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 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.