Bill S.1203

SENATE DOCKET, NO. 393 FILED ON: 1/14/2019

SENATE . . . . . . . . . . . . . . No. 1203

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1203) of Bruce E. Tarr and Bradford Hill (by vote of the town) for legislation relative to gender neutral redraft of the town charter of Ipswich. 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 gender neutral redraft of the town charter of Ipswich.

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. Chapter 620 of the Acts of 1966 as amended is hereby amended by striking all after the enacting clause and inserting in place thereof the following:-

SECTION 1 Town Meeting.

The annual town meeting of the Town of Ipswich for the transaction of all business except the election of such officers and the determination of such matters as are by law to be determined by ballot shall be held on such date as the Town shall provide by by-law consistent with the provisions of the General Laws as amended. That part of the annual town meeting devoted to the election of officers and to take action on such matters as are by law to be determined by ballot shall be held within thirty days of the annual town meeting, and the time and place of holding such election and vote shall be stated in the warrant for the annual town meeting.

SECTION 2 Select Board.

The Select Board shall consist of five members, each to be elected by official ballot by the qualified voters of the Town at the annual town election, and each to hold a three year term of office. Such term shall be staggered as they were prior to the acceptance of this act, and Select Board members holding office at the time of the acceptance of this act shall serve out their elected terms. The Select Board shall present annual Town Meetings a balanced operating and capital budget for the forthcoming fiscal year. The Select Board shall lead the long-term planning process on Town goals and priorities to include capital assets, infrastructure, the environment and community wellbeing. The Select Board shall approve all Town regulations not under the lawful authority of another board, commission or committee.

SECTION 3 Appointive Powers of Select Board.

The Select Board shall appoint and may remove election officers, registrars of voters (except the Town Clerk), Trust Fund Commissioners, Town Accountant, Zoning Board of Appeals, an Electric Light Manager, and the Town Manager. The Treasurer and Collector shall be appointed by the Select Board as provided in chapter two hundred and fifty-one of the acts of nineteen hundred and sixty-three, which was accepted by the town of Ipswich in March nineteen hundred and sixty-four and which shall not be affected by this act in any way. The Town Accountant and the Treasurer and Collector shall, in the performance of their duties, be subject to the general supervision and direction of the Town Manager.

SECTION 4 Investigations or Surveys.

For the purpose of making investigations or surveys, the Select Board may employ such experts, counsel and other assistants and incur such other expenses, not exceeding in any year the sum of one thousand dollars, or such larger sum as may be appropriated for the purpose by the Town, as they may deem necessary, and the same shall be paid by the Treasurer upon a warrant signed by a majority of the Select Board.

SECTION 5 Other Elective Boards and Offices.

In addition to the Select Board, the registered voters of the Town shall elect a moderator, a constable, a school committee of seven members and a housing authority of five members, each to be elected in accordance with the practices in effect for the election of such officials prior to the acceptance of this act. Any of said officials holding office at the time of the acceptance of this act shall serve out their elected terms.

SECTION 6 Town Manager.

The Select Board shall appoint, for a term of 3 years. The town manager shall be a person especially fitted by education, training and experience to perform the duties of the office. The town manager shall be appointed without regard to the town manager’s political beliefs. The Select Board may reappoint an incumbent town manager for successive, 3-year terms of office, as the board may determine to be in the best interests of the town. The town manager shall not be required to be a resident of the town or of the commonwealth when appointed or during the town manager’s initial term; provided, however, that if reappointed, the town manager shall be required to reside in the town not more than 12 months after the beginning of the town manager’s second term of office and throughout all successive terms of office. Before entering upon the duties of the office, the town manager shall be sworn to the faithful and impartial performance thereof by the chair of the Select Board, the town clerk or a justice of the peace. The town manager shall execute a bond in favor of the town for the faithful performance of the town manager’s duties in such sum and with such surety as may be fixed or approved by the Select Board.

