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Session Laws

1991

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CHAPTER 496 AN ACT RELATIVE TO THE CHARTER OF THE TOWN OF GREENFIELD.

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 Greenfield 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 3.10 and inserting in place thereof the following section:-

Section 3.10 Conflict of Interest. No member of the town council, member of any town board, agency or commission or any officer of the Town shall vote or participate in any matter or action which necessitates any decision or necessitates any vote of the councillor, selectmen, officer or member of any board, agency or commission of the Town which violates any conflict of interest statute, rule or regulation of the commonwealth.

SECTION 2. Section 10.2 of said charter is hereby amended by adding the following sentence:- The town manager and library trustees shall consult each other prior to the submission of the library budget to the board of selectmen for appropriation.

SECTION 3. Said charter is hereby further amended by striking out section 11.1 and inserting in place thereof the following section:-

Section 11.1 Composition, Term, Appointment. There shall be a recreation commission which shall consist of five members and two alternate members who are appointed by the board of selectmen for a staggered term of three years. Alternate members may participate in the deliberation of the commission but not vote unless one or more of the regular members is not in attendance. The right for the alternate to vote shall be assigned by seniority.

SECTION 4. Said charter is hereby further amended by striking out section 11.2 and inserting in place thereof the following section:-

Section 11.2 Powers and Duties. The recreation commission shall have all powers which are conferred on recreation commissions by the General Laws, and such other powers and duties as may be provided by the by-laws of the town of Greenfield. Said recreation commission shall advise the town manager in connection with the recreational needs of the town and shall assist the town manager relative to establishing plans to meet the recreational needs of the town.

SECTION 5. Said charter is hereby further amended by striking out sections 18.1 to 18.5, inclusive, and inserting in place thereof the following five sections:-

Section 18.1 Emergency By-laws. No by-law shall be passed on the date it is introduced, except in case of special emergency involving the health or safety of the people or their property.

Section 18.2 No by-law shall be regarded as an emergency by-law unless the emergency is defined and declared in a preamble to such by-law, separately voted upon and receiving an affirmative vote of the majority of the town council.

Section 18.3 No by-law making a grant, renewal or extension, whatever its kind or nature, of any franchise or special privilege of any kind or nature shall be passed as an emergency measure, and except as provided in sections seventy and seventy-one of chapter one hundred and sixty-four and in chapter one hundred and sixty-six of the General Laws, no such grant, renewal or extension shall be made otherwise than by by-law.

Section 18.4 Emergency by-laws shall stand repealed on the sixty-first day following their adoption, unless an earlier expiration date is specified in the emergency by-law, or unless a measure is passed in conformity with the procedures for measures generally has been passed extending it.

Section 18.5 Measures in General. Excepting only proposed by-laws, appropriation of orders and loan authorizations, the town council may pass any other measure through all of its stages at any one meeting. But, if any five members object, a vote on the measure shall be postponed to the next meeting of the town council.

SECTION 6. Said charter is hereby further amended by striking section 18.7 and inserting in place thereof the following section:-

Section 18.7 Publication. A summary of every proposed by-law, appropriation order or loan authorization, except emergency by-laws as herein provided, shall be published one in a local newspaper, and in any additional manner as may be provided by by-law, at least five days before its initial consideration by either the town council or a standing committee of the town council. After final passage, it shall be posted on the Town bulletin board and otherwise published as may be required by by-law or statute.

SECTION 7. Said charter is hereby further amended by striking out section 19.3 and inserting in place thereof the following section:-

Section 19.3 Supplementary Budgets. Whenever there shall be submitted to the Town Council a request for an appropriation of any sum of money, whether as a supplement to the annual operating budget or for an item or items not included therein, the town council shall not act upon such request until it has (1) given notice by publication in a local newspaper of the request five days before its initial consideration by either the town council or a standing committee of the town council; and (2) held a public hearing concerning such requests by either the town council or a standing committee of the town council not less than five days before a council vote.

SECTION 8. Said charter is hereby further amended by striking out section 20.1 and inserting in place thereof the following section:-

Section 20.1 Submission. The board of selectmen shall prepare and submit to the town council a capital outlay program of not less than five years' duration on or before March first, of each year.

Approved December 31, 1991.