Article 2 LEGISLATIVE BRANCH

Composition - There shall be a Town Council of nine members which shall exercise the legislative powers of the Town. Five of these members, to be known as "Councilors-at-Large," shall be nominated and elected by and from the voters at large. Four of these members, to be known as "District Councilors," shall be nominated and elected by the voters in each district, one such District Councilor to be elected from each of the four districts into which the Town is divided, in accordance with Section 7-4.

Term of office - The term of office for all Town Councilors shall be for two years each, beginning on the first secular day of January in the year following their election, and until their successors have been qualified.

Eligibility - Any voter shall be eligible to hold the office of Councilor-at-Large. A District Councilor shall at the time of election be a voter of the district from which elected; provided, however, if any District Councilor shall during the first 18 months of the term of office remove to another district in the Town, such office shall be deemed vacant and the balance of the unexpired term shall be filled in the manner provided in Section 2-11. If such removal occurs after the first 18 months of the term of office, such Councilor may continue to serve for the balance of the term for which elected. If a Councilor-at-Large or a District Councilor removes from the Town during the term for which elected, such office shall immediately be deemed vacant and filled in the manner provided in Section 2-11.

SECTION 2-2 COUNCIL PRESIDENT.

Election and term - As soon as practicable after the Councilors-elect have been qualified following each biennial election, the members of the Town Council shall elect from among its members a Council President who shall serve during the ensuing term of office.

Powers and duties - The Council President shall preside at all meetings of the Town Council, regulate its proceedings and shall decide all questions of order. The Council President shall appoint all members of all committees of the Town Council, whether special or standing. The Council President shall have the same powers to vote upon all measures coming before the Town Council as any other member of the Town Council. The Council President shall perform such other duties consistent with the office as may be provided by Charter, by ordinance or by other vote of the Town Council.

Council Vice President - The members of the Town Council shall also elect from among its members a Council Vice President who shall serve as Acting President during the temporary absence or disability of the Council President during the ensuing term of office. The powers of an Acting Council President shall be limited to only those powers of the President as may be necessary to the conduct of the business of the Town Council in an orderly and efficient manner and which may not be delayed.

(d)

Vacancies - If a vacancy shall occur in the offices of either President or Vice President, the Council, at its next regularly scheduled meeting, shall elect from among its members a successor to the office of President or to the office of Vice President. If at such meeting the Vice President is elected to the office of President, the Council, at the same meeting, shall elect a successor to the office of Vice President.

[Added 11-8-2005]

SECTION 2-3 PROHIBITIONS.

No member of the Town Council shall hold any other Town office or Town employment for which a salary or other emolument is payable from the Town treasury. No former member of the Town Council shall hold any compensated appointed Town office or Town employment until one year following the date on which such former member's service on the Town Council has terminated. This provision shall not prevent a Town officer or other Town employee who has taken a leave of absence in order to serve as a member of the Town Council from returning to the same office or other position of Town employment held at the time such leave of absence commenced; provided, however, no such person shall be eligible for any other municipal position until at least one year following the termination of service as a member of the Town Council.

SECTION 2-4 COMPENSATION; EXPENSES.

Salary - The Town Council may, by ordinance, provide an annual salary for its members. No ordinance increasing such salary shall be effective, however, unless it shall have been adopted during the first 12 months of a term of office and it provides that such salary is to take effect with the organization of the Town government following the next biennial election.

SECTION 2-6 EXERCISE OF POWERS; QUORUM; RULES.

Expenses - Subject to appropriation, the Council members shall be entitled to reimbursement of their actual and necessary expenses in the performance of their duties.

SECTION 2-5 GENERAL POWERS.

Except as otherwise provided by general law or by this Charter, all powers of the Town shall be vested in the Town Council, which shall provide for their exercise and for the performance of all duties and obligations imposed upon the Town by law.

Exercise of Powers - Except as otherwise provided by general law or by this Charter, the legislative powers of the Town Council may be exercised in a manner determined by it.

Quorum - The presence of five members shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time. Except as otherwise provided by general law or by this Charter, the affirmative vote of five members shall be required to adopt any ordinance or appropriation order.

Rules of procedure - The Town Council shall from time to time adopt rules regulating its procedures, which shall be in addition to the following:

(i)

Regular meetings of the Town Council shall be held at a time and place fixed by ordinance.

