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 charter of the town of Provincetown 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 section 3-1-2 and inserting in place thereof the following section:-

Section 3-1-2. The chairman of any town board shall notify the appointing authority in writing when a vacancy occurs on the town board. The appointing authority shall fill the vacancy within sixty days of the receipt of the notice of vacancy. In the event of the failure of the appointing authority to fill the vacancy within the allowed time, the moderator shall then be charged with filling the vacancy within sixty days. In the event of the failure of the moderator to fill the vacancy within the allowed time, the town board shall fill the vacancy.

SECTION 2. Said charter of said town of Provincetown is hereby further amended by striking out section 3-4-3 and inserting in place thereof the following section:-

Section 3-4-3. A paid town employee with supervisory duties shall not be a member of a town board which is in any way related to his employment during his or her term of office or for at least one year after leaving office.

SECTION 3. Said charter of said town of Provincetown is hereby further amended by striking out section 3-4-4 and inserting in place thereof the following section:-

Section 3-4-4. A member of a town board shall not serve on that town board for more than three consecutive terms. For the purposes of this section, service to complete the term of another member shall constitute service for one term if the balance of said term being completed is more than fifty percent of the original term. A person who has been prohibited from serving on a town board by this section may be reelected or reappointed to that board after two years have elapsed from the ending date of his or her previous service.

SECTION 4. Said charter of said town of Provincetown is hereby further amended by striking out section 4-4-4 and inserting in place thereof the following section:-

Section 4-4-4. The board of selectmen shall appoint a town manager, a secretary to the board of selectmen, and members of those town boards designated in chapter 6 of this charter, subject to the provisions of section 3-1-2 of this charter.

SECTION 5. Said charter of said town of Provincetown is hereby further amended by striking out section 7-2-4 and inserting in place thereof the following section:-

Section 7-2-4. The town manager shall hire all town employees, except the secretary to the board of selectmen.

SECTION 6. Said charter of said town of Provincetown is hereby further amended by striking out section 10-4-2 and inserting in place thereof the following section:-

Section 10-4-2. The town manager may suspend with pay any non-union paid town employee for up to fifteen days for good cause or if the town manager deems the suspension to be necessary to protect the interests of the town.

The town manager may, after a hearing, suspend without pay any non-union paid town employee for good cause.

(a) Within fourteen days of the conclusion of the period of suspension, an employee who has been suspended may request a hearing before the personnel board, which hearing shall take place within forty days of the request.

(b) The employee may be represented by counsel at the hearing, and shall be entitled to present evidence, to call witnesses, and to question any witness appearing at the hearing.

(c) Within ten days after the public hearing is adjourned the personnel board shall render its opinion as to whether the suspension was justified, and in the case of a suspension without pay may, by at least a two-thirds vote, restore any or all lost pay.

SECTION 7. Said charter of said town of Provincetown is hereby further amended by striking out section 10-4-3 and inserting in place thereof the following section:-

Section 10-4-3. The town manager may, after a hearing, discharge any non-union paid town employee for good cause, subject to the following provisions:

(a) The town manager shall deliver a written notice of the discharge and a statement of the reasons therefor by registered mail to the last known address of the employee. The employee shall be discharged as of the time of the mailing of said notice.

(b) Within fourteen days of mailing of the notice the employee may request a public hearing before the personnel board, which hearing shall take place within forty days of the request.

(c) The employee may be represented by counsel at the hearing, and shall be entitled to present evidence, to call witnesses, and to question any witness appearing at the hearing.

(d) Within ten days after the public hearing is adjourned the personnel board, by at least a two-thirds vote, may reinstate the employee and may restore any or all lost pay, but the employee shall otherwise be removed.

SECTION 8. Said charter of said town of Provincetown is hereby further amended by striking out section 11-2-8 and inserting in place thereof the following section:-

Section 11-2-8. The provisions of section 3-4-4 shall not apply to any service on a town board prior to July first, nineteen hundred and ninety.

SECTION 9. This act shall take effect upon its passage.