YEAR. IT IS EXPECTED, BASED ON THE EXPERIENCE OF OTHER TOWNS WHICH HAVE SIMILAR PROVISIONS, THAT THIS WILL REDUCE THE NUMBER OF SPECIAL MEETINGS HELD NOW EACH YEAR. THE SPRING MEETING WILL BE PRIMARILY THE BUDGET MEETING, AS IS THE CASE NOW, BUT KNOWING A MEETING WILL ALSO BE HELD IN THE FALL OTHER MATTERS CAN BE DEFERRED FOR ACTION THEN.}
2-12(g) Open Meetings - All sessions of the representative town meeting shall at all times be open to the public and to the press.
2-12(h) Rules and Journals - The representative town meeting may, at the first session of the spring town meeting adopt additional rules for the governing of its proceedings, not inconsistent with this charter, by-laws or general laws. The Town Clerk shall keep the journal of its proceedings, as provided in section 2-9. A certified copy of the town meeting journal shall be kept available in the town library.
2-12(i) Time of Meeting - The representative town meeting shall meet at least twice in each calendar year. The first such meeting shall be held during the second three months of the calendar year, on a date fixed by by-law, and shall be primarily concerned with the determination of matters involving the expenditure or commitment of town funds, including but not limited to the adoption of an annual operating budget for all town agencies. The second such meeting, the powers of which shall be deemed to be those of annual town meeting, shall be held during the last four months of the calendar year, on a date fixed by by-law. In addition to the two meetings required by this section the board of selectmen may, in their discretion, for the purpose of acting on the legislative business of the town in an orderly and expeditious manner, call the representative town meeting into session at other times by the issuance of warrants for that purpose.
2-12(j) Town Counsel Reviews - Forthwith following the date on which any article to be included in a warrant for any town meeting has been received by the board of selectmen, and after the names of voters contained on any petition for inclusion of a subject on the said warrant, in conformity with section 2-12,(b),(3), have been certified by the board of registrars of voters, a copy of the said article shall be delivered to the town counsel. Within five days following the date any proposed warrant articles are submitted to him, the town counsel shall make a preliminary review of the subject matter of each such proposed article for the purpose of determining if each such measure may validly be adopted by the representative town meeting, both in terms of its content and its form and including notation of any special requirements relating to valid action on such subject matter by reason of public hearings, special votes or otherwise. A written copy of the preliminary opinion of the town counsel., as aforesaid, shall be delivered to the person or agency having submitted each article in the warrant as it relates to said article. Not less than fourteen days prior to the date on which the representative town meeting is scheduled to act upon the warrant, the town counsel shall submit a legal opinion, in such detail as may be individually appropriate, for each article contained in the warrant.
2-13(a) Effective Date of Final Votes - No final vote of the representative town meeting under any warrant article, but not including a vote to adjourn or to dissolve a town meeting vote appropriating money for the payment of notes or bonds of the town and interest thereon coming due within the then current fiscal year, a vote authorizing the borrowing of money in anticipation of taxes or other revenue, or a vote declared by preamble to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the town, shall be operative until the expiration of seven days following the dissolution of the meeting. If a petition as provided hereafter in this section is not filed within the said seven days, the votes of the representative town meeting shall then become operative.
2-13(b) Non-Final Votes - Any article disposed of by a vote to lay upon the table, or postpone indefinitely, or to by other procedural device which avoids a vote upon the merits of the principal question, shall be deemed to have been rejected in the form in which it was presented.
2-13(c) Petition - If within seven days following the dissolution of a representative town meeting, a petition signed by not less than five percent of the voters, containing their names and addresses, is filed with the board of selectmen requesting that any question as voted by the town meeting members be referred to the voters at large for a final determination, then the operation of any such vote shall be further suspended pending its determination as provided in this section. The board of selectman shall, within ten days after the filing of such a petition, call a special election to be held on a date fixed by it not less than fourteen nor more than twenty-one days later for the purpose of presenting such question to the voters for final determination.
2-13(d) Form of Question - Any question submitted to the voters under this section shall be stated on the ballot in substantially the same language and form in which it was stated when presented by the moderator to the town meeting members, as appears in the record of the clerk of the meeting.
2-13(e) Election - All votes upon any question so submitted shall be taken by ballot, and the conduct of such election shall be in accordance with the provisions of law relating to elections, generally. The questions so submitted shall be determined by a vote of the same proportion of the voters voting thereon as would have been required for the matter to be adopted by the representative town meeting. Provided, however that no vote the effect of which is the reverse of the vote taken at the representative town meeting shall be operative unless at least twenty percent of the total number of persons registered to vote as of the date of the preceding town election shall have participated in the special election.
3-1(a) Elective Offices - The offices to be filled by the voters shall be a board of selectmen, a school committee, a planning board, a town clerk and a town moderator. In addition a housing authority and such other members of regional authorities or districts as may be established by law or interlocal agreement may also be filled by the voters.
3-1(b) Eligibility - Any voter shall be eligible to hold any elective town office provided, however, no person shall simultaneously hold more than one elected town office as defined in this section.
3-1(c) Town Election - The annual election of town officers and for the determination of all other questions to be made by the voters, shall be held on such date as may be fixed by by-law.
3-1(d) Nomination - The number of signatures of voters required to place the name of a candidate for any town office on the official ballots for use at any town election shall be not less than fifty.
3-1(e) Compensation - Elected town officials may receive such compensation for their services as may annually be appropriated for that purpose.
3-1(f) Coordination - Notwithstanding their election by the voters, the town officers named in this section shall be subject to the call of the board of selectmen, at all reasonable times, for consultation, conference and discussion on any matter relating to their respective offices.
