[HISTORY: Adopted as Chapter 592, Acts of 1920. Amendments
noted where applicable.]
The annual town election shall be held on the first Saturday
in April. The annual town meeting shall be held on the fourth Monday
in April. (As amended October 20, 1976)
At each annual town election, the voters shall elect by official
ballot, in place of those Selectmen whose terms are about to expire,
an equal number of Selectmen, each to serve for three years. The Selectmen
shall serve until their successors are elected and have qualified.
If, unless as the result of a recall election, a vacancy or vacancies
shall occur in the membership of the Selectmen, the remaining members
shall call a special town election to fill the vacancy or vacancies
for the unexpired term or terms, except that, if such vacancy or vacancies
occur less than three months prior to the annual town election, and
not less than three Selectmen remain in office, the same shall remain
unfilled until such annual election. Any vacancy resulting from a
recall election shall be filled as hereinafter provided in this act.
Upon the election and qualification of the Selectmen as provided
in Section 2, all the powers, rights, duties and liabilities conferred
or imposed by law upon the Water Commissioners, Board of Health and
Auditors shall be transferred to and conferred and imposed upon the
Selectmen and the Officers of Water Commissioners, Board of Health
and Auditors of the Town of Middleborough shall be abolished. The
foresaid transfer of rights, powers, duties and liabilities shall
not affect any liability incurred, contract made, fine, special assessment,
rate, penalty, forfeiture or tax imposed before such transfer, nor
any suit or other proceeding pending; and the Selectmen for all purposes
whatsoever, shall be the lawful successors of the boards and officers
whose powers are hereby transferred to them.
The Selectmen shall also act as surveyors of highways of the
town with all the powers and duties conferred or imposed by law upon
surveyors of highways, (As amended June 13, 1995)
The Board of Selectmen are hereby authorized to appoint one
or more fish wardens qualified to act as such, who shall be sworn
to the faithful discharge of their duty in enforcing the provisions
of law regarding fishing in the town. (As amended June 13, 1995)
The Selectmen shall also appoint such officers including Fence
Viewers, Field Drivers, Surveyors of Wood and Lumber, Tree Warden
and Constables and such officers as are necessary to perform the duties
of offices hereby abolished as hereinafter provided.
At the annual town election, the voters shall elect a Municipal
Light Board, consisting of five members, two of whom shall be elected
for the term of three years, two for the term of two years and one
for the term of one year. The successors of members whose term shall
thereafter expire shall be elected to hold office for three years.
A vacancy in the Board shall be filled in accordance with the provisions
of Section Eleven of Chapter 41 of the General Laws. The Municipal
Light Board so elected shall have and exercise all the powers and
rights and be subject to all the duties and liabilities now or hereafter
conferred or imposed by law upon town Municipal Light Boards. (As amended October 26, 1981)
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FINANCE COMMITTEE
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There shall be a Finance Committee, hereinafter and in sections
five and six called the Committee, consisting of seven persons. At
the annual town meeting in the year Nineteen Hundred and Thirty-seven,
or at a Special Town Meeting held prior thereto for the purpose, the
town shall elect by official ballot three members of the committee
until the expiration of three years, and two members until the expiration
of two years, and two members until the expiration of one year from
the date of said Annual Town Meeting, and thereafter at each annual
town meeting of the successors of members whose terms shall then expire
shall be elected to hold office for three years. Any vacancy occurring
in the Committee shall be filled by the election, at the next annual
town meeting, of a person to serve for the unexpired term and until
such election said vacancy shall be filled by majority vote of the
remaining members of the Committee and the members of the Board of
Selectmen, meeting in joint convention.
The members of the committee shall serve during the term for
which they are elected and until their successors are qualified. They
shall be sworn to the faithful performance of their duties, shall
serve without salary and shall not hold any other town office
or employment.
