[HISTORY: Acts, 1966, Chapter 620; Accepted by Vote of Town,
3-13-1967; as amended through 3-10-1975. Subsequent amendments noted
where applicable.]
[Amended by order under MGL c. 43B, § 10A, adopted
by vote of Town Meeting 3-4-1974, approved by the Attorney General
5-10-1974, and approved by the voters 3-10-1975]
The annual town meeting of the Town of Ipswich for the transaction
of all business except the election of such officers and the determination
of such matters as are by law to be determined by ballot shall be
held on such date as the Town shall provide by by-law consistent with
the provisions of the General Laws as amended. That part of the annual
town meeting devoted to the election of officers and to take action
on such matters as are by law to be determined by ballot shall be
held within thirty days of the annual town meeting, and the time and
place of holding such election and vote shall be stated in the warrant
for the annual town meeting.
[Amended 1-3-2020 by Acts of 2019, c. 152]
The select board shall consist of five members, each to be elected
by official ballot by the qualified voters of the Town at the annual
town election, and each to hold a three year term of office. Such
term shall be staggered as they were prior to the acceptance of this
act, and the members of the select board holding office at the time
of the acceptance of this act shall serve out their elected terms.
The select board shall work with the finance committee, town
manager and officials to ensure that there are policies and best practices
in place to produce municipal operating budgets to be presented at
the annual town meetings. The select board shall take a leadership
role in a collaborative process among public bodies and officials,
including the school committee, finance committee, planning board
and town manager, to develop, recommend and implement long-term plans,
priorities, capital expenditures and environmental protection policies
for the town of Ipswich. The select board shall only develop town
policies and regulations that are not under the lawful, designated
jurisdiction or the duty of another public body or official.
[Amended 1-3-2020 by Acts of 2019, c. 152]
The select board shall appoint and may remove election officers,
registrars of voters (except the Town Clerk), Trust Fund Commissioners,
Town Accountant, Zoning Board of Appeals, an Electric Light Manager,
and the Town Manager. The Treasurer and Collector shall be appointed
by the select board as provided in chapter two hundred and fifty-one
of the acts of nineteen hundred and sixty-three, which was accepted
by the town of Ipswich in March nineteen hundred and sixty-four and
which shall not be affected by this act in any way. The Town Accountant
and the Treasurer and Collector shall, in the performance of their
duties, be subject to the general supervision and direction of the
Town Manager.
[Amended 1-3-2020 by Acts of 2019, c. 152]
For the purpose of making investigations or surveys, the select
board may employ such experts, counsel and other assistants and incur
such other expenses, not exceeding in any year the sum of one thousand
dollars, or such larger sum as may be appropriated for the purpose
by the Town, as they may deem necessary, and the same shall be paid
by the Treasurer upon a warrant signed by a majority of the select
board.
[Amended by vote of Special Town Meeting, 11-7-2017; approved
2-16-2018 by Acts of 2018, c. 28; 1-3-2020 by Acts of 2019, c. 152]
In addition to the select board, the registered voters of the
Town shall elect a moderator, a constable, a school committee of seven
members and a housing authority of five members, each to be elected
in accordance with the practices in effect for the election of such
officials prior to the acceptance of this act. Any of said officials
holding office at the time of the acceptance of this act shall serve
out the official's elected term.
[Amended 1-3-2020 by Acts of 2019, c. 152]
The select board shall appoint a town manager for a term of
3 years. The town manager shall be a person especially fitted by education,
training and experience to perform the duties of the office. The town
manager shall be appointed without regard to the town manager's political
beliefs. The select board may reappoint an incumbent town manager
for successive, 3-year terms of office, as the board may determine
to be in the best interests of the town. The town manager shall not
be required to be a resident of the town or of the commonwealth when
appointed or during the town manager's initial term; provided, however,
that if reappointed, the town manager shall be required to reside
in the town not more than 12 months after the beginning of the town
manager's second term of office and throughout all successive terms
of office. Before entering upon the duties of the office, the town
manager shall be sworn to the faithful and impartial performance thereof
by the chairman of the select board, the town clerk or a justice of
the peace. The town manager shall execute a bond in favor of the town
for the faithful performance of the town manager's duties in such
sum and with such surety as may be fixed or approved by the select
board.
