1-1-1 The present Town of Orleans, within its territorial limits
as now or as may thereafter be established by law, is hereby continued
as a body corporate and politic with perpetual succession under the
name: Town of Orleans.
[Amended 10-17-2022 STM by Art. 21, approved 5-16-2023 Annual
Town Election, Question 22]
1-2-1 This Charter provides for an Open Town Meeting-Select
Board-Town Manager form of Town government. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
1-2-2 Having been adopted by the voters on May 6, 1987, the
Orleans Home Rule Charter shall be considered as having taken effect
on January 1, 1988. [Amended
5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question
5]
1-2-3 The purpose of this Charter is: to secure citizen control
of local affairs; to establish and maintain efficient and financially
sound government; and to ensure that elected and appointed officials
are accountable to the electorate. [Amended 10-17-2022 STM by Art. 21, approved
5-16-2023 Annual Town Election, Question 22]
1-3-1 The Town shall possess, exercise, and enjoy all powers
possible under the Constitution and statutes of the Commonwealth as
completely and fully as though they were expressly enumerated herein.
1-3-2 The powers of the Town under this Charter shall be construed
liberally in favor of the Town, and no specific provision shall be
deemed to limit in any way the general grant of powers that towns
may exercise under the home rule amendments to the Constitution of
the Commonwealth, and the statutes thereof.
1-3-3 Except as specifically provided in this Charter all General
Laws, special laws, Town By-laws, votes, rules and regulations of
or pertaining to the Town which are in force when this Charter takes
effect and which are not inconsistent with the provisions of this
Charter shall continue in full force and effect until amended or rescinded
by due course of law or expire by their own limitation.
1-3-4 Except as specifically provided in this Charter, all multi-member
bodies, departments, and offices of the Town in existence shall continue
to perform their duties until not reappointed, reelected, or until
successors to their respective positions are duly appointed or elected
or their duties have been transferred. [Amended 10-17-2022 STM by Art. 21, approved
5-16-2023 Annual Town Election, Question 22]
1-3-5 Any person serving in the employment of the Town shall
retain such position and shall continue to perform his or her duties
until provisions shall have been made in accordance with this Charter
for the performance of the said duties by another person or department;
provided, however, that no person in the permanent, full-time service
or employment of the Town shall forfeit his or her pay grade or time
in service. All such persons shall be retained in a capacity as similar
to their former capacity as it is practical so to do and shall be
eligible for appointment to a position at a higher pay grade. [Amended 10-17-2022 STM by
Art. 21, approved 5-16-2023 Annual Town Election, Question 22]
1-3-6 If a power or duty is reassigned as the result of the
provisions of this Charter, as amended, the records, property and
equipment necessary to fulfill said power or duty shall likewise be
reassigned to the newly responsible office or department. [Amended 10-17-2022 STM by Art. 21,
approved 5-16-2023 Annual Town Election, Question 22]
1-4-1 Consistent with any applicable constitutional or statutory
provisions, the Town may exercise any of its powers, or perform any
of its functions and may participate in the financing thereof, jointly
or in cooperation, by contract or otherwise, with any one or more
other towns, civil divisions, subdivisions, or agencies of any state
or the United States government.
1-5-1 To the extent that any specific provision of this Charter
shall conflict with any provision in general terms, the specific provision
shall prevail.
1-5-2 The Charter shall govern whenever there exists a conflict
between Charter provisions and the provisions of Town by-laws, rules
and/or regulations. [Added
10-17-2022 STM by Art. 22, approved 5-16-2023 Annual Town Election,
Question 23]
All Town by-laws, rules and/or regulations not superseded by
this Charter shall remain in force. [Added 10-17-2022 STM by Art. 22, approved 5-16-2023
Annual Town Election, Question 23]
1-6-1 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 circumstances is held invalid, the application of this Charter
and its provisions to other persons and circumstances shall not be
affected thereby.
[Added 10-17-2022 STM by Art. 21, approved 5-16-2023 Annual
Town Election, Question 22]
1-7-1 Charter Amendment. This Charter may be replaced, revised,
or amended in accordance with the procedures made available by Articles
eighty-nine and one hundred and thirteen of the amendments to the
Constitution of the Commonwealth, commonly known as the Home Rule
Amendment, and M.G.L. Chap. 43B, commonly known as the Home Rule Procedures
Act.
1-7-2 Transition Requirements. Revisions or amendments requiring
a transition to take effect shall specify the circumstances, duration,
and conditions for termination of the transition status.
1-7-3 Enforcement. Clause 3-3-3 requires the Select Board to
enforce the Charter. Ten or more voters shall have the right to petition
the Select Board for enforcement of the Charter or to obtain a formal
opinion from Town Counsel regarding any Charter enforcement issue.
The forgoing enumeration shall not limit or restrict the exercise
of rights of enforcement set forth in the General Laws of the Commonwealth.
[Added 10-17-2022 STM by Art. 21, approved 5-16-2023 Annual
Town Election, Question 22]
1-8-1 Certain words and phrases contained in this Charter are defined in M.G.L. Chapter
4, Section 7. Other words and phrases used herein, but not defined in that statute, shall have the following specific meanings:
(a) Charter. The word "Charter" shall mean this Charter and any amendments
to it made through any of the methods provided under Articles eight-nine
and one hundred and thirteen of the amendments to the Constitution
of the Commonwealth.
(b) Town. The word "Town" shall mean the Town of Orleans.
(c) Appropriate local media. The phrase "appropriate local media" shall
mean the Town's website, public access television, any additional
posters, signs, and electronic or other available media. Provided,
however, that nothing stated herein shall relieve the Town from the
meeting notification requirement of state law.
(d) Majority Vote: The words "majority vote" shall mean a majority of
those present and voting provided that a quorum of the body is present.
(e) Voters. The word "voters" shall mean registered voters of the Town
of Orleans.
(f) Multi-member body. The words "multi-member body" shall mean any board,
commission, or committee of the Town consisting of two or more persons,
whether appointed or elected.
(g) Certification. The word "certification" shall mean that person has
been declared elected and sworn to the faithful performance of duty
by the Town Clerk.
(h) News outlet. The phrase "news outlet" shall mean any entity which
regularly provides, produces, and/or publishes notices, information,
and stories about the Town of Orleans, by way of newspapers/e-newspapers,
the Town website, and/or the Orleans Government Access Cable Television
Channel.