Bill S.2557

SENATE DOCKET, NO. 2828 FILED ON: 2/20/2020

SENATE . . . . . . . . . . . . . . No. 2557

By Mr. Tran, a petition (accompanied by bill, Senate, No. 2557) of Dean A. Tran and Stephan Hay (by vote of the town) for legislation to amend the charter for the town of Lunenburg. 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 revising the town charter of Lunenburg.

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 charter of the town of Lunenburg, adopted at the town election in 1999 and filed in the office of the archivist of the Commonwealth as provided in section 12 of chapter 43B of the General Laws, as amended by the town on May 3, 2008 and enacted by the Senate and House of Representatives of the General Court on October 8, 2009, is hereby amended by striking out the words “board of selectmen,” each time they appear, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 2. Section 1-2 of said charter is hereby amended by striking out the words “Lunenburg Home Rule Charter” and inserting in place thereof the following words:- Charter of the Town of Lunenburg.

SECTION 3. Section 1-4 of said charter is hereby amended by striking out the words “board of selectmen” in the first sentence and inserting in place thereof the following words:- select board, formerly called the board of selectmen.

SECTION 4. Said section 1-4 of said charter is hereby amended by inserting in the second sentence, between the words “all” and “voters,” the following word:- registered.

SECTION 5. Section 1-7 of said charter is hereby amended by adding the following subsection:-

SECTION 6. Subsection (f) of said section 1-7 of said charter is hereby amended by striking out the word “commonwealth” and inserting in place thereof the following words:- Commonwealth of Massachusetts.

SECTION 7. Said section 1-7 of said charter is hereby amended by striking out subsection (j) and inserting in place thereof the following subsection:-

(j) “Quorum”, a simple majority of the entire authorized complement of a multiple member body unless, some other number is required by law or by-law.

SECTION 8. Subsection (m) of said section 1-7 of said charter is hereby amended by striking out the word “in” and inserting in place thereof the following word:- at.

SECTION 9. Said section 1-7 of said charter is hereby amended by re-lettering existing subsections (c) through (p) as subsections (d) through (q), respectively.

SECTION 10. Subsection (b) of section 2-3 of said charter is hereby amended by inserting at the end of the first sentence the following words:- and who are residents registered to vote in town.

SECTION 11. The title of subsection (c) of said section 2-3 of said charter is hereby amended by inserting at the beginning thereof the following words:- Finance Committee.

SECTION 12. Section 2-7 of said charter is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Referral - Forthwith following receipt of any proposed warrant article the select board shall cause a written or electronic copy of the proposal to be provided to the chairperson of the finance committee, a copy to be posted on the town bulletin board and shall cause such other distribution to be made of each such proposal as may be required by law or by-law.

SECTION 13. Subsection (g)(1) of section 3-1 of said charter is hereby amended by striking out the words “6 months” and inserting in place thereof the following words:- 180 days.

SECTION 14. Subsection (g)(3) of said section 3-1 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.

SECTION 15. Subsection (g)(7) of said section 3-1 of said charter is hereby amended by striking out the words “3 months,” each time they appear, and inserting in place thereof, in each instance, the following words:- 90 days.

SECTION 16. Subsection (d) of section 3-2 of said charter is hereby amended by striking out the words “a director of said council” in the first sentence.

SECTION 17. Said subsection (d) of said section 3-2 of said charter is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-

The appointment of a town treasurer, town collector, director of municipal finance, police chief, fire chief, director of the department of public works, council on aging director, animal control officer, building commissioner, inspector of wires and plumbing inspector by the town manager shall become effective on the fifteenth day following the day on which notice of the appointment is filed with the select board, unless the select board shall, within that period, by a majority vote of all its members, reject such appointment, or has sooner voted to ratify it.

SECTION 18. Subsection (b)(1) of section 3-3 of said charter is hereby amended by striking out the word “elect” and inserting in place thereof the following word:- appoint.

SECTION 19. Subsection (b) of section 3-5 of said charter is hereby amended by inserting in the first sentence, between the words “the” and “responsibility,” the following word:- sole.

SECTION 20. Section 3-7 of said charter is hereby amended by striking out subsection (b), including subsections (b)(1), (b)(2) and (b)(3), and inserting in place thereof the following subsection:-

(b) Powers and Duties - The Board of Trustees acts as an agent of the public trust governing the Library. The Library Board of Trustees creates the general operating and administrative policies relating to budget, personnel and contracts as is specified by state law and local ordinances. All funds raised or appropriated by the town for the support and maintenance of the library shall be expended under the direction of said board. All funds which the town may receive by gift, bequest or otherwise for library purposes shall be administered under the direction of said board in accordance with the terms of such gift, bequest or otherwise. The Board hires and manages the Library Director. The responsibilities and governance of the Library Board cover these specific areas: Legal, Policy making, Financial governance, and Strategic planning.

The board of trustees of the public library shall, in all matters of general municipal policy and procedure, be subject to policy directives designed to achieve uniformity and better administrative control as may from time to time be established by the town manager.

