[Amended by Chapter 163 of the Acts of 2020]
The articles in the warrant for every Town Meeting, as far as they relate to the election of the select board, Assessors, Finance committee members, Board of Health, School committee members, Moderator and other town officers, to referenda and all other matters to be acted upon and determined by ballot shall be acted upon and determined by the voters in their respective precincts.
The regular town elections shall be taken on official ballots without party or political designation on the date fixed in the bylaws of the town.
The Charter may be replaced, revised or amended in accordance with the procedures made available by Article LXXXIX of the amendments to the State Constitution and any legislation enacted to implement the said amendment.
The provisions of the Charter are severable. If any provision of the Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons and circumstances shall not be affected thereby.
All references to the General Laws contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the General Laws enacted subsequent to the adoption of the Charter.
In computing time under the Charter, if seven days or less, "days" shall refer to secular days and shall not include Sundays or legal holidays. If more than seven days, every day shall be counted.
Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in the Charter shall have the following meanings:
(a) 
Charter. The word "Charter" shall mean this Charter and any amendments to it through any of the methods provided under Article LXXXIX of the amendments to the State Constitution.
(b) 
Town. The word "town" shall mean the Town of Easton.
(c) 
Town agency. The words "town agency" shall mean any board, commission, committee, department or office of the town government.
(d) 
Majority vote. The words "majority vote" shall mean a majority of those present and voting, provided that a quorum of the body is present.
(e) 
Voters. The word "voters" shall mean registered voters of the Town of Easton.
(f) 
Multiple-member body. The words "multiple-member body" shall mean every board, commission, committee or subcommittee of the town government, however elected or appointed or otherwise constituted.
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.
[Amended by Chapter 163 of the Acts of 2020]
The select board shall, at five-year intervals, cause to be prepared by a special committee appointed for that purpose a proposed revision or recodification of all bylaws of the town which shall be presented to the Town Meeting for reenactment. Such revisions or recodifications shall be prepared under the supervision of the Town Counsel or, if the select board so direct by special counsel retained for that purpose. Subsequent to enactment by the Town Meeting, copies of the revised bylaws shall be forwarded to the Attorney General of the commonwealth for the attorney general's approval, and they shall be otherwise published all as required by the General Laws. Copies of the revised bylaws shall be made available for distribution.
(a) 
Who can be recalled. Any holder of an elective office as defined in § C3-1(a) may be recalled therefrom by the voters as herein provided.
(b) 
Recall petition. Any 25 voters may file with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The Town Clerk shall thereupon deliver to said voters making the affidavit copies of petition blanks demanding such recall, printed forms of which the town clerk shall keep available. The blanks shall be issued by the Town Clerk with the town clerk's signature and official seal attached thereto. They shall be dated, shall be addressed to the select board and shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit and shall demand the election of a successor in the said office. A copy of the petition shall be entered in a record book to be kept in the office of Town Clerk. The recall petition shall be returned and filed with the Town Clerk within 30 days after the filing of the affidavit and shall have been signed by at least 20% of the voters, who shall add to their signatures the street and number, if any, of their residences.
The Town Clerk shall, within 24 hours of receipt, submit the petition to the Registrars of Voters in the town, and the Registrars shall forthwith certify thereon the number of signatures which are names of voters.
[Amended by Chapter 163 of the Acts of 2020]
(c) 
Select board's action on receiving petition. If the petition shall be found and certified by the Town Clerk to be sufficient, the town clerk shall submit the same with the town clerk's certificate to the select board without delay, and the select board shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than 25 days nor more than 35 days after the date of the Town Clerk's certificate that a sufficient petition be filed; provided, however, that if any other town election is to occur within 60 days after the date of the certificate, the select board shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.
[Amended by Chapter 163 of the Acts of 2020]
(d) 
Nomination of candidates. Any officer sought to be recalled may be a candidate to succeed in that office and, unless the officer requests otherwise in writing, the town clerk shall place that officer's name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this section.
