|
Chap. 18, Acts of 1806
|
|
An Act to authorize the owners of lots of land
adjoining on Accushnett River, in the Town of New-Bedford, in the
county of Bristol, from Clark's Point, so called, to the head of navigation
in said river, to build and extend wharves beyond low water mark in
said river.
|
|
SECT. 1. BE it enacted by the Senate and House
of Representatives, in General Court assembled, and by the authority
of the same, That the owners and proprietors of lots of land adjoining
Accushnett River, in the Town of New-Bedford, in the county of Bristol,
between Clark's Point, so called, and the head of navigation in said
river, their heirs and assigns, shall be, and hereby are authorized
and empowered to erect, continue and maintain, wharves parallel with
the line of their several lots, as they abut upon said river; said
wharves to extend to the channel of said river. If the owners of said
lots think proper; and each owner of said lot shall have authority
to provide docks, or erect wharves, as aforesaid on the aforesaid
extended portion of his said lot, in such way and manner as he may
think proper, not exceeding the limits of said channel of said river.
|
|
SECT. 2. And be it futher enacted, That if at
any time hereafter, it shall be made to appear to the satisfaction
of the General Court of the Commonwealth of Massachusetts, that the
erection, maintaining, or continuing said wharves or docks, mentioned
in the first section of this act, operates any obstruction to the
navigation of said river, or to the right of taking shell or other
fish, in said river, in that case the said General Court shall have
a right, notwithstanding this act, to make such provisions respecting
the navigation of said river, and the right of taking said fish, as
they may think the public interest requires. (June 23, 1806.)
|
|
UNION WHARF BILL
|
|
Article 2, Acts of 1926
|
|
(Chapter 43)
|
|
The Commonwealth of Massachusetts.
|
|
In the Year One Thousand Nine Hundred and Twenty-six.
|
|
AN ACT
|
|
Authorizing the Town of Fairhaven to Acquire
the Union Wharf Property in Said Town.
|
|
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: The
Town of Fairhaven may purchase for an amount not exceeding twenty-five
thousand dollars, or may take by eminent domain under chapter seventy-nine
of the General Laws, the wharf property in said Town known as Union
wharf, and may maintain and operate the same as a wharf.
|
|
SECTION 2: The
powers conferred by this act may be exercised by the selectmen, who
shall also have power to make rules and regulations governing the
use of said wharf, subject, however, to such rules and regulations
as the Town may fix by vote.
|
|
SECTION 3: For
the purpose of meeting the expense incurred by the purchase or taking
of Union wharf as aforesaid, the Town of Fairhaven may borrow from
time to time, within a period of five years from the passage of this
act, such sums as may be necessary, not exceeding, in the aggregate,
twenty-five thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words. Fairhaven Wharf Loan, Act
of 1926. Each authorized issue shall constitute a separate loan, and
such loans shall be paid in not more than ten years from their dates,
but no issue shall be authorized under this act unless a sum equal
to an amount not less than ten percent of such authorized issued is
voted for the same purpose to be provided from available funds or
to be raised by the tax levy of the year when authorized. Indebtedness
incurred under this act shall be inside the statutory limit and shall,
except as herein provided, be subject to chapter forty-four of the
General Laws, exclusive of the provision inserted in section seven
of said chapter by chapter three hundred and thirty-eight of the acts
of nineteen hundred and twenty-three.
|
|
SECTION 4. This
act shall take effect upon its passage.
|
|
House of Representatives,
February
17, 1926.
|
|
Passed to be enacted,
JOHN C. HULL,
Speaker,
In
Senate,
February
23, 1926.
|
|
Passed to be enacted,
WELLINGTON WELLS,
President.
|
|
February 25, 1926.
Approved.
|
|
Chapter 285 of the Acts of
1930, Massachusetts General Laws, "An Act Establishing in the Town
of Fairhaven Representative Town Government by Limited Town Meetings,"
Approved by the Massachusetts General Court May 7, 1930. Voted acceptance
1434-572 Referendum November 4, 1930.
|
|
Chapter 168 of the Acts of
1945, "An Act Relative to Quorums of Town Meeting Members in the Town
of Fairhaven"; Approved by the Massachusetts General Court March 29,
1945.
|
|
Chapter 562 of the Acts of
1955. "An Act Relative to Referendum Procedure in the Town of Fairhaven"
Approved by the Massachusetts General Court July 19, 1955. Voted Acceptance
133-82 at Special Town Meeting of August 11, 1965. (Article No. 3.)
|
|
Chapter 589 of the Acts of
1955, "An Act Relative to Representative Town Government by Limited
Town Meetings in the Town of Fairhaven"; Approved by the Massachusetts
General Court July 22, 1955. Voted Acceptance 2202 to 1135 at Annual
Election of February 6, 1956.
|
|
AN ACT ESTABLISHING IN THE
TOWN OF FAIRHAVEN REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEETINGS.
|
|
Be it enacted, etc., as follows:
|
|
Section 1. Upon
the acceptance of this act by the Town of Fairhaven, as hereinafter
provided, the selectmen and board of registrars of voters, acting
jointly, and hereinafter referred to as the districting board, shall
forthwith divide the territory thereof into not less than four nor
more than eight voting precincts, each of which shall be plainly designated
and shall contain not less than five hundred registered voters.
|
|
The precincts shall be so
established as to consist of compact and contiguous territory, to
be bounded as far as possible by the center line of known streets
and ways or by other well defined limits. Their boundaries shall be
reviewed and, if need be, wholly or partially revised by the districting
board in November, once in five years, or in November of any year
when so directed by a vote of a representative Town meeting not later
than October thirtieth of that year. The Town clerk shall notify every
registered voter affected by a change in precinct boundaries or a
change in polling place.
|
|
The districting board shall,
within twenty days after any establishment or revision of the precincts,
but not later than December twentieth of that year, file a report
of their doings with the Town clerk, the registrars of voters and
the assessors, with a map or maps or descriptions of the precincts
and the names and residences of the registered voters therein. The
districting board shall also cause to be posted in the Town hall a
map or maps or description of the precincts as established or revised
form time to time, with the names and residences of the registered
voters therein; and it shall also cause to be posted in at least one
public place in each precinct a map or description of that precinct
with the names and residences of the registered voters therein. The
division of the Town into voting precincts and any revision of such
precincts shall take effect upon the date of the filing of the report
thereof by the districting board with the Town clerk. Whenever the
precincts are established or revised, the Town clerk shall forthwith
give written notice thereof to the state secretary, stating the number
and designation of the precincts. Meetings of the registered voters
of the several precincts for elections, for primaries, and for voting
upon any question to be submitted to all the voters of the town, shall
be held on the same day and at the same hour and at such place or
places within the Town as the selectmen shall in the warrant for such
meeting direct. The provisions of the general laws relating to precinct
voting at elections, so far as the same are not inconsistent with
this act, shall apply to all elections and primaries in the Town upon
the establishment of voting precincts as hereinbefore provided.
|
|
Section 2. Other
than the officers designated in section three as Town meeting members
at large, the representative Town meeting membership shall in each
precinct consist of the largest number divisible by three which will
not exceed five percent of the registered voters in the precinct.