The Library Director exercises professional judgment under the direction and review of the Board to implement the strategic objectives and policies set by the Board. The Library Director is responsible for the day-to-day administration of the library including management of personnel, collection development, budget, physical plant and programmatic functions subject to policy directives established by the trustees. The Director will work in conjunction with the Board of Trustees on strategic planning and library policies. The Library Director will prepare an annual budget for approval by the trustees. The Library Director will hire library employees, fix their salaries, define their duties, make rules concerning their tenure of office and discharge them in accordance with and within the limits established by the town personnel by-laws; policies, procedures and practices and any applicable collective bargaining agreement, in accordance with municipal policies.

To make all reasonable rules and regulations for the operation and management of the library system and for the conduct of its own business and affairs as may be deemed necessary.

The board of trustees of the public library shall have all of the other powers and duties which are given to library trustees by general law, this charter, by-law or other vote of the town meeting.

SECTION 21. Section 3-9 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) Composition, Term of Office - There shall be a board of park commissioners consisting of 5 members who shall be elected for terms of 3 years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year.

SECTION 22. Subsection (c) of section 3-10 of said charter is hereby amended by striking out the word “affirm” in the first sentence and inserting in place thereof the following word:- ratify.

SECTION 23. Said subsection (c) of said section 3-10 of said charter is hereby amended by inserting after the first sentence the following sentence:-

The town manager will be responsible for supervision, evaluation, and all personnel actions relating to this position.

SECTION 24. Subsection (c) of section 3-14 of said charter is hereby amended by striking out the word “affirm” and inserting in place thereof the following word:- ratify.

SECTION 25. Said subsection (c) of said section 3-14 of said charter is hereby amended by inserting at the end thereof the following sentence:-

The town manager will be responsible for supervision, evaluation, and all personnel actions relating to this position.

SECTION 26. Section 4-1 of said charter is hereby amended by striking out the words “a list” and “list” in the third sentence and inserting in place thereof, in each instance, the following word:- name(s).

SECTION 27. Said section 4-1 of said charter is hereby amended by striking out the words “12 months” in the ninth sentence and inserting in place thereof the following words:- 365 days.

SECTION 28. Said section 4-1 of said charter is hereby amended by striking out the words “3 months” in the fifteenth sentence, each time they appear, and inserting in place thereof, in each instance, the following words:- 90 days.

SECTION 29. Section 4-2 of said charter is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) to recommend to the select board candidates to be appointed by the select board to the offices of the town treasurer and town collector, who may be the same individual; to appoint candidates to be ratified by the select board to the offices of director of municipal finance, police chief, fire chief, director of the department of public works, council on aging director, animal control officer, building commissioner, inspector of wires and the plumbing inspector; to appoint candidates to be ratified by the board of assessors to the office of professional assessor; to appoint candidates to be ratified by the planning board to the office of planning director; and to appoint candidates to be ratified by the board of sewer commissioners to the office of sewer business manager; provided, however, that the provisions of this section shall apply to the appointment of any person under any other title who will perform, as the result of any reorganization of the administrative structure of the town, substantially similar duties as the officers named in this section.

SECTION 30. Subsection (d) of said section 4-2 of said charter is hereby amended by inserting, after the words “subject to the provisions of,” the following words:- the town personnel by-law.

SECTION 31. Said subsection (d) of said section 4-2 of said charter is hereby amended by striking out the word “affirm” and inserting in place thereof the following word:- ratify.

SECTION 32. Subsection (e) of said section 4-2 of said charter is hereby amended by inserting at the end thereof the following words:- except the school department.

SECTION 33. Subsection (i) of said section 4-2 of said charter is hereby amended by striking out the words “the library trustees.”

SECTION 34. Subsection (j) of said section 4-2 of said charter is hereby amended by striking out the words “5 fiscal years next ensuing” and inserting in place thereof the following words:- following 5 fiscal years.

SECTION 35. Subsection (l) of said section 4-2 of said charter is hereby amended by inserting, after the words “including contracts with town employees,” the following words:- and bargaining units subject to ratification by the select board.

SECTION 36. Subsection (m) of said section 4-2 of said charter is hereby amended by striking out the words “chapter 30B of.”

SECTION 37. Said subsection (m) of said section 4-2 of said charter is hereby amended by striking out the words “section 103 of chapter 41 of.”

SECTION 38. Section 4-5 of said charter is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Within 5 days after receipt of the preliminary resolution the town manager may request a public hearing by filing a written request for such hearing with the select board as well as the town clerk who shall immediately notify the moderator. This hearing shall be held at a meeting of the appointing authority called by the town moderator not later than 30 days, nor earlier than 20 days after the request is filed. The town moderator shall preside over the hearing. The town manager may file a written statement responding to the reasons for removal stated in the resolution of removal provided the same is received by the town moderator at least 48 weekday hours in advance of the public hearing. At any such hearing, the reason for the removal shall first be read aloud. The town manager shall then have the right to respond, either personally or through counsel. The select board and the town manager shall have the right to call and cross-examine witnesses and to subpoena any town records.

