Bill S.782

SENATE DOCKET, NO. 1958 FILED ON: 1/15/2009

SENATE . . . . . . . . . . . . . . No. 782

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to amend the town charter of Sandwich..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

ARTICLE I

INCORPORATION, FORM OF GOVERNMENT

Section 1.1 INCORPORATION

The inhabitants of the Town of Sandwich, residing within its corporate boundaries as heretofore established, are hereby constituted and shall continue to be a body politic and corporate in perpetuity under the name of “The Town of Sandwich.”

Section 1.2 FORM OF GOVERNMENT

The municipal form of government provided by this Charter shall consist of a Town Meeting open to all voters; a Board of Selectmen, elected by the people and accountable to the people; and a Town Manager, appointed by and accountable to the Board of Selectmen for proper administration of the affairs of the town.

ARTICLE II

POWERS OF THE TOWN

The town shall have all the powers granted to towns by the Constitution and General Laws together

with all of the implied powers necessary to execute such granted powers.

The powers of the town under the Charter shall be construed and interpreted liberally in favor of the town, and the specific mention of any particular power is not intended to limit in any way the general powers.

c)The town may enter into agreements with any other agency of municipal government, agency of the Commonwealth, other states, or the United States government to perform jointly, by contract, or otherwise, any of its powers or functions and may participate in the financing thereof.

ARTICLE III

LEGISLATIVE BRANCH

Section 3.1 OPEN TOWN MEETING

The legislative powers of the town shall be exercised by a Town Meeting open to all voters.

Section 3.2 PRESIDING OFFICER

All sessions of the Town Meeting shall be presided over by a Moderator, elected as provided in Section 4.4 of the Charter. The Moderator shall regulate the proceedings, decide questions of order, and make public declarations of all votes. The Moderator shall have all of the powers and duties given to Moderators under the Constitution and the General Laws, and such additional powers and duties as may be authorized by the Charter, by By-law or by other Town Meeting vote.

Section 3.3 ANNUAL TOWN MEEETING

The Annual Town Meeting shall be held on such date or dates as may be fixed by the Board of Selectmen as provided in paragraph (e) of Section 4.2.5 of the Charter.

Section 3.4 SPECIAL TOWN MEETINGS

Special Town Meetings shall be held at the call of the Board of Selectmen at such times as it may deem appropriate and whenever a special meeting is requested by the voters in accordance with procedures made available by the General Laws.

Section 3.5 QUORUM

The quorum for both the Annual Town Meeting and any Special Town Meeting shall be set by By-law.

Section 3.6 CLERK OF THE MEETIN

The Town Clerk shall serve as the clerk to the Town Meeting. In the event that the Town Clerk is absent, the Assistant Town Clerk will serve.

Section 3.7 WARRANT ARTICLES

Except for procedural matters all subjects to be acted on by Town Meeting shall be placed on

warrants issued by the Board of Selectmen.

The Board of Selectmen shall receive all petitions addressed to it which require the submission

of particular subject matter to the Town Meeting in accordance with the General Laws. Ten (10) signatures shall be required on a petition to have an article inserted in the warrant for an Annual Town Meeting, and one hundred (100) signatures shall be required on a petition to have an article inserted in a warrant for a Special Town Meeting.

Any warrant article that seeks to raise, transfer, appropriate or expend any funds shall show

comparative figures including actual figures for the preceding year, appropriations for the current year, requests for the next fiscal year and amounts recommended by the Finance Committee.

Section 3.8 PUBLICATION AND DISTRIBUTION OF THE WARRANT

In addition to any notice required by the General Laws, the Board of Selectmen shall cause the Annual Town Meeting warrant to be posted on the town bulletin board and otherwise distributed as provided by paragraph (e) of Section 4.2.5 of the Charter. Additional copies shall be kept available for distribution by the Town Clerk. In addition, the Board of Selectmen shall cause the Town Meeting warrant to be posted on the Town’s website for the convenience of the residents of the Town; provided, however, that failure to post the warrant on the website or to post it one or more weeks prior to the date of the Town Meeting shall not invalidate or otherwise affect the legality or validity of the actions taken at the Town Meeting.

ARTICLE IV

ELECTED TOWN OFFICES

Section 4.1 ELECTED TOWN OFFICES, IN GENERAL

The offices to be filled by the voters shall be: a Board of Selectmen, five (5) members; a School Committee, seven (7) members; a Moderator; a Town Clerk;; a Board of Assessors, three (3) members; a Board of Health, three (3) members; a Planning Board, seven (7) members; Trustees of the Sandwich Library, nine (9) members; Trustees of the Weston Memorial Fund, three (3) members; Sandwich Historic District, five (5) members; Housing Authority, 5 members, 4 elected 1 appointed by the Governor; and such other regional authorities, districts, or committees as may be required by the General Laws or inter-local agreement. All elected or appointed multiple member boards shall be arranged so that as nearly an equal number of terms as possible shall expire each year. Notwithstanding any other provision of the Charter, all elected officials and officers shall have the powers and duties as prescribed by the General Laws.

