Bill H.3985

HOUSE DOCKET, NO. 4367 FILED ON: 7/15/2019

HOUSE . . . . . . . . . . . . . . . No. 3985

By Mr. Moran of Lawrence, a petition (accompanied by bill, House, No. 3985) of Frank A. Moran and Tram T. Nguyen (by vote of the town) relative to amending the charter of the town of Andover. 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 amending the charter of the town of Andover.

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. The title of section 1 of the charter of the town of Andover, 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” and inserting in place thereof the following words:- Select Board.

SECTION 2. The first sentence of the first paragraph of section 1 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- Select Board members.

SECTION 3. The second sentence of said first paragraph of said section 1 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board members.

SECTION 4. Said first paragraph of said section 1 of said charter is hereby further amended by striking out the third and fourth sentences and inserting in place thereof the following words:-

When a vacancy occurs in the office of Select Board member, the remaining board members may at any time prior to the next town election appoint a qualified person to serve as a Select Board member until such election, at which election the voters shall elect a Select Board member to serve for the unexpired portion, if any, of the original term. The Select Board member in office at the time of said first election shall continue in office until their successors are elected and qualified.

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

The Select Board shall be considered the makers of policy of the town government, except as otherwise directed by statutes or by the town charter. The town manager shall be responsible for ensuring that the boards, officers and representatives of the town comply with policy determinations of the Select Board.

SECTION 6. Section 2 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board.

SECTION 7. Section 3 of said charter is hereby amended by striking out the words “The selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- The Select board.

SECTION 8. Said section 3 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 9. Section 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 10. Said section 5 of said charter is hereby further amended by striking out the words “the selectmen” and inserting in place thereof the following words- the Select Board.

SECTION 11. Section 6 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board.

SECTION 12. Section 7 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words- Select Board.

SECTION 13. Said charter is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. Removal of Manager. The Select Board, by a majority vote of the full membership of the Board, may remove the town manager. At least 30 days before such proposed removal shall become effective, the Select Board shall file a preliminary resolution with the town clerk setting forth in detail the specific reasons for the proposed removal, a copy of which resolution shall be sent by registered mail to the town manager. The manager may reply in writing to the resolution and may request a public hearing. If the manager so requests, the Select Board shall hold a public hearing not earlier than 20 days nor later than 30 days after the filing of such request. After such public hearing, if any, otherwise at the expiration of 30 days following the filing of the preliminary resolution, and after full consideration, the Select Board, by a majority vote of the full membership of the Board, may adopt a final resolution of removal. In the preliminary resolution, the Select Board may suspend the manager from duty, but in any case his salary shall continue to be paid until the expiration of 1 month after the date of the final resolution of removal.

SECTION 14. Section 9 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- Select Board.

SECTION 15. Section 10 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board.

SECTION 16. Section 11 of said charter is hereby amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board.

SECTION 17. Section 12 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words- Select Board.

SECTION 118 Section 14 of said charter is hereby amended by striking out the word “selectman” and inserting in place thereof the following words- Select Board Member.

SECTION 19. Said section 14 of said charter is hereby further amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board.

SECTION 20. Section 15 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. Said section 15 of said charter is hereby further amended by striking out the words “the selectmen” and inserting in place thereof the following words:- the Select Board.

SECTION 22. Section 19 of said charter is hereby amended by striking out the word “selectmen”, the first three times it appears, and inserting in place thereof, in each instance, the following words:- the Select Board.

Name:	District/Address:	Date Added:
Frank A. Moran	17th Essex	7/15/2019
Tram T. Nguyen	18th Essex	7/15/2019