Bill H.3794

HOUSE DOCKET, NO. 3094 FILED ON: 2/18/2021

HOUSE . . . . . . . . . . . . . . . No. 3794

By Representative Peake of Provincetown and Senator Cyr, a joint petition (accompanied by bill, House, No. 3794) of Sarah K. Peake and Julian Cyr (by vote of the town) relative to the charter of the town of Eastham. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the charter of the town of Eastham.

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 Chapter 415 of the acts of 1998 is hereby repealed.

SECTION 2. Chapter 17 of the acts of 2006 is hereby repealed.

SECTION 3. Chapter 19 of the acts of 2011 is hereby repealed.

SECTION 4. Chapter 20 of the acts of 2011 is hereby repealed.

SECTION 5. Chapter 143 of the acts of 2018 is hereby repealed.

SECTION 6. The following shall be the charter of the town of Eastham:-

Charter

Article I

Definitions

Section 1-1. Definitions.

As used in this charter the following terms shall, unless the context clearly requires otherwise, have the following meanings:

“Appoint”, to select a person to fill an office or to employ in the service of the town.

“Charter,” this charter and any amendments to it made through any of the methods provided under articles 89 and 113 of the amendments to the constitution.

“General Laws”, the Official Edition of the General Laws.

“Local newspaper”, a newspaper of general circulation in the town.

“Majority vote”, a majority of those present and voting; provided, that a quorum of the body is present.

“Multimember body”, any board, commission, committee, task force or other such body of the town consisting of 2 or more persons, whether appointed or elected.

“Town”, the town of Eastham.

“Town agency”, any office, department, board, committee or commission of the town government.

“Voters”, registered voters of the town of Eastham.

Article II

Incorporation and Powers

Section 2-1. Incorporation.

The inhabitants of the town of Eastham, within the territorial limits established by law, shall continue to be a body corporate and politic under the name "town of Eastham."

Section 2-2. Short Title.

This instrument shall be known and may be cited as the Eastham home rule charter.

Section 2-3. Division of Powers.

The legislative powers of the town shall be vested in a town meeting open to all voters. Responsibility for the fiscal, prudential and municipal affairs of the town shall be vested in a nonpartisan executive branch headed by a select board.

Section 2-4. Powers of the Town: Intent of the Voters.

It is the intent of the voters of the town of Eastham, through the adoption of the charter, to secure for the town of Eastham all of the powers possible under the constitution and General Laws as fully and as completely as though each such power were specifically and individually enumerated herein.

Section 2-5. Interpretation of Powers.

The powers of the town under the charter shall be construed liberally in favor of the town and the specific mention of any particular power is not intended to limit the general powers of the town as stated in section 2-4.

Section 2-6. Intergovernmental Regulations.

The town may enter into agreements with any other agency of municipal government, agency of the commonwealth, other states or the United States government to perform jointly, by contract or otherwise, any of its powers or functions and may participate in the financing thereof.

Article III

Legislative Branch

Section 3-1. Open Town Meeting.

The legislative powers of the town shall be vested in a town meeting open to all voters. A quorum for conducting town business shall be set by by-law.

Section 3-2. Presiding Officers.

A moderator, elected as provided in article IV, shall preside and regulate the proceedings of each session of the town meeting.

Section 3-3. Annual Town Meeting.

The annual town meeting shall be held on a date fixed by by-law and at such time and place as the select board shall designate.

Section 3-4. Special Town Meetings.

Special town meetings may be held at the call of the select board at such times as it may deem appropriate and whenever a special town meeting is requested by voters in accordance with procedures established by General Laws, town by-law or this charter.

Section 3-5. Warrants.

Every town meeting shall be called by a warrant issued by the select board that shall state the time and place at which the town meeting is to convene and, by separate articles, the subjects that are to be acted upon.

The select board shall prepare the warrant for all town meetings and, by public notice published in a local newspaper, shall advertise the date of the opening and closing of the warrant for all town meetings.

The warrant shall include rules and procedures as provided for in subsection (b) of section 3-8.

The opening of the warrant shall be no less than 90 days prior to the date of the annual town meeting. The opening of the warrant for any special town meeting shall be no less than 20 days prior to the date of the special town meeting.

The warrant for the annual town meeting shall remain open no less than 30 days.

A notice of the availability of the warrant shall be published on the town website and in a local newspaper at least 14 days prior to any such town meeting.

All said warrants shall also be posted in every post office in the town at least 14 days prior to any such town meeting and shall remain so posted until the date of the meeting.

The order of consideration of the articles as printed in the warrant may be changed only by a 2/3 vote of the town meeting.

Section 3-6. Certain Articles Having Fiscal Implications.

(a) All proposed operating expenses shall be included in a single article in the annual town meeting warrant. In addition, all proposed capital acquisitions expenditures shall be included in another, single article in the annual town meeting warrant.

