This Charter may be replaced, revised or amended
in accordance with Chapter 43B of the General Laws, "Home
Rule Procedures Act," and any other procedures made available under
the State Constitution and any statutes enacted to implement the said
constitutional provisions.
The provisions of this Charter are severable. If
any provision of this Charter is held invalid, the other
provisions of this Charter shall not be affected thereby.
If the application of this 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 provisions shall prevail.
Words importing the singular number may extend and be applied
to several persons or things; words importing the plural number may
include the singular; words importing the feminine gender shall include
the masculine gender; words importing the masculine gender shall include
the feminine gender.
A copy of all rules and regulations adopted by any Town
department or Town office shall be filed in the
office of the Town Clerk before any such rule or regulation
shall become effective, and copies shall be made available for review
by any person who requests such information. No rule or regulation
adopted by any Town department or Town office shall become effective until ten days following the
date it has been so filed in the office of the Town Clerk.
Any appointed officer, member of a multiple member body, or employee of the Town, not subject to the provisions
of the State Civil Service law, or covered by the terms of a collective
bargaining agreement which provides a different method, and whether
appointed for a fixed or an indefinite term, may be suspended or removed
from office, without compensation, by the appointing authority for
good cause. The term "cause" shall include, but not be limited to,
incapacity other than temporary illness, inefficiency, insubordination,
and conduct unbecoming to the office.
Any appointed officer, member of a multiple member body, or employee of the Town may be suspended from office
by the appointing authority if such action is deemed by said appointing
authority to be necessary to protect the interests of the Town. However, no suspension shall be for more than fifteen days. Suspension may be conterminous with removal and shall not interfere
with the rights of the officer or employee under the removal procedure
given below.
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The appointing authority, when removing any such officer, member
of a multiple member body or employee of the Town, shall act in accordance with the following procedure:
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(a) A written notice of the intent to remove and a statement of the cause
or causes therefor shall be delivered in hand, or by registered mail
or certified mail, return receipt requested, to the last known address
of the person sought to be removed.
(b) Within five days following delivery of such notice the
officer, member of a multiple member body, or employee
of the Town may request a public hearing at which such
person may be represented by counsel, shall be entitled to present
evidence, call witnesses, and question any witnesses appearing at
the hearing.
(c) Between one and ten days after the public hearing is
adjourned, or if the officer, member of a multiple member body or employee of the Town fails to request a public hearing
between six and fifteen days after delivery of the notice
of intent to remove, the appointing authority shall take final action,
either by removing the officer, member of a multiple member
body, or employee of the Town, or notifying such
person that the notice is rescinded. Failure of the appointing authority
to take any action within the time periods as stated in this section
shall be deemed to be a revision of the original notice and the officer,
member of a multiple member body, or employee shall,
forthwith, be reinstated.
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 re-appointed when the original term expires.
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Whenever a vacancy occurs in any Town department or whenever by reason of a pending retirement or expiration of a
fixed term a vacancy can be anticipated, the appointing
authority shall forthwith cause public notice of such vacancy to be posted electronically and on the Town bulletin
board for not less than ten days and, at the discretion
of the appointing authority, published in the local newspaper. Such notice shall contain a description of the duties of the office,
position or employment and a listing of the necessary or desirable
qualifications to fill the office, position, or employment. No permanent
appointment to fill such office, position or employment shall be effective
until fourteen days following the date such notice was
posted to permit reasonable consideration of all applicants. This
section shall not apply to positions covered by the civil service
law and rules or if in conflict with the provisions of any collective
bargaining agreement.
If any person appointed to serve as a member of a multiple
member body shall fail to attend four or more consecutive meetings,
or one-half or more of all of the meetings of such body held in one
calendar year, the remaining members of the multiple member
body may, by a majority vote of the remaining
members of such body, declare the office to be vacant, provided, however,
that not less than ten days prior to the date said vote
is scheduled to be taken the body has given in hand, or mailed by
registered or certified mail, return receipt requested, notice of
such proposed or pending vote to the last known address of such person.
Unless another meaning is clearly apparent from the manner in
which the word is used, the following words as used in this Charter shall have the following meanings:
(a) Charter – The word "Charter" shall mean this Charter
and any amendments to it, which may hereafter be adopted.
(b) Commonwealth – The word "Commonwealth" shall mean
the Commonwealth of Massachusetts.
(c) Days – The word "days" shall refer to business
days, not including Saturdays, Sundays, and legal holidays when the
time set is less than seven days. When the time set is seven days
or more, every day shall be counted.
(d) Electronically – The words "electronically" or
"electronically and in print" shall mean that the document or report
shall be made publicly available for download on the Town of Salisbury's website and a printed copy may be obtained from the Town Clerk's office.
(e) Emergency – The word "emergency" shall mean a
sudden, unexpected, unforeseen happening, occurrence, event or condition
which necessitates immediate action.
(f) General Laws — The words "General Laws" (used
with initial capital letters) shall refer to the General Laws of Massachusetts,
a codification and revision of statutes enacted on December 22, 1920,
and including all amendments thereto subsequently adopted.
(g) Local Newspaper – The words "local newspaper"
shall mean a newspaper of general circulation in the Town of Salisbury.
(h) Majority Vote – The words "majority vote" shall
mean a majority of those present and voting, provided that a quorum of the body is present when the vote is taken, except
as otherwise provided by General Laws.
(i) Multiple Member Body – The words "multiple member
body" shall mean any Town body consisting of two or more
persons and whether styled board, commission, committee, subcommittee,
or otherwise and however elected or appointed, or otherwise constituted.
(j) Quorum – The word "quorum," unless otherwise required
by law or this Charter, shall mean a majority of the
members of a multiple member body then in office, not
including any vacancies, which might then exist.
(k) Town – The word "town" shall mean the Town of
Salisbury.
(l) Town Bulletin Board – The words "Town bulletin
board" shall mean the bulletin board at the Town Hall
on which official Town notices are posted and those at
other locations within the Town, which may from time
to time be designated as Town bulletin boards by by-law, or by vote
of the Board of Selectmen.
(m) Town department - the words "Town department" shall mean any
administrative division within the Town which is responsible
for carrying out specific day-to-day administrative operations of
the Town.
(n) Town office - The words "Town office" shall mean any elected
position or any appointed board or commission of the Town.
(o) Town officer – The words "Town officer", when
used without further qualification or description, shall mean a person
having charge of an office or department of the Town who,
in the exercise of the powers or duties of that position, exercises
some portion of the sovereign power of the Town.
(p) Voters – The word "voters" shall mean registered
voters of the Town of Salisbury.
(q) Vacancies – A "vacancy" in an office shall mean
notification of death, permanent disability to serve, resignation,
or no longer residing in the Town where residency is
a requirement of the office.