Unless otherwise provided, in computing time periods relating to elections, Sundays and holidays shall generally be included; but when the last day of such period falls on a Sunday or on a holiday, the following day shall be considered the final day of such period; and when the first day of such period falls on a Sunday or on a holiday, the day preceding shall be considered the first day of the period.
This Charter may be replaced, revised, or amended in accordance with the procedures made availability by the State Constitution and Chapter 43B of the General Laws.
The provisions of this Charter are severable. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of this charter and its provisions to other persons and circumstances shall not be affected thereby.
To the extent that any specific provision of this Charter shall conflict with any provision expressed in general terms, the specific provision shall prevail.
A copy of all rules, regulations and meeting minutes adopted by boards, commissions, departments, agencies or officers of the Town, who do not employ full-time secretaries, shall be filed in the office of the Town Clerk and made available for review by any person who requests such information; otherwise, said information shall be available at the respective offices.
Any elected officer of the Town who has held the office for not less than three (3) months and has not less than one month remaining in his/her term, may be recalled and removed from office by vote of the Town.
(1)
The three (3) months shall begin when the officer originally assumes the office and shall not be repeated upon any consecutive re-election.
(2)
The provisions of paragraph (1) shall apply only to one who holds the same office continuously.
(A) 
Petitions
(1) 
The Town Clerk shall keep petitions for recall with his/her signature and the Town Seal available in his/her office.
(2) 
A petition for recall election of a Town Meeting Representative containing the representative's name and office together with the specific grounds for recall and the signatures of 10% of the voters of the precinct he or she represents shall be filed with the Town Clerk.
(3) 
A petition for the recall election of any other officer containing the officer's name and office, together with the specific grounds for the recall and the signatures of 10% of the voters in the town with at least one hundred (100) voters from each precinct, shall be filed with the Town Clerk, provided, however, such recall petition must be filed with the Town Clerk within 60 days of the date the recall petition was initially issued by the Town Clerk.
(B) 
Validating the Petition and Setting the Date for the Recall Election.
(1) 
The Town Clerk shall determine the validity of the petition and the signatures, and make a report to the Select Board members within seven (7) days of the receipt of the petition.
[Amended 10-21-2019 FATM, Art. 19]
(2) 
Upon the favorable report of the Town Clerk, the Select Board mebers shall set the date and call for a recall election.
[Amended 10-21-2019 FATM, Art. 19]
(3) 
That election shall be held on a Saturday, no sooner than three (3) weeks from the date of the Town Clerk's report and no later than five (5) weeks from the date of the Town Clerk's report; but,
(4) 
should there be a scheduled election within two (2) months of the Town Clerk's report, the recall question may be submitted to that election.
(5) 
If the officer whose recall is sought should submit his/her resignation before the opening of the polls at which the recall question is to be submitted, the election shall be canceled.
(6) 
The form of the question to be voted upon shall be substantially as follows: "Shall (here insert the name and title of the elected officer whose recall is sought) be recalled?" A majority vote of the voters to recall such elective officer will determine the question. Recall of such elective officer shall become effective upon certification of the results of the voting therein, regardless of any defect in the recall petition. If any elective officer shall be recalled, the vacancy created thereby shall be filled in accordance with the provisions of this Charter and of General Law.
(7) 
No person having been recalled or having resigned from office while recall proceedings were pending against him or her shall be appointed to any Town office or board within two (2) years following said recall or resignation.
Any appointed officer or employee of the Town, not subject to the provisions of the State Civil Service Law, not otherwise subject to a collective bargaining contract with the Town, whether appointed for a fixed or an indefinite term and who has completed his or her probationary period as that term is defined in the Personnel By-laws, may be suspended or removed from office by the appointing authority for good cause. The term good cause shall include, but not be limited to the following: incapacity other than temporary illness, inefficiency, insubordination and conduct unbecoming the office.
Any appointed officer or employee of the Town may be suspended from office by the appointing authority if such action is deemed by them to be necessary to protect the interests of the inhabitants of the Town. However, no suspension shall be for more than fifteen (15) days per charge.
Suspension may be coterminous with removal and shall not interfere with the rights of the officer or employee under the removal procedure given below.
The appointing authority when removing any such officer or employee shall act in accordance with the following procedure:
(A) 
A written notice of the intent to remove and a statement of the cause or causes therefor shall be delivered by registered mail to the last known address of the person sought to be removed.
(B) 
Within five (5) days of delivery of such notice, the officer or employee may request a public hearing at which he or she may be represented by counsel, shall be entitled to present evidence, call witnesses and to question any witnesses appearing at the hearing.
(C) 
Between one (1) and ten (10) days after the public hearing is adjourned, or if the officer or employee fails to request a public hearing, between six (6) and fifteen (15) days after delivery of the notice of the intent to remove, the appointing authority shall take final action, either removing the officer or employee or notifying him or her that the notice is rescinded.
Any such officer or employee shall continue to receive his/her salary until removed from office.
Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed for a fixed term is not reappointed when his/her original term expires.
[Amended 1-4-2023 by Chapter 370 of the Acts of 2022]
The provisions of Section 7-7 shall not apply to the positions of Chief of Police and Chief of Fire Departments. The removal or suspension of either or both chiefs shall be administered in accordance with the procedures set forth in Article IV, Section 5 of this Charter. Neither chief shall be subject to the Civil Service Law and Rules. The Select Board shall establish job classifications for the positions of Chief of Police and Chief of Fire Departments.