(b) The select board and the finance committee shall review and comment on all articles calling for the appropriation of funds that are to be considered at all town meetings.

Section 3-7. Initiative.

(a) By written petition to the select board, 10 voters may secure the inclusion of an article in the warrant for the annual town meeting; provided, that such petition shall be submitted in accordance with by-laws governing town meeting warrants.

(b) By written petition to the select board, any 100 voters may secure the inclusion of an article for the warrant of any special town meeting; provided, that such petition shall be submitted in accordance with by-laws governing town meeting warrants.

Section 3-8. Town Meeting.

(a) Members of boards and commissions, town officers and department heads, or their duly designated representatives, shall attend town meeting for the purpose of furnishing information when proposals affecting their particular office, board or department are included in the warrant.

(b) The moderator shall prepare, in consultation with the town clerk, rules of parliamentary procedure in simplified form.

(c) No person shall speak twice on the same question until all those wishing to speak thereon have done so, nor shall any person speak for more than 5 minutes at a time, except by permission of the town meeting; provided, however, that the restrictions shall apply neither to those persons required to be in attendance under provision of subsection (a) nor to those persons making the original motion under any article.

(d) The select board shall, by recorded vote in the warrant, indicate its recommendations on all articles.

(e) No motion, the effect of which would be to dissolve the town meeting, shall be in order until every article in the warrant has been duly considered and acted upon. This requirement shall not preclude the postponement or consideration of any motion to adjourn the meeting to a stated time and place.

(f) All special committees created by any town meeting shall make a report in accordance with the schedule set by the town meeting action that created the committee. Such report shall serve to discharge any such committee unless the town meeting shall vote to prolong its existence for a period not exceeding 1 year. Written copies of such reports shall be submitted to the town clerk, town manager and the select board and shall be published in full or in summary form in the next annual town report.

Section 3-9. Amending the Charter.

(a) At least once every 10 years, a special committee shall be appointed by the town moderator, with notification to the select board, for the purpose of reviewing the provisions of the charter and to make a report, with recommendations to the town meeting, concerning any proposed amendments or revision which said committee may deem to be necessary or desirable. This charter may be revised, amended or replaced in accordance with the procedures made available by articles 89 and 113 of the amendments to the constitution and any legislation enacted to implement said amendments.

(b) Any future amendments to this charter shall minimize the use of pronouns by using the title of the office wherever possible and, where not possible, by using gender neutral pronouns such as they, them or their.

Article IV

Select Board and Other Elected Officers

Section 4-1. Select Board.

(a) A board of 5 members shall be elected at-large for 3-year overlapping terms.

(b) No select board member may hold any other elective town office.

(c) Vacancies on the select board shall be filled by special election in accordance with the General Laws if the vacancy occurs 8 months or more before the next scheduled regular election. If the vacancy occurs less than 8 months before the next scheduled regular election, the vacancy similarly may be filled by special election at the discretion of the board.

(d) The select board shall hold meetings no less than 2 times per month, in the evening or, if on a Saturday, during the day.

(e) Each member of the select board shall receive annual compensation and reimbursement for actual and necessary expenses incurred in the performance of their duties of office as provided by General Laws and vote of the town.

Section 4-2. Policy Leadership.

The select board shall serve as the chief executive goal-setting and policy-making agency of the town and as such shall not administer the day-to-day affairs of the town.

Section 4-3. Executive Powers.

(a) Except as otherwise provided by this charter, all executive powers of the town shall be vested in the select board, and it shall have all the powers and duties given to boards of selectmen under the constitution and General Laws and such additional powers and duties as may be authorized by this charter, by-law or town meeting vote.

(b) The select board shall have the power: (i) to issue licenses as authorized by law; (ii) to make all necessary rules and regulations regarding the issuance of such licenses; (iii) to attach conditions and to impose restrictions on any such licenses as it deems to be in the public interest; and (iv) to enforce all laws, rules, regulations and restrictions relating to all such businesses for which it issues licenses.

(c) Members of the select board shall possess no individual authority unless such authority shall have previously been granted by vote of the select board.

(d) The select board shall cause the charter, by-laws, rules and regulations and policies for the government of the town to be enforced and published and shall cause an up-to-date record of all its official acts to be kept.

Section 4-4. Appointment.

(a) The select board shall appoint a town manager. The appointment of the manager shall be at the affirmative vote of at least 4 members of the select board.

(b) The select board shall appoint a town counsel.

Section 4-5. Administration.

The responsibility for the administration of the town's business shall be vested in the town manager.

Section 4-6. Prohibitions.

No member of the select board shall serve on any appointed town board established by this charter or by by-law for which the select board is the appointing authority, except when acting in an ex-officio capacity.

Section 4-7. Powers in Intergovernmental Relations.

Members of the select board shall represent the town on regional or intermunicipal committees or may designate a town employee or other person to represent the town.

Section 4-8. Elected Officers and Town Boards.

