(a)
Elective Offices - The offices to be filled by the voters shall be a select board, a board of health, a board of assessors, a town moderator, a town school committee, a planning board, a board of trustees of the library, a board of park commissioners, a housing authority and a redevelopment authority. In addition, members of boards of, or representatives to, regional authorities or districts as may be established by law or by interlocal agreement may be filled by ballot at town elections.
(b)
Town Election - The date for the annual town election shall be established by by-law.
(c)
Compensation - Elected town officials shall receive such compensation as may be appropriated annually; provided, however, that such officials shall not be considered "eligible employees" for purposes of section 2 of chapter 32B of the General Laws unless otherwise meeting the requirements of said section 2 of said chapter 32B.
(d)
Coordination - Notwithstanding their election by the voters, the town officers elected under Section C-3-1 shall be subject to the call of the select board or the town administrator, at reasonable times, for discussion of any matter relating to their respective offices or to the town generally.
(e)
Filling of Vacancies: Elected Officials.
(1)
Multiple-Member Boards - A vacancy in any multiple-member board, other than the select board, shall be filled by a majority of those present and voting at a joint meeting of the select board and the remaining members of such board; provided, however, that a quorum of the select board is present. Such meeting shall be held not earlier than 1 week following the posting of notice at the location utilized for notices posted under sections 18 to 25, inclusive, of chapter 30A of the General Laws. The person chosen to fill any such vacancy shall be a registered voter of the town and shall serve in such office until the next regular town election at which the balance of the unexpired term, if any, shall be filled.
(2)
Select Board - If there is a failure to elect a member of the select board, or if a vacancy occurs on the select board, the remaining members of the select board may call a special election to fill the vacancy or shall call the special election upon the written request of not less than 200 voters filed with the select board not less than 100 days prior to the date of the next annual election.
(3)
Town Moderator - If there is a failure to elect a town moderator or a vacancy occurs in the office, the vacancy shall be filled in accordance with the General Laws.
(4)
Town Clerk - If there is a failure to elect a town clerk or a vacancy occurs in the office, the assistant town clerk shall serve as town clerk until the clerk's successor is elected and sworn at a special or annual town election, whichever occurs sooner.
(f)
Recall of Elected Officials.
(1)
Any holder of an elective office in the town of Plainville may be recalled as herein provided.
(2)
Any 30 registered voters of the town of Plainville may file with the town clerk an affidavit, identifying a "lead petitioner", and containing the name of the officer sought to be recalled and a statement of the grounds of recall, which affidavit shall be sworn under the pains and penalties of perjury. The town clerk shall thereupon notify the lead petitioner that petition blanks demanding such recall are available, printed forms of which the clerk shall keep on hand. The blanks shall: (i) be issued by the town clerk with the clerk's signature and official seal attached thereto; (ii) be dated and addressed to the select board of the town; (iii) contain the names of the first 10 registered voters listed on the affidavit, the name of and office held by the person sought to be recalled and the grounds of recall as stated in the affidavit; and (iv) demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. The recall petition shall be returned and filed with the town clerk not later than the first business day following 20 days after the notice to the lead petitioner that petition blanks are available. The petition shall be signed by 15 per cent of the registered voters in the town as of the immediately preceding annual town election and include the place of residence of the signer, giving the street and number. The registrars of voters shall within 5 business days certify thereon the number of signatures that are names of voters of the town.
(3)
If the petition shall be found and certified by the board of registrars to be sufficient, the town clerk shall not more than 5 business days after certification submit the petition to the select board with the town clerk's certificate. The select board shall within 5 business days give written notice to the officer against whom the recall is sought of the receipt of the certificate and shall, if the officer does not resign within 5 business days thereafter, thereupon order an election to be held on a Tuesday fixed by the board not less than 64 but not more than 90 days after the date the election is called; provided, however, that if any other town election is to occur within 90 days after the date of the town clerk's certificate, the select board may, in its discretion, postpone the holding of the recall election to the date of the other town election. If a vacancy occurs in said office after a recall election has been so ordered, the election shall nevertheless proceed as provided herein.
(4)
Any officer sought to be recalled may be a candidate to succeed himself and, unless the officer requests otherwise in writing, the town clerk shall place his name on the official ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the recall election shall be in accordance with the provisions of law relating to elections unless otherwise provided in this act.
(5)
The incumbent shall continue to perform the duties of the office until the recall election. If then recalled and reelected, the incumbent shall continue in office for the remainder of the unexpired term, subject to recall as before, except as provided in Article 7. If recalled but not reelected in the recall election, the incumbent shall be deemed removed upon the qualification of the incumbent's successor, who shall hold office during the unexpired term. If the successor fails to qualify within 15 days after receiving written, certified notification of the successor's election, the office shall be deemed vacant.
(6)
Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer and office) |
Against the recall of (name of officer and office) |
Under the propositions shall appear the word "Candidates", the directions to voters required by section 42 of chapter 54 of the General Laws and the names of candidates for the office. |
If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question is in the negative, the ballots for the candidates need not be counted. |
(7)
No recall petition shall be filed against an officer of the town within 3 months after the officer takes office or less than 3 months prior to the end of the term for which the officer was elected nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least 6 months after the recall election.
(8)
No person who has been recalled from a town office or who has resigned from office following the filing of a recall petition shall be appointed to any town office within 2 years after such recall or resignation. This section shall not preclude any person from running for elected office within the town.