The registered voters in every precinct shall, at a special election
called for that purpose, to be held not sooner than thirty days after
the establishment of precincts under this act, or at the first annual
Town election held after the establishment thereof, and at the first
annual Town election following any precinct revision where the number
of precincts is changed, conformably to the laws relative to elections
not inconsistent with this act, elect by ballot the number of registered
voters in the precinct, other than the officers designated in section
three as Town meeting members at large, provided for in the first
sentence of this section, to be Town meeting members of the town.
The first third in order of votes received of members so elected shall
serve three years, the second third in such order shall serve two
years, and the remaining third in such order shall serve one year,
from the day of the annual Town meeting, or, in case such election
is at a special meeting, from the next annual Town meeting; in case
of a tie vote affecting the division into thirds, as aforesaid, the
members elected from the precinct shall by ballot determine the same;
and thereafter, except as is otherwise provided herein, at each annual
Town election the registered voters of each precinct shall, in like
manner, elect one third of the number of Town meeting members to which
that precinct is entitled for the term of three years, and shall at
such election fill for the unexpired term or terms any vacancy or
vacancies then existing in the number of Town meeting members in their
respective precincts. The name of Town meeting candidates for three-year
terms and of candidates to fill vacancies shall be listed together
in one group on the ballot, and all three-year terms shall first be
filled in order of the votes received, then the vacancies for two
years, if any, in such order, and then any vacancies for one year.
Upon every revision of the precincts where the number of precincts
is changed, the terms of office of all Town meeting members from every
precinct shall cease upon the election of their successors. The Town
clerk shall, after every election of Town meeting members, forthwith
notify each member by mail of his election.
|
|
Section 3. Any
representative Town meeting held under the provision of this act,
except as otherwise provided herein, shall be limited to the voters
elected under section two, together with the following, designated
Town meeting members at large; namely, any member of the general court
of the commonwealth who is a resident of the town, the moderator,
the Town clerk and treasurer, the members of the board of selectmen,
the tax collector, the members of the board of health, the members
of the school committee, the members of the board of assessors, the
members of the sewer commission, the members of the park commission,
the chairman of the finance committee, the members of the planning
board, and the tree warden. All the foregoing shall be included within
the general designation of Town meeting members. The Town clerk shall
notify the Town meeting members of the time and place at which representative
Town meetings are to be held, the notices to be sent by mail at least
seven days before the meeting.
|
|
The Town meeting members,
as aforesaid, shall be the judges of the election and qualifications
of their members. One hundred Town meeting members shall constitute
a quorum for doing business; but a less number may organize temporarily
and may adjourn from time to time, and at an adjourned meeting seventy-five
Town meeting members shall constitute a quorum. Notice of every adjourned
representative Town meeting shall be posted by the Town clerk in at
least one public place in each precinct, and he shall notify the members
by mail of the adjournment at least forty-eight hours before the time
of the adjourned representative Town meeting. The notices shall state
briefly the business to be acted upon at any meeting and shall include
notice of any proposed reconsideration. All Town meetings shall be
public. The Town meeting members as such shall receive no compensation.
Subject to such conditions as may be determined from time to time
by the representative Town meeting, any voter of the Town who is not
a Town meeting member may speak at any representative Town meeting,
but shall not vote. A Town meeting member may resign by filing a written
resignation with the Town clerk, and such resignation shall take effect
upon the date of such filing. No elected member whose official position
entitles him to be a member at large shall act as a member at large
during such time as he remains an elected member. A Town meeting member
who removes from the Town shall cease to be a Town meeting member
and an elected Town meeting member who removes from one precinct to
another or is so removed by a revision of precincts shall not retain
membership after the next annual election.
|
|
Section 4. Nomination of candidates for Town
meeting members to be elected under this act shall be made by nomination
papers signed by not less than ten voters of the precinct in which
the candidate resides, filed with the registrars of voters for certification
at least thirty-five days before the election and filed with the Town
clerk at least twenty-eight days before the election; provided, that
any Town meeting member may become a candidate for re-election by
giving written notice thereof to the Town clerk at least forty-two
days before the election. No nomination papers shall be valid in respect
to any candidate whose written acceptance is not thereon or attached
thereto when filed.
|
|
Section 5. The
articles in the warrant for every Town meeting, so far as they relate
to the election of the Town officers, Town meeting members, and, as
herein provided, to referenda and all matters to be acted upon and
determined by ballot of the town, shall be acted upon and determined
by the voters in their respective meetings by precinct. All other
articles in the warrant for any Town meeting, beginning with the elected,
shall be acted upon and determined exclusively by Town meeting members
at a meeting to be held at such time and place as shall be set forth
by the selectmen in the warrant for the meeting, subject to the referendum
provided for by section eight.
|
|
Section 6. A moderator
shall be elected by ballot for a three-year term, and shall serve
as moderator of all Town meetings, except as otherwise provided by
law, until a successor is elected and qualified. Nominations for and
election of a moderator shall be as in the case of other elective
Town officers, and any vacancy in the office may be filled by the
Town meeting members at a meeting held for that purpose. If a moderator
is absent, a moderator pro tempore may be elected by the Town meeting
members.
|
|
Section 7. Any
vacancy in the full number of Town meeting members form any precinct,
whether arising from a failure of the registered voters thereof to
elect, or from any other cause, may be filled until the next annual
election by the remaining elected Town meeting members of the precinct
from among the registered voters thereof. Notice of any vacancy shall
be given by the Town clerk to the remaining members from the precinct
in which the vacancy or vacancies exist and he shall call a special
meeting of such members prior to any annual or special Town meeting
for the purpose of filling any vacancy. He shall cause to be mailed
to every such member, not less than seven days before the time set
for the meeting, a notice specifying the object, time and place of
the meeting. At the said meeting one third of the members from such
precinct shall constitute a quorum, and they shall elect from their
own number a chairman and a clerk. The choice to fill any vacancy
shall be by written ballot, unless waived by a two-thirds vote of
those present, and a majority of the votes cast shall be required
for a choice. The chairman and clerk shall count the ballots and shall
make a certificate of the choice and forthwith file the same with
the Town clerk, together with a written acceptance by the member or
members so chosen who shall thereupon be deemed elected and qualified
a Town meeting member or members, subject to the right of all the
Town meeting members to judge of the election and qualifications of
the members as set forth in section three.
|
|
Section 8. A vote
passed at any representative Town meeting authorizing the expenditure
of twenty thousand dollars or more, as an appropriation other than
Town charges, shall not be operative until after the expiration of
five days, exclusive of Sundays and holidays, from the dissolution
of the meeting. If, within said five days a petition, signed by not
less than five percent of the registered voters of each precinct,
containing their names and addresses as they appear on the list of
registered voters, is filed with the selectmen requesting that the
question or questions involved in such vote be submitted to the voters
of the Town at large, then the selectmen, within fourteen days after
the filing of the petition, shall call a special meeting, which shall
be held within ten days after the issuing of the call, for the purpose
of presenting to the voters at large the question or questions so
involved. The polls shall be opened at two o'clock in the afternoon
and shall be closed not earlier than eight o'clock in the evening,
and all votes upon any questions so submitted shall be taken by ballot,
and the check list shall be used in the several precinct meetings
in the same manner as in the election of Town officers. The questions
so submitted shall be determined by a majority vote of the registered
voters of the Town voting thereon, but no action of the representative
Town meeting shall be reversed unless at least twenty percent of the
registered voters shall vote to disapprove such action. The questions
so submitted shall be stated upon the ballot in substantially the
same language and form in which they were stated when presented to
said representative Town meeting by the moderator as appears from
the records of the said meeting. If such petition is not filed within
the said period of five days, the vote of the representative Town
meeting shall become operative upon the expiration of the said period.
