Bill H.3970

HOUSE DOCKET, NO. 4441 FILED ON: 7/5/2023

HOUSE . . . . . . . . . . . . . . . No. 3970

By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 3970) of Bradley H. Jones, Jr., Bruce E. Tarr and Sally P. Kerans (by vote of the town) relative to amending the charter of the town of Middleton. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act further amending the charter of the town of Middleton.

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. Subsection 1-3-1 of section 3 of chapter 1 of the charter of the town of Middleton, 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 “meeting-selectmen” and inserting in place thereof the following words:- meeting-select board.

SECTION 2. Section 3 of chapter 2 of said charter is hereby amended by striking out subsections 2-3-4 and 2-3-5 and inserting in place thereof the following subsection:-

2-3-4 The Town Meeting shall possess and exercise all powers possible under General Law.

SECTION 3. Subsection 2-4-3 of section 4 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. Subsection 2-4-4 of said section 4 of said chapter 2 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board members.

SECTION 5. Subsection 2-4-12 of said section 4 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. Subsection 2-4-13 of said section 4 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 7. Subsection 2-5-2 of section 5 of said chapter 2 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following word:- They.

SECTION 8. Subsection 3-1-2 of section 1 of chapter 3 of said charter is hereby amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following word:- their.

SECTION 9. Said subsection 3-1-2 of said section 1 of said chapter 3 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following word:- they.

SECTION 10. Subsection 3-4-1 of section 4 of said chapter 3 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 11. Said subsection 3-4-1 of said section 4 of said chapter 3 of said charter is hereby further amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following word:- their.

SECTION 12. Said subsection 3-4-1 of said section 4 of said chapter 3 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following word:- they.

SECTION 13. Subsection 3-4-2 of said section 4 of said chapter 3 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. Subsection 3-4-4 of said section 4 of said chapter 3 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following word:- them.

SECTION 15. Chapter 4 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:- SELECT BOARD.

SECTION 16. Section 1 of said chapter 4 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:- The Select Board.

SECTION 17. Subsection 4-1-1 of said section 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 18. Said subsection 4-1-1 of said section 1 of said chapter 4 of said charter is hereby further amended by striking out the word “Selectman” and inserting in place thereof the following words:- a Select Board member.

SECTION 19. Subsection 4-1-2 of said section 1 of said chapter 4 of said charter is hereby amended by striking out the word “Selectman” and inserting in place thereof the following words:- a Select Board member.

SECTION 20. Subsection 4-2-1 of section 2 of said chapter 4 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 21. Subsection 4-4-1 of section 4 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 22. Subsection 5-1-3 of section 1 of chapter 5 of said charter is hereby amended by striking out the words “he is” and inserting in place thereof the following word:- they are.

SECTION 23. Said subsection 5-1-3 of said section 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 word:- their.

SECTION 24. Subsection 5-2-1 of section 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 25. Subsection 5-4-2 of section 4 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 26. Chapter 6 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:- APPOINTMENTS BY THE SELECT BOARD.

SECTION 27. Subsection 6-1-1 of section 1 of said chapter 6 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 28. Subsection 6-3-1 of section 3 of said chapter 6 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. Paragraph b of subsection 6-5-3 of section 5 of said chapter 6 of said charter is hereby amended by striking out the word “he” and inserting in place thereof the following word:- they.

SECTION 30. Paragraph c of said subsection 6-5-3 of said section 5 of said chapter 6 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following word:- them.

SECTION 31. Subsection 6-5-4 of said section 5 of said chapter 6 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following word:- their.

SECTION 32. Said section 5 of said chapter 6 of said charter is hereby further amended by striking out subsection 6-5-5.

SECTION 33. Subsection 6-7-1 of section 7 of said chapter 6 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 34. Said subsection 6-7-1 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following word:- their.

SECTION 35. Subsection 6-7-2 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following word:- They.

SECTION 36. Said subsection 6-7-2 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board members.

SECTION 37. Subsection 6-7-3 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following word:- They.