[Amended 1-3-2020 by Acts of 2019, c. 152]
A vacancy in the office of Town Manager shall be filled as soon
as possible by appointment by the select board. Pending the appointment
of a town manager or the filling of such a vacancy, the select board
may appoint a suitable person to perform the duties of the office
temporarily. Said temporary appointment shall be made within thirty
days of the occurrence of the vacancy, but any such temporary appointment
shall be for a term not to exceed ninety days. If necessary, the select
board may extend the temporary appointment for an additional term
not to exceed ninety days. A temporary town manager, appointed according
to the terms of this section, shall serve at compensation to be set
by the select board, but such compensation shall not exceed the rate
of compensation approved for the Town Manager by the Town.
[Amended 1-3-2020 by Acts of 2019, c. 152; 10-29-2019 STM by Art.
9, approved 1-14-2021 by Acts of 2020, c. 370]
In the event of a temporary absence of not more than 30 days
of the town manager, the town manager shall appoint a qualified employee
of the town to perform the duties of that office during that period,
by a letter filed with the town clerk and the select board. If the
town manager fails to make an appointment within 48 hours, the select
board shall appoint a qualified employee of the town to fill the duties
of that office. If the absence extends beyond 30 days the select board
may then appoint a capable person to perform the duties of the town
manager. No member of the select board shall serve as acting town
manager.
[Amended 1-3-2020 by Acts of 2019, c. 152]
The select board, at any meeting of the full membership of the
Board, may adopt a preliminary resolution to remove the Town Manager
by a vote in which not more than one member dissents. At least thirty
days before such proposed removal becomes effective, the select board
shall file a preliminary written resolution with the Town Clerk setting
forth in detail the specific reasons for the proposed removal, a copy
of which resolution shall be delivered to the Town Manager. The Manager,
within thirty days after notice so filed, may reply in writing to
the resolution and may request a public hearing. If the Manager so
requests, the select board shall hold a public hearing not earlier
than twenty days nor later than thirty days after the filing of such
request. After such public hearing, if any, otherwise at the expiration
of thirty days following the filing of the preliminary resolution,
and after full consideration, the select board, by vote of the full
membership of the Board at which no more than one member dissents,
may adopt a final resolution of removal. In the preliminary resolution
the select board may suspend the manager from duty, but shall in any
case cause to be paid to the town manager forthwith any unpaid balance
of the town manager's salary through the date of the final resolution
plus one month's severance pay.
[Amended 1-3-2020 by Acts of 2019, c. 152]
The Town Manager shall receive such compensation for the town
manager's services as the select board shall determine but it shall
not exceed the amount appropriated therefor by the Town without prior
approval of the Finance Committee.
In addition to specific powers and duties provided in this act,
the Town Manager shall have the general powers and duties enumerated
in this section:
(a)
The Town Manager shall supervise and direct the administration of
all departments, boards and offices subject to the town manager's
appointment.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(b)
The Town Manager, in accordance with the provisions of this act and
except as otherwise expressly prohibited by the General Laws, may
reorganize, consolidate or abolish departments, commissions, boards
or offices under the town manager's direction and supervision, in
whole or in part, may establish such new departments, commissions,
boards or offices as the town manager deems necessary, and in so doing,
may transfer the duties, powers and appropriation of one department,
commission, board or office to another.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(c)
Except as otherwise provided by this act, the Town Manager shall
appoint upon merit and fitness alone, and subject to the provision
of chapter thirty-one of the General Laws where applicable, may remove
all officers and employees of the Town under the town manager's supervision.
