All general laws, special laws, town by-laws, town meeting votes,
and rules and regulations of or pertaining to Weymouth that are in
force when this charter takes effect, and not specifically or by implication
repealed hereby, shall continue in full force and effect until amended
or repealed, or rescinded by due course of law, or until they expire
by their own limitation.
In any case in which the provisions of this charter are found
to be inconsistent with the provisions of any general or special law
which would otherwise be applicable, the provisions of this charter
shall be deemed to prevail. Every inconsistency between the prior
law and this charter shall be decided in favor of this charter.
All town agencies shall continue to perform their duties until
re-elected, re-appointed, or until successors to their respective
positions are duly appointed or elected, or until their duties have
been transferred and assumed by another town agency.
All records, property and equipment whatsoever of any town agency,
or part thereof, the powers and duties of which are assigned in whole
or in part to another town agency, shall be transferred forthwith
to such agency.
All official bonds, recognizances, obligations, contracts, and
other instruments entered into or executed by or to the town before
the adoption of this charter, and all taxes, assessments, fines, penalties,
forfeitures, incurred or imposed, due or owing to the town, shall
be enforced and collected, and all writs, prosecutions, actions and
causes of action, except as herein otherwise provided, shall continue
without abatement and remain unaffected by the charter; and no legal
act done by or in favor of the town shall be rendered invalid by reason
of the adoption of this charter.
(a)
Certain Special Laws Recognized and Retained - The following special acts are hereby especially recognized
and retained:
An act passed by the legislature of the Colony of Massachusetts
Bay on September 2, 1635 (old style calendar), establishing the name
of the town: The name of Wessaguscus is changed and hereafter
to be called Waymothe.
| ||
An act passed by the legislature of the Colony of Massachusetts
Bay on September 3, 1635 (old style calendar), establishing the bounds
between Weymouth and Hingham.
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An act passed by the legislature of the Colony of Massachusetts
Bay on March 9, 1637 by which "Round Island" and "Grape Island" were
granted to Weymouth.
| ||
1847, Chapter 138
|
AN ACT TO ESTABLISH THE BOUNDARY LINE BETWEEN WEYMOUTH AND ABINGTON
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1929, Chapter 132
|
AN ACT TO REGULATE THE REFINING OF OIL IN THE TOWN OF WEYMOUTH
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1933, Chapter 106
|
AN ACT PLACING THE OFFICE OF CHIEF OF THE FIRE DEPARTMENT OF
THE TOWN OF WEYMOUTH UNDER THE CIVIL SERVICE LAWS
| |
1937, Chapter 70
|
AN ACT RELATIVE TO THE RETIREMENT OF PERMANENT MEMBERS OF THE
POLICE DEPARTMENT OF THE TOWN OF WEYMOUTH AND VALIDATING CERTAIN ACTION
TAKEN BY SAID TOWN AND ITS OFFICIALS IN RELATION THERETO
| |
1972, Chapter 583
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO DEVELOP ALL GROUND
WATER AND SURFACE WATER SOURCES WITHIN THE BOUNDARIES OF SAID TOWN
| |
1992, Chapter 6
|
AN ACT ESTABLISHING A FUNDING SCHEDULE FOR THE RETIREMENT SYSTEM
OF THE TOWN OF WEYMOUTH
|
(b)
Certain Special Laws Recognized and Retained, in part
- The following special acts which were enacted for
the purpose of enabling and authorizing the town to exercise certain
powers or functions, which prior to the enactment of article eighty-nine
