All general laws, special laws, town bylaws, town meeting votes, and rules and regulations of or pertaining to the town that are in force when this charter takes effect and not specifically or by clear implication repealed hereby, shall continue in full force and effect until amended or rescinded by due course of law or until they expire by their own limitation.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 or re-elected, or until successors to their respective positions are duly appointed or elected, or until their duties have been transferred.
Any person holding a town office or employment under the town shall retain such office or employment and shall continue to perform his duties until provisions shall have been made in accordance with the charter for the performance of the said duties by another person or agency. No person in the permanent full-time service or employment of the town shall forfeit his pay grade or time in service. Each such person shall be retained in a capacity as similar to his former capacity as is practical.
All records, property and equipment whatsoever of any agency or part thereof, the powers and duties of which are assigned in whole or in part to another agency, shall be transferred forthwith to such assigned agency.
The charter shall become fully effective upon its approval by the voters, except as otherwise provided in this section:
(a)
Not more than forty-five days after the election at which the charter is adopted, the moderator shall appoint a special committee of seven members to review the existing bylaws of the town and to make a report with recommendations to the town meeting in the year following the year in which the charter is adopted, in accordance with the publication, hearing and reporting requirements established in section 7-9.
(b)
Not later than September 15 in the year in which the charter is adopted, the select board shall prepare and publish a preliminary report concerning a proposed division of the town into eight precincts as required by section 2-2. Not later than October 15 of the said year, the select board shall conduct a public hearing on the said preliminary proposal. The final report of the select board providing for eight precincts shall be filed not later than November 15 in the year in which the charter is adopted. The census data to be used shall be the most recent available in the year in which the charter is adopted.
(c)
The establishment of the eight precincts as provided in (b) above shall be effective for the purposes of the annual town election in the year following the year in which the charter is adopted. The annual town election shall be held on the last Tuesday of March in said year.
(d)
At the annual town election in the year following the year in which the charter is adopted, one hundred and ninety-two representative town meeting members shall be elected in accordance with the procedures provided in section 2-4, twenty-four to be elected from each of the eight precincts. Each candidate for town meeting member shall file nomination papers signed by ten voters of the precinct as provided in section 2-3(b). Any candidate for town meeting member who is serving as a town meeting member at the time of said election shall have an asterisk (*) beside his name on the official election ballot. The order of names on the ballot shall be as provided in section 7-11. Upon the election and qualification of a majority of the members as herein provided, all other terms of office of town meeting members created at earlier elections shall terminate.
(e)
The provisions of section 2-5(c) shall not become effective until such time as the town meeting, by bylaw or other meeting vote shall adopt procedures for its implementation.
(f)
Until such time as the town meeting acts, by bylaw or by other town meeting vote, to establish a different method of notification of its sessions the following provision shall be in force:
Notice of Town Meetings. The town clerk shall notify the town meeting members of the time and place at which town meetings are to be held, the notices to be sent by mail at least seven days before the meeting. |
Notice of Adjourned Town Meetings to be Posted. Notice of every adjourned town meeting shall be posted by the town clerk in five or more public places in the town; and the town clerk shall also notify the members by mail of the adjournment at least twenty-four hours before the time of the adjourned representative townmeeting, if the period of adjournment will permit. The notices shall state briefly the business to be acted upon at any meeting and shall include notice of any proposed reconsideration. |
(g)
Except as otherwise provided above, all other provisions of article 2 shall be effective upon the commencement of the annual town meeting in the year following the year in which the charter is adopted. The annual town meeting in said year shall be held on the second Monday of May.
(h)
Until such time as the town meeting acts, by bylaw or other town meeting vote, to change or abolish such committees, the following committees are hereby established:
Committee on Rules. There shall be a committee on rules consisting of eight members, one to be elected by and from the town meeting members from each precinct. The terms of office of members of the committee on rules shall be for three years, so arranged that as nearly an equal number of terms as possible shall expire each year. The moderator shall serve, ex-officio, as the chairman of the committee on rules. |
The committee on rules shall provide a continuing oversight of the business of the town meeting and shall consider all proposed changes in its conduct. |
As soon as practicable following their election, the town meeting members from each precinct shall elect, by and from their number, one member to the standing committee on rules. The members of the committee on rules shall, during the time the town meeting is in session, organize, by the election of a vice-chairman and a clerk, and shall determine by lot the term of office of each member. |
Committee on Government Regulations. There shall be a committee on government regulations consisting of eight town meeting members, one to be appointed by the moderator from each precinct for terms of three years, so arranged that as nearly an equal number of terms as possible shall expire each year. |
The committee on government regulations shall review and report on all warrant articles that would, if adopted, affect the bylaws of the town. It shall be responsible for the decennial review of the bylaws of the town as provided in section 7-9 and for proposed changes in the charter as provided in section 7-1(b). |
In order to establish the overlapping terms of members of the committee on government regulations the initial appointments by the moderator shall be: three for one year; three for two years; and two for three years. |
(i)
The board of library trustees shall be reduced to five members at the annual town election in the year following the year in which the charter is adopted. At the said election one library trustee shall be elected for a term of three years; the second term, which expires in the same year, shall not be filled and that office shall be abolished. If for any reason a vacancy shall occur on the board of library trustees during the twelve months following the adoption of the charter and prior to the next annual town election, that vacancy shall not be filled but the office abolished and the board shall be reduced to five members in that manner and not as provided in the first two sentences of this sub-section.