SECTION 39. Subsection (a) of section 5-3 of said charter is hereby amended by striking out the words “who may be the town manager established by article 4, which” in the first sentence and inserting in place thereof the following words:- who is either the town manager or the town manager’s appointee per Article 4, who.

SECTION 40. Said subsection (a) of said section 5-3 of said charter is hereby amended by striking out the word “affirm” in the second sentence and inserting in place thereof the following word:- ratify.

SECTION 41. Subsection (d)(5) of said section 5-3 of said charter is hereby amended by striking out the words “in section 103 of chapter 41 of” and inserting in place thereof the following word:- by.

SECTION 42. Said subsection (d)(5) of said section 5-3 of said charter is hereby amended by striking out the words “of chapter 30B.”

SECTION 43. Section 6-3 of said charter is hereby amended by striking out the words “in a local newspaper” in the second sentence and inserting in place thereof the following words:- on the town website.

SECTION 44. Said section 6-3 of said charter is hereby amended by inserting at the end thereof the following sentence:-

The summary of the budget shall be mailed with the warrant to households with registered voters as provided in the town by-laws.

SECTION 45. Section 6-4 of said charter is hereby amended by striking out the word “affect” in the second sentence and inserting in place thereof the following word:- effect.

SECTION 46. Section 6-6 of said charter is hereby amended by striking out subsections (a), (b) and (c) and inserting in place thereof the following subsections:-

(a) proposed expenditures for current operations during the ensuing fiscal year, detailed by town agency appropriation, and the method of financing such expenditures;

(b) proposed capital expenditures during the ensuing fiscal year, detailed by town agency, and the proposed method of financing each such capital expenditure;

(c) estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes; and

(d) identify all other available sources of funding.

SECTION 47. Subsection (b) of section 7-8 of said charter is hereby amended by striking out the words “At least 24 hours” in the first sentence and inserting in place thereof the following words:- Except in an emergency, at least 48 hours not including Saturdays, Sundays and legal holidays.

SECTION 48. Said subsection (b) of said section 7-8 of said charter is hereby amended by inserting at the end thereof the following words:- in accordance with the General Laws.

SECTION 49. Said section 7-8 of said charter is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Rules and Minutes - Each multiple member body shall determine its own rules and order of business unless otherwise provided by this charter, by-laws or by General Law and shall provide for keeping minutes of its proceedings. These rules and minutes shall be public records, and copies shall be kept available in the office of the town clerk.

SECTION 50. Subsection (d) of said section 7-8 of said charter is hereby amended by striking out the word “journal” and inserting in place thereof the following word:- minutes.

SECTION 51. Subsection (e) of said section 7-8 of said charter is hereby amended by striking out the words “A majority of the members of the multiple member body then in office” in the first sentence and inserting in place thereof the following words:- A simple majority of the entire authorized complement of the multiple member body.

SECTION 52. Said section 7-8 of said charter is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:-

(f) Filling of Vacancies - Whenever a vacancy shall occur in the membership of an appointed multiple member body, the remaining members shall forthwith and no later than 30 days thereafter, give written notice of such vacancy to its appointing authority. If no notice is given, the vacancy shall be deemed to have occurred 30 days after it actually occurs or after it becomes known to the appointing authority, whichever is later. If, at the expiration of 60 days following the delivery of such notice to the appointing authority, and there is a candidate(s) available, said appointing authority has not appointed some person to fill the vacancy, the remaining members of the multiple member body shall fill such vacancy for the remainder of any unexpired term by majority vote of the remaining members.

SECTION 53. Section 7-10 of said charter is hereby amended by inserting in the first sentence, after the words “can be anticipated,” the following words:- by a Town employee, other than those on multiple-member bodies.

SECTION 54. Said charter is hereby amended by adding the following Section 7-11:-

SECTION 7-11 ENFORCEMENT OF CHARTER PROVISIONS AND TOWN GENERAL BY-LAWS

It shall be the duty of the town manager to see that the provisions of the charter and town general by-laws are faithfully followed and complied with by all town agencies and town employees. Whenever it appears to the town manager that any town agency or town employee is failing to follow any provision of this charter or town general by-laws the town manager shall, in writing cause notice to be given to such agency or employee directing compliance with the charter or the by-laws. If it shall appear to the select board that the town manager personally is not following the provisions of the charter or town general bylaws it shall, by resolution, direct the attention of the town manager to those areas in which they believe there is a failure to comply with charter provisions. The procedures made available in chapter 231A of the Massachusetts General Laws may be used to determine the rights, duties, status, or other legal relations arising under this charter or town general by-laws, including any question of construction or validity which may be involved in such determination.

SECTION 55. This act shall take effect upon its passage.

SECTION 56. The General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of the Home Rule Petition; provided, however, that any such changes or alterations to the text of said legislation shall occur only following consultation with and approval of the Town of Lunenburg Charter Review Committee.

Name:	District/Address:
Dean A. Tran	Worcester and Middlesex
Stephan Hay	3rd Worcester