Bill H.4199

HOUSE DOCKET, NO. 4491 FILED ON: 9/30/2021

HOUSE . . . . . . . . . . . . . . . No. 4199

By Mr. Orrall of Lakeville, a petition (accompanied by bill, House, No. 4199) of Norman J. Orrall (by vote of the town) for legislation to amend the charter of the town of Middleborough. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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

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An Act to amend the charter of the town of Middleborough.

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 second sentence of the first paragraph of section 3 of chapter 592 of the acts of 1920 is hereby amended by striking out the word “them” and inserting in place thereof the following words:- the selectmen.

SECTION 2. Said section 3 of said chapter 592 is hereby further amended by inserting after the first paragraph the following paragraph:-

The selectmen shall also act as sewer commissioners and as the rent board with all powers, rights, duties and liabilities conferred or imposed by law upon sewer commissioners and rent boards.

SECTION 3. The first sentence of section 3A of said chapter 592, as appearing in section 2 of chapter 3 of the acts of 1982, is hereby amended by inserting after the word “board” the following words:-, currently known as Middleborough gas and electric board of commissioners.

SECTION 4. The third sentence of said section 3A of said chapter 592, as so appearing, is hereby amended by inserting after the word “board” the following words:-, currently known as Middleborough gas and electric board of commissioners,.

SECTION 5. Section 4 of said chapter 592, as appearing in section 1 of chapter 443 of the acts of 1935, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The members of the committee shall serve during the terms for which the members are elected and until the members’ successors are qualified. The members of the committee shall be sworn to the faithful performance of the members’ duties, shall serve without salary and shall not hold any other town office or employment.

SECTION 6. Section 6 of said chapter 592, as appearing in section 2 of chapter 443 of the acts of 1935, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-

Whenever any payroll, bill or other claim against the town is presented to the town manager, town clerk, town treasurer and collector of taxes or trustees of the public library, the manager, clerk, treasurer and collector or trustees shall, if the same seems to be of doubtful validity, excessive in amount, or otherwise contrary to the interests of the town, refer it to the committee who shall immediately investigate the facts and report the committee’s findings and recommendations to the selectmen who shall determine what, if any, payment should be made.

SECTION 7. Section 7 of said chapter 592 is hereby amended by striking out the word “they” and inserting in place thereof the following words:- the selectmen.

SECTION 8. Section 10 of said chapter 592 is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The town clerk shall hold office during the pleasure of the selectmen and shall be sworn to the faithful performance of the town clerk’s duties by the chairman of the selectmen or by a justice of the peace.

SECTION 9. Section 11 of said chapter 592, as appearing in section 4 of chapter 443 of the acts of 1935, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- Before entering upon the duties of the office of town assessor, the assessor shall be sworn to the faithful performance thereof as provided by general law.

SECTION 10. Said chapter 592 is hereby further amended by striking out sections 13 to 16, inclusive, and inserting in place thereof the following 4 sections:-

Section 13. The selectmen shall have and exercise all the powers and rights and be subject to all the duties and liabilities now or hereafter conferred or imposed by law upon boards of public welfare in towns, and the town manager, under the supervision of the selectmen, shall administer the welfare relief of the town either directly or through a person or persons appointed by the town manager.

Section 14. (a) The board of selectmen shall appoint a chief of police and such other police officers as the board of selectmen may deem necessary and shall fix the compensation of the chief of police and police officers.

(b) Full time police officers whose appointments are subject to chapter 31 of the General Laws may be removed in accordance with said chapter 31, except that the tenure of office of the chief shall, after the chief has served five continuous years, continue during good behavior, as long as the chief is able to perform the duties of the office; and the chief shall not be removed except after a hearing by the selectmen on written charges, a copy of which shall be furnished to the chief prior to the hearing.

(c) The chief of police shall be in immediate control of all town property used by the department, and of the police officers who shall obey the chief’s orders.

(d) The chief of police shall have all the powers and duties required of the position pursuant to section 97 of chapter 41 of the General Laws. The other police officers shall have all of the powers and duties required of the position of police officer by law. Police officers shall have all the powers and duties of constable except those of service and executing civil process.

(e) The selectmen may make suitable regulations governing the organization of the police department and the officers thereof.

Section 15. The selectmen shall appoint two or more constables annually in February, each for the term of one year from the following first day of March, and may at any time appoint such additional constables as in the opinion of the selectmen may be necessary, who shall hold office during the pleasure of the selectmen but not beyond the first day of March following the date of the constables’ appointment.

Section 16. The chief of the fire department shall be appointed by the selectmen, and shall receive such salary as the selectmen may from time to time determine, not exceeding the amount annually appropriated therefor. The chief may be removed for cause by the selectmen at any time after a hearing. The chief shall have charge of extinguishing fires in the town and the protection of life and property in case of fire. The chief shall purchase subject to the approval of the selectmen and keep in repair all property and apparatus used for and by the fire department. The chief shall have and exercise all the powers and rights and be subject to all the duties and liabilities conferred or imposed by law upon engineers in towns, except as herein provided, and shall appoint a deputy chief and such officers and firemen as the chief may think necessary, and may remove the same at any time for cause and after a hearing. The chief shall have full and absolute authority in the administration of the department, shall make all rules and regulations for its operation, shall report to the selectmen from time to time as the selectmen may require, and shall annually report to the town the condition of the department with the chief’s recommendations thereon. The chief shall fix the compensation of the permanent and call members of the fire department, subject to the approval of the selectmen. In the expenditure of money the chief shall be subject to such further limitations as the town may from time to time prescribe.