(a) (1) There shall be a town moderator elected for a term of 3 years at an annual town election.

(2) The town moderator shall be the presiding officer of town meetings as provided in Article III of this charter, shall regulate its proceedings and shall perform such other duties as may be provided by General Laws, this charter, by-laws or vote of town meeting. The moderator shall appoint 2 members to the Cape Cod regional technical high school district committee, 3 members of the finance committee, 2 members of the search committee, all members of the charter review committee and such members to permanent and temporary committees as the town meeting may vote.

(b)(1) A town clerk shall be elected for a term of 3 years at an annual town election.

(2) The town clerk shall be the keeper of vital statistics for the town, be the custodian of the town seal and all records of the town, shall administer the oath of office to all town officers, elected and appointed, shall make recommendations to the select board for the appointment of members of the board of registrars and other election officials, shall issue permits and licenses required by law, shall supervise and manage the conduct of elections, shall serve as clerk of town meeting, and shall have all other powers and duties which are given to town clerks by General Laws, this charter, by-law or town meeting vote.

(c) There shall be an Eastham elementary school committee consisting of 5 members elected for terms of 3 years each, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year. The Eastham elementary school committee shall have all the powers and duties which are given to school committees by General Laws and it shall have such additional powers and duties as may be authorized by this charter, by by-law or by town meeting vote. The powers of the Eastham elementary school committee shall include, but not be limited to the following:

(i)To make all reasonable rules and regulations consistent with law for the administration and management of the public school system and for the conduct of its business and affairs; and

(ii)To vote on matters associated with the appointment and removal of officers and employees of the school system, including fixing their compensation, defining their duties, making rules regarding their tenure in office and discharging them as may be necessary.

(d) At least 1 representative shall be elected to the Nauset Regional School District committee for a term of 3 years. Any terms shall be arranged so that they will expire in different years.

(e) There shall be a board of library trustees consisting of 5 members, elected for 3-year overlapping terms at an annual election, that shall be responsible for the administration and operation of the public library. The town manager shall appoint the library director upon the recommendation of the board of library trustees.

(f) There shall be a housing authority consisting of 5 members, appointed and elected in accordance with sections 5 and 5A of chapter 121B of the General Laws, 1 of whom shall be appointed under the authority of the commonwealth and 4 of whom shall be elected. All members shall serve 5-year overlapping terms.

Section 4-9. Vacancies in Certain Elected Offices.

(a) If a vacancy occurs in a position on the Eastham elementary school committee, board of library trustees or housing authority, other than the position appointed by the state, the vacancy shall be filled by the select board and the remaining members of the respective body, jointly, from amongst the registered voters of the town following the procedures set forth in section 11 of chapter 41 of the General Laws. The person so appointed shall serve until the next regular election.

(b) If a vacancy occurs in the position of representative to the Nauset Regional School District Committee, the vacancy shall be filled by the select board from amongst the registered voters of the town. The person so appointed shall serve until the next regular election or sooner special election.

(c) In advance of a known temporary absence of the town moderator, the moderator may appoint a person to serve as acting town moderator who shall have and exercise all the powers given to the moderator for that meeting only. If there is a vacancy in the office of town moderator, the vacancy shall be filled at the next regular election. If a town meeting shall be held prior thereto, the select board and the finance committee acting jointly may appoint an acting town moderator who shall exercise all the powers given to the moderator for that meeting only.

Article V

Town Manager

Section 5-1. Appointment and Term of Office.

The select board, by an affirmative vote of at least 4 members, shall appoint a town manager to serve an indefinite term and shall fix the compensation for such person within the amount appropriated by the town. The town manager shall not have served in an elective office in the town government for at least 12 months prior to the appointment.

Section 5-2. Qualifications.

The town manager shall be appointed on the basis of education and executive and administrative qualifications. The educational qualifications shall consist of at least a bachelor's degree, granted by an accredited degree-granting college or university. Professional experience shall include at least 5 years of prior full-time compensated executive or administrative service in public or private business administration. Alternatively, at least 2 years of prior full-time compensated executive service in public or business administration and a master's degree in an appropriate discipline shall qualify an applicant.

Section 5-3. Powers and Duties.

(a) The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by General Laws, this charter or by-law under the control of the select board and the town manager. The manager shall implement the goals and carry out the policies of the select board.

(b) The town manager shall devote full time to the duties of the office and shall not hold any other public office, elective or appointive, nor be engaged in any other business, occupation or profession while serving in such office unless such action is approved, in advance and in writing, by the select board.