The committee shall consider and advise as to all matters relating
to proposed appropriation and the matter of raising the amounts appropriated,
and shall report in writing at each town meeting on all articles in
the warrant relating to the appropriations or borrowing of money or
the indebtedness of the town, with the exception of its action on
the annual budget.
The committee may make recommendations in writing at any time
to the town, or to the Board of Selectmen, relating to the financial
affairs of the town. It shall submit to the town at the Annual Town
Meeting a report showing appropriations recommended for each fund
or department, the estimated income from all sources, exclusive of
taxes on property and poll taxes, the amount required to meet charges
for interest and maturing indebtedness, and the estimated amount to
be levied and raised by taxation to meet all expenses and liabilities
of the town. Said report shall be filed with the Town Clerk on or
before fifteen days prior to the fourth Monday of April; however,
if not timely filed there will be no adverse affect to any action
taken at town meeting.
For the purpose of enabling the committee to perform its duties
all Boards, Committees and Officers of town shall, on or before the
twentieth day of January of each year, submit to the committee in
writing, a detailed estimate of the appropriations required for the
efficient and proper conduct of the departments under their charge
during the ensuing fiscal year, and of all items of income to be received
by such departments during said year and shall at any time, furnish
any other information relative thereto in their possession which may
be requested in writing by the committee.
The Committee is hereby authorized to incur such expenses, as
it may deem necessary, including the cost of the employment of experts
and other assistants and the cost of printing its reports; provided,
that such expenses shall not exceed, in the aggregate, the sum of
two hundred and fifty dollars in any one year, unless a larger amount
shall be appropriated for the purpose by the committee.
Nothing herein shall be construed as limiting the power of the
town to impose additional duties on the committee, in accordance with
Section Sixteen of Chapter Thirty-nine of the General Laws.
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APPROVAL OF BILLS, PAYROLLS AND CLAIMS
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No bill or payroll contracted by the Town Manager or by any
department under the supervision of the Selectmen shall be paid by
the Town Treasurer until such bill or payroll shall have been approved
by the Selectmen. The Selectmen may designate one or more of their
members to make such approval, but this provision shall not limit
the responsibility of each member of the Board. Whenever any payroll,
bill or other claim against the town is presented to the Town Manager,
Town Clerk, Town Treasurer and Collector of Taxes or Trustees of the
Public Library, he or they shall, if the same seems to him or them
to be of doubtful validity, excessive in amount, or otherwise contrary
to the interests of the town, refer it to the committee who shall
immediately investigate the fact and report their findings and recommendations
to the Selectmen who shall determine what, if any, payment should
be made. Pending such investigation and determination, payment shall
be withheld.
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SELECTMEN MAY EMPLOY EXPERTS
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For the purpose of making investigations relative to the conduct
of the town departments, the Selectmen may employ such experts, counsel
and other assistants, and incur such other expenses as they may deem
necessary, and the same shall be paid by the town upon requisition
by the Selectmen, not exceeding in the aggregate in any year the sum
of Two Hundred and Fifty Dollars or such additional sum may be appropriated
for the purpose of the town.
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SCHOOL COMMITTEE
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Nothing in this act shall be construed as effecting the election,
powers and duties of the School Committee as now provided by law,
except as hereinafter provided.
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TOWN TREASURER AND COLLECTOR OF TAXES
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The Selectmen shall appoint a suitable qualified person to the
office of Town Treasurer and Collector of Taxes. The existing elective
office of Town Treasurer and Collector of Taxes shall be continued
until the person appointed to the office of Town Treasurer and Collector
of Taxes shall have qualified, at which time the elective office of
Town Treasurer and Collector of Taxes shall terminate. The Selectmen
shall appoint the person who is serving in the elective office of
Town Treasurer and Collector of Taxes as the initial appointee as
Town Treasurer and Collector of Taxes who shall receive not less than
the compensation and benefits to which the elected Town Treasurer
and Collector of Taxes was entitled unless modified by an employment
contract which may be established. The Town Treasurer and Collector
of Taxes shall have and exercise all the powers and rights and be
subject to all the duties and liabilities now or hereafter conferred
or imposed by law upon town treasurers and town collectors of taxes.
