The inhabitants of the town of Braintree, within the territorial
limits established by law, shall continue to be a municipal corporation,
a body corporate and politic, under the name "Town of Braintree."
This instrument shall be known and may be cited as the Braintree
Charter ("Charter").
The administration of the fiscal, prudential and municipal affairs
of Braintree, with the government thereof, shall be vested in an executive/administrative
branch headed by a mayor and a legislative branch to consist of a
town council. The legislative branch shall never exercise any executive/administrative
power, and the executive/administrative branch shall never exercise
any legislative power.
Subject only to express limitations on the exercise of any power
or function by a municipal government in the constitution or general
laws of the commonwealth, it is the intention and the purpose of the
voters of Braintree through the adoption of this charter to secure
for themselves and their government all of the powers it is possible
to secure as fully and as completely as though each such power were
specifically and individually enumerated in this act.
The powers of the town of Braintree under this charter are to be construed liberally in favor of the town, and the specific mention of any particular power is not intended to limit the general powers of the town as stated in section 1-4.
Subject only to express limitations in the constitution or general
laws of the commonwealth, Braintree may exercise any of its powers
or perform any of its functions, and may participate in their financing,
jointly or in cooperation, by contract or otherwise, with the commonwealth
or any agency or political subdivision of the commonwealth, or with
the United States government or any of its agencies.
Unless another meaning is apparent from the manner in which
the word or phrase is used, the following words and phrases as used
in this charter shall have the following meanings:
(a)
"Charter," this charter and any adopted amendments to it.
(b)
"Emergency," a sudden, unexpected, unforeseen happening, occurrence
or condition which necessitates immediate action or response.
(c)
"Full council, full multiple-member body," the entire authorized
complement of the town council, school committee or other multiple-member
body notwithstanding any vacancy which might exist.
(d)
"general laws," laws enacted by the state legislature which apply
alike to all cities and towns, to all cities, or to a class of 2 or
more cities and towns of which Braintree is a member.
(e)
"General Laws", the General Laws of the commonwealth of Massachusetts,
a codification and revision of statutes enacted on December 22, 1920,
and including all amendments thereto subsequently adopted.
(f)
"Initiative measure," a measure proposed by the voters through the
initiative process provided under this charter.
(g)
"Local newspaper," a newspaper of general circulation within Braintree,
with either a weekly or daily circulation.
(h)
"Majority vote," when used in connection with a meeting of a multiple-member
body shall mean a majority of those present and voting, unless another
provision is made by ordinance, by law, or by its own rules.
(i)
"Measure," any ordinance, order, resolution, or other vote or proceeding
adopted, or which might be adopted by the town council or the school
committee.
(j)
"Multiple-member body," any board, commission, committee, sub-committee
or other body consisting of 2 or more persons whether elected, appointed
or otherwise constituted, but not including the town council or the
school committee.
(k)
"Organization or reorganization plan," a plan submitted by the mayor
to the town council which proposes a change in the organization of
the administrative structure of the town government, or a change in
the way in which a municipal service, or services are delivered.
(l)
"Quorum," a majority of all members of a multiple-member body unless
some other number is required by law or by ordinance.
(m)
"Referendum measure," a measure adopted by the town council or the
school committee that is protested under the referendum procedures
of this charter.
(n)
"Town," the town of Braintree.
(o)
"Town agency," any multiple-member body, any department, division
or office of the town of Braintree.
(p)
"Town bulletin boards," the bulletin board in the town hall on which
the town clerk posts official notices of meetings and upon which other
official town notices are posted, and the bulletin boards at any other
locations that may be designated town bulletin boards by the town
council.
(q)
"Town officer," when used without further qualification or description,
a person having charge of an office, or department as defined in section
5, who in the exercise of the powers or duties of that position exercises
some portion of the sovereign power of the town.
(r)
"Voters," registered voters of the town of Braintree.
