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 following shall be the by-laws of the Centerville-Osterville-Marstons Mills Fire District. Officers

The officers of the district shall consist of a prudential committee comprised of three members, a board of fire commissioners comprised of three members, a board of water commissioners comprised of three members and a moderator, all of whom shall be elected by ballot and serve for terms of three years or until their successors are chosen and qualified. In addition, there shall be appointed by the prudential committee, a clerk/treasurer, upon such terms and conditions as said prudential committee, pursuant to section fifteen, shall determine. The office of clerk/treasurer shall be held by the same person. The board of fire commissioners shall appoint a fire chief and deputy fire chief, upon such terms and conditions as shall be determined pursuant to section twenty. The board of water commissioners shall appoint a water superintendent and assistant water superintendent, under such terms and conditions as shall be determined by the board of water commissioners as determined pursuant to sections twenty-six and twenty-seven.

Any employee of the Centerville-Osterville-Marstons Mills Fire District, full or part-time, may, if he so chooses, seek election to the prudential committee, board of water commissioners, or board of fire commissioners; provided, however, that such employee shall, upon being sworn, immediately resign his position of employment with said district.

SECTION 2. Compensation

The elected officers of the district shall receive for their services such compensation as said district may determine at its annual district meeting.

SECTION 3. Election and Nominations

The election for district officers shall take place one day prior to the annual district meeting. Nominations for district officers to be chosen by ballot shall be made by filing of nomination papers with the clerk/treasurer, signed by at least fifty persons qualified to vote in said district elections at least thirty days prior to the meeting to be held for the election of such officers.

SECTION 4. Procedure

Upon receipt of petitions signed by seven hundred and fifty registered voters of the district enrolled at the time of the last district election seeking the recall of an elected district official, the district clerk/treasurer shall, within fourteen days, set a date for a special recall election. Such election shall be held not less than forty-five days and not more than sixty days after the petitions have been validated by the district clerk/treasurer. The district clerk/treasurer shall be required to furnish appropriate petition forms for voters seeking the recall of an elected official. The petitioners shall have ninety calendar days to obtain the requisite number of valid signatures. Candidates who seek to be elected in place of the individual who is the subject of such recall election, shall submit nomination papers signed by the same number of registered voters as required at an annual district election, within ten days of the call for such recall election.

SECTION 5. Ballot Format

The name of the incumbent elected official who is the subject of the recall petition shall appear at the top of the ballot. All other candidates shall be listed in alphabetical order.

SECTION 6. Automatic Submission to Recall

An elected official shall be required to submit automatically to recall if he is convicted of a felony, if he moves his residence from the limits of the Centerville-Osterville-Marstons Mills Fire District or if he is absent from his duties for a period of one year.

SECTION 7. One Year Grace Period

No elected official shall be subject to recall until at least one year after he is sworn into office except under the provisions of section three. In the event that the elected official is re-elected, such grace period shall not apply.

SECTION 8. Warrant and Posting

Meetings of the Centerville-Osterville-Marstons Mills Fire District shall be called in pursuance of a warrant issued under the hands of the prudential committee. Notice of a meeting shall be given by the district clerk/treasurer at least fourteen days prior to such meeting by posting in two or more public places and advertising in a newspaper published within the town of Barnstable and by making copies of the annual report and warrant available fourteen days prior to such meeting. The annual meeting shall be held within the district on the third Tuesday in May of each year. All newly elected officers of the Centerville-Osterville-Marstons Mills Fire District shall be sworn to the faithful performance of their duties.

SECTION 9. Time, Place and Requested Articles

The warrant for all district meetings shall state the time and place of such meeting and the subjects to be acted upon thereat. The prudential committee shall insert in the warrant for the annual meeting all articles with their recommendations thereon and all articles that have been requested of them by fifty or more registered voters of said district. For any special district meeting, the prudential committee shall insert in the warrant all articles with their recommendation thereon and all articles that have been requested of them by fifty or more registered voters of said district.