The Selectmen by majority vote after notice and hearing may remove
the Town Treasurer and Collector of Taxes from office for cause. The
Selectmen shall forthwith appoint a suitable qualified person to fill
any vacancy in the office of Town Treasurer and Collector of Taxes
resulting from death, resignation, retirement, removal or other cause.
The Selectmen shall determine the compensation of the Town Treasurer
and Collector of Taxes and may establish an employment contract with
the Town Treasurer and Collector of Taxes for a period of time to
provide for salary, fringe benefits and other conditions of employment,
including but not limited to, severance pay, relocation expenses,
reimbursement for expenses incurred in the performance of duties of
office, liability insurance, vacation and leave. (As amended
January 5, 2011)
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TOWN CLERK
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The Selectmen elected as provided in Section Two shall appoint
a suitable qualified person to the office of Town Clerk. The existing
elective office of Town Clerk shall be continued until the person
appointed to said office of Town Clerk shall have qualified, at which
time the elective office of Town Clerk shall terminate. The Town Clerk
shall enjoy all the powers and rights and be subject to all the duties
and liabilities now and hereinafter conferred or imposed by law upon
Town Clerks. He shall hold office during the pleasure of the Selectmen,
and shall be sworn to the faithful performance of his duties by the
Chairman of Selectmen or by a Justice of the Peace. In case of death,
resignation or removal from office of the town Clerk, the Selectmen
shall forthwith appoint a suitably qualified person to fill the vacancy.
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ASSESSORS
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At each annual town meeting beginning with the year Nineteen
Hundred and Thirty-seven, the town shall elect by official ballot
one Assessor for the term of three years to succeed the Assessor whose
term shall then expire. Any vacancy occurring in the office of an
Assessor shall be filled in the manner provided by General Law. The
Assessors shall have and exercise all the powers and rights and be
subject to all the duties and liabilities now or hereafter conferred
or imposed by law upon Assessors of towns. Before entering upon the
duties of their office, they shall be sworn to the faithful performance
thereof as provided by General Law.
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LIBRARY TRUSTEES
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The Selectmen shall, in February, Nineteen Hundred and Twenty-one,
appoint nine library trustees, three of whom shall be appointed for
the term of three years, three for the term of two years and three
for the term of one year, from the first day of March in that year;
and annually thereafter, in February, the Selectmen shall appoint
in the place of those whose terms are about to expire, an equal number,
each to serve for the term of three years from the following first
day of March. A vacancy in the Board of Trustees shall be filled by
appointment by the Selectmen for the residue of the term. Upon the
appointment of library trustees hereunder, the term of any Library
Trustee then in office shall terminate.
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PUBLIC WELFARE DEPARTMENT
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The Selectmen shall have and exercise all the powers and rights
and be subject to all the duties and liabilities now or hereafter
conferred or imposed by law upon boards of public welfare in towns,
and the Town Manager, under their supervision, shall administer the
welfare relief of the town either directly or through a person or
persons appointed by him.
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POLICE DEPARTMENT
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(A)
The Board of Selectmen shall appoint a Chief of Police and such
other police officers as they may deem necessary, and shall fix their
compensation.
(B)
Police Officers may be removed at the pleasure of the Selectmen,
except that the tenure of office of the Chief shall, after he has
served five continuous years, continue during good behavior, as long
as he is able to perform duties of his office; and he shall not be
removed except after hearing by the Selectmen on written charges,
a copy of which shall be furnished to him prior to the hearing.
(C)
The Chief of Police shall be in immediate control of all town
property used by the department, and of the police officers who shall
obey his orders.
