SECTION 1. Notwithstanding any general or special law to the contrary, the office of town clerk in the town of Upton shall be appointed by the town manager. The town clerk shall have all the powers, perform the duties and be subject to the liabilities and penalties now or hereafter conferred and imposed by law on town clerks. The town manager may establish an employment contract with the town clerk for salary, fringe benefits and other conditions of employment, including, but not limited to, severance pay, reimbursement for expense incurred in the performance of the duties of office, liability insurance and conditions of discipline, termination dismissal, reappointment, performance standards and leave.

SECTION 2. Notwithstanding section 1, upon the effective date of this act, the position of elected town clerk shall be abolished and the term of the elected incumbent terminated; provided, however, that the elected incumbent shall then become the first appointed town clerk and shall serve in such capacity for a period of time equivalent to the remainder of the elected term or sooner resignation, retirement or removal. Thereafter, appointments to the position of town clerk shall be made by the town manager in accordance with said section 1.

SECTION 3. This act shall take effect upon its passage.