3-1(g) Filling of Vacancies - If a vacancy shall occur in any elective town office more than ninety days preceding a regular town election such vacancy shall be filled by the candidate who, at the most recent town election was a candidate for a full term to such office who failed to be elected, but did receive more than twenty-five percent of the total ballots cast in the election and further provided such candidate remains eligible and willing to serve in the office. If more than one candidate shall meet the requirements said candidates shall be considered in descending order of votes received. The town clerk shall within ten days following notification of any such vacancy certify the said candidate to the office to serve until the next regular town election. In the absence of any such candidate the vacancy shall be filled in the manner provided by general laws. If less than ninety days shall elapse before the next regular town election the vacancy shall remain until such regular election. Provided, however, that if said vacancy occurs after the time for filing of nomination papers for town office in the current year has expired and as a result thereof the vacancy will not be filled at such ensuing election the provisions of this section shall apply and the candidate at the preceding election who otherwise qualifies, shall fill such vacancy until the vacancy can be filled by the voters at a regular town election. {THIS SECTION RECOGNIZES THE BOARD OF SELECTMEN AS A COORDINATING AUTHORITY FOR ALL TOWN AFFAIRS. THE PROVISION IS NOT INTENDED TO AUTHORIZE THE SELECTMEN TO INTERFERE IN MATTERS UNDER THE CONTROL OF OTHER OFFICIALS BUT MERELY ENABLES THEM TO CAUSE A DISCUSSION TO TAKE PLACE FOR THE OVERALL GOOD OF THE TOWN. THIS METHOD WILL OBVIATE THE NECESSITY OF HOLDING SPECIAL ELECTIONS TO FILL CERTAIN VACANCIES AND REDUCE THE 'POLITICS' WHEN VACANCIES DO OCCUR.}
3-2(a) Composition, Term of Office - There shall be a board of selectmen consisting of five members elected for three year terms, so arranged that as nearly an equal number of terms as possible shall expire each year.
3-2(b) Powers and Duties - The executive powers of the town shall be vested in the board of selectmen. The board of selectmen shall have all of the executive powers given to boards of selectmen by general law or otherwise. The board of selectmen shall serve as the chief policy making agency of the town, responsible for the issuance of policy directives and guidelines to be followed by all town agencies serving under it, provided, however, that no individual member of the board of selectmen, nor a majority of them, shall at any time, attempt to become involved in the day-to-day administration of the affairs of the town. It is the intention of this provision that the board of selectmen shall act only through the adoption of policy directives and guidelines which are to be implemented by officers and employees appointed by or under its authority. The board of selectmen shall cause all of the laws and orders for the government of the town to be enforced and shall cause a record of all its official acts to be kept. To aid it in the performance of its duties the board of selectmen shall appoint a town administrator, as provided in section 3-3, and shall establish written goals and objectives for said office annually.
3-2(c) Appointing Powers - The board of selectmen shall appoint the town administrator, the town accountant, the town counsel, the registrars of voters(but not the town clerk) and other election officers, the board of appeals, the conservation commission and constables and such other town officers as may be provided by charter or by by-law.
3-2(d) Licensing Authority - The board of selectmen shall be a licensing board for the town and shall have a power to grant licenses, to make all necessary rules and regulations regarding the granting of such licenses and to attach conditions and to impose restrictions on any such license it may grant as it deems to be in the public interest, and to enforce all laws relating to all such businesses for which it grants licenses. {THE SELECTMEN ARE DESIGNATED AS A LICENSE BOARD BY STATE LAW. THIS SECTION DOES NOT EXTEND ANY NEW POWERS TO THEM, IT MERELY SETS OUT FOR ALL TO SEE ONE OF THE VERY IMPORTANT FUNCTIONS THEY NOW DO PERFORM.}
3-3(a) Appointment, Qualifications, Term of Office - The board of selectmen shall appoint a town administrator to serve for an indefinite term and shall fix his compensation within the amount appropriated for that purpose. The board of selectmen shall make such appointment from a list of nominees submitted to it by a screening committee established by by-law. The office of town administrator shall not be subject to the consolidated personnel by-law, if any, of the town. The town administrator shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a person of proven professional ability, especially fitted by education, training and previous experience in municipal administration to perform the duties of the office. The town administrator shall devote his full time to the office and shall not hold any other public office, elective or appointive, nor shall he engage in any other business, occupation or profession during his term, unless such action is approved in advance, in writing, by the board of selectmen. The town may, by by-law, from time to time, establish such additional qualifications as seem necessary and appropriate.
3-3(b) Powers and Duties - The town administrator shall be the chief administrative officer of the town and shall be responsible to the board of selectmen for the proper discharge of all duties of the office and for the proper administration of all town affairs placed under his charge by or under the charter. The powers and duties shall include, but need not be limited to the following:
3-3-b(1) GENERAL STATEMENT OF POWERS- He shall supervise, direct and be responsible for the efficient administration of all functions under his control, as may be authorized by the charter, by by-law, by other town meeting vote or by vote of the board of selectmen, including all officers appointed by him and their respective departments.
3-3-b(2) APPOINTMENT POWERS- He shall appoint, and may remove, subject to the civil service law where applicable, all department heads, all officers and subordinates and employees for whom no other method of selection is provided by the charter or by by-law except persons serving under other elected officers or elected multiple member bodies. Appointments made by the town administrator and certified by the personnel board for regulatory compliance shall become effective on the fifteenth day following the day on which notice of the proposed appointment is filed with the board of selectmen, unless the board of selectmen shall, within said period by majority vote of the full board vote to reject any such appointment. Copies of all notices of appointments made by the town administrator shall forthwith be posted on the town bulletin boards. {SELECTMEN MAY 'VETO' HIS APPOINTMENTS. PUBLIC NOTICE OF HIS APPOINTMENTS}
3-3-b(3) SERVES AS PERSONNEL DIRECTOR IN CONJUNCTION WITH PERSONNEL BOARD- He shall, in conjunction with a personnel board established by by-law, be entrusted with the administration of a town personnel system, including but not limited to personnel policies and practices, rules and regulations, personnel by-law and all collective bargaining agreements entered into on behalf of the town. He shall, in conjunction with the personnel board, prepare, maintain and keep current a plan establishing the personnel staffing requirements for each town agency, except those under the jurisdiction of the school committee.
3-3-b(4) FIXES SALARIES FOR PERSONS SERVING UNDER HIM- He shall fix the compensation of all town officers and employees appointed by the town administrator within the limits established by appropriation.
3-3-b(5) TO ATTEND ALL MEETINGS OF THE BOARD OF SELECTMEN- He shall attend all regular and special meetings of the board of selectmen, unless excused at his own request, and shall have a voice, but no vote, in all of its discussions.
3-3-b(6) TO ATTEND ALL SESSIONS OF THE TOWN MEETING- He shall attend all sessions of the representative town meeting and shall answer all questions concerning warrant articles which are directed to him and which relate to matters under his general supervision.
3-3-b(7) TO ASSURE THAT ALL LAWS, BY-LAWS, ETC., ARE ENFORCED- He shall see that all provisions of general laws, the charter, the by-laws and other votes of the town meeting and votes of the board of selectmen which require enforcement by him, or officers and employees subject to his direction and supervision, are faithfully carried out, performed and enforced.
