HOUSE DOCKET, NO. 5218        FILED ON: 9/23/2010

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5043

 

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Ten

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An Act Amending the Charter of the Town of Eastham..

 

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 Eastham, 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 as follows:

C2-8B: Delete the words, “to new voters at time of registration” so that the section reads as follows:

C2-8B: The Town Clerk shall prepare, in consultation with the Moderator, rules of parliamentary procedure in simplified form, which shall be available for distribution to all those requesting them and to those in attendance at Town Meeting.

C3-4E: Delete “All” at beginning, and replace with “Unless otherwise specified,” so that the section reads as follows:

C3-4E: Unless otherwise specified, appointed boards, committees and commissions shall be responsible to the Board of Selectmen through the Town Administrator and shall respond to all requests from the office of the Town Administrator.

C3-8G: Insert “Eastham” before the words, “school committee” in lines 3 and 6 so that the section reads as follows:

C3-8G: There shall be an Eastham Elementary School Committee consisting of five members elected for terms of three years each, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year. The Eastham Elementary School Committee shall have all the powers and duties, which are given to school committees by General Laws and it, shall have such additional powers and duties as may be authorized by this Charter, by Bylaw, or by Town Meeting vote. The powers of the Eastham Elementary School Committee shall include, but are not intended to be limited to the following:

C3-8H: Delete in its entirety and replace with the following:

C3-8H: At least one representative shall be elected to the Nauset Regional School Committee for a term of three years. Any terms shall be arranged so that they will expire in different years.

C3-8I: Replace the word, “three,” with the word “five,” before the word, “members,” so that the section reads:

C3-8I: There shall be a Board of Library Trustees of five members, elected for three-year overlapping terms at an annual election.

C4-3C (5): Add “simultaneously” after “present” and add “and the Finance Committee after “Selectmen”, so that the section reads as follows:

C4-3C(5): Prepare and present simultaneously to the Board of Selectmen and the Finance Committee, in the manner provided in Article VI of this Charter, a draft annual operating budget for the Town and a proposed capital outlay program;

C4-5.C: Insert “shall” after “action” so that the section reads as

follows:

C4-5C: The creation of any new full-time compensated position shall require approval by the Board of Selectmen, and such action shall not be effective until the position has been funded by Town Meeting vote.

C5-2. Strike entire section and replace with new section as follows:

C5-2. Organizations and Procedures.

A. Each multimember body shall act in accord with the particular charge adopted for it by the Board of Selectmen, subject to any state law requirements.

B. In addition all multimember bodies shall:

1. Organize annually at the first meeting of the fiscal year.

2. Elect a chairperson, clerk and any other necessary officers

3. Adopt rules of procedure and voting.

4. Establish that a quorum, which is by statute a majority of committee members, must be present at all meetings.

5. Maintain minutes and all other records of proceedings, copies of which shall be a public record and shall be filed with the Town Clerk within five (5) days of approval of the minutes.

6. Report to the Board of Selectmen annually.

7. Submit a report for inclusion in the Annual Report

8. Conduct all meetings in accordance with the open meeting provision of the General Laws.

C. Each appointed body shall consist of an odd number of members, who shall be appointed for three-year overlapping terms unless otherwise specified in the charge to that body.

D. No member shall be appointed for more than three consecutive full terms. After reaching maximum service, an individual may be reappointed after one year elapses.

E. No member may be appointed to more than three committees or multi-member bodies.

F. Any person duly appointed or elected to any office or multimember body shall take up the duties of the office immediately upon the date specified by statute or as soon as such person shall have been sworn to the faithful performance of those duties by Town Clerk.

G. The absence without appropriate explanation of any member of an appointed body from three consecutive meetings may serve to vacate the office. The decision to recommend that the office be vacated shall be made by majority vote of the multimember body. After such a majority vote, the Chairperson of the body shall advise the appointing authority forthwith. Upon receipt of such a recommendation, the appointing authority shall vote on whether to declare a vacancy. For any vacancy created in this manner, the appointing authority shall fill the vacancy in accordance with the General Laws and this Charter.

H. A compensated Town employee may serve on a multi-member body, with the exception of the Finance Committee, provided such body shall have no administrative responsibility over any

such employee.