(j)
The school committee shall be reduced to five members at the annual town election in the year following the year in which the charter is adopted. At the said election one school committee member shall be elected for a term of three years; the second term, which expires in the same year, shall not be filled and that office shall be abolished. If for any reason a vacancy shall occur on the school committee during the twelve months following the adoption of the charter and prior to the next annual town election, that vacancy shall not be filled but the office abolished and the board shall be reduced to five members in that manner and not as provided in the first two sentences of this sub-section.
(k)
The boards of water and sewer commissioners, park commissioners and cemetery commissioners, in office at the time the charter is adopted, shall continue to perform their duties until June 30 in the year following the year in which the charter is adopted. At such time these offices shall be abolished. It is the intention of this provision, however, that the said boards shall continue to exercise the control and management of the public works activities of the town until full integration of such functions into a new public works department is achieved, as provided in section 5-4. It is the specific intention of this provision, however, that the said boards shall coordinate all of their activities with the select board in order that as much cooperation and coordination as is practical to achieve prior to the actual transfer of functions might be achieved.
The school committee shall continue to perform all of the maintenance and repair functions in, on and around the school buildings and grounds it now performs until the department of public works, which is established in section 5-4, has had an opportunity to develop a plan for the assumption of the duties and responsibilities. It is the intent of this provision that such assumption of duties shall take place as of July 1 in the second year following the year in which the charter is adopted; provided, however, that the town manager may request an additional year before the department of public works shall assume the said functions.
(l)
The select board shall, immediately following the election at which the charter is adopted, initiate procedures to recruit a town manager. In addition to the general qualifications stated in section 4-1, the initial qualifications for this position shall be that the person have served full-time as a city or town manager for not less than three years and that the appointee be a member or associate member in good standing of the International City Management Association. The appointment to fill this position shall be made effective not later than November 1 in the year in which the charter is adopted. There shall be a widespread, diligent search for candidates to be considered for appointment to the office of town manger.
(m)
The position of executive secretary to the select board is hereby abolished, effective not later than two weeks following the appointment of the town manager or November 15, whichever occurs later. Nothing contained in the charter shall be construed to grant to the incumbent of that office at the time the charter is adopted, any right or privilege to be retained in the employment of the town.
(n)
The playground and recreation committee established by vote of the 1968 annual town meeting (article 5) is hereby abolished and the terms of office of all members terminated, effective upon the appointment of the town manager. The powers and duties of the recreation committee shall be exercised by the director of recreation who shall report directly to the town manager.
(o)
The town clerk, the treasurer-collector, the constables, and the commissioners of trust funds who have heretofore been elected and who will henceforth be appointed under the provisions of this charter shall serve for the balance of their terms but their successors shall be appointed.
(p)
Beginning with the election in the year following the year in which the charter is adopted, members of the planning board shall be elected for three-year terms.
(q)
Until such time as the town meeting acts, by bylaw, to establish a different time for submission by the town manager of a proposed budget as provided in section 6-3, the time shall be at least one hundred and twenty days before the start of the fiscal year.
(a)
Partial Repeal of Certain Special Laws.
The following special laws, insofar as they confer power upon the Town of Winchester that the town would not otherwise hold under the charter, general laws or the constitution, are retained; otherwise, they are hereby repealed, it being the intention of this paragraph that portions of any special laws that limit or restrict a power conferred or the manner in which it is to be exercised be repealed, and that any powers that are conferred are to be exercised in accordance with the provisions of the charter:
Chapter fifteen of the acts of nineteen hundred and seventy-one; Chapter five hundred and seventy-seven of the acts of nineteen hundred and sixty-nine; Chapter five hundred and eleven of the acts of nineteen hundred and sixty-nine; Chapter four hundred and fifty-one of the acts of nineteen hundred and sixty-seven; Chapter fourteen of the acts of nineteen hundred and forty-eight; Chapter two hundred and seven of the acts of nineteen hundred and forty-one; Chapter twenty-three of the acts of nineteen hundred and forty-one; Chapter one hundred and ten of the acts of nineteen hundred and thirty-eight; Chapter two hundred and seventy-nine of the acts of nineteen hundred and twenty-eight; Chapter one hundred and eighty of the acts of nineteen hundred and twenty-seven; Chapter two hundred and seventeen of the acts of nineteen hundred and twenty-two; Chapter five hundred and five of the acts of nineteen hundred and twelve; Chapter two hundred and seventy-three of the acts of nineteen hundred and three; Chapter four hundred and twenty-six of the acts of nineteen hundred and two; Chapter three hundred of the acts of nineteen hundred and one; Chapter eighty-two of the acts of nineteen hundred; Chapter ninety-two of the acts of eighteen hundred and ninety-four; Chapter thirty-five of the acts of eighteen hundred and ninety-three; Chapter four hundred and thirteen of the acts of eighteen hundred and ninety; Chapter twenty-six of the acts of eighteen hundred and eighty-two; Chapter ninety-eight of the acts of eighteen hundred and seventy-five; Chapter two hundred and seventy-seven of the acts of eighteen hundred and seventy-three; Chapter two hundred and sixty-five of the acts of eighteen hundred and seventy-two.