(1) To attend all meetings of the select board, unless excused at the town manager's request, and to speak but not to vote at all such meetings;

(2) To keep the select board fully informed as to the needs of the town and to recommend to the board for adoption by it such measures requiring action by it or by the town as the town manager deems necessary or expedient;

(3) To inform the select board of departmental operations, fiscal affairs, general problems and administrative actions, and to this end submit periodic reports;

(4) To keep the select board fully informed of the availability of all sources of outside funding, both public and private, including intergovernmental grants, so-called "in-lieu-of" payments, gifts, grants, contributions and otherwise, giving special consideration as to how any such funding source might relate to the short- and long-range needs and goals of the town;

(5) To fulfill all responsibilities and duties assigned to the town manager under Article VII of this charter;

(6) To manage during the fiscal year the annual operating budget and the capital acquisitions budget as voted by the town, so as to assure all such funds are expended or committed in accordance with General Laws, this charter, by-laws and the town meeting votes relating thereto;

(7) To act as the chief procurement officer for the town;

(8) To develop, keep and update annually a full and complete inventory of all real and personal property of the town;

(9) To attend and speak at any regular meeting of any town multimember body as the town manager chooses;

(10) To negotiate collective bargaining contracts on behalf of the select board, unless the town manager, with the approval of the select board, shall have designated another negotiator or negotiating team; provided, that all such contracts shall be subject to the approval of the select board;

(11) To authorize the assistant town manager, if any, to exercise the powers or perform the functions or duties assigned to the office of town manager in that manager’s absence for a period of no more than 2 weeks; provided, however, that all acts performed by the assistant town manager in such circumstance shall be deemed to be the acts of the town manager;

(12) To coordinate the activities of all town agencies serving under the office of town manager and the office of the select board with those under the control of other officers and multimember bodies elected directly by the voters. For this purpose, the town manager shall have authority to require the persons so elected or their representatives to meet with the town manager at reasonable times for the purpose of effecting coordination and cooperation among all agencies of the town;

(13) To attend all sessions of all town meetings and answer all questions directed to the town manager which relate to the office; and

(14) To perform such other duties as assigned by this charter, by-law, vote of the town meeting or vote of the select board.

Section 5-4. Powers of Appointment.

The town manager shall appoint, on the basis of merit and fitness alone, and may remove, except as otherwise provided by the General Laws, this charter, personnel by-laws or collective bargaining agreements that may be applicable, a town treasurer/collector, a police chief, a fire chief, a town accountant and all other department heads, officers, subordinates and employees, full- and part-time, excepting that:

(a) Employees of the school department and the library shall be appointed by their respective department heads;

(b) The police chief and fire chief shall appoint employees of their respective departments subject to the approval of the town manager;

(c) The town manager shall appoint personnel in all other departments after consultation with supervisors and department heads to whom such personnel report or are assigned; and

(d) All appointments made or approved by the town manager shall become effective no later than the fifteenth day following the day on which notice of the proposed appointment is filed with the select board, unless 3 members of the select board shall vote to reject such an appointment within such period or shall sooner approve it.

Section 5-5. Personnel Administration.

(a) The town manager shall administer and enforce collective bargaining agreements, personnel policies and practices, rules and regulations and personnel by-laws adopted by the town.

(b) The town manager shall, in consultation with the select board, prepare, maintain and keep current a plan establishing the personnel staffing requirements for each town agency, except those under the jurisdiction of the school committee.

(c) The creation of any new full-time compensated position shall require approval by the select board and such action shall not be effective until the position has been funded by town meeting vote.

Section 5-6. Administrative Reorganization.

The town manager may recommend to the select board and implement, with the select board's approval, reorganization of any department or position placed by this charter under the town manager's direction or supervision, except as otherwise provided by General Laws or this charter.

Section 5-7. Disbursements.

Warrants or vouchers for payment of town funds prepared and signed by the town accountant in accordance with General Laws shall be submitted to the town manager after review and approval by the director of municipal finance, if any, and approval of the town manager shall be sufficient authorization for payment by the town treasurer/collector. At least 3 members of the select board shall approve all warrants or vouchers in the town manager's absence or in the event that office is vacant.

Section 5-8. Evaluation.

(a) The select board shall annually evaluate the performance of the town manager. The select board shall adopt a written set of procedures and criteria that shall form the basis for the evaluation.

(b) The select board shall provide a copy of the evaluation to the town manager and a copy shall be kept on file in the office of the select board for examination by the public.

Section 5-9. Removal.

(a) The select board, by the affirmative vote of at least 4 members, may initiate the removal of the town manager by adopting a resolution to that effect. Said resolution shall state the reason therefor; provided, that no such resolution shall be adopted within 60 days following any town election. Any such resolution shall be adopted only at a regularly scheduled public meeting and in open session.

(b) The adoption of said resolution shall serve to suspend the town manager for not more than 45 days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered in hand forthwith to the town manager or sent by registered mail, return receipt requested, to the manager's last known address.

(c) Within 5 days following receipt of such resolution, the town manager may file a written request for a public hearing with the select board. Upon receipt of such request, the select board shall schedule a public hearing within 2 weeks. At least 7 days prior to the public hearing, the board shall advertise the hearing in a local newspaper and shall cause identical notices stating the purpose, location, time and date to be posted in the town hall and in every post office in town.

