(a)
Elective offices. The Town offices to be filled by the voters shall be Board of Selectmen, School Committee, Town Moderator, and Board of Health. In addition, four members of a Housing Authority and representatives to regional authorities or districts established by law or interlocal agreement may also be filled by the voters.
(b)
Eligibility. Any voter shall be eligible to hold any elective Town office; provided, however, that a person shall not simultaneously hold more than one elected Town office listed in the first sentence of Section 3-1(a).
(c)
Terms. The terms of all elected officials shall begin on July 1.
(d)
Town election. The annual election of Town officers, representatives to regional authorities or districts and for the determination of questions to be referred to the voters shall be held on such date as may from time to time be provided by bylaw.[1]
(e)
Conflict of meetings. The Board of Selectmen and the School Committee shall establish the schedule of their regular meetings so as to assure that regular meetings of the multiple-member bodies are not in conflict with one another.
(f)
Recall of elected officers.
1.
Application. Any holder of an elected Town office who has held such office for at least six months, and who has more than six months remaining in office, may be recalled and removed from office by the registered voters of the Town in the manner provided by this section.
2.
Filing of affidavit. Any registered voters of the Town comprising no less than 5% of the total number of voters registered at the most recent annual Town election may file with the Town Clerk an affidavit signed under the penalties of perjury containing the name and office of the officer sought to be recalled and stating the specific grounds for recall. Grounds for recall shall include: lack of fitness for office, corruption, neglect of duties, misfeasance or malfeasance. The individual filing the affidavit shall be deemed the "lead petitioner" for purposes of Article 3.
3.
Preparation and filing of petition. No later than five business days after the filing of the affidavit, the Town Clerk shall issue petition blanks demanding said recall by notifying the lead petitioner that petitions are available in the office of the Town Clerk. The Town Clerk shall keep printed forms available in the office. The blanks shall be addressed to the Board of Selectmen, contain the names of the first 10 persons named on the petition, the name and office of the officer whose recall is sought, and the grounds for recall as stated in the affidavit. The petition shall demand the election of a successor to the office and be dated and signed by the Town Clerk. The recall petitions shall be returned to the office of the Town Clerk within 20 days following the date they are issued, signed by at least 15% of the total number of registered voters.
4.
The Town Clerk shall, within 24 hours following such filing, and excluding Saturdays, Sundays, legal holidays and any other day on which Town Hall is closed, submit the petitions to the Board of Registrars of Voters, which shall, within 10 days thereafter, certify thereon the number of signatures which are the names of voters.
5.
Order for recall election. If the petitions shall be certified by the Registrars of Voters to be sufficient, the Town Clerk shall forthwith submit the same with a certificate to the Board of Selectmen. Upon its receipt of the certified petition, or following the resolution of any objections thereto in accordance with the provisions of MGL c. 55B, § 7, whichever is later, the Board of Selectmen shall forthwith meet in accordance with MGL c. 30A, §§ 18 through 25 and give notice, in writing, of said petition to the officer whose recall is sought. If said officer does not resign the office within five business days following delivery of the said notice, the Board of Selectmen shall order a special election to be held not less than the minimum number of days required by the General Laws to fill a vacancy by election in a Town office pursuant to MGL c. 41, § 10 and MGL c. 53, §§ 7 and 10, nor more than 100 days after the date of the certification of the Town Clerk that the petition is sufficient; provided, however, if a regular Town election is to be held within said 100 days, the question of recall shall appear on such regular election ballot. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, but only the ballots for candidates need be counted.
6.
Recall election. Any officer sought to be recalled may be a candidate at such recall election, and unless such candidate requests otherwise in writing, the Town Clerk shall place the officer's name on the official ballot without nomination. The number of signatures of voters required to place the name of a candidate on the official ballot for use at a recall election shall be in accordance with the General Laws regulating elections. The publication of the warrant for the recall election and the conduct of the recall election shall be in accordance with the General Laws regulating elections.
Ballots used at the recall election shall state the propositions in the order indicated:
For the Recall of (name of officer as appearing on the voters list) from the office of (name of office)
Against the Recall of (name of officer as appearing on the voters list) from the office of (name of office)
There shall be a place to vote for either of said propositions. After the said propositions shall appear the word "candidates" and the names of candidates arranged alphabetically. If a majority of the votes cast on the proposition is against the recall, the votes for candidates need not be counted. If the majority of the votes cast is in favor of the recall, the officer shall be deemed to be recalled and the ballots for candidates shall then be counted and the candidate receiving the highest number of votes shall be declared elected, and shall forthwith take the oath of office.
7.
Incumbent. The incumbent shall continue to hold office and to perform the duties until the recall election, unless the officer sooner resigns. If the officer is not then recalled, the officer shall continue in office, and shall not be subject to recall for the remainder of the unexpired term.
8.
If the officer is recalled, the officer shall be deemed removed upon certification of the election results. The candidate who receives the highest number of votes shall, upon qualification for office, serve for the balance of the unexpired term.