11-1-1.
Except as provided for in this chapter, this Charter shall be
in full effect on the first day of October following its adoption
by the voters.
11-1-2.
This Charter shall be in partial effect upon its adoption by
the voters to permit the Select Board to immediately commence to search
for a Town Manager. The provisions of 4-1-3 shall be inapplicable
to the first Town Manager search and appointment made under this Charter,
and the appointment shall be made effective as of the first day of
September following its adoption.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
11-2-1.
Except as specifically provided in this Charter all General
Laws, special laws, Town by-laws, votes, rules and regulations pertaining
to the Town which are in force when this Charter takes effect and
which are not inconsistent with the provisions of this Charter shall
continue in full force and effect until amended or rescinded by due
course of law or expire by their own limitation.
11-3-1.
Except as specifically provided in this Charter, all committees,
commissions, councils, boards, departments, offices and other agencies
of the Town shall continue in existence and their incumbents shall
continue to perform their duties until not reappointed, reelected,
or until successors to their respective positions are duly appointed
or elected or their duties have been transferred.
11-4-1.
Any person serving in the employment of the Town shall retain
such position and shall perform his duties until provisions shall
have been made in accordance with this Charter for the performance
of said duties by another person or agency; provided, however, that
no person in the permanent, full-time service or employment of the
Town shall forfeit his pay grade or time in service. All such persons
shall be retained in a capacity as similar to their former capacity
as it is practical so to do and shall be eligible for appointment
to a position at a higher pay grade.
11-4-2.
All elected officers in office on the first day following the
adoption of this Charter shall each be allowed to complete his term
of office. At the expiration of said term, said incumbents shall be
eligible for appointment to an appointed position in the Town's employ.
11-5-1.
All records, property and equipment whatsoever of any office,
department, or agency or part thereof, the powers and duties of which
are assigned in whole or in part to another office or agency, are
assigned to such office or agency.
11-6-1.
The provisions of this Charter which relate to the establishment
of a Division of Public Works shall become effective 60 days after
the Town Manager has been appointed. Upon this date, the Highway Surveyor
shall become subject to the direction of the director of the division,
for the remainder of his elected term of office. Upon the expiration
of his term of office, the office shall be discontinued, and the incumbent
shall be eligible for appointment to a similar position in the Division
of Public Works.
11-6-2.
The terms of office of the incumbent members of the Board of
Public Works shall continue to their normal expiration. As the term
of each incumbent expires, the position may be filled by the Town
Manager with the approval of the Select Board for a term of one year.
The Board shall continue to discharge its duties until the Board is
abolished in accordance with the provisions of clause 4-6-1, and its
powers and duties are reassigned to the Director of Public Works.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
11-7-1.
The terms of office of the incumbent members of the Board of
Assessors shall continue to their normal expiration. As the term of
an incumbent expires, the position may be filled by the Town Manager
with the approval of the Select Board for a term of one year. The
Board shall continue to discharge its duties until its powers and
duties are reassigned in accordance with the provisions of clause
4-6-1.
11-8-1.
The terms of office of the incumbent members of the Planning
Board shall continue to their normal expiration. As the terms of office
of Planning Board members expire, such positions shall be filled by
appointment for a term of three years.
11-9-1.
On the effective date of this Charter, the Board of Fire Engineers,
the Personnel Board, and the Capital Budget Committee shall be discontinued.
11-9-2.
The Board of Public Works established by Chapter 379 of the
Acts of 1906 may be abolished in accordance with the provisions of
clause 4-6-1.
11-10-1.
This Charter may be replaced, revised, or amended in accordance
with the procedures made available by Article 89 of the Amendments
to the Constitution of the Commonwealth, commonly known as the Home
Rule Amendment, and MGL Chapter 43B, commonly known as the Home Rule
Procedures Act.
11-11-1.
Unless another meaning is clearly apparent, from the manner
in which the word is used, the following words as used in this Charter
shall have the following meanings:
(a)
Charter. The word "Charter" shall mean this Charter
and any amendments to it made through any of the methods provided
under Article 89 of the Amendments to the Constitution of the Commonwealth.
(b)
Town. The word "Town" shall mean the Town of North
Andover.
(c)
Town agency. The words "Town agency" shall mean
any board, commission, committee, department or office of 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 North Andover.
(f)
Multi-member body. The words "multi-member body"
shall mean any board, commission or committee of the Town consisting
of two or more persons, whether appointed or elected.
(g)
Certification. The word "certification" shall mean
that person has been declared elected and sworn to the faithful performance
of duty by the Town Clerk.
(h)
He/she/his. The words "he/she" or "his" or any
use of a masculine noun or pronoun in this Charter shall include the
feminine.
(i)
Elected officer. The words "elected officer" as
used in 11-4-2 shall mean the Town Clerk, the Highway Surveyor, the
Collector-Treasurer, and any other individual elected office, abolished
or made appointive by this Charter.
