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. Paragraph 3-2-1 of the charter of the town of Lynnfield which charter is on file in the office of the archivist of the commonwealth, as provided by section twelve of chapter forty-three B of the General Laws, is hereby amended by striking out, in line 5, the words "executive assistant" and inserting in place thereof the following words:- town administrator.

SECTION 2. Paragraph 3-4-1 of said charter is hereby amended by striking out, in lines 2 and 7, the words "executive assistant" and inserting in place thereof, in each instance, the following words:- town administrator.

SECTION 3. Paragraph 4-3-2 of said charter is hereby amended by striking out, in lines 1 and 2, the words "Executive Assistant" and inserting in place thereof the following words:- town administrator.

SECTION 4. Said charter is hereby further amended by striking out paragraph 5-1-1 and inserting in place thereof the following paragraph:-

5-1-1 The board of selectmen shall have the power to appoint:

(a) The following officers, each for a term of two years: a town counsel, a town administrator and a town accountant.

SECTION 5. Chapter 5 of said charter is hereby amended by striking out section 6 and inserting in place thereof the following section:-

Section 6 - Qualifications of the Town Administrator

5-6-1 The town administrator shall have executive and administrative qualifications and shall have education by training, experience or scholastic achievement to perform the duties of the office.

SECTION 6. Section 7 of said chapter 5 of said charter is hereby amended by striking out, in line 1, the words "executive assistant" and inserting in place thereof the following words:- town administrator.

SECTION 7. Paragraph 5-7-1 of said charter is hereby amended by striking out, in line 1, the words "executive assistant" and inserting in place thereof the words:- town administrator.

SECTION 8. Said chapter 5 of said charter is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8 - Removal of the Town Administrator

5-8-1 The town administrator may be removed in the course of his two year term, in accordance with the following procedures.

5-8-2 The removal of the town administrator shall be by a resolution of the board of selectmen to this effect, provided that no such resolution shall be adopted within sixty days after any town election that shall have caused a change in the composition of the board.

5-8-3 The adoption of said resolution shall serve to suspend the town administrator for a period of not more than forty-five days, during which his salary shall continue to be paid. A copy of such resolution shall be delivered to the town administrator who shall have five days in which to request a public hearing. If a hearing shall be requested, the board shall schedule it within two weeks, to be held in a public place. The board shall advertise the hearing in a newspaper of local circulation and cite its purpose, location, time and date.

5-8-4 The moderator, or if he is unable to be present, such person as he shall designate, shall preside at such hearing.

5-8-5 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 board of selectmen and the town administrator shall be allowed to call witnesses, and to subpoena any and all town records.

5-8-6 Final removal of any town administrator shall be effected by the affirmative vote of three members of the board of selectmen, at a public meeting of the board held within seven days of such public hearing, if the town administrator shall have requested one. Or, if he shall not have requested one, final removal may be effected by the affirmative vote of three members of the board held not sooner than fourteen days after the vote initiating the removal. The salary of the town administrator shall continue to be paid for a period of thirty days after the vote affecting his removal from office.

SECTION 9. Paragraph 7-5-1 of said charter is hereby amended by striking out, in line 3, the words "executive assistant" and inserting in place thereof the following words:- town administrator.

SECTION 10. Paragraph 7-5-2 of said charter is hereby amended by striking out, in line 2, the words "executive assistant" and inserting in place thereof the following words:- town administrator.

SECTION 11. Paragraph 7-6-1 of said charter is hereby amended by striking out, in lines 3 and 4, the words "executive assistant" and inserting in place thereof the following words:- town administrator.

SECTION 12. Paragraph 7-6-2 of said charter is hereby amended by striking out, in line 2, the words "executive assistant" and inserting in place thereof the following words:- town administrator.

SECTION 13. Paragraph 9-1-2 of said charter is hereby amended by striking out, in line 3, the words "executive assistant" and inserting in place thereof the following words:- town administrator.

SECTION 14. This act shall be submitted for acceptance to the voters of the town of Lynnfield at the next annual town election in the form of the following question which shall be placed on the official ballot at such election:

"Shall an act passed by the general court in the year nineteen hundred and ninety-three, entitled 'An Act relative to the town administrator of the town of Lynnfield', be accepted ".

If a majority of the votes cast in answer to said question is in the affirmative, this act shall take effect, but not otherwise.

SECTION 15. This act shall take effect upon its passage.