Every person who is elected or appointed including
those elected by the town council, or appointed by the mayor, to an
office shall receive a certificate of such election or appointment
from the town clerk which shall bear the date of its expiration. Except
as otherwise provided by law, before performing any act under his
election or appointment he shall take and subscribe to an oath to
qualify him to enter upon his duties. A record of the taking of such
oath shall be made by the town clerk. Any oath required by this section
may be administered by any officer authorized by law to administer
oaths. Records of transactions of all officers and boards shall be
properly kept and shall, subject to such reasonable restrictions as
the town council may prescribe, be open to the inspection of the public.
A copy of all rules and regulations adopted
by any town agency shall be filed in the office of the town clerk
and made available for review by any person who requests such information.
The town council shall, at five year intervals,
cause to be prepared by a special committee of the town council appointed
for that purpose, proposed revisions or recodifications of all ordinances
of the town which shall be presented to the town council for reenactment.
Such revisions or recodifications shall be prepared under the supervision
of the town solicitor, or if the town council so direct, by special
counsel retained for that purpose.
All town officers and members of town agencies
shall be deemed to be public or municipal officers or officials. Subject
to appropriation, the town may idemnify any such officer or member
for expenses or damages incurred in the defense or settlement of a
claim against him which arose while acting within the scope of his
official duties or employment, but only to the extend and subject to the limitations imposed by the general
laws.
No member of the executive or legislative branch
or of the school committee shall appear as counsel before any town
officer or agency.
General meetings of the voters may be held from
time to time, according to the right secured to the people by the
constitution of the commonwealth; and all such meetings may, and upon
the request in writing of one-hundred voters setting forth the purposes
thereof, shall be duly called by the town council.
If any provision of the 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 the charter
and its provisions to other persons and circumstances shall not be
affected thereby.
To the extend that any specific provision of the charter shall conflict
with any provisions expressed in the charter in general terms, the
specific provisions shall prevail.
All references to the General Laws contained
in the charter refer to the General Laws of the Commonwealth of Massachusetts
and are intended to include any amendments or revisions to such chapters
and sections or to the corresponding chapters and sections, of any
rearrangement of the General Laws enacted subsequent to the adoption
of the center.
In computing time under the charter, if seven
days or less, "days" shall refer to secular days and shall not include
Sundays or legal holidays. If more than seven days, every day shall
be counted.
Unless another meaning is clearly apparrent
from the manner in which the word is used, the following words as
used in the charter shall have the following meanings:
(a) Charter -- The word "charter" shall mean this charter
and any amendments to it made through any of the methods provided
under article LXXXIX of the amendments to the state constitution.
(b) Town -- The word "town" shall mean the town of Agawam.
(c) Town Agency -- The words "town agency" shall mean
any board, commission, committee, department or office of the town
government.
(d) Full Council -- The words "full council" shall mean
the entire authorized complement of the town council notwithstanding
any vacancies which might exist.
(e) Initiative Measure -- The words "initiative measures" shall mean a measure proposed by initiative procedures under the charter, including a specific item in a town budget or school committee budget but excluding (1) proceedings relating to the organization or operation of the town council or school committee, (2) an emergency measure passed in conformity with the charter, (3) the town budget as a whole or the school committee budget as a whole, (4) a revenue loan order, (5) any appropriation for the payment of the town's debts or obligations, (6) an appropriation of funds necessary to implement a written agreement executed under general laws, chapter
149, section 178l (relating to collective bargaining), (7) any proceeding or part thereof, relating to the election, employment, appointment, suspension, transfer, demotion, removal or discharge of any town officer or employee, (8) any proceeding repealing or rescinding a measure, or a part thereof, which is protested by referendum procedures.
(f) Referendum Measure -- The words "referendum measure" shall mean a measure protested by referendum procedures under the charter, including a specific item in a town budget or school committee budget, but excluding (1) proceedings relating to the organization or operation of the town council or school committee, (2) an emergency measure passed in conformity with the charter, (3) the town budget as a whole or the school committee budget as a whole, (4) a revenue loan order, (5) any appropriation for the payment of the town's debts or obligations, (6) an appropriation of funds necessary to implement a written agreement executed under general laws chapter
149, section 178l (relating to collective bargaining), (7) any proceeding, or part thereof, relating to the election, employment, appointment, suspension, transfer, demotion, removal, or discharge of any town officer or employee, (8) any proceeding providing for the submission or referral of a matter to the voters at an election.
(g) Majority Vote -- The words "majority vote" shall mean
a majority of those present and voting; provided, that a quorum of
the body is present.
(h) Measure -- The word "measure" shall mean an ordinance
passed or which could be passed by the town council or an order, resolution,
vote or other proceeding passed or which could be passed by the town
council or the school committee.
(i) Voters -- The word "voters" shall mean registered
voters of the town of Agawam.