Town officers and employees not subject to the provisions of said
chapter thirty-one shall not be removed by the town manager except
on five days' notice in writing, setting forth the cause of such removal.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(d)
Notwithstanding the provision of section one hundred and eight of
chapter forty-one of the General Laws, the Town Manager shall fix
the compensation of all officers and employees subject to removal
by the town manager. Said compensation shall not exceed the sums appropriated
by the Town.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(e)
The Town Manager shall attend all regular meetings of the select
board unless excused by the Board.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(f)
The Town Manager shall keep full and complete records of the town
manager's office, and shall render as often as may be required by
the select board a full report of all operations during the period
reported on.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(g)
The Town Manager shall keep the select board fully advised as to
the needs of the Town and shall recommend to the select board for
adoption such measures requiring action by them or by the Town as
the town manager may deem necessary or expedient.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(h)
The Town Manager shall have jurisdiction over the rental and use
of all Town property and shall be responsible for the maintenance
and repair of all Town buildings. The town manager shall be responsible
for the preparation of plans and the supervision of work on existing
buildings or on the construction of new buildings. However, the town
manager shall not have such responsibilities for property and buildings
under the control of the School Committee unless so requested of the
select board by that committee.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(i)
The Town Manager shall administer either directly or through a person
or persons appointed by the town manager in accordance with this act
all provisions of general and special laws applicable to said Town,
all by-laws and all regulations established by the select board.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(j)
The Town Manager shall be responsible for publication of the annual
town report which shall include, in addition to that which is required
by law or by by-law, the warrants and actions taken by the Town of
such warrants for all town meetings which have occurred since the
last town meeting included in the last annual town report. The first
such report to include town meeting data shall begin with the data
from the previous annual town meeting.
(k)
The Town Manager shall perform such other duties consistent with
the town manager's office, as may be required of the town manager
by the by-laws of the Town or by the vote of the select board.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(l)
The Town Manager shall appoint all necessary town officers not specifically
provided for herein.
(m)
The Town Manager shall act as the purchasing agent for the Town with
the powers and duties provided in section one hundred and three of
chapter forty-one of the General Laws.
[Amended 1-3-2020 by Acts of 2019, c. 152]
The Town Manager may, without notice, cause the affairs of any
division or department under the town manager's control, or conduct
of any officer or employee thereof, to be examined. The Town Manager
shall have access to all Town books and papers for information necessary
for the proper performance of the town manager's duties.
[Amended by order under MGL c. 43B, § 10, adopted
by vote of Town Meeting 4-6-1998; approved by the voters on 4-13-1998;
approved by the Attorney General on 5-7-1998; effective 6-4-1998; 1-3-2020 by Acts of 2019,
c. 152]
The following boards or offices in existence at the time of
acceptance of this act shall continue in force and effect: Planning
Board, Board of Assessors, Town Counsel and emergency management and
civil defense director. Members of said boards or offices holding
office at the time of acceptance of this act shall serve out their
appointed terms, and future appointments shall be made by the Town
Manager. If for any reason a vacancy occurs in any of these boards
or offices, the vacancy shall be filled for the unexpired term by
appointment by the Town Manager.
The director of the Ipswich public library shall be appointed
by the town manager with the approval of the board of library trustees.
The town manager may remove the director of the Ipswich public library,
with the approval of the board of library trustees, for just cause,
following a hearing.
[Amended by order under MGL c. 43B, § 10A, adopted
by vote of Town Meeting 4-13-1981; approved by the Attorney General
on 5-22-1981; and approved by the voters on 4-12-1982]
Upon acceptance of this act, there shall be established a Recreation
Committee to consist of seven members to be appointed by the Town
Manager. Said committee shall assume all the duties and responsibilities
of the Recreation Committee as they exist prior to the acceptance
of this act, with the exception of the responsibility for employing
and removing personnel, which shall be the responsibility of the Town
Manager. The term of office shall be three years, terms to be staggered
such that in one year, two; the second year, two; and the third year,
three terms shall expire. If for any reason a vacancy occurs in the
membership of the committee, the vacancy shall be filled for the unexpired
term by appointment by the Town Manager. The Town Manager shall appoint
a recreation director and a buildings and grounds director who shall
be subject to the general supervision and direction of the Town Manager.
[Amended by order under MGL c. 43B, § 10A, adopted
by vote of Town Meeting 4-13-1981; approved by the Attorney General
on 5-22-1981; and approved by the voters on 4-12-1982]
Upon the acceptance of this act, the Board of Cemetery and Park
Commissioners, which board was elected prior to the acceptance of
this act, shall revert to an appointed board, said appointments to
be made by the Town Manager. Elected members of the board shall serve
out their unexpired terms, at the expiration of which their successors
shall be appointed by the Town Manager. If for any reason a vacancy
occurs in the membership of the Board of Cemetery and Park Commissioners,
the vacancy shall be filled for the unexpired term by appointment
by the Town Manager. Said board shall assume all duties and responsibilities
of the Board of Cemetery Commissioners and of the Park Commissioners
in existence prior to the acceptance of this act, with the exception
of the responsibility for employing and removing personnel, which
shall be the responsibility of the Town Manager.