SECTION 10. Special District Meetings

The prudential committee shall call a special district meeting upon the request, in writing, of one hundred registered voters of the district. Once a request has been submitted to the clerk for verification of signatures, it shall be closed and no further signatures shall be added. The special district meeting shall be held not later than thirty days after the verification of such request and the prudential committee shall insert in the warrant all articles that shall have been requested by such petition. The prudential committee may call a special district meeting upon a majority vote of its members.

SECTION 11. Quorum

Fifty registered voters of the Centerville-Osterville-Marstons Mills Fire District shall constitute a quorum for the purposes of a meeting.

SECTION 12. Moderator

The district shall elect a moderator for a three year term. Said moderator shall have all the powers of moderators under the General Laws, or as provided in these by-laws and shall receive such compensation as said district may determine.

SECTION 13. Composition

The voters shall elect by ballot three members of the prudential committee for terms of three years each. The term of one member shall expire each year.

SECTION 14. Powers and Duties

(A) The prudential committee shall be the chief executive officers of the district and shall exercise general management responsibility over district affairs.

(B) The prudential committee shall, by issuance of warrants therefor, call the district meeting into session and determine the subjects to be acted upon at said district meeting.

(C) The prudential committee shall, by the issuance of warrants therefor, call all elections, regular or special, to be held in the district.

(D) The prudential committee shall expend, for the purposes prescribed by the district, money raised or borrowed.

(E) The prudential committee shall have jurisdiction and control of all property, real or personal, except as provided for in chapter one hundred and sixty-nine of the acts of nineteen hundred and thirty-seven.

(F) The prudential committee shall have all the other powers, duties and responsibilities that are given to the prudential committee by the General Laws, by the by-laws or by vote of the district.

(G) The prudential committee shall have the power to determine the location and type of street lights within the district and to contract with the electric utility company, on a yearly basis, for the same.

(H) The prudential committee shall have responsibility for contract approval of purchased goods or services for the district and shall appoint a contract compliance officer to accomplish the same, in accordance with the General Laws and procurement regulations.

(I) The prudential committee shall have the responsibility to ensure district compliance with federal, state and local regulations pertaining to equal employment opportunity, employment of the handicapped, affirmative action, discrimination and other applicable laws, rules and regulations.

(J) The prudential committee shall have the responsibility of determining the insurance coverage to meet the needs of the district and to contract for the same.

(K) The prudential committee shall approve and sign all notes, bonds or script issued by the district and all warrants for payment of district funds. It shall establish policies, rules, regulations and procedures to ensure review, prior to issue, of all district agreements, contracts and other documents that will ultimately result in the expenditure of district funds.

(L) The prudential committee shall establish policies, rules and regulations to ensure all contracts for goods or services are approved by district counsel as required by the General Laws and procurement regulations and that availability of funds is verified by the clerk/treasurer.

(M) The prudential committee shall establish policies, rules, regulations and procedures to ensure that an original copy of all district agreements and contracts are filed in the clerk/treasurer's central file in accordance with the General Laws and procurement regulations.

(N) The prudential committee shall appoint a by-law committee, on an annual basis, to review the by-laws and make recommendations regarding the possible revisions or additions of the district by-laws.

(O) The prudential committee shall have the fiscal responsibility for the district. It shall establish annual spending recommendations for operational purposes and for long term obligations. The issuance of bonds and notes may be phased to stabilize the tax rate to the maximum possible degree.

(P) The prudential committee shall establish guidelines, rules, procedures and regulations to assist the operating departments' financial planning. It shall receive proposed budgets and articles from the district officers and departments for review and inclusion in the annual warrant. It shall make recommendations thereon at the annual meeting.

(Q) The prudential committee shall establish and administer a personnel code and shall have the authority to amend the same upon majority vote of the committee and the commissioners of the affected department.

(R) The prudential committee shall have the responsibility for labor negotiations and contractual agreements with union and non-union employees and may delegate this responsibility if it deems that such action is in the best interest of the district.

