(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.
[Amended 10-21-2019 FTM by Art. 3]
(a)
Composition, term of office. There shall be a Select Board consisting
of five members elected for terms of three years each, so arranged
that the term of office of as nearly an equal number of members as
is possible shall expire each year.
(b)
Powers and duties in general. The executive powers of the Town shall
be vested in the Select Board which shall be deemed to be the chief
executive office of the Town. The Select Board shall have all of the
executive powers it is possible for a select board to have and to
exercise. The Select Board shall serve as the chief policy-making
agency of the Town. The Select Board shall be responsible for the
formulation and promulgation of policy directives and guidelines to
be followed by all Town agencies serving under it and, in conjunction
with other elected Town officers and multiple-member bodies, to develop
and promulgate policy guidelines designed to bring all Town agencies
into harmony; provided, however, nothing in this section shall be
construed to authorize any member of the Select Board, or a majority
of such members, to become involved in the day-to-day administration
of any Town agency. It is the intention of this provision that the
Select Board shall act only through the adoption of broad policy guidelines
which are to be implemented by officers and employees serving under
it.
(c)
Licensing authority. The Select Board shall be a licensing board
for the Town and shall have the power to issue licenses as otherwise
authorized by law, to make all necessary rules and regulations regarding
the issuance of such licenses, to attach conditions and to impose
restrictions on any such license as it may issue as it deems to be
in the public interest, and to enforce all laws relating to all businesses
for which it issues any license.
(d)
Appointments. The Select Board shall have appointment authority for:
[Amended 10-21-2019 FTM by Art. 4; 6-7-2022 ATM by Art. 15]
|
a Town Manager
| |
|
a Town Counsel
| |
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a Town Accountant
| |
|
a Board of Health
| |
|
a Conservation Commission
| |
|
a Board of Registrars of Voters and other election officers
| |
|
a Zoning Board of Appeals
| |
|
a Council on Aging
| |
|
an Economic Development Commission
| |
|
a Commission on Disability
| |
|
a Cable Television Committee
| |
|
Constables
| |
|
an Emergency Response Coordinator
| |
|
a Regional Emergency Planning Committee
| |
|
a Cultural Council
| |
|
an Historic District Commission
| |
|
a Norton Historical Commission
| |
|
a Cemetery Commission
| |
|
a Solid Waste Advisory Committee
| |
|
a Parks and Recreation Committee
| |
|
a Water and Sewer Commission
|
|
The Select Board shall also appoint, unless otherwise specified
in this Charter, members of multiple-member bodies the functions of
which do not involve direct operating responsibilities but are primarily
policy-making or advisory in nature, and other individuals who are
to serve as representatives of the Town to the governing or advisory
bodies of area, regional or district authorities.
|
(e)
Investigations. The Select Board may investigate the affairs of the
Town and the conduct of any Town agency, including any doubtful claims
against the Town. The report of the results of such investigation
shall be placed on file in the office of the Select Board. A summary
of such report, which summary shall include only matters that would
otherwise be considered subject to mandatory disclosure under the
Public Records Law, shall be placed on file in the office of the Town
Clerk.
(a)
Composition, term of office. There shall be a School Committee consisting
of five members elected for terms of three years each, so arranged
that the terms of as nearly an equal number of members as is possible
shall expire each year.
(b)
Powers and duties. The School
Committee shall have all of the powers and duties which are given
to school committees by general laws and it shall have such additional
powers and duties as may be authorized by the Charter, by bylaw, or
by other Town Meeting vote. The powers of the School Committee shall
include, but are not intended to be limited to, the following:
(i)
To select, appoint and terminate a Superintendent of Schools;
(ii)
To make all reasonable rules and regulations consistent with
law for the administration and management of the public school system
and for the conduct of its own business and affairs;
(iii)
To review and approve budgets for the public education with
the school district;
(iv)
To negotiate all contracts involving employees of the School
Department.
(a)
Composition, term of office. There shall be a Board of Assessors
consisting of three members elected for terms of three years each,
so arranged that the term of office of one member shall expire each
year.
(b)
Powers and duties. The Board of Assessors shall annually make a fair
cash valuation of all the estate, real and personal, subject to taxation
within the Town. It shall determine, based on such valuations and
such sums as may be authorized to be expended by Town Meeting and
consideration of other income and expenses of the Town, annually,
the rate of taxation to apply against property in the Town. The Board
of Assessors shall have such other powers and duties which are given
to boards of assessors by general law, by this Charter, by Town bylaw
or by other vote of the Town Meeting.
(a)
Term of office. There shall be a Town Moderator elected for a term
of three years.
(b)
Powers and duties. The Town Moderator shall be the presiding officer of the Town Meeting, as provided in Section 2-2, regulate its proceedings and perform such other duties as may be provided by general law, by Charter, by bylaw or by other Town Meeting vote.
The Moderator shall appoint the Finance Committee, all other
standing committees of the Town Meeting, and all committees authorized
by the Town Meeting for a primarily legislative purpose.
(a)
Composition, term of office. There shall be a Planning Board consisting
of seven members who shall be elected for terms of three years each,
so arranged that the terms of as nearly an equal number of members
as is possible shall expire each year.
(b)
Powers and duties. The Planning Board shall make careful studies
of the resources, possibilities and needs of the Town and shall make
plans for the development of the Town. The Planning Board shall make
a comprehensive or master plan, setting forth in graphic and textual
form policies to govern the future growth and development of the entire
Town. The Planning Board shall have the power to regulate the subdivision
of land within the Town by the adoption of rules and regulations governing
such development and the administration of such rules and regulations.
The Planning Board shall make recommendations to the Town Meeting
on all matters affecting land use and development, including the Zoning
Bylaw of the Town.[1]
The Planning Board shall make an annual report, giving information
regarding the condition of the Town and any plans or proposals for
its development and estimates of their costs. The Planning Board shall
have all of the other powers and duties planning boards are given
by general law, by this Charter, by bylaw or by other vote of the
Town Meeting.
(a)
Composition, term of office. There shall be a Housing Authority which
shall consist of five members serving for terms of five years each,
so arranged that the term of one member shall expire each year. Four
of these members shall be elected by the voters and the fifth member
shall be appointed by the Secretary of the Department of Housing and
Community Development of the Commonwealth (or as may otherwise be
provided by law).
(b)
Powers and duties. The Housing Authority shall make studies of the
housing needs of the community and shall provide programs to make
available housing for families of low income and for elderly persons
of low income. The Housing Authority shall have such other powers
and duties as are assigned to housing authorities by general law.