(D)
The Chief and other police officers shall suppress and prevent
disturbances and disorder. During the night time they may examine
all persons abroad whom they have reason to suspect of unlawful design,
and may demand of them their business abroad and whither they are
going; may disperse any assembly of three or more persons and may
enter any building to suppress a riot or breach of peace therein.
Persons so suspected who do not give satisfactory account of themselves,
persons so assembled who do not disperse when so ordered, and persons
making, aiding or abetting a riot or disturbance, may be arrested
by the police and may thereafter safely be kept by imprisonment or
otherwise, unless released in the manner provided by the law, and
taken before a Police, District or Municipal Court or Trial Justice
for examination or prosecution. They shall have all the powers and
duties of Constables except those of serving and executing civil process.
(E)
The Selectmen may make suitable regulations governing the organization
of the Police Department and the officers thereof.
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CONSTABLES
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The Selectmen shall appoint two or more Constables annually
in February, each for the term of one year from the following first
day of March, and may at any time appoint such additional Constables
as in their opinion may be necessary, who shall hold office during
the pleasure of the Selectmen but not beyond the first day of March
following the date of their appointment.
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FIRE DEPARTMENT
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The Chief of the Fire Department shall be appointed by the Selectmen,
and shall receive such salary as the Selectmen may from time to time
determine, not exceeding the amount annually appropriated therefore.
He may be removed for cause by the Selectmen at any time after a hearing.
He shall have charge of extinguishing fires in the town and the protection
of life and property in case of fire. He shall purchase, subject to
the approval of the Selectmen, and keep in repair all property and
apparatus used for and by the Fire Department. He shall have and exercise
all the powers and rights and be subject to all the duties and liabilities
conferred or imposed by law upon engineers in towns, except as herein
provided, and shall appoint a Deputy Chief and such officers and firemen
as he may think necessary, and may remove the same at any time for
cause and after a hearing. He shall have full and absolute authority
in the administration of the Department, shall make all rules and
regulations for its operation, shall report to the Selectmen from
time to time as they may require, and shall annually report to the
town the condition of the Department with his recommendations thereon.
He shall fix the compensation of the permanent and call members of
the fire department, subject to the approval of the Selectmen. In
the expenditure of money, the Chief shall be subject to such further
limitations as the town may from time to time prescribe.
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LEGAL AFFAIRS
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(A)
The Board of Selectmen shall annually appoint and determine
the compensation of an Attorney at Law or law firm to act as Town
Counsel. (As amended January 5, 2011)
(B)
The Board of Selectmen shall have authority to prosecute, defend
and compromise all litigation to which the town is a party, and to
appoint and determine the compensation of special counsel to assist
the Town Counsel whenever in their judgement it may be necessary. (As amended January 5, 2011)
The Town Counsel shall draft all bonds, deeds, leases, obligations,
conveyances and other legal instruments, and do every professional
act which may be required of him, by vote of the town or any Board
of the town officers. Also, when so required by said Boards or any
Committee of the town, he shall furnish a written opinion on any question
that may be submitted to him, and he shall at all times furnish legal
advice to any officer of the town who may require his opinion upon
any subject concerning the duties of such office.
He shall prosecute all suits or other legal proceedings ordered
to be brought by the town or Board of Selectmen, and shall appear
before any court in the Commonwealth in defense of all actions or
suits brought against the town or its officers in their official capacity,
and shall try and argue any and all causes in which the town shall
be a party, or before any tribunal whether in law or in equity, in
the Commonwealth, or before any Board of Referees or Commission, and
shall appear at any and all hearings on behalf of the town whenever
his services may be required.
(C)
Whenever it shall be necessary to execute any deed, conveying
land, or any other instrument required to carry into effect any vote
of the town, the same shall be executed by the Treasurer in behalf
of the town, unless the town shall vote otherwise.