Deleted by order under MGL c. 43B, § 10, adopted by vote of Town Meeting 4-6-1998; approved by the voters on 4-13-1998; approved by the Attorney General on 5-7-1998; effective 6-4-1998.
[Amended 1-3-2020 by Acts of 2019, c. 152]
Upon the acceptance of this act, the Board of Health, which
board was elected prior to the acceptance of this act, shall revert
to an appointed board, said appointments to be made by the Town Manager.
Elected members of the board shall serve out their unexpired terms,
at the expiration of which their successors shall be appointed by
the Town Manager. If for any reason a vacancy occurs in the membership
of the Board of Health, the vacancy shall be filled for the unexpired
term by appointment by the Town Manager. Said board shall assume all
duties and responsibilities of the Board of Health in existence prior
to the acceptance of this act with the exception of the responsibility
for employing and removing personnel, which shall be the responsibility
of the Town Manager. The Town Manager may appoint an agent of the
Board of Health who may be a member of said board and who shall possess
all the powers and duties conferred or imposed by law upon agents
of boards of health of towns, but who shall, in the performance of the
duties of the office, be subject to the general supervision and direction
of the Town Manager.
[Amended 1-3-2020 by Acts of 2019, c. 152]
The Town Manager shall appoint a suitably qualified person to
the office of Town Clerk. The person holding the elective office of
Town Clerk at the time of the acceptance of this act shall serve out
the term to which the town clerk was elected, at the expiration of
which the Town Manager shall appoint the town clerk's successor. The
Town Clerk shall have the powers, perform the duties, and be subject
to the liabilities and penalties now or hereafter conferred or imposed
by law upon Town Clerks but shall be subject to the general supervision
and direction of the Town Manager in the performance of the town clerk's
duties. The town clerk shall be sworn to the faithful performance
of the town clerk's duties by the chairman of the Selectmen or by
a justice of the peace.
Former Section 19, Inspectors, was repealed 1-3-2020 by Acts of 2019,
c. 152.
[Amended 1-3-2020 by Acts of 2019, c. 152]
In addition to the above mentioned boards, committees or officers,
the Town Manager may establish and appoint the members of such advisory
boards or committees as the town manager deems necessary. Such boards
or committees may include, but need not be restricted to, a water-sewer
advisory board, mosquito control committee, traffic safety committee,
building code committee, public safety advisory committee, personnel
advisory board and an electric light advisory board.
[Amended by order under MGL c. 43B, § 10A, adopted
by vote of Town Meeting 3-6-1972, approved by Attorney General 8-11-1972,
and approved by the voters 3-12-1973; 1-3-2020 by Acts of 2019, c. 152]
Upon the acceptance of this act there shall be established a
department of public works as herein provided. The Town Manager shall
assume all the powers and duties as heretofore delegated to the Board
of Public Works. The select board shall assume all the powers and
duties heretofore delegated to the Water Commissioners and Sewer Commissioners.
The Town Manager may appoint such superintendents of separate sections
of said department as the town manager deems necessary except that
the existing position of Superintendent of Streets as now established
shall continue to exist within the Department of Public Works. The
Department of Public Works may include, but need not be restricted
to, the Engineering Department, Water Department, Sewer Department,
Forestry Department, Highway Department and Shellfish Department as
they existed prior to the acceptance of this act. The Cemetery Department,
at the discretion of the select board, may be included under Public
Works also after the expiration of the terms of the elected members
as specified in section fifteen. The Public Works Department so established
shall assume all the functions of the departments it incorporates
as these functions existed prior to the acceptance of this act. The
Town Manager may consolidate the functions of various departments
as they become part of the Department of Public Works, but the organized
composite departments shall consist of divisions that compare as nearly
as practical by title and function with the departments as they existed
prior to the acceptance of this act, and the accounting for this department
shall be subdivided according to the divisions so defined. The collection
and removal of refuse, garbage and offal shall also be the responsibility
of said department.