|
|
Section 9. The
Town of Fairhaven, after the acceptance of this act, shall have the
capacity to act through and be bound by its said Town meeting members
who shall, when convened from time to time as herein provided, constitute
representative Town meetings; and the representative Town meetings
shall exercise exclusively, so far as will conform to the provisions
of this act, all powers vested in the municipal corporation. Action
in conformity with all provisions of law now or hereafter applicable
to the transaction of Town affairs in Town meetings shall, when taken
by any representative Town meeting in accordance with the provisions
of this act, have the same force and effect as if such action had
been taken in a Town meeting open to all the voters of the Town is
heretofore organized and conducted.
|
|
Section 10. The
representative Town meeting may make such rules consistent with general
law as may be considered necessary for conducting its meetings.
|
|
Section 11. The
representative Town meeting may appoint such committees for investigation
and report as it may consider necessary.
|
|
Section 12. All
by-laws or parts of by-laws of the Town inconsistent with the provisions
of this act are hereby repealed. The provisions of chapter forty-four
of the General Laws shall continue to apply in the Town of Fairhaven
notwithstanding the provisions of this act.
|
|
Section 13. This
act shall not abridge the right of the inhabitants of Fairhaven to
hold general meetings, as that right is secured to them by the constitution
of this commonwealth; nor shall this act confer upon any representative
Town meeting in Fairhaven the power finally to commit the Town to
any measure affecting its municipal existence or changing its government,
without action thereon by the voters of the Town at large, using the
ballot and the check list therefor.
|
|
Section 14. This
act shall be submitted to the registered voters of the Town of Fairhaven
at any annual or special Town meeting. The vote shall be taken in
precincts by ballot in accordance with the provisions of the General
Laws, so far as the same shall be applicable, in answer to the question,
which shall be placed, in case of a special meeting, upon the ballot
to be used at said meeting, or, in case of an annual meeting, upon
the official ballot to be used for the election of Town officers:
"Shall an act passed by the General Court in the year nineteen hundred
and thirty, entitled 'An Act establishing in the Town of Fairhaven
representative Town government by limited Town meetings, be accepted
by this town?"
|
|
So much of this act as authorizes
its submission for acceptance to the registered voters of the Town
of Fairhaven shall take effect upon its passage, and the remainder,
except section fifteen, shall take effect upon its acceptance by a
majority of the voters voting thereon.
|
|
Section 15. If
this act is rejected by the registered voters of the Town of Fairhaven
when submitted to said voters under section fourteen, it may again
be submitted for acceptance in like manner from time to time to such
voters at any annual Town meeting in said Town within three years
thereafter, but not more than three times in the aggregate.
|
|
Chap. 587. AN ACT RELATIVE TO REPRESENTATIVE
TOWN GOVERNMENT BY LIMITED TOWN MEETINGS IN THE TOWN OF FAIRHAVEN.
|
|
Be it enacted, etc., as follows:
|
|
SECTION 1. Section
2 of chapter 285 of the acts of 1930 is hereby amended by striking
out, in line 5, the word "five" and inserting in place thereof the
word: — two.
|
|
SECTION 2. The
first sentence of section 4 of chapter 285 of the acts of 1930, as
appearing in section 4 of chapter 589 of the acts of 1955, is hereby
further amended by striking out, in lines 7 to 10, inclusive, the
words: -- "; provided that any Town meeting member may become a candidate
for reelection by giving written notice thereof to the Town clerk
at least forty-two days before election."
|
|
SECTION 3. This
act shall take effect upon its passage.
|
|
Approved July 15, 1968.
|
|
Chap. 400. AN ACT RELATIVE TO THE REPRESENTATIVE
TOWN MEETING FORM OF GOVERNMENT IN THE TOWN OF FAIRHAVEN.
|
|
Be it enacted, etc., as follows:
|
|
SECTION 1. Section
2 of chapter 285 of the acts of 1930 is hereby amended by striking
out the first sentence, as amended by section 1 of chapter 587 of
the acts of 1968, and inserting in place thereof the following sentence:
-- Other than the officers designated in section three as Town meeting
members at large, the representative Town meeting membership shall
in each precinct consist of the largest number divisible by three
which will not exceed five percent of the registered voters in the
precinct.
|
|
SECTION 2. Section
4 of said chapter 285 is hereby amended by striking out the first
sentence, as amended by section 2 of said chapter 587, and inserting
in place thereof the following sentence: -- Nomination of candidates
for Town meeting members to be elected under this act shall be made
by nomination papers signed by not less than ten voters of the precinct
in which the candidate resides, and filed with the Town clerk at least
fifteen days before the election; provided, that any Town meeting
member may become a candidate for reelection by giving written notice
thereof to the Town clerk at least forty-two days before election.
|
|
SECTION 3. The
first sentence of section 2 of said chapter 285, as amended by section
1 of this act, is hereby further amended by striking out the Word
"five" and inserting in place thereof the word: -- two.
|
|
SECTION 4. The
first sentence of section 4 of said chapter 285, as amended by section
2 of this act, is hereby further amended by striking out the words
"; provided, that any Town meeting member may become a candidate for
reelection by giving written notice thereof to the Town clerk at least
forty-two days before election".
|
|
SECTION 5. Sections
one and two of this act shall take effect upon its passage. Sections
three and four of this act shall take effect upon the next precinct
revision by the Town of Fairhaven, as set forth in chapter 285 of
the acts of 1930, as amended.
|
|
Approved June 10, 1969.
|
|
Chap. 609. AN ACT PROVIDING THAT NOMINATING
PAPERS OF CANDIDATES FOR TOWN MEETING MEMBER IN THE TOWN OF FAIRHAVEN
SHALL BE FILED AT LEAST TWENTY-EIGHT DAYS BEFORE THE ELECTION FOR
SUCH OFFICE.
|
|
Be it enacted, etc., as follows:
|
|
SECTION 1. Section
4 of chapter 285 of the acts of 1930 is hereby amended by striking
out the first sentence, as most recently amended by section 2 of chapter
400 of the acts of 1969, and inserting in place thereof the following
sentence: -- Nomination of candidates for Town meeting members to
be elected under this act shall be made by nomination papers signed
by no less than ten voters of the precinct in which the candidate
resides and filed with the Town clerk at least twenty-eight days before
the election; providing, that any Town meeting member may become a
candidate for reelection by giving written notice thereof to the Town
clerk at least forty-two days before election.
|
|
SECTION 2. This
act shall take effect upon its passage.
|
|
Approved August 4, 1970.
|
|
Chap. 39. AN ACT ELIMINATING THE REQUIREMENT
THAT THE TOWN CLERK OF THE TOWN OF FAIRHAVEN GIVE CERTAIN NOTICES
BY MAIL OF ADJOURNED REPRESENTATIVE TOWN MEETINGS.