(ii)

Whenever a special meeting shall be called, a notice in writing, signed by the Mayor or the Councilors calling the meeting, shall be served on the Council President first, and then filed with the Clerk of the Council, and then served upon each member of the Council either in person or by notice left at their place of residence, stating the date and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted at the meeting except such as is stated in the notice. Notices left at a place of residence must include the date and time of the delivery and be signed by the person delivering the notice.

[Amended 11-3-2015]

(iii)

All sessions of the Town Council and of every committee or subcommittee thereof, shall at all times be open to the public, unless another provision is made by law.

(iv)

A full, accurate, up-to-date account of the proceedings of the Town Council shall be kept, which shall include a record of each vote taken, and which shall be made available with reasonable promptness following each meeting.

(v)

Provision shall be made for a specific portion of time to be available, at all regular meetings of the Town Council, for citizens to address the Council.

SECTION 2-7 ACCESS TO INFORMATION.

In general - The Town Council may make investigations into the affairs of the Town and into the conduct and performance of any Town agency and for this purpose may subpoena witnesses, administer oaths and require the production of evidence.

Town officers, members of Town agencies, employees - The Town Council may require any Town officer, member of a Town agency or Town employee to appear before it to give such information as the Town Council may require in relation to the municipal services, functions, powers, or duties which are within the scope of responsibility of such person and within the jurisdiction of the Town Council.

SECTION 2-8 OFFICERS ELECTED BY TOWN COUNCIL.

Mayor - The Town Council may require the Mayor to provide specific information to it on any matter within the jurisdiction of the Town Council. The Town Council may require the Mayor to appear before it, in person, to provide specific information on the conduct of any aspect of the business of the Town and to respond to written questions made available to the Mayor at the time the demand to attend is made to the Mayor. The Mayor may bring to such meeting any assistant, department head or other Town officer or employee the Mayor may deem necessary to assist in responding to the questions posed by the Town Council.

(d)

Notice - The Town Council shall give not less than five days' notice to any person it may require to appear before it under the provisions of this section. The notice shall include specific questions on which the Town Council seeks information, and no person called to appear before the Town Council under this section shall be required to respond to any question not relevant or related to those presented in advance and in writing. Notice shall be by delivery in hand, or by registered or certified mail to the last known place of residence of any such person.

Budget/Management Analyst - The Town Council shall elect a Budget/Management Analyst to serve for a term of three years and until a successor is chosen and qualified. The Budget/Management Analyst shall perform a legislative oversight and a post-audit function and shall not be involved in the day-to-day administrative detail of the financial operations of the Town. The Budget/Management Analyst shall have free access to all books, accounts, bills and vouchers of the Town and shall continuously review and examine the same. The Budget/Management Analyst shall make periodic reports thereon to the Town Council, with such frequency as the Town Council by ordinance, by rule or by other vote may direct, but not less frequently than quarterly. All officials of the Town shall cooperate with the Budget/Management Analyst in the performance of this oversight function. The Budget/Management Analyst shall have such other powers and duties as may be provided by Charter, by ordinance or by other vote of the Town Council.

Town Clerk - The Town Council shall elect a Town Clerk to serve for a term of three years and until a successor is chosen and qualified. The Town Clerk shall have the powers and duties relating to the keeping of records and vital statistics, the regulation and conduct of elections and the issuance of licenses as are provided to town clerks by general laws and such additional powers and duties as may be provided by general laws, by Charter, by ordinance or by other vote of the Town Council.

SECTION 2-9 ORDINANCES AND OTHER MEASURES.

Clerk of the Council - The Town Council shall elect a Clerk of the Council, who may be the Town Clerk, to serve for a term of two years and until a successor is chosen and qualified. The Clerk of the Council shall give notice of its meetings to its members and to the public, keep the minutes of its proceedings and perform such other duties as may be provided by ordinance or by other vote of the Town Council.

(d)

Salaries/Compensation - The officers elected by the Town Council shall receive such salaries or other compensation as may from time to time be provided for such office, by ordinance.

(e)

Removal/Suspension - Any person elected by the Town Council may be removed or suspended by the Town Council by the use of procedures substantially the same as those contained in Section 3-4(b).

Emergency ordinances - No ordinance shall be passed finally on the date it is introduced, except in case of emergency involving the health or safety of the people or their property.

No ordinance shall be regarded as an emergency ordinance unless the emergency is defined and declared in a preamble to such ordinance, separately voted upon and receiving the affirmative vote of six or more members of the Town Council.