SECTION 7 Temporary Town Manager.

A vacancy in the office of Town Manager shall be filled as soon as possible by appointment by the Select Board. Pending the appointment of a town manager or the filling of such a vacancy, the Select Board may appoint a suitable person to perform the duties of the office temporarily. Said temporary appointment shall be made within thirty days of the occurrence of the vacancy, but any such temporary appointment shall be for a term not to exceed ninety days. If necessary, the Select Board may extend the temporary appointment for an additional term not to exceed ninety days. A temporary town manager, appointed according to the terms of this section, shall serve at compensation to be set by the Select Board, but such compensation shall not exceed the rate of compensation approved for the Town Manager by the Town.

SECTION 8 Acting Town Manager.

In the event of a temporary absence or disability of the Town Manager, the Select Board may designate an officer of the Town to perform the duties of the Town Manager until the Town Manager returns or is no longer disabled. Such an appointment must be made if absence or disability extends beyond thirty days.

SECTION 9 Removal of Town Manager.

The Select Board, at any meeting of the full membership of the Board, may adopt a preliminary resolution to remove the Town Manager by a vote in which not more than one member dissents. At least thirty days before such proposed removal becomes effective, the Select Board shall file a preliminary written resolution with the Town Clerk setting forth in detail the specific reasons for the proposed removal, a copy of which resolution shall be delivered to the Town Manager. The Town Manager, within thirty days after notice so filed, may reply in writing to the resolution and may request a public hearing. If the Town Manager so requests, the Select Board shall hold a public hearing not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if any, otherwise at the expiration of thirty days following the filing of the preliminary resolution, and after full consideration, the Select Board, by vote of the full membership of the Board at which no more than one member dissents, may adopt a final resolution of removal. In the preliminary resolution the Select Board may suspend the Town Manager from duty, but shall in any case cause payment of any unpaid balance of the Town Manager’s salary through the date of the final resolution, plus one month's severance pay, to be made forthwith.

SECTION 10 Compensation of Town Manager.

The Town Manager shall receive such compensation as the Select Board shall determine but it shall not exceed the amount appropriated therefor by the Town without prior approval of the Finance Committee.

SECTION 11 Powers and Duties of the Town Manager.

In addition to specific powers and duties provided in this act, the Town Manager shall have the general powers and duties enumerated in this section:

(a) The Town Manager shall supervise and direct the administration of all departments, boards and offices subject to the Town Manager’s appointment.

(b) The Town Manager, in accordance with the provisions of this act and except as otherwise expressly prohibited by the General Laws, may reorganize, consolidate or abolish departments, commissions, boards or offices under his direction and supervision, in whole or in part, may establish such new departments, commissions, boards or offices as he deems necessary, and in so doing, may transfer the duties, powers and appropriation of one department, commission, board or office to another.

(c) Except as otherwise provided by this act, the Town Manager shall appoint upon merit and fitness alone, and subject to the provision of chapter thirty-one of the General Laws where applicable, may remove all officers and employees of the Town under his supervision. Town officers and employees not subject to the provisions of said chapter thirty-one shall not be removed except on five days' notice in writing, setting forth the cause of such removal.

(d) Notwithstanding the provision of section one hundred and eight of chapter forty-one of the General Laws, the Town Manager shall fix the compensation of all officers and employees subject to the Town Manager’s appointment and removal. Said compensation shall not exceed the sums appropriated by the Town.

(e) The Town Manager shall attend all regular meetings of the Select Board unless excused by the Board.

(f) The Town Manager shall keep full and complete records of the office, and shall render as often as may be required by the Select Board a full report of all operations during the period reported on.

(g) The Town Manager shall keep the Select Board fully advised as to the needs of the Town and shall recommend to the Select Board for adoption such measures requiring action by them or by the Town as the Town Manager may deem necessary or expedient.