|
|
Be it enacted, etc., as follows:
|
|
SECTION 1. The
second paragraph of section 3 of chapter 285 of the acts of 1930 is
hereby amended by striking out the third sentence and inserting in
place thereof the following sentence: — Notice of every adjourned
representative Town meeting shall be posted by the Town clerk in at
least one public place in each precinct.
|
|
SECTION 2. This
act shall take effect upon its passage.
|
|
Approved February 26,1973.
|
|
Chap. 62. AN ACT RELATIVE TO THE ELECTION OF
TOWN MEETING MEMBERS IN THE TOWN OF FAIRHAVEN.
|
|
Be it enacted, etc., as follows:
|
|
Section 4 of chapter
285 of the acts of 1930 is hereby amended by striking out the first
sentence, as most recently amended by section 1 of chapter 609 of
the acts of 1970, and inserting in place thereof the following sentence:
- Nomination of candidates for Town meeting members to be elected
under this act shall be made by nomination papers signed by no less
than ten voters of the precinct in which the candidate resides, and
filed with the Town clerk at least twenty-eight days before the election.
|
|
Approved April 25, 1983.
|
|
Chapter 156. AN ACT RELATIVE TO THE REPRESENTATIVE
TOWN MEETING FORM OF GOVERNMENT IN THE TOWN OF FAIRHAVEN.
|
|
Be it enacted, etc., as follows:
|
|
SECTION 1. Section
2 of chapter 285 of the acts of 1930 is hereby amended by striking
out the first sentence, as most recently amended by section 3 of chapter
400 of the acts of 1969, and inserting in place thereof the following
sentence:- Other than the officers designated in section three as
Town meeting members at large, the representative Town meeting membership
shall in each precinct consist of the largest number divisible by
three which will not exceed two and seven tenths percent of the persons
residing in the precinct.
|
|
SECTION
2. Section 4 of said chapter 285 is hereby amended by striking out
the first sentence, as most recently amended by section 4 of said
chapter 400, and inserting in place thereof the following sentence:-
Nomination of candidates for Town meeting members to be elected under
this act shall be made by nomination papers signed by not less than
ten voters of the precinct in which the candidate resides, and filed
with the Town clerk at least twenty-eight days before the election;
provided, that any Town meeting member may become a candidate for
reelection by giving written notice thereof to the Town clerk at least
forty-nine days before election.
|
|
SECTION 3. This
act shall take effect on April first, nineteen hundred and eighty-eight.
|
|
Approved June 22, 1987.
|
|
Chapter 41
FAIRHAVEN, TOWN OF—DESIGNATION OF TOWN
MEETING MEMBERS AT LARGE
|
|
An act relative to the designation
of certain elected officials of the Town of Fairhaven as Town meeting
members at large.
|
|
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. The
first paragraph of section 3 of chapter 285 of the acts of 1930 is
hereby amended by striking out the first sentence and inserting in
place thereof the following sentence:- Any representative Town meeting
held under the provisions of this act, except as otherwise provided
herein, shall be limited to the voters elected under section two,
together with the following, designated Town meeting members at large;
namely, any member of the general court of the commonwealth who is
a resident of the town, the moderator, the Town clerk, the members
of the board of selectmen, the members of the board of health, the
members of the school committee, the members of the planning board,
the members of the board of public works, the commissioners of trust
funds, the elected members of the housing authority, the chairman
to the finance committee, and the tree warden.
|
|
SECTION 2. This
act shall take effect upon its passage.
|
|
Approved May 12, 1993.
|
|
Chap. 722. AN ACT ESTABLISHING A BOARD OF PUBLIC
WORKS IN THE TOWN OF FAIRHAVEN.
|
|
Be it enacted, etc., as follows:
|
|
SECTION 1. There
shall be established in the Town of Fairhaven a board of public works,
hereinafter called the board, consisting of seven members, one to
be elected from each precinct and one to be elected at large, to be
elected at the first annual Town election after the passage of this
act. The member elected at large and the first two in order of votes
received of the members elected from precincts shall serve for terms
of three years, the second two in the order of votes shall serve for
terms of two years, and the remaining two in the order of votes shall
serve for terms of one year. Thereafter, when the term of any member
expires, his successor shall be elected at an annual Town election
to serve for a term of three years. In all cases, the members of the
board shall serve until their successors are qualified. The members
of the board shall, after each annual Town election, elect from its
members a chairman and a clerk for the ensuing year. In case of a
vacancy, the board of selectmen shall, within thirty days, fill such
vacancy until the next Town election, when a new member or members
shall be elected to fill the unexpired term. No person shall serve
on the board who holds an elective or appointed office in the Town
other than Town meeting members, and no person who is an employee
of the Town shall serve on the board.
|
|
SECTION
2. Upon the election and qualification of the initial members of the
board of public works, the board shall have all the powers and duties
now and from time to time vested by general or special laws, Town
charter or Town by-laws in the following boards, departments and offices
having corresponding powers and duties in the Town of Fairhaven, to
wit: highway department, water and sewer commissioners, park commissioners,
cemetery commissioners, refuse and garbage collection, and with respect
to construction and maintenance only, the Town dump and such boards,
offices and departments shall be abolished. No contracts or liabilities
then in force shall be affected by such abolition, but the board of
public works shall in all respects be the lawful successor of the
boards, departments and offices so abolished.
|
|
The board shall have such
additional powers with respect to the furnishing of engineering services,
the maintenance and repair of Town buildings and property, and the
performance of such duties of any other boards, departments and offices
of the Town as may be reasonably related to the duties and responsibilities
of a board of public works, as the Town may, from time to time, by
by-law provide, and other provisions of law to the contrary notwithstanding.
|
|
SECTION 3. The
board shall appoint and fix the compensation of a superintendent of
public works who shall exercise and perform, under the supervision
and direction of the board, such powers, rights and duties transferred
to it under sections two and three as it may, from time to time, designate.
He shall be responsible for the efficient exercise and performance
of such powers, rights and duties and shall hold office subject to
the will of the board. He shall be specially fitted by education,
training and experience to perform the duties of said office, and
need not be a resident of the town. During his tenure he shall hold
no elective or other appointive office, nor shall be be engaged in
any other business or occupation. He shall give to the Town a bond
with a surety company authorized to transact business in the commonwealth
as surety, for the faithful performance of his duties, in such sum
and upon such conditions as the board may require, and shall, subject
to the approval of the board, appoint such assistants, agents and
employees as the exercise and performance of his powers, rights and
duties may require. He shall keep full and complete records of the
doings of his office and render to the board as often as it may require
a full report of all operations under his control during the period
reported upon; and annually, and from time to time as required by
the board, he shall make a synopsis of such reports for publication.
He shall keep the board fully advised as to the needs of the Town
within the scope of his duties, and shall furnish to the board each
year upon its request a carefully prepared and detailed estimate in
writing of the appropriations required during the next succeeding
fiscal year for the proper exercise and performance of all said powers,
rights and duties.
|
|
Approved July 19, 1968.
|
|
PROPOSED AMENDMENT
|
|---|
|
"Shall the Town of Fairhaven approve the charter
amendment proposed by the Town meeting summarized below?"
|
|
Voted:
| ||
|---|---|---|
|
2359 – YES
| ||
|
988 – NO
| ||
|
SUMMARY
|
|
(Chapter 722 of the Acts of 1968 created the
Board of Public Works for the Town of Fairhaven. Section 1 of that
Act provided in substance for seven members of the Board of Public
Works, one to be elected from each of six precincts and one to be
elected at large, the terms of which members would be for three years.