(S) The prudential committee shall maintain its membership and participation in the Barnstable districts alliance and shall continue to provide said alliance with its support and cooperation.

SECTION 15. Clerk/Treasurer

(A) The prudential committee shall appoint a clerk/treasurer whose qualifications, powers and duties shall be as delineated in the district personnel code and as provided in the General Laws. The clerk/treasurer shall be appointed on the basis of merit and ability for an initial probationary term of one year and during such probationary term may be removed without cause. Following completion of the one year probationary period, he may be appointed to a regular position by vote of the appointing authority. If so appointed, the appointee shall thereafter be given an annual review and may be removed at any time, but only for just cause and after a public hearing as set forth in section thirty. The treasurer shall give bond as the prudential committee may require. The cost of this bond will be paid for by the district.

(B) Upon appointment, the clerk/treasurer shall be deemed qualified for all of the same benefits granted to other employees of the prudential committee, and any other benefits as the prudential committee may deem necessary.

SECTION 16. Temporary Clerk/Treasurer

If the clerk/treasurer is prevented from performing his official duties, or if the office is vacant, the prudential committee may, in writing, appoint a temporary clerk/treasurer who shall give bond in like manner as the clerk/treasurer and shall hold his office until a clerk/treasurer is chosen.

SECTION 17. Compensation

Compensation of the clerk/treasurer shall be as established by the prudential committee.

SECTION 18. Authorization

(A) No district notes, bonds or script shall be issued by the clerk/treasurer unless authorized by vote of the district and all such notes, bonds or script shall be signed by said clerk/treasurer of the district and countersigned by a majority of the prudential committee.

(B) No money shall be paid from the treasury of the district except notes, bonds or script issued as above provided and the interest thereon without the written approval or order of the majority of the prudential committee or by vote of the district according to its orders.

SECTION 19. Lapse of Appropriations

Any appropriation or transfer of funds made under any special warrant article after the effective date of this act, shall lapse at the expiration of five years following the effective date of the vote unless otherwise provided for in such warrant article. The district, at an annual or special meeting may, prior to the expiration of any such term of years, provide for an extension during which the funds shall continue to be available for the purpose specified. The clerk/treasurer shall notify the annual district meeting as to which accounts are due to expire. The funds so affected shall be used to reduce that fiscal year's budget or in any other manner as voted by the district.

SECTION 20. Board of Fire Commissioners

(A) There shall be a board of fire commissioners consisting of three members to be elected for terms of three years. Said board shall serve as the chief policymaking agency of the fire department. Said board shall be responsible to the prudential committee and the voters of said district as provided by the General Laws.

(B) The board of fire commissioners shall expend for the purposes prescribed by the district the funds so raised and borrowed for the use of the fire department. Said board shall supervise the awarding of bids for the purpose of purchasing fire department equipment and shall make necessary rules to be followed in the making and awarding of bids consistent with the General Laws; provided, however, that no such general law which affords the district the option of adopting it shall be deemed to have been adopted as a result of this section.

(C) The board of fire commissioners may direct the fire chief to make purchases required for the routine operation of the fire department which do not require being put out to bid by the General Laws.

(D) The board of fire commissioners shall receive the reports of the fire chief and make recommendations thereon to the district meeting.

(E) The board of fire commissioners shall, at its next regular meeting after the annual election, elect a chairman, vice chairman and a clerk.

(F) The board of fire commissioners shall prepare and distribute proposed amendments to the job descriptions and qualifications for all positions of the fire department for submission to the prudential committee in accordance with the provisions of subsection (Q) of section fourteen.

(G) The board of fire commissioners shall appoint the fire chief, deputy fire chief and such other fire department employees as may be provided by these by-laws.

