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. Article 2 of the charter of the town of Easthampton which is on file in the office of the archivist of the commonwealth, as provided in section twelve of chapter forty-three B of the General Laws, is hereby amended by striking out section 2-2 and inserting in place thereof the following section:-

Section 2-2. The representative town meeting shall consist of no less than one hundred and twenty and no more than one hundred and twenty-six members, with each precinct represented by an equal number of members.

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

Section 2-3. Precincts. The board of selectmen shall divide the town into no less than five and no more than eight convenient voting precincts, so established as to consist of as nearly an equal number of inhabitants as is possible. The boundaries of the precincts shall be established in accordance with applicable state and federal regulations.

SECTION 3. Paragraph (b) of section 2-4 of said article 2 of said charter is hereby amended by inserting after the fourth sentence the following sentence:- Candidates for re-election as town meeting members may nominate themselves by submitting written notice of their candidacy to the town clerk at least thirty days preceding the date of such town election.

SECTION 4. The first sentence of section 2-5 of said article 2 of said charter is hereby amended by striking out the word "eighteen" and inserting in place thereof the following words:- its allotted number of.

SECTION 5. The fourth sentence of said section 2-5 of said article 2 of said charter is hereby amended by striking out the word "six" and inserting in place thereof the following words:- one-third of its allotted number of.

SECTION 6. Section 2-6 of said article 2 of said charter is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

(b) Removal from Town or Precinct. A town meeting member who removes from the town or removes from one precinct to another shall forthwith cease to be a town meeting member. A town meeting member who is removed from one precinct in the town to another by a revision of precinct lines may continue to serve as a town meeting member from the precinct from which elected until the next town election at which the remainder of the term, if any, shall be filled by the voters. Any persons so removed from office may be candidates for election as town meeting members from the precinct to which they have removed at the same election.

SECTION 7. Section 2-8 of said article 2 of said charter is hereby amended by striking out the word "Section 3-6" and inserting in place thereof the following word:- Section 3-8,- and by striking out the words "in open session".

SECTION 8. Said article 2 of said charter is hereby further amended by striking out section 2-10 and inserting in place thereof the following section:-

Section 2-10. Participation by Non-Town Meeting Members. (a) Representatives of Town Agencies. A designated representative of each town agency shall attend all sessions of the representative town meeting for the purpose of providing the town meeting members with information pertinent to warrant articles concerning such agencies. If any such person is deterred by illness or other reasonable cause from attending any particular session of the representative town meeting such person shall designate another person to represent the agency at such session. (b) All representatives of town agencies, all town officers and employees and all residents and taxpayers, subject to such rules governing such participation as may from time to time be adopted, shall have a right to attend the meeting and to speak during the proceedings, but shall have no right to vote.

SECTION 9. Section 2-11 of said article 2 of said charter is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

(b) Initiation of Warrant Articles. The board of selectmen shall place upon the warrant of the next town meeting the contents of all petitions addressed to it which request the submission of a particular subject matter to the town meeting and which are filed by: (1) any elected town officer; (2) any multiple member body; (3) any municipal department head; (4) any ten voters; or (5), such other persons or agencies as may be authorized by law or by-law. All such requests for submission of matters shall be in writing on a form provided by the office of the town clerk.

SECTION 10. Said section 2-11 of said article 2 of said charter is hereby further amended by striking out paragraph (d) and inserting in place thereof the following paragraph:-

(d) Publication. Within seven days following the date the warrant for any town meeting shall close, the board of selectmen shall cause copies of the official warrant articles to be made available in the office of the town clerk. At least seven days before annual town meetings and at least fourteen days before special town meetings, a constable shall attest and post a copy of the official warrant in a public place at the town hall.

SECTION 11. Paragraph (e) of said section 2-11 of said article 2 of said charter is hereby amended by striking out the words "by by-law",- and by striking out the word "standing".