It is proposed to the voters to amend Section 1 so that the membership
of the Board of Public Works will consist of five members, all elected
at large, the terms of which members would be for five years.)
|
|
The full text of the measure is as follows:
|
|
To see if the Town meeting
will vote, in accordance with the provisions of Article LXXXIX of
the Amendments to the Constitution of Massachusetts (Home Rule Amendments)
and the procedures for amendment of existing special laws pertaining
to towns under the provisions of General Laws Chapter 43B Section
10 to propose to the voters the amendment of Section 1 of Chapter
722 of the Acts of 1968 (creating the Board of Public Works) so as
to read as follows:
|
|
Section 1. There
shall be established in the Town of Fairhaven a Board of Public Works
hereinafter called the Board, consisting of five members at large,
to be elected at the first annual Town election after the passage
of this act as amended. The first in order of votes received of members
so elected shall serve for a term of five years, the second in such
order shall serve for four years, the third in such order shall serve
for three years, the fourth in such order shall serve for two years
and the fifth in such order shall serve for one year. Thereafter when
the term of any member expires, his successor shall be elected at
an annual Town election to serve for a term of five years. In all
cases, the numbers of the board shall serve until their successors
are qualified. The members of the Board shall after each annual Town
election, elect from its members a chairman and a clerk for the ensuing
year. In case of a vacancy the Board of Selectmen shall, within thirty
days fill such vacancy until the next Town election when a member
or members shall be elected to fill the unexpired term or terms. No
person shall serve on the board who holds an elected or appointed
office in the Town other than Town Meeting Member, and no person who
is an employee of the Town shall serve on this Board; this amendment
to take effect of the first Annual Town Election after the passage)
thereof.
|
|
Chap. 453. AN ACT RELATIVE TO THE APPOINTMENT
OF THE SUPERINTENDENT OF PUBLIC WORKS IN THE TOWN OF FAIRHAVEN AND
ESTABLISHING THE POSITION OF SUPERINTENDENT OF HIGHWAYS IN SAID TOWN.
|
|
Be it enacted, etc., as follows:
|
|
SECTION 1. Section
3 of chapter 722 of the acts of 1968 is hereby amended by striking
out the second sentence and inserting in place thereof the following
sentence: — He shall be responsible for the efficient exercise
and performance of such powers, rights and duties and shall hold office
subject to the will of the board and shall not be subject to any provisions
of chapter thirty-one of the General Laws.
|
|
SECTION 2. Said
chapter 722 is hereby further amended by adding the following section:
|
|
Section 4. The
board shall appoint and fix the compensation of the superintendent
of highways who shall exercise and perform, under the supervision
and direction of the board, such powers, rights and duties, transferred
to it under sections two and four as it may, from time to time, designate.
He shall be responsible for the efficient exercise and performance
of such powers, rights and duties and shall hold office subject to
the will of the board and shall not be subject to any provisions of
chapter thirty-one of the General Laws. He shall be specially fitted
by education, training and experience to perform the duties of said
office, and need not be a resident of the town. During his tenure
he shall hold no elective or other appointive office, nor shall be
be engaged in any other business or occupation.
|
|
SECTION 3. This
act shall take effect upon its passage.
|
|
Approved July 11, 1975.
|
|
Chapter 510
|
|
FAIRHAVEN, TOWN OF—SUPERINTENDENT OF
|
|
PUBLIC WORKS—OTHER OFFICES
|
|
An act authorizing the superintendent
of public works in the Town of Fairhaven to hold other appointive
offices.
|
|
Be it enacted by the senate
and House of Representative in General court assembled, and by the
authority of the same, as follows:
|
|
SECTION 1. Section
3 of chapter 722 of the acts of 1968, as amended by section 1 of chapter
453 of the acts of 1975, is hereby further amended by striking out
the fourth sentence and inserting in place thereof the following sentence:-
During his tenure he shall hold no elective office nor shall be be
engaged in any other business or occupation.
|
|
SECTION 2. This
act shall take effect upon its passage.
|
|
Approved January 2, 1991.
|
|
Chapter 122
|
|
FAIRHAVEN, TOWN OF — BOARD OF PUBLIC WORKS
|
|
An act relative to the board of public works
of the Town of Fairhaven.
|
|
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. The
charter amendment adopted by the Town of Fairhaven effective February
first, nineteen hundred and seventy-one with respect to the number
and terms of office of the members of the board of public works of
said Town is hereby ratified, validated and confirmed.
|
|
SECTION 2. Chapter
722 of the acts of 1968 is hereby amended by striking out section
1 and inserting in place thereof the following section:
|
|
Section 1. There
shall be established in the Town of Fairhaven, a board of public works,
hereinafter called the board, consisting of five members at large.
Upon the expiration of the term of any member, his successor shall
be elected at an annual Town election to serve for a term of three
years. In all cases the members of the board shall serve until their
successors are qualified. The members of the board shall, after each
annual Town election, elect from among its members a chairperson and
a clerk for the ensuing year. In the case of a vacancy, the board
of selectmen shall, within thirty days, fill such vacancy until the
next annual Town election, when a member shall be elected to fill
an unexpired term resulting from such vacancy. No person shall serve
on the board who holds an elected or appointed office in said Town
other than Town meeting member and no employee of the Town shall serve
on the board.
|
|
SECTION 3. This
act shall take effect upon its passage.
|
|
Approved July 14, 1992.
|
|
Chapter 516
|
|
FAIRHAVEN, TOWN OF — RECALL ELECTIONS
|
|
An act providing for recall
elections in the Town of Fairhaven.
|
|
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. Any
person who holds an elected office in the Town of Fairhaven, with
more than six months remaining in the term of such office on the date
of filing of the affidavit, referred to in section two, may be recalled
from office by the registered voters in said town, in the manner herein
provided.
|
|
SECTION 2. 50
or more voters of the Town of Fairhaven may file with the Town clerk
of said Town 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 Town clerk shall deliver to the said voters petition
blanks demanding said recall, printed forms of which he shall keep
available. Said blanks may be completed by writing or typewriting;
they shall be addressed to the board of selectmen; they shall contain
the names of the persons who filed the affidavit and the grounds for
recall as stated in the affidavit; they shall demand the election
of a successor to the office; and they shall be dated and signed by
the Town clerk. A copy of the petition shall be kept on file in the
office of the Town clerk in a record book maintained for that purpose.
The recall petitions shall be returned and filed in the office of
the Town clerk within fourteen days following the date the petitions
were issued, signed by at least 20 percent of the total number of
registered voters duly recorded on the registration list of the Town
clerk as of the preceding Town election.