(d) The town moderator shall preside at any such hearing.

(e) At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, personally or through counsel. The select board and the town manager shall have the power to compel testimony and to subpoena any town records.

(f) Final removal of any town manager shall be effected by the affirmative vote of at least 4 members of the select board at a public meeting, the time and place of which are announced, held within 7 days of such hearing, if any. If no hearing has been requested, final removal may be effected by an affirmative vote of at least 4 members at a meeting of the select board held not earlier than 14 days after the resolution initiating removal is adopted. The salary of the town manager shall be paid for a period of 60 days after the vote effecting removal from office or otherwise in accordance with the termination clause in the town manager's contract.

(g) The town manager shall provide the select board with at least 90 days' notice of the town manager's intent to resign. The select board may shorten or waive this requirement.

Section 5-10. Filling Vacancy.

When a vacancy arises in the office of the town manager, the select board shall advertise the vacancy at once. The board shall fill the vacancy as quickly as possible, but in any case, within 6 months. The select board in its search for a town manager shall advertise in the International City/County Management Association newsletter or similar professional publication and in at least 2 newspapers having state-wide or multistate regional circulation.

Section 5-11. Acting Town Manager.

(a) In the event of the temporary absence or disability of the town manager that is expected to last longer than 2 weeks, the town manager may appoint, subject to the approval of the select board, a suitable person to serve as acting town manager and perform the duties of the town manager during such absence or disability. If the town manager fails to make such appointment or the person so appointed fails to serve, the select board may appoint a suitable person to perform such duties.

(b) An acting town manager serving because of the temporary absence or disability of the town manager pursuant to subsection (a) shall:

(1)Exercise only those powers of the town manager as are essential to conduct the business of the town in an orderly and efficient manner and to take action on matters that cannot be delayed until the expected date of return of the town manager; and

(2)Have no authority to make any permanent appointment to or removal from town service unless the absence or disability of the town manager has extended beyond 60 days.

Section 5-12. Temporary Town Manager.

During a vacancy caused by suspension, removal, resignation or death of the town manager, the select board shall designate, within 10 days of the vacancy, a town employee or other person to exercise the powers and perform the duties of the town manager. This designation shall be for a period not to exceed 90 days, and it may be renewed as necessary, not more than twice for additional periods not to exceed 90 days each.

Section 5-13. Department of Municipal Finance.

(a) There shall be a department of municipal finance under the direct control and supervision of a director of municipal finance, who shall be appointed by and responsible to the town manager. The director of municipal finance shall be a person especially suited by education, training and previous experience to perform the duties of the office. The director of municipal finance shall be required to be a certified public accountant or hold a degree in public finance or a related field. The director shall be responsible for the supervision and coordination of all municipal finance operations of the town that are placed within the department of municipal finance by this charter.

(b) The department of municipal finance shall include accounting, treasury/collection and property assessing. The responsibilities of the director of municipal finance shall include, but not be limited to:

(1)Preparation of rules, regulations and instructions relating to financial activities that, when approved by the town manager and the select board, shall be binding upon all town agencies and employees;

(2)Examination and approval of all warrants for payment as not fraudulent, unlawful or excessive prior to submission to the town manager, or in the event of a vacancy in that office, or the absence or disability of the town manager to act, to the select board;

(3)Carrying out a continuous audit to assure that the town accountant, town treasurer and assessor are following town financial policies, state law and best practices and that their records match; and

(4)Making an annual report, to be included in the town’s annual report, giving a statement of all receipts and expenditures of the town for the past fiscal year.

Article VI

Appointed Multimember Bodies

Section 6-1. Powers and Duties.

Multimember bodies shall possess and exercise all powers given to them under the constitution and General Laws and shall have and exercise such additional powers and duties as may be granted and delegated by this charter, by-law, vote of the town meeting or the charge adopted for the body by the select board consistent therewith.

Section 6-2. Organizations and Procedures.

(a) All multimember bodies shall:

(1)Organize annually at the first meeting of the fiscal year;

(2)Elect a chairperson, clerk and any other necessary officers;

(3)Adopt rules of procedure and voting;

(4)Establish that a quorum, a simple majority of the membership of a multimember body as constituted unless otherwise provided in a general or special law or applicable state regulation, must be present at all meetings;

(5)Create accurate minutes that fulfill all the requirements set out in the attorney general’s guide to the open meeting law, which shall be subject to mandatory disclosure as provided by chapter 66 of the General Laws. Approved minutes of open session meetings, and of executive session meetings where the multimember body has voted to release the same, shall be filed with the town clerk within 5 days of such action;

(6)Submit a report for inclusion in the annual report; and

(7)Conduct all meetings in accordance with sections 18 to 25, inclusive, of chapter 30A of the General Laws;

(b) Each appointed body shall consist of an odd number of members, who shall be appointed for 3-year overlapping terms unless otherwise specified in the charge to that body;

(c) No member shall be appointed to the same multimember body for more than 3 consecutive full terms, except as provided below. After reaching the maximum term of service, an individual may be reappointed after 1 year elapses.

