[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.
To the extent that any specific provision of the Charter shall
conflict with any provision expressed in general terms, the specific
provisions shall prevail.
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.
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, 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]