This charter may be replaced, revised or amended under any procedure
made available under the Massachusetts constitution or by statute.
The provisions of this charter are severable. If any provision
of this charter is held invalid the other provisions 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 the 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
provision shall prevail.
A copy of all rules and regulations adopted by any town agency
shall be placed on file in the office of the town clerk and shall
be available for review by any person who requests such information
at any reasonable time. No rule or regulation adopted by any town
agency shall become effective until 5 days after the date it is so
filed.
Not later than the first day of July, at 5-year intervals, in
each year ending in a 5 or in a zero, the mayor and town council shall
provide for a review to be made of the ordinances of the town for
the purpose of preparing a proposed revision or recodification of
them, without substantive change. This review shall be made by a special
committee to consist of 9 members, 4 of these members shall be appointed
by the town council president and 5 of the members shall be appointed
by the mayor. At least 2 of the persons appointed by the town council
president shall be members of the town council and the remaining members
shall be voters of the town. The special committee shall file its
report with the clerk of the council, not later than the first day
of May in the year following the year in which the committee is appointed.
The recommendations of the special committee shall appear on the town
council agenda for action before the fifteenth day of June in that
year and, if not so scheduled by the clerk of the council, the matter
shall come before the town council for action at its next meeting
held following the said fifteenth day of June, and no other business
shall be in order until the report has been acted upon, by roll call
vote.
The review of town ordinances shall be under the supervision
of the town solicitor. A revision, recodification or republication
of the ordinances shall be made at 5-year intervals. Copies of the
revision, recodification or republication shall be made available
to the public at a cost not to exceed the actual cost of such reproduction.
In each year between such reenactments, an annual supplement shall
be published which shall contain all ordinances and amendments to
ordinances adopted in the preceding year.
Not later than the first day of July, at 10-year intervals,
in each year ending in a 9, the mayor and town council shall provide
for a review to be made of the charter. This review shall be made
by a special committee to consist of 9 members, 4 of these members
shall be appointed by the town council president and 5 of the members
shall be appointed by the mayor. At least 2 of the persons appointed
by the town council president shall be members of the town council,
and the remaining members shall be voters of the town. The special
committee shall file its report with the clerk of the council, not
later than the first day of May in the year following the year in
which the committee is appointed. The recommendations of the special
committee shall appear on the town council agenda for action before
the fifteenth day of June in that year and, if not so scheduled by
the clerk of the council, the matter shall come before the town council
for action at its next meeting held after the said fifteenth day of
June, and no other business shall be in order until the report has
been acted upon, by roll call vote.
(a)
Meetings — All multiple-member bodies of the town, whether
elected, appointed or otherwise constituted, shall meet regularly
at such times and places as they may, by their own rules prescribe,
unless some other provision is made by ordinance or by law. Special
meetings of any multiple-member body shall be held on the call of
the chairman or by one-third of the members thereof by written notice
delivered in hand or to the place of residence of each member at least
48 hours in advance of the time set, which shall contain notice of
the subjects to be acted upon. A copy of the notice shall also be
posted on the town bulletin board. Except as may otherwise be authorized
by law, all meetings of all multiple-member bodies shall at all times
be open to the public and the media.
(b)
Rules — Each multiple-member body shall determine its own rules
and order of business unless another provision is made by ordinance
or by law, and shall provide for keeping of the minutes of its proceedings.
These rules shall be a public record and copies shall be placed on
file in the office of the town clerk and in the Thayer Public Library.
(c)
Voting — If requested by any member, any vote of any multiple-member
body shall be taken by a call of the roll and the vote of each member
shall be recorded in the meeting minutes, but if the vote is unanimous,
only that fact need be recorded.
(d)
Quorum — A majority of the members of a multiple-member body
shall constitute a quorum, but a smaller number may meet and adjourn
from time to time. Unless some other provision is made by law, by
ordinance or by the multiple-member body's own rules while a quorum
is present, except on procedural matters, a majority of the full membership
of the body shall be required to adopt any vote representing an exercise
of the powers of the multiple-member body.
Words importing the singular number may extend and be applied
to several persons or things; words importing the plural number may
include the singular; and words importing the masculine gender shall
include the feminine gender.
All references to General Laws contained in the charter refer
to the General Laws of the commonwealth of Massachusetts and are intended
to refer to and to include any amendments or revisions to those chapters
or sections or to the corresponding chapters and sections of any rearrangement,
revision or recodification of such statutes enacted or adopted subsequent
to the adoption of this charter.