[Amended by Ch. 82, Acts of 2002, approved 4-4-2002] |
|
The Town clerk shall, within
twenty-five hours following such filing, submit said petitions to
the registrars of voters who shall, within seven days certify thereon
the number of signatures which are names of registered voters of the
town.
|
|
SECTION 3. If
the petition shall be certified by the registrars of voters to be
sufficient, the Town clerk shall forthwith submit the same to the
board of selectmen. Upon its receipt of the certified petition, the
board of selectmen shall within forty-eight hours give written notice
of said petition and certificate to the person 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 an
election to be held not less than sixty nor more than ninety days
after the date of the registrars' certificate of the sufficiency of
the petition. If, however, another Town election is to occur within
one hundred days after the date of the certificate, the board of selectmen
shall hold the recall election on the date of said other Town 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, but only the ballots for candidates need be counted.
|
|
SECTION 4. An
officer whose recall is sought may be a candidate to succeed himself
at the recall election. The nomination of 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 laws relating to
elections, unless otherwise provided in this act.
[Amended by Ch. 82, Acts of 2002, approved 4-4-2002] |
|
SECTION 5. The
incumbent shall continue to perform the duties of his office until
the recall election. If he is not recalled in the election he shall
continue in office for the remainder of his unexpired term, subject
to recall as before, except as provided herein.
|
|
If the officer is recalled
in the election, he shall be deemed removed upon the qualification
of his successor who shall hold office during the unexpired term.
If the successor fails to qualify within five days after receiving
notification of his election, the incumbent shall thereupon be deemed
removed and the office vacant.
|
|
SECTION 6. Ballots
used at a recall election shall contain the following propositions
in the order indicated:-
|
|
For the recall
of (name of officer)
|
|
Against the recall
of (name of officer)
|
|
Adjacent to each proposition,
there shall be a place to mark a vote. After the propositions shall
appear the word "Candidates" followed by the names of candidates arranged
alphabetically, by surname. If a majority of the votes cast upon the
question of recall is in the affirmative, the candidate receiving
the highest number of votes shall be declared elected. If a majority
of the votes on the question is in the negative, the ballots for the
candidates need not be counted, except as provided in section three
above.
|
|
SECTION 7. No
recall petition shall be filed against an officer within 6 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.
[Amended by Ch. 82, Acts of 2002, approved 4-4-2002] |
|
Approved January 2, 1991.
|
|
AN ACT AUTHORIZING THE TOWN
OF FAIRHAVEN TO ISSUE AN ADDITIONAL LICENSE FOR THE SALE OF WINES
AND MALT BEVERAGES TO BE DRUNK ON THE PREMISES.
|
|
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. Notwithstanding
section 17 of chapter 138 of the General Laws, the licensing authority
of the town of Fairhaven may grant to Excel Restaurant Group, Inc.
d/b/a Hickory Creek, a license for the sale of wines and malt beverages
to be drunk on the premises at 142 Huttleston avenue in the town of
Fairhaven under section 12 of said chapter 138. The license shall
be subject to all of said chapter 138, except said section 17. The
license authorized by this act shall not be transferred to another
location but may be transferred to another person at the same location.
|
|
SECTION 2. This
act shall take effect upon its passage.
|
|
Approved February 8, 2002
|
|
AN ACT AUTHORIZING THE TOWN
OF FAIRHAVEN TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC
BEVERAGES TO BE DRUNK ON THE PREMISES.
|
|
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. Notwithstanding
section 17 of chapter 138 of the General Laws, the licensing authority
of the town of Fairhaven may grant an additional license for the sale
of all alcoholic beverages to be drunk on the premises under section
12 of said chapter 138 to Turan Irge at 214 Huttleston avenue. The
license shall be subject to all of said chapter 138, except said section
17.
|
|
The licensing authority shall
not approve the transfer of the license to any other location, but
it may grant the license to a new applicant at the same location if
the applicant files with the licensing authority a letter from the
department of revenue indicating that the license is in good standing
with the department and that all applicable taxes have been paid.
|
|
If the license granted under
this act is cancelled, revoked or no longer in use, it shall be returned
physically, with all of the legal rights, privileges and restrictions
pertaining thereto, to the licensing authority, which may then grant
the license to a new applicant at the same location under the same
conditions as specified in this act.
|
|
SECTION 2. This act shall
take effect upon its passage.
|
|
Approved September 18, 2013.
|
|
AN ACT AUTHORIZING THE TOWN
OF FAIRHAVEN TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF WINES
AND MALT BEVERAGES TO BE DRUNK ON THE PREMISES.
|
|
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) Notwithstanding
section 17 of chapter 138 of the General Laws, the town of Fairhaven
may grant an additional license for the sale of wines and malt beverages
to be drunk on the premises under section 12 of said chapter 138 to
Jevon Enterprises, d/b/a Mac's Soda Bar, located at 115 Sconticut
Neck road. The license shall be subject to all of said chapter 138
except said section 17.
|
|
(b) The licensing authority
shall not approve the transfer of the license authorized in this act
to any other location but it may grant the license to a new applicant
at the same location if the applicant files with the licensing authority
a letter from the department of revenue indicating that the license
is in good standing with the department and that all applicable taxes
have been paid.
|
|
(c) If the license granted
under this act is cancelled, revoked or no longer in use, it shall
be returned physically, with all of the legal rights, privileges and
restrictions pertaining thereto, to the licensing authority, and the
licensing authority may then grant the license to a new applicant
at the same location under the same conditions as specified in this
act.
|
|
SECTION 2. This act shall
take effect upon its passage.
|
|
Approved October 18, 2013.
|
|
AN ACT AUTHORIZING THE TOWN
OF FAIRHAVEN TO GRANT 1 ADDITIONAL LICENSE FOR THE SALE OF WINES AND
MALT BEVERAGES TO BE DRUNK ON THE PREMISES.
|
|
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) Notwithstanding
section 17 of chapter 138 of the General Laws, the licensing authority
for the town of Fairhaven may grant 1 additional license for the sale
of wines and malt beverages to be drunk on premises pursuant to section
12 of said chapter 138 to Pizzeria Brick Inc. for use at 213 Huttleston
avenue. The license shall be subject to all of said chapter 138 except
said section 17.
|
|
(b) The licensing authority
shall not approve the transfer of the license to any other location
but it may grant the license to a new applicant at the same location
if the applicant files with the licensing authority a letter from
the department of revenue and a letter from the department of unemployment
assistance indicating that the license is in good standing with those
departments and that all applicable taxes, fees and contributions
have been paid.
|
|
(c) If the license granted
under this act is cancelled, revoked or no longer in use at the location
of original issuance, it shall be returned physically, with all of
the legal rights, privileges and restrictions pertaining thereto,
to the licensing authority and the licensing authority may then grant
the license to a new applicant at the same location under the same
conditions as specified in this act.
|
|
SECTION 2. This act shall
take effect upon its passage.
|
|
Approved, September 30, 2016.
|
AN ACT ESTABLISHING THE POSITION OF TOWN ADMINISTRATOR IN THE
TOWN OF FAIRHAVEN.
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. The executive powers of the town of Fairhaven shall
be vested in the board of selectmen, who shall have all the powers
given to boards of selectmen by the General Laws, except for those
executive powers granted to the town administrator.
The board of selectmen shall serve as the chief goal-setting
and policy-making agency of the town of Fairhaven. The duties and
responsibilities for day-to-day management of the town shall be delegated
to the town administrator. The board shall act through the adoption
of policy directives and guidelines which shall be implemented by
the town administrator and the officers and employees appointed by,
or under the authority of, the board. Individual selectmen shall not
purport to represent the board or exercise the authority of the board
except when specifically authorized by the board.