Notwithstanding any other provision of this section, however, the appointing authority may reappoint an individual for more than 3 consecutive terms when no other individual is available or when membership on an appointed committee, board or commission requires by statute special training, certification or technical skills. An individual shall be considered available for purposes of this section when they have applied for membership on the committee and, after being interviewed, are considered to be qualified.

(d) No person may be appointed to more than 3 permanent multimember bodies; provided, however, that this section shall not prohibit the appointment of a person to any number of ad-hoc or otherwise temporary multimember bodies.

(e) Any person duly appointed or elected to any office or multimember body shall take up the duties thereof immediately upon the date specified by statute and as soon as such person shall have been sworn to the faithful performance of those duties by the town clerk.

(f) The absence of any member of an appointed multimember body from 3 consecutive meetings without advance notice to the chair with an appropriate explanation may serve as cause to deem that the office has been vacated by such person. The decision to recommend that the office be deemed to have been vacated shall be made by majority vote of the multimember body. After such a majority vote, the chairperson of the body shall advise the appointing authority forthwith. Upon receipt of such a recommendation, the appointing authority shall vote on whether to declare a vacancy. For any vacancy created in this manner, the appointing authority shall fill the vacancy in accordance with the General Laws and this charter.

(g) While a compensated town employee may be appointed to serve on a multimember body other than the finance committee, no compensated town employee may be appointed to a multimember body with administrative authority over such employee.

(h) When any new multimember body is established by town meeting, by by-law or vote of the select board, notice thereof and of the opportunity for interested persons to apply to become members of such body shall be posted on the town website and in a local newspaper for no less than 14 days prior to appointments being made.

Section 6-3. Compensation.

Members of appointed multimember boards may receive such compensation as may be authorized by the town meeting. During the term for which a member is appointed and for 1 year following expiration of such term, no member of any appointed board shall be eligible to accept any additional paid position under any other multimember board.

Section 6-4. Certain Appointed Multimember Bodies.

(a) A search committee consisting of 7 members shall be appointed for 3-year overlapping terms. 3 members shall be appointed by the select board; 2 members shall be appointed by the moderator; and 2 members shall be appointed by the finance committee. The committee shall advise the select board and the moderator concerning the names and qualifications of residents of the town available to serve on multimember bodies. The search committee may establish procedures for soliciting candidates for consideration and may consult with town committee members or chairs to assist in determining preferred skills for the individuals to be considered. The search committee shall periodically review all town committee charges. If any appointed member resigns or otherwise is no longer able to serve, the body that appointed that member shall appoint a replacement.

(b) A board of assessors consisting of 3 members shall be appointed by the select board for 3-year overlapping terms. The select board may also appoint 1 alternate member for a 3-year term. The role of the alternate will be to exercise the duties and responsibilities of a regular board of assessors member, in the absence of 1 or more regular members or in the event of a conflict of interest of 1 or more members such that a quorum is not present. The alternate and regular members shall possess appropriate qualifications or obtain the necessary training, at town expense, after appointment. If any appointed member resigns or otherwise is no longer able to serve, the select board shall appoint a replacement.

(c) A finance committee consisting of 9 members shall be appointed for 3-year overlapping terms, of whom 3 members shall be appointed by the select board, 3 members shall be appointed by the moderator and 3 members shall be appointed by the finance committee. No compensated town employee shall be a member of the finance committee. If any appointed member resigns or otherwise is no longer able to serve, the body that appointed that member shall appoint a replacement.

(d) A board of health consisting of 5 members shall be appointed by the select board for 3-year overlapping terms. The board of health shall cooperate with the conservation commission and the planning board and shall participate in joint meetings with them at least once annually. If any appointed member resigns or otherwise is no longer able to serve, the select board shall appoint a replacement.

(e) A board of highway surveyors and public works consisting of 3 members shall be appointed by the select board for 3-year overlapping terms. If any appointed member resigns or otherwise is no longer able to serve, the select board shall appoint a replacement.

(f) The capital projects committee shall oversee the management of any municipal project of $1,000,000 or more financed through the issuance of bonds, including the expenditure of funds. The capital projects committee shall consist of 5 voting members, who shall be permanent committee members, and the committee may be supplemented as described below for specific projects:

(1)The 5 permanent committee members shall be:

(i) The town manager or, at the town manager’s discretion, the director of municipal finance, serving ex officio;

(ii) 2 members appointed by the select board for 3-year overlapping terms; and

(iii) 2 members appointed by the finance committee for 3-year overlapping terms.