of the amendments to the state constitution may not otherwise have
been available to the town, are hereby recognized, so much of these
acts which might grant a power to the town which it otherwise might
not have are hereby retained, but all such powers shall be exercised
in a manner consistent with the charter:
1826, Chapter
|
AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT FOR REGULATING
AND DISPOSING OF THE FISH CALLED ALEWIVES, WITHIN THE LIMITS OF THE
TOWN OF WEYMOUTH, AND FOR THE MORE EFFECTUALLY SECURING TO THE SAID
TOWN THE ADVANTAGES THEREOF"
| |
1881, Chapter 174
|
AN ACT TO SUPPLY THE TOWN OF WEYMOUTH WITH PURE WATER
| |
1883, Chapter 160
|
AN ACT TO INCORPORATE THE EAST WEYMOUTH WATER COMPANY
| |
1934, Chapter 47
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO CONSTRUCT AND OPERATE
A SYSTEM OF SEWERS
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1941, Chapter 358
|
AN ACT ESTABLISHING IN THE TOWN OF WEYMOUTH A MUNICIPAL BUILDING
INSURANCE FUND COMMISSION AND FIXING ITS DUTIES
| |
1945, Chapter 94
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO CONSTRUCT AND OPERATE
A SYSTEM OF SEWERS
|
(c)
Certain Obsolete Borrowing Authorizations, Repealed
- The following special acts which authorized the
town to borrow certain sums of money, for certain purposes, are hereby
recognized as obsolete and are to stand repealed:
1887, Chapter 408
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO MAKE AN ADDITIONAL
WATER LOAN
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1889, Chapter 220
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO MAKE AN ADDITIONAL
WATER LOAN
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1891, Chapter 198
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO MAKE AN ADDITIONAL
WATER LOAN
| |
1893, Chapter 222
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO MAKE AN ADDITIONAL
WATER LOAN
| |
1913, Chapter 276
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO MAKE AN ADDITIONAL
WATER LOAN
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1914, Chapter 353
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO REFUND PART OF ITS
WATER LOAN
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1958, Chapter 481
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO APPROPRIATE OR BORROW
A SUM OF MONEY FOR THE PURPOSE OF DRAINAGE AND STREAM IMPROVEMENT
FROM WEYMOUTH BACK RIVER TO WHITMAN'S POND
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1960, Chapter 412
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO BORROW AN ADDITIONAL
AMOUNT FOR SEWERAGE PURPOSES
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1966, Chapter 363
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO BORROW MONEY FOR
ENLARGING, ALTERING AND IMPROVING ITS WATER FILTRATION PLANT, PUMPING
STATION, AND INTAKE AT GREAT POND, AND FOR RELATED FACILITIES
| |
1980, Chapter 359
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO BORROW MONEY FOR
CERTAIN STREET RECONSTRUCTION IN SAID TOWN
|
(d)
Certain Other Obsolete Special Laws Repealed - The following special laws which were enacted for special
purposes and were limited in time by their own provisions are hereby
recognized as obsolete and are to stand repealed, but all acts taken
under the authority of the said special laws is hereby preserved:
1846, Chapter 92
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO TRANSFER A RIGHT
OF FISHING
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1851, Chapter 173
|
AN ACT RELATING TO THE FUND OF THE SIXTH SCHOOL DISTRICT IN
WEYMOUTH
| |
1877, Chapter 220
|
AN ACT TO DISSOLVE THE WEYMOUTH FIRE DISTRICT, AND TO AUTHORIZE
