(a)
Annual and special elections. The Annual Town Election for the election of Town officials and for the consideration of such questions as may be appropriate shall be held in April on a date fixed by bylaw. The Select Board may also call special elections at such times as the Board deems necessary or desirable, in the manner provided by law.
[Amended 10-21-2019 FTM by Art. 3]
(b)
Elective Town offices. The Town offices to be filled by the voters shall be a Select Board, a School Committee, a Board of Assessors, a Planning Board, and a Town Moderator.
[Amended 1-25-2016 STM by Art. 2; 10-21-2019 FTM by Art. 3; 6-7-2022 ATM by Art. 15]
(c)
Other offices filled at Town elections. In addition to the Town offices enumerated above, members of a housing authority and such other officers or representatives to regional authorities or districts as may be established by law or by interlocal agreement may also be filled by ballot at Town elections.
(d)
Eligibility. Unless specifically prohibited by this Charter, any voter shall be eligible to hold any elective Town office; provided, however, no person shall simultaneously hold more than one elected Town office as defined in Section 3-1(b), nor shall any person holding a position as a Norton Town official or Town officer simultaneously serve as an elected member of the Select Board or the Planning Board.
[Amended 10-21-2019 FTM by Art. 3]
(e)
Coordination. Notwithstanding their election by the voters, the Town officers named in this section shall be required to meet with the Select Board and/or Town Manager at the request of same, at any reasonable time, for consultation and discussion on any matter relating to their respective offices.
[Amended 10-21-2019 FTM by Art. 3]
(f)
Filling of vacancies.
[Amended 1-25-2016 STM by Art. 2; 10-21-2019 FTM by Art. 3]
(1)
Multiple-member body. If there is a vacancy in a board consisting of two or more members, other than the Select Board and unless under the terms of a will or other trust some other provision is made, the remaining members shall forthwith give written notice of the existence of any such vacancy to the Select Board. After one week's notice of the date on which the vote shall be taken, the Select Board, with the remaining members or member of such board, shall fill such vacancy by a joint vote. If such notice is not given within 30 days following the date on which said vacancy occurs, the Select Board shall, after one week's notice, fill such vacancy without participation by the remaining members of the multiple-member body.
(2)
Select Board. If there is a failure to elect or if a vacancy occurs in the office of Select Board Member, the remaining Select Board Members may call a special election to fill the vacancy and shall call such special election upon the request in writing of 200 voters.
(g)
Recall of elected officials.
(1)
Who can be recalled. Any holder of an elective Town office, as defined in Section 3-1(b), who has been in office for at least six months and has more than six months remaining of the term for which elected, may be recalled therefrom by the voters as herein provided.
(2)
Recall petition. Any 100 voters may file with the Town Clerk an affidavit bearing the name of the officer sought to be recalled and a statement of the grounds for recall. The Town Clerk shall review the affidavit and provide for certification of the signatures thereon within three business days after the receipt. If the affidavit contains at least the required number of certified signatures, the Town Clerk shall make available to the persons submitting copies of petition blanks demanding such recall, printed forms of which shall be kept available. When issued, the blanks shall contain the signature and Official Seal of the Town Clerk. They shall be dated, shall be addressed to the Select Board and shall contain the names of the 10 persons first named on the said affidavit, as specified by the person submitting the same, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor in the said office. A copy of the petition shall be entered in a record book to be kept in the office of Town Clerk. The recall petition shall be returned and filed with the Town Clerk within 30 days after the filing of the affidavit and shall have been signed by at least 15% of the total number of persons registered to vote in Norton as of the date of the most recent Town election, not more than 50% of which shall be voters in any one precinct into which the Town is divided. In signing such petitions, voters shall add to their signatures the street and number, if any, of their residences.
The Town Clerk shall submit the petition to the Registrars of Voters in the Town by the end of the business day following the day on which the petition was received in the Town Clerk's office. The Registrars shall forthwith, but in no event in more than five business days, certify thereon the number of signatures that are the names of voters. If the petition shall be found and certified by the Registrars of Voters to be sufficient, they shall submit the petition with their certificate to the Select Board by the end of the business day following the one on which the petition was certified.
[Amended 10-21-2019 FTM by Art. 3]
(3)
Select Board's action on receiving petition. Upon receipt of a certified petition from the Registrars of Voters, the Select Board shall meet forthwith, in compliance with the Open Meeting Law, and cause written notice of the receipt of the certificate to be delivered to the officer sought to be recalled or to the address of said officer as shown on the list of registered voters. Should the Select Board fail to take action within 10 business days of its receipt of a certified petition, the Town Clerk shall immediately notify the officer named on the petition in the prescribed manner. If the officer does not resign, in writing, within five days thereafter, the Select Board shall forthwith order an election to be held on a date fixed by it not less than 64 days nor more than 75 days after the date the election is called, provided said date meets all requirements of state election laws. However, if any other Town election is to occur within 100 days after the date the election is called, the Select Board shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.
[Amended 10-21-2019 FTM by Art. 3]
(4)
Nomination of candidates. An officer whose recall is sought may not be a candidate to succeed to the office at the same election at which the question relating to the recall appears on the ballot. The nomination of other candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this section.
(5)
Incumbent holds office until election. The incumbent shall continue to perform the duties of the office until the recall election. If not then recalled, such person shall continue in office for the remainder of the unexpired term, subject to recall as before, except as provided in this section. If recalled, such person shall be deemed removed. The candidate receiving the highest number of votes upon qualification shall serve for the balance of the unexpired term. If the successor fails to be sworn into office within 10 business days after receiving notification of election, the office shall be deemed to be vacant and shall be filled in the manner provided in Section 3-1(f), above.
(6)
Propositions on ballot. Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer) | |
Against the recall of (name of officer) |
The voter may vote for either of the said propositions. Under the proposition shall appear the word "candidates" and beneath this the names of candidates nominated as hereinbefore provided, arranged alphabetically by surname. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question is in the negative, the ballots for candidates need not be counted. |
(7)
Repeat of recall petition. In the case of an officer subjected to a recall election and not recalled thereby, no recall petition may again be filed until at least six months after the election at which the recall was submitted to the voters.