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May 20, 2024 Clouds | 65°F
The 193rd General Court of the Commonwealth of Massachusetts

AN ACT FURTHER AMENDING THE CHARTER OF THE TOWN OF MIDDLETON

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Subsection 1-3-1 of section 3 of chapter 1 of the charter of the town of Middleton, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the word “meeting-selectmen” and inserting in place thereof the following words:- meeting-select board.

SECTION 2. Section 3 of chapter 2 of said charter is hereby amended by striking out subsections 2-3-4 and 2-3-5 and inserting in place thereof the following subsection:-
2-3-4 The Town Meeting shall possess and exercise all powers generally conferred upon town meetings under General Law.

SECTION 3. Subsection 2-4-3 of section 4 of said chapter 2 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 4. Subsection 2-4-4 of said section 4 of said chapter 2 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- select board members.

SECTION 5. Subsection 2-4-12 of said section 4 of said chapter 2 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 6. Subsection 2-4-13 of said section 4 of said chapter 2 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 7. Subsection 2-5-2 of section 5 of said chapter 2 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The moderator.

SECTION 8. Subsection 3-1-2 of section 1 of chapter 3 of said charter is hereby amended by striking out the word “his”, the first time it appears, and inserting in place thereof the following word:- such.

SECTION 9. Said subsection 3-1-2 of said section 1 of said chapter 3 of said charter is hereby further amended by striking out the words “his duties” and inserting in place thereof the following words:- the duties of the office to which the person was elected.

SECTION 10. Said subsection 3-1-2 of said section 1 of said chapter 3 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following words:- the person.

SECTION 11. Subsection 3-4-1 of section 4 of said chapter 3 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 12. Said subsection 3-4-1 of said section 4 of said chapter 3 of said charter is hereby further amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following words:- the officer’s.

SECTION 13. Said subsection 3-4-1 of said section 4 of said chapter 3 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following words:- the officer.

SECTION 14. Subsection 3-4-2 of said section 4 of said chapter 3 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 15. Subsection 3-4-4 of said section 4 of said chapter 3 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following words:- the person.

SECTION 16. Chapter 4 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:- SELECT BOARD.

SECTION 17. Section 1 of said chapter 4 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:- The select board.

SECTION 18. Subsection 4-1-1 of said section 1 of said chapter 4 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 19. Said subsection 4-1-1 of said section 1 of said chapter 4 of said charter is hereby further amended by striking out the word “Selectman” and inserting in place thereof the following words:- a select board member.

SECTION 20. Subsection 4-1-2 of said section 1 of said chapter 4 of said charter is hereby amended by striking out the word “Selectman” and inserting in place thereof the following words:- a select board member.

SECTION 21. Subsection 4-2-1 of section 2 of said chapter 4 of said charter is hereby amended by striking out the words “Board of Selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 22. Subsection 4-4-1 of section 4 of said chapter 4 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 23. Chapter 5 of said charter is hereby amended by striking out subsection 5-1-3 of section 1 and inserting in place thereof the following subsection:-
5-1-3 No member of any board or commission established under this Charter shall be eligible to accept any appointed paid full-time Town position during the term for which the member is elected, and for one year following expiration of the member’s term.

SECTION 24. Subsection 5-2-1 of section 2 of said chapter 5 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 25. Subsection 5-4-2 of section 4 of said chapter 5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 26. Chapter 6 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:- APPOINTMENTS BY THE SELECT BOARD.

SECTION 27. Subsection 6-1-1 of section 1 of said chapter 6 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 28. Subsection 6-3-1 of section 3 of said chapter 6 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 29. Paragraph b of subsection 6-5-3 of section 5 of said chapter 6 of said charter is hereby amended by striking out the word “he” and inserting in place thereof the following words:- the officer or employee.

SECTION 30. Paragraph c of said subsection 6-5-3 of said section 5 of said chapter 6 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following words:- the officer or employee.

SECTION 31. Subsection 6-5-4 of said section 5 of said chapter 6 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the person’s.

SECTION 32. Said section 5 of said chapter 6 of said charter is hereby further amended by striking out subsection 6-5-5.

SECTION 33. Subsection 6-7-1 of section 7 of said chapter 6 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 34. Said subsection 6-7-1 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- the town administrator’s.