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TOWN MANAGER
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The Selectmen, elected as provided in Section Two shall appoint,
as soon as practicable, a Town Manager who shall be the administrative
head of all departments of the town government, the conduct of which
is by the General Laws and by this act placed upon the Selectmen of
the town, except as provided otherwise in this act. The Town Manager
shall be subject to the direction and supervision, and shall hold
office at the will of the Selectmen, and shall be a person specially
fitted by education, training or experience to perform the duties
of the office. He shall be appointed without regard to his political
belief and he may or may not, when appointed, be a resident of the
town or state. He shall be responsible for the efficient administration
of all departments within the scope of his duties. Before entering
upon the duties of his office, the Town Manager shall be sworn to
the faithful and impartial performance thereof by the Chairman of
the Selectmen, or by the Town Clerk, or by a Justice of the Peace.
He shall execute a bond in favor of the town for the faithful performance
of his duties in such sum and with such surety or sureties as may
be fixed or approved by the selectmen.
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POWERS AND DUTIES
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The powers and duties of the Town Manager shall include the
following:
(A)
To organize, continue, or discontinue such divisions or departments
from time to time as may be determined by vote of the Selectmen not
inconsistent with the provisions of this act.
(B)
To appoint upon merit and fitness alone and, except as otherwise
provided herein, to remove all Superintendents or Chiefs of departments
and all subordinate officers and employees in such departments, and
to fix all salaries and wages of all subordinates and employees subject
to law. The Superintendent or Chief of departments shall not be removed
by the Town Manager, except on five days notice in writing which shall
state the cause of such removal.
(C)
To exercise control of all departments or divisions made subject
to his supervision.
(D)
To attend all regular meetings of the Selectmen, and to recommend
to the Selectmen for adoption such measures requiring action by them
or by the town as he may deem necessary or expedient.
(E)
To keep full and complete records of his office and to render
as often as may be required by the Selectmen a full report of all
operations during the period reported on; and annually or oftener
if required by the Selectmen, to make a synopsis of all the reports
for publication.
(F)
To keep the Selectmen fully advised as to the needs of the town
within the scope of his duties, and to furnish the Selectmen in writing
on or before the Thirty-first day of December of each year with a
detailed list of the appropriations required during the next ensuing
fiscal year for the proper conduct of all departments of the town
under his control.
(G)
To keep in repair all the town buildings.
(H)
To purchase all supplies and materials for all departments of
the town expect books for schools.
(I)
To administer the health regulations of the town as required
by the by-laws, or by the Selectmen, in addition to those provided
by statute, either directly or through a person appointed by him,
to be designated as the Health Officer, and under the supervision
of the Selectmen exercising the powers of the Board of Health.
(J)
To perform such other duties, consistent with his office, as
may be required of him by the by-laws of the town, or by vote of the
Selectmen.
(K)
To prepare and submit an annual operating budget to the Selectmen.
The proposed budget shall include, but not be limited to a listing
of the funds requested by all boards, committees, officers, and departments
of the town; shall be balanced and show both proposed expenditures
and anticipated revenues. The Board of Selectmen, after reviewing
the proposed budget and making changes it deems appropriate, shall
submit its recommended budget to the Finance Committee on or before
the twentieth day of January of each year for review and recommendation
to town meeting. (As added January 5, 2011)
(L)
To prepare annually a five year financial forecast of town revenue,
expenditures and general finance condition of the town. The forecast
shall be submitted to the Selectmen who shall make it available to
the public. (As added January 5, 2011)
(M)
To be responsible on behalf of the Selectmen for the negotiation,
administration and enforcement of collective bargaining agreements
and other employment agreements, exclusive of agreements made by the
School Committee and the Municipal Light Board. The Town Manager in
carrying out duties hereunder may engage labor counsel as he deems
necessary and as approved by the Selectmen. (As added January
5, 2011)
Notwithstanding the foregoing, the Selectmen shall retain the
sole authority to approve and execute all collective bargaining agreements
negotiated by the Town Manager on the Board's behalf. (As added
January 5, 2011)
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EXAMINATION OF
DEPARTMENTS
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The Town Manager may without notice cause the affairs of any
division or department under his control or the conduct of any officer
or employee thereof to be examined. The Town Manager shall have access
to all town books and papers for information necessary for the proper
performance of his duties.