(h) The Town Manager shall have jurisdiction over the rental and use of all Town property and shall be responsible for the maintenance and repair of all Town buildings. The Town Manager shall be responsible for the preparation of plans and the supervision of work on existing buildings or on the construction of new buildings. However, the Town Manager shall not have such responsibilities for property and buildings under the control of the School Committee unless so requested of the Select Board by that committee.

(i) The Town Manager shall administer either directly or through a person or persons appointed by him in accordance with this act all provisions of general and special laws applicable to said Town, all by-laws and all regulations established by the Select Board.

(j) The Town Manager shall be responsible for publication of the annual town report which shall include, in addition to that which is required by law or by by-law, the warrants and actions taken by the Town of such warrants for all town meetings which have occurred since the last town meeting included in the last annual town report. The first such report to include town meeting data shall begin with the data from the previous annual town meeting.

(k) The Town Manager shall perform such other duties consistent with the office, as may be required by the by-laws of the Town or by the vote of the Select Board.

(l) The Town Manager shall appoint all necessary town officers not specifically provided for herein.

(m) The Town Manager shall act as the purchasing agent for the Town with the powers and duties provided in section one hundred and three of chapter forty-one of the General Laws.

SECTION 12 Investigations by the Town Manager.

The Town Manager may, without notice, cause the affairs of any division or department under the Town Manager’s control, or conduct of any officer or employee thereof, to be examined. The Town Manager shall have access to all Town books and papers for information necessary for the proper performance of the duties of the Town Manager’s office.

SECTION 13 Boards and Offices to be Appointed by the Town Manager.

The following boards or offices in existence at the time of acceptance of this act shall continue in force and effect: Planning Board, Board of Assessors, Town Counsel, Civil Defense Director or Emergency Planning Manager, and Safety Director. Members of said boards or offices holding office at the time of acceptance of this act shall serve out their appointed terms, and future appointments shall be made by the Town Manager. If for any reason a vacancy occurs in any of these boards or offices, the vacancy shall be filled for the unexpired term by appointment by the Town Manager.

The director of the Ipswich public library shall be appointed by the town manager with the approval of the board of library trustees. The town manager may remove the director of the Ipswich public library, with the approval of the board of library trustees, for just cause, following a hearing.

SECTION 14 Recreation Committee.

Upon acceptance of this act, there shall be established a Recreation Committee to consist of seven members to be appointed by the Town Manager. Said committee shall assume all the duties and responsibilities of the Recreation Committee as they exist prior to the acceptance of this act, with the exception of the responsibility for employing and removing personnel, which shall be the responsibility of the Town Manager. The term of office shall be three years, terms to be staggered such that in one year, two; the second year, two; and the third year, three terms shall expire. If for any reason a vacancy occurs in the membership of the committee, the vacancy shall be filled for the unexpired term by appointment by the Town Manager. The Town Manager shall appoint a recreation director and a buildings and grounds director who shall be subject to the general supervision and direction of the Town Manager.

SECTION 15 Board of Cemetery and Park Commissioners.

Upon the acceptance of this act, the Board of Cemetery and Park Commissioners, which board was elected prior to the acceptance of this act, shall revert to an appointed board, said appointments to be made by the Town Manager. Elected members of the board shall serve out their unexpired terms, at the expiration of which their successors shall be appointed by the Town Manager. If for any reason a vacancy occurs in the membership of the Board of Cemetery and Park Commissioners, the vacancy shall be filled for the unexpired term by appointment by the Town Manager. Said board shall assume all duties and responsibilities of the Board of Cemetery Commissioners and of the Park Commissioners in existence prior to the acceptance of this act, with the exception of the responsibility for employing and removing personnel, which shall be the responsibility of the Town Manager.

SECTION 16

[Deleted by order under General Laws Chapter 43B, Section 10, adopted by vote of Town Meeting April 6, 1998; approved by the voters on April 13, 1998; approved by the Attorney General on May 7, 1998; effective June 4, 1998.]

SECTION 17 Board of Health.

