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to the town which are in force when the charter takes effect and which are not specifically or by implication repealed directly or indirectly hereby, shall continue in full force and effect until amended or rescinded by due course of law or until they expire by their own limitation.
All town agencies shall continue to perform their duties until reappointed, reelected, or until successors to their respective positions are duly appointed or elected, or their duties have been transferred and assumed by another town agency in accordance with the provisions of this charter.
Any person holding an office or position in the administrative service of the town, or any person serving in the employment of the town shall retain such office or position and shall continue to perform their duties until provisions shall have been made in accordance with the charter for the performance of the said duties by another person or agency.
All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency shall be transferred forthwith to the office, department or agency to which such powers and duties are assigned.
[ATM Art. 35 5-4-2010, 2010; ATM Art. 36 5-4-2010, 2010; ATM Art. 37 5-4-2010, 2010; ATE 4-26-2011, 2011]
This charter shall take effect upon its adoption by the voters of Millbury, except as is hereinafter provided:
(a) 
Forthwith following the election at which this charter is adopted each town agency shall designate some person to represent it at all sessions of the town meeting to be held in this calendar year, in accordance with the provisions of section 2-8.
(b) 
Until such time as the town meeting may act, by by-law, to establish different qualifications for the office, the town manager shall, in addition to the qualifications as stated in section 4-1, have the following specific qualifications, (a) have at least an earned bachelor's level degree from a recognized, accredited college or university, (b) have served full time as the chief administrative officer of a city or town (under any title) for not less than two years. The term "chief administrative officer" shall mean a person who has had major responsibilities in a municipality in most, if not all, of the following areas:
General supervision and management of all administrative agencies of a city or town, but not including schools; direct involvement in the formulation of budget proposals for all municipal offices and agencies and the administration of the budget throughout the fiscal year; purchasing; personnel administration.
(c) 
A screening committee shall consist of nine persons who shall be chosen as follows: the board of selectmen, the school committee, the board of assessors, the finance committee and the personnel board shall each designate one person, and four persons shall be chosen by the town moderator, at least one of whom shall have been a member of the charter commission. Persons chosen by said agencies may, but need not, be members of the agency by which they are designated: appointments made by the town moderator shall be made last in time in order that in making appointments the moderator may, insofar as it may be feasible so to do, appoint persons who will broaden the membership base of the committee to be most representative of the demographic and occupational base of the town.
Not later than the third Thursday in May, in the year in which the charter is adopted, the town clerk shall call and convene a meeting of the several persons chosen as aforesaid who shall meet to organize and to plan a process to advertise the vacancy and to solicit by other means qualified candidates for the office. The committee shall proceed notwithstanding the failure of any town agency to designate its representatives.
The screening committee shall review all applications that are received by it, screen all such applicants it intends to advance by checking and verifying work records and other credentials, and provide for interviews to be conducted with such number of candidates as it deems to be necessary, desirable or expedient.
Not more than one hundred and fifty days following the date on which the committee meets to organize, the committee shall submit to the board of selectmen the names of not less than three nor more than five persons whom it believes to be best suited to perform the duties of the office of town manager.
Within thirty days following the date the list of nominees is submitted to it the board of selectmen shall choose one of the said nominees to serve as town manager. In the event the board of selectmen shall fail to make an appointment within the said thirty days the screening committee shall, forthwith, appoint the town manager.
Upon the appointment of a town manager the committee established hereunder shall be considered discharged.
Until such time as some other provision is made, by by-law, for another screening committee, a committee as above shall be established whenever the office of town manager shall become vacant, provided, however, that in the third paragraph the phrase "thirty days following the date of such vacancy, or pending vacancy, becomes known," shall be substituted for the phrase "the third Thursday in May," and the provision requiring a former member of the charter commission to serve shall be void.
(d) 
Until such time as the town meeting may act, by by-law, to amend, repeal or otherwise revise them, the following provisions shall have the force of town by-laws and shall be construed so as to supercede any contrary or inconsistent provision of any existing by-law:
(1) 
Town Administrative Organization - Until such time as a different form of organization shall be provided, in accordance with the provisions of article 5 of this charter, the following outline of organization shall be operative:
The board of selectmen shall appoint:
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a town manager, selected in accordance with section 8-5(c), to serve for an indefinite term;
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a town counsel, to serve for an indefinite term;
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a board of registrars of voters and other election officers, in the manner provided by general law;
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a board of appeals, as provided in the zoning by-law;
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a conservation commission, to consist of five members, appointed for terms of three years each;
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a Millbury Historical commission, to consist of seven members, appointed for terms of three years each;
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an industrial development financing authority, to consist of five members, appointed for terms of three years each;
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a police chief and other police officers;
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a board of fire engineers;
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a council on aging to consist of eleven members;
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a forest fire warden;
The town manager shall appoint:
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a town accountant, who shall have the powers, duties and responsibilities as provided in General Laws chapter forty-one, sections fifty-five through sixty-one;
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a town treasurer;
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a town collector;
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a town clerk;
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a highway surveyor;
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a tree warden;
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a cemetery commission to consist of three members;
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a sewer commission to consist of three members;
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a parks commission to consist of five members;
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a youth commission to consist of seven members;
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a cultural/(arts) council to consist of five members, appointed annually;
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a Millbury cable television commission to consist of five members appointed annually;
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a development and industrial commission to consist of five members;
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an emergency management director and related emergency management personnel;
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a personnel board to consist of three members;
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a capital budget committee to consist of seven members;
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an inspector of buildings;
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a wire inspector;
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an inspector of gas appliances and gas fittings;
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a plumbing inspector;
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a dog officer;
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a sealer of weights and measures in accordance with the civil service law and rules;
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a parking clerk;
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a right-to-know coordinator;
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a veteran's services director, veteran's agent, veteran's graves officer and burial agent;
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an Asa Waters Mansion Task Force to consist of seven members;
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all other officers, department heads, and employees for whom no other method of selection is provided.
Unless otherwise provided all appointments made by the town manager shall be for a term of three years, appointments to multiple member bodies shall be so arranged that as nearly an equal number of the terms of members as possible shall expire each year.
(2) 
Reports of the Finance Committee - The report of the finance committee shall be printed and copies shall be made available for distribution to every person who shall request a copy thereof at the office of the town clerk, at the public library, and at other places in the town chosen by the finance committee for the convenience of the voters. The reports shall be available at least seven days before the town meeting is to act on any article contained in the warrant for the said town meeting.
(3) 
Time for Submission of Proposed Operating Budgets - For the purpose of section 6-2(b), section 6-3 and section 6-4 the following shall apply: The town manager shall submit a proposed town operating budget to the finance committee not less than sixty days prior to the date on which the town meeting is to convene in its annual session. The school committee shall submit its proposed operating budget to the town manager at least seventy-five days prior to the date on which the town meeting is to convene in its annual session.
(e) 
All town officers and all members of all boards, commissions and committees who have heretobefore been elected and who will henceforth be appointed under the provisions of this charter, shall serve for the balance of the term for which they were elected, unless a vacancy in the office shall have sooner occurred, but their successors shall be appointed.
(f) 
Forthwith following the election at which this charter is adopted a special committee of seven members shall be appointed by the board of selectmen to revise the by-laws of the town in order to fully implement the provisions of this charter. The said committee shall submit a report and recommendations to the town meeting for adoption by a warrant article at a session of the town meeting held not later than the annual town meeting in the year following the year in which the charter is adopted. At least one member of the said committee shall have been a member of the charter commission.