3-3-b(8) TO SUBMIT A PROPOSED BUDGET TO THE FINANCE COMMITTEE- He shall prepare and submit in the manner provided in article 5, a proposed annual operating budget and a proposed capital outlay program.
3-3-b(9) TO KEEP THE SELECTMEN FULLY INFORMED ON TOWN FINANCES- He shall keep the board of selectmen fully informed as to the financial condition and needs of the town, and shall make such recommendations to the board of selectmen at the end of each fiscal year and at such other times as it may reasonably require.
3-3-b(10) TO ASSURE THAT COMPLETE RECORDS ARE KEPT- He shall assure that full and complete records of the financial and administrative activities of the town are kept and shall render full reports to the board of selectmen at the end of each fiscal year and at such other times as it may reasonably require.
3-3-b(11) TO HAVE JURISDICTION OVER ALL TOWN PROPERTY EXCEPT SCHOOL BUILDINGS AND GROUNDS- He shall have jurisdiction over the rental and use of all town facilities, except those under the jurisdiction of the school committee. He shall be responsible for the maintenance and repair of all town facilities, including, if authorized by a town meeting vote, school buildings and grounds.
3-3-b(12) TO HAVE AUTHORITY TO MAKE INQUIRIES CONCERNING THE OPERATION OF ANY town agency- He may at any time inquire into the conduct of office of any town officer, employee or agency under his supervision.
3-3-b(13) TO ASSURE THAT A FULL INVENTORY OF ALL PROPERTY BELONGING TO THE TOWN IS KEPT- He shall assure that a full and complete inventory of all property of the town, both real and personal, is kept, including all property under the jurisdiction of the school committee and other elected town officers and multiple member bodies.
3-3-b(14) TO BE RESPONSIBLE FOR NEGOTIATIONS WITH TOWN EMPLOYEES, WITH A PROVISION THAT THE BOARD OF SELECTMEN MAY 'VETO' ANY PROPOSED COLLECTIVE BARGAINING CONTRACT HE SUBMITS- He shall be responsible for the negotiations of all contracts with town employees over wages, hours, and other terms and conditions of employment; provided, however, that any such contract as he may propose may be rejected by a majority vote of the full board of selectmen within fifteen days following the date it is submitted to such board.
3-3-b(15) TO BE RESPONSIBLE FOR A CENTRAL PURCHASING FUNCTION- He shall be responsible for the purchase of all supplies, materials, equipment and services, and shall award all contracts for supplies, materials, equipment and services for all departments and activities of the town, excluding the school department, except in case of emergency. He shall examine and inspect or cause to be examined and inspected, the quality and condition of all supplies, materials, equipment and services delivered to or received by any town agency, excluding the school department.
3-3-b(16) TO HAVE A POWER TO REORGANIZE THE TOWN ADMINISTRATIVE STRUCTURE TO MAKE IT MORE EFFICIENT AND MORE EFFECTIVE- He may, in the manner provided in article 4 re-organize, consolidate or abolish town agencies in whole or in part, provide for new town agencies and, when incident to any such re-organization, with the approval of the finance committee, transfer all or a portion of the appropriation made for one town agency to another.
3-3-b(17) TO HAVE AN AUTHORITY TO DELEGATE CERTAIN OF RESPONSIBILITIES TO SUBORDINATES- He may authorize any subordinate officer or employee to exercise any power or function he is authorized to exercise, provided, however, that all acts performed under such delegation shall be deemed to be his acts.
3-3-b(18) TO PERFORM OTHER DUTIES AS MAY BE REQUIRED OF HIM BY THE SELECTMEN OR TOWN MEETING- He shall perform such other duties as may be required of him by the charter, by by-law or other town meeting vote or by vote of the board of selectmen.
3-3(c) Acting Town Administrator
3-3-c(1) Temporary Absence - The town administrator shall, subject to the approval of the board of selectmen, and by letter filed with the board of selectmen and the town clerk, designate a qualified town officer or employee to exercise the powers and perform the duties of his office during his temporary absence. During the temporary absence of the town administrator the board of selectmen may not revoke such temporary designation until at least ten working days have elapsed whereupon it may appoint another qualified town officer or employee to serve as acting town administrator until the town administrator shall return.
3-3-c(2) Vacancy - Any vacancy in the office of town administrator shall be filled as soon as possible by the board of selectmen, but pending such full time appointment they shall designate a qualified town officer or employee to perform the duties of the town administrator on a temporary basis. Such temporary appointment shall not exceed three months, but one additional renewal may be voted not to exceed a second three months.
3-3-c(3) Powers and Duties - The powers of an acting town administrator, under (1) and (2) above, shall be limited to matters not admitting of delay and shall only include authority to make temporary, emergency appointments to any town office or employment. {THE SELECTMEN MAY REMOVE THE TOWN ADMINISTRATOR AT ANY TIME, SUBJECT ONLY TO A PUBLIC HEARING.}
3-3(d) Removal and Suspension - The board of selectmen may, by majority vote of the full board, terminate or suspend the town administrator from his office in accordance with the following procedure: Before the town administrator may be removed, if he so demands, he shall be given a written statement of the reasons alleged for his removal and shall have a right to be heard publicly thereon at a meeting of the board of selectmen prior to the final vote on the question of his removal, but pending and during such hearing the board of selectmen may suspend him from office. The town moderator shall preside at any hearing held by the board of selectmen on the removal of a town administrator under this section. The action of the board of selectmen in suspending or removing the town administrator shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the board of selectmen.
3-4(a) Composition, Term of Office - There shall be a school committee consisting of five members elected for three year terms, so arranged that as nearly an equal number of terms as possible shall expire each year.
3-4(b) Powers and Duties - The school committee shall have all of the powers and duties school committees are given under general laws and such additional powers and duties as may be authorized by the charter, by by-law or by other town meeting vote. The powers of the school committee shall include but need not be limited to the following:
3-4-b(1) The school committee shall appoint a superintendent of the schools and all other officers and employees connected with the schools, fix their compensation and define their duties, make rules concerning their tenure of office, and discharge them.
3-4-b(2) The school committee shall make all reasonable rules and regulations, consistent with law, for the administration and management of the public school system of the town.
3-5(a) Term of Office - There shall be a town moderator elected for a term of three years.
3-5(b) Powers and Duties - The town moderator, as provided in section 2-8, shall preside and regulate the proceedings at all sessions of the representative town meeting and shall have all the powers and duties given to town moderators by general laws and such additional powers and duties as may be provided by charter, by by-law or by other town meeting vote.
3-6(a) Term of Office - There shall be a town clerk elected for a term of three years.