Upon the acceptance of this act, the Board of Health, which board was elected prior to the acceptance of this act, shall revert to an appointed board, said appointments to be made by the Town Manager. Elected members of the board shall serve out their unexpired terms, at the expiration of which their successors shall be appointed by the Town Manager. If for any reason a vacancy occurs in the membership of the Board of Health, the vacancy shall be filled for the unexpired term by appointment by the Town Manager. Said board shall assume all duties and responsibilities of the Board of Health in existence prior to the acceptance of this act with the exception of the responsibility for employing and removing personnel, which shall be the responsibility of the Town Manager. The Town Manager may appoint an agent of the Board of Health who may be a member of said board and who shall possess all the powers and duties conferred or imposed by law upon agents of boards of health of towns, but who shall, in the performance of his duties, be subject to the general supervision and direction of the Town Manager.

SECTION 18 Town Clerk.

The Town Manager shall appoint a suitably qualified person to the office of Town Clerk. The Town Clerk shall have the powers, perform the duties, and be subject to the liabilities and penalties now or hereafter conferred or imposed by law upon town clerks but shall be subject to the general supervision and direction of the Town Manager in the performance of the duties of the office The Town Clerk shall be sworn to the faithful performance of the duties of the office by the chair of the Select Board or by a justice of the peace.

SECTION 19 Inspectors.

SECTION 20 Additional Committees or Boards.

In addition to the above mentioned boards, committees or officers, the Town Manager may establish and appoint the members of such advisory boards or committees as the Town Manager deems necessary. Such boards or committees may include, but need not be restricted to, a water-sewer advisory board, mosquito control committee, traffic safety committee, building code committee, public safety advisory committee, personnel advisory board and an electric light advisory board.

SECTION 21 Department of Public Works.

Upon the acceptance of this act there shall be established a department of public works as herein provided. The Town Manager shall assume all the powers and duties as heretofore delegated to the Board of Public Works. The Select Board shall assume all the powers and duties heretofore delegated to the Water Commissioners and Sewer Commissioners. The Town Manager may appoint such superintendents of separate sections of said department as the Town Manager deems necessary except that the existing position of Superintendent of Streets as now established shall continue to exist within the Department of Public Works. The Department of Public Works may include, but need not be restricted to, the Engineering Department, Water Department, Sewer Department, Forestry Department, Highway Department and Shellfish Department as they existed prior to the acceptance of this act. The Cemetery Department, at the discretion of the Select Board, may be included under Public Works also after the expiration of the terms of the elected members as specified in section fifteen. The Public Works Department so established shall assume all the functions of the departments it incorporates as these functions existed prior to the acceptance of this act. The Town Manager may consolidate the functions of various departments as they become part of the Department of Public Works, but the organized composite departments shall consist of divisions that compare as nearly as practical by title and function with the departments as they existed prior to the acceptance of this act, and the accounting for this department shall be subdivided according to the divisions so defined. The collection and removal of refuse, garbage and offal shall also be the responsibility of said department.

SECTION 22 Electric Light Department.

The Electric Light Department in existence at the time of acceptance of this act shall continue in force and effect. Said department shall be under the direct supervision of an officer to be known as the Electric Light Manager, but shall be subject to the general supervision of the Town Manager who shall be responsible to the Select Board as Electric Light Commissioners.

SECTION 23 Approval of Warrants.

The Town Manager shall be the chief fiscal officer of the Town. Warrants for the payment of Town funds prepared by the Town Accountant in accordance with the provisions of section fifty-six of chapter forty-one of the General Laws shall be submitted to the Town Manager. The approval of any such warrant by the Town Manager shall be sufficient authority to authorize payment by the Town Treasurer, but the Select Board shall approve all warrants in the event of the absence of the Town Manager or a vacancy in the office of the Town Manager.

SECTION 24 Investigation of Claims.

