12-1-1:
The voters of the town shall have the power to propose by-laws and
other measures within the authority of the town council by initiative
petition and to review by-laws and other measures as set forth in
section 12-4-1 of this charter by referendum in accordance with the
procedures established by this charter.
12-1-2:
At any election at which an initiative petition or a referendum is
submitted to the voters the polls shall be opened at seven o’clock
in the morning and shall be closed not earlier than eight o’clock
in the evening, and all votes upon any questions so submitted shall
be taken by ballot.
12-2-1:
None of the following shall be subject to the initiative or the referendum
procedures: (1) proceedings relating to the internal organization
or operation of the town council or of the school committee; (2) an
emergency measure adopted in conformity with the charter; (3) the
town budget or the school committee budget as a whole; (4) revenue
loan orders; (5) any appropriation for the payment of the town’s
debt or debt service; (6) an appropriation of funds to implement a
collective bargaining agreement; (7) proceedings relating to the election,
appointment, removal, discharge, employment, promotion, transfer,
demotion or other personnel action; (8) any proceedings repealing
or rescinding a measure or part thereof which is protested by referendum
procedures, and ( 9) any proceeding providing for the submission or
referral to the voters at an election.
12-3-1:
The voters of the town may initiate legislation by submitting a petition
to the town council which requests the submission of the proposed
by-law or measure to a vote of the town council. Said petition must
be signed by qualified voters of the town equal in number to not less
than five percent of the total number of voters registered at the
last regular town election. Each copy of the petition shall have attached
to it a copy of the proposed legislation. Said petition shall then
be filed with the board of registrars of voters for certification.
12-3-2:
Within ten days from such filing, the board of registrars of voters
shall check each name to be certified, and shall certify thereon the
number of signatures so checked, and shall report the results to the
persons filing the petition, the town clerk and the town council.
12-3-3:
Upon presentation of the certified petition to the town council,
it shall become the duty of the town council, within thirty days of
receipt thereof, to pass and adopt or reject such by-law or measure
without alteration as to meaning or effect. Should the town council
reject the proposed legislation, it shall be the further duty of the
town council to forthwith submit the question to a vote at the next
regular town election at which the qualified voters of Southbridge
shall vote on the question of adopting or rejecting the proposed legislation.
12-4-1:
A vote passed by the town council authorizing the expenditure of
two hundred fifty thousand ($250,000.00) dollars or more as a special
appropriation or establishing a new board or office or abolishing
an old board or office or merging two or more boards or offices, or
fixing the term of town officers, where such term is optional, or
increasing or reducing the number of members of a board, or adopting
a new by-law, or amending an existing by-law, shall not be operative
until after the expiration of fourteen days.
12-4-2:
If, within said fourteen days, a petition, signed by not less than
five percent of the registered voters of the town, containing their
names and addresses as they appear on the list of registered voters,
is filed with the town clerk asking that the question or questions
involved in such a vote be submitted to the registered voters of the
town at large, then the town council, after the expiration of fourteen
days, shall forthwith call a special election for the sole purpose
of presenting to the registered voters at large the question or questions
so involved.
12-4-3:
Each copy of the referendum petition shall have attached to it a
copy of a brief description of the substance of the town council vote
sought to be reviewed. The town clerk shall forthwith, upon the receipt
of a referendum petition, cause the signatures appearing thereon to
be certified by the board of registrars of voters who shall certify
thereon within ten days the number of signatures so checked and shall
report the results to the persons filing the petition, the town clerk
and the town council. Upon presentation of the certified referendum
petition to the town council it shall become the duty of the town
council within thirty days after the receipt thereof to order a special
election as aforesaid.
12-4-4:
The questions so submitted shall be determined by a majority vote
of the registered voters of the town voting thereon, but no action
of the town council shall be reversed unless at least twenty-five
percent of the registered voters shall vote. Each question so submitted
shall be in the form of the following question which shall be placed
upon the official ballot: "Shall the town vote to approve the action
of the town council whereby it was voted (brief description of the
substance of the vote)? If such petition is not filed within said
period of fourteen days, the vote of the town council shall become
operative and effective upon the expiration of said period.
12-5-1:
This charter may be revised or amended with the provisions of Article
LXXXIX of the Amendments to the Constitution and General Laws implementing
said amendment.
12-5-2:
The chairperson of the town council shall appoint a charter review
committee every five years. The committee shall consist of five members,
and shall report its recommendations to the town council within one
year from the date of its appointment.
12-5-3:
In every year following the issuance of a report by a charter review
committee, the chairperson of the town council shall appoint a by-law
review committee. The committee shall consist of five members, and
shall report its recommendations to the town council within one year
from the date of its appointment.
12-6-1:
If any provision of this charter is held invalid by a court of competent
jurisdiction such holding shall not affect the validity of the remainder
of this charter.
12-7-1:
To the extent that any specific provision of this charter shall conflict
with any general provision thereof, the specific provision shall prevail.
12-8-1:
In counting days under this charter, every calendar day shall be
counted, including Sundays and all holidays.