SECTION 35. Subsection 6-7-2 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The town administrator.

SECTION 36. Said subsection 6-7-2 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- select board members.

SECTION 37. Subsection 6-7-3 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The town administrator.

SECTION 38. Said subsection 6-7-3 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 39. Subsection 6-7-4 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The town administrator.

SECTION 40. Said subsection 6-7-4 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 41. Subsection 6-7-5 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The town administrator.

SECTION 42. Said subsection 6-7-5 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 43. Subsection 6-7-6 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The town administrator.

SECTION 44. Said subsection 6-7-6 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 45. Subsection 6-7-7 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He”, each time it appears, and inserting in place thereof, in each instance, the following words:- The town administrator.

SECTION 46. Said subsection 6-7-7 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 47. Subsection 6-7-9 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The town administrator.

SECTION 48. Subsection 6-7-10 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The town administrator.

SECTION 49. Said subsection 6-7-10 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 50. Subsection 6-8-1 of section 8 of said chapter 6 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the town administrator’s.

SECTION 51. Subsection 6-8-2 of said section 8 of said chapter 6 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 52. Subsection 6-8-3 of said section 8 of said chapter 6 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the town administrator’s.

SECTION 53. Said section 8 of said chapter 6 of said charter is hereby further amended by striking out subsections 6-8-4 to 6-8-6, inclusive, and inserting in place thereof the following 2 subsections:-
          6-8-4 At any such hearing, the reasons for the removal shall first be read aloud. The town administrator shall then be allowed to respond, either personally or through counsel. The select board and the town administrator shall be allowed to call witnesses, and to subpoena any and all town records.
          6-8-5 Final removal of the town administrator shall be effected by the affirmative vote of the select board, at a public meeting of the board held within 7 days of such public hearing, if the town administrator shall have requested one. Or, if the town administrator shall not have requested one, final removal may be effected by the affirmative vote of three members of the board held not sooner than 14 days after the vote initiating the removal. The salary of the town administrator shall continue to be paid for a period of 30 days after the vote effecting the town administrator’s removal from office.

SECTION 54. Subsection 6-9-1 of section 9 of said chapter 6 of said charter is hereby amended by striking out the words “Board of Selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 55. Said subsection 6-9-1 of said section 9 of said chapter 6 of said charter is hereby further amended by striking out the word “selectmen” and inserting in place thereof the following words:- select board members.

SECTION 56. Subsection 7-2-1 of section 2 of chapter 7 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 57. Subsection 7-3-3 of section 3 of said chapter 7 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following words:- the moderator.

SECTION 58. Said subsection 7-3-3 of said section 3 of said chapter 7 of said charter is hereby further amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following words:- the moderator’s.

SECTION 59. Subsection 7-4-3 of section 4 of said chapter 7 of said charter is hereby amended by striking out the words “Board of Selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 60. Subsection 7-4-4 of said section 4 of said chapter 7 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- select board members.

SECTION 61. Subsection 7-5-1 of section 5 of said chapter 7 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 62. Said section 5 of said chapter 7 of said charter is hereby further amended by striking out subsection 7-5-2.

SECTION 63. Subsection 7-6-1 of section 6 of said chapter 7 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 64. Subsection 7-8-2 of section 8 of said chapter 7 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 65. Subsection 7-9-1 of section 9 of said chapter 7 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 66. Subsection 7-11-1 of section 11 of said chapter 7 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following word:- the officer’s or employee’s.

SECTION 67. Subsection 8-1-1 of section 1 of chapter 8 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 68. Subsection 8-2-1 of section 2 of said chapter 8 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 69. Subsection 9-1-1 of section 1 of chapter 9 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 70. Subsection 9-1-2 of said section 1 of said chapter 9 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 71. Subsection 10-4-1 of section 4 of chapter 10 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 72. Subsection 10-5-1 of section 5 of said chapter 10 of said charter is hereby amended by striking out the word “chairman” and inserting in place thereof the following word:- chair.

SECTION 73. Section 6 of said chapter 10 of said charter is hereby amended by striking out subsection 10-6-2.

SECTION 74. Section 2 of chapter 11 of said charter is hereby repealed.

SECTION 75. This act shall take effect upon its passage.

Approved, April 24, 2024.