SECTION 11. The first sentence of the second paragraph of subsection (b) of section 17 of said chapter 592, as appearing in section 2 of chapter 425 of the acts of 2010, is hereby amended by striking out the word “him” and inserting in place thereof the following words:- town counsel.

SECTION 12. Subsection (c) of said section 17 of said chapter 592 is hereby amended by striking out the word “in” and inserting in place thereof the following word:- on.

SECTION 13. Said chapter 592 is hereby further amended by striking out section 18, as amended by section 8 of chapter 443 of the acts of 1935, and inserting in place thereof the following section:-

Section 18. The selectmen elected as provided in section two shall appoint, as soon as practicable, a town manager who shall be the administrative head of all departments of the town government, the conduct of which is by the general laws and by this act placed upon the selectmen of the town, except as provided otherwise in this act. The town manager shall be subject to the direction and supervision, and shall hold office at the will of the selectmen, and shall be a person specially fitted by education, training or experience to perform the duties of the office. The town manager shall be appointed without regard to political beliefs, and may or may not when appointed be a resident of the town or state. The town manager shall be responsible for the efficient administration of all departments within the scope of the town manager’s duties. Before entering upon the duties of the office of town manager, the town manager shall be sworn to the faithful and impartial performance thereof by the chairman of the selectmen, or by the town clerk, or by 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 or sureties as may be fixed or approved by the selectmen.

SECTION 14. Section 19 of said chapter 592 is hereby amended by striking out subsections (c) to (f), inclusive, and inserting in place thereof the following 4 subsections:-

(d) To attend all regular meetings of the selectmen, and to recommend to the selectmen for adoption such measures requiring action by the selectmen or by the town as the town manager may deem necessary or expedient.

(e) To keep full and complete records of the office of town manager, and to render as often as may be required by the selectmen a full report of all operations during the period reported on; and annually, or oftener if required by the selectmen, to make a synopsis of all the reports for publication.

(f) To keep the selectmen fully advised as to the needs of the town within the scope of the town manager’s duties, and to furnish the selectmen in writing on or before the thirty-first day of December of each year with a detailed list of the appropriations required during the next ensuing fiscal year for the proper conduct of all departments of the town under the town manager’s control.

SECTION 15. Said section 19 of said chapter 592 is hereby further amended by striking out subsections (i) and (j) and inserting in place thereof the following 2 subsections:-

(i) To administer the health regulations of the town as required by the by-laws, or by the selectmen, in addition to those provided by statute, either directly, or through a person appointed by the town manager, to be designated as the health officer, and under the supervision of the selectmen exercising the powers of a board of health.

(j) To perform such other duties, consistent with the office of town manager, as may be required of the town manager by the by-laws of the town or by vote of the selectmen.

SECTION 16. The first sentence of subsection (m) of said section 19 of said chapter 592 is hereby amended by inserting after the word “board” the following words:- , currently known as Middleborough gas and electric board of commissioners.

SECTION 17. Section 20 of said chapter 592 is hereby amended by striking out the word “his”, each time it appears, and inserting in place the following words:- the town manager’s.

SECTION 18. The first sentence of section 21 of said chapter 592 is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the town manager’s.

SECTION 19. The third sentence of said section 21 of said chapter 592 is hereby amended by striking out the word “him” and inserting in place thereof the following words:- the town manager.

SECTION 20. The second sentence of section 24 of said chapter 592 is hereby amended by striking out the word “he” and inserting in place thereof the following words:- the town clerk.

SECTION 21. The third sentence of said section 24 of said chapter 592 is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the town clerk’s.

SECTION 22. The first sentence of section 25 of said chapter 592 is hereby amended by striking out the word “he” and inserting in place thereof the following words:- the town clerk.

SECTION 23. Section 26 of said chapter 592 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- . Any officer sought to be removed may be a candidate to succeed himself, and, unless the officer requests otherwise in writing, the town clerk shall place the officer’s name on the official ballot without nomination.

SECTION 24. Said chapter 592 is hereby further amended by striking out section 27 and inserting in place thereof the following section:-

Section 27. The incumbent shall continue to perform the duties of the incumbent’s office until the recall election. If then re-elected, the incumbent shall continue in office for the remainder of the unexpired term, subject to recall as before, except as provided in section twenty-nine of this act. If not re-elected in the recall election, the incumbent shall be deemed removed upon the qualification of the incumbent’s successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of the successor’s election, the incumbent shall thereupon be deemed removed and the office vacant.

SECTION 25. Section 29 of said chapter 592 is hereby amended by striking out the word “he” and inserting in place thereof the following words:- the officer.

SECTION 26. Section 30 of said chapter 592 is hereby amended by striking out the word “him” and inserting in place thereof the following words:- the person.

SECTION 27. Section 31 of said chapter 592 is hereby amended by striking out the word “them” and inserting in place thereof the following words:- the selectmen.

SECTION 28. The first sentence of section 32 of said chapter 592 is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the member, officer or employee’s.

SECTION 29. This act shall take effect upon its passage.

Name:	District/Address:	Date Added:
Norman J. Orrall	12th Bristol	9/30/2021
Susan Williams Gifford	2nd Plymouth	10/12/2021