Bill H.4411

HOUSE DOCKET, NO. 4839 FILED ON: 6/8/2016

HOUSE . . . . . . . . . . . . . . . No. 4411

By Miss Gregoire of Marlborough, a petition (accompanied by bill, House, No. 4411) of Danielle W. Gregoire and others (by vote of the town) relative to the charter of the town of Westborough. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to the charter of the town of Westborough.

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. Notwithstanding section 10 of chapter 43B of the General Laws, or any other general or special law to the contrary, the charter of the town of Westborough, which is on file in the office of the archivist of the commonwealth as provided in section 12 of said chapter 43B, is hereby amended by striking out section 2-3 and inserting in place thereof the following section:-

Section 2-3 Time of Meeting

The regular Town Meetings of the Town of Westborough shall be held on such dates as may from time to time be set forth in the Bylaws of the Town for the transaction of business relating to the prudential affairs of the Town.

SECTION 2. The second paragraph of section 2-4 of said charter, as appearing in chapter 298 of the acts of 2012, is hereby amended by striking out the words “If a” and inserting in place thereof the following words:- In the event any Town officer or department head.

SECTION 3. Section 2-8 of said charter, as most recently amended by chapter 7 of the acts of 2008, is hereby further amended by striking out the fifth, sixth and seventh sentences and inserting in place thereof the following 4 sentences:- A copy of each warrant shall forthwith be posted on the Town Clerk’s web site and the Town of Westborough web site and any other location chosen by the Town Clerk. The Board of Selectmen shall have a copy mailed to the place of residence of the Town Moderator. Additional copies of all warrants shall be available for distribution in the Office of the Town Clerk before the date on which the Town Meeting is to convene and that complies with the General Laws. Articles for Special Town Meetings shall follow the procedures in accordance with the General Laws.

SECTION 4. Section 3-2 of said charter is hereby amended by striking out subsection (d), as most recently amended by chapter 79 of the acts of 2012, and inserting in place thereof the following subsection:-

(d) Appointments - As chief executive officers of the Town, the Board of Selectmen shall be the appointing authority for and shall appoint, for fixed overlapping terms, the members of the following boards, commissions and committees, and any other members of any other Town boards, commissions, and committees, special or standing, permanent or ad hoc as may from time to time be established by the board or by Town Meeting unless another appointing authority is designated in the Town Meeting or this Charter.

Zoning Board of Appeals;

Conservation Commission;

Recreation Commission;

Country Club Operating Committee;

Representative to the Capital Expenditure Planning Committee;

Council on Aging;

Emergency Planning Committee;

Historical Commission;

Housing Partnership Committee;

Massachusetts Bay Transportation Authority Advisory Board;

Open Space Preservation Committee;

Central Massachusetts Regional Planning Commission- Westborough members;

Westborough members of the Westborough/Shrewsbury Wastewater Treatment Plant Board;

Water Resources Management Committee;

Trustees of Soldiers' Memorials;

Veterans Advisory Board;

Representative to the Walkup-Robinson Fund Committee;

Sandra Pond/Conservation Area Wardens;

Youth Commission, known as Westborough Youth and Family Service;

Westborough Cultural Council; and

Westborough TV, Inc., independent nonprofit town representatives.

Those members of the Insurance Advisory Committee to be appointed by the town shall be appointed by the Board of Selectmen, in accordance with section 3 of chapter 32B of the General Laws.

The Board of Selectmen shall also appoint the following department heads, known as "key personnel" for terms not to exceed 3 years, except for the Fire Chief who shall be appointed for an indefinite term:

Town Manager, as defined in section 4-1;

Town Counsel;

Police Chief;

Fire Chief; and

Director of the Department of Public Works.

For the purposes of this section, the term key personnel shall be used to determine the appointing authority and the appointment process and shall have no effect on compensation, benefits, privileges, term, renewals of term, job description, responsibilities, authority, duties or performance.

The Board of Selectmen shall also appoint the following:

Election Officials for fixed terms, upon nomination by the Town Clerk; and

Registrars of Voters for fixed overlapping terms, upon nomination by the Town Clerk.

SECTION 5. Subsection (e) of section 3-2 of said charter, as appearing in chapter 385 of the acts of 2008, is hereby amended by striking out the second sentence.

SECTION 6. Section 3-5 of said charter is hereby stricken out.

SECTION 7. Section 3-6 of said charter, as appearing in chapter 385 of the acts of 2008, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Appointments- In accordance with its planning function, the Planning Board shall be the appointing authority for the Design Review Board. The Planning Board shall appoint its department head who shall be the Town Planner. The Planning Board may, in writing, appoint other employees of the Planning Department, or, with express written consent, may delegate such appointments to the Town Planner.