Section 4.2 BOARD OF SELECTMEN

The Board of Selectmen shall be composed of five (5) members. Each member shall be elected from the town at-large to a three (3) year term.

Section 4.2.1 QUALIFICATIONS

In addition to any other qualifications prescribed by law, each Selectman shall be a qualified voter of the town, and shall reside within the town while in office.

Section 4.2.2 COMPENSATION

Selectmen shall receive such compensation as may be specified in the annual budget, provided, however, that they shall be entitled to all necessary expenses incurred in the performance of their official duties upon approval by the Board of Selectmen.

Section 4.2.3 CHAIRMAN AND VICE CHAIRMAN

A chairman shall be elected by the Board of Selectmen at the first meeting following each regular

town election. The chairman shall preside at all meetings of the Board. The chairman shall perform such other duties consistent with this Charter, or as may be imposed on him by the Board.

b) A vice chairman shall be elected by the Board of Selectmen at the first meeting following each

regular town election. The vice chairman shall act as chairman during the disability or absence of the chairman, and in this capacity shall have the rights and duties conferred upon the chairman.

Section 4.2.4 VACANCIES

Vacancies in the office of Selectman shall be filled by special election if the vacancy occurs eight (8) months or more prior to the next annual election. In this case, the Board of Selectmen shall, within ten (10) days after the occurrence of a vacancy, call a special election that shall be held not less than sixty-five (65) days nor more than ninety (90) days after issuing the call. Any vacancy which occurs less than eight (8) months prior to the next annual election shall be filled at the next annual election.

Section 4.2.5 GENERAL POWERS AND DUTIES

Except as otherwise provided by the General Laws or this Charter, all executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the Town by law.

At least a majority of the Board of Selectmen shall sign all official documents, and approve the financial warrants.

The Board of Selectmen shall serve as the Board of Directors and policy making body of the Town.

They shall appoint a Town Manager to carry out the day-to-day operations of the Town within the policies set by the Board of Selectmen. The Board of Selectmen shall appoint members of committees.

No member of the Board of Selectmen may serve in any other elected and/or appointed Town office

or committee during his or her term as Selectman, excluding ex-officio positions, except that Selectmen may serve on committees when authorized by State law or Town bylaw. Service as a representative from the Town to another body other than the Town shall not be prohibited by this provision.

The Board of Selectmen shall set guidelines for the preparation of the annual budget and present

the budget to the Town Meeting. The Board of Selectmen shall set the date and Warrant Articles for the Town Meeting and any Special Town Meeting. The Board of Selectmen shall make available sufficient copies of the warrant for the Town Meeting for all registered voters. The Board of Selectmen shall either provide direct mailings to households, or publish notice of the availability of said warrants at town facilities and other common locations throughout the town at least two (2) weeks prior to the Town Meeting; provided, however, that failure to post the warrant on the website or to post it one or more weeks prior to the date of the Town Meeting shall not invalidate or otherwise affect the legality or validity of the actions taken at the Town Meeting

The Board of Selectmen shall be a licensing board for the Town and shall have the power to issue

licenses as authorized by law, to make all necessary rules and regulations regarding the issuance of such licenses, and to impose restrictions on any such license as it deems to be in the public interest, and to enforce all laws, rules, regulations, and restrictions relating to all such businesses for which it issues licenses.

The Board shall require bonds for all municipal officers and employees who receive or pay out any

moneys of the town. The amount of such bonds shall be determined by the Board and the cost thereof shall be borne by the town.

The Board of Selectmen shall be authorized to institute, prosecute, compromise or defend any claim,

action, suit or other proceeding in the name of the Town and to settle any claim, action, suit or other proceeding brought by or on behalf or against the Town. In the event that a settlement requires the issuance of a permit or license or the transfer of property, and such matter is not within the Board of Selectmen’s jurisdiction, the Town board or officer with legal jurisdiction over the matter shall retain sole authority to act on behalf of the Town.

The Board of Selectmen shall annually review a Long Range Plan to project the future needs of the

Town and report on this at Town Meeting.

The Board of Selectmen shall serve as custodians of all Town property except as otherwise provided

by the General Laws or by vote of the Town.

k)The Board of Selectmen shall exercise any other responsibilities as set forth in the General Laws.

Section 4.2.6 MEETINGS OF THE BOARD

The Board of Selectmen shall hold at least two regular meetings each month. The board shall fix, by

resolution, the days, times and location of its regular meetings.

