(a)
Elective Offices - The town offices to be filled by ballot of the
whole town shall be a select board, a school committee, a board of
assessors, a board of cemetery commissioners, a board of health, a
board of park commissioners, a planning board, a board of trustees
of the public library, a board of commissioners of trust funds, a
town moderator, a town clerk and a board of sewer commissioners. In
addition, members of a housing authority and such members of regional
authorities or districts as may be established by statute, interlocal
agreement or otherwise shall also be elected at town elections.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(b)
Eligibility - Any voter shall be eligible to hold any elective town
office; but no elected town official shall simultaneously hold any
other elected town office, as defined in subsection 3-1 (a).
(c)
Election - The regular elections for town office shall be held annually
on such date as may from time to time be fixed in the by-laws of the
town.
(d)
Compensation - Elected town officers shall receive such compensation
for their services as may be appropriated annually for such purpose.
(e)
Coordination - Notwithstanding their election by the voters, the
town officers listed in subsection 3-1 (a) shall be subject to the
call of the select board, or of the town manager, at all reasonable
times, for consultation, conference and discussion on any matter relating
to their respective offices.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(f)
Filling of Vacancies
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(1)
Town officer - If there is a failure to elect, or if a vacancy
occurs in the office of town clerk, the select board shall, in writing,
appoint some suitable person to serve until the next town election.
(2)
Multiple member body - If there is a failure to elect, or if a vacancy occurs in the membership of any elected multiple member body, including the school committee, unless the provisions of a will or trust provide for a different method, the remaining members of the multiple member body shall forthwith give notice of such vacancy to the select board and to the public in the manner provided in section 7-10. The select board, with the remaining members of such multiple member body shall, after 1 week's notice of the date on which the vote shall be taken, fill such vacancy, until the next town election, by a joint vote. The votes of a majority of the total number of persons entitled to vote shall be necessary for such election.
(3)
Select board - If there is a failure to elect, or if a vacancy
occurs in the membership of the select board, the remaining members
of the select board may call a special election to fill such vacancy
and shall call such special election upon the written petition of
200 or more voters.
(g)
Recall of Elected Officials
(1)
Who Can be Recalled - Any holder of an elective office, as defined in section 3-1 (a) with more than 180 days remaining of the term for which elected, may be recalled therefrom by the voters as herein provided.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(2)
Recall Petition - Any 100 voters may file with the town clerk
an affidavit containing the name of the officer sought to be recalled
and a statement of the grounds for recall. The town clerk shall thereupon
deliver to said voters making the affidavit 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 and may be completed by printing or by typewriting.
They shall be dated, shall be addressed to the select board and shall
contain the names of all persons to whom they are issued, 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 that
office. A copy of the petition shall be entered in a record book to
be kept in the office of the town clerk. The recall petition shall
be returned and filed with the town clerk within 25 days after the
filing of the affidavit and shall have been signed by at least 20
per cent of the voters who shall add to their signatures the street
and number, if any, of their residence.
The town clerk shall, within 24 hours of receipt, submit the
petition to the registrars of voters in the town, and the registrars
shall forthwith certify thereon the number of signatures, which are
names of voters.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(3)
Select Board's Action on Receiving Petition - 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 without delay, and the select board shall forthwith give written
notice of the receipt of the certificate to the officer sought to
be recalled and shall, if the officer does not resign within 5 days
thereafter, order an election to be held on a date fixed by them not
more than 60 days after the date of the registrars' certificate that
a sufficient petition be filed; provided, however, that if any other
town election is to occur within 90 days after the date of the certificate,
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 8-20-2020 by Ch. 167, Acts of 2020]
(4)
Nomination of Candidates - An officer whose recall is sought
may not be a candidate to succeed to the office if the vote on the
recall is in the affirmative. The nomination of other candidates,
the publication of the warrant for the recall election and the conduct
of the election 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 then recalled in the recall election
such person shall be deemed removed upon the qualification of the
candidate receiving the highest number of votes at the recall election
who shall serve for the balance of the then unexpired term. If the
successor fails to qualify within 5 days after receiving notification
of election, the incumbent shall thereupon be deemed removed and the
office vacant.