3-6(b) Powers and Duties - The town clerk shall be the keeper of vital statistics for the town, the custodian of the town seal and all records of the town, shall administer the oath of office to all town officers, elected or appointed, shall issue such licenses and permits as are required by general law to be issued by such clerks, supervise and manage the conduct of all elections and matters relating thereto, be the clerk of the representative town meeting, keep its records and in the absence of the town moderator and the assistant town moderator, serve as temporary presiding officer. The town clerk shall have all the other powers and duties which are given to town clerks by general laws and such additional powers and duties as may be provided by charter, by by-law or by other town meeting vote.
3-6(c) Vacancy - If a vacancy occurs in the office of town clerk within 90 days precedidng the annual town election, the assistant town clerk, if any, shall serve as town clerk until a new town clerk is elected and sworn into office.
3-7(a) Composition, Term of Office - There shall be a planning board consisting of seven members elected for three year terms, so arranged that as nearly an equal number of terms as possible shall expire each year. Members of the board who, prior to the adoption of this charter amendment, were elected for five years terms shall continue to serve for the duration of the terms for which they were elected; upon expiration of such terms, such offices shall be filled in the manner provided in this charter.
3-7(b) Powers and Duties - The planning board shall make studies and prepare plans concerning the resources, possibilities and needs of the town. The planning board shall have the power to regulate the sub-division of land within the town by adoption of rules and regulations governing such development. The planning board shall annually report to the town, giving information regarding the condition of the town and any plans or proposals known to it affecting the resources, possibilities and needs of the town. The planning board shall have all of the powers and duties given to planning boards by general laws and such additional powers and duties as may be provided by charter, by by-law or by other town meeting vote.
3-8(a) Composition, Term of Office - There shall be a housing authority consisting of five members. Four of these members shall be elected by the voters of the town; the fifth member shall be a resident of the town appointed by the commonwealth through the department of community affairs, or as otherwise provided by law. All members of the housing authority shall serve for terms of five years, so arranged that the term of one member shall expire each year.
3-8(b) Powers and Duties - The housing authority shall have all the powers and duties given to the housing authorities by general laws.
4-1(a) By-laws - Pursuant to the authority contained in section twenty of chapter forty-three B of the general laws, the town meeting may, by by-law, reorganize, consolidate, or abolish any town agency in whole or in part and establish such new town agencies as it shall deem to be necessary or advisable. Such by-laws may prescribe the functions of any town agency. {THIS SECTION IS SIMILAR TO A REORGANIZATION POWER AVAILABLE TO THE GOVERNOR OF THE COMMONWEALTH, A REORGANIZATION PLAN MAY BE SUBMITTED TO THE TOWN MEETING WHICH MUST BE ADOPTED OR REJECTED AS A WHOLE. THE CAPACITY OF THE TOWN MEETING TO AMEND SUCH A PROPOSAL IS RESTRICTED.}
4-1(b) Administrative Code - Pursuant to the authority contained in section twenty of chapter forty-three B of the general laws, the town administrator may, after consultation with the board of selectmen, submit to the representative town meeting, a plan of organization or reorganization, or amendments to any existing plan for any town agency under his general supervision. Whenever the town administrator prepares such a plan he shall hold one or more public hearings concerning the proposal giving notice by publication in a local newspaper not less than seven nor more than fourteen days in advance which notice shall describe the scope of the proposal and the time and place at which a public hearing will be held. Following such hearing the town administrator may provide for the submission of the same plan to the representative town meeting by warrant article. The authority of the representative town meeting concerning the provisions of a proposed administrative code provision shall be limited to the approval or rejection of it; the representative town meeting shall not vote to amend or to alter it.
4-2(a) Scope - There shall be a department of public works responsible for the performance of all public works activities of the town, placed under its control by the charter, by by-law or otherwise. The department of public works shall assume all of the duties and responsibilities and perform all of the functions including but not limited to those which prior to the adoption of this provision were performed by the department of public works and the sewer commission,
4-2(b) Director of Public Works - The town administrator shall appoint a director of public works to serve as the head of the department of public works. The director of public works shall serve for a term of three years. He shall be a person especially fitted by education, training and previous experience in public works administration to perform the duties of the office. The director of public works shall be responsible to the town administrator for the supervision of all public works operations and activities of the town in accordance with policy directives, guidelines and priorities as established by the board of selectmen. The director of public works shall be responsible for the coordination of all divisions within the department in accordance with general laws, the charter, by-laws, policies established by the board of selectmen and administrative directives of the town administrator.
5-2(a) Submission to Town Administrator - The budget proposed by the school committee shall be submitted to the town administrator within a time fixed by by-law to enable him to consider its effect on the total town budget he is required to submit under this article.
5-2(b) Public Hearing by School Committee - At least fourteen days before the meeting at which the school committee is to vote on its final budget request, the school committee shall cause to be published in a local newspaper a general summary of its proposed budget. The summary shall specifically indicate any major variations from the current budget, and the reason for such changes. They shall also indicate the times and places at which copies of their complete draft budget are available for public examination, and the date, time and place, not less than seven days following such publication, when a public hearing shall be held by the school committee on the proposed budget.
5-2(c) Adoption - The action of the school committee in adopting the budget following the public hearing shall be summarized and the vote of each member on any amendments offered to the proposed budget shall be recorded.
5-5(a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by town agency, function and work programs, and the proposed methods of financing such expenditures;
5-5(b) Proposed capital expenditures during the ensuing fiscal year, detailed by town agency, and the proposed method of financing each such capital expenditure;
5-5(c) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes.
5-6(a) Public Hearing - The finance committee shall, forthwith upon receipt of the proposed budget, provide for the publication in a local newspaper of a notice stating the date, time and place, not less than seven nor more than fourteen days following such publication, when a public hearing shall be held by the finance committee on the proposed budget.
5-6(b) Finance Committee, Procedure - The finance committee shall consider, in public meetings, the detailed expenditures for each town agency as proposed by the town administrator, and may confer with representatives of any such town agency in connection with its considerations. The finance committee may require the town administrator or any other town agency, to furnish it with such additional information as it may deem to be necessary to assist it in review of the proposed budget.
5-6(c) Presentation to Town Meeting - The finance committee shall file a report containing its recommendations for action on the proposed budget, which shall be available not less than seven days prior to the date on which the town meeting is to act on the proposed budget. When the proposed budget is before the town meeting for action it shall first be subject to amendment, if any, as may be proposed by the finance committee.
