(a)
Composition. There shall be a town council which shall
exercise the legislative powers of the town. One councillor shall
be elected from each precinct.
[Amended by Town Council item 93-074A on
2/18/93; confirmed by a majority of voters on 5/18/93; amendment passed
by Act of State Legislature June 1993]
(b)
Eligibility. Only voters who at all times during their
term of office shall be and remain residents of the town shall be
eligible to hold the office of councillor. A member of the town council
who shall remove from one precinct to another during the term for
which such councillor was elected shall cease to be a member of the
town council, provided however, a councillor with six months or less
remaining on the term for which such councillor was elected, notwithstanding
removal from one precinct to another, shall continue to serve and
to perform all official duties during such term of office.
(c)
Election and Term. The term of office of all members
of the Town Council shall be for four years beginning on the second
Monday following election and continuing until their successors are
qualified. Councilors shall serve four year overlapping terms so arranged
that the terms of as nearly half of the councilors as may be shall
expire at each biennial town election.
[Amended by Town Council item 93-074A on
2/18/93; confirmed by majority of voters 5/18/93; amendment passed
by Act of State Legislature June 1993; further amended by Town Council
vote in Dec. 1993 and passed by Act of State Legislature, May 31,
1994]
(d)
Term Limits. A person elected to serve as a member of the town council
shall not serve more than 3 consecutive terms of office or 12 consecutive
years, whichever is greater. When the term of office for which the
person is elected to serve would extend membership on the town council
beyond 12 consecutive years if the member served the full term, the
seat shall be deemed vacant at the time of the next scheduled biennial
town election and the vacancy shall be filled at that regular election
for the balance of the unexpired term; provided, however, that the
retiring councilor shall continue to serve until a successor is qualified.
[Amended 11-7-2017]
After the councillors-elect have been sworn,
the town council shall be called together by the town clerk for the
purpose of conducting an election among council members for the office
of town council president and vice-president to serve at the pleasure
of the town council. The president shall preside at all meetings of
the town council, and perform such other functions as may be assigned
by the charter, by ordinance or by vote of the town council. The vice-president
shall preside at meetings of the town council during the absence or
disability of the president.
Except as otherwise provided by law or by the
charter, all powers of the town shall be vested in the town council
which shall provide for their exercise and for the performance of
all duties and obligation imposed on the town by law.
Unless provide otherwise by this charter or until provided otherwise by provisions of section 5-1 the town council shall appoint all boards, commissions, and committees. The town council shall adopt procedures to allow for orderly appointment of multiple member bodies.
[Amended by Town Council item 91-03-1902 on 6/20/91; amendment approved by voters 11/5/91]
If a vacancy occurs in the office of councillor
occurs during the first forty-four months of a term, it shall be filled
by a precinct election. If a regular town election is scheduled to
be held within 120 days, but more than fifty days, after the date
vacancy occurs, it shall be filled by a special election within that
regular election; otherwise, the council shall schedule a special
election to be held as soon as is practical to fill the vacancy for
the balance of the unexpired term. The provisions of the charter governing
regular elections shall, so far as they are apt, apply to said special
election, provided no preliminary election shall be held.
(a)
Exercise of Powers. Except as otherwise provided by
the laws of the Commonwealth or the charter, the legislative powers
of the town council may be exercised in a manner determined by it.
(b)
Quorum. One-half of the total membership of the town
council plus two shall constitute a quorum. The affirmative vote of
a majority of the full town council shall be necessary to adopt any
appropriation order. Except as otherwise provided by the laws of the
Commonwealth or the charter, any other motion or measure may be adopted
by a majority vote of those present.
[Amended by Town Council item 93-074A; confirmed
by voters 5/18/93; amendment passed by Act of Legislature June 1993]
(c)
Rules of Procedure. The town council shall from time
to time establish written rules for its proceedings. Regular meetings
of the town council shall be held at a time and place fixed by ordinance
but which shall be not less frequent than once monthly. Special meetings
may be held on the call of the president of the town council, or on
the call of any four or more members, by written notice delivered
at least forty-eight hours in advance of the time set. Except as otherwise
authorized by the laws of the Commonwealth all sessions of the town
council shall be open to the public and press. Every matter coming
before the town council for action shall be put to a vote, the result
of which shall be duly recorded. All council votes on ordinances,
appropriation orders, or loan authorizations shall be taken by roll
call vote, and shall be duly recorded by the town clerk. A full, accurate,
and up-to-date record of the proceedings of the town council shall
be kept and shall be open to inspection by the public. Regular meetings
of the town council shall provide for a period of public comment,
provided however, the council may regulate such period of public comment
as deemed appropriate. [Changed by legislative action dated August
3, 1995]
The town council may employ such staff and experts
as is necessary to conduct the business of the town council. The town
council shall set the salaries of such staff.