THE SALE OF ITS PROPERTY
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1885, Chapter 221
|
AN ACT TO RATIFY AND CONFIRM THE PROCEEDINGS OF THE TOWN OF
WEYMOUTH IN RELATION TO PROCURING A SUPPLY OF WATER FOR SAID TOWN
| |
1916, Chapter 306
|
AN ACT TO PROVIDE FOR THE RATIFICATION OF A CERTAIN VOTE OF
THE TOWN OF WEYMOUTH RELATIVE TO THE PURCHASE OF LAND FOR SCHOOLHOUSE
PURPOSES
| |
1917, Chapter 86
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO PAY A SUM OF MONEY
TO THE DEPENDENTS OF THE LATE PATRICK BUTLER
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1917, Chapter 339
|
AN ACT TO RATIFY A VOTE OF THE TOWN OF WEYMOUTH MAKING PROVISION
FOR THE WIDOW AND CHILDREN OF THE LATE PATRICK BUTLER
| |
1923, Chapter 10
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO VOTE TO REVOKE ITS
ACCEPTANCE OF CERTAIN PROVISIONS OF LAW APPLICABLE TO TENEMENT HOUSES
IN TOWNS
| |
1927, Chapter 10
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO VOTE TO EXCHANGE
CERTAIN LAND FORMING PART OF GREAT HILL PARK, SO-CALLED
| |
1928, Chapter 299
|
AN ACT RELATIVE TO THE PAYMENT BY THE TOWN OF WEYMOUTH OF DAMAGES
CONSEQUENT UPON THE WIDENING OF BRIDGE STREET IN SAID TOWN
| |
1930, Chapter 352
|
AN ACT RELATIVE TO THE PAYMENT BY THE TOWN OF WEYMOUTH OF COMPENSATION
TO THE DEPENDENTS OF JOHN QUINCY HUNT, LATE CHIEF OF ITS FIRE DEPARTMENT
| |
1945, Chapter 19
|
AN ACT PERMITTING THE LATE FILING OF CERTIFICATES OF NOMINATION
AND NOMINATION PAPERS FOR THE ANNUAL TOWN ELECTION OF THE TOWN OF
WEYMOUTH IN THE CURRENT YEAR
| |
1947, Chapter 490
|
AN ACT PROVIDING FOR THE IMPROVEMENT OF THE ALEWIFE FISHERY
IN THE TOWN OF WEYMOUTH
| |
1948, Chapter 235
|
AN ACT PROVIDING FOR THE IMPROVEMENT OF THE ALEWIFE FISHERY
IN THE TOWN OF WEYMOUTH
| |
1948, Chapter 390
|
AN ACT RELATIVE TO THE PAYMENT OF THE COST OF CONSTRUCTION OF
PARTICULAR SEWERS AND CONNECTING DRAINS IN THE TOWN OF WEYMOUTH
| |
1949, Chapter 360
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO USE CERTAIN LAND
FOR PARK PURPOSES
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1951, Chapter 209
|
AN ACT VALIDATING CERTAIN ACTION TAKEN BY THE TOWN OF WEYMOUTH
RELATIVE TO THE FIRE DEPARTMENT OF SAID TOWN
| |
1951, Chapter 261
|
AN ACT PROVIDING FOR A FIVE DAY WORK WEEK FOR POLICE OFFICERS
OF THE TOWN OF WEYMOUTH
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1951, Chapter 686
|
AN ACT VALIDATING THE ACTS AND PROCEEDINGS AT ADJOURNED SESSIONS
OF THE ANNUAL TOWN MEETINGS OF IN THE TOWN OF WEYMOUTH HELD IN THE
YEARS NINETEEN HUNDRED AND FORTY-NINE, NINETEEN HUNDRED AND FIFTY
AND NINETEEN HUNDRED AND FIFTY-ONE
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1952, Chapter 18
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO USE CERTAIN LAND
NOW HELD FOR PLAYGROUND PURPOSES FOR SCHOOL PURPOSES
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1952, Chapter 312
|
AN ACT RELATIVE TO REPRESENTATIVE TOWN MEETINGS IN THE TOWN
OF WEYMOUTH
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1952, Chapter 513
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A PENSION TO
SARAH E. BRASSILL
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1952, Chapter 514
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A PENSION TO
ANNIE S. MCDOWELL
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1955, Chapter 179
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO USE CERTAIN PARK
LAND FOR SCHOOL PURPOSES
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1955, Chapter 300
|
AN ACT AUTHORIZING THE WEYMOUTH RETIREMENT BOARD TO PAY MEMBER
SURVIVOR BENEFITS TO MABEL E. DUVAL
| |
1956, Chapter 484
|