Whenever any payroll, bill or other claim against the Town is presented to the Town Manager that is of doubtful validity, excessive in amount, or otherwise contrary to the interests of the Town, the Town Manager shall refer it to the Select Board who shall immediately investigate the facts and determine what, if any, payment should be made. Pending such investigation and determination by the Select Board, payment shall be withheld.

SECTION 25 Receipts Paid to the Treasury.

Every officer shall pay into the treasury of the Town all amounts received by such officer on behalf of the Town, and shall make a true return thereof to the Town Accountant stating the accounts upon which such amounts were received.

SECTION 26 Fees Paid to Treasury.

The aggregate annual compensation of each Town employee appointed by the Town Manager shall be limited to the amount established in accordance with the provisions of this act and all fees received in accordance with the provisions of any general or special law shall be paid into the treasury of the Town.

SECTION 27 Estimates of Expenditures.

No later than one hundred (100) days prior to the Annual Town Meeting, the Town Manager shall submit to the Select Board a careful, detailed estimate in writing of the probable expenditures of the Town Government for the ensuing fiscal year, stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the Town and showing specifically the amount necessary to be provided for each fund and department, together with a statement of the expenditures of the Town for the same purposes in the two preceding years and an estimate of expenditures for the current year. The Town Manager shall also submit a statement showing all revenues received by the Town in the town preceding fiscal years and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. For the purpose of enabling the Town Manager to make up the annual estimate of expenditures, all boards, officers, and committees of the Town shall, upon the Town Manager’s written request, furnish all information in the possession and submit in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the next fiscal year.

SECTION 28 Annual Budget.

The Select Board shall consider the tentative budget submitted by the Town Manager and make such recommendations relative thereto as they deem expedient and proper in the interests of the Town. No later than 65 days prior to the Annual Town Meeting, the Select Board shall transit a copy of the budget together with their recommendations relative thereto to each member of the Finance Committee.

Between May 15 and July 15 of each year, in closing the fiscal year, the Town Manager, with the approval of the Select Board and the Finance Committee, may transfer funds between departments and categories appropriated within the municipal operating budget for the year then ending; said actions may be taken without further town meeting approval, provided the total budget is not increased, and provided further that the aggregate total of funds transferred pursuant to the provisions of this Section shall not exceed two percent (2%) of the total municipal operating budget for the year then ending.

SECTION 29 Finance Committee.

The Finance Committee shall continue to exist as it is now established in accordance with chapter four of the By-Laws of the Town of Ipswich.

SECTION 30 By-Laws, Rules, Etc.

All laws, by-laws, rules and regulations in force in the Town of Ipswich when this act takes effect, not inconsistent with its provisions, whether enacted by authority of the Town or any other authority, shall continue in full force and effect until otherwise provided by law, by-law or vote, respectively; all other laws, by-laws, rules and regulations, so far as they refer to the Town of Ipswich, are hereby repealed and annulled, but such repeal shall not revive any pre-existing enactment.

SECTION 31 Submission of Act and Time of Taking Effect.

This act shall be submitted to the qualified voters of the Town of Ipswich for acceptance at the annual town meeting to be held in the year nineteen hundred and sixty-seven in the form of the following question which shall be placed upon the official ballot to be used at said meeting: "Shall an act passed by the General Court in the year nineteen hundred and sixty-six, entitled 'An Act establishing a Selectmen-Town Manager form of government for the Town of Ipswich', be accepted?" If a majority of the votes in answer to said question is in the affirmative, this act shall thereupon take effect immediately, but not otherwise.

SECTION 32 Revocation of Acceptance.

