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The 191st General Court of the Commonwealth of Massachusetts

AN ACT MAKING THE CHARTER OF THE TOWN OF ANDOVER GENDER NEUTRAL.

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 title of section 1 of the charter of the town of Andover, 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 the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 2. The first sentence of the first paragraph of section 1 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- select board members.

SECTION 3. The second sentence of said first paragraph of said section 1 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board members.

SECTION 4. Said first paragraph of said section 1 of said charter is hereby further amended by striking out the third and fourth sentences and inserting in place thereof the following words:-

When a vacancy occurs on the select board, the remaining board members may at any time before the next town election appoint a qualified person to serve as a select board member until such election, at which the voters shall elect a select board member to serve for the unexpired portion, if any, of the original term. The select board member in office at the time of the first election shall continue in office until the successor is elected and qualified.

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

The select board shall be the makers of policy of the town government, except as otherwise directed by statutes or by the town charter. The town manager shall be responsible for ensuring that the boards, officers and representatives of the town comply with policy determinations of the select board. 

SECTION 6. Section 2 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 7. Section 3 of said charter is hereby amended by striking out the word “selectmen”, the first and second times it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 8. Said section 3 of said charter is hereby further amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 9. Section 5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board. 

SECTION 10. Said section 5 of said charter is hereby further amended by striking out the word “selectmen”, the second time it appears, and inserting in place thereof the following words:- select board.

SECTION 11. Section 6 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 12. Section 7 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- select board.

SECTION 13. Said charter is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. Removal of Manager. The select board, by a majority vote of the full membership of the board, may remove the town manager. Not less than 30 days before such proposed removal shall become effective, the select board shall file a preliminary resolution with the town clerk setting forth in detail the specific reasons for the proposed removal. A copy of the resolution shall be sent by registered mail to the town manager. The manager may reply in writing to the resolution and may request a public hearing. If the manager so requests, the select board shall hold a public hearing not earlier than 20 days nor later than 30 days after the filing of the request. After the public hearing, if any, or at the expiration of 30 days following the filing of the preliminary resolution, and after full consideration, the select board, by a majority vote of the full membership of the board, may adopt a final resolution of removal. The select board may suspend the manager from duty in the preliminary resolution but shall continue to pay the manager’s salary until the expiration of 1 month after the date of the final resolution of removal.

SECTION 14. Section 9 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- select board.

SECTION 15. Section 10 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board. 

SECTION 16. Section 11 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board. 

SECTION 17. Section 12 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- select board.

SECTION 18. Section 14 of said charter is hereby amended by striking out the word “selectman” and inserting in place thereof the following words:- select board member.

SECTION 19. Said section 14 of said charter is hereby further amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 20. Section 15 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 21. Said section 15 of said charter is hereby further amended by striking out the word “selectmen”, the second time it appear, and inserting in place thereof the following words:- select board.

SECTION 22. Section 19 of said charter is hereby amended by striking out the word “selectmen”, the first, second and third times it appears, and inserting in place thereof, in each instance, the following words:- select board.

Approved, December 17, 2019.