AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN OF NEWBURY
| |
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as follows:
| |
SECTION 1. A holder of an elected office in the town of Newbury
may be recalled therefrom by the qualified voters of the town as provided
in this act for any of the following reasons: lack of fitness; neglect
of duties; corruption; misfeasance or violation of oath. Exercising
discretion in voting or acting on matters before such office holder
shall not be a reason for recall.
| |
SECTION 2. Fifteen per cent of the registered voters of the
town of Newbury may file with the town clerk an affidavit containing
the name of the officer sought to be recalled and a statement of the
grounds for such recall. At least 66 names of registered voters shall
be from each of the voting precincts into which said town is divided.
Upon certification of the required signatures, said clerk shall deliver
to the first named voter on the affidavit copies of petition blanks
addressed to the board of selectmen demanding such recall, copies
of which printed forms the clerk shall keep available. The petition
blanks shall be issued by said clerk with his signature and official
seal attached thereto. They shall be dated, shall contain the names
of all persons to whom they are issued, the name of the person whose
recall is sought and the grounds of recall as stated in the affidavit
and shall demand the election of a successor to such office. A copy
of the petition shall be entered in a record book to be kept in the
office of said clerk. The recall petition shall be returned and filed
with said clerk within 30 days after the filing of the affidavit and
shall have been signed by at least 25 per cent of the registered voters
of the town as of the date such affidavit was filed with said clerk.
To every signature shall be added the place of residence of the signer,
giving the street and number, if any. Said clerk shall, within 72
hours of receipt thereof, submit the petition to the registrars of
voters in the town, and said registrars shall certify forthwith the
number of signatures thereon which are names of registered voters
of the town.
| |
SECTION 3. If the petition shall be found and certified by the
town clerk to be sufficient, he shall submit the same with his certificate
to the board of selectmen without delay and said board shall give
forthwith written notice of the receipt of the certificate to the
officer sought to be recalled. If such officer does not resign within
5 days thereafter, said board shall order an election to be held on
a date fixed by them not less than 70 nor more than 95 days after
the date of said clerk's certificate that a sufficient petition
has been filed; but, if any other town election is scheduled to occur
within 120 days after the date of the certificate, said board shall
postpone the holding of the recall election to the date of such other
election. If a vacancy occurs in said office after a recall election
has been ordered, the election shall nevertheless proceed as provided
in this section.
| |
SECTION 4. Any officer sought to be removed may be a candidate
to succeed himself and, unless he requests otherwise in writing, the
town clerk shall place his name on the ballot without nomination.
The nomination of other candidates, the publication of the warrant
for the recall election and the conduct of the same shall all be in
accordance with the provisions of law relating to elections, unless
otherwise provided in this act.
| |
SECTION 5. The incumbent shall continue to perform the duties
of his office until the recall election. If he is not recalled, he
shall continue in office for the remainder of his unexpired term,
subject to recall as before, except as provided in section 7. If he
is recalled, he shall be deemed removed upon the qualifications of
his successor, who shall hold office during the unexpired term. If
the successor fails to qualify within 5 days after receiving notification
of his election, the incumbent shall thereupon be deemed removed and
the office vacant.
| |
SECTION 6. Ballots used in a recall election shall submit the
following propositions in the order indicated:
| |
For the recall of (name of officer)
| |
Against the recall of (name of officer)
| |
Immediately at the right of each proposition there shall be
a square in which the voter, by making a cross mark (X), may vote
for either of said propositions. Under the proposition shall appear
the word "candidates" and the directions to voters required by section
42 of chapter 54 of the General Laws and, beneath this, the names
of candidates nominated as hereinbefore provided. If 2/3 of the votes
cast upon the question of recall is in the affirmative, then the candidate
receiving the highest number of votes shall be declared elected. If
more than 1/3 of the votes cast on the questions is in the negative,
then the ballots for candidates need not be counted. If fewer than
25 per cent of the registered voters of the town participated in the
election, no votes need be counted and the election shall be deemed
to have determined that the incumbent should not be recalled.
| |
SECTION 7. A recall petition shall not be filed against an officer
within 6 months after he takes office, nor in the last 6 months of
his term, nor in the case of an officer subjected to a recall election
and not recalled thereby, until at least 6 months has elapsed after
the election at which his recall was submitted to the voters of the
town.
| |
SECTION 8. A person who has been recalled from an office or
who has resigned from office while recall proceedings were pending
against him shall not be appointed to a town office within 2 years
after such recall or resignation.
| |
SECTION 9. This act shall take effect upon its passage.