AN ACT VALIDATING CERTAIN ACTS OF THE TOWN OF WEYMOUTH
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1958, Chapter 182
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO ACQUIRE CERTAIN CEMETERY
PROPERTY FOR SCHOOL PURPOSES
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1958, Chapter 427
|
AN ACT AUTHORIZING THE COMMISSIONERS OF PUBLIC WORKS OF THE
TOWN OF WEYMOUTH TO USE CERTAIN PARK LAND FOR WATER SUPPLY PURPOSES
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1960, Chapter 211
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO TRANSFER CERTAIN
PARK LAND TO THE TRUSTEES OF TUFTS LIBRARY TO BE USED FOR LIBRARY
AND PARKING FACILITIES, AND VALIDATING A CERTAIN VOTE OF THE TOWN
RELATIVE TO SUCH TRANSFER
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1960, Chapter 368
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO APPROPRIATE FUNDS
FROM THE STABILIZATION FUND FOR THE CONSTRUCTION OF A NEW HIGH SCHOOL
AND VOCATIONAL SCHOOL
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1960, Chapter 682
|
AN ACT RELATING TO CERTAIN PROCEDURES OF THE TOWN OF WEYMOUTH
AND VALIDATING THE AUTHORIZATION OF SEWER BONDS
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1962, Chapter 239
|
AN ACT RELATIVE TO THE REVOCATION BY THE TOWN OF WEYMOUTH OF
ITS ACCEPTANCE OF AN ACT ESTABLISHING A BOARD OF PUBLIC WORKS
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1963, Chapter 46
|
AN ACT ESTABLISHING A MINIMUM ANNUAL COMPENSATION FOR PERMANENT
MEMBERS OF THE POLICE AND FIRE DEPARTMENTS, INCLUDING FIRE ALARM PERSONNEL
AND FIRE FIGHTER MECHANICS, OF THE TOWN OF WEYMOUTH
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1963, Chapter 839
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A SUM OF MONEY
TO FRANCIS A. GUNN
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1968, Chapter 417
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A CERTAIN SUM
OF MONEY TO HAROLD L. MOORE, A POLICE OFFICER OF SAID TOWN
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1969, Chapter 354
|
AN ACT TO AUTHORIZE THE TOWN OF WEYMOUTH TO GRANT CERTAIN EASEMENTS
TO BOSTON EDISON COMPANY OVER CERTAIN PARK LANDS IN SAID TOWN
| |
1970, Chapter 376
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO SELL AND CONVEY CERTAIN
PORTIONS OF A STRIP OF PARK LAND TO THE ABUTTERS THEREOF
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1971, Chapter 84
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO USE A CERTAIN PARCEL
OF PARK LAND FOR PARKING PURPOSES
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1971, Chapter 1034
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO APPROPRIATE MONEY
FOR AND TO PAY CERTAIN SALARY INCREASES GRANTED TO CUSTODIANS OF THE
SCHOOL DEPARTMENT OF SAID TOWN
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1973, Chapter 697
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO RESCIND ITS ACCEPTANCE
OF CERTAIN PROVISIONS OF LAW RELATIVE TO THE ESTABLISHMENT OF AN AIRPORT
AND AIRPORT COMMISSION
| |
1975, Chapter 502
|
AN ACT RELATIVE TO THE TRANSFER OF CERTAIN PROPERTY OF THE FOGG
LIBRARY TO THE TOWN OF WEYMOUTH
| |
1977, Chapter 357
|
AN ACT PROVIDING TENURE OF OFFICE UNTIL AGE SIXTY-FIVE FOR THOMAS
C. SMITH, INCUMBENT OF THE OFFICE OF HARBORMASTER IN THE TOWN OF WEYMOUTH
| |
1978, Chapter 327
|
AN ACT VALIDATING THE ACTS AND PROCEEDINGS OF THE SPECIAL TOWN
MEETING OF THE TOWN OF WEYMOUTH HELD ON JUNE TWELFTH, NINETEEN HUNDRED
AND SEVENTY-EIGHT
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1979, Chapter 382
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A CERTAIN RETIREMENT
ALLOWANCE TO EVERETT L. LOUD
| |
