[Amended 4-30-1979 ATM, approved 1980 Annual Town Election; 4-28-1980 ATM, approved
1981 Annual Town Election; 10-3-1983 STM, Art. 43; approved 1985 Annual Town Election; Laws
1993, c. 250; 5-15-2002 ATM, Art. 21; approved 2003 Annual Town Election; 12-2-2019 STM, Art. 18, approved 2020 Annual Town Election]
The Selectboard of the Town shall consist of
five members all of whom shall be elected at large for a term of three
years. At the first regular April election of Selectboard under this
revision to the Charter the two candidates receiving the greatest
number of votes shall be in office for a term of three years, the
two candidates receiving the next greatest number of votes shall be
in office for a term of two years, and the one receiving the fifth
highest number of votes shall be in office for a term of one year.
Selectpersons shall then be elected as the terms of their office expire
for a term of three years.
The Selectboard shall serve until their successors
are elected and qualified and may receive an annual compensation as
determined by a vote of Town Meeting.
If, unless as the result of a recall election,
a vacancy or vacancies occur in the membership of the Selectboard,
the remaining members shall call a special Town election to fill the
vacancy or vacancies for the unexpired term or terms, unless if a
vacancy or vacancies occur with less than eight months to the annual
election, and if there are at least four Selectpersons remaining in
office, the vacancy or vacancies shall remain unfilled until such
annual election. A vacancy resulting from a recall election shall
be filled as hereinafter provided in this Charter.
It is the intent of this Charter that:
A.
The Selectboard be the highest executive authority
of the Town and be responsible for all requirements of the Selectboard
contained in the Constitution and General Laws of the Commonwealth.
In addition to performing such duties as may
be required to form general policies and plans, the Selectboard shall:
A.
Be responsible for the formation of a fiscal and program
plan setting forth intended accomplishments of all town departments
for a period of three years, by year, and the expenditures estimated
to be required to attain these accomplishments. Expenditures shall
be classified by those required for department operation and those
required for capital outlay. The plan shall also specify the sources
from which it is anticipated that funds to meet expenditures will
be obtained. This plan shall be published annually in the town report.
B.
Be responsible for the preparation of the annual Town
government budget and, except for schools, submission of that budget
on or before the third Tuesday in January to the Town Meeting Committee
on Finance and Taxation for approval by Town Meeting Representatives.
The Selectboard shall make an annual report, which shall be published
as part of the annual Town report, setting forth the matters considered
by them during the fiscal year preceding that in which the report
is published and making such recommendations as appear to be necessary
or appropriate respecting the finances of the Town and the measures
to be taken with reference thereto. The Selectboard shall place in
the annual report a statement of the past year's accomplishments of
each department.
C.
Appoint a Town Manager who shall be known as a Town
Manager, who shall, except as otherwise herein expressly provided,
be the administrative head of all departments of the Town, the conduct
of which is by the General Laws, the Constitution, or this Charter
placed upon the Selectboard. They shall be subject to the direction
and supervision and shall hold office at the will of the Selectboard
and shall be a person specially fitted by education, training, and
experience to perform the duties of said office. They shall be chosen
irrespective of their political opinions and must take up residence
in the Town within one year of their appointment unless excused from
this requirement by the Selectboard. During the time they holds such
appointment, they will hold no other elective or appointive office
nor will they be engaged in any other business or occupation except
that they may accept payment for advice or consultation offered by
any legal person or entity, with prior permission by the Selectboard.
They shall be responsible for the efficient administration of all
departments within the scope of their duties. Before entering upon
the duties of their office, they shall be sworn to the faithful and
impartial performance thereof by the Chairperson of the Selectboard,
by the Town Clerk, or by a Justice of the Peace.
D.
Appoint six Library Trustees, each of whom shall have
a term of three years. Two Library Trustees shall be appointed for
a three-year term, two for a two-year term and two for a one-year
term by the Selectboard elected at the first regular April election
held under this Charter. Subsequent appointments shall be for three-year
terms as Trustee's terms of office expire.
E.
Appoint three suitable persons as Assessors who shall
hold no elective office in the Town of Stoughton and who, upon their
appointment and qualifications, shall organize for the proper conduct
of their duties. Assessors shall be appointed for three-year terms.
One Assessor shall be appointed for a term of three years, one for
two years, and one shall be appointed for a term of one year by the
Selectboard elected at the first regular April election under this
Charter. Assessors shall subsequently be appointed for terms of three
years as their appointments expire. If for any reason a vacancy occurs
in the membership of the Assessors, the vacancy shall be filled forthwith
by appointment of the Selectboard for the unexpired term. The Assessors
shall have all the powers and rights and be subject to all the duties
and liabilities now or hereafter conferred or imposed by law upon
Assessors of towns. Before entering their office, the Assessors shall
be sworn to the faithful performance of their duties.
F.
Appoint a suitably qualified person to the office
of Town Clerk. The Town Clerk shall have all the powers and rights
and be subject to all the duties and liabilities now or hereafter
conferred or imposed by the law upon Town Clerks. The Town Clerk shall
serve at the will of the Selectboard and shall be sworn to the faithful
performance of their duties by the Chairperson of Selectboard or by
a Justice of the Peace. In case of vacancy in the office of the Town
Clerk, the Selectboard shall forthwith appoint a person to fill the
vacancy. Should the present Town Clerk who was previously granted
tenure be holding office at the time this Charter is adopted they
will retain the tenure of office previously granted by Town election.
G.
Appoint the members of the Zoning Board of Appeals,
the members of the Planning Board, the Chief of Police, the Sealer
of Weights and Measures, and the Weigher, the Constables, the Registrars
of Voters, the members of the Council on Aging, the members of the
Industrial Commission, the Veteran's Agent, the Town Counsel and the
Town Accountant. The Town Accountant shall be an office separate and
distinct from the Town Clerk and shall be filled by a separate person.
The Planning Board shall have five members each of whom shall be appointed
for a five-year term. One member of the Planning Board shall be appointed
for five years, one for four years, one for three years, one for two
years, and one for one year by the Selectboard elected at the first
regular April election held under this Charter. Members shall subsequently
be appointed for five-year terms as their terms of office expire.
All other appointees to offices listed in this paragraph shall serve
at the will of the Selectboard.
H.
Be the Water and Sewer Commissioners of the Town.
I.
Be the licensing board for the sale of alcoholic beverages
in the Town.
J.
Have the right to make the investigations and may
authorize the Town Manager to investigate the operations of the Town
and the conduct of any Town department, office, or agency, including
any doubtful claims against the Town, and for this purpose may subpoena
witnesses, administer oaths, take testimony and require the production
of evidence. Any person who fails or refuses to obey a lawful order
issued in the exercise of these powers by the Selectboard shall be
guilty of a misdemeanor punishable by a fine of not more than five
hundred dollars.