| |
Approved December 19, 2002
|
SECTION I. Upon the effective date of this act, the town of
Newbury shall be governed by this act. To the extent that this act
modifies or repeals existing General Laws and special acts or that
body of law which constitutes the town charter under Section 9 of
Article LXXXIX of the Amendments to the Constitution of the Commonwealth,
this act shall govern.
|
SECTION 2. The administration of all of the fiscal, prudential,
and municipal affairs of the town shall remain vested in the executive
branch headed by the board of selectmen and the legislative powers
of the town shall remain vested in a town meeting open to all voters.
|
SECTION 3. The board of selectmen shall appoint the chief of
police and all other police officers, the town counsel, the administrative
assistant to the selectmen, the members of the personnel board, the
members of the zoning board of appeals, the members of the finance
committee, 2 members of the capital planning committee, the board
of fire engineers, and all the members of other appointed boards,
committees, and commissions except as may be otherwise specified in
this act.
|
SECTION 4. The regional school committee members shall continue
to be elected in conformity with the votes of the regional school
district All powers, rights and duties, now or hereafter conferred
or imposed by law upon the regional school committee, shall be exercised
and performed by the regional school committee. This act shall not
be construed to affect the powers and duties of the regional school
committee as provided by law.
|
SECTION 5. A member of the board of selectmen, or of the regional
school committee, or of the finance committee, during the term for
which the member was elected or appointed, shall be ineligible either
by election or appointment to hold any other town office. Any other
person appointed by the selectmen or town administrator to a town
office under this act or of any general or special law shall be eligible
during the term of said office to appointment to any other town office,
except that the town accountant shall not be eligible to bold the
position of town treasurer or the position of town collector. The
town administrator, subject to applicable General Laws relating thereto,
may assume the duties of an office which he is authorized to fill
by appointment.
|
SECTION 6. The selectmen elected as provided herein shall appoint,
as soon as practicable, for a definite term to be set by the selectmen,
a town administrator who shall be a person especially fitted by education,
training, and experience, to perform the duties of the office. The
town administrator shall be appointed without regard to political
affiliations or beliefs. The town administrator need not be a resident
of the town or of the commonwealth, shall possess a college degree
at the bachelor level and shall have 3 years of full-time paid experience
in a supervisory administrative position. A master's degree may
substitute for not more than 1 year of such paid experience. The town
administrator shall execute a bond in favor of the town for the faithful
performance of the duties of the office in a sum and with such surety
or sureties as fixed or approved by the selectmen, the cost of which
shall be paid by the town. The selectmen shall enter into a formal
contract with the town administrator and establish a compensation
and benefits package which may take precedence over any personnel
by-laws.
|
SECTION 7. A vacancy in the office of town administrator shall
be filled as soon as possible by the selectmen. Pending the appointment
of a town administrator or filling of a vacancy, the selectmen shall,
within 7 days, appoint a suitable person to perform the duties of
the office.
|
SECTION 8. The town administrator may designate, subject to
approval by the board of selectmen, by letter filed with the town
clerk, a qualified officer of the town to perform the duties of the
office during a temporary absence or disability of the town administrator.
In the event of failure of the town administrator to make that designation,
the selectmen may, by resolution, designate an officer of the town
to perform the duties of the office until the town administrator shall
return or the disability shall cease.
|
SECTION 9. During any term of appointment of the administrator,
the board of selectmen may, under the terms and conditions of the
contract entered into between the town and the administrator as set
forth in section 6, remove the administrator for good cause. In the
event of such removal, the administrator shall receive a severance
pay in the amount equal to 1 month of pay for each full year of service
to the town, but in no event more than an amount equal to 3 months'
pay.
|
SECTION 10. The town administrator shall receive such compensation
for services as the board of selectmen shall determine, but the compensation
shall not exceed the amount appropriated therefore by the town.
|
SECTION 11. In addition to specific powers and duties provided
in this act, the town administrator shall have the general powers
and duties enumerated in this section as follows:
|
(1) The town administrator shall supervise the heads of all
departments and shall supervise and direct the general administration
of all commissions, boards, and offices, except the board of selectmen,
the regional school committee, the planning board, the board of health,
the board of assessors, the finance committee, the library trustees,
the town counsel, and the moderator. The town administrator shall
not exercise any control over the discretionary power vested by statute
in any such board, committee, commission, or office.
|
(2) The town administrator, in accordance with this act and
with the approval of the board of selectmen, except as otherwise expressly
prohibited by the General Laws, may reorganize, consolidate, or abolish
departments, commissions, boards, or offices under his direction and
supervision, in whole or in part, and may establish such new departments,
commissions, boards, or offices as the town administrator considers
necessary and may transfer the powers and duties of one department,
commission, board, or office to another.