(2)Up to 2 additional voting members may be appointed for each specific project by the committee to serve for as long as the committee is overseeing that project and who may only participate as committee members with regard to the project for which they are appointed; provided, however, that where the project was sponsored or requested by a multimember body or the project would impact on the facility of a multimember body, there shall be at least 1 appointee who is a member of the multimember body.

(3)In addition, in its consideration of a specific project, the committee shall rely on such other resources as may be desirable or include such other nonvoting members as may be required for that project by statute or town meeting vote.

(4)If any appointed member resigns or otherwise is no longer able to serve, the body that appointed that member shall appoint a replacement.

Section 6-5. Powers of the Select Board.

The select board shall have the power:

(i) To enlarge or decrease the number of members of any multimember bodies not established under this charter or by by-law, subject to any state law requirements; provided, that such bodies shall always consist of an uneven number of members and no fewer than 3 members;

(ii) To dissolve any appointed boards, committees or commissions not established under this charter or by by-law, subject to any state law requirements; and

(iii) To appoint members of multimember bodies established by General Laws, by-law, town meeting vote or vote of the select board and for which no other method of appointment is provided in this charter.

Section 6-6. List of All Multimember Bodies.

The town clerk shall maintain a list of all existing multimember bodies that includes their composition and appointing authorities

Article VII

Financial Provisions and Procedures

Section 7-1. Submission of Budget and Budget Message.

(a) Annually, prior to the first day of October, the town manager shall establish and issue a budget schedule which shall set forth the calendar dates relating to the development of the annual operating budget for the ensuing fiscal year.

(b) The schedule shall be in accordance with this charter unless deviation therefrom is recommended by the town manager and approved by the select board and the finance committee.

(c) Annually, prior to the first day of October, the town manager shall request and receive from the director of municipal finance the estimated revenues for the ensuing fiscal year. Upon receipt of any additional specific fiscal data provided by the commonwealth or any other source, the director of municipal finance shall revise, update and submit the data forthwith to the town manager.

(d) Annually, prior to the first day of November, the select board, after consulting with the town manager, shall issue a policy statement that shall establish the general guidelines for the next town budget.

(e) All department heads and all multimember bodies shall submit their budget requests to the town manager at least 150 days before the date of the annual town meeting.

(f) At least 120 days prior to the scheduled date of the annual town meeting, the town manager shall submit to the select board and finance committee, simultaneously, a comprehensive draft budget for all town functions for the ensuing fiscal year and an accompanying draft budget message.

(g) The draft budget message shall explain the draft budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. The message shall:

(1)Outline the proposed financial policies of the town for the ensuing fiscal year;

(2)Describe the important features of the budget;

(3)Indicate any major changes from the current fiscal year in financial policies, expenditures and revenues, together with the reasons for such changes;

(4)Summarize the town's debt position; and

(5)Include such other material as the town manager may deem appropriate.

(h) The draft budget shall provide a complete financial plan for all town funds and activities and shall be in such form as the town manager may establish in consultation with the finance committee. The draft budget shall state the proposed expenditures for operating expenses and for capital acquisitions during the ensuing fiscal year, detailed by each town agency and by specific purposes and projects.

Section 7-2. Action on Proposed Budget.

(a) Within 30 days following the submission of the draft budget to the select board and the finance committee by the town manager, the select board shall adopt its proposed budget, with or without amendments, and submit the same with its recommendations to the finance committee.

(b) On receipt of the budgets for the Eastham elementary school committee, Nauset Regional School District committee and Cape Cod Regional Technical High School District Committee, each budget shall be submitted simultaneously to the select board and the finance committee. The select board shall, within 30 days of each submission, submit its recommendations of the school committee budgets to the finance committee.

(c) Meeting jointly, the select board and the finance committee shall conduct at least 1 public hearing on the proposed town budget and the school budgets. The select board or the finance committee may hold additional nonjoint public hearings on the budgets, if deemed necessary. The select board and the finance committee may jointly or separately require the town manager, any town department, office, board, commission or committee to appear or furnish appropriate financial reports and budgetary information.

(d) The finance committee shall vote on all articles and its recommendations shall be printed in the warrant as well as its finance committee report.

(e) The select board shall present the proposed budget to the annual town meeting.

Section 7-3. Budget Adoption.

The town meeting shall adopt the annual operating budget with or without amendments prior to the beginning of the fiscal year.

Section 7-4 Capital Improvements Plan.

(a) The town manager shall prepare a 5-year capital improvements plan that shall be designed to deal with unmet long-range needs and to implement the goals and objectives of the official town plan.

(b) The capital improvements plan shall include all town activities and departments. Proposed capital expenditures for the regional school and other regional entities shall be included in the plan; provided, that such inclusion shall be consistent with regional or intermunicipal agreements establishing such entities.

(1) A clear summary of its contents;

(2)A list of all capital improvements proposed to be undertaken during the next 5 years, together with supporting data;

(3)Cost estimates, methods of financing and recommended time schedules; and

(4)The estimated annual cost of operating and maintaining the facilities or equipment to be constructed or acquired.