SECTION 21. Fire Chief

(A) Appointment. The board of fire commissioners shall appoint a fire chief, who shall be a resident of the Centerville-Osterville-Marstons Mills Fire District upon appointment or within twelve months thereof. Said fire chief shall be appointed on the basis of merit and ability for an initial probationary term of one year and, during such probationary term, may be removed without cause. Following completion of the one year probationary period, said fire chief may be appointed to a regular position by vote of the appointing authority. If so appointed, said fire chief shall thereafter be given an annual review and may be removed, at any time, for just cause and after a public hearing as set forth in section thirty.

The qualifications, and powers and duties of the fire chief shall be as delineated in the district personnel code. Upon appointment, said fire chief shall be deemed qualified for all of the same benefits granted to other employees under the board of fire commissioners and such other benefits as the fire commissioners may deem necessary.

(B) Vacancy. A vacancy in the office of fire chief shall be filled as soon as possible by the board of fire commissioners. Pending such appointment, said board of fire commissioners shall designate a competent officer or employee of the fire department to perform the duties of said fire chief on a temporary basis.

(C) Compensation for the fire chief shall be as established by the board of fire commissioners.

SECTION 22. Deputy Fire Chief

(A) Appointment. The board of fire commissioners shall appoint a deputy fire chief or chiefs, who shall reside in the Centerville-Osterville-Marstons Mills Fire District upon appointment or within twelve months thereof. Deputy fire chiefs shall be appointed on the basis of merit and ability for an initial probationary term of one year and, during such probationary term, such deputy fire chief may be removed without cause. Following completion of the one year probationary period, a deputy fire chief may be appointed to a regular position by vote of the appointing authority. If so appointed, the deputy fire chief shall thereafter be given an annual review and may be removed, at any time, for just cause and after a public hearing as set forth in section thirty.

The qualifications, powers and duties of deputy fire chiefs shall be as delineated in the district personnel code. Upon appointment, such deputy fire chiefs shall be deemed qualified for all of the same benefits granted to other employees under the board of fire commissioners and such other benefits as the fire commissioners may deem necessary.

(B) Vacancy. A vacancy in the office of deputy fire chief shall be filled as soon as possible by the board of fire commissioners. Pending such appointment, the board of fire commissioners shall designate a competent officer or employee of the fire department to perform the duties of deputy fire chief on a temporary basis.

(C) Compensation. Compensation for deputy fire chiefs shall be as established by the board of fire commissioners.

SECTION 23. Mechanical and Electronic Fire Alarms; False Alarms; Penalty

(A) Any person maintaining, or permitting to be maintained, a mechanical or electronic fire alarm device that transmits an alarm stimulus indicating that it has detected a fire or a condition inherently characteristic of a fire in order to summons the fire department to the property, shall maintain the device, or cause the device to be maintained, in good operating condition.

(B) A false report of a fire made to the fire department as a result of the transmission of an alarm stimulus shall be reported to the occupant of the premises and to the person maintaining or permitting the device to be maintained by the fire department. Notice to the person maintaining or permitting the device to be maintained shall be deemed delivered by leaving written notification by fire department personnel at the premises where the mechanical or electronic fire alarm device is located.

(C) Any person who maintains or permits to be maintained, any mechanical or electronic fire alarm device which transmits more than three false reports of fire within any consecutive twelve month period, after written notification by the fire department, shall be punished by a fine of fifty dollars for each offense.

(D) The board of fire commissioners shall have the right to waive the penalty provisions of this section for cause upon satisfactory proof that the false alarm was not due to failure to maintain the system in good operating condition.

SECTION 24. Composition

The voters shall elect by ballot three members of the board of water commissioners for terms of three years each. The term of one member shall expire each year.

SECTION 25. Powers and Duties

(A) The board of water commissioners shall supervise the operation of the water department pursuant to chapter one hundred and sixty-nine of the acts of nineteen hundred and thirty-seven and it shall record the happenings of the water department in the annual report.

(B) The board of water commissioners shall be responsible for the management of all water department buildings, tanks, equipment and properties, as provided for in said chapter one hundred and sixty-nine of the acts of nineteen hundred and thirty-seven.