The board of selectmen shall:
(a) enact rules and regulations to implement policies and to
issue interpretations;
(b) exercise, through the town administrator, general supervision
over all matters affecting the interests or welfare of the town;
(c) appoint the town counsel and any special counsels, and all
members of committees, boards and commissions except the finance committee
and except those appointed by the moderator, elected by the voters
or under the jurisdiction of the school committee or of the board
of public works and may make appointments to temporary posts and committees
the board creates for special purposes. [Amended by Ch. 269, Acts
of 2020, approved 1-6-2021]
(d) have general administrative oversight of such boards, committees
and commissions appointed by the board of selectmen;
(e) have the responsibility and authority for licenses and other
quasi-judicial functions as provided by the General Laws and by the
by-laws of the town of Fairhaven;
(f) issue all town meeting warrants;
(g) review the annual proposed budget submitted by the town
administrator and make recommendations with respect to the annual
proposed budget as the board deems advisable; provided, however, that
the town administrator shall present the budget to the town meeting,
incorporating the recommendations of the board of selectmen;
(h) appoint, and may re-appoint, and enter into a contract for
the employment of a town administrator for a term of not more than
3 years, who shall be a person with executive and administrative qualifications
and especially fitted by education, training and experience to perform
the duties of the office; provided, that the town may from time to
time, by by-law, establish such additional qualifications as it deems
necessary and appropriate;
(i) remove the town administrator at any time, for just cause
following a formal procedure including a written intent to dismiss,
a written response and a public hearing, to be completed within 30
days after the issuance of a written intent to dismiss, in accordance
with the terms of the town administrator's contract;
(j) set the compensation for the town administrator, not to
exceed an amount appropriated by the town meeting; and
(k) designate a qualified person as acting town administrator
to perform the duties of the office during any vacancy exceeding 30
days, caused by the town administrator's absence, illness, suspension,
removal or resignation; provided, that the appointment of an acting
town administrator shall be for a period not to exceed 180 days.
SECTION 2. The town administrator shall be the chief administrative
officer of the town of Fairhaven and shall act as the agent for the
board of selectmen. The town administrator shall be responsible to
the board of selectmen for coordinating and administering all town
affairs under the jurisdiction of the board of selectmen.
The town administrator's powers and duties shall include those
outlined in subsections (a) to (aa), inclusive.
(a) Consult and advise the board of selectmen regarding its
policies and implement those policies.
(b) Attend all meetings of the board of selectmen, except when
excused, and consult with and advise the board of selectmen on all
matters that come before the board.
(c) Attend all town meetings and advise the town meeting on
all warrant articles within the jurisdiction of the board of selectmen.
(d) Attend all finance committee meetings, except when excused
by the board of selectmen, and keep the finance committee informed
on all matters under the jurisdiction of the town administrator that
come before the committee.
(e) Manage and direct the daily reporting and supervision of
all town departments under the jurisdiction of the board of selectmen,
including: assessors, building commission, council on aging, police,
civil defense, animal control officer, gas inspector, plumbing inspector,
wiring inspector and weights and measures inspector, recreation, tree,
planning, finance, finance director, collector, treasurer, accounting,
veterans, town counsel, other committees appointed by and under the
jurisdiction of the board of selectmen and the fire department, subject
to section 42 of chapter 48 of the General Laws, but not including
the school department or the public works department. [Amended by
Ch. 269, Acts of 2020, approved 1-6-2021]
(f) Review and advise the board of selectmen on all warrants
for the payment of town funds as prepared by the town accountant in
accordance with section 56 of chapter 41 of the General Laws.
(g) Except with respect to the school department, and except
with respect to the hiring and firing of employees within the public
works department, the town administrator shall have sole authority
over the administration of personnel policies for all town employees.
With respect to the fire department, such authority shall be subject
to section 42 of chapter 48 of the General Laws. The town administrator
shall act as the personnel board under all applicable laws and by-laws,
except as otherwise set forth in this act. The personnel board as
presently constituted shall be eliminated upon the appointment of
the town administrator. The town may enact by-laws establishing the
wages, salaries and other benefits of employees, which shall be consistent
with the authority granted to the town administrator in this act.
Notwithstanding the elimination of the personnel board, all actions
taken prior to the appointment of the town administrator by the personnel
board within its authority, and by any other town official or board,
with respect to personnel, including the appointment of all officers
and employees, shall continue in full force and effect subject to
future action by the town administrator within the town administrator's
authority. [Amended by Ch. 269, Acts of 2020, approved 1-6-2021]
(h) Administer the town's insurance policies, including the
ability to settle claims; provided, however, that all insurance contracts
and claims settlements shall receive the approval of the board of
selectmen.
(i) With the approval of the board of selectmen, appoint and
remove all department heads under the direct control of the town administrator.
Each department head, with the approval of the town administrator,
shall appoint and remove all department staff within their respective
departments. All appointments shall be based entirely on merit and
fitness. All appointments and terminations shall be conducted in accordance
with the General Laws, personnel policies, by-laws of the town of
Fairhaven and any applicable employment contracts; provided, that
fire department appointments shall also be subject to section 42 of
chapter 48 of the General Laws.
(j) With the approval of the board of selectmen, reorganize
any departmental structures under the jurisdiction of the town administrator.
(k) With the approval of the board of selectmen, negotiate all
collective bargaining agreements on behalf of the town, except for
the school department. In collective bargaining negotiations with
unions representing employees in the public works department, the
town will be represented by the town administrator, the superintendent
of public works and a member of the board of public works. The town
administrator may seek the assistance of labor counsel if the town
administrator deems it necessary to effect successful negotiations.
All final agreements must be approved and executed by the board of
selectmen. [Amended by Ch. 269, Acts of 2020, approved 1-6-2021]
(l) With the approval of the board of selectmen, establish compensation
packages for all town employees under the jurisdiction of the town
administrator, not subject to a collective bargaining agreement. Such
compensation shall not exceed the amount appropriated therefor by
town meeting and shall be subject to all applicable laws and by-laws.
(m) Submit to the board of selectmen a written proposed budget
for town government for the ensuing fiscal year. The proposed budget
shall detail all estimated revenue from all sources, and all proposed
expenditures, including debt service for the previous, current and
ensuing 5 years. The proposed budget shall include proposed expenditures
for both current operations and capital projects during the ensuing
year, detailed by department, committee, agency, purpose and position
and proposed financing methods. The proposed budget shall include
estimated revenues and free cash available at the close of the fiscal
year, including estimated balances in special accounts. The town may,
by by-law establish additional financial information and reports to
be provided by the town administrator. To assist the town administrator
in preparing the proposed annual budget of revenue and expenditures,
the finance director, all boards, officers and committees of the town,
including the school committee and the board of public works, shall
furnish to the town administrator, in a writing in such a form as
the town administrator shall establish, all relevant information in
their possession, including a detailed estimate of the appropriations
required and any available funds. [Amended by Ch. 269, Acts of 2020,
approved 1-6-2021]
(n) Report on the probable amount required to be levied and
raised by taxation to defray all expenses and liabilities of the town
together with an estimate of the necessary tax rate.