5-7(a) A clear, concise, general summary of its contents;
5-7(b) A listing of all capital expenditures proposed to be made during the five fiscal years next ensuing, with supporting information as to the need for each such expenditure;
5-7(c) Cost estimate methods of financing and recommended time schedules;
5-7(d) The estimated annual cost of operating and maintaining any new facility or place of major equipment involved. The information is to be annually revised with regard to all items still pending or in the process of being acquired, improved, or constructed.
6-4(a) Application - Any person who holds an elected town office, but not including an elected town meeting member, with more than six months remaining of the term of office, may be recalled from the office by the voters, in the manner provided in this section.
6-4(b) Recall Petitions - One hundred and fifty or more voters may file with the town clerk an affidavit containing the name of the officer whose recall is sought and a statement of the grounds upon which the petition is based. The signatures on such petitions shall contain the names of at least ten voters in each of the precincts into which the town is divided for the purpose of electing town meeting members. If the said petition is found to be valid the town clerk shall thereupon deliver to the ten persons first named on such petitions, petition blanks demanding said recall, printed forms of which he shall keep available. The blanks may be completed by printing or typewriting; they shall be addressed to the board of selectmen; they shall contain the names of the ten persons to whom they are issued and the grounds for recall as stated in the affidavit; they shall demand the election of a successor to the office; they shall be dated and signed by the town clerk. The recall petitions shall be returned to the office of the town clerk within twenty days following the date they are issued, signed by at least ten percent of the total number of persons registered to vote as of the date of the most recent town election. The town clerk shall, within twenty-four hours following such filing with him, submit the petitions to the board of registrars of voters which shall within five days thereafter, certify thereon the number of signatures which are the names of voters.
6-4(c) Recall Elections - If the petitions shall be certified by the registrars of voters to be sufficient, the town clerk shall forthwith submit the same with his certificate to the board of selectmen. Upon its receipt of the certified petition the board of selectmen shall forthwith give notice, in writing, of said petition to the officer whose recall is sought. If said officer does not resign his office within five days following delivery of the said notice, the board of selectmen shall order a special election to be held not less than thirty-five nor more than sixty days after the date of the certification of the town clerk that the petition is sufficient. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, but only the ballots for candidates need be counted.
6-4(d) Nomination of Candidates - An officer whose recall is sought may not be a candidate to succeed himself in the event the vote on the question of recall is in the affirmative. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the recall election shall be in accordance with the charter and general laws regulating elections.
6-4(e) Propositions on the Ballot - Ballots used at the recall election shall state the proposition in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Adjacent to each proposition shall be a place to vote for either of said propositions. After the said proposition shall appear the word 'candidates' and the names of candidates arranged as provided in section 6-2. If a majority of the votes cast on the proposition is against the recall the votes for candidates need not be counted. If a majority of the votes cast is in favor of the recall the votes for candidates shall be counted and the candidate receiving the highest number of votes shall be declared elected.
6-4(f) Officerholder - The incumbent shall continue to hold his office and to perform his duties until the recall election. If he is not then recalled he shall continue in office for the remainder of his unexpired term, subject to recall as provided in section(g) below. If the officer is recalled he shall be deemed removed upon the certification of the election results. The candidate who receives the highest number of votes shall serve for the balance of the unexpired term.
6-4(g) Request of Recall Petition - No recall petition shall be filed against an officer within six months after he takes office, or in the case of an officer subjected to a recall election and not recalled thereby, until at least six months after the election at which his recall was submitted to the voters.
7-5(a) Charter - The word "charter" shall mean this charter and any amendments to it which may hereafter be adopted.
7-5(b) Days - The word "days" shall refer to business days, not including Saturdays, Sundays and legal holidays when the time set is less than seven days; when the time set is seven days or more, every day shall be counted.
7-5(c) Emergency - The word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action.
7-5(d) general laws - The words "general laws"(all lower case letters) shall mean laws which apply alike to all cities and towns, or to all towns, or to a class of municipalities of which Billerica is a member.
7-5(e) General Laws - The words "General Laws"(used with initial capital letters) shall refer to the General Laws of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently enacted.
7-5(f) Local Newspaper - The words "local newspaper" shall mean a newspaper of general circulation in the town of Billerica.
7-5(g) Majority Vote - The words "majority vote" shall mean a majority of those present and voting, provided a quorum of the body is present when the vote is taken.
7-5(h) Multiple Member Body - The words "multiple member body" shall mean any body consisting of two or more persons, whether elected, appointed, or otherwise constituted, but not to include the representative town meeting.
7-5(i) Town - The word "town" shall mean the town of Billerica.
7-5(j) Town Agency - The words "town agency" shall mean any board, commission, committee or other multiple member body, department, division, or office of the town of Billerica.
7-5(k) Town Bulletin Boards - The words "town bulletin boards" shall mean the bulletin board in the Town Hall on which official notices are posted, and those at such other locations within the town as may, from time to time, be established by the board of selectmen.
7-5(l) Voters - The word "voters" shall mean persons who are registered to vote in the town of Billerica.
7-7(a) A written notice of the intent to remove or to suspend and a statement of the cause or causes therefor, shall be delivered in hand to the officer or employee, or mailed, by registered or certified mail to his last known address.
7-7(b) Within fivedays following delivery of the said notice, the officer or employee may request a public hearing by submitting, in writing, a request therefor to the appointing authority and personnel board, and by filing a copy of said request in the office of the town clerk and personnel board.
7-7(c) The personnel board shall hold a public hearing not less than seven nor more than fourteen days following the date of receipt of a request therefor, and shall give not less than five days written notice of such public hearing to the officer or employee affected. The officer or employee shall have a right to be represented by counsel at such hearing, to call witnesses, to examine witnesses and to introduce evidence at the public hearing.
7-7(d) Not more than fourteendays following the public hearing, or not more than fourteen days following the delivery of the original notice of intent if no public hearing has been requested, the appointing authority shall take final action on the removal or suspension and shall, forthwith, notify the officer or employee of the removal or susspension, or that the notice of intent has been rescinded.
7-9(a) Charter Review - At least once in every ten years, in every year ending in a five, a special committee shall be appointed by the town moderator, for the purpose of reviewing the provisions of the charter and to make a report, with recommendations, to the town meeting, concerning any proposed amendments or revisions which said committee may deem to be necessary or desirable.
