SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2999

The Commonwealth of Massachusetts

_______________

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

_______________

SECTION 1. Section 1-3-1 of chapter 1 of the charter of the town of Lynnfield, 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 word “selectmen” and inserting in place thereof the following words:- select board.

SECTION 2. Section 2-2-4 of 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 3.  Section 2-3-3 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 4.  Section 2-3-5 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 5.  Section 2-4-1 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 6.  Section 2-5-1 of said chapter 2 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:-  The moderator.

SECTION 7.  Said charter is hereby further amended by striking out chapter 3 and inserting in place thereof the following chapter:-             

CHAPTER 3

THE SELECT BOARD

Section 1 The Select Board

3-1-1A select board of 3 members shall be elected for 3-year overlapping terms. The regular election for the office of a member of the select board shall be held in accordance with chapter 8.

3-1-2A vacancy on the select board shall be filled by special election in accordance with the General Laws.

Section 2 General Powers

3-2-1All executive powers of the town, except as otherwise provided in this charter, shall be vested in the select board. It is the intent of this section that the select board shall exercise control over town affairs by recommending major courses of action to the town meeting and by setting policies to be carried out by the town administrator and other officers, boards and commissions appointed by the select board.

3-2-2The select board shall have the power to enact rules and regulations relating to the conduct of town elections and for the establishment of town policies not otherwise governed by statute, this charter or by-law; provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the select board shall be effective only if such appropriation shall be made by the town meeting.

Section 3 Powers of Appointment

3-3-1The select board shall have the powers of appointment as provided in chapter 5.

Section 4 Powers of Investigation

3-4-1The select board may make investigations and may authorize the town administrator or other agent to investigate the affairs of the town and the conduct of any town department, office or agency, including any doubtful claims against the town. For this purpose, the select board may subpoena witnesses, administer oaths, take testimony and require the production of evidence. The report of such investigation shall be placed on file in the office of the town administrator and a report summarizing such investigation shall be printed in the next annual town report.

Section 5 Administrative Reorganization

3-5-1Except as otherwise provided by the General Laws, any function assigned to a particular department, office or agency may be assigned to another by vote of the town meeting. Any article providing for such a reorganization shall be considered previously and a recommendation issued thereon by the select board.

SECTION 8.  Chapter 4 of said charter is hereby amended by striking out section 4-1-3 and inserting in place thereof the following section:-

4-1-3During the term for which a member of a board or commission established under this chapter is elected and for 1 year following the expiration of any such member’s term, no such member shall be eligible to accept any appointed paid town position.

SECTION 9.  Section 4-2-1 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 10.  Chapter 5 of said charter is hereby amended by striking out the title an inserting in place thereof the following title:-

APPOINTMENTS BY THE SELECT BOARD.

SECTION 11.  Section 5-1-1 of said chapter 5 of said chapter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:-  select board.

SECTION 12.  Section 3 of said chapter 5 of said charter 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 13.  Section 5-5-1 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 14.  Said section 5-5-1 of said chapter 5 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:-  the appointee’s.             

SECTION 15.  Section 5-5-3 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 16.  Section 7 of said chapter 5 of said charter 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 17.  Section 5-7-1 of said chapter 5 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:-  the town administrator’s.

SECTION 18.  Said section 7 of said chapter 5 of said charter is hereby amended by striking out the word “He”, each time it appears, and inserting in place thereof, in each instance, the following words:-  The town administrator.

SECTION 19.  Section 5-8-1 of said chapter 5 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:-  the town administrator’s.             

SECTION 20.  Section 5-8-2 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 21.  Section 5-8-3 of said chapter 5 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:-  the town administrator’s.

SECTION 22.  Section 5-8-4 of said chapter 5 of said charter is hereby amended by striking out the word “he”, each time it appears, and inserting in place thereof, in each instance, the following words:-  the moderator.             

SECTION 23.  Section 5-8-5 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 24.  Said chapter 5 of said charter is hereby further amended by striking out section 5-8-6 and inserting in place thereof the following section:-

5-8-6Final removal of a town administrator shall be effected by the affirmative vote of 3 members of the select board, at a public meeting of the select board held within 7 days of such public hearing if the town administrator shall have requested a hearing.  If the town administrator shall not have requested a hearing, final removal may be effected by the affirmative vote of 3 members of the select board held not sooner than 14 days after the vote initiating the removal. The salary of the town administrator shall continue to be paid for a period of 30 days after the vote effecting the town administrator’s removal from office.