(o) Establish calendar dates by which the proposed budget, revenue
statement and tax rate estimate are to be submitted to the board of
selectmen.
(p) Submit annually to the board of selectmen a 5-year capital
improvements program, or the same as approved by a formal capital
planning committee, to include: (i) a list of all capital improvements
and supporting data proposed to be undertaken during the next 5 years;
(ii) cost estimates, methods of financing and recommended time schedule;
and (iii) the estimated annual cost of operating and maintaining any
facility to be constructed or acquired.
(q) Advise the board of selectmen at least monthly, of all departmental
year-to-date revenues.
(r) Direct action as deemed necessary to ensure that all operating
and capital budgets under the direct control of the town administrator
are maintained in accordance with the town meeting vote that approved
those budgets and coordinate efforts with the governing bodies of
those departments not under the direct supervision of the town administrator
to ensure that those operating and capital budgets are maintained
in accordance with the town meeting vote that approved those budgets.
(s) Keep and complete records of the office of the town administrator
and annually submit to the board of selectmen, unless requested to
do so more frequently, a full report of the operations of the office.
(t) Be responsible for coordination of operational and strategic
planning for the town.
(u) Serve as the procurement officer for the town, establish
and enforce procurement policies and guidelines in accordance with
applicable state laws.
(v) Manage and oversee the use, maintenance, security and, with
the approval of the board of selectmen, regulate the rental for all
the town buildings, properties and facilities, including information
technology, except those under the jurisdiction of the school department
or the public works department, unless so requested by either of those
departments. [Amended by Ch. 269, Acts of 2020, approved 1-6-2021]
(w) Prepare the application of all town warrants for approval
by the board of selectmen.
(x) With the approval of the board of selectmen, prosecute,
defend and settle all litigation for or against the town or its officers
and employees, subject to such appropriation as may be necessary to
effect settlement, except for litigation involving only the school
department or the public works department, unless so requested by
either of those departments. [Amended by Ch. 269, Acts of 2020, approved
1-6-2021]
(y) Delegate and direct any qualified town official or employee
to carry out any duty that is within the authority of the town administrator.
(z) During a temporary absence, with the approval of the board
of selectmen, the town administrator may designate a qualified administrative
employee or officer to exercise the powers and perform the duties
of the town administrator.
(aa) Perform any other duties or tasks assigned by the board
of selectmen, assigned by the town meeting or mandated by applicable
state law.
SECTION 3. The town administrator of the town of Fairhaven shall
have access to all municipal books, papers and documents or information
necessary for the proper performance of the duties of the town administrator.
The town administrator may, without notice, cause the affairs of any
division or department under the town administrator's supervision,
or the conduct of any officer or employee thereof, to be examined.
SECTION 4. All laws, by-laws, votes, rules and regulations,
whether enacted by authority of the town of Fairhaven or any other
authority, which are in force in the town on the effective date of
this act, not inconsistent with this act, shall continue in full force
and effect.
SECTION 5. No contract existing, and no action at law or suit
in equity, or other proceeding pending, on the effective date of this
act shall be affected by this act.
SECTION 6. The town of Fairhaven shall be governed by this act.
To the extent that this act modified or repeals existing General Laws
and special acts or the by-laws of the Town of Fairhaven, this act
shall govern.
SECTION 7. This act shall not impair the rights or obligations
of any person holding a town office, or employed by the town, on its
effective date, except those duties assigned by this act to another
officer or employer, and except those duties which are subsequently
assigned to another officer or employee pursuant to this act. No person
who continues in the permanent full-time service or employment of
the town shall forfeit their pay, grade or time in service as a result
of this act.
SECTION 8. This act shall take effect upon its acceptance by
the town of Fairhaven by a vote at the town meeting.
|
Approved, November 25, 2014.
|
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same as follows:
Notwithstanding section 64 of chapter 130 of the General Laws,
the town of Fairhaven, acting by and through its board of selectmen,
may charge an annual fee of not less than $5 per acre nor more than
$200 per acre, or part thereof, for shellfish aquaculture licenses
granted pursuant to section 57 of said chapter 130. The board shall
fix the date the fee shall be due. If any part of the fee is not paid
within 6 months after it becomes due, the license shall immediately
be forfeited.
|
Approved, December 19, 2014.
|
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. Bridge number N-04-002 on Highland avenue in the
town of Needham shall be designated and known as the Captain Joseph
R. Fandrey Memorial Bridge in memory of Captain Joseph R. Fandrey
who served as a helicopter pilot in the United States Marine Corps
and lost his life on May 10, 1996 during a training exercise at Camp
Lejeune in North Carolina. The Massachusetts Department of Transportation
shall erect and maintain suitable markers bearing such designation
in compliance with the standards of the department.
SECTION 2. The eastbound side of bridge number F-01-014 on interstate
highway route 195 spanning River avenue in the town of Fairhaven shall
be designated and known as the Staff Sergeant Donald Roger Desmarais
memorial bridge in memory of Staff Sergeant Donald Roger Desmarais
who was killed in action on October 22, 1969 while serving as an armor
crewman in the United States Army with the 5th Infantry Division,
1st Battalion, 77th Armor, B Company. The Massachusetts Department
of Transportation shall erect and maintain suitable markers bearing
such designation in compliance with the standards of the department.
SECTION 3. The westbound side of bridge number F-01-014 on interstate
highway route 195 spanning River avenue in the town of Fairhaven shall
be designated and known as the SPC-4 Henry Anthony Chevalier memorial
bridge in memory of Henry Anthony Chevalier who was killed in action
on May 14, 1969 while serving as a medical specialist in the United
States Army, 1st Infantry Division, 1st Battalion, 16th Infantry,
D Company. The Massachusetts Department of Transportation shall erect
and maintain suitable markers bearing such designation in compliance
with the standards of the department.
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. Notwithstanding any general or special law to the
contrary, the number of members on the board of selectmen of the town
of Fairhaven shall be increased from 3 to 5. The board of selectmen
shall annually elect a chairperson from among its members.
SECTION 2. At the first annual town election to occur following
the effective date of this act, 3 selectmen shall be elected. The
candidate receiving the highest number of votes in that election shall
serve a 3-year term. The candidate receiving the second highest number
of votes shall serve a 2-year term. The candidate receiving the third
highest number of votes shall serve a 1-year term. Thereafter, as
the terms of selectmen expire, successors shall be elected for terms
of 3 years.
SECTION 3. This act shall take effect upon its passage.
|
Approved, November 1, 2021.
|
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. Notwithstanding chapter 31 of the General Laws or
any other general or special law, charter, by-law, rule or regulation
to the contrary, in order to be eligible for a civil service promotion
to the rank of fire lieutenant within the fire department of the town
of Fairhaven, an applicant must have not less than 3 years of service
in the rank of firefighter or higher within a civil service fire department.
A person who does not meet this requirement shall not be eligible
to take a promotional examination for the position of fire lieutenant
in the fire department of the town. Except as otherwise provided in
this act, applicants for promotional appointments shall be subject
to said chapter 31, as applicable.
SECTION 2. This act shall take effect upon its passage.
|
Approved, June 15, 2022.
|