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TOWN MANAGER MAY BE REMOVED FOR CAUSE
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The Selectmen, by a majority vote, may remove the Town Manager
by filing a written statement with the Town Clerk setting forth in
detail the specific reasons for his removal, a copy of which statement
shall be delivered to the Town Manager. Such removal shall not take
effect until the expiration of five days after the filing of the statement
with the Town Clerk, but if it is so recited in the statement the
Town Manager shall be suspended from office forthwith. If the Town
Manager so requests within the said five day period, a public hearing
shall be given to him by the Selectmen, and in that event the removal
of the Town Manager shall not take effect until a written decision
following the hearing shall have been filed with the Town Clerk. Such
decision by a majority vote of the Selectmen shall be final.
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VACANCY
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Any vacancy in the office of Town Manager shall be filled as
soon as possible by the Selectmen. Pending the appointment of a Town
Manager or the filling of any vacancy, the Selectmen may appoint a
person to perform temporarily the duties of the office.
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HOLDER OF AN ELECTIVE OFFICE MAY BE RECALLED, ETC.
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Any holder of an elective office may be recalled therefrom by
the registered voters of the town as herein provided.
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RECALL PETITION, PREPARATION, FILING
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One Hundred or more qualified voters may make and 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 the ten persons first named on such
affidavit a sufficient number of petition blanks demanding such recall,
copies of which printed forms he shall keep available. Said petition
blanks may be completed by printing or typewriter and they shall contain
the names of the ten persons to whom they are issued, the name of
the person sought to be recalled, the office from which recall is
sought, and the grounds for recall as stated in the affidavit. They
shall demand the election of a successor to the office and they shall
be dated, signed and sealed by the Town Clerk. Said recall petition
shall be returned to the office of the Town Clerk not later than five
o'clock in the afternoon on or before the first work day following
twenty days after the date they are issued, signed by at least eight
hundred qualified persons registered to vote in the town as of the
date such affidavit was filed with the Town Clerk. To every signature
shall be added the place of residence of the signer, giving the street
and number, if any. One of the ten persons to whom the recall petition
forms is issued shall make an affidavit on each page that statements
therein contained are true, and that each signature appended to the
petition is the genuine signature of the person whose name it purports
to be.
The Town Clerk shall, within seventy-two hours following the
day of such filing with the office of the Town Clerk, submit the recall
petition forms to the Board of Registrars of voters which shall, within
five working days after the day of receipt, certify in writing thereon
the number of signatures which are those of qualified persons registered
to vote in the town as of the date such affidavit was filed with the
Town Clerk. The Board of Registrars of voters, upon the completion
of their certification, shall return the recall petition forms to
the Town Clerk.
If said recall petition forms shall be certified by the Board
of Registrars of voters to contain at least eight hundred qualified
persons registered to vote, and if the petition shall be found and
certified by the Town Clerk to be sufficient, the Town Clerk shall
give notice without delay, in writing, to the elected officer whose
recall is sought by sending to said officer a copy of the affidavit
and the recall petition form together with notice of the number of
qualified voters certified by the Board of Registrars of voters who
signed the recall petition forms and the total number of qualified
voters in the town as of the most recent town election.
If the officer to whom notice is directed by the Town Clerk
does not resign the office within five days following receipt of the
aforesaid notice from the Town Clerk, the Town Clerk shall give notice
in writing to the Board of Selectmen not later than one working day
following the expiration of the foregoing five days. The Board of
Selectmen shall order a special election to be held not less than
sixty nor more than ninety days after the receipt of notice from the
Town Clerk as aforesaid.