1979, Chapter 615
|
AN ACT AUTHORIZING THE BOARD OF RETIREMENT IN THE TOWN OF WEYMOUTH
TO RECLASSIFY THOMAS C. SMITH, HARBORMASTER OF THE TOWN OF WEYMOUTH
IN THE CONTRIBUTORY RETIREMENT SYSTEM FOR PUBLIC EMPLOYEE
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1980, Chapter 232
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO CONVEY A CERTAIN
PARCEL OF LAND
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1981, Chapter 362
|
AN ACT VALIDATING THE PROCEEDINGS AT A SPECIAL TOWN MEETING
OF THE TOWN OF WEYMOUTH IN THE YEAR NINETEEN HUNDRED AND EIGHTY-ONE
| |
1984, Chapter 46
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A CERTAIN SUM
OF MONEY TO NILMA BRISSENDEN
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1984, Chapter 214
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A CERTAIN UNPAID
BILL
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1984, Chapter 255
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A CERTAIN SUM
OF MONEY TO THOMAS C. SMITH, HARBORMASTER
| |
1984, Chapter 321
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A CERTAIN SUM
OF MONEY AND CONVEY CERTAIN LANDS TO THE FORMER OWNER OF SUCH LAND
| |
1985, Chapter 148
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO CONVEY CERTAIN CONSERVATION
LAND TO THE CHILDREN OF THE FORMER OWNER OF THE LAND
| |
1986, Chapter 38
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO PAY A CERTAIN SUM
OF MONEY TO ANTHONY GIORGI
| |
1989, Chapter 150
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO INDEMNIFY GEORGE
D. LEBRUN, A RETIRED POLICE OFFICER IN SAID TOWN
| |
1989, Chapter 629
|
AN ACT EXEMPTING THE POSITION OF TOWN ACCOUNTANT IN THE TOWN
OF WEYMOUTH FROM THE PROVISIONS OF THE CIVIL SERVICE LAW
| |
1990, Chapter 212
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO TRANSFER A CERTAIN
PORTION OF LAND IN THE TOWN
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1991, Chapter 182
|
AN ACT VALIDATING THE ACTS AND PROCEEDINGS OF THE ANNUAL TOWN
MEETING IN THE TOWN OF WEYMOUTH
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1992, Chapter 146
|
AN ACT EXTENDING THE FISCAL YEAR NINETEEN HUNDRED AND NINETY-TWO
ANNUAL BUDGET OF THE TOWN OF WEYMOUTH
|
(e)
Certain Other Obsolete Special Laws Repealed - The following special laws which established and amended
the charter for the town of Weymouth are hereby recognized as obsolete
and are to stand repealed, but all acts taken under the authority
of the said special laws are hereby preserved:
1921, Chapter 61
|
AN ACT TO PROVIDE FOR PRECINCT VOTING, REPRESENTATIVE TOWN MEETINGS,
A REFERENDUM AND AN ANNUAL MODERATOR IN THE TOWN OF WEYMOUTH
| |
1927, Chapter 256
|
AN ACT TO AUTHORIZE A SPECIAL ELECTION FOR TOWN MEETING MEMBERS
IN A PORTION OF THE TOWN OF WEYMOUTH
| |
1929, Chapter 190
|
AN ACT AUTHORIZING A RESERVE POLICE FORCE IN THE TOWN OF WEYMOUTH
| |
1930, Chapter 13
|
AN ACT RELATIVE TO REPRESENTATIVE TOWN MEETINGS IN THE TOWN
OF WEYMOUTH
| |
1930, Chapter 377
|
AN ACT RELATIVE TO THE POWERS OF THE BOARD OF WATER COMMISSIONERS
OF THE TOWN OF WEYMOUTH
| |
1938, Chapter 7
|
AN ACT AUTHORIZING THE BOARD OF PUBLIC WELFARE OF WEYMOUTH TO
APPOINT A WELFARE AGENT, AND ESTABLISHING THE POWERS AND DUTIES OF
SAID AGENT
| |
1941, Chapter 429
|
AN ACT RELATIVE TO THE NUMBER OF VOTES REQUIRED UPON A REFERENDUM
TO REVERSE ACTION OF THE REPRESENTATIVE TOWN MEETING IN THE TOWN OF
WEYMOUTH
| |
1943, Chapter 28
|
AN ACT ESTABLISHING THE NUMBER OF ELECTED TOWN MEETING MEMBERS
IN THE TOWN OF WEYMOUTH AND AUTHORIZING SUCH MEMBERS TO BECOME CANDIDATES
FOR RE-ELECTION BY GIVING WRITTEN NOTICE THEREOF TO THE TOWN CLERK
| |
1950, Chapter 19
|