(C) The board of water commissioners shall certify all bills and warrants against the district contracted pursuant to its authority and shall cause the preparation of the annual budget and articles to be included in warrants for approval by district voters.

(D) The board of water commissioners shall employ a water superintendent and all other department personnel as approved by district meeting and recommend the wages and work schedules of such employees. Said board shall prepare and distribute proposed amendments to the job descriptions and qualifications for all positions of the water department for submittal to the prudential committee in accordance with the provisions of subsection (Q) of section fourteen.

(E) The board of water commissioners shall establish just and equitable water rates and water service installation rates, consistent with water department expenses.

(F) The board of water commissioners shall recognize the employees of the water department or their authorized representative as a legal bargaining agent for all labor contractual agreements and shall negotiate in good faith any and all contracts.

(G) Subject to such instructions, rules and regulations as the district may vote, the board of water commissioners shall negotiate contracts for the department for engineering assistance, the laying of water mains and their appurtenances thereto, the installation of pumping equipment and the construction of buildings and tanks, in accordance with appropriate General Laws.

(H) Subject to vote by the district, the board of water commissioners shall, from time to time, revise and update the rules and regulations of the water department as adopted on March tenth, nineteen hundred and eighty-seven.

(I) The board of water commissioners shall have the right to strictly enforce all General Laws pertaining to public water supply.

SECTION 26. Water Superintendent

(A) The board of water commissioners shall appoint a water superintendent whose qualifications and powers and duties shall be as delineated in the district personnel code. The water superintendent shall be appointed on the basis of merit and ability for an initial probationary term of one year and, during such probationary term, may be removed without cause. Following completion of the one year probationary period, said water superintendent may be appointed to a regular position by vote of the appointing authority. If so appointed, the appointee shall thereafter be given an annual review and may be removed at any time for just cause and after public hearing as set forth in section thirty.

(B) Upon appointment, the water superintendent shall be deemed qualified for the same benefits granted to any and all water department employees and such other benefits as the board of water commissioners deems necessary.

(C) A vacancy in the office of water superintendent shall be filled as soon as possible by the board of water commissioners. Pending such appointment, said board shall designate a qualified employee to perform the duties of water superintendent on a temporary basis.

(D) The salary of the water superintendent shall be as determined by the board of water commissioners.

SECTION 27. Assistant Water Superintendent

(A) The board of water commissioners shall appoint an assistant water superintendent whose qualifications and powers and duties shall be as delineated in the district personnel code. The assistant water superintendent shall be appointed on the basis of merit and ability for an initial probationary term of one year and, during such probationary term, may be removed without cause. Following completion of the one year probationary period, such assistant water commissioner may be appointed to a regular position by vote of the appointing authority. If so appointed, the appointee shall thereafter be given an annual review and may be removed at any time for just cause and after a public hearing as set forth in section thirty.

(B) Upon appointment, the assistant water superintendent shall be deemed qualified for the same benefits granted to any and all water department employees and such other benefits as the board of water commissioners deems necessary.

(C) A vacancy in the office of assistant water superintendent shall be filled as soon as possible by the board of water commissioners. Pending such appointment, the board shall designate a qualified employee to perform the duties of assistant water superintendent on a temporary basis.

(D) The salary of the assistant water superintendent shall be as determined by the board of water commissioners.

SECTION 28. Notice of Vacancies

Whenever a vacancy occurs in the district or, when by reason of death, disability or retirement a vacancy is anticipated, the appointing authority shall forthwith cause public notice of the vacancy or impending vacancy to be published in at least one local newspaper and posted on the district bulletin board for not less than ten days. Such notice shall contain a description of the duties of the office or position and a listing of the necessary or desirable questions. Any person desiring appointment to the vacancy may, within ten days following the date the notice is posted, file with the appointing authority a statement setting forth his qualifications for such position. No permanent appointment to fill a position shall be effective until at least fourteen days after such posting. The provisions of this section shall not apply to positions in conflict with the requirements provided under the terms of a collective bargaining agreement.