[Amended by order under MGL c. 43B, § 10A, adopted
by vote of Town Meeting 3-6-1972, approved by Attorney General 8-11-1972,
and approved by the voters 3-12-1973; 1-3-2020 by Acts of 2019, c. 152]
The Electric Light Department in existence at the time of acceptance
of this act shall continue in force and effect. Said department shall
be under the direct supervision of an officer to be known as the Electric
Light Manager, but shall be subject to the general supervision of
the Town Manager who shall be responsible to the select board as Electric
Light Commissioners.
[Amended 1-3-2020 by Acts of 2019, c. 152]
The Town Manager shall be the chief fiscal officer of the Town.
Warrants for the payment of Town funds prepared by the Town Accountant
in accordance with the provisions of section fifty-six of chapter
forty-one of the General Laws shall be submitted to the Town Manager.
The approval of any such warrant by the Town Manager shall be sufficient
authority to authorize payment by the Town Treasurer, but the select
board shall approve all warrants in the event of the absence of the
Town Manager or a vacancy in the office of the Town Manager.
[Amended 1-3-2020 by Acts of 2019, c. 152]
Whenever any payroll, bill or other claim against the Town is
presented to the Town Manager the town manager shall, if the same
seems to the town manager to be of doubtful validity, excessive in
amount, or otherwise contrary to the interests of the Town, refer
it to the select board who shall immediately investigate the facts
and determine what, if any, payment should be made. Pending such investigation
and determination by the select board, payment shall be withheld.
[Amended 1-3-2020 by Acts of 2019, c. 152]
Every officer shall pay into the treasury of the Town all amounts
received by the officer on behalf of the Town, and shall make a true
return thereof to the Town Accountant stating the accounts upon which
such amounts were received.
The aggregate annual compensation of each Town employee appointed
by the Town Manager shall be limited to the amount established in
accordance with the provisions of this act and all fees received in
accordance with the provisions of any general or special law shall
be paid into the treasury of the Town.
[Amended by vote of Annual Town Meeting, 5-13-2014, approved
by Attorney General 9-4-2014, approved by the Legislature 11-6-2014; 1-3-2020 by Acts of 2019,
c. 152]
No later than one hundred (100) days prior to the Annual Town
Meeting, the Town Manager shall submit to the select board a careful,
detailed estimate in writing of the probable expenditures of the Town
Government for the ensuing fiscal year, stating the amount required
to meet the interest and maturing bonds and notes or other outstanding
indebtedness of the Town and showing specifically the amount necessary
to be provided for each fund and department, together with a statement
of the expenditures of the Town for the same purposes in the two preceding
years and an estimate of expenditures for the current year. The town
manager shall also submit a statement showing all revenues received
by the Town in the town preceding fiscal years and an estimate of
the amount of income from all sources of revenue exclusive of taxes
upon property in the ensuing year. For the purpose of enabling the
Town manager to make up the annual estimate of expenditures, all boards,
officers, and committees of the Town shall, upon the town manager's
written request, furnish all information in the possession and submit
to the town manager in writing a detailed estimate of the appropriations
required for the efficient and proper conduct of their respective
departments during the next fiscal year.
[Amended by vote of 4-7-2003 Town Meeting; approved by Attorney
General 5-19-2003; amended by vote of Annual Town Meeting, 5-13-2014,
approved by Attorney General 9-4-2014, approved by the Legislature
11-6-2014; 1-3-2020 by Acts of 2019, c. 152]
The select board shall consider the tentative budget submitted
by the Town Manager and make such recommendations relative thereto
as they deem expedient and proper in the interests of the Town. No
later than 65 days prior to the Annual Town Meeting, the select board
shall transit a copy of the budget together with their recommendations
relative thereto to each member of the Finance Committee.
Between May 15 and July 15 of each year, in closing the fiscal
year, the Town Manager, with the approval of the select board and
the Finance Committee, may transfer funds between departments and
categories appropriated within the municipal operating budget for
the year then ending; said actions may be taken without further town
meeting approval, provided the total budget is not increased, and
provided further that the aggregate total of funds transferred pursuant
to the provisions of this Section shall not exceed two percent (2%)
of the total municipal operating budget for the year then ending.
The Finance Committee shall continue to exist as it is now established
in accordance with chapter four of the By-Laws of the Town of Ipswich.
All laws, by-laws, rules and regulations in force in the Town
of Ipswich when this act takes effect, not inconsistent with its provisions,
whether enacted by authority of the Town or any other authority, shall
continue in full force and effect until otherwise provided by law,
by-law or vote, respectively; all other laws, by-laws, rules and regulations,
so far as they refer to the Town of Ipswich, are hereby repealed and
annulled, but such repeal shall not revive any pre-existing enactment.