SECTION 8. Section 3-7 of said charter, as so appearing, is hereby amended by adding the following subsection:-

(c) Town Clerk- The Town Clerk shall act as a department head and shall appoint all employees in the Town Clerk’s department. The Town Clerk shall nominate candidates for Election Officials and Registrars of Voters to the Board of Selectmen.

SECTION 9. Section 3-9 of said charter, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Appointments- The Board of Library Trustees shall appoint its department head who shall be the Library Director. The Board of Library Trustees may appoint other employees of the Town’s Library Department or may, in writing, delegate such appointments to the Library Director.

SECTION 10. The following sections of said charter shall be renumbered accordingly:

Section 3-6 shall be renumbered section 3-5;

Section 3-7 shall be renumbered section 3-6; and

Section 3-9 shall be renumbered 3-7.

SECTION 11. Paragraph (i) of subsection (a) of section 4-2 of said charter, as most recently amended by chapter 79 of the acts of 2012, is hereby further amended by striking out the words “Town Boards, commissions and committees and other town personnel for which section 5-2 of this charter has explicitly designated the Town Manger as appointing authority;” and inserting in place thereof the following words:-

The Town Manager, with the concurrence of the Board of Selectmen, shall appoint, for fixed terms, the following positions:

Assistant Town Managers;

Chief Assessor;

Town Accountant;

Treasurer /Collector;

Commissioners of Trust Funds;

Veterans Agent, Director of Veterans Services, Burial Agent and Graves Officer; and

Animal Control Officer.

The Town Manager shall appoint for fixed terms the following positions:

Building Commissioner;

Zoning Enforcement Officer;

Building Inspectors;

MIS/GIS Director;

Wiring Inspector;

Plumbing and Gas Inspector;

Affirmative Action Officer;

Sexual Harassment Officer;

Constables;

Fence Viewer;

Insect and Pest Control Officer;

Measurer of Wood;

Municipal Hearing Officer;

Sealer of Weights and Measures; and

Weight Masters at Tate and Lyle.

As the Chief Administrative Officer of the Town, the Town Manager shall appoint for fixed overlapping terms, the members of the following Boards, Commissions and Committees:

Board of Assessors;

Board of Health; and

Municipal Building Committee.

The determination of whether a particular Board, Commission, or Committee not specifically listed in this subsection is primarily related to the administration of the Town shall be determined by the Board of Selectmen.

SECTION 12. Paragraph (iii) of subsection (a) of section 4-2 of said charter, as appearing in chapter 385 of the acts of 2008, is hereby amended by striking out the figure “5-2” and inserting in place thereof the following figure:- 5-3(e).

SECTION 13. Subsection (a) of section 4-2 of said charter, as most recently amended by chapter 79 of the acts of 2012, is hereby further amended by renaming the paragraphs from (i), (ii) and (iii) to (1), (2) and (3), respectively.

SECTION 14. Section 5-2 of said charter, as appearing in chapter 385 of the acts of 2008, is hereby amended by striking out the title and inserting in place thereof the following title:- Elected Official’s Policy Setting Authority.

SECTION 15. Section 5-2(a) of said charter, as most recently amended by chapter 32 of the acts of 2013, is hereby further amended by striking out the following paragraphs:-

Zoning Board of Appeals;

Conservation Commission; Recreation Commission;

Country Club Operating Committee;

Representative to the Capital Expenditure Planning Committee;

Council on Aging;

Emergency Planning Committee;

Historical Commission;

Housing Partnership Committee;

Massachusetts Bay Transportation Authority Advisory Board;

Open Space Preservation Committee;

Central Massachusetts Regional Planning Commission- Westborough members;

Westborough members of the Westborough/Shrewsbury Wastewater Treatment Plant Board;

Water Resources Management Committee;

Trustees of Soldiers' Memorials;

Veterans Advisory Board;

Representative to the Walkup-Robinson Fund Committee;

Sandra Pond/Conservation Area Wardens;

Youth Commission, known as Westborough Youth and Family Service;

Westborough Cultural Council; and

Westborough TV, Inc., independent nonprofit town representatives.

Those members of the Insurance Advisory Committee to be appointed by the town shall be appointed by the Board of Selectmen, in accordance with section 3 of chapter 32B of the General Laws.

In accordance with its planning functions, the Planning Board shall be the appointing authority for the Design Review Board.