(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)
Immediately at the right of each proposition there shall be
a square in which the voter, by making a cross mark (X), may vote
for either of those propositions. Under the proposition shall appear
the word "candidates", the directions to voters required by section
42 of chapter 54 of the General Laws, and beneath this the names of
candidates nominated as hereinbefore provided. If two-thirds of the
votes cast upon the question of recall are in the affirmative, the
candidate receiving the highest number of votes shall be declared
elected. If a majority of votes on the question are in the negative,
the ballots for candidates need not be counted.
(7)
Repeat of Recall Petition - No recall petition shall be filed
against an officer within 90 days after taking office, nor, in the
case of an officer subjected to a recall election and not recalled
thereby, until at least 90 days after the election at which the recall
was submitted to the voters.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(8)
Appointment of Person Recalled - No person who has been recalled
from an office, or who has resigned from office while recall proceedings
were pending against them, shall be appointed to any town office within
2 years after such recall or such resignation.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(a)
Composition, Term of Office - There shall be a select board consisting
of 5 members elected for terms of 3 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 elected
multiple member bodies, to develop and promulgate policy guidelines
designed to coordinate the operation of all town agencies; provided,
however, that nothing in this section shall be construed to authorize
any member of the select board, nor 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 that 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 impose restrictions
on any such license 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 appoint a town accountant,
constables, the town counsel, the members of the board of appeals,
the conservation commission, the historical commission, the personnel
board, the registrars of voters and other election officers, the members
of the council on aging as provided by by-law, and the members of
other multiple member bodies the functions of which do not involve
direct operating responsibilities, but, which are, primarily, policymaking
or advisory in nature. Unless some other provision is expressly made
by law, the select board shall also appoint other individuals who
are to serve as representatives of the town to the governing or advisory
bodies of area, regional or district authorities.
The appointment of a town treasurer, town collector, director
of municipal finance, police chief, fire chief, director of the department
of public works, council on aging director, animal control officer,
building commissioner, inspector of wires and plumbing inspector by
the town manager shall become effective on the fifteenth day following
the day on which notice of the appointment is filed with the select
board, unless the select board shall, within that period, by a majority
vote of all its members, reject such appointment, or has sooner voted
to ratify it.
(e)
Investigations - The select board may make investigations and may
authorize the town manager to 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 and a report summarizing
the results of such investigation shall be printed in the next annual
town report.
(a)
Composition, Term of Office - There shall be a school committee consisting
of 5 members elected for terms of 3 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 - The school committee shall have all powers which
are conferred on school committees by general laws and such additional
powers and duties as may be provided by the charter, by-law or otherwise
and consistent with said grant of powers conferred by general laws.
The powers and duties of the school committee shall include the following:
(1)
To appoint a superintendent of the schools who shall be charged
with the day-to-day administration of the school system, subject only
to policy guidelines and directives adopted by the school committee;
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(2)
To make all reasonable rules and regulations for the management
of the public school system and for conducting the business of the
school committee as the committee deems necessary or desirable; and
(3)
To adopt and administer an annual operating budget for the school
department, subject to appropriation by the town meeting. The school
committee shall have general charge and superintendence of all school
buildings and grounds and shall furnish all school buildings with
proper fixtures, furniture and equipment. The school committee shall
provide ordinary maintenance of all school buildings and grounds;
provided, however, that the town meeting may, by by-law, provide for
the establishment of a central municipal maintenance department which
may include maintenance of school buildings and grounds. Whenever
the school committee shall determine that additional classrooms are
necessary to meet the educational needs of the community, at least
1 member of the school committee, or a designee of the school committee,
shall serve on the agency, board or committee to which the planning
or construction of such new, remodeled or renovated school building
is delegated.
(a)
Composition, Term of Office - There shall be a board of assessors
consisting of 3 members elected for terms of 3 years each, so arranged
that the term of office of 1 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 annually determine the rate
of taxation to apply against property in the town 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. The board
of assessors shall have such other powers and duties which are given
to boards of assessors by general law, this charter, town by-law or
other vote of the town meeting.