7-9(b) By-Laws - At least once in every five years, in years ending in a five, or in a zero, the town meeting shall provide for the establishment of a special committee which shall be charged with the responsibility to review the then existing by-laws of the town for the purpose of determining if any amendments or revisions may be necessary or desirable. Such review shall be conducted under the supervision of the town counsel, or, if the town meeting so directs, by special counsel retained for that purpose. A report, with recommendations, shall be submitted to the town meeting not more than ten months following the date such committee is appointed.
7-9(c) Copies of Charter and By-Laws - Copies of the charter and by-laws of the town, as most recently amended or revised, shall be kept available for distribution to any person who may request the same at the office of the town clerk. A charge, not to exceed the actual cost of reproduction of the said material, may be charged. In any interval between publication of the charter or by-laws, as amended or revised, supplements shall be published which shall contain all enactments affecting the charter or by-laws since last published in consolidated form.
7-10(a) Meetings - All multiple member bodies, whether elected, appointed or otherwise constituted, shall meet regularly at such times and places within the town as they may, by vote, prescribe. Special meetings of any multiple member body shall be held upon the call of its chairman, or by one-third of the members thereof, by notice to each member, except in the case of emergency, at least forty-eight hours in advance of the time set, which indicates the subject to be acted upon. A copy of the same notice shall be posted on the town bulletin board. Regular meetings of all multiple member bodies shall be held in public buildings of the town of Billerica.
7-10(b) Rules and Journals - Each multiple member body shall determine its own rules and order of business, unless otherwise provided by the charter or by-law, provided, however, that each multiple member body shall provide some period of time at each of its meetings for members of the public who are present to ask questions, state opinions and otherwise interchange information with the members of the multiple member body. Each multiple member body shall also provide for the keeping of a journal of its proceedings. These rules and the journal shall be a public record, and certified copies of each shall be kept on file in the Billerica Public Library and in the office of the town administrator.
7-10(c) Voting - If requested by any member, any vote of a multiple member body shall be taken by a roll call vote and the vote of each member shall be recorded in the journal, provided, however, if any vote is unanimous only that fact need be recorded.
7-10(d) Quorum - A majority of the full membership of a multiple member body shall constitute a quorum, but a smaller number may meet and adjourn from time to time. While a quorum is present, unless other provision is made by law, all business shall be determined by a majority of those present and voting.
7-10(e) Filling of Vacancies - Whenever a vacancy shall occur in the membership of any appointed multiple member body the remaining members shall forthwith give written notice of such vacancy to the appointing authority. If, at the expiration of thirty days following delivery of such written notice to the appointing authority, said appointing authority has not appointed some person to fill the vacancy, the remaining members of the multiple member body shall fill such vacancy for the remainder of the unexpired term by a majority vote of the remaining members.
7-14(a) Application - Any person who holds an appointed town office not covered by the provisions of civil service or the terms of a collective bargaining agreement, with more than six months remaining of the term of office may be removed from office in the manner provided in this section.
7-14(b) Removal Petitions - One hundred and fifty or more voters may file with the town clerk an affidavit containing the name of the official whose removal is sought and a statement of the grounds upon which the petition is based. The signatures on such petitions shall contain the names of at least ten voters in each of the precincts into which the town is divided for the purpose of electing town meeting members. If said petition is found to be valid, the town clerk shall thereupon deliver to the ten persons first named on such petition, petition blanks demanding said removal, printed forms of which he shall keep available. The blanks may be completed by printing or typewriting; they shall be addressed to a joint committee consisting of the town moderator and the board of selectmen; they shall contain the names of the ten persons to whom they are issued and the grounds for removal as stated in the affidavit; they shall demand a public hearing for the purpose of removing the official from the office; they shall be dated and signed by the town clerk. The removal petitions shall be returned to the office of the town clerk within twenty days following the date they are issued, signed by at least ten percent of the total number of persons registered to vote as of the date of the most recent town election. The town clerk shall, within twenty-four hours following such filing with him, submit the petitions to the board of registrars which shall within five days thereafter, certify thereon the number of signatures which are the names of voters.
7-14(c) Removal Hearing - If the petitions shall be certified by the board of registrars of voters to be sufficient, the town clerk shall forthwith submit the same with his certificate to the joint committee. Upon its receipt of the certified petitions the joint committee shall forthwith give notice, in writing, of said petition to the official whose removal is sought. If said officer does not resign his office within five days following delivery of the said notice, the joint committee shall order a special public hearing to be held not less than thirty-five nor more than sixty days after the date of the certification of the town clerk that the petition is sufficient. If a vacancy occurs in the office after a removal hearing has been ordered, the position shall be filled in the manner described in Section 7-13.
7-14(d) Public Hearing - The joint committee shall provide at least two weeks written notice of the hearing in a local newspaper and to the official whose removal is sought. The official shall a right to be represented by counsel at such hearing, to call witnesses, to examine witnesses and to introduce evidence at the public hearing. Not more than fourteen days following the public hearing, the joint committee shall take final action on the removal and shall, forthwith, notify the official of the removal or that the notice of removal has been rescinded. A two-thirds vote shall be required to remove an official. The results of the hearing shall also be published in a local newspaper.
7-14(e) Officeholder - The incumbent shall continue to hold his office and to perform his duties until the result of the removal hearing is made known. If he is not then removed, he shall continue in office for the remainder of his unexpired term, subject to removal as provided in section(f) below. If the official is removed he shall be deemed removed upon the notification of the results of the hearing. The appointing authority will appoint a replacement in the manner described in Section 7-13. The removed official will not be eligible to be appointed. The new appointed official shall serve for the balance of the unexpired term.
7-14(f) Request of Removal Petition - No removal petition shall be filed against an official within six months after he takes office, or in the case of an official subjected to a removal hearing and not removed thereby, until at least six months after the hearing at which his removal was submitted to the joint committee.
8-1(a) In General - All general laws, special laws, town by-laws, town meeting votes, and rules and regulations of or pertaining to the town that are in force when this charter takes effect and not specifically or by implication repealed hereby, shall continue in full force and effect until amended or repealed or rescinded by due course of law or until they expire by their own limitation
8-1(b) Specific Repeal - The home rule charter, adopted in 1972, is hereby repealed and rescinded. It is the intention that this charter shall supersede the existing charter in all respects.
8-4(a) The precincts existing at the time this charter is adopted shall continue to be the precincts from which town meeting members are elected until such time as such precincts may be revised by the board of selectmen in accordance with general laws. The incumbent members of the representative town meeting in office when the charter is adopted shall continue to serve in such office until provision shall be made in accordance with the charter for the revision of the said precincts.