|
(3) The town administrator shall approve, upon the recommendation
of department heads, the appointment and removal of all officers and
employees of the town. Department heads shall select, on merit and
fitness alone, all department employees for such recommendation. The
town administrator shall appoint on merit and fitness alone, and may
remove, all officers and employees of the town who are not otherwise
appointed or elected under this act.
|
(4) The town administrator shall attend all regular meetings
of the board of selectmen.
|
(5) The town administrator shall keep full and complete records
of the office, and shall render as often as may be required by the
selectmen, but, in any case, annually, a full report of all operations
during the period reported on.
|
(6) The town administrator shall keep the selectmen fully advised
as to the needs of the town and shall recommend to the selectmen for
adoption measures requiring action by them or by the town as the town
administrator considers necessary or expedient.
|
(7) The town administrator shall have jurisdiction over the
rental and use of town property and shall be responsible for the maintenance
and repair of town buildings. The town administrator shall be responsible
for the preparation of plans and the supervision of work on existing
town buildings and on the construction of new town buildings.
|
(8) The town administrator shall appoint the chief procurement
officer of the town who shall be responsible for the purchase of all
supplies and materials and equipment, except books and educational
materials for schools and books and other media for libraries, and
shall approve the awards of all contacts for all departments of the
town. The chief procurement officer may hold other positions with
the town consistent with the officer's role hereunder.
|
(9) The town administrator shall administer, either directly
or through a person appointed by the town administrator in accordance
with this act, general and special laws applicable to the town, all
town by-laws and all regulations established by the selectmen.
|
(10) The town administrator shall have authority, with the approval
of the board of selectmen and the town counsel, to prosecute, defend
and compromise all litigation to which the town is a party, and shall
be the executive officer of a public employer in the town as referred
to in chapter 258 of the General Laws pertaining to the processing
of claims against the town.
|
(11) The town administrator shall be the selectmen's agent
for collective bargaining and may request the town counsel to assist
in the performance of these duties.
|
(12) The town administrator shall secure on or before December
first of each year from all offices, boards, and committees charged
with equipment, a list of the equipment upon forms approved by the
finance committee. The lists shall be filed with the town accountant
who shall transmit them to the clerk of the finance committee.
|
(13) The town administrator shall attend town meetings and shall
be permitted to speak when recognized by the moderator.
|
(14) The town administrator shall be responsible for the implementation
of town meeting votes and shall report annually in writing to the
town meeting on the status of prior town meeting votes on which implementation
is not complete.
|
(15) The town administrator shall be accessible and available
during regular office hours for consultation to chairpersons of boards,
committees, and commissions of the town, whether appointed or elected,
and shall make accessible and available to them data and records of
the office of town administrator as may be requested in connection
with their official duties.
|
(16) The town administrator shall perform such duties, consistent
with the office, as may be required by the by-laws of the town or
by vote of selectmen or town meeting.
|
SECTION 12. The town administrator may, without notice, cause
the affairs of any division or department under his or her supervision,
or the job-related conduct of any officer or employee thereof, to
be examined. The town administrator shall have access to all town
books and papers for information necessary for the proper performance
of the town administrator's duties. The town administrator shall
promptly transmit any findings of wrongdoing to the board of selectmen.
|
SECTION 13. The town administrator shall appoint, with the approval
of the board of selectmen, the town treasurer, the tax collector,
the town accountant, the building inspector and assistant building
inspector, the conservation agent, the highway superintendent, the
harbormaster, the town planner, and the director of veterans'
affairs. The town administrator shall appoint, and may remove subject
to the approval of the board of selectmen, department heads, officers,
and subordinates and employees for whom no other method of appointment
is provided in this act, except the assistant town clerk, who shall
be appointed by the town clerk, and persons serving under other elected
agencies and appointments made by representatives of the commonwealth.
Appointments to the permanent positions made by the town administrator
shall become effective on the fifteenth day following the day notice
of appointment is filed with the board of selectmen, unless the board
of selectmen shall, within that period, by a majority vote of the
full board, vote to reject any such appointment.
|
SECTION 14. The registered voters of the town of Newbury shall,
in accordance with applicable laws, town by-laws, and votes of the
town, continue to elect the following:
|
(1) moderator;
|
(2) members of the board of selectmen;
|
(3) regional school committee members;
|
(4) members of the planning board;
|
(5) members of the board of health;
|
(6) library trustees;
|
(7) town clerk;
|
(8) constables;
|
(9) fish commissioners;
|
(10) trustees of the First Settlers Burial Ground;
|
(11) tree warden; and
|
(12) members of the board of assessors.