Emergency ordinances shall stand repealed on the 61st day following their adoption, unless an earlier date is specified in the measure, or unless a second emergency measure adopted in conformity with this section is passed extending it, or unless a measure passed in conformity with the procedures for measures generally has been passed extending it.

Measures, in general - The Town Council may pass a measure through all of its stages at any one meeting, except proposed ordinances, appropriation orders and loan authorizations, provided that no member of the Town Council shall object; but, if any single member objects, a vote on the measure shall be postponed to the next meeting of the Town Council.

On the first occasion that the question of adopting any measure is put to the Town Council, except an emergency measure as defined in Section 2-9(a), if a single member objects to the taking of a vote, the vote shall be postponed until the next meeting of the Town Council, regular or special. If, when the matter is next taken up for a vote, four or more members object to the taking of the vote, the matter shall be further postponed for not less than an additional five days. This procedure shall not be used more than once for any measure notwithstanding any amendments made to the original measure.

SECTION 2-10 COUNCIL REVIEW OF CERTAIN APPOINTMENTS.

Publication - Every proposed ordinance, appropriation order or loan authorization [except emergency ordinances as provided in Section 2-9(a)], shall be published once in full in a local newspaper, and in any additional manner as may be provided by ordinance, at least 10 days before its final passage. After final passage it shall be posted on the Town bulletin board and otherwise published as may be required by ordinance; provided, however, that whenever a proposed ordinance or codification of ordinances or other measure would exceed in length more than 10 column inches of ordinary newspaper notice print, then in lieu of publication in a local newspaper, the same may be published and made available at the office of the Town Clerk in booklet or pamphlet form, and if so published and available at least 10 days before its final passage shall be deemed sufficient notice. Whenever the Town Council provides for publication in a booklet or pamphlet in lieu of the newspaper publication, it shall, at least 10 days before final passage, publish in a local newspaper a general summary of the proposed ordinance, or ordinances, and a notice stating the times and places at which copies of the booklet or pamphlet may be obtained by the public.

The Mayor shall submit to the Town Council the name of each person the Mayor desires to appoint as a member of a multiple-member body, The Town Council shall refer each such name as is submitted to it to a standing committee of the Town Council which shall investigate each such candidate for appointment and shall make a report, with recommendations, to the full Town Council not less than seven nor more than 30 days following such referral.

Appointments made by the Mayor shall become effective on the 35th day following the date on which notice of the proposed appointment was filed with the Clerk of the Council, unless the Town Council shall within the said 30 days vote to reject such appointment. The votes of at least six members shall be necessary to reject an appointment proposed by the Mayor. The question on rejection of any appointment made by the Mayor shall not be subject to the procedure of Charter objection provided in Section 2-9(b) of this Charter.

SECTION 2-11 FILLING OF VACANCIES.

Councilor-at-Large - If a vacancy shall occur in the office of Councilor-at-Large before the last six months of the term for which Councilors are elected, the vacancy shall be filled in descending order of votes received by the candidate for the office of Councilor-at-Large at the preceding Town election who received the largest number of votes without being elected, provided such person remains eligible and willing to serve and provided such person received votes at least equal to 30% of the vote total received by the person receiving the largest number of votes for the office of Councilor-at-Large at the said election. The Town Clerk shall certify such candidate to the office of Councilor-at-Large to serve for the balance of the then unexpired term.

If a vacancy shall occur in the office of Councilor-at-Large during the last six months of the term for which Councilors-at-Large are elected, such vacancy shall be filled by the person at the biennial Town election who receives the highest number of votes for the office of Councilor-at-Large and who is not then serving as a member of the Town Council. Such person shall forthwith be certified and shall serve for the last two months of the concluding term in addition to the term for which such person was elected.

District Councilor - If a vacancy shall occur in the office of District Councilor it shall be filled in the same manner as provided in Section 2-11(a) for the office of Councilor-at-Large, except that the list shall be of the candidates for the office of District Councilor in the district in which the vacancy occurs; provided, however, if there be no candidate on such list who remains eligible and willing to serve the next highest ranking candidate from among the candidates for election to the Council at large who is a resident of the district in which the vacancy exists shall be certified and shall serve until the next regular election, provided such candidate remains a resident of the district, is willing to serve as a District Councilor and received votes in the district at least equal to 30% of the vote total received by the person receiving the largest number of votes for the office of District Councilor at the said election. The Town Clerk shall certify such candidate to the office of District Councilor to serve for the balance of the then unexpired term.