(a)
Elective Offices — The offices to be filled by the voters shall
be the select board, a moderator, the school committee, the planning
board, the board of assessors, the board of library trustees, a town
clerk, the board of health, the parks and recreation commission, the
board of commissioners of trust funds, the housing authority and such
members of regional authorities or districts as may be established
by statute, inter-local agreement or otherwise.
(b)
Eligibility — Any voter shall be eligible to hold any elective
town office, but no elected town official shall simultaneously hold
another elected town office or be appointed to any town office; provided,
however, that this subsection shall not be interpreted as a restriction
on the number of multiple member bodies on which an elected town official
may serve by virtue of that official's office, so long as service
on the body or bodies would terminate if the person no longer held
that elected position.
(c)
Annual Election — The regular annual election of town officers,
and consideration of such questions as may be authorized by law to
appear on the ballot, shall be determined by the voters on official
ballots without party or other designation, and shall be held on such
date as may from time to time be fixed in the town by-laws.
(d)
Elected town officials, other than the town clerk, shall serve without
compensation, but shall, subject to appropriation, be reimbursed for
their actual and necessary expenses incurred in the performance of
their duties.
(e)
Nomination of Candidates — The signatures of 50 registered
voters of the town shall be required to place on the ballot for election
the name of a candidate for any office other than town representative.
(f)
Ballot Position — The order in which names of candidates, including
the office of town representative, appear on the ballot for each office
in a town election shall be determined by a drawing by lot conducted
by the town clerk. Each candidate shall have an opportunity to be
present or be represented at the drawing.
(g)
Coordination — Notwithstanding their election by the voters, the town officers named subsection (a) shall be subject to the call of the select board or of the town manager, at all reasonable times, for consultation, conference and discussion on any matter relating to such officers' respective offices.
(h)
Vacancies
(1)
An
office of any elected multiple member body listed in subsection (a)
shall become vacant upon the death of that member or the resignation
or removal from office in any manner authorized by this charter or
the General Laws or otherwise in accordance with law. No such office
shall be considered vacant unless: (i) a letter of resignation has
been filed with the town clerk by such person; or (ii) the town clerk
has issued a certificate that such person has died or has been removed
from the town or that the office has otherwise become vacant.
(2)
Filling
of Vacancies — If a vacancy occurs otherwise than by expiration
of term in any elected multiple member body listed in subsection (a),
other than a vacancy in the select board, the unexpired terms shall
be filled by appointment by the select board and the remainder of
the members of the elected multiple member body until the next regular
annual election, at which time such office shall be filled by election
for the remainder of the unexpired term; provided, however, that if
the date the vacancy established in the manner described in paragraph
(1) is more than 120 days prior to the regular annual election, the
select board may call for a special election to be held not earlier
than 64 days from the date of its call therefor to fill the unexpired
term.
(a)
Composition, Term of Office — There shall be a select board
consisting of 5 members elected for terms of 3 years each, so arranged
that the term of office of as nearly an equal number of members as
is possible shall expire each year.
(b)
Powers and Duties in General — The executive powers of the
town shall be vested in the select board which shall be deemed to
be the chief executive office of the town. The select board shall
have all of the executive powers it is possible for a select board
to have and to exercise. The select board shall serve as the chief
policy making agency of the town. The select board shall be responsible
for the formulation and promulgation of policy directives and guidelines
to be followed by all town agencies serving under it and, in conjunction
with other elected town officers and multiple member bodies, to develop
and promulgate policy guidelines designed to bring the operation of
all town agencies into harmony.
(c)
Licensing Authority — The select board shall be a licensing
board for the town and shall have the power to issue licenses as otherwise
authorized by law, to make all necessary rules and regulations regarding
the issuance of such licenses, to attach conditions and to impose
restrictions on any such license as it may issue as it deems to be
in the public interest, and to enforce all laws relating to all businesses
for which it issues a license.
