SENATE DOCKET, NO. 2050        FILED ON: 7/26/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1984

The Commonwealth of Massachusetts

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PRESENTED BY:

Harriette L. Chandler

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act amending the charter of the town of Holden.

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PETITION OF:

SENATE DOCKET, NO. 2050        FILED ON: 7/26/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1984

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act amending the charter of the town of Holden.

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. Section 4 of the charter of the town of Holden, on file in the office of the archivist of the commonwealth as provided by section 12 of chapter 43B of the General Laws, is hereby amended by striking the words “At the first annual town election following acceptance of this act, and annually thereafter, the registered voters shall continue to elect a moderator, selectmen, town and district school committees and trustees of Damon Memorial, and, unless otherwise provided by by-law, the moderator shall continue to appoint a finance committee and board of appeals” and inserting in place there of the words:-  “At the first annual town election following acceptance of this act, and annually thereafter, the registered voters shall continue to elect a moderator, selectmen, district school committee, and trustees of Damon Memorial, and, unless otherwise provided by by-law, the moderator shall continue to appoint a finance committee and board of appeals”

          SECTION 2. Section 6 of  said charter is hereby amended by striking the words “Nothing in this act shall be construed to affect the powers and duties of the town or district school committees as provided by law, provided, however, that either of said committees may make an agreement with the selectmen whereby the town manager shall be assigned responsibility for the maintenance or repair of school buildings or grounds, the purchase of any supplies or equipment, or the preparation of any plans for construction or improvement of school buildings or property or supervision of such work” and inserting in place thereof the following words:- “Nothing in this act shall be construed to affect the powers and duties of the district school committee, as provided by law, provided, however, that the committee may make an agreement with the selectmen whereby the town manager shall be assigned responsibility for the maintenance or repair of school buildings or grounds, the purchase of any supplies or equipment, or the preparation of any plans for construction or improvement of school buildings or property or supervision of such work.”

          SECTION 3. Section 9 of said charter is hereby amended by inserting at the end thereof the following:- “For the purposes of this section, the term ‘town office’ shall include the following:  town manager or assistant town manager, town clerk or assistant town clerk, town treasurer or assistant town treasurer, collector of taxes or assistant collector of taxes, assessor or assistant assessor, auditor, constable, member of the Board of Selectmen, member of the Wachusett Regional School District Committee, or member of the Finance Committee.”

          SECTION 4. Section 10 of said Charter is hereby amended by striking the words “He need not be a resident of the town or of this commonwealth, when appointed, and shall not during the twelve months prior to his appointment have held any elective office in the town of Holden, but shall reside in the town during his term of office.  He may be appointed for successive terms of office” and inserting in place thereof the following words:-  “He need not be a resident of the town or of this commonwealth, when appointed, and shall not during the twelve months prior to his appointment have held any elective office in the town of Holden, but shall reside in Holden, Worcester or a town contiguous to Holden or Worcester during his term of office.”

          SECTION 5.  Section 14A of said charter in hereby amended by striking the words “Notwithstanding the provisions of section two of chapter thirty B of the General Laws, the town manager shall be the chief procurement officer for the town and all its boards, agencies, departments and instrumentality's, excepting only the school department, and the superintendent of schools shall be the chief procurement officer for the school department; and, subject to the provisions of this section, the town manager and the superintendent of schools shall each have all the powers and authority of a chief procurement officer under said chapter thirty B” and inserting in place thereof the following words:-  “Notwithstanding the provisions of section two of chapter 30B of the General Laws, the town manager shall be the chief procurement officer for the town and all its boards, agencies, departments and instrumentalities.  Subject to the provisions of this section, the town manager shall have all the powers and authority of a chief procurement officer under said chapter 30B.”

          SECTION 6.  This act shall take effect upon its passage.