Bill H.1818

HOUSE DOCKET, NO. 1955 FILED ON: 1/17/2019

HOUSE . . . . . . . . . . . . . . . No. 1818

By Ms. Peake of Provincetown, a petition (accompanied by bill, House, No. 1818) of Sarah K. Peake and Julian Cyr (by vote of the town) relative to the charter of the town of Provincetown. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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

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. Subsection (b) of section 1 of chapter 1 of the charter of the town of Provincetown, 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 by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 2. Subsection (e) of section 2 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 3. Subsection (b) of section 3 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 4. Subsection (i) of section 3 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 5. Subsection (l) of said section 3 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 6. Subsection (b) of section 4 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 7. Subsection (e) of said section 4 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 8. Subsection (f) of said section 4 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 9. Subsection (g) of said section 4 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 10. Subsection (h) of said section 4 of said chapter 1 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 11. Subsection (c) of section 1 of chapter 2 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 12. Subsection (a) of section 3 of said chapter 2 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 13. Subsection (b) of said section 3 of said chapter 2 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 14. Subsection (c) of said section 3 of said chapter 2 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 15. Subsection (f) of said section 3 of said chapter 2 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 16. Subsection (b) of section 5 of said chapter 2 of said charter is hereby amended by striking out the words “third Tuesday in June”, and inserting in place thereof the following words:- second Tuesday in May.

SECTION 17. Chapter 3 of said charter is hereby amended by striking out in the heading the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 18. Subsection (a) of section 1 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 19. Subsection (b) of said section 1 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 20. Subsection (c) of said section 1 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 21. Subsection (a) of section 2 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 22. Subsection (b) of said section 2 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 23. Subsection (c) of said section 2 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 24. Subsection (d) of said section 2 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 25. Subsection (e) of said section 2 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 26. Subsection (f) of said section 2 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 27. Section 2 of said chapter 3 of said charter is hereby amended by inserting after subsection (f) the following two new subsections: -

g. The select board has the exclusive authority to award and execute contracts for all town departments and offices and, if requested, for the school committee and for the board of library trustees.

h. The select board shall have the full role of and all of the powers and authority of a board of selectmen under any general or special laws, and its members and officers shall have the full role of and all of the powers and authority of the members and officers of a board of selectmen under any general or special laws.

SECTION 28. Subsection (a) of section 3 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 29. Subsection (b) of said section 3 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 30. Subsection (c) of said section 3 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 31. Subsection (a) of section 4 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 32. Subsection (b) of said section 4 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 33. Subsection (c) of said section 4 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 34. Subsection (a) of section 5 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 35. Subsection (e) of said section 5 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 36. Subsection (a) of section 6 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 37. Subsection (b) of said section 6 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 38. Subsection (c) of said section 6 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 39. Subsection (d) of said section 6 of said chapter 3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 40. Section 1 of chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 41. Section 2 of said chapter 4 of said charter is hereby amended by striking out subsection (a), in its entirety, and inserting in place thereof the following:- a. The town manager shall be a person especially fit by education, training, or previous experience in public administration, to perform the powers and duties of the office.

SECTION 42. Subsection (c) of said section 2 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 43. Subsection (e) of said section 2 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 44. Subsection (f) of said section 2 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 45. Subsection (a) of section 3 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 46. Subsection (b) of said section 3 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 47. Subsection (c) of said section 3 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 48. Subsection (d) of said section 3 of said chapter 4 of said charter is hereby amended by striking out the word “action”, the first time it appears, and inserting in place thereof the following words:- hiring decision by the town manager.

SECTION 49. Said subsection (d) of said section 3 of said chapter 4 of said charter is hereby further amended by striking out the word “action”, the second time it appears, and inserting in place thereof the following words:- hiring decision.

SECTION 50. Said subsection (d) of said section 3 of said chapter 4 of said charter is hereby further amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 51. Said section 3 of said chapter 4 of said charter is hereby amended by deleting the last sentence in subsection (h).