SECTION 16. Section 5-2(b) of said charter is hereby stricken out.

SECTION 17. Section 5-2(c) of said charter, as appearing in chapter 385 of the acts of 2008, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- The department head of any board, commission, or committee appointed by the Board of Selectmen or Town Manager, if one exists, shall be appointed by the Town Manager, with the exception that the department heads of the Recreation Commission, Council on Aging, and Youth Commission shall be appointed by the Town Manager with the concurrence of said Commission or Council, and with the further exception that the Board of Health shall appoint the Health Director.

SECTION 18. Said charter is hereby amended by striking out section 5-2(d) and inserting in place thereof the following section:-

Section 5-2(d) Appointed Key Personnel: Appointing Town Employees

The town’s key personnel shall be responsible for the management and operation of their respective departments. The key personnel shall appoint the employees in their respective departments in a manner consistent with this section.

The Police Chief shall appoint employees of the Police Department.

The Fire Chief shall appoint all employees of the Fire Department.

The Director of the Department of Public Works shall appoint all employees of the Department of Public Works.

The Town Counsel shall appoint the employees of the town’s legal department.

SECTION 19. Section 5-2(e) of said charter is hereby stricken out.

SECTION 20. Section 5-3 of said charter is hereby stricken out.

SECTION 21. Section 5-3(a) of said charter, as appearing in chapter 385 of the acts of 2008, is hereby amended by striking out the words “(b) of section 5-2”, each time they appear, and inserting in place thereof, in each instance, the following words:- (d) of section 3-2.

SECTION 22. Section 5-3(b) of said charter, as so appearing, is hereby amended by striking out the words "Department of Public Works Manager" and inserting in place thereof the following words:- Director of the Department of Public Works.

SECTION 23. Said charter is hereby amended by striking out section 5-3(c), as appearing in chapter 385 of the acts of 2008 and inserting in place thereof the following section:-

Section 5-3(c) Town-Wide Management Team

The Town Manager shall be responsible for leading and directing the Town Wide Management Team (The Team) consisting of the Town's key personnel and heads of Town departments. The Team shall specifically consist of the Chief of Police, the Fire Chief, the Director of the Department of Public Works, and Town Counsel, and such other department heads or officials as may be designated by the Town Manager from time to time.

Notwithstanding the manner of their appointment or who their respective appointing authority may be, the Chief of Police, Fire Chief, Director of the Department of Public Works, Town Counsel and all other department heads, except for the Library Director and the Town Planner, shall report directly to the Town Manager, who shall be responsible for the day-to-day oversight, coordination, and supervision of the administration and operations of each Town Department, other than the Public Library or the Planning Board.

Each department head shall be responsible for the delivery of service and the manner and method of such delivery within their respective department to the residents of the Town.

The Town Manager shall conduct the performance reviews of the Town's key personnel and of each department head and shall provide evaluative reports to the Chairman of the Board of Selectmen for those department heads appointed by the Board of Selectmen. The Town Manager shall provide evaluative reports to other appointing authorities of a department head not appointed by the Board of Selectmen for use in the performance review process.

SECTION 24. Section 5-3(d) of said charter, as so appearing, is hereby amended by striking out the first paragraph.

SECTION 25. Section 6-2 of said charter is hereby amended by adding the following 2 sentences:- The proposed budget shall be available on the Town Clerk’s web site, the Town of Westborough web site and any other locations chosen by the Town Clerk within seven (7) days of submission. Additional copies shall be available in the Office of the Town Clerk.

SECTION 26. Section 6-5 of said charter is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The Board of Selectmen, the Advisory Finance Committee, and the Capital Expenditures Planning Committee shall hold a joint meeting to include a public hearing on the proposed budget not later than the first scheduled Selectmen’s meeting in February of the year the budget is to be considered at Town Meeting.

SECTION 27. Subsection (d) of section 6-6 of said charter is hereby stricken out.

SECTION 28. Notwithstanding section 10 of chapter 43B of the General Laws, or any other general or special law to the contrary, section 6-7 of said charter is hereby amended by striking out the words “twenty (20)” and inserting in place there of the following words:- ten (10).

SECTION 29. Said charter is hereby further amended by striking out section 7-5 and inserting in place thereof the following section-

Section 7-5 Rules and Regulations

All rules and regulations become effective upon adoption by a Town agency (Board or Committee) having jurisdiction and shall be filed in the Office of the Town Clerk and made available for review by any person who requests such information.