(c)
Appointments - The appointment of a principal assessor by the town
manager shall become effective on the fifteenth day following the
day on which notice of the appointment is filed with the board of
assessors, unless the board of assessors shall, within that period,
by a majority vote of all its members, reject such appointment, or
has sooner voted to affirm it.
(a)
Composition, Term of Office - There shall be a board of cemetery
commissioners consisting of 3 members elected for terms of 3 years
each, so arranged that the term of office of 1 member shall expire
each year.
(b)
Powers and Duties - The board of cemetery commissioners shall have
the sole responsibility to make regulations governing the care, superintendence
and management of all public burial grounds in Lunenburg and to lay
out existing public burial grounds and may lot out in lots or other
suitable subdivision with proper paths, lanes and ways appropriate
for burial use any other land acquired by the town for burial purposes.
The day-to-day care and maintenance of the cemeteries shall be under
the supervision of the town manager.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(a)
Composition, Term of Office - There shall be a board of health consisting
of 5 members elected for terms of 3 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 board of health shall be responsible for
the formulation and enforcement of local rules and regulations affecting
the environment and the public health and for the enforcement within
the town of all state statutes and the provisions of the code of Massachusetts
regulations affecting the public health. The board of health shall
have all of the other powers, duties and responsibilities given to
boards of health by general laws.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(a)
Composition, Term of Office - There shall be a board of trustees
of the public library consisting of 7 members, elected for terms of
3 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 board of trustees shall act as an agent of
the public trust governing the library. The library shall create the
general operating and administrative policies relating to budget,
personnel and contracts as is specified by state law and local ordinances.
All funds raised or appropriated by the town for the support and maintenance
of the library shall be expended under the direction of the board.
All funds that the town may receive by gift, bequest or otherwise
for library purposes shall be administered under the direction of
the board in accordance with the terms of such gift, bequest or otherwise.
The board shall hire and manage the library director. The responsibilities
and governance of the board shall cover the following specific areas:
(i) legal; (ii) policy making; (iii) financial governance; and (iv)
strategic planning.
The board shall, in all matters of general municipal policy
and procedure, be subject to policy directives designed to achieve
uniformity and better administrative control as may from time to time
be established by the town manager.
The library director shall exercise professional judgment under
the direction and review of the board to implement the strategic objectives
and policies set by the board. The library director shall be responsible
for the day-to-day administration of the library, including management
of personnel, collection development, budget, physical plant and programmatic
functions, subject to policy directives established by the board.
The library director shall work in conjunction with the board on strategic
planning and library policies. The library director shall prepare
an annual budget for approval by the board. The library director shall
hire library employees, fix their salaries, define their duties, make
rules concerning their tenure of office and discharge them in accordance
with and within the limits established by the town personnel by-laws,
policies, procedures and practices and any applicable collective bargaining
agreement, in accordance with municipal policies.
The board shall make all reasonable rules and regulations for
the operation and management of the library system and for the conduct
of its own business and affairs as may be deemed necessary.
The board shall have all of the other powers and duties that
are given to library trustees by general law, this charter, by-law
or other vote of the town meeting.
(a)
Term of Office - At each town election at which the term of office
expires, or when a vacancy exists, a town moderator shall be elected
for a term of 3 years.
(b)
Powers and Duties - The town moderator shall be the presiding officer
of the town meeting, shall regulate its proceedings, decide all questions
of order and shall have such other powers and duties as may be provided
for that office by general law, this charter, by-law and other vote
of the town meeting.
(a)
Composition, Term of Office - There shall be a board of park commissioners
consisting of 5 members who shall be elected for terms of 3 years
each, so arranged that the term of office of as nearly an equal number
of members as is possible shall expire each year.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(b)
Powers and Duties - The board of park commissioners may lay out and
improve public parks, make rules for their use and government, appoint
all necessary engineers, surveyors, clerks and other officers, including
a police force to act in such parks. The board of park commissioners
may define the powers and duties of that police force, fix the compensation
of its members and do all acts necessary for the proper execution
of its powers and duties. Subject to appropriation, the park commissioners
may conduct park programs and recreation activities at locations other
than the public parks. The day-to-day care and maintenance of the
public parks shall be under the supervision of the town manager.