(d)
Appointments — The select board shall appoint: a town manager;
constables; registrars of voters; election officers, but not including
the town clerk; the board of appeals; the conservation commission;
the historic district commission; other members of multiple member
bodies, as set forth by law, or whose appointment authority is not
otherwise specified by this charter or vote of the representative
town meeting; and individuals who are to serve as representatives
of the town to the governing or advisory bodies of area, regional
or district authorities; provided, however, that nothing in this subsection
shall be interpreted to prohibit the select board, town manager or
moderator from appointing such multiple member bodies as deemed appropriate
to advise them on matters within their jurisdiction.
(e)
Investigations — The select board may investigate the affairs
of the town and the conduct of any town agency including any doubtful
claims against the town. Copies of the full text of the report, including
a summary of the results of any such investigation, shall be placed
on file in the offices of the select board and town clerk and in the
library and shall be printed in the next annual town report.
(a)
Composition, Term of Office — There shall be a school committee
which shall consist of 7 members. The term of office of a school committee
member shall be for 3 years. The terms of office of school committee
members shall be so arranged that as nearly an equal number of terms
as is possible shall expire each year.
(b)
Powers and Duties — The school committee shall have general
and superintendence of the public schools and, for this purpose,
shall have all of the powers and duties which are given to school
committees under the constitution and the General Laws and such additional
powers and duties as may be authorized by this charter, by by-law
or by vote of the representative town meeting.
(a)
Composition, Term of Office — There shall be a board of assessors
that shall consist of 3 members. The term of office of an assessor
shall be for 3 years. The terms of office of assessors shall be so
arranged that 1 term shall expire each year.
(b)
Powers and Duties — The board of assessors shall annually make
a fair cash valuation of all property, both real and personal, within
the town, and it shall have all of the powers and duties which are
given to boards of assessors under the constitution and the General
Laws and such additional powers and duties as may be authorized by
this charter, by by-law or by vote of the representative town meeting.
(a)
Term of Office — There shall be a town clerk. The term of office
of the town clerk shall be for 3 years.
(b)
Powers and Duties — The town clerk shall be the keeper of vital
statistics of the town and the custodian of the town seal and all
public records, shall administer the oaths of office to all town officers
who apply to the Clerk therefor, be the clerk of the town meeting
and perform such duties with regard to elections and other matters
as may be provided by law. The town clerk shall have all of the powers
and duties which are given to town clerks under the constitution and
the General Laws and such additional powers and duties as may be authorized
by this charter, by by-law or by vote of the representative town meeting.
(a)
Composition, Term of Office — There shall be a board of health
that shall consist of 3 members. The term of office of a board of
health member shall be for 3 years. The terms of office of board of
health members shall be so arranged that the term of 1 member shall
expire each year.
(b)
Powers and Duties — The board of health shall be responsible
for the formulation and enforcement of rules and regulations affecting
the environment and the public health, and shall have all of the powers
and duties that are given to boards of health under the constitution
and the General Laws and such additional powers and duties as may
be authorized by this charter, by by-law or by vote of the representative
town meeting.
(a)
Composition, Term of Office — There shall be a board of library
trustees that shall consist of 5 members. The terms of office of library
trustees shall be for 3 years so arranged that as nearly an equal
number of terms as is possible shall expire each year.
(b)
Powers and Duties — The board of library trustees shall have
general charge of the care and management of town libraries and of
all property of the town relating thereto. The board of library trustees
shall have all of the powers and duties that are given to library
trustees under the constitution and the General Laws and shall have
such additional powers and duties as may be authorized by this charter,
by by-law or by vote of the representative town meeting.
(a)
Term of Office — There shall be a moderator. The term of office
of the moderator shall be for 3 years.
(b)
Powers and Duties — The moderator shall preside and regulate the procedure at all town meetings, appoint the finance and warrant committee, established by clause (i) of paragraph (1) of subsection (c) of section 2-9, such committees as may be authorized by the representative town meeting and such other committees created by the moderator, from time to time, solely to advise the moderator on matters within the moderator's jurisdiction. The moderator shall have all of the powers and duties which are given to moderators under the constitution and laws of the commonwealth and such additional powers and duties as may be authorized by this charter, by by-law or by vote of the town meeting.