(b)
Special Laws Repealed: Action Taken Thereunder Preserved.
The following special laws are repealed; provided, however, that nothing contained in the charter shall be construed to revoke, invalidate or to otherwise alter acts done in compliance therewith or under authority thereof, and that such revocation and repeal shall not serve to revive any other law:
Chapter one hundred and ninety-four of the acts of nineteen hundred and seventy-three; Chapter one hundred and thirty of the acts of nineteen hundred and seventy-three; Chapter eighty-six of the acts of nineteen hundred and seventy-three; Chapter six hundred and fifty-nine of the acts of nineteen hundred and seventy-two; Chapter five hundred and twenty-eight of the acts of nineteen hundred and seventy-one; Chapter five hundred and fifteen of the acts of nineteen hundred and seventy-one; Chapter one of the acts of nineteen hundred and seventy; Chapter four hundred and fifty-two of the acts of nineteen hundred and sixty-eight; Chapter fifty-seven of the acts of nineteen hundred and sixty-three; Chapter five hundred and twenty-five of the acts of nineteen hundred and sixty two; Chapter four hundred and thirty-five of the acts of nineteen hundred and sixty-two; Chapter two hundred and fifteen of the acts of nineteen hundred and sixty-two; Chapter two hundred and ninety-five of the acts of nineteen hundred and sixty-one; Chapter four hundred and ninety-three of the acts of nineteen hundred and fifty-three; Chapter eleven of the acts of nineteen hundred and forty- nine; Chapter four hundred and twenty-nine of the acts of nineteen hundred and forty-six; Chapter four hundred and seventy-four of the acts of nineteen hundred and thirty-nine; Chapter seventy-one of the acts of nineteen hundred and thirty-seven; Chapter two hundred and six of the acts of nineteen hundred and thirty-three; Chapter one hundred and ninety-three of the acts of nineteen hundred and thirty-two; Chapter two hundred and four of the acts of nineteen hundred and twenty-nine; Chapter one hundred and sixty-seven of the acts of nineteen hundred and twenty-eight; Chapter thirty-two of the acts of nineteen hundred and twenty-two; Chapter sixty-eight of the acts of nineteen hundred and twenty-one; Chapter five hundred and three of the acts of nineteen hundred and twenty; Chapter three hundred and seventeen of the acts of nineteen hundred and seventeen; Chapter six hundred and ninety-two of the acts of nineteen hundred and twelve; Chapter six hundred and eight of the acts of nineteen hundred and eleven; Chapter three hundred and fifty-seven of the acts of nineteen hundred and six; Chapter two hundred and fifty-one of the acts of eighteen hundred and ninety-nine; Chapter one hundred and ninety-eight of the acts of eighteen hundred and ninety-seven; Chapter seventy-one of the acts of eighteen hundred and ninety-four; Chapter one hundred and eighty-six of the acts of eighteen hundred and ninety; Chapter two hundred and seventy-two of the acts of eighteen hundred and eighty-nine; Chapter one hundred and forty-six of the acts of eighteen hundred and eighty-nine; Chapter one hundred and ninety-four of the acts of eighteen hundred and eighty-eight; Chapter two hundred and thirty-four of the acts of eighteen hundred and sixty-four; Chapter one hundred and fifty-seven of the acts of eighteen hundred and sixty-one.
(c)
Special Laws Specifically Retained.
The following special laws are hereby recognized, confirmed and retained:
Chapter two hundred and seventeen of the acts of nineteen hundred and sixty-four; Chapter six hundred and seventy-six of the acts of nineteen hundred and fifty-six; Chapter one hundred and twenty of the acts of nineteen hundred and fifty-four; Chapter two hundred and eighty-one of the acts of eighteen hundred and seventy-three; Chapter two hundred and fifty-five of the acts of eighteen hundred and fifty.