|
This act shall not affect the term of office of an elected official
or elected member of a board, committee or authority. Every other
elective office, board, committee, or commission of the town shall
be terminated or shall become appointive as provided herein, any other
law to the contrary notwithstanding. The term of office of a person
elected to an office, board, committee, or commission of the town,
existing at the time of such acceptance and terminated hereunder,
shall continue until the appointment of the town administrator, and
thereafter the offices, boards, committees, and commissions shall
be abolished, and all powers, duties and obligations conferred or
imposed thereon by law, except as provided by this act, shall be conferred
and imposed upon the town administrator to the extent hereinafter
provided. The term of office of a person elected to an office, board,
committee, or commission, existing as an elected office on the effective
date of this act and having become appointive hereunder, shall continue
until the term for which that person was elected shall have expired,
and until the appointment and qualification of a successor. The powers,
duties, and responsibilities of elected officials shall be as now
or hereafter provided by applicable General laws, special acts, town
by-laws, and votes of the town, except as otherwise expressly provided
herein. Notwithstanding the election by the voters of the town of
the officers named in this section, those officers shall be available
to the administrator for consultation, conference and discussion on
matters relating to their respective offices. The town administrator
may require those officials, except the selectmen, to prepare reports
for the town administrator necessary for the efficient administration
of any of the fiscal responsibilities of the office.
|
SECTION 15. At least 90 days before the annual town meeting,
the town administrator shall submit in writing to the board of selectmen
a careful detailed estimate of the probable expenditures of the town
government for the ensuing fiscal year, stating the amount required
to meet the interest and maturing bonds and notes or other outstanding
indebtedness of the town, and showing specifically the amount necessary
to be provided for each fund and department, together with a statement
of the expenditures of the town for the same purposes in the preceding
year and an estimate of the expenditures for the current year. The
town administrator shall also submit a statement showing all revenues
received by the town in the preceding fiscal year together with an
estimate of the receipts of the current year and an estimate of the
amount of income from all sources of revenue exclusive of taxes upon
property in the ensuing year. The town administrator shall report
the probable amount required to be levied and raised by the taxation
to defray all expenses and liabilities of the town, together with
an estimate of the tax rate necessary to raise that amount. For the
purposes of enabling the town administrator to make up the annual
estimates of expenditures, all boards, offices, and committees of
the town shall, at least 120 days before the annual town meeting,
furnish all information in their possession and submit in writing
to the town administrator a detailed estimate of the appropriations
required for the efficient and proper conduct of their respective
departments during the next fiscal year.
|
SECTION 16. The board of selectmen shall consider the tentative
budget submitted by the town administrator and make recommendations
relative thereto as it considers expedient and proper in the interests
of the town. On or before the seventy-fifth day before the annual
town meeting, the board of selectmen shall transmit a copy of the
budget, together with its recommendations relative thereto, to each
member of the finance committee.
|
SECTION 17. The town administrator shall perform the duties of the town's director of municipal finance and, as such, shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared by the town accountant in accordance with section 56 of chapter 41 of the General Laws shall be submitted to the town administrator. The approval of warrants by the town administrator shall be sufficient to authorize payment by the town treasurer, but in the event of a vacancy in the office of town administrator the selectmen shall approve the warrants.
|
SECTION 18. Laws, town by-laws, votes, rules, and regulations,
whether enacted by the authority of the town or by any other authority,
which are in force in the town of Newbury on the effective date of
this act, or any portion or portions thereof, not inconsistent with
this act, shall continue in full force and effect until otherwise
provided by other laws, town by-laws, votes, rules, and regulations,
respectively.
|
SECTION 19. A contract or an action at law or suit in equity,
or other proceeding existing or pending on the effective date of this
act shall not be affected by this act.
|
SECTION 20. A person holding a town office or employment under
the town shall retain the office or employment and shall continue
to perform the duties of the office or employment until provisions
have been made in accordance with this act for the performance of
those duties by another person or agency. A person who continues in
the permanent full-time service or employment of the town shall not
forfeit pay grade or time in service.
|
SECTION 21. This act shall take effect upon its passage.
|
Approved January 7, 2009
|
SECTION 1. Notwithstanding chapter 32B of the General Laws or
any other general or special law to the contrary, an elected official
of the town of Newbury who receives a stipend shall not be eligible
for participation in the town's contributory health and life
insurance plans unless the official pays to the town 100 per cent
of the cost of participation in the plans, plus any administrative
costs that may be assessed by the board of selectmen.
|
SECTION 2. Notwithstanding section 1, the town clerk shall remain
eligible for participation in the town's contributory health
and life insurance plans at the same rate of contribution as nonunion
employees of the town.
|
SECTION 3. This act shall take effect upon its passage.
|
Approved, August 11, 2010.
|