At any time after the expiration of three years from the date on which this act is accepted and not less than sixty days before the date of an annual town meeting, a petition signed by not less than twenty percent of the registered voters of the Town may be filed with the Select Board, requesting that the question of revoking the acceptance of this act be submitted to the voters. Thereupon the Select Board shall cause the question of revocation of the acceptance to be placed on the ballot at the next annual town election. At said election the vote shall be taken in answer to the following question which shall be printed on the official ballot: "Shall an act passed by the General Court in the year nineteen hundred and sixty-six, entitled 'An Act establishing a Selectmen-Town Manager form of government for the Town of Ipswich', be retained?" If retention of the act is favored by a majority of the voters voting thereon, no further petition therefor shall be filed under this section more often than once every three years thereafter. If retention of this act is not favored by a majority of the voters voting thereon, this act shall cease to be operative on and after the next annual town election following such vote, the term of office of the Town Manager terminating at that time. At the first annual town election following such vote of revocation, the registered voters of the Town shall elect by ballot all elective officers, boards, and committees whose election of office was required immediately prior to the acceptance of this act, but whose election to office was not required according to the terms of this act; provided, however, that the Town has not voted to accept other plans which provide for a different arrangement from that existing immediately prior to the acceptance of this act. It shall be the duty of the Select Board and the Town Clerk in office, and any other Town official upon whom by reason of his office a duty devolves when this act is revoked, to comply with all of the requirements of this section relating to elections, to the end that all things may be done necessary for the nomination and election of the officers required to be elected following the revocation of this act. The said revocation shall not affect any contract then existing or any action at law of any suit in equity or any other proceedings then pending. Any special laws relative to said Town which are repealed by this act shall be revived by this revocation. All laws, by-laws, votes, rules, and regulations repealed and annulled as provided in section thirty shall be revived by such revocation. By-laws, votes and rules and regulations in force when said revocation takes effect, so far as consistent with the General Laws respecting town government and town officers and with special laws, shall not be affected thereby. For those positions for which the unexpired terms of office were not affected by the acceptance of this act, the unexpired terms of office shall not be affected by the revocation of this act.

SECTION 33 Recall of Elected Officials.

(a) Any holder of an elected office in the town of Ipswich who has held an elected town wide office and whose term of office extends beyond the next annual town election, may be recalled therefrom by the registered voters of the town as provided in this section, for reasons of: (i) conviction of a felony while in office or conviction of the following misdemeanors, as defined by the General Laws, while in office: domestic violence, driving under the influence of alcohol or drugs, the illegal manufacture, distribution or dispensing of controlled substances, assault or criminal harassment; (ii) admission to facts, while in office, sufficient to be convicted of a felony or sufficient to be convicted of the following misdemeanors, as defined in the General Laws: domestic violence, driving under the influence of alcohol or drugs, the illegal manufacture, distribution or dispensing of controlled substances, assault or criminal harassment; (iii) being in violation of the conflict of interest law, in chapter 268A of the General Laws, while in office, as determined by the state ethics commission or the attorney general; or (iv) attended less than 50 per cent of the posted public meetings of the board or office on which the official was an elected member or to which the official was elected or appointed as part of that official's elected position during the previous 12 months. The elected official's vote on a matter, other than in connection with a conflict of interest violation, shall not be grounds for a recall petition.

(b) Ten or more registered voters of the town of Ipswich may make and file a notice of intent with the town clerk bearing the name of the elected official sought to be recalled and a statement of the specific grounds for the recall as established under subsection (a), with information sufficient to support the specific grounds for recall, at least 170 days before the next annual town election. Upon certification of the required signatures by the registrar of voters and a determination that the notice of intent contains information sufficient to support the specific grounds for the recall, as confirmed by town counsel, within 5 business days, the clerk shall deliver to the first named voter on the notice of intent, the petition forms, addressed to the Select Board requesting a recall. The petition forms shall be issued under the signature and official seal of the town clerk. The petition forms shall be dated and shall contain the names of the first 10 registered voters whose names appear on the notice of intent to recall. In addition, the petition shall request the election of a successor to the office. A copy of the petition form shall be entered in a record book to be kept in the office of the town clerk. The recall petition forms shall be returned and filed with the town clerk within 60 days after the receipt of the signed petition forms, or the next business day if the sixtieth day falls on a Saturday, Sunday or legal holiday, with signatures, names and precincts. The town clerk shall, within 3 business days after the petition forms are filed with the office of the town clerk, submit the recall petition forms to the registrar of voters. The registrar shall, within 15 business days after the date of receipt, certify in writing to the town clerk, the number of signatures which are names of registered voters in Ipswich.