SECTION 52. Said section 3 of said chapter 4 of said Charter is hereby amended by striking out subsection (k) and inserting in place thereof the following subsection:- k. The town manager is the chief procurement officer of the town.

SECTION 53. Subsection (n) of said section 3 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 54. Subsection (o) of said section 3 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 55. Subsection (p) of said section 3 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 56. Subsection (b) of section 4 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 57. Subsection (c) of said section 4 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 58. Subsection (d) of said section 4 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 59. Subsection (a) of section 5 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 60. Subsection (b) of said section 5 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 61. Subsection (d) of said section 5 of said chapter 4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 62. Subsection (b) of section 1 of chapter 5 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 63. Subsection (d) of said section 1 of chapter 5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 64. Subsection (c) of section 2 of said chapter 5 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 65. Subsection (d) of said section 2 of said chapter 5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 66. Section 4 of said chapter 5 of said charter is hereby amended by striking out subsection (a), in its entirety, and inserting in place thereof the following: a. Unless otherwise specified in Massachusetts General Laws or this Charter, each town board consists of five regular members and two alternate members, except for the zoning board of appeals and the planning board, which may have up to five alternate members, and the finance committee, which shall have seven regular members and two alternate members. New members shall not participate in a board meeting until they have been sworn in by the town clerk. Alternate members shall have the right in order of seniority on the board to vote at a board meeting in place of a regular member who is absent.

SECTION 67. Subsection (c) of section 4 of said chapter 5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 68. Subsection (e) of section 6 of said chapter 5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 69. Subsection (a) of section 7 of said chapter 5 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 70. Subsection (e) of section 8 of said chapter 5 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 71. Item (7) of said subsection (e) of said section 8 of said chapter 5 of said charter is hereby further amended by striking out the word “selectmen”, each time it appears in number 7, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 72. Subsection (c) of section 1 of chapter 6 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 73. Subsection (b) of section 3 of said chapter 6 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 74. Subsection (b) of section 4 of chapter 6 of said charter is hereby amended by striking out the word “third”, and inserting in place thereof the following word:- second.

SECTION 75. Said subsection (b) of said section 4 of said chapter 6 of said charter is hereby further amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 76. Subsection (e) of said section 4 of said chapter 6 of said charter is hereby amended by striking out the words “January 31st”, and inserting in place thereof: - the first Tuesday in February.

SECTION 77. Said subsection (e) of said section 4 of said chapter 6 of said charter is hereby further amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 78. Subsection (f) of said section 4 of said chapter 6 of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 79. Subsection (g) of said section 4 of said chapter 6 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 80. Subsection (b) of section 5 of said chapter 6 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 81. Subsection (b) of section 6 of said chapter 6 of said charter is hereby amended by striking out the word “third” and inserting in place thereof the following word:- second.

SECTION 82. Said subsection (b) of said section 6 of said chapter 6 of said charter is hereby further amended by striking out the words “January 31st” and inserting in place thereof the following words:- the first Tuesday in February.

SECTION 83. Said subsection (b) of section 6 of said chapter 6 of said charter is hereby further amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 84. Subsection (d) of said section 6 of said chapter 6 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 85. Subsection (b) of section 8 of said chapter 6 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 86. Subsection (a) of section 10 of said chapter 6 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 87. Subsection (b) of said section 10 of said chapter 6 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 88. Subsection (a) of section 2 of chapter 7 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 89. Subsection (b) of section 3 of chapter 7 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 90. Subsection (c) of section 6 of said chapter 7 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 91. Section 3 of chapter 8 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.

SECTION 92. If this act is passed within 64 days of the second Tuesday in May, 2019, then section 16 of this act shall take effect on January 1 of the year next following.

SECTION 93. This act shall take effect upon its passage.

Name:	District/Address:	Date Added:
Sarah K. Peake	4th Barnstable	1/14/2019
Julian Cyr	Cape and Islands	1/17/2019