8-4(b) Forthwith following the election at which this charter is adopted each town agency shall provide for the designation of some person to represent it at sessions of the town meeting in the then current year, in accordance with the provisions of section 2-11(a).
8-4(c) The incumbents of the following offices, including those elected at the same election at which this charter is adopted, to wit; the town treasurer, the town collector, the board of assessors, the board of health, the cemetery commission, constables and the sewer commission(which hereafter will have the powers as provided in section 4-2(c) which offices prior to the adoption of this charter were filled by election, shall continue to serve in their respective offices for the duration of the term for which they were elected. Upon the expiration of such term, or if a vacancy in any such office should sooner occur, such office shall be filled in the manner provided in this charter.
8-4(d) Forthwith following the election at which this charter is adopted the board of selectmen shall in the manner provided in section 3-1(f)(but such authority to include other offices now filled by election as enumerated in(c) above) provide for the coordination in the most orderly and expeditious manner possible of all steps necessary and proper to implement the provisions of this charter.
8-4(e) It is not the intention of the charter that the first person appointed to the office of town administrator should forthwith begin to exercise all of the powers and duties provided or imposed on the office by the provisions of section 3-3. The town administrator is to be afforded a reasonable period of time within which to assimilate to the office all of the functions contemplated by the said section 3-3. It is further the intention of the charter that all town agencies shall cooperate with the office of the town administrator in the transfer of powers, duties and responsibilities and in the establishment of the office.
8-4(f) Notwithstanding the provisions of section 3-3(d), during the three years next following the effective date of the appointment of the first town administrator, in order to provide a period of adjustment from the existing system to that envisioned by the provisions of this charter, the vote of four members of the board of selectmen shall be required to suspend or to remove a town administrator. The aforesaid section 3-3(d) shall become effective at the expiration of the said three years.
8-4(g) In addition to the general qualifications required for appointment to the office of town administrator, as provided in section 3-3(a), the qualifications required for the selection of a candidate for the position shall include the following:(1) That he shall have served full-time as a city or town administrator(under any title) for a period of not less than five years;(2) That he shall be qualified to become a manager member of the International City Management Association, in good standing;(3) That he possess at least an earned bachelors degree from a recognized, accredited college or university; and such other requirements as the screening committee, established under (e) above may additionally require. Provided, however, the said screening committee may, by a four-fifths vote of the full membership, waive the requirement of education in whole or in part based on special and unique municipal management experience beyond the five year minimum otherwise required. No person who has served in any elected or appointed town office in the Town of Billerica during the twelve months preceding the date of the election at which this charter is adopted shall be eligible for appointment as town administrator.
8-4(h) The office of the executive secretary, established by the existing town charter, shall continue in effect as therein provided until the effective date of appointment of the first town administrator under this charter. The incumbent of the said office shall continue to serve as a transitional aide to the town administrator until June 30th in the year following the year in which this charter is adopted, unless sooner removed by the town administrator.
8-4(i) Until such time as the town meeting shall act, by appropriation, to establish a different salary range, the salary range for the office of town administrator shall not be less than thirty thousand nor more than thirty-five thousand dollars per annum.
8-4(j) The composition, the term of office, and the powers and duties of each office in effect on the date this charter is adopted shall continue in effect until the same may be altered in accordance with the provisions of this charter. Until such time as the organization of the town administration may be amended or revised, as provided in Article 4, the following is recognized as the structure on the date the charter is adopted, and as modified by the provisions of the charter:
8-4-j(1) A town treasurer, appointed by the town administrator, to serve for a term of three years;
8-4-j(2) A collector of taxes, appointed by the town administrator, to serve for the term of three years, and who may be the same person appointed as town treasurer;
8-4-j(3) A principal assessor and two associate assessors, appointed by the town administrator, to serve for terms of three years so arranged that one such term shall expire each year;
8-4-j(4) A board of Health to consist of five members, appointed by the town administrator, for terms of three years each so arranged that as nearly an equal number of such terms as is possible shall expire each year.
8-4-j(5) A cemetery commission to consist of three members, appointed by the town administrator, for terms of three years each, so arranged that one such term shall expire each year;
8-4-j(6) A sewer extension committee to consist of five members, appointed by the town administrator, for terms of three years each so arranged that as nearly an equal number of such terms as is possible shall expire each year, said committee to be the successors to the sewer commission.
8-4-j(7) Until such time as the sanitary sewer system for the town has been substantially completed and less than twenty percent of the gross area of the town remains without sewer service, the sewer extension committee shall be responsible for the planning and development of all sewer extension programs for the town, subject to the approval of the representative town meeting. After construction, the maintenance and operation of the sewage system shall be assigned to the department of public works;
8-4-j(8) A development and industrial commission to consist of seven members, appointed by the town administrator, for terms of three years each so arranged that as nearly an equal number of such terms as is possible expires each year;
8-4-j(9) An industrial development financing authority to consist of five members, appointed by the board of selectmen, for terms of three years each so arranged that as nearly an equal number of such terms as is possible shall expire each year;
8-4-j(10) A board of trustees of the public library to consist of nine members, appointed by the town administrator for terms of three years each, so arranged that three such terms of office shall expire each year;
8-4-j(11) A recreation commission to consist of nine members, appointed by the town administrator for terms of three years each, so arranged that three such terms of office shall expire each year;
8-4-j(12) A conservation commission to consist of seven members appointed by the board of selectmen for terms of three years, each so arranged that as nearly an equal number of such terms of office as is possible shall expire each year;
8-4-j(13) A board of appeals to consist of five regular and two associate members, appointed by the board of selectmen for terms of three years each so arranged that as nearly an equal number of such terms as is possible shall expire each year;
8-4-j(14) Such number of constables as the board of selectmen deem to be necessary, to be appointed by them for terms not to exceed three years;
8-4-j(15) A personnel board to consist of five members to be appointed by the town moderator for terms of three years each so arranged that as nearly an equal number of such terms of office as is possible shall expire each year;
8-4-j(16) A finance committee to consist of eleven members and two associate members, to be appointed by the town moderator, for terms of three years each so arranged that as nearly an equal number of such terms as is possible shall expire each year. The chairman of the committee may designate the senior associate member to sit on the committee in case of absence of any member thereof or in the event of a vacancy on the board until said vacancy is filled by the town moderator;
8-4-j(17) A town planner, appointed by the town administrator, to serve for a term of three years;
8-4-j(18) The composition, term of office, and method selection of any office not mentioned in the preceding list shall continue as it has been until some other provision shall have been made concerning it.
