Town of Barnstable, MA Article IX General Provisions

Section 9-1 Charter Revision or Amendment.

The charter may be replaced, revised or amended in accordance with any procedure made available by Article LXXXIX of the Amendments to the Constitution of the Commonwealth and any laws of the Commonwealth enacted to implement said constitutional amendment.

Section 9-2 Severability.

The provisions of this charter are severable. If any of the provisions of this charter are held to be unconstitutional, or invalid, the remaining provisions of this charter shall not be affected thereby. If the application of this charter, or any of its provisions, to any person or circumstances is held to be invalid, the application of said charter and its provisions to other persons or circumstances shall not be affected thereby.

Section 9-3 Rules of Interpretation.

The following rules shall apply when interpreting the charter:

(a) Specific Provisions to Prevail. To the extent that any specific provision of the charter shall conflict with any provision expressed in general terms, the specific provision shall prevail.

(b) Number and Gender. Words imparting the singular number may extend and be applied to several persons or things; words imparting the plural number may include the singular; words imparting the masculine gender shall include the feminine gender.

(c) References to General Laws. All references to the general laws or the laws of the Commonwealth contained in the charter refer to the general laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the general laws enacted subsequent to the adoption of the charter.

(d) Computation of Time. In computing time under the charter, if seven days or less, only business days, not including Saturdays, Sundays, or legal holidays shall be counted; if more than seven days, every day shall be counted.

Section 9-4 Definitions.

Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in the charter shall have the following meanings:

(a) Administrative Code -- The term "administrative code" shall mean a written description of the administrative organization of town offices, departments and multiple member bodies. The administrative code shall state the mode of selection, term of office and general powers and duties of each town office department and multiple member body.

(b) Charter -- The word "charter"" shall mean this charter and any amendments to it made through any methods provided under Article LXXXIX of the Amendments to the Constitution of the Commonwealth.

(c) Emergency -- The word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action.

(d) Town -- The word "town" shall mean the town of Barnstable.

(e) Voters -- The word "voters" shall mean registered voters of the town.

(f) Majority Vote -- The words "majority vote" shall mean a majority of those present and voting, provided a quorum is present when a vote is taken, unless a higher number is required by law, this charter, or by the town council's own rules.

(g) Town Agency or Agency -- The words "town agency" or the word "agency" shall mean any board, commission, committee, department or office of town government, whether elected, appointed or otherwise constituted.

(h) Multiple Member Body -- The words "multiple member body" shall mean any board, commission or committee.

(i) Measure -- The word "measure" shall mean any matter coming before the town council that is inherently legislative in nature including, but not limited to, ordinances, charter amendments, appropriations, loan orders, lease approvals, contract approvals and eminent domain authorizations; provided, however, that "measure" shall not encompass any matter that is executive, administrative or ministerial or quasi-judicial in nature including, but not limited to, appointments, resolutions, proclamations, tax classification votes and petitions to the general court.

[Added 11-7-2017]

Section 9-5 Removal of Member of Multiple Member Bodies.

Any officials appointed by the council to a multiple member body may be removed from office by the town council if said official fails to attend regularly scheduled meetings for a period of three consecutive months without express leave from the chairman of such multiple member body, unless the town council shall determine otherwise. Any such appointed official shall be automatically removed from office if such person is convicted of a felony or if such person is absent from such duties for the period of one year notwithstanding the permission from the chairman to be absent.