SECTION 12. Section 2-12 of said article 2 of said charter is hereby amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-

(a) Time of Meetings. The representative town meeting shall meet at least once in each calendar year, during February, March, April or May, on a date fixed by by-law, and shall be primarily concerned with the determination of matters involving the expenditure and commitment of town funds including, but not limited to, the adoption of an annual operating budget for all town agencies and which shall be deemed to be the annual town meeting of the town. In addition to such meeting, the board of selectmen may, in its discretion, for the purpose of acting on the legislative business of the town in an orderly and expeditious manner, call the representative town meeting into session at other times by the issuance of warrants for such purpose.

SECTION 13. Paragraph (c) of said section 2-12 of said article 2 of said charter is hereby amended by striking out the word "Sixty-four" and inserting in place thereof the following words:- An absolute majority of.

SECTION 14. The second sentence of paragraph (d) of said section 2-12 of said article 2 of said charter is hereby amended by striking out the words "and to the public".

SECTION 15. The second sentence of paragraph (c) of section 2-13 of said article 2 of said charter is hereby amended by striking out the word "fourteen" and inserting in place thereof the following word:- twenty-one,- and by striking out the word "twenty-one" and inserting in place thereof the following word:- twenty-eight.

SECTION 16. Said article 2 of said charter is hereby further amended by adding the following two sections:-

Section 2-14. Standing Committees. Until such time as the town meeting acts, by by-law or other town meeting vote, to change or abolish such committees, the following committees are hereby established: Committee on Rules - There shall be a committee on rules consisting of seven town meeting members, one of whom shall be appointed by the town moderator from each precinct. The terms of office of members of the committee on rules shall be for three years, so arranged that as nearly an equal number of terms as possible shall expire each year. The moderator shall serve, ex-officio, as the chairperson of the committee on rules. The committee on rules shall serve as a resource of the town moderator in conducting the legislative business of the town. The committee shall advise the moderator concerning possible candidates for appointment to any office to be filled by the moderator. The committee on rules shall provide a continuing oversight of the business of the town meeting and shall consider all proposed changes in its conduct. The members of the committee on rules shall, during the time the town meeting is in session, organize by the election of a vice-chairperson and a clerk.

Committee on Government Regulations - There shall be a committee on government regulations consisting of seven town meeting members, one of whom shall be appointed by the moderator from each precinct, for terms of three years, so arranged that as nearly an equal number of terms as possible shall expire each year. Said committee on government regulations shall review and report on all warrant articles that would, if adopted, affect the by-laws of the town. It shall be responsible for the decennial review of the by-laws of the town as provided in paragraph (a) of section 7-6. The members of the committee on government regulations shall, during the time the town meeting is in session, organize by the election of a chairperson, vice-chairperson and clerk. In order to establish the overlapping terms of members of such committees, in each case initial appointments by the town moderator shall be: two for one year, three for two years and two for three years.

Section 2-15. Precinct Organization. The elected town meeting members from each precinct may within ten days following each annual town election, organize by the election of a chairperson, vice-chairperson and a clerk to serve for a term of one year. Unless such person declines to serve, the person chosen as chairperson shall be that candidate for the office of town meeting member at the most recent election who received the highest number of votes for the office. If two or more members have equally received the highest number of votes the remaining town meeting members shall choose between them.

SECTION 17. Section 3-1 of article 3 of said charter is hereby amended by striking out paragraph (c) and inserting in place thereof the following paragraph:-

(c) Town Election. The annual election of town officers and for the determination of all questions to be referred to the voters, shall be held on the first Monday in April unless otherwise provided by by-law.

SECTION 18. Section 3-1 of article 3 of said charter is hereby amended by inserting in the third sentence of the second paragraph under Section 3-1 (g) (2), the word "first" preceding the word "issued" as appears in said sentence.

SECTION 19. Paragraph (b) of section 3-2 of said article 3 of said charter is hereby amended by inserting after the fourth sentence the following sentence:- The board of selectmen shall be responsible for the negotiation of all contracts with town employees over wages, hours and other terms and conditions of employment except those under the jurisdiction of the school committee.

SECTION 20. Section 4-2 of article 4 of said charter is hereby amended by striking out paragraph 14.