AN ACT PROVIDING THAT THE DULY ELECTED TREE WARDEN IN THE TOWN
OF WEYMOUTH SHALL BE, AND PERFORM THE DUTIES OF, MOTH SUPERINTENDENT
IN SAID TOWN
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1952, Chapter 405
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO RECEIVE AND ADMINISTER
THE PROPERTY OF THE ASHWOOD CEMETERY ASSOCIATION IN SAID TOWN
| |
1957, Chapter 56
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO ESTABLISH A BOARD
OF PUBLIC WORKS EXERCISING THE POWERS OF CERTAIN OTHER DEPARTMENTS
AND TOWN OFFICIALS
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1958, Chapter 90
|
AN ACT INCREASING THE NUMBER OF VOTING PRECINCTS INTO WHICH
THE TOWN OF WEYMOUTH MAY BE DIVIDED
| |
1962, Chapter 147
|
AN ACT PROVIDING FOR THE FILLING OF A VACANCY IN THE OFFICE
OF MODERATOR BY THE TOWN MEETING MEMBERS IN THE TOWN OF WEYMOUTH
| |
1965, Chapter 246
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO RECEIVE AND ADMINISTER
THE PROPERTY OF THE ELMWOOD CEMETERY ASSOCIATION
| |
1974, Chapter 505
|
AN ACT VALIDATING A CERTAIN AMENDMENT TO THE PERSONNEL BY-LAW
IN THE TOWN OF WEYMOUTH
| |
1983, Chapter 301
|
AN ACT AUTHORIZING THE TOWN OF WEYMOUTH TO REORGANIZE ITS DEPARTMENT
OF PUBLIC WORKS
| |
1985, Chapter 230
|
AN ACT ESTABLISHING THE POSITION OF EXECUTIVE ADMINISTRATOR
IN THE TOWN OF WEYMOUTH
| |
1991, Chapter 342
|
AN ACT FURTHER REGULATING TOWN MEETINGS IN THE TOWN OF WEYMOUTH
| |
1994, Chapter 99
|
AN ACT PROVIDING FOR THE APPOINTMENT OF THE TREASURER-COLLECTOR
OF TAXES IN THE TOWN OF WEYMOUTH
| |
1995, Chapter 308
|
AN ACT RELATIVE TO REDUCTION IN RANK FOR EMPLOYEES OF THE FIRE
FORCE OF THE TOWN OF WEYMOUTH
|
This charter shall take effect upon its ratification by the
voters and in accordance with the following schedule:
1.
All town officers and employees shall continue to perform their duties
in the same manner and to the same extent as they have performed the
same prior to the ratification by the voters of the home rule charter,
but, being mindful that on the first business day in January of the
year following the year the charter has been so ratified, that the
executive authority will thereafter be vested in a mayor and the legislative
authority shall be vested in a town council.
2.
The first election of officers under this charter shall be held on
the first Tuesday following the first Monday in November 1999 for
the purpose of electing a mayor, a town council and four members of
the school committee. A preliminary election for the purpose of nominating
candidates to be elected at such election shall be held on the sixth
Tuesday preceding such election (September 21, 1999). So much of this
charter shall become effective as is necessary to conduct such elections.
The board of selectmen shall issue the warrants for such elections.
The terms of office of the two members of the school committee
who were elected at the election at which this charter was adopted
shall expire at the end of calendar year 2001. The terms of all other
members of the school committee shall expire at the end of calendar
year 1999. At the town election held in November, 1999 four members
shall be elected to the office of school committee member, the three
candidates receiving the highest number of votes shall be declared
elected to a four year term (expiring at the end of calendar year
2003) and the candidate receiving the fourth highest number of votes
shall be declared elected to a two year term (expiring at the end
of calendar year 2001). Thereafter at each town election three candidates
shall be elected to the office of school committee member for terms
of four years each.
3.