In computing time under this charter, the day of the act or
event after which the designated period of time begins to run shall
not be included. The last day of the period shall be included, unless
it is a Saturday, Sunday or legal holiday, in which event the period
shall be extended to the next day which is not a Saturday, Sunday
or legal holiday. When the period of time designated is less than
7 days, intermediate Saturdays, Sundays and legal holidays shall not
be included; when the period is 7 days or more, every day shall be
counted.
Elected officials shall, on the first business day in January
of each even-numbered year, meet and be sworn to the faithful discharge
of their duties. The oath may be administered to the mayor by the
town clerk, or by a judge of a court of record, or by a justice of
the peace. The oath may be administered to other elected officials
by the mayor, after the mayor has been duly sworn, or by any of the
above-named officials. A certificate that said oath or oaths have
been taken shall be entered in the meeting minutes of the town council.
In case of the absence of an elected official on the day the
oath of office is administered, the oath may at any time thereafter
be administered to that person. A certificate of each oath subsequently
taken shall be entered in the meeting minutes of the town council.
After the oath has been administered to the councilors present, they shall organize by electing from among their number a person to serve as the president and a person to serve as the vice-president, as provided in section 2-2. If the town clerk is unable to preside during this election, the town council member senior in years of service on the town council shall preside during the election. If 2 or more members are equally senior in years of service on the town council, the member senior both in years of service and age shall preside. The president and vice-president shall be sworn by the town clerk, or, in the case of the absence of the town clerk, by any person qualified to take oaths or affirmations.
After the oath has been administered to the school committee members present, they shall organize by electing from among their number a person to serve as the chair and a person to serve as the vice-chair, as provided in section 4-2. If the town clerk is unable to preside during this election, the member senior in years of service on the school committee shall preside during the election. If 2 or more members are equally senior in years of service on the school committee, the member senior both in years of service and age shall preside. The chair and the vice-chair shall be sworn by the town clerk, or, in the case of the absence of the town clerk, by any person qualified to take oaths or affirmations.
Every person who is elected, including those elected by the
town council, or appointed to an office of the town shall receive
a certificate of such election or appointment from the town clerk.
Except as otherwise provided by law, every person who is elected,
including those elected by the town council, or appointed to an office
of the town, before performing any act under such appointment or election,
shall take and subscribe to an oath to qualify to enter upon the duties
of the office. A record of this oath shall be kept by the town clerk.
No person shall simultaneously hold more than 1 full-time town
office or position of employment. Any hours worked in any part-time
position shall not be the same or otherwise conflict with the hours
worked in a full-time position.
It shall be the duty of the mayor to see that the provisions
of the charter are faithfully followed and complied with by all town
agencies and town employees.
Whenever it appears to the mayor that any town agency or town
employee is failing to follow any provision of this charter, the mayor
shall, in writing, cause notice to be given to that agency or employee
directing compliance with the charter. If it shall appear to the town
council that the mayor personally is not following the provisions
of the charter, it shall, by resolution, direct the attention of the
mayor to those areas in which it believes that there is a failure
to comply with charter provisions. The procedures made available in
chapter 231A of the General Laws may be used to determine the rights,
duties, status or other legal relations arising under this charter,
including any question of construction or validity which may be involved
in such determination.
An annual report which contains a general summary of the activities
of all town agencies shall be published within 90 days after the close
of each fiscal year. The annual report shall contain reports by the
mayor, the town council, the director of municipal finance, the treasurer,
the school committee and such other town agencies as may be required
by ordinance to provide reports. The annual report shall be made available
for inspection at the office of the town clerk, at the Thayer Public
Library, and on the official town website.
Whenever a vacancy occurs, or is about to occur, in any town
office or town employment, except for positions covered by the civil
service law, the appointing authority shall immediately cause public
notice of the vacancy, or impending vacancy, to be posted on the town
bulletin board for a period of not less than 14 days. Any person who
desires to be considered for appointment to the office or employment
may file with the appointing authority a statement in clear and specific
terms setting forth the person's qualifications for the position.
No permanent appointment to fill a vacancy in an office or employment
shall be effective until at least 14 days have elapsed following the
posting, and until all persons who have filed statements in application
have been considered.
