The charter may be replaced, revised or amended in accordance
with any procedure made available by article LXXXIX of the amendments
to the constitution of the commonwealth and any laws of the commonwealth
enacted to implement said article LXXXIX.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
Commencing in the year 2010 and at least every five (5) years
after submission of the report and the date of the public hearing
thereafter, a charter review committee shall be appointed by the select
board for the purpose of reviewing the provisions of the charter and
to make reports concerning any proposed amendments or revisions which
such committee deems necessary and such report shall be presented
to the select board within twelve (12) months after the charter review
committee's first meeting. The select board shall hold a public hearing
on the report's recommendations within sixty (60) days after the report
is presented to the board. The twelve (12) month period may be extended
by the select board.
The provisions of the charter are severable. If any of the provisions
of the charter shall be held to be unconstitutional or invalid, the
remaining provisions of the charter shall not be affected thereby.
If the application of the charter or any of its provisions to any
person or circumstances is held to be invalid, the application of
said charter and its provisions to other persons or circumstances
shall not be affected thereby.
The following rules shall apply when interpreting the charter:
(a) To the extent that any specific provision of the charter shall conflict
with any provision expressed in general terms, the specific provision
shall prevail.
(b) Words imparting the singular number may extend and be applied to
several persons or things; words imparting the plural number may include
the singular; and words imparting the masculine gender shall include
the feminine gender.
(c) All references to the general laws or the laws of the commonwealth
shall refer to the General Laws and shall include any amendments or
revisions thereto or to the corresponding chapters and sections of
any rearrangement of the General Laws enacted subsequent to the adoption
of the charter.
(d) In computing time under the charter, if seven (7) days or less, only
business days shall be counted; if more than seven (7) days, every
day shall be counted except that if the last day counted in a computation
does not fall on a business day, the last day of computation shall
be extended to the next business day thereafter.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
The following words, as used in the charter, shall have the
following meanings, unless another meaning is clearly apparent from
the manner in which the word is used:
"Business day", any day on which the town hall is open to the
public to conduct business.
"Charter", the charter and any amendments made through any methods
provided under article LXXXIX of the amendments to the constitution.
"Commonwealth", the commonwealth of Massachusetts.
"Ex-officio", a member of any multiple member body who serves
by virtue of his or her office or position.
"Emergency", a sudden, unexpected, unforeseen happening, occurrence
or condition which necessitates immediate action or response.
"Law", any statute enacted by the General Court or any statute
enacted by the Congress of the United States and whether otherwise
called a General Law or a special law or a public law.
"Majority vote", a majority of those present and voting, provided
that a quorum is present when a vote is taken, unless a higher number
is required by law or the charter.
"Multiple member body", any board, commission, committee, sub-committee
or other body consisting of three (3) or more persons whether elected,
appointed or otherwise constituted, but not including the select board
or the school committee.
"Town", the town of Ashland.
"Town agency", any board, commission, committee, department
or office of town government, whether elected, appointed or otherwise
constituted.
"Voters", the registered voters of the town.
All bylaws, resolutions, rules, regulations and votes of town
meeting which are in force at the time the charter is amended and
that are not inconsistent with the provisions of the charter, shall
continue in force until further amended or repealed.
Where provisions of the charter conflict with provisions of
town bylaws, rules, regulations, orders, town meeting votes and acceptances
of General Laws, the charter provisions shall govern.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
The select board shall develop a code of conduct provided it
is consistent with the law and applicable to all elected offices and
elected and appointed multiple member bodies, the select board and
the school committee. The code of conduct shall be approved by town
meeting.