SECTION 25.  Chapter 6 of said charter is hereby amended by striking out section 6-1-2 and inserting in place thereof the following section:-

6-1-2Any person duly elected to any office or board shall take up the duties of that office immediately; provided, however, that such person shall have first been sworn to the faithful performance of the duties of that office.

SECTION 26.  Said chapter 6 of said charter is hereby further amended by striking out section 6-4-1 and inserting in place thereof the following section:-

6-4-1  An elective officer of the town may be recalled and removed from public office by the voters of the town as herein provided. Any voter of the town may file with the director of finance and administrative services a petition containing the name and title of the elective officer whose removal is sought, together with a statement of the grounds for such elective officer’s removal. The petition shall be filed with the director and shall be signed in ink or indelible pencil by qualified voters of the town equal in number to at least 20 per cent of the voters registered at the last regular municipal election; provided, however, that no recall petition may be filed against an elective officer until such person shall have held office for at least 6 months. The petition shall be accompanied by affidavits as to authenticity of signatures, signed and sworn to by each circulator.

SECTION 27.  Section 6-4-4 of said chapter 6 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following words:-  such person.

SECTION 28.   Section 7-3-1 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 29.   Section 7-3-2 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 30.   Section 7-4-1 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 31.  Section 7-4-3 of said chapter 7 of said charter is hereby amended by striking out the words “him to the Finance Committee, provided that the appointee shall first have been served with a written notice specifying the Moderator’s intention, specifying his reasons therefore, and informing the appointee of his” and inserting in place thereof the following words:-  the moderator to the finance committee, provided that the appointee shall first have been served with a written notice specifying the moderator’s intention, specifying the moderator’s reasons therefor and informing the appointee of the appointee’s.

SECTION 32.   Section 7-5-2 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 33.   Section 7-5-3 of said chapter 7 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:-  select board.             

SECTION 34.   Section 7-5-4 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 35.   Section 7-6-2 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 36.   Section 7-6-4 of said chapter 7 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:-  select board.             

SECTION 37.   Section 7-7-1 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 38.  Section 7-7-4 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 39.   Section 7-10-2 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 40.   Section 7-11-1 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 41.  Said chapter 7 of said charter is hereby further amended by striking out section 7-12-1 and inserting in place thereof the following section:-

7-12-1If at any time during the fiscal year it appears probable to the town administrator that the revenue available will be insufficient to meet the amount appropriated, the town administrator shall report to the select board without delay, indicating the estimated amount of the deficit and any remedial action taken by the town administrator and the town administrator’s recommendations as to any other steps to be taken. The select board shall then take such further action as it deems necessary.              

SECTION 42.  Section 7-14-1 of said chapter 7 of said charter is hereby amended by string out the word “his” and inserting in place thereof the following words:-  such town officer’s or employee’s.

SECTION 43.   Section 8-1-1 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 44.  Said chapter 8 of said charter is hereby further amended by striking out section 8-2-1 and inserting in place thereof the following section:-

8-2-1The select board may appoint a planning director from a list of 2 or more eligible candidates prepared by the planning board. The director shall be professionally qualified for the duties of a planning director by reason of education, training and experience and shall provide planning director services under the direction of the planning board.

SECTION 45.  Section 8-3-1 of said 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 46.  Section 9-1-2 of chapter 9 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.  Section 9-3-3 of said chapter 9 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 48.  Section 9-5-2 of said chapter 9 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 49. Section 10-4-1 of chapter 10 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 50.  Section 10-5-1 of said chapter 10 of said charter is hereby amended by striking out the word “chairman” and inserting in place thereof the following word:-  chair.

SECTION 51. Section 10-6-3 of said chapter 10 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:- such person’s. 

SECTION 52. Section 11-6-2 of chapter 11 of said charter 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 53. This act shall take effect upon its passage.” and

by striking out the title and inserting in place thereof the following title:-  “An act providing for a gender neutral charter in the town of Lynnfield.”