This Charter may be replaced, revised or amended in accordance
with any procedures made available under the state constitution and
any statutes enacted to implement the said constitutional provisions.
The provisions of this charter are severable. If any provision
of this charter is held invalid, the other provisions of this charter
shall not be affected thereby. If the application of this charter
or any of its provisions to any person or circumstances is held invalid,
the application of this charter and its provisions to other persons
and circumstances shall not be affected thereby.
To the extent that any specific provision of this charter shall
conflict with any provision expressed in general terms, the specific
provisions shall prevail.
[ATM Art. 20, 5-3-2022]
Words importing the singular number may extend and be applied
to several persons or things; words importing the plural number may
include the singular; words importing the feminine gender shall include
the masculine gender; words importing the masculine gender shall include
the feminine gender. Words importing the singular number may extend
and be applied to several persons or things; words importing the plural
number may include the singular; words importing any specific gender
identity shall include any and all gender identities.
[ATM Art. 19, 5-3-2022]
A copy of all rules and regulations adopted by any Town agency
shall be filed in the office of the town clerk before any such rule
or regulation shall become effective, and copies shall be made available
for review by any person who requests such information. No rule or
regulation adopted by any town agency shall become effective until
ten days following the date it has been so filed in the office of
the town clerk.
[ATM Art. 19, 5-3-2022]
Any appointed town officer, member of a multiple member body
or employee of the Town, not subject to the provisions of the state
civil service law, or covered by the terms of a collective bargaining
agreement which provides a different method, and whether appointed
for a fixed or an indefinite term, may be suspended or removed from
office, without compensation, by the appointing authority for good
cause. The term cause shall include, but not be limited to the following:
incapacity other than temporary illness, inefficiency, insubordination
and conduct unbecoming the office.
Any appointed officer, member of a multiple member body or employee
of the Town may be suspended from office by the appointing authority
if such action is deemed by said appointing authority to be necessary
to protect the interests of the town. However, no suspension shall
be for more than fifteen days. Suspension may be coterminous with
removal and shall not interfere with the rights of the officer or
employee under the removal procedure given below.
The appointing authority when removing any such officer, member
of a multiple member body or employee of the Town shall act in accordance
with the following procedure:
(a) A
written notice of the intent to remove and a statement of the cause
or causes therefor shall be delivered in hand, or by certified mail,
return receipt requested, to the last known address of the person
sought to be removed.
(b) Within
five days following delivery of such notice the officer, member of
a multiple member body or employee of the Town may request a public
hearing at which such person may be represented by counsel, shall
be entitled to present evidence, call witnesses and to question any
witness appearing at the hearing.
(c) Between
one and ten days after the public hearing is adjourned, or if the
officer, member of a multiple member body or employee of the Town
fails to request a public hearing between six and fifteen days after
delivery of the notice of intent to remove, the appointing authority
shall take final action, either removing the officer, member of a
multiple member body or employee of the Town or notifying such person
that the notice is rescinded. Failure of the appointing authority
to take any action within the time periods as stated in this section
shall be deemed to be a recision of the original notice and the officer,
member of a multiple member body or employee shall, forthwith, be
reinstated.
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 term for which such person was appointed
has expired.
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Whenever a vacancy occurs in any town office, position or employment,
or whenever by reason of a pending retirement or expiration of a fixed
term a vacancy can be anticipated, the appointing authority shall
forthwith cause public notice of such vacancy to be posted on the
town bulletin board for not less than ten days. Such notice shall
contain a description of the duties of the office, position or employment
and a listing of the necessary or desirable qualifications to fill
the office, position or employment. No permanent appointment to fill
such office, position or employment shall be effective until fourteen
days following the date such notice was posted to permit reasonable
consideration of all applicants. This section shall not apply to positions
covered by the civil service law and rules or if in conflict with
the provisions of any collective bargaining agreement.
If any person appointed to serve as a member of a multiple member
body shall fail to attend five or more consecutive regular meetings,
or one-half or more of all of the meetings of such body held in one
calendar year, the remaining members of the multiple member body may,
by a majority vote of the remaining members of such body, declare
the office to be vacant, provided, however, that not less than ten
days prior to the date said vote is scheduled to be taken the body
has given in hand, or mailed, by certified mail, return receipt requested,
notice of such proposed or pending vote to the last known address
of such person.
[ATM, Art. 23, 5-3-2022]
All general laws, special laws, town by-laws, votes, rules and
regulations of or pertaining to the town which are in force when the
charter takes effect and which are not specifically or by implication
repealed directly or indirectly hereby, shall continue in full force
and effect until amended or rescinded by due course of law or until
they expire by their own limitation.