(a)
Elected Town offices. The town offices to be filled by the voters
shall be a board of selectpersons (which shall be called the select
board), a school committee, a board of assessors, a Parks and Recreation
Board, a board of health, a board of library trustees, a planning
board, a town clerk and a town moderator.
[Amended by Town Meeting 10-18-2011, approved by voters 4-3-2012]
(b)
Other offices filled at Town elections. In addition to the town offices
enumerated above, members of a housing authority and such other officers
or representatives to regional authorities or districts as may be
established by law or by interlocal agreement may also be filled by
ballot at town elections.
(c)
Eligibility. Any voter shall be eligible to hold any elective town
office, provided however, no person shall simultaneously hold more
than one elected town office or hold an elected office and as an appointed
town officer except as an member of a multiple member body representing
the office to which elected.
(d)
Town election. (deleted)
[Amended by Town Meeting 6-3-2014, approved by voters 4-7-2015]
(e)
Ballot procedures. The names of candidates for each elective municipal
office, including the office of town meeting member and including
candidates for re-election to the same office, shall be arranged alphabetically
according to their surnames beneath the name of the office, incumbents
first. The address of each candidate shall be printed next to the
name of the same. If a candidate is running for re-election, then
the words "candidate for re-election" additionally shall be printed
next to the name of the same. No ballot shall list the party or political
designation or affiliation of any candidate.
[Amended by Town Meeting 6-3-2014, approved by voters 4-7-2015]
(f)
Compensation. Elected town officers shall receive such compensation
for their services as may be appropriated, annually, for such purpose.
(g)
Coordination. Notwithstanding their election by the voters, for the
purpose of coordinating the work of all town agencies, the town officers
named in this section shall be subject to the call of the select board
or of the Town Administrator, at all reasonable times, for consultation,
conference and discussion on any matter relating to their respective
offices.
(h)
Filling of vacancies in elected offices.
(1)
Multiple member body. If there is a vacancy in a board consisting
of two or more members, other than the select board, the remaining
members shall forthwith give written notice of the existence of any
such vacancy to the select board. After one week's notice of the date
on which the vote shall be taken, the select board with the remaining
members or member of such board shall fill such vacancy by a joint
vote. If such notice is not given within thirty days following the
date on which said vacancy occurs the select board shall, after one
week's notice, fill such vacancy without participation by the remaining
members of the multiple member body. The person chosen to fill any
such vacancy shall serve in such office until the next regular town
election at which the balance of the unexpired term, if any, shall
be filled by the voters.
(2)
Town officer. If there is a failure to elect, or if a vacancy
shall occur in the office of town clerk the select board shall, in
writing, appoint some suitable person to serve in such office until
the next town election. If there is a failure to elect, or if there
is a vacancy in the office of, the Town Moderator, then the Town Meeting
may appoint some suitable person to serve in such office until the
next annual election; provided, that any such appointment must be
at a Special Town Meeting that has been called for that purpose.
[Amended by Town Meeting 6-3-2014, approved by voters 4-7-2015]
(i)
Recall of elected Town officers. That an affidavit signed by at least
2000 registered voters, including 15 from each precinct, be filed
with the Town Clerk containing the name and title of the Elected Town
Officer whose removal is sought.
If the affidavit is determined to be valid, the Town Clerk shall
thereupon deliver to the first 10 names on the affidavit a blank petition
form to be used for the collection of petition signatures. The petitions
forms must be returned to the Town Clerk within 20 days of their issuance
and must contain the signatures of at least 20% of the number of persons
registered to vote as of the date of the most recent town election.
If the petition is determined to be valid, provision shall be
made for a special recall election to be held within 90 days but no
sooner than 65 days thereafter, except in the event that a regular
town election or other special election shall be held within 110 days,
in which case the recall election shall be held concurrently.
Ballots used in a recall election shall ask if the Elected Town
Officer named shall be recalled, and shall provide the names of candidates
seeking the office of the Officer recalled. An Officer whose recall
is sought shall not be a candidate to succeed to the office in the
event the recall vote is in the affirmative. The nomination of other
candidates, the publication of the warrant for the recall election
and the conduct of the same shall all be in accordance with the provisions
of this Charter and general laws regulating elections.
