The organization of the town into operating agencies may be accomplished through either method provided in this section.
(a)
Bylaws.
Subject only to express prohibitions in the constitution, the general laws or the charter, the town meeting may, by bylaw, reorganize, consolidate, or abolish any town agencies in whole or in part and establish such new town agencies as it deems necessary or advisable. It may prescribe the functions of any town agency; provided, however, that no function assigned by the charter to a particular town agency may be discontinued or, unless the charter so provides, assigned to any other.
(b)
Administrative Code.
Subject only to express prohibitions in the constitution, the general laws or the charter, the select board, after consultation with the town manager, may from time to time prepare and submit to the town meeting for approval as an administrative code a plan of organization or reorganization, or amendments to any existing plan, for the orderly, efficient or convenient conduct of the business of the town.
The select board may, through an administrative code, reorganize, consolidate or abolish any town agencies in whole or in part and establish such new town agencies as it deems necessary or advisable. It may prescribe the functions of any town agency and, for such purpose, transfer the powers and duties and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriations of one town agency to another; provided, however, that no function assigned by the charter to a particular town agency may be discontinued, or unless the charter specifically so provides, assigned to any other.
Whenever the select board prepares such a plan, it shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper not less than seven days in advance, which notice shall describe the scope of the proposal and the time and place at which the hearing shall be held. Following such public hearing, the select board shall submit to the town meeting, by warrant article, its proposal, which it may have modified subsequent to the public hearing.
An organization or reorganization plan shall become effective at the expiration of ninety days following the date of the town meeting at which the proposal is submitted, unless the town meeting shall, by a majority vote within that time, vote to disapprove the plan.
The town meeting may vote only to approve or disapprove the plan and may not vote to amend or alter it.