This act shall be submitted to the qualified voters of the Town
of Ipswich for acceptance at the annual town meeting to be held in
the year nineteen hundred and sixty-seven in the form of the following
question which shall be placed upon the official ballot to be used
at said meeting: "Shall an act passed by the General Court in the
year nineteen hundred and sixty-six, entitled 'An Act establishing
a Selectmen-Town Manager form of government for the Town of Ipswich',
be accepted?" If a majority of the votes in answer to said question
is in the affirmative, this act shall thereupon take effect immediately,
but not otherwise.
[Amended 1-3-2020 by Acts of 2019, c. 152]
At any time after the expiration of three years from the date
on which this act is accepted and not less than sixty days before
the date of an annual town meeting, a petition signed by not less
than twenty percent of the registered voters of the Town may be filed
with the select board, requesting that the question of revoking the
acceptance of this act be submitted to the voters. Thereupon the select
board shall cause the question of revocation of the acceptance to
be placed on the ballot at the next annual town election. At said
election the vote shall be taken in answer to the following question
which shall be printed on the official ballot: "Shall an act passed
by the General Court in the year nineteen hundred and sixty-six, entitled
'An Act establishing a select board-Town Manager form of government
for the Town of Ipswich', be retained?" If retention of the act is
favored by a majority of the voters voting thereon, no further petition
therefor shall be filed under this section more often than once every
three years thereafter. If retention of this act is not favored by
a majority of the voters voting thereon, this act shall cease to be
operative on and after the next annual town election following such
vote, the term of office of the Town Manager terminating at that time.
At the first annual town election following such vote of revocation,
the registered voters of the Town shall elect by ballot all elective
officers, boards, and committees whose election of office was required
immediately prior to the acceptance of this act, but whose election
to office was not required according to the terms of this act; provided,
however, that the Town has not voted to accept other plans which provide
for a different arrangement from that existing immediately prior to
the acceptance of this act. It shall be the duty of the select board
and the Town Clerk in office, and any other Town official upon whom
by reason of the official's office a duty devolves when this act is
revoked, to comply with all of the requirements of this section relating
to elections, to the end that all things may be done necessary for
the nomination and election of the officers required to be elected
following the revocation of this act. The said revocation shall not
affect any contract then existing or any action at law of any suit
in equity or any other proceedings then pending. Any special laws
relative to said Town which are repealed by this act shall be revived
by this revocation. All laws, by-laws, votes, rules, and regulations
repealed and annulled as provided in section thirty shall be revived
by such revocation. By-laws, votes and rules and regulations in force
when said revocation takes effect, so far as consistent with the General
Laws respecting town government and town officers and with special
laws, shall not be affected thereby. For those positions for which
the unexpired terms of office were not affected by the acceptance
of this act, the unexpired terms of office shall not be affected by
the revocation of this act.
[Added 5-14-2013 ATM; approved 10-3-2013 by Acts of 2013,
c. 102]
(a)
Any holder of an elected office in the town of Ipswich who has held
an elected town wide office and whose term of office extends beyond
the next annual town election, may be recalled therefrom by the registered
voters of the town as provided in this section, for reasons of: (i)
conviction of a felony while in office or conviction of the following
misdemeanors, as defined by the General Laws, while in office: domestic
violence, driving under the influence of alcohol or drugs, the illegal
manufacture, distribution or dispensing of controlled substances,
assault or criminal harassment; (ii) admission to facts, while in
office, sufficient to be convicted of a felony or sufficient to be
convicted of the following misdemeanors, as defined in the General
Laws: domestic violence, driving under the influence of alcohol or
drugs, the illegal manufacture, distribution or dispensing of controlled
substances, assault or criminal harassment; (iii) being in violation
of the conflict of interest law, in chapter 268A of the General Laws,
while in office, as determined by the state ethics commission or the
attorney general; or (iv) attended less than 50 per cent of the posted
public meetings of the board or office on which the official was an
elected member or to which the official was elected or appointed as
part of that official's elected position during the previous 12 months.
The elected official's vote on a matter, other than in connection
with a conflict of interest violation, shall not be grounds for a
recall petition.