If, however, any other town election is to be held within one
hundred days of receipt by the Board of Selectmen of notice from the
Town Clerk, the recall election shall be postponed and shall be held
at such time and in conjunction with such other election. If a vacancy
occurs in the office for any reason after a recall election has been
ordered by the Board of Selectmen, the recall election shall nevertheless
proceed as provided for herein.
Any officer sought to be removed may be a candidate to succeed
himself, and unless he requests otherwise in writing, the Town Clerk
shall place his name on the ballot without nomination. The number
of signatures of qualified voters required to place the name of a
candidate on the official ballot for use at a recall election shall
not be less than fifty. The publication of the warrant for the recall
election and the conduct of the recall election shall be in accordance
with the General Laws regulating elections, unless otherwise provided
in this act.
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RECALL ELECTION
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The incumbent shall continue to perform the duties of this office
until the recall election. If then re-elected, he shall continue in
office for the remainder of his unexpired term subject to recall as
before, except as provided in section thirty. If not re-elected in
the recall election, he shall be deemed removed upon the qualification
of his successor, who shall hold office during the unexpired term.
If the successor fails to qualify within five days after receiving
notification of his election, the incumbent shall thereupon be deemed
removed and the office vacant.
The ballots used at the recall election shall submit the following
proposition in the order indicated;
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For the recall of (name of officer)
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Against the recall of (name of officer)
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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 such propositions. Under the propositions shall appear the
word "Candidates" and the direction for the voters required by law
and beneath the work "Candidates" shall be the names of candidates
nominated as hereinabove provided. The ballots used in a recall election
shall be substantially in the following form:
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RECALL ELECTION
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(Month and Day of Month and Year)
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FOR THE RECALL OF (Name in full)
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AGAINST THE RECALL OF (Name in full)
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CANDIDATES
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Vote for One
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(Name of Candidate)
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No recall petition shall be filed against an officer within
six months after he takes office, nor in the name of an officer subjected
to a recall election and not removed thereby, until at least six months
after that election.
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PERSONS REMOVED NOT TO BE APPOINTED TO ANY TOWN OFFICE
WITHIN TWO YEARS
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No person who has been removed from an office by recall, or
who has resigned from office while recall proceedings were pending
against him, shall be appointed to any town office within two years
after such removal by recall or such resignation. (As amended
June 14, 1993)
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SALARIES
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The Board of Selectmen shall determine the compensation of all
offices appointed by them.
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CERTAIN TOWN OFFICERS NOT TO MAKE CONTRACTS WITH THE TOWN
(PENALTY)
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It shall be unlawful for any Selectman, the Town Manager, any
member of the School Committee, any Trustee of the Public Library,
or any other elective or appointive official except as otherwise provided
by law, or by this act, directly or indirectly to make a contract
with the town, or to receive any commission, discount, bonus, gift,
contribution or reward from, or any share in the profits of, any person
or corporation making or performing such a contract, unless such member,
officer or employee immediately upon learning of existence of such
contract, or that such contract is proposed, shall notify the Selectmen
in writing of the contract and of the nature of his interest therein
and shall abstain from doing any official act on behalf of the town
in reference thereto. In case such interest exists on the part of
an officer whose duty it is to make such a contract on behalf of the
town, the contract may be made by another officer or person of the
town, duly authorized thereto by vote of the town. A violation of
any provision of this section shall render the contract in respect
to which such violation occurs voidable at the option of the town.
Any person violating any provision of this section shall be punished
by a fine of not more than one thousand dollars or by imprisonment
for not more than one year or by both such fine and imprisonment.