SECTION 29. Required Vote

No vote to terminate employment of an appointed official shall be effective unless it carries a majority vote of the appointing authority.

SECTION 30. Dismissal Procedures and Right to a Hearing

(A) A written notice of the vote of the appointing authority to remove or suspend, and a statement of the cause or causes thereof, shall be delivered by registered or certified mail, return receipt requested, to the affected appointed official at his last known address.

(B) Within five days following the delivery of such notice, the official involved may request a public hearing by submitting, in writing, a request therefor to the appropriate appointing authority, and by filing a copy of such request with the district clerk/treasurer.

(C) A public hearing at a time and place designated by and presided over by the district moderator, shall be held by the appointing authority and the prudential committee not less than seven and not more than fourteen days following the date of receipt of a request therefor. If the appointing authority of the official involved is the prudential committee, then the prudential committee and either the board of water commissioners or the board of fire commissioners, as designated by the district moderator, shall jointly hold the hearing.

(D) The official involved shall be given not less than five days written notice of such public hearing and shall have the right to be represented by counsel at such hearing, to call witnesses, to examine witnesses and to introduce evidence.

(E) Not more than fourteen days following such public hearing, those holding the hearing shall take final action on the removal or suspension and shall forthwith notify the official involved.

(F) If no public hearing has been requested within five days, the removal or suspension shall be deemed effective forthwith.

(G) Subsections (A) to (F), inclusive, are applicable only with respect to removal for cause.

(H) Nothing in this section shall entitle or require a hearing or showing of cause for removal during a probationary period or, in the event of nonappointment, following the expiration of a probationary period.

SECTION 31. Probationary Appointees

A probationary appointee may be removed without cause. For the purposes of this section, a "probationary appointee" shall mean an appointee occupying a position during a probation period.

During the period of time that an appointed official is occupying a position on a probationary basis, such appointee may be removed without cause upon notice from the appointing authority and nothing herein shall be construed to require a hearing or a showing of cause prior to removal or, in the event of nonappointment, following a probationary period.

SECTION 32. These by-laws may be amended by a majority vote of the district at an annual or special meeting called in whole or in part for such purpose or by ballot at any annual or special district election.

SECTION 33. A person holding an office or position in the district at the time of the adoption of these by-laws, including an office or position in the fire department or water department, which is to be an appointive office or position under these by-laws shall, on and after the effective date of this act, be deemed to hold such office or position as if initially appointed pursuant to the provisions of these by-laws and any such appointee who immediately prior to such appointment and for a minimum of one year prior thereto has held the position of clerk/treasurer of the district, or chief or deputy chief of the fire department or superintendent or assistant superintendent of the water department or any appointive clerical or custodial position in the district or a department thereof, shall be conclusively deemed to have satisfied any and all probationary service prerequisites prescribed by these by-laws, shall retain all the benefits and perquisites accrued in the former appointive position to the extent such retention is not inconsistent with the newly appointed position or the provisions of applicable law, and shall thereafter be subject to annual review and removal only as provided in these by-laws.

Each member of the elected board of engineers sitting on the effective date hereof shall continue in office until the expiration of the current term of each such engineer and, upon such expiration, such position shall be filled by the election of a commissioner as provided and described in these by-laws; provided, however, that until there shall be three elected commissioners, the board comprised of duly elected engineers and commissioners shall have and continue to exercise the powers and duties prescribed by the General Laws and any applicable special law in effect prior to the effective date of this act for a board of engineers, and these by-laws, to the extent not inconsistent with such laws; and, provided, further, that forthwith upon the election and qualification of the third "commissioner" the board shall thereafter be governed by and exercise such powers and duties as set forth in these by-laws and such General Laws as are not inconsistent herewith. The three-year term of the moderator shall commence upon the first election for moderator following the enactment of these by-laws.

SECTION 34. This act shall take effect upon its passage.