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which are not inconsistent with the provisions of this Charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation.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]]
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.
[1]
Editor's Note: This article also repealed former Ch. 1, § 7, Purpose.
[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 7.7. 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.