This act shall be submitted to the qualified voters of the Town
of Middleborough at a special election, which shall be called by the
Selectmen. The vote shall be taken by ballot in answer to the following
question: "Shall an act passed by the General Court in the year of
Nineteen Hundred and Twenty, entitled 'An act to establish a Town
Manager form of government for the Town of Middleborough' be accepted"
which shall be printed on the official ballot. If the act is accepted
by a majority of the qualified voters voting thereon, it shall take
effect forthwith for the purpose of the next annual town meeting which
shall be held on the third Monday of January, in the year 1921, and
for all things pertaining thereto and shall take full effect upon
the election of the Selectmen and other town officials on the said
third Monday of January. Appointees of the officers and boards abolished
or consolidated by this act shall continue to draw compensation at
the same rate and to exercise like powers, authority and jurisdiction
as theretofore until other provision is made.
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DUTIES OF CERTAIN TOWN OFFICIALS RELATIVE TO ELECTION
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It shall be the duty of the Selectmen and the Town Clerk in
office and other town officials upon whom by reason of his office
a duty devolves by the provisions of this act, when this act is accepted
by the qualified voters as herein provided, to comply with all the
requirements of this act relating to elections, to the end that all
things may be done necessary for the nomination and the election of
the officers first to be elected under this act.
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BY-LAWS, RULES
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All laws, by-laws, rules and regulations in force in the Town
of Middleborough when this proposed act takes effect, not inconsistent
with its provisions, whether enacted by authority of the Town or any
other authority, shall continue in full force and effect until it
is otherwise provided by law, by-law, or vote; all other laws, by-laws,
rules and regulations, so far as they refer to the Town of Middleborough,
are hereby repealed and annulled, but such repeal shall not revive
any pre-existing enactment.
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REVOCATION OF ACCEPTANCE
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At any time in the year Nineteen Hundred and Forty or any subsequent
year, but not less than ninety days before the date of an Annual Town
Meeting, a petition signed by not less than twenty-five percent of
the registered voters of the town may be filed with the Selectmen,
requesting that the question of revoking the acceptance of this act
be submitted to the voters. Thereupon the Selectmen shall call a town
meeting to be held at a date not later than forty-five days after
the filing of the petition, unless such requirement would cause such
meeting to be held between the fifteenth day of June and first Tuesday
of September, in which event such meeting shall be called within ten
days after the first Tuesday of September. At such meeting the vote
shall be taken in answer to the following question, which shall be
printed on the official ballot: "Shall the acceptance by the Town
of Middleborough of an act passed by the General Court in the year
Nineteen Hundred and Twenty, entitled 'An act to establish a Town
Manager form of government for the Town of Middleborough', and all
amendments thereto, be revoked?" If such revocation is favored by
a majority of the voters voting thereon by ballot, the next annual
town meeting shall be called by the Selectmen in office and shall
be held in accordance with the provisions of general law relating
thereto. At such meeting, town officers shall be elected in accordance
with the provisions of general law, who shall have the powers therein
provided, and upon the qualification of the officers so elected, the
terms of the town officers existing under the provisions of this act
shall cease. Until such next annual town meeting and the election
and qualification of such officers as provided by general law, the
existing form of town government shall continue under the provisions
of this act and all powers and duties of the town officers therein
provided for shall continue. After such next annual town meeting and
the qualification of the town officers elected thereat, the provisions
of this act shall cease to apply, and thereafter all provisions of
general laws relative to town government and town officers shall apply
to the Town of Middleborough. Any special laws relative to said town,
which are appealed by this act, shall be revived when such revocation
takes effect. By-laws in force when such revocation takes effect,
so as they are consistent with the general laws respecting town government
and town officers are with said special laws, if any shall not be
effected thereby.
This act (meaning amendments) shall be submitted to the qualified
voters of the Town of Middleborough at the annual town meeting in
the year Nineteen Hundred and Thirty-six. The vote shall be taken
by ballot in answer to the following question, which shall be printed
on the official ballot: "Shall an act by the General Court in the
year nineteen Hundred and Thirty-five, entitled 'An act providing
for certain changes in the Town Manager form of government in the
Town of Middleboro' be accepted?" If this act is accepted by a majority
of the qualified voters voting thereon it shall thereupon take full
effect.