Forthwith following the special election the persons elected as mayor
and town council members shall be sworn to the faithful performance
of their duties and shall take up so much of the powers and duties
of their offices as are necessary to begin the process of transition
from the existing form of government to the new form of government.
This preparation for the transfer shall include a review by the town
council members of policies and procedures to govern the conduct of
the business of the town council and the adoption by it of rules by
which it will conduct its business.
The person chosen as mayor shall meet regularly with the members
of the board of selectmen and the school committee and for such purpose
shall be considered a member ex officio of such bodies. The mayor
shall have a right to meet with any town officer, town agency or town
employee during regular business hours for the purpose of acquiring
and advancing knowledge and information necessary to assume the full
powers of mayor on the first business day of January in the year following
the year in which the charter is adopted. The mayor shall be responsible
for a review of the existing town by-laws to be undertaken to bring
them into conformity with the new charter.
4.
On the first business day of January in the year following the year in which this charter is adopted the terms of office of the members of the board of selectmen, the town moderator and of the representative town meeting members shall all be terminated, and their offices abolished. The mayor, town council and school committee shall organize as provided in section 8-10. Each other elected and appointed town officer and employee shall continue to serve in the same office or position until some other provision is made in accordance with the provisions of section 5-1 and section 9-5(15),[1] unless some other provision is specifically made hereinafter
for any particular office or position.
5.
As the terms of office of the incumbent members of the Weymouth Housing
Authority and the Weymouth Redevelopment Authority expire, or as vacancies
may otherwise occur in any of such offices, successors shall be chosen
in the manner provided for city governments in section five of chapter
one hundred twenty-one B of the General Laws.
6.
Until such time as another salary is established for the office of the mayor, in accordance with the procedure provided in section 3-1(c), the initial salary for the mayor of Weymouth shall be established as the same sum which is provided at the top level of the pay grade for the position of executive-administrator on the date the charter is ratified by the voters, or due to have been paid to such officer effective at the start of the next financial year, whichever is the higher sum. The initial salary for the members of the town council shall be established as $5,000.00 for each councillor and $7,500.00 for the president of the town council. The initial salary for the members of the school committee shall be established as $2,000.00 for each person elected as a school committee member and $3,000.00 for the chair of the school committee.
7.
The office of executive-administrator established by chapter 230
of the acts of 1985 is hereby abolished and the said special act is
hereby repealed effective on the first business day of January in
the year following the year in which this charter is adopted. The
incumbent of the office of executive-administrator shall continue
to serve in that office until the said first business day of January.
Such incumbent may be continued in the service of the municipality
beyond said termination date, in some other position, if such person
and the mayor so agree.
8.
As soon as practical after the first mayor and council have been elected and taken the oath of office in November of the year in which this charter is adopted the mayor shall call together for an initial meeting the members of the board of license commissioners established in section 5-7(3) of this charter. The board of selectmen and its staff shall keep the board of license commissioners so established fully appraised of its activities in the year-end renewing of licenses in order to acquaint the members of the said board to these procedures. The board of license commissioners shall assume full authority under chapter one hundred and thirty-eight and chapter one hundred forty of the General Laws on the first business day in January.
9.
Not later than thirty days following the date of the ratification
of this charter by the voters the town clerk shall give to each member
of the Massachusetts House and Senate who represent any part of Weymouth
a copy of the vote ratifying this charter and the following petition
for the enactment of a special law applicable to Weymouth in the following
form:
AN ACT EXCEPTING WEYMOUTH FROM CERTAIN PROVISIONS OF THE CIVIL
SERVICE LAW
| |
Be it enacted, etc.
| |
For the purpose of classifying positions under the civil service
law and rules, Weymouth, notwithstanding the provisions of a home
rule charter establishing its form of government, shall continue to
be governed by the provisions of section fifty-two of chapter thirty-one
of the General Laws and not by the provisions of section fifty-one
of said chapter thirty-one.
| |
Nothing in this act shall be construed to affect the civil service
status of any person currently covered by such law and rules.
| |
This act shall take effect upon its passage.
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The above draft is provided for guidance and general scope and
may be altered by the General Court to conform to its normal practice.
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10.
