Session Laws

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. The first sentence of section 6A of chapter 39 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by inserting after the word "city", in line 7, the following words:- , except that a member of a town council in a municipality with a town council form of government may receive a salary for serving as a municipal employee of said municipality in lieu of receiving compensation for serving as a member of said council.

SECTION 2. The first sentence of section 17A of chapter 43 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by inserting after the word "city", in line 4, the following words:- , except that a member of a town council in a municipality with a town council form of government may receive a salary for serving as a municipal employee of said municipality in lieu of receiving compensation for serving as a member of said council.

SECTION 3. Section 20 of chapter 268A of the General Laws is hereby amended by adding the following paragraph:-

This section shall not prohibit an employee of a municipality with a town council form of government from holding the elected office of councillor in such municipality, nor in any way prohibit such an employee from performing the duties of or receiving the compensation provided for such office; provided, however, that no such councillor may vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; and provided, further, that no councillor shall be eligible for appointment to such additional position while a member of said council or for six months thereafter. Any violation of the provisions of this paragraph which has substantially influenced the action taken by a municipal agency in any matter shall be grounds for avoiding, rescinding or cancelling such action on such terms as the interest of the municipality and innocent third parties require. No such elected councillor shall receive compensation for more than one office or position held in a municipality, but shall have the right to choose which compensation he shall receive.

SECTION 4. Section 20 of chapter 268A of the General Laws, as most recently amended by chapter 98 of the acts of 1985, is hereby further amended by adding the following paragraph:-

This section shall not prohibit an employee in a town having a population of less than three thousand five hundred persons from holding more than one appointed position with said town, provided that the board of selectmen approves the exemption of his interest from this section.