C6-1F: Add “and Finance Committee after “Selectmen” and before “a comprehensive” so that the new section reads as follows:

C6-1F: At least 120 days prior to the scheduled date of the Annual Town Meeting, the Town Administrator shall submit to the Board of Selectmen and Finance Committee, simultaneously, a comprehensive draft budget for all Town functions for the ensuing fiscal year and an accompanying draft budget message.

C6-2. Strike entire section and replace with new section:

C6-2. Action on Proposed Budget

A. Within thirty (30) days following the submission of the draft budget to the Board of Selectmen and the Finance Committee by the Town Administrator, the Board of Selectmen shall adopt its proposed budget, with or without amendments, and submit same with its recommendations to the Finance Committee.

B. On receipt of the budgets for the Eastham Elementary School Committee, Nauset Regional School Committee, and Vocational School Committee, each budget shall be submitted simultaneously to the Board of Selectmen and the Finance Committee. The Board of Selectmen shall, within thirty (30) days of each submission, submit its recommendations of the school committee budgets to the Finance Committee.

C. Meeting jointly, the Board of Selectmen and the Finance Committee shall conduct at least one public hearing on the proposed Town budget and the school budgets. The Board of Selectmen and/or the Finance Committee may hold additional non-joint public hearings on the budgets, if deemed necessary. The Board of Selectmen and the Finance Committee may jointly and/or separately require the Town Administrator, any Town Department, Office, Board,

Commission and/or committee to appear or furnish appropriate financial reports and budgetary information.

D. The Finance Committee shall vote and issue its recommendations and detailed explanations of all financial articles in an Annual Finance Committee Report, which shall be made available, at least fourteen (14) days prior to the scheduled date of the Annual Town Meeting.

E. The Board of Selectmen shall present the proposed budget to the Annual Town Meeting.

C9-2D: Replace in its entirety, so the new section reads as follows:

C9-2D: A notice of the availability of the warrant shall be

published in a local newspaper at least 14 days prior to any such

Town Meeting.

C9-2E: Replace “on or before the day of their publication in a local newspaper” with “at least 14 days prior to any such Town Meeting” so the new section reads as follows:

C92-E: All said warrants shall also be posted in every post office in the Town 14 days prior to any such Town Meeting, and shall remain so posted until the date of the meeting.

C9-4A: Delete “preferably in public administration,” so the new section reads in part:

C9-4A: The Town Administrator shall be appointed on the basis of education, executive and administrative qualifications. The educational qualifications shall consist of at least a bachelor’s degree, granted by an accredited degree-granting college or university. Professional…

C9-5A: Replace in its entirety with new language so the new

section reads:

C9-5A: Search Committee. A Search Committee consisting of seven (7) members shall be appointed for three-year overlapping terms. Three (3) members shall be appointed by the Board of Selectmen; two (2) members shall be appointed by the Moderator; and two (2) members shall be appointed by the Finance Committee. The committee shall advise the

Board of Selectmen and the Moderator concerning the names and qualifications of residents of the Town available to serve on multi-member bodies. The Search Committee may establish procedures for soliciting candidates for consideration and may consult with Town committee members or chairs to assist in determining preferred skills for the individuals to be considered.

The Search Committee shall periodically review all Town committee charges. Upon the appointment and qualification of the Search Committee, the office of Search Coordinator shall be

abolished.

C9-5J. Insert the words, “and two alternates”, so the new section reads in part: C9-5J: A Planning Board of seven members and two alternates shall be appointed ...”

C9-5L. Replace in its entirety with new language so the new section reads:

C9-5L: A Water Management Committee of nine members shall be appointed by the Board of Selectmen for three-year overlapping terms. Upon the appointment and qualification

of the Water Management Committee, the Water Resources Advisory Board shall be abolished.

C9-5N. A new section shall be added to read:

C9-5N: Capital Projects Committee. Upon any successful votes at Town Meeting and Town election which bonds a municipal project of $500,000 or more, there shall be activated a Capital Projects Committee to oversee the management of the project, including the expenditure of funds. The Capital Projects Committee shall consist of three (3) voting members and other non-voting members, as follows:

(1) A Selectman, to be appointed by the Board of Selectmen (voting member);

(2) A member of the Finance Committee, to be appointed by the Finance Committee (voting member);

(3) The Town Administrator (voting member); and other non-voting members as may be required by statute or specified by Town Meeting vote. Should the project not be completed when either the Selectman or the member of the Finance Committee have completed their tenure on those bodied, then the respective body shall appoint a replacement.

Section 2.  This act shall take effect immediately upon its passage.