(a)
Composition, Term of Office — There shall be a planning board
that shall consist of 5 members. The term of office of a planning
board member shall be for 5 years. The terms of office of planning
board members shall be so arranged that as nearly an equal number
of terms as is possible shall expire each year.
(b)
Powers and Duties — The planning board shall make studies and
prepare plans concerning the resources, possibilities and needs of
the town. It shall prepare a comprehensive plan that shall set forth,
in graphic and textual form, information concerning the present development
of the town and parts thereof. Such comprehensive plan shall include
recommendations of the planning board concerning the future development,
including physical, economic, and environmental aspects, of the entire
town and parts thereof. Such plan may be amended from time to time,
and shall be formally reviewed and updated not less than once every
10 years.
The Planning board shall review proposed zoning by-laws and
amendments thereto in accordance with section 5 of chapter 40A of
the General Laws, as it may be amended from time to time, and have
all of the other powers and duties which are given to planning boards
under the constitution and the General Laws and shall have such additional
powers and duties as may be authorized by this charter, by by-law
or by vote of the representative town meeting.
(a)
Composition, Term of Office — There shall be a parks and recreation
commission that shall consist of 5 members, elected at large. The
terms of office of parks and recreation commission members shall be
for 3 years. The terms of office of parks and recreation commission
members shall be so arranged that as nearly an equal number as is
possible shall expire each year.
(b)
Powers and Duties — The parks and recreation commission shall
conduct and promote recreation, play, sport, physical education and
other programs to meet the leisure time needs of the community and
shall have all powers, duties and trusts that are conferred or imposed
on park commissions and recreation commissions under the constitution
and the General Laws. The parks and recreation commission shall consider
the needs of all age groups in the development of programs. The parks
and recreation commission shall have such additional powers and duties
as may be authorized by this charter, by-law or by other vote of the
representative town meeting.[1]
[1]
Editor's Note: Former Subsection (c), which pertained to the
Director of Parks and Recreation, was repealed by Ch. 63 of the Acts of 2023, approved 11-8-2023.
(a)
Composition, Term of Office — There shall be a board of commissioners
of trust funds consisting of 5 members. The term of office of commissioners
of trust funds members shall be for 3 years, so arranged that as nearly
an equal number of terms as is possible shall expire each year.
(b)
Powers and Duties — The board of commissioners of trust funds
shall, so far as consistent with the terms of the trusts, manage and
control all funds left, given, bequeathed or devised to the town,
and distribute the income in accordance with the terms of the respective
trusts. The board shall keep a record of its actions and, at the close
of each financial year, shall make a report to the town showing the
total amount of the funds and their investments, receipts and disbursements
on account of the same, setting forth in detail the sources of the
receipts and purposes of the expenditures. The board of commissioners
of trust funds shall have all of the other powers and duties that
commissioners of trust funds may have under the General Laws and such
additional powers and duties as may be authorized by this charter,
by bylaw or by vote of the representative town meeting.
(a)
Composition, Term of Office — There shall be a housing authority,
which shall consist of 5 members elected or appointed under section
5 of chapter 121B of the General Laws or as otherwise provided by
law.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
(b)
Powers and Duties — The housing authority shall have all of
the powers and duties that are given to housing authorities under
the constitution and the General Laws and shall have such additional
powers and duties as may be authorized by this charter, by by-law
or by vote of the representative town meeting.
(b)
Recall Petition
(1)
Affidavit — Any 250 voters may file with the town clerk an
affidavit signed under the penalties of perjury bearing the name and
office of the officer sought to be recalled and a statement of the
grounds for recall. An affidavit shall contain the names of at least
25 voters from each district into which the town is divided, and shall
specify thereon who shall be considered the "lead petitioner" and
who shall be understood to be the "first 10 voters" signing the affidavit
for the purposes of the recall process. If, within 3 days following
such submission, the affidavits are found by the board of registrars
of voters to be sufficient and valid and, if on that date the candidate
whose recall is sought has at least 6 months remaining on the term
for which the officer elected, the town clerk shall, without delay,
make available at the town clerk's office to the first 10 voters on
the affidavit, copies of petition blanks demanding such recall. Such
printed forms shall be kept available.
