HOUSE DOCKET, NO. 4584        FILED ON: 11/9/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4261

The Commonwealth of Massachusetts

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PRESENTED BY:

Sheila C. Harrington

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the charter and the town clerk in the town of Groton.

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PETITION OF:

HOUSE DOCKET, NO. 4584        FILED ON: 11/9/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4261

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 relative to the charter and the town clerk in the town of Groton.

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.  Notwithstanding any general or special law to the contrary, the office of town clerk in the town of Groton shall be appointed by the select board in accordance with the charter of the town of Groton. The town clerk shall have all the powers, perform the duties and be subject to the liabilities and penalties conferred and imposed by law on town clerks. The town manager may establish an employment contract with the town clerk for salary, fringe benefits and other conditions of employment, including, but not limited to, severance pay, reimbursement for expenses incurred in the performance of the duties of office, liability insurance and conditions of discipline, termination, dismissal, reappointment, performance standards and leave.

SECTION 2.  Notwithstanding section 1, the position of elected town clerk shall be abolished upon the effective date of this act and the team of the elected incumbent terminated provided, however, that the elected incumbent shall then become the first appointed town clerk and shall serve in that capacity for a period of time equivalent to the remainder of the elected term or sooner resignation, retirement or removal. Thereafter, appointments to the position of town clerk shall be made by the select board under said section 1.

SECTION 3.  The charter of the town of Groton, which is on file in the office of archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out section 3.1.1, section 3.9, section 3.10, section 3.11, and section 4.5.1, and inserting in place thereof the following sections:

3.1.1 Elective Town Offices- The town offices that the voters shall fill by ballot shall be: (i) the town moderator; (ii) the members of the select board; (iii) the town’s component of the Groton-Dunstable Regional School Committee; (iv) the commissioners of trust funds; (v) the elected members of Groton Housing Authority; (vi) the members of the planning board, public library board of trustees, Groton electric light commissions, Groton water commission, Groton sewer commission, park commission, board of health and board of assessors; and (vii) other officers or representatives to regional authorities or districts as may be established by law or by interlocal agreement that shall also be filled by ballot at a town election.

3.2.4 Appointing Authority – The select board shall appoint the town manager, town counsel, a zoning board of appeals and a board of registrars. The select board shall appoint a police chief, fire chief and town clerk consistent with clause (v) of section 4.2; provided, however, that the police chief shall serve under section 97A of chapter 41 of the General Laws and the fire chief shall serve under section 42 of chapter 48 of the General Laws. The select board shall appoint a conservation commission, council on aging, housing partnership, local cultural council and other committees as required by law, by-law or town meeting vote.

Section 3.9; Board of Assessors

3.9.1 Composition, Term of Office and Eligibility for Office – There shall be a board of assessors that shall consist of 3 members elected for 3-year terms. An employee in the assessors’ office shall not simultaneously hold an elected position as a member of the board of assessors.

3.9.2 Powers and Duties – The board of assessors shall have the powers and duties given to boards of assessors under the constitution and laws of the commonwealth and directives of the commissioner of revenue and such additional powers and duties may be authorized by this charter, by-law or town meeting vote that are not in conflict with laws of the commonwealth and regulations and directives of the department of revenue except as otherwise provided in this charter.

Section 3.10: Other Elected Officers

Powers and Duties – All other elected officers shall have the powers and duties that have been conferred upon their offices by law, this charter, by-law or town meeting.

4.2(v) if a vacancy occurs in the office of police chief, fire chief or town clerk, selecting and presenting not less than 2 qualified candidates to the select board for appointment by the board to the office pursuant to section 3.2.4;

4.5.1 If a vacancy shall occur in the office of town manager, a screening committee shall be established to solicit, receive and evaluate applications for the position of town manager. The screening committee shall consist of 7 persons, 3 of whom shall be designated by the select board, of which only 1 may be a select board member, 2 of whom shall be designated by the finance committee, of which only 1 may be a member of the finance committee, and 2 of whom shall be designated by the town moderator. A person chosen by an appointing authority may be a member of the appointing authority’s agency; provided, however, that there shall not be more than 1 select board member ad not more than 1 member of the finance committee on the screening committee.

SECTION 4.  This act shall take effect upon its passage.

SECTION 5.  This act shall be submitted for acceptance to the voters of the town of Groton at an annual or special town election in the form of the following question which shall be placed on the ballot: Shall an act passed by the general court in the year 20__, entitled “An Act Relative to the Charter and the Town Clerk in the Town of Groton be accepted?” If a majority of the votes cast in answer to the question is in the affirmative, the voters shall be taken to have accepted the amendments to the charter of the town of Groton.

provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Select Board approves amendments thereto before enactment by the General Court, which amendments shall be within the public purposes of said petition; or take any action relative thereto.