(d) The information required by subsection (c) may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition.

(e) After consultation with the finance committee, the town manager shall submit the 5-year capital improvements plan to the select board at least 120 days prior to the date of the annual town meeting. The select board shall act thereon within 30 days and shall then submit it to the finance committee.

Section 7-5. Notice of Public Hearing on Five-Year Capital Improvements Plan.

The select board shall publish in 1 or more local newspapers the general summary of the 5-year capital improvements plan and a notice stating: (i) the times and places where copies of the capital improvements plan are available for inspection; and (ii) the date, time and place when the select board and the finance committee shall conduct a joint public hearing on the plan.

Section 7-6. Action of Town Meeting.

(a) The town meeting shall act on the 5-year capital improvements plan.

(b) No article for capital acquisition for the next fiscal year shall be inserted in the warrant for any town meeting unless it is in compliance with subsection (c) of section 7-4 and the capital acquisitions in said article were included in the last 5-year plan covering that fiscal year.

Section 6-7 Annual Audit.

Prior to the end of each fiscal year, the select board shall retain a certified public accountant or accounting firm to conduct an audit of all accounts, books, records and financial transactions of every department, office, board, commission and committee of the town government, including the school department.

Article VIII

Elections and Recall

Section 8-1 Town Elections.

The regular election for all town offices shall be by official ballot held on a date established by by-law.

Section 8-2 Town Elections to be Nonpartisan.

All town elections shall be nonpartisan and election ballots shall be printed without any party mark or designation.

Section 8-3 Eligibility of Town Voters.

Any voter shall be eligible for election to any elective office or multimember body of the town; provided, however, that no person shall hold concurrently more than 1 paid elective office of the town.

Section 8-4 Time of Taking Office.

Any person duly elected to any office or multimember body shall forthwith be sworn and assume the duties of the office.

Section 8-5. Recall of Elective Officers.

(a) 100 voters may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall, which shall include but not be limited to neglect of duties, corruption or malfeasance. The town clerk shall thereupon make available to the voter first named on such affidavit a sufficient number of copies of petition forms demanding such recall. Blank forms shall be kept available. The town clerk shall issue the blank forms with the town clerk's signature and official seal attached thereto. The forms shall: (i) be dated and addressed to the select board; (ii) contain the name of the person to whom they are issued, the number of petition forms issued, the name of the person whose recall is sought and the grounds for recall as stated in the affidavit; and (iii) demand the election of a successor to the office held by the officer whose recall is requested.

(b) A copy of the petition shall be entered in the town records. The recall petition shall bear the signatures and residential addresses of voters sufficient to equal at time of filing at least 15 per cent of the registered voters of the town as of the date of the last election. The recall petition shall be returned to the town clerk within 20 working days after notice of the availability of the petitions. The petitions containing the signatures requesting a recall election need not all be submitted at the same time.

(c) The town clerk shall, within 1 working day of receipt, submit the petition to the registrar of voters who shall, within 7 working days, certify thereon the number of signatures that are those of voters.

(d) If the petition shall be found and certified by the registrar of voters to be sufficient, the same shall be submitted with the town clerk's certificate to the select board. The select board shall, within 3 working days, give written notice of the receipt of the certificate by registered mail to the officer sought to be recalled. If the officer does not resign within 5 days thereafter, the select board shall order a recall election to be held on a date fixed by them. The date of the election shall be not less than 64 days nor more than 90 days from the date the select board orders the recall election. However, if any other town election is to occur within 90 days after the date of the certificate, the select board shall postpone the holding of the recall election to the date of such other election.

Any officer sought to be removed may not be a candidate to succeed to the office in the recall election. The nomination of candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the General Laws relating to elections. The election to replace the officer sought to be removed shall be held on the same day as the recall election.

The incumbent shall continue to perform the duties of office until the recall election. If not recalled, the incumbent shall continue in office for the remainder of the unexpired term. An incumbent having successfully survived a recall election shall not again be subject to recall during the same term of office. If recalled, the incumbent shall be deemed removed upon the qualification of the successor who shall hold office during the unexpired term. If the successor fails to be qualified within 10 days after receiving notification of election, the incumbent shall thereupon be deemed removed and the office vacant.

The form of the question to be voted upon shall be substantially as follows: "Shall [here insert the name and title of the elective officer whose recall is sought] be recalled?" The action of the voters to recall shall require a plurality, but shall not be effective unless the total of those voting for and against recall shall exceed 30 per cent of the voters.

No person, having been removed from office by recall or having resigned from office while proceedings were pending, shall be appointed to any town office within 2 years following said removal or resignation.

Name:	District/Address:	Date Added:
Sarah K. Peake	4th Barnstable	2/10/2021
Julian Cyr	Cape and Islands	2/18/2021