8-4-j(19) Incumbents of any appointed office who, prior to the adoption of this charter amendment, were appointed for a five year term shall continue to serve for the duration of the term for which they were appointed; upon expiration of such term, such office shall be filled in the manner provided in this charter.
8-4(k) In order to provide temporary provisions to fill out areas which the charter contemplates will be provided by by-laws, the following provisions shall be applicable, but such provisions may be amended, repealed or revised by the town meeting by the adoption of provisions designed to replace them:
8-4-k(1) Committee on Rules - There shall be a committee on rules which shall consist of one member to be elected by and from the elected town meeting members in each precinct. The terms of office of the members of the committee on rules shall be for three years so arranged that as nearly an equal number of such terms of office as is possible shall expire each year. The town moderator shall serve as a member ex officio of such committee. The committee on rules shall provide a continuing oversight of the business of the town meeting and shall consider and report on all changes as may be proposed in the conduct of town meetings. The committee shall consider and report on all warrant articles which would, if adopted, affect the town charter or the general by-laws of the town. It shall be responsible for the periodic review of the charter and by-laws as provided in section 7-9(a) and(b). In order to establish the overlapping terms of office, the representatives from precincts one, four, seven, ten, and thirteen shall serve for terms of one year, the representatives from precincts two, five, eight, and eleven shall serve for terms of two years, and the representatives from precincts three, six, nine, and twelve shall serve for terms of three years.
8-4-k(1a) A member of the Rules Committee may resign in writing to the Chairman of said committee, and upon the vacancy of a member of the Rules Committee the Chairman of said committee shall forthwith notify the precinct chairman of said precinct to hold an election within twenty-one days to fill the remainder of the term of the vacated position.
8-4-k(2) Meetings of Bodies During Town Meeting - No multiple member body of the town shall schedule a meeting to be held during the time the town meeting is in session for the transaction of business. This provision shall not be construed as to prohibit emergency meetings of a multiple member body held in the same building in which the town meeting is in session.
8-4-k(3) Collective Bargaining Agreements, Availability - Copies of all contracts entered into with employees of the town pursuant to collective bargaining, shall be made available to the town moderator, town accountant, the chairman of the finance committee and all members of the representative town meeting at least seven days before the town meeting is to vote on the question of appropriating funds to implement the said agreements. If a motion to appropriate any such funds is made without seven days having elapsed, the question shall be laid upon the table until the next session of the town meeting held after such period has elapsed. Copies of all collective bargaining agreements shall also be placed on file in the office of the town administrator, the office of the town clerk and in the town library at least seven days before they are to come before the town meeting for any action.
8-4-k(4) Notice of Town Meetings - The town clerk shall notify the town meeting members of the time and place at which town meetings are to be held, the notice to be sent by mail at least seven days before the meeting is to convene. The notice shall also state that copies of the full warrant are available at the office of the town clerk.
8-4-k(5) Time of Town Meetings
8-4-k-5(a) Spring Session - The spring session of the representative town meeting shall begin on the first Tuesday in April, at 7:30 o'clock p.m., and shall continue by adjournments, on consecutive Tuesday and Thursday evenings, commencing at 7:30 o'clock p.m. until all of the business in the warrant for such town meeting shall have been acted upon.
8-4-k-5(a1) At the first session of the Annual Spring Town Meeting the Representatives in each of the respective precincts shall elect one of their number to act as Chairman of that precinct for a term of one year.
8-4-k-5(b) Fall Session - The fall session of the representative town meeting shall begin on the first Tuesday in October, at 7:30 o'clock p.m., and shall continue, by adjournments, on consecutive Tuesday and Thursday evenings, commencing at 7:30 o'clock p.m. until all of the business in the warrant for the town meeting shall have been acted upon.
8-4-k(6) Annual Town Election - The annual town election for the election of town officers, representative town meeting members, and for the determination of all other matters to be referred to the voters, shall be held on the second Saturday in March.
8-4-k(7) Legal Assistance to Town Agencies - The town meeting may, in specific cases, by appropriation, authorize any town agency to engage the services of an attorney of its own choosing, to represent it and to advise it in any legal matter which is within the scope of its powers, duties, authority and responsibilities.
8-4-k(8) Finance Committee, Public Hearings - All articles contained in the warrant for a town meeting shall be referred to the finance committee for its consideration before any action shall be taken on any such matter by the representative town meeting. Prior to each town meeting the finance committee shall hold one or more public hearings to permit public discussion of the subject matter of each warrant article. Notice of such public hearings shall be by publication in a local newspaper at least seven days before the hearing is scheduled to take place. A copy of the said notice shall be mailed to the first named petitioner for each article contained in the town meeting warrant. It shall be the duty of the petitioners for any warrant article which would require the expenditure of town funds to provide to the finance committee at the said public hearing an estimate of the sum of money necessary to fund the warrant article and a proposed funding source.
8-4-k(9) Town Meeting, Quorum Count - Not more than twenty minutes after the time at which the town meeting is scheduled to begin, as stated in the warrant as issued by the board of selectmen, or if an adjourned session, the time specified in the vote to adjourn, a quorum count shall be taken for the purpose of establishing the existence of a quorum for the transaction of business. If it is found that fewer than one hundred and twenty-one representative town meeting members are present, the meeting shall forthwith stand adjourned to such date and hour as the town meeting members present may vote, subject to the provisions of provisional by-law(5), above.
8-4-k(10) Expiration of Office - Unless another provision is made by law, the terms of office of all appointed town officers, including the members of all multiple members bodies, shall coincide with the fiscal year of the town. Appointments to office shall be so made as to be effective on the first day of July, for so many years as may be otherwise provided. The term of office of any official, subject to this section, which is due to expire in the year in which this charter is adopted on an earlier date than is herein provided, shall be continued until the last day of June in said year.
8-4-k(11) Proposed Budget, Submission to Finance Committee - At least sixty days before the town meeting is scheduled to meet in its spring session, the town administrator shall file with the finance committee and provide for publication of a proposed operating budget for the ensuing fiscal year, as provided in section 5-3 of the charter. Notwithstanding the said date for formal submission, the town administrator may, insofar as it is practical for him to so do, submit preliminary information and data to the finance committee in advance of such date, in order to assist it in the performance of its duties.
8-4-k(l2) Forthwith following the election at which this charter is adopted the town meeting shall provide for the establishment of a committee to be charged with a responsibility to review the existing by-laws of the town, in order to bring them into conformity with this charter. Said committee shall file its report, with recommendations, at the fall session of the town meeting held in October of the year in which this charter is adopted.
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