SECTION 21. Section 4-3 of said article 4 of said charter is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

(b) Vacancy. A vacancy in the office of town administrator shall be filled as soon as possible by the board of selectmen but pending such appointment the board of selectmen shall designate a town officer or employee or, if no employee is willing or able to serve, a resident of Easthampton, to perform the duties of the town administrator on an acting basis. The appointment of an acting town administrator shall be for a term not to exceed five months; provided, however, that a renewal not to exceed an additional three months may be provided.

SECTION 22. Section 5-3 of said charter is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- No later than February first, the town administrator shall submit to the finance committee a proposed budget for the ensuing year, with an accompanying budget message and supporting documents.

SECTION 23. Article 6 of said charter is hereby amended by adding the following section:-

Section 6-4. Appointment Powers. Until such time as a different form of organization is provided in accordance with the procedures made available in this charter, the following organization shall be operative: The board of selectmen shall appoint: a town administrator to serve for an indefinite term, a board of registrars of voters, the zoning board of appeals, the board of health, a town counsel to serve for an indefinite term, a director of veterans' services who shall also be burial agent, caretaker of veterans' graves, and veterans' agent, an energy coordinator, the council on aging, the historical commission, the conservation commission, the development and industrial commission, the industrial and development financing authority, the arts lottery council, the forest committee, the Memorial and Veterans' day parade committee and the Saint Patrick's day parade committee. Further, said board of selectmen shall appoint such other multiple member bodies as may be established by town meeting vote or by vote of the board of selectmen to study and act on selected matters.

The town administrator shall appoint, subject to review of applications and approval of appointment by the board of selectmen, a chief of police and other officers, according to civil service law and rules, a fire chief and other officers, according to the civil services law and rules, a superintendent of public works, a civil defense director, a tax collector, a treasurer, a town accountant, a personnel officer, a tree warden, a building inspector, a wire inspector, a gas inspector, a master or matron for the town lodging house, a dog officer, a parking clerk, a sealer of weights and measures, a superintendent of gypsy moth and dutch elm control, the Brookside-East Street cemetery commission and all other officers and employees for whom no other method of selection is provided by charter, by-law or administrative code provisions.

SECTION 24. Said article 6 of said charter is hereby amended by adding the following section:-

Section 6-5. Until such time as the town meeting shall act, by by-law, to amend, repeal or to revise them, the following shall have the force of a town by-law: Board of Health. (a) Composition, Appointment, Term of Office. There shall be a board of health consisting of three members appointed by the board of selectmen and to serve for terms of three years each. (b) Powers and Duties. The board of health shall be responsible for the formulation and enforcement of rules and regulations affecting the environment and the public health, and for the enforcement of state laws and the provisions of the Code of Massachusetts Regulations in all matters affecting the public health. The board of health shall have all the powers and duties which are given to boards of health by general laws, and such additional powers, duties and authority as may be provided by charter, by-law, or other town meeting vote. In making initial appointments, the board of selectmen shall appoint one person for a term of one year, one person for a term of two years and one person for a term of three years.

SECTION 25. Paragraph (b) of section 7-9 of article 7 of said charter is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- These rules and the journal shall be a public record.

SECTION 26. Section 8-5 of article 8 of said charter is hereby amended by striking out paragraph (h).

SECTION 27. Said section 8-5 of said article 8 of said charter is hereby further amended by striking out paragraph (j).

SECTION 28. Said section 8-5 of said article 8 of said charter is hereby further amended by striking out paragraph (k).

SECTION 29. Said section 8-5 of said article 8 of said charter is hereby further amended by striking out paragraph (l).

SECTION 30. Article III of the town by-laws is hereby amended by striking out section 2-28 and inserting in place thereof the following section:-

Section 2-28. Composition, Appointment, Term of Office. There shall be a finance committee which shall consist of nine members appointed by the town moderator for terms of three years, so arranged that the terms of three members shall expire each year.

SECTION 31. Section 2-40 of said article III is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- A vacancy occurring in the membership of the finance committee shall be filled by the town moderator in accordance with the provisions of paragraph (e) of section 7-9 of the town charter.

SECTION 32. This act shall take effect upon its passage.