[HISTORY: Enacted by the General Court of the Commonwealth
of Massachusetts as indicated. Amendments noted where applicable.]
[Acts of 2016, Ch. 346, approved 12-28-2016]
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same as follows:
A holder of an elected office in the town of Bolton may be recalled
from the office by registered voters of the town as provided in this
act. A recall petition shall not be filed against an officer within
6 months after the officer has taken office nor, in the case of an
officer subjected to, but not recalled by, a recall election, until
at least 6 months after the election at which the recall petition
was submitted to the voters.
Thirty registered voters of the town of Bolton may initiate
a recall petition by filing an affidavit with the town clerk. The
affidavit shall contain the name of the officer whose recall is sought
and a statement of the grounds for the recall. The town clerk shall
provide a sufficient number of copies of blank petition forms, which
the clerk shall maintain, to the voters who filed the affidavit. The
blank petition forms shall: be issued by the town clerk and bear the
clerk's signature and official seal; be dated and addressed to the
board of selectmen; contain the names of the persons to whom the forms
were provided, the number of forms provided, the name of the officer
whose recall is sought, a statement of the grounds for the recall
as stated in the affidavit and a statement demanding the election
of a successor to the officer's office. The forms shall be provided
during regular business hours within 5 business days of filing the
affidavit. The recall petition shall be returned and filed with the
town clerk on the twenty-eighth day after the filing of the affidavit.
If the town hall is not open on the twenty-eighth day, the petition
may be filed during normal business hours on the next day on which
town hall is open for business. The petition, before being returned
and filed, shall be signed by qualified voters of the town, equal
in number to at least 20 per cent of the qualified voters of the town
as of the date the affidavit was filed with the town clerk. Every
signature shall be accompanied by the signer's place of residence,
including the street and number. Within 24 hours of receipt, the town
clerk shall submit the petition to the board of registrars of voters
of the town and the board of registrars shall immediately certify
the number of signatures.
The reasons for which a recall may be initiated pursuant to
this act shall include, but not be limited to:
(i)
Lack of fitness, which shall mean insobriety while performing
official functions, involuntary commitment to a mental health facility
or being placed under guardianship or conservatorship by a probate
court;
(ii)
Corruption, which shall mean a conviction of a felony involving
moral turpitude, conviction of bribery or extortion;
(iii)
Neglect of duties, which shall mean repeated absences from meetings
without just cause; provided, however, that just cause shall include,
but not be limited to, illness or regular vacation periods; and
(iv)
Misfeasance, which shall mean the performance of an official
act in an unlawful manner or a willful violation of the conflict of
interest law, open meeting law or other ethical violation.
If the recall petition filed pursuant to section 2 is found
and certified by the board of registrars of voters to be sufficient,
the town clerk shall immediately submit it, with the certificate,
to the board of selectmen. The board of selectmen shall immediately
give written notice to the officer of the receipt of the certificate
and, if the officer whose recall is sought does not resign within
7 calendar days, shall order an election to be held on a date fixed
by the board of selectmen not less than 64 days nor more than 90 days
after the date the board of selectmen calls for the election. If another
town election is to occur within 90 days after the date of the certificate,
the board of selectmen may postpone the recall election to the date
of the other election. If a vacancy occurs in the office after a recall
election has been so ordered, the election shall proceed as provided
in this section.
An officer who is subject to a recall election pursuant to this
act shall not be a candidate to succeed the officer. The nomination
of other candidates, the publication of the warrant for the recall
election and the conduct of the recall election shall be carried out
in accordance with the law relating to elections, except as otherwise
provided by this act.
An officer who is subject to a recall election pursuant to this
act shall continue to perform the duties of the office until the recall
election. If the officer is not recalled, the officer shall continue
in the office for the remainder of the officer's unexpired term, subject
to recall as before, except as provided in this act. If the officer
is recalled in the recall election, the officer shall be deemed removed
from the position upon the election of a successor, who shall hold
office during the unexpired term. If the successor fails to take office
within 5 days after receiving notification of the successor's election,
the incumbent shall thereupon be deemed removed and the office vacant.
Ballots used in a recall election conducted pursuant to this
act shall contain the following propositions in the order indicated:
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
an oval above which reads "vote for 1". The voter, by filling in the
oval, may vote for either of the propositions. Under the propositions
shall appear the word "candidates" and the direction "vote for 1",
under which shall appear the names of candidates nominated as provided
in this act. In case of other forms of balloting, appropriate provision
shall be made to allow the same intent of the voter.
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If a majority of the votes cast on the recall question is in
the affirmative, the candidate who received the highest number of
votes in the recall election to fill the vacancy shall be elected.
If a majority of votes on the question is in the negative, the ballot
for candidates shall not be counted.
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An officer who has been recalled from an office pursuant to
this act or who has resigned from office while recall proceedings
were pending against that officer shall not be appointed to a town
office within 2 years after the recall or resignation.
This act shall take effect upon its passage.
[Acts of 2022, Ch. 70, approved 5-24-2022]
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same as follows:
Notwithstanding any general or special law to the contrary,
the executive body of the town of Bolton, previously known as the
board of selectmen, shall be known as the select board and shall have
the powers and authority of a board of selectmen under any general
or special law, by-law of the town or any rule or regulation applicable
thereto.
Notwithstanding chapters 40 and 40A of the General Laws, the
attorney general may approve amendments to the zoning by-law of the
town of Bolton approved pursuant to article 10 at the annual town
meeting of the town of Bolton held on May 3, 2021.
This act shall take effect upon its passage.