(a)
Composition, Term of Office - There shall be a planning board consisting
of 5 members who shall be elected for terms of 5 years each, so arranged
that the term of 1 member 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 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
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 by-laws of
the town.
(c)
Appointments - The appointment of the planning director by the town
manager shall become effective on the fifteenth day following the
day on which notice of the appointment is filed with the planning
board, unless the planning board shall, within that period, by a majority
vote of all of its members, reject such appointment, or has sooner
voted to ratify it. The town manager shall be responsible for supervision,
evaluation, and all personnel actions relating to this position. 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,
this charter, by-law or other vote of the town meeting.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(a)
Composition, Term of Office - There shall be a board of commissioners
of trust funds consisting of 3 members who shall be elected for terms
of 3 years each, so arranged that the term of 1 member shall expire
each year.
(b)
Powers and Duties - The board of commissioners of trust funds shall
have the management of all trust funds given or bequeathed for the
benefit of the town or the inhabitants thereof, unless the donor,
in making the gift or bequest, shall make some other provision for
the management of the fund.
The board of commissioners of trust funds shall, consistent
with the terms of the trusts, manage and control said trusts, and
distribute the income in accordance with the terms of the respective
trusts. The board of commissioners of trust funds shall keep a record
of its doings and, at the close of each financial year, make a written
report to town meeting showing the total amount of the funds, their
investments, receipts and disbursements.
(a)
Term of Office - There shall be a town clerk elected for a term of
3 years.
(b)
Powers and Duties - The town clerk shall be the keeper of vital statistics
for the town; shall be the custodian of the town seal; shall administer
the oath of office to all persons, elected or appointed to any town
office; shall issue such licenses and permits as are required by law
to be issued by town clerks; shall supervise and manage the conduct
of all elections and all other matters relating to elections; shall
be the clerk of the town meeting, keep its records and, in the absence
of the town moderator or deputy town moderator, preside over town
meeting pending the election of a temporary town moderator. The town
clerk shall have such other powers and duties as are given to town
clerks by general law, this charter, by-law or other vote of the town
meeting.
(a)
Composition, Term of Office - There shall be a housing authority
consisting of 5 members, 4 of whom shall be elected by the voters
and 1 of whom shall be appointed in the manner provided by general
law. All of the members shall serve for 5-year terms, so arranged
that the term of office of 1 member shall expire each year.
(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 given to housing authorities by general laws.
(a)
Composition, Term of Office - There shall be a board of sewer commissioners
consisting of 5 members who shall be elected to terms of 3 years each,
so arranged that the terms of as nearly an equal number of members
as possible shall expire each year.
(b)
Powers and Duties - The board of sewer commissioners shall make careful
studies of the resources, possibilities and needs of the town as they
relate to the availability of sanitary sewers and shall make plans
for the installation of a system of sanitary sewers and for the maintenance
of a sanitary sewer system. The board of sewer commissioners shall
develop a comprehensive or master plan for a town-wide system of sanitary
sewers, setting forth, in graphic and textual form, policies to govern
the future growth and development of the entire town. The board of
sewer commissioners shall, in conjunction with other land use bodies,
assist in developing a long-range strategic plan for guiding town
growth and development. The powers and authority of the board of sewer
commissioners shall include oversight of the sewer enterprise fund,
setting rates and charges for the use of the sanitary sewer system,
ratification responsibility for the sewer business manager and providing
advice to the board of selectmen relating to intergovernmental agreements
concerning sanitary sewers. The day-to-day operation, care and maintenance
of the sanitary sewers shall be under the supervision of the town
manager.
(c)
Appointments - The appointment of a sewer business manager by the
town manager shall become effective on the fifteenth day following
the day on which notice of the appointment is filed with the board
of sewer commissioners, unless the board of sewer commissioners shall,
within that period and by a majority vote of all of its members, reject
such appointment or has sooner voted to ratify it. The town manager
shall be responsible for supervision, evaluation and all personnel
actions relating to this position.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