(a)
In General. No measure shall be passed finally on
the date on which it is introduced, except in cases of special emergency
involving the health or safety of the people or their property. Except
as otherwise provided by the charter, every adopted measure shall
become effective at the expiration of thirty days after adoption or
at any later date specified therein. Measures not subject to referendum
shall become effective upon adoption. No ordinance shall be amended
or repealed except by another ordinance adopted in accordance with
the charter, or as provided in the initiative and referendum procedures.
(b)
Emergency Measures. An emergency measure shall be
introduced in the form and manner prescribed for measures generally
except that it shall be plainly designated as an emergency measure
and shall contain statements after the enacting clause declaring that
an emergency exists and describing its scope and nature in clear and
specific terms. A preamble which declares and defines the emergency
shall be separately voted on and shall require the affirmative vote
of two-thirds of the town council. An emergency measure may be passed
with or without amendment or rejected at the meeting at which it is
introduced. No measure making a grant, renewal or extension, whatever
its kind or nature, or a franchise or special privilege shall be passed
as an emergency measure, and except as provided by the laws of the
Commonwealth, no such grant, renewal or extension shall be made otherwise
than by ordinance. After its adoption, an emergency measure shall
be published as prescribed for other adopted measures. An emergency
measure shall become effective upon adoption or at such later time
as it may specify.
(c)
Charter Objection. Except for an emergency measure as defined in subsection (b), on the first occasion that the question on adoption of a measure is put to the town council, if a member objects to the taking of the vote, the vote shall be postponed until the next regular or special meeting of the town council. A charter objection shall have privilege over all motions but shall be made at the call for a vote on the measure by the presiding officer and all debate shall cease. This procedure shall not be used more than once for any matter bearing a single docket number notwithstanding any amendment to the original matter.
[Changed by legislative action dated August 3, 1995; amended
11-7-2017]
(d)
Publication of Measures. Notice of every proposed ordinance, appropriation order, or loan authorization, except emergency ordinances provided in section 2-8(b), shall be published once in a local newspaper, and in any additional manner as may be provided by ordinance at least ten days before its final passage. Upon final passage, notice of every ordinance, appropriation order, or loan authorization shall be published in a newspaper of general circulation within the town and posted on the town bulletin board. Any such publication notice required shall state the summary of the proposed or finally enacted ordinance or ordinances and the times and places at which copies of such ordinance or ordinances may be obtained or reviewed by the public.
The town council may delegate to one or more
town agencies, the powers vested in the town council by the laws of
the Commonwealth to grant and issue licenses and permits, and may
regulate the granting and issuing of licenses and permits by any such
town agency, and may in its discretion, rescind any such delegation
without prejudice to any prior action which has been taken.
The town council may require any town officer
or member of a board or commission to appear before it, and give such
information as it may require in relation to an office held by such
person, its function, and performance. The town council shall give
at least forty-eight hours written notice of the general scope of
the inquiry which is to be made to any person it shall require to
appear before it under this section.
The town council may make investigation into
the affairs of the town and into the conduct of any town agency, and
for this purpose may subpoena witnesses, administer oaths and require
the production of evidence.
[Amended 11-7-2017]
No councillor shall, while a member of the town
council, hold any other compensated town office or position. No former
councillor shall hold any compensated appointive town office or town
employment until one year after the expiration of his service on the
town council. This provision shall not prevent a town officer or employee
who has taken a leave of absence from such duties in order to serve
as a member of the town council from returning to such office or employment
following service as a member of the town council.
The town council shall by ordinance, establish
an annual salary and expense allowance for its members.
No ordinance increasing such salary or expense
allowance shall be effective, however, unless it shall have been adopted
by a two-thirds vote of the full council during the first eighteen
months following each regular town election. The new salary and expense
schedule shall be effective the first of the year next following the
next regular municipal election. [Changed by legislative action dated
August 3, 1995]