(2)
Petition Form — When issued, the petition blanks shall contain
a facsimile of the signature of the town clerk and official seal of
the town. The petition blanks shall be dated, shall be addressed to
the select board and shall contain the names of the first 10 voters
on the affidavit filed under paragraph (1) of subsection (b), the
name and office of the person whose recall is sought, the grounds
for recall as stated in the affidavit and shall demand the election
of a successor to the office. No copies of petition blanks shall be
made by the first 10 signers or others circulating petitions for signatures.
A copy of the petition blank shall be entered in a record book to
be kept in the office of town clerk.
(3)
Petition Signature Requirements — The recall petitions shall
be returned and filed with the town clerk within 21 days following
the date the petition blanks are made available in the clerk's office
and shall have been signed by at least 10 per cent of the voters eligible
to vote as of the most recent regular annual election, not more than
25 per cent of which shall be voters in any 1 district into which
the town is divided. In signing such petitions, voters shall add to
their signatures the street and number, if any, of their residences.
The town clerk shall within 1 day of receipt, submit the petition
to the board of registrars of voters, who shall forthwith, but in
no event more than 5 days after receipt, certify thereon the number
of signatures that are the names of voters.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
(c)
Select Board's Action on Receiving Petition — If the petition
shall be found and certified by the board of registrars of voters
to be sufficient, the registrars shall submit the same with their
certificate to the select board without delay, and the select board
shall meet forthwith at a properly posted meeting, in accordance with
the open meeting law, to give written notice of the receipt of the
certificate to the officer sought to be recalled and shall, if the
officer does not resign within 5 days after written notice has been
provided, order an election to be held on a date not less than 60
days nor more than 75 days from the date the select board calls for
such election; provided, however, that if another town election is
to occur within 90 days after the date of the certificate, the select
board shall postpone the holding of the recall election to the date
of such other election and the question of recall may appear on the
ballot at that election. If a vacancy occurs in the office after a
recall election has been ordered, the election shall nevertheless
proceed as provided in this section.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
(d)
Nomination of Candidates — The officer whose recall is sought
may be a candidate at the recall election, and unless such officer
has resigned the office or requests otherwise in writing, the town
clerk shall place the officer's name on the official ballots 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 section.
(e)
Incumbent Holds Office Until Election — The incumbent shall continue to perform the duties of the office until the recall election. If not then recalled, such person shall continue in office for the remainder of the unexpired term, subject to recall as before, except as provided in this Section 3-13. If recalled, such person shall be deemed removed.
(f)
Recall Election — Ballots used in a recall election shall include
the following propositions in the order specified:
|
For the recall of (name), (office)
| |
|
Against the recall of (name), (office)
|
|
Below the propositions shall be a list of the names of all candidates nominated as hereinbefore provided, arranged as provided in subsection (e) of section 3-1, with instructions that shall aid the voter. If the number of votes in favor of the recall is in the majority, then the officer shall be deemed recalled, the votes cast for each of the candidates counted and the candidate receiving the highest number of votes declared elected for the remainder of the unexpired term. If the number of votes against the recall is in the majority, the incumbent shall not have been recalled and the votes for candidates shall not be counted. If such successor shall fail to qualify within 14 days after receiving notification of election, the office shall be deemed to be vacant and shall be filled in the manner provided in subsection (i) of section 3-1. Notwithstanding any other provision of this paragraph, if fewer than 20 per cent of the voters eligible to vote in the recall election participate at such election, no votes need be counted and the election shall be deemed not to have recalled the incumbent.
|
(g)
Repeat of Recall Petition — No recall petition shall be filed
against an officer within 6 months after taking office, nor, in the
case of an officer subjected to a recall election and not recalled
thereby, until at least 6 months after the election at which the recall
was submitted to the voters.
(h)
Appointment of Person Recalled — No person who has been recalled
from an office, or who has resigned from office while recall proceedings
were pending against that person, shall be appointed to any town office
within 2 years after such recall or such resignation. Resignation
at any time after a recall affidavit has been certified by the board
of registrars of voters as being valid shall be deemed to be while
recall proceedings were pending.