The Board of Selectmen may hold such special meetings as it deems necessary and appropriate,

which may be called for by three members of the Board. In no event shall a regular or special meeting be held in any facility or at any locations which are not readily accessible to the public or handicap accessible.

Section 4.2.7 RULES OF PROCEDURE

The Board of Selectmen shall by resolution, determine its own rules and order of business;

however, the rules shall provide that citizens of the town shall have a reasonable opportunity to be heard at any meeting in regard to any matter under consideration.

Voting except on procedural motions, shall be by roll call if requested by a Selectman, and the ayes

and nays shall be recorded in the minutes.

Three Selectmen shall constitute a quorum for the purposes of transaction of business.

d) No action of the Board of Selectmen shall be valid or binding unless adopted by the affirmative vote

of three or more members of the Board.

Section 4.2.8 PROHIBITIONS

Except where authorized by law, no Selectman shall hold any other town office or town employment

during his term as Selectman, nor any former Selectman shall hold any compensated appointed town office or town employment until one year after the expiration of his term as Selectman.

The Selectmen shall not in any manner dictate the appointment or removal of any town administrative officers or employees whom the Town Manager or any of his subordinates are empowered to appoint. The Board of Selectmen may express its views and fully and freely discuss with the Town Manager anything pertaining to appointments and

removal of such officers and employees.

Except for the purpose of inquiries and investigations, the Board of Selectmen and its members shall

deal with town officers and employees who are subject to the direction and supervision of the Town Manager, solely through the Town Manager, and neither the Board of Selectmen nor any of its members shall give orders to any such officer or employee, either publicly or privately.

Section 4.3 SCHOOL COMMITTEE

The School Committee shall be composed of seven (7) members. Each member shall be elected from the town at-large to a three (3) year term. The three (3) year terms of office for school committee shall be staggered.

Section 4.3.1 GENERAL POWERS AND DUTIES

The School Committee shall have all the powers and duties given to school committees by the General Laws. The School Committee shall have the power to select, oversee, and to terminate the Superintendent of Schools, establish educational goals and policies for the schools consistent with requirements of the General Laws and standards established by the Commonwealth.

Section 4.3.2BUDGET HEARING

The School Committee shall hold a public hearing on its proposed annual budget pursuant to General Laws, Chapter 71, Section 38N, on or before the first day of March.

Section 4.3.3 VACANCIES

Vacancies in the School Committee shall be filled by special election if the vacancy occurs eight (8) months or more prior to the next annual election. In this case, the Board of Selectmen shall, within ten (10) days after the occurrence of a vacancy, call a special election that shall be held not less than sixty-five (65) days nor more than ninety (90) days after issuing the call. Any vacancy which occurs less than eight (8) months prior to the next annual election shall be filled at the next annual election.

Section 4.4 MODERATOR

A Moderator shall be elected by the voters for a term of three years. In the event of absence of the Moderator, the Town Meeting may elect a temporary Moderator, for the purpose of presiding over the Town Meeting.

Section 4.4.1 POWERS AND DUTIES

The Moderator shall have the powers and duties provided by the General Laws, by this Charter,

by By-law or by any other Town Meeting vote.

The Moderator shall appoint members of the Finance Committee which shall consist of nine (9) members. Should the Moderator fail to fill a vacancy on the Finance Committee within forty-five (45) days of having been notified in writing by the Town Clerk of said vacancy, a majority of the remaining members of the Finance Committee may nominate a person for each such vacancy. Should the Moderator fail to take action on said nomination within 21 days, the nominee shall become a member of the Finance Committee.

c) The Moderator shall appoint members to other committees as directed by Town Meeting.

Section 4.5 TOWN CLERK

A Town Clerk shall be elected by the voters at the annual town election, for a term of three years.

Section 4.7BOARDS, COMMITTEES AND OFFICERS

Each Board or Committee will be organized and charged with the powers and duties specified in

the General Laws and Special Acts of the Commonwealth, Town By-law or elsewhere in this Charter. The Board of Selectmen may also, from time to time, establish boards or committees to address specific needs or issues. Each board or committee shall, at its annual organization meeting, elect a presiding officer and shall cause the Board of Selectmen and the Town Clerk to be notified of its selection. Such boards and committees shall make a written annual report of its activities to the Board of Selectmen.

Members of permanent committees shall be elected for a staggered term of three years unless otherwise provided for by the General Laws or this Charter. Appointees to temporary and special committees shall be appointed by the Board of Selectmen for the duration of the charge of the board or committee. Boards, committees or officers specifically provided for by the General Laws or this Charter may be continued or terminated only by the Board of Selectmen.