If the votes cast upon the question of recall is in the affirmative,
the candidate receiving the highest number of votes shall be declared
elected and shall serve the balance of the unexpired term, provided
that at least 20% of those persons registered to vote at the time
of the election shall have voted with respect to the question of the
recall. If the Officer is recalled, he shall be deemed removed from
office upon certification of the election results.
No recall petitions shall be filed against Officers during the
first six months of their term or during the final six months of their
term, or in the case of an Officer subject to a recall election and
not recalled thereby, until at least 6 months after the recall election.
[Amended by Town Meeting 10-18-2011, approved by voters 4-3-2012]
(a)
Composition, term of office. There shall be a select board consisting
of five members elected for terms of three years each. The terms of
office shall be so arranged that as nearly an equal number of the
terms of office 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 board of selectpersons to have
and to exercise. The select board shall serve as the chief policy
making agency of the town. The select board shall be responsible for
the formulation and promulgation of policy directives and guidelines
to be followed by all town agencies serving under it and, in conjunction
with other elected town officers and multiple member bodies to develop
and promulgate policy guidelines designed to bring the operation of
all town agencies into harmony. Provided however, 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 which are to be implemented by officers and employees
serving under it.
(c)
Licensing authority. The select board shall be a licensing board
for the town and shall have the power to issue licenses as otherwise
authorized by law, to make all necessary rules and regulations regarding
the issuance of such licenses, to attach conditions and to impose
restrictions on any such license as it may issue as it deems to be
in the public interest, and to enforce all laws relating to all businesses
for which it issues any license.
(d)
Appointments. The select board shall appoint an Town Administrator,
a Director of Parks and Recreation, a town counsel, constables, a
board of registrars of voters, a board of appeals, and a conservation
commission and such other members of multiple member bodies the functions
of which do not involve direct operating responsibilities but are
primarily policy making or advisory in nature, and other individuals
who are to serve as representatives of the town to the governing or
advisory bodies of area, regional or district authorities and where
no other provision is made for appointments in the law or agreement
establishing such entity.
[Amended by Town Meeting 10-18-2011, approved by voters 4-3-2012]
(e)
Investigations. The select board may investigate the affairs of the
town and the conduct of any town agency including any doubtful claims
against the town. Copies of the full text of the report of the results
of any such investigation shall be placed on file in the office of
the select board, the office of the town clerk and in the town library
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 five members elected for terms of three years each. The terms of
office shall be so arranged that as nearly an equal number of the
terms of office of members as is possible shall expire each year.
(b)
Powers and duties. The school committee shall have general charge
and superintendence of the public schools and for this purpose shall
have all of the powers and duties which are given to school committees
under the constitution and laws of the commonwealth, and it shall
have such additional powers and duties as may be authorized by the
charter, by by-law, or by other town meeting vote.
(a)
Composition, term of office. There shall be a board of assessors
consisting of three members elected for terms of three-years each.
The terms of office shall be so arranged that the term of office of
one member shall expire each year.
(b)
Powers and duties. The board of assessors shall annually make a fair
cash valuation of all the estate, real and personal, subject to taxation
within the town. It shall determine, based on such valuations and
such sums as may be authorized to be expended by town meeting and
consideration of other income and expenses of the town, annually,
the rate of taxation to apply against property in the town. The board
of assessors shall have such other powers and duties which are given
to boards of assessors by general law, by this charter, by town by-law
or by other vote of the town meeting.
[Amended by Town Meeting 10-18-2011, approved by voters 4-3-2012]
(a)
Election, composition, term of office. There shall be a Parks and
Recreation Board, which shall consist of five members who shall be
elected for terms of three years each. The terms of office shall be
so arranged that as nearly an equal number of the terms of office
of members as is possible shall expire each year. At the first election
only of the members of the Parks and Recreation Board, two members
shall be elected for a full three-year term, two members shall be
elected for a two-year term, and one member shall be elected to a
one-year term. The members of the Parks and Recreation Board shall
be elected in single-member office elections, in which the candidate
who obtains more votes than any other is elected (first-past-the-post/plurality
victory).