SECTION 30. The first paragraph of subsection (a) of section 7-7 of said charter is hereby amended by striking out the words “twenty-four (24)” and inserting in place thereof the following words:- forty eight (48).

SECTION 31. Said subsection (a) of said section 7-7 of said charter is hereby further amended by striking out, in the second paragraph, the words “except when his conduct of office is to be discussed;”.

SECTION 32. Subsection (b) of section 7-7 of said charter is hereby amended by striking out the words “twenty-four (24)” and inserting in place thereof the following words:- forty eight (48).

SECTION 33. Section 7-8 of said charter, as most recently amended by chapter 31 of the acts of 2009, is hereby further amended by striking out the first 3 paragraphs and inserting in place thereof the following 3 paragraphs:-

Any permanent Town employee, except for the Town Manage and department heads, may be suspended or removed from office by the appointing authority after the probationary period for good cause. During the probationary period an employee may be suspended or removed for any reason or no reason, with or without good cause. The term “good cause” shall include, but not be limited to, the following: incapacity other than temporary illness; inefficiency; insubordination; and conduct unbecoming the office.

Any appointed officer or employee of the Town may be suspended from office by the appointing authority if such action is deemed by them necessary to protect the interests of the Town.

The appointing authority, when removing any such officer or employee, shall act in accordance with policies established by the Town. This section shall not apply to any member of a collective bargaining unit.

SECTION 34. Article 8 of said charter, as appearing in chapter 79 of the acts of 2012, is hereby amended by striking out the word "Manager", each time it appears, and inserting in place thereof, in each instance, the following word:- Director.

SECTION 35. The fourth paragraph of Article 8 of said charter, as so appearing, is hereby amended by inserting after the words “guide the” the following words:- Director of the Department.

SECTION 36. Said charter is hereby further amended by capitalizing the words, "Town", "Bylaws", "Board of Selectmen", "Charter", "Town Meeting", "Article", "Town Manager" and "Open Town Meeting", in the following sections, as follows:-

Section 3-1(a)(b) & (c)- Capitalize the words, "Town" & "Bylaws".

Section 3-2(c)(d) & (e)- Capitalize the words, "Board of Selectmen" "Charter", "Town" & "Town

Meeting".

Section 3-3(a)- Capitalize the word, "Town".

Section 3-4(c)- Capitalize the words, "Bylaws" & "Charter".

Section 3-6(b) & (c) -Capitalize the words, "Charter", "Bylaw" & "Town Meeting" .

Section 3-7(b)- Capitalize the words, "Charter", "Bylaw" & "Town Meeting".

Section 3-9(b]- Capitalize the word, "Town".

Section 4-1-Capitalize the words, "Town", "Board of Selectmen" & "Bylaw".

Section 4-2(a) & (b)- Capitalize the word, "Town", "Charter", "Bylaws", "Article" & "Open".

Section 4-3- Capitalize the word, "Town".

Section 5-1(a) & (c)- Capitalize the words, "Town", "Charter", & "Bylaw".

Section 5-1(d)- Capitalize the words, "Town Meeting".

Section 5-2(a)- Capitalize the words, "Charter", "Town", & "Bylaws".

Section 5-3(a)- Capitalize the words, "Town Meeting".

Section 5-3 5-3(b) &(e)- Capitalize the words, "Town", "Board of Selectmen", "Bylaw", "Town Manager" & "Charter".

Section 5-4- Capitalize the words, "Town", "Charter", "Town Meeting" & "Bylaws".

Section 5-6- Capitalize the word, "Town".

Section 6-4(b) -Capitalize the word, "Town".

Section 6-6- Capitalize the words, "Town Meeting".

SECTION 37. Said charter is hereby further amended by removing footnotes 1 to 6, inclusive, and deleting all references to the annual town meeting as follows:-

Section 2-2- Delete reference to "ATM 2008".

Section 3-2(a)- Delete footnote 1.

Section 4- Delete footnotes 2 and 3.

Section 5-6- Delete reference to "ATM 2008".

Section 6-2 - Delete footnote 4.

Section 6-6- Delete footnote 5

Section 6-7- Delete reference to "ATM 2008".

Section 7-12 - Delete "ATM 2008".

Section 9-1- Delete "Approved ATM March 22, 1983. Effective April 20, 1983".

Section 10- Delete footnote 6.

Name:	District/Address:	Date Added:
Danielle W. Gregoire	4th Middlesex	6/8/2016
Carolyn C. Dykema	8th Middlesex	6/9/2016
James B. Eldridge	Middlesex and Worcester	6/8/2016
Hannah Kane	11th Worcester	6/8/2016