As soon as practical following the election at which this charter
is adopted the town clerk and the board of registrars of voters shall,
using existing precinct boundary lines and voting places, divide the
town into six equal voting districts, or, as nearly equal as may be
using such existing precinct lines. At the election held in the year
in which the charter is adopted and at each subsequent municipal election
until the town has been reapportioned, as provided in MGL chapter
fifty-four sections one through ten, one district councillor shall
be elected from each such district and five councillors shall be elected
from the town at large.
11.
The position of town accountant which has heretofore existed in Weymouth shall, after the assumption of power and authority by the mayor and council, be divided into two separate and distinct functions. The powers of the office which are associated with auditing, including those described in sections fifty, fifty-one, fifty-three and fifty-four A of chapter forty-one of the General Laws shall be assigned to the office of town auditor established by section 2-8(a) of the charter. The remaining powers of a town accountant having to do with the regular payment of bills and invoices submitted by municipal agencies including those described in sections fifty-two, fifty-six, fifty-seven and fifty-eight of chapter forty-one shall be exercised by a person in the executive branch under the title town accountant, subject to the control of the chief financial officer.
12.
Not later than thirty days following the election at which this charter
is adopted the board of selectmen shall appoint seven persons to be
a committee to begin a review of the town by-laws for the purpose
of preparing such revisions and amendments as may be needed or necessary
to bring them into conformity with the provisions of this charter
and to fully implement the provisions of this charter. At least two
of the persons appointed to the committee shall have been members
of the Weymouth Charter Commission. The committee shall submit a report,
with recommendations, to the mayor and council forthwith following
the election held in the year in which this charter is adopted. The
review shall be conducted under the supervision of the town counsel,
or, by special counsel appointed for that express purpose.
13.
Forthwith following the election held in the year in which this charter
is adopted the mayor-elect shall appoint seven persons to be a committee
to review the town by-laws for the purpose of preparing such revisions
and amendments as may be needed or necessary to bring them into conformity
with the provisions of this charter and to fully implement the provisions
of this charter. Upon the appointment of such committee the committee
established under paragraph 11,[2] above, shall be terminated. The mayor may appoint to such
committee any of the persons who served on the committee established
under paragraph 11, or he may appoint different people, but, at least
two of the persons appointed to the committee shall have been members
of the Weymouth Charter Commission. The committee shall submit a report,
with recommendations, within one year following its creation and may
submit interim reports with recommendations at any time. The review
shall be conducted under the supervision of the town solicitor, or
by special counsel appointed for that express purpose.
[2]
Editor's Note: So in original; apparently should refer instead
to paragraph 12.
14.
The incumbent in the office of town clerk shall serve until the expiration of the term for which elected as the town clerk described in section 2-8(b) and as clerk of the council as described in section 2-8(c) and at the expiration of said term the town clerk and clerk of the council shall be chosen as provided in said section 2-8.
15.
The provisions of section 5-3 reorganizing the department of public works, section 5-4 establishing a department of municipal finance, section 5-5 establishing a department of planning and community development, section 5-6 establishing a department of human services[3] and section 5-7 establishing a department of municipal licenses and inspections shall each take effect upon the appointment by the mayor of the first person to serve as director of each such agency. Pending the adoption of an ordinance providing such detail the directors of each such department shall have a power to promulgate rules and regulations providing details of the organization of their department as may be necessary to carry out the functions of these departments.
[3]
Editor's Note: So in original; should be "department of human
resources."
16.
17.
Notwithstanding any provision of this charter which might appear
to the contrary it is recognized that it will not be possible for
the first person elected as mayor to begin at once to exercise all
of the powers, duties and responsibilities which are assigned to the
office of the mayor. It is recognized that it is in the best interest
of the town of Weymouth that such assumption be on a gradual basis
as the mayor, town council and other municipal officials are able
to adopt ordinances and other regulations as are necessary to implement
all of the provisions of the charter.
18.
The mayor and town council shall have authority to adopt measures
which clarify, confirm or extend any of the transitional provisions
in order that such transition may be made in the most expeditious
and least contentious manner possible.