(b)
Powers and duties. The Parks and Recreation Board shall have all
of the powers, duties and responsibilities that are now, and from
time to time, vested by general law, special law, regulation or by-law
in the following types of public bodies: Board of Cemetery Commissioners,
Board of Park Commissioners, and Recreation Commission. The Parks
and Recreation Board shall be, in all respects, the lawful successor
of these public bodies, which shall cease to exist within the Town
upon the swearing in of the first elected members of Parks and Recreation
Board.
The powers and duties of the Parks and Recreation Board with
respect to public cemeteries shall include, without limitation, the
sole care, superintendence and management of such public cemeteries
within the Town, the laying out of any existing public cemeteries
within the Town and any land that is acquired by the Town for that
purpose, the maintenance and upkeep of these public cemeteries, and
the conveyance by deed of lots for burial purposes within these public
cemeteries.
The powers and duties of the Parks and Recreation Board with
respect to parks and park land shall include, without limitation,
the acquisition, whether by gift, purchase or eminent domain, and
subject to any necessary appropriation, of land within the Town limits
for the creation of a public park, laying out and improving of public
parks, the promulgation of rules for the use and governance of such
parks, and the maintenance and upkeep of such parks.
(a)
Composition, term of office. A board of health shall be elected which
shall consist of three members. The terms of office shall be so arranged
that the term of office of one member 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 provisions of the code of Massachusetts
regulations which are designed to protect the public health. The board
of health shall have all of the other powers, duties and responsibilities
which are given to boards of health by general laws, by this charter,
by town by-law or by other vote of the town meeting.
(a)
Composition, term of office. There shall be a board of trustees of
the public library consisting of six members, elected for terms of
three years each, so arranged that the term of two members shall expire
each year.
(b)
Powers and duties. The board of trustees of the public library shall
have the custody and management of the library and reading rooms and
of all property of the town devoted to library purposes. All funds
raised or appropriated by the town for the support and maintenance
of the library shall be expended under the direction of said board.
All funds which the town may receive by gift, by bequest, or otherwise
for library purposes, shall be administered under the direction of
said board in accordance with the terms of such gift, bequest or otherwise.
The board of trustees of the public library shall have all of
the other powers and duties which are given to library trustees by
general law, by this charter, by by-law or by other vote of the town
meeting.
(a)
The Town Moderator shall be elected to terms of three years.
[Amended by Town Meeting 6-3-2014, approved by voters 4-7-2015]
[Amended by Town Meeting 10-18-2011, approved by voters 4-3-2012]
(a)
Composition, term of office. There shall be a planning board which
shall consist of five members elected for terms of five years each
so arranged that the term of office of one 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 planning board shall prepare
and may from time to time amend and perfect a comprehensive or master
plan, setting forth in graphic and textual form policies to govern
the future growth and development of the entire town or parts thereof.
The planning board shall have the power to regulate the sub-division
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, but
not limited to any proposals affecting the zoning by-law of the town.
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 laws, by this charter, by by-law, or by other vote of the
town meeting.
(a)
Term of office. A town clerk shall be elected for the term of three
years.
(b)
Powers and duties. The town clerk shall be the keeper of vital statistics
for the town; 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; supervise and manage the conduct of all elections
and all other matters relating to elections; be the clerk of the town
meeting, keep its records and in the absence of the town moderator
to preside 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, by this charter, by by-law or by other
vote of the town meeting.
(a)
Composition, term of office. There shall be a Dartmouth Housing Authority
which shall consist of five members serving for terms of five years
each so arranged that the term of one member shall expire each year.
Four of these members shall be elected by the voters and the fifth
member shall be appointed by the Director of the Department of Housing
and Community Development of the commonwealth (or as may otherwise
be provided by law).
(b)
Powers and duties. The Dartmouth Housing Authority shall make studies
of the housing needs of the community and shall provide programs to
make available housing for families of low or moderate income and
for elderly persons of low or moderate income. The Dartmouth Housing
Authority shall have such other powers and duties as are assigned
to housing authorities by general law.
(a)
Composition, term of office. There shall be a Dartmouth Historical
Commission which shall consist of nine members with terms of three
years appointed by the Select Board as provided by the General By-Laws
of the Town.
(b)
Powers and duties. The Dartmouth Historical Commission shall have
the powers and duties as provided by Town General By-Laws, by MGL
Chapter 40 § 8D of the General Laws and as otherwise provided
by General Law.
[Amended 5-28-2002]