SECTION 38. Said subsection 6-7-3 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.

SECTION 39. Subsection 6-7-4 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following word:- They.

SECTION 40. Said subsection 6-7-4 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.

SECTION 41. Subsection 6-7-5 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following word:- They.

SECTION 42. Said subsection 6-7-5 of said section 7 of said chapter 6 of said charter is hereby further 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 43. Subsection 6-7-6 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following word:- They.

SECTION 44. Said subsection 6-7-6 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.

SECTION 45. Subsection 6-7-7 of said section 7 of said chapter 6 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 word:- They.

SECTION 46. Said subsection 6-7-7 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.

SECTION 47. Subsection 6-7-9 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following word:- They.

SECTION 48. Subsection 6-7-10 of said section 7 of said chapter 6 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following word:- They.

SECTION 49. Said subsection 6-7-10 of said section 7 of said chapter 6 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.

SECTION 50. Subsection 6-8-1 of section 8 of said chapter 6 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following word:- their.

SECTION 51. Subsection 6-8-2 of said section 8 of said chapter 6 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 52. Subsection 6-8-3 of said section 8 of said chapter 6 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following word:- their.

SECTION 53 . Said section 8 of said chapter 6 of said charter is hereby further amended by striking out subsections 6-8-4 to 6-8-6, inclusive, and inserting in place thereof the following 2 subsections:-

6-8-45At any such hearing, the reasons for the removal shall first be read aloud. The Town Administrator shall then be allowed to respond, either personally or through counsel. The Select Board of Selectmen and the Town Administrator shall be allowed to call witnesses, and to subpoena any and all Town records.

6-8-56Final removal of the Town Administrator shall be effected by the affirmative vote of the Select Board of Selectmen, at a public meeting of the Board held within seven days of such public hearing, if the Town Administrator shall have requested one. Or, if they shall not have requested one, final removal may be effected by the affirmative vote of three members of the Board held not sooner than fourteen days after the vote initiating the removal. The salary of the Town Administrator shall continue to be paid for a period of thirty days after the vote effecting theirhis removal from office.

SECTION 54. Subsection 6-9-1 of section 9 of said chapter 6 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 55. Said subsection 6-9-1 of said section 9 of said chapter 6 of said charter is hereby further amended by striking out the word “selectmen” and inserting in place thereof the following words:- Select Board members.

SECTION 56. Subsection 7-2-1 of section 2 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 57. Subsection 7-3-3 of section 3 of said chapter 7 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following word:- them.

SECTION 58. Said subsection 7-3-3 of said section 3 of said chapter 7 of said charter is hereby further amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following word:- their.

SECTION 59. Subsection 7-4-3 of section 4 of said chapter 7 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 60 Subsection 7-4-4 of said section 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 members.

SECTION 61. Subsection 7-5-1 of section 5 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 62. Said section 5 of said chapter 7 of said charter is hereby further amended by striking out subsection 7-5-2.

SECTION 63. Subsection 7-6-1 of section 6 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 64. Subsection 7-8-2 of section 8 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 65. Subsection 7-9-1 of section 9 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 66. Subsection 7-11-1 of section 11 of said chapter 7 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following word:- their.

SECTION 67. Subsection 8-1-1 of section 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 68. Subsection 8-2-1 of section 2 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 69. Subsection 9-1-1 of section 1 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 70. Subsection 9-1-2 of said section 1 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 71. Subsection 10-4-1 of section 4 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 72. Subsection 10-5-1 of section 5 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 73. Section 6 of said chapter 10 of said charter is hereby amended by striking out subsection 10-6-2.

SECTION 74. Section 2 of chapter 11 of said charter is hereby repealed.

SECTION 75. This act shall take effect upon its passage.

Name:	District/Address:	Date Added:
Bradley H. Jones, Jr.	20th Middlesex	7/5/2023
Bruce E. Tarr	First Essex and Middlesex	7/5/2023
Sally P. Kerans	13th Essex	7/5/2023