(b)
Ten or more registered voters of the town of Ipswich may make and file a notice of intent with the town clerk bearing the name of the elected official sought to be recalled and a statement of the specific grounds for the recall as established under subsection (a), with information sufficient to support the specific grounds for recall, at least 170 days before the next annual town election. Upon certification of the required signatures by the registrar of voters and a determination that the notice of intent contains information sufficient to support the specific grounds for the recall, as confirmed by town counsel, within 5 business days, the clerk shall deliver to the first named voter on the notice of intent, the petition forms, addressed to the select board requesting a recall. The petition forms shall be issued under the signature and official seal of the town clerk. The petition forms shall be dated and shall contain the names of the first 10 registered voters whose names appear on the notice of intent to recall. In addition, the petition shall request the election of a successor to the office. A copy of the petition form shall be entered in a record book to be kept in the office of the town clerk. The recall petition forms shall be returned and filed with the town clerk within 60 days after the receipt of the signed petition forms, or the next business day if the sixtieth day falls on a Saturday, Sunday or legal holiday, with signatures, names and precincts. The town clerk shall, within 3 business days after the petition forms are filed with the office of the town clerk, submit the recall petition forms to the registrar of voters. The registrar shall, within 15 business days after the date of receipt, certify in writing to the town clerk, the number of signatures which are names of registered voters in Ipswich.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(c)
If the recall forms shall be certified by the registrar of voters
to contain at least 1500 signatures of registered voters in Ipswich,
including at least 200 registered voters from each precinct, the petition
shall be filed by the town clerk with the select board within 2 business
days. The select board shall give notice following the next scheduled
select board meeting, in writing, to the elected official whose recall
is sought by sending that elected official a copy of the certified
recall petition. If the elected official to whom the recall is directed
by the select board does not resign the office within 5 business days
from the date of notice, the select board shall order a recall election
to be held on the date of the next town election. If a vacancy occurs
in the office after a recall election has been ordered, the election
shall proceed as provided in this section, but only ballots for the
new candidates shall be counted.
[Amended 1-3-2020 by Acts of 2019, c. 152]
(d)
An elected official whose recall is sought shall not be a candidate
in the recall election. The nomination of candidates, the publication
of the warrant for the recall election and the conduct of the election
shall be in accordance with the state and local laws relative to elections,
unless otherwise provided in this section.
(e)
The incumbent shall continue to perform the duties of the office
until the recall election, unless the elected official resigns. If
the incumbent is not recalled, that person shall remain in office
for the remainder of the incumbent's unexpired term, subject to recall
as before, except as provided by this section. If recalled in the
recall election, the incumbent shall be considered removed upon the
qualification of the successor, who shall hold office during the unexpired
term.
(f)
Ballots used in a recall election shall contain the following propositions in the order indicated: For the recall of (name of elected official) who holds the position of (elected office)Against the recall of (name of official) who holds the position of (elected office) Immediately at the right of each proposition there shall be a designated space for voters to vote for either of the propositions. Under the propositions shall appear the words "Candidates and directions to voters required by section 42 of chapter 54 of the General Laws" and beneath those words, the names of the candidates nominated listed alphabetically as herein provided. If a majority of the votes cast upon the question of the recall is in favor of the recall, the elected official shall be recalled and the ballots for candidates shall be counted. The candidate receiving the highest number of votes shall be declared elected. If the majority of the votes are cast in the negative, the ballots for candidates need not be counted unless the incumbent official has previously resigned or a vacancy occurs in the office after a recall election has been ordered under subsection (c).
(g)
A recall petition shall not be filed against an elected official
within 6 months after the official has taken office, unless the elected
official has been re-elected to another consecutive term in office,
then a recall petition may be filed not sooner than 3 months after
such official takes office on the re-election vote. In the case of
an elected official subjected to a recall election and not recalled,
a recall petition shall not be filed against that official until at
least 6 months after the election at which the recall was submitted
to the voters of the town; provided, however, that an elected official
shall not be subject to a subsequent recall petition for the same
specific grounds that were the basis of any prior recall petition.
(h)
A person who has been recalled from office, or who has resigned from
office after the recall petition has been certified by the registrar
of voters, shall not be appointed to any town office, board or committee
within 2 years after the recall or resignation.