(c) If the recall forms shall be certified by the registrar of voters to contain at least 1500 signatures of registered voters in Ipswich, including at least 200 registered voters from each precinct, the petition shall be filed by the town clerk with the Select Board within 2 business days. The Select Board shall give notice following the next scheduled Select Board meeting, in writing, to the elected official whose recall is sought by sending that elected official a copy of the certified recall petition. If the elected official to whom the recall is directed by the Select Board does not resign the office within 5 business days from the date of notice, the Select Board shall order a recall election to be held on the date of the next town election. If a vacancy occurs in the office after a recall election has been ordered, the election shall proceed as provided in this section, but only ballots for the new candidates shall be counted.

(d) An elected official whose recall is sought shall not be a candidate in the recall election. The nomination of candidates, the publication of the warrant for the recall election and the conduct of the election shall be in accordance with the state and local laws relative to elections, unless otherwise provided in this section.

(e) The incumbent shall continue to perform the duties of the office until the recall election, unless the elected official resigns. If the incumbent is not recalled, that person shall remain in office for the remainder of the incumbent's unexpired term, subject to recall as before, except as provided by this section. If recalled in the recall election, the incumbent shall be considered removed upon the qualification of the successor, who shall hold office during the unexpired term.

(f) Ballots used in a recall election shall contain the following propositions in the order indicated: For the recall of (name of elected official) who holds the position of (elected office) Against the recall of (name of official) who holds the position of (elected office) Immediately at the right of each proposition there shall be a designated space for voters to vote for either of the propositions. Under the propositions shall appear the words "Candidates and directions to voters required by section 42 of chapter 54 of the General Laws" and beneath those words, the names of the candidates nominated listed alphabetically as herein provided. If a majority of the votes cast upon the question of the recall is in favor of the recall, the elected official shall be recalled and the ballots for candidates shall be counted. The candidate receiving the highest number of votes shall be declared elected. If the majority of the votes are cast in the negative, the ballots for candidates need not be counted unless the incumbent official has previously resigned or a vacancy occurs in the office after a recall election has been ordered under subsection (c).

(g) A recall petition shall not be filed against an elected official within 6 months after the official has taken office, unless the elected official has been re-elected to another consecutive term in office, then a recall petition may be filed not sooner than 3 months after such official takes office on the re-election vote. In the case of an elected official subjected to a recall election and not recalled, a recall petition shall not be filed against that official until at least 6 months after the election at which the recall was submitted to the voters of the town; provided, however, that an elected official shall not be subject to a subsequent recall petition for the same specific grounds that were the basis of any prior recall petition.

(h) A person who has been recalled from office, or who has resigned from office after the recall petition has been certified by the registrar of voters, shall not be appointed to any town office, board or committee within 2 years after the recall or resignation.

Section 34 Charter Changes

This charter may be revised or amended in accordance with the procedures made available by Article LXXXIX (89) of the Amendments to the State Constitution and any legislation enacted to implement the said amendment, including by further act of the General Court, or by the Town, as follows:

(a)Amendments to this charter relating in any way to the composition of the town meeting or the composition or mode of election or terms of the office of selectmen or the town manager may be proposed only by a charter commission elected under Chapter 43B of the General Laws.

(b) Amendments to the charter relating to other matters may be proposed by a two -thirds vote at a duly called town meeting in accordance with the said General Law.

(c) Favorably voted proposals for revision under either (a) or (b) shall be submitted to the voters on the ballot at the next annual election.

Name:	District/Address:
Bruce E. Tarr	First Essex and Middlesex
Bradford Hill	4th Essex