This Charter may be replaced, revised or amended in accordance with any procedure made available under the State Constitution, or by statute enacted in accordance with the State Constitution.
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 provision shall prevail.
A copy of all rules and regulations adopted by Town agencies shall be placed on file in the office of the Town Clerk and made available for review by any person who shall request such information.
Words importing the singular number may extend and be applied to several persons or things.
(a)
Charter and bylaw review. In years ending in a five or in a zero, the Town Moderator shall appoint a special committee of seven members charged with the responsibility to review the then-existing Charter and Bylaws of the Town for the purpose of determining if any amendments or revision may be necessary or desirable. Such review shall be conducted in consultation with Town Counsel or, if the Town Meeting so directs, by special counsel retained for that purpose. A report, with recommendations, shall be submitted to the Town Meeting not more than 10 months following the date such committee is appointed.
(b)
Copies of Charter and Bylaws. Copies of the Charter and Bylaws of the Town, as most recently amended or revised, shall be kept available for distribution to any person who may request the same at the office of the Town Clerk in accordance with the Public Records Law. In any interval between publication of the Charter or Bylaws, as amended or revised, supplements shall be published which shall contain all enactments affecting the Charter or Bylaws since last published in consolidated form.
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 which may hereafter be adopted.
(b)
Days. The word "days" shall refer to business days, not including Saturdays, Sundays and legal holidays when the time set is less than seven days; when the time set is seven days or more, every day shall be counted.
(c)
Emergency. The word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action.
(d)
General Laws. The words "General Laws" shall refer to the General Laws of Massachusetts.
(e)
Local newspaper. The words "local newspaper" shall mean a newspaper of general circulation in the Town of Winchendon.
(f)
Majority vote. The words "majority vote" shall mean a majority of those present and voting, provided a quorum is present when the vote is taken, unless a higher number is required by law or by the rules of the multiple-member body.
(g)
Multiple-member body. The words "multiple-member body" shall mean any Town committee, commission, board, subcommittee or other body consisting of two or more persons; whether elected, appointed, or otherwise constituted.
(h)
Town. The word "Town" shall mean the Town of Winchendon.
(i)
Town agency. The words "Town agency" shall mean any multiple-member body, department, division, or office of the Town of Winchendon.
(j)
Town bulletin boards. The words "Town bulletin boards" shall mean the bulletin board in the Town Hall on which official notices are posted, and those at such other locations within the Town which may, from time to time, be established by the Board of Selectmen.
(k)
Voters. The words "voters" shall mean persons who are registered to vote in the Town of Winchendon.
Whenever a vacancy shall occur in the membership of an appointed multiple-member body, the remaining members shall forthwith give written notice of such vacancy to the appointing authority. If, at the expiration of 30 days following delivery of such written notice to the appointing authority, said appointing authority has not appointed some person to fill the vacancy, the remaining members of the multiple-member body shall fill such vacancy for the remainder of the unexpired term by a majority vote of the remaining members.
If any person appointed to serve as a member of a multiple-member body shall fail to attend six consecutive meetings, or more than 1/2 of all meetings held during one calendar year, the appointing authority may declare the office of such person vacant; provided, however, that prior to the vote on such question written notice of an intention so to do shall be given by the appointing authority in hand, or mailed to the last known address of such person by regular first class and by certified mail.
Any appointed Town officer or member of a multiple-member body, not subject to the provisions of the state Civil Service Law, covered by the terms of a collective bargaining agreement, or employment contract that provides a different method, and appointed for a term set by law or by bylaw, may be (1) suspended by the appointing authority, or (2) after notice and the opportunity for a hearing, removed from office by the appointing authority for good cause. The term "good cause" shall include, but not be limited to, incapacity other than temporary illness, inefficiency, insubordination and conduct unbecoming the office.
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 the original term expires.