[Amended by Chapter 163 of the Acts of 2020]
(e) 
Incumbent holds office until election. The incumbent shall continue to perform the duties of the office until the recall election. If then reelected, the incumbent shall continue in office for the remainder of the unexpired term for which the incumbent was elected, subject to recall as before and except as provided in this section. If not reelected in the recall election, the officer shall be deemed recalled upon the qualification of the officer's successor and the successor shall hold office for the remainder of the unexpired term. If the successor fails to qualify within 5 days after receiving notification of election, the incumbent shall thereupon be deemed removed and the office vacant.
[Amended by Chapter 163 of the Acts of 2020]
(f) 
Propositions on ballot. Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X), may vote for either of the said propositions. Under the proposition shall appear the word "candidates," the directions to voters required by MGL c. 54, § 42 and beneath this the names of candidates nominated as hereinbefore provided. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question is in the negative, the ballots for candidates need not be counted.
(g) 
Repeat of recall petition. No recall petition shall be filed against an officer within three months after the officer takes office nor, in the case of an officer subject to a recall election and not recalled thereby, until at least three months after the election at which such officer's recall was submitted to the voters.
[Amended by Chapter 163 of the Acts of 2020]
(h) 
Appointment of person recalled. No person who has been recalled from an office, or who has resigned from office while recall proceedings were pending against such person, shall be appointed to any town office within two years after such recall or such resignation.
[Amended by Chapter 163 of the Acts of 2020]
Any appointed officer, member of a multiple-member body or employee of the town not subject to the provisions of the State Civil Service Law,[1] whether appointed for a fixed or an indefinite term, may be suspended or removed from office by the appointing authority for good cause. 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 appointing authority if such action is deemed by it 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 by certified mail or service of process by constable or deputy sheriff in hand or by leaving at the last and usual place of abode and by mailing First Class mail, postage prepaid, to the last known address of the person sought to be removed.
[Amended by Chapter 382 of the Acts of 1990]
(b) 
Within five days of 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 officer, member or employee may be represented by counsel and shall be entitled to present evidence, call witnesses and to question any witness appearing at the hearing.
[Amended by Chapter 163 of the Acts of 2020]
(c) 
Between one and 10 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 15 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 officer, member or employee that the notice is rescinded.
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 such officer's member's or employee's original term expires.
[Amended by Chapter 163 of the Acts of 2020]
[1]
Editor's Note: See MGL c. 31.
(a) 
Meetings. All multiple-member bodies shall meet regularly at such times and places within the town as they may prescribe. Except in cases of emergency, special meetings of any multiple-member body shall be held on the call of the respective chairperson or by 1/3 of the members thereof by suitably written notice delivered to the residence or place of business of each member at least 48 hours in advance of the time set. A copy of the said notice shall also be posted on the town bulletin board(s). Special meetings of any multiple-member body shall also be called within one week after the date of the filing with the Town Clerk of a petition signed by at least 50 voters and which states the purpose or purposes for which the meeting is to be called. Except as authorized by law, all meetings of all multiple-member bodies shall be open and public.
[Amended by Chapter 119 of the Acts of 1993; Chapter 163 of the Acts of 2020]
(b) 
Agendas. At least 48 hours before any meeting of a multiple-member body is to be held, an agenda containing all items which are scheduled to come before the multiple-member body at the meeting shall be posted. No action taken on a matter not included in the posted agenda shall be effective unless the multiple-member body first adopts by a separate vote a resolution declaring that an emergency exists and that the particular matter must be acted upon at that meeting for the immediate preservation of the peace, health, safety or convenience of the town.
(c) 
Rules and Journal. Each multiple-member body shall determine its own rules and order of business unless otherwise provided by this Charter or by law and shall provide for keeping a journal of its proceedings. These rules and journals shall be public records, and certified copies shall be kept available in the office of the Town Clerk for the convenience of the public.
(d) 
Voting. Except on procedural matters, all votes of all multiple-member bodies shall be taken by a call of the roll, and the ayes and nays shall be recorded in the journal; provided, however, that if the vote is unanimous only that fact need be recorded.
(e) 
Quorum. A majority of the members of the multiple-member body shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the multiple-member body. No other action of the multiple-member body shall be valid or binding unless ratified by the affirmative vote of the majority of the full multiple-member body.