[Amended by Town Meeting 6-3-2014, approved by voters 4-7-2015]
The Town shall conduct an election annually on the first Tuesday
of April for the purposes of electing officers and determing all matters
to be decided by the voters by ballot.
This charter may be replaced, revised or amended in accordance
with any procedures made available under the state constitution and
any statutes enacted to implement the said constitutional provisions.
The provisions of this charter are severable. If any provision
of this charter is held invalid the other provisions of this charter
shall not be affected thereby. If the application of this charter
or any of its provisions to any person or circumstance is held invalid,
the application of this charter and its provisions to other persons
and circumstances shall not be affected thereby.
A copy of all rules and regulations adopted by any town agency
shall be filed in the office of the town clerk before any such rule
or regulation shall become effective, and copies shall be made available
for review by any person who requests such information. No rule or
regulation adopted by any town agency shall become effective until
ten days following the date it has been so filed in the office of
the town clerk. Attested copies shall also be kept available in the
Public Library.
Every person who is elected, including any elected by town meeting
vote, or appointed to an office of the town shall receive a certificate
of such election or appointment from the town clerk.
Any appointed town officer, member of a multiple member body
or employee of the town, not subject to the provisions of the state
civil service law, or covered by the terms of a collective bargaining
agreement which provides a different method, and whether appointed
for a fixed or an indefinite term, may, for good cause, be suspended
or removed from office, without compensation, by the officer or multiple
member body which appoints such officers, members of multiple member
bodies, or employees. The term cause shall include, but not be limited
to the following: incapacity other than temporary illness, inefficiency,
insubordination and conduct unbecoming the office. Any appointed officer,
member of a multiple member body or employee of the town may be suspended
from office by the officer or multiple member body which appoints
such officers, members of multiple member bodies, or employees, if
such action is deemed by said appointing authority to be necessary
to protect the interests of the town. However, no suspension shall
be for more than 15 days. Suspension may be conterminous with removal
and shall not interfere with the rights of the officer or employee
under the removal procedure given below. The appointing authority
when removing any such officer, member of a multiple member body or
employee of the town shall act in accordance with the following procedure:
(a) A written notice of the intent to remove and a statement of the cause
or causes therefor shall be delivered in hand, or by certified mail,
return receipt requested, to the last known address of the person
sought to be removed.
(b) Within five days following delivery of such notice the officer, member
of a multiple member body or employee of the town may request a public
hearing at which such person may be represented by counsel, shall
be entitled to present evidence, call witnesses and to question any
witness appearing at the hearing.
(c) Between one and ten days after the public hearing is adjourned, or
if the officer, member of a multiple member body or employee of the
town fails to request a public hearing between six and fifteen days
after delivery of the notice of intent to remove, the appointing authority
shall take final action, either removing the officer, member of a
multiple member body or employee of the town or notifying such person
that the notice is rescinded. Failure of the appointing authority
to take any action within the time periods as stated in this section
shall be deemed to be a rescission of the original notice and the
officer, member of a multiple member body or employee shall, forthwith,
be reinstated. Nothing in this section shall be construed as granting
a right to such a hearing when a person who has been appointed for
a fixed term is not reappointed when a fixed term expires.
Whenever a vacancy occurs in any town office, position or employment,
or whenever by reason of a pending retirement or expiration of a fixed
term a vacancy can be anticipated, the appointing authority shall
forthwith cause public notice of such vacancy to be posted on the
town bulletin board for not less than ten days. Such notice shall
contain a description of the duties of the office, position or employment
and a listing of the necessary or desirable qualifications to fill
the office, position or employment. No permanent appointment to fill
such office, position or employment shall be effective until fourteen
days following the date such notice was posted to permit reasonable
consideration of all applicants. This section shall not apply to positions
covered by the civil service law and rules or if in conflict with
the provisions of any collective bargaining agreement. Nothing in
this section shall be construed to require that every vacancy which
shall occur must be filled.