HOUSE DOCKET, NO. 4054        FILED ON: 3/13/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3680

The Commonwealth of Massachusetts

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PRESENTED BY:

Timothy R. Whelan

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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 Yarmouth.

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PETITION OF:

HOUSE DOCKET, NO. 4054        FILED ON: 3/13/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3680

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 amending the charter of the town of Yarmouth.

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 4-3-3 of chapter 4 of the charter of the town of Yarmouth, which is on file with the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) negotiating collective bargaining contracts on behalf of the board of selectmen, unless the town administrator, with the approval of the board of selectmen, has designated another negotiator or negotiating team;

provided, however, that all such contracts shall be subject to the approval of the board of selectmen;.

SECTION 2. Section 4-4 Chapter 4 of said charter is hereby amended by inserting after section 4-4-5 the following section:-

4-4-6 To the extent permitted by law and, as may be applicable, the requirements of the effective collective bargaining agreement, the Town Administrator shall be empowered to employ, discipline, and terminate employees that he/she appoints pursuant to this Charter or other applicable law, bylaw or regulation.

SECTION 3. Section 4-6 Said chapter 4 of said charter is hereby amended by striking out section 4-6-1 and inserting in place thereof the following section:-

4-6-1 The board of selectmen shall annually evaluate the performance of the town administrator. The selectmen shall adopt a written set of procedures and criteria which shall form the basis for the evaluation.

SECTION 4. Section 5-1 of chapter 5 of said charter is hereby amended by striking out clause (g) and inserting in place thereof the following clause:-

(g) The board of selectmen shall appoint all department heads. The town administrator shall submit to the board of selectmen the names of not less than 3 candidates for department head interview and subsequent appointment, unless otherwise waived by the Board of Selectmen. The group of department heads shall include those who are designated as such by the town administrator and approved by the board of selectmen.

SECTION 5. Said section 5-1 of said chapter 5 of said charter is hereby amended by adding the following clause:-

(i) To the extent permitted by law and, as may be applicable, the requirements of the effective collective bargaining agreement, the board of selectmen shall be empowered to terminate employees it appoints pursuant to this Charter or other applicable law, bylaw or regulation, by the same majority as required to appoint them.

SECTION 6. Section 5-3 Said chapter 5 of said charter is hereby amended by striking out section 5-3-1 and inserting in place thereof the following section:-

5-3-1 The town administrator may appoint an assistant town administrator. Appointments to the position of assistant town administrator shall become effective not later than the twenty-first day following the day on which notice

of the proposed appointment is filed with the board of selectmen, unless four- fifths of the members of the board of selectmen vote to reject such an appointment within such period.

SECTION 7. Section 5-5 Said chapter 5 of said charter is hereby amended by striking out section 5-5-1 and inserting in place thereof the following section:-

5-5-1 To the extent permitted by law and, as may be applicable, the requirements of the effective collective bargaining agreement, department heads may employ, discipline, and terminate employees under their departmental jurisdiction, subject to the approval of the town administrator and any other applicable law, bylaw or regulation.

SECTION 8. Section 6-2 Chapter 6 of said charter is hereby amended by striking out section 6-2-2 and inserting in place thereof the following section:-

6-2-2 At the discretion of the board of selectmen, all multi-member bodies shall annually either meet with, or provide a written annual report to, the board of selectmen.