HOUSE DOCKET, NO. 5301        FILED ON: 8/7/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5004

The Commonwealth of Massachusetts

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PRESENTED BY:

John Barrett, III

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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 enforcement of the Williamstown town charter.

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PETITION OF:

HOUSE DOCKET, NO. 5301        FILED ON: 8/7/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5004

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 relative to the enforcement of the Williamstown town charter.

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 charter of the town of Williamstown, 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 inserting the following section:-

Section 25. Compliance with the Charter

(a)The town manager, as the administrative officer of the Town, shall be responsible for monitoring whether town departments, boards, officers and employees are complying with the charter. Whenever the town manager determines that any town department, board, officer or employee may be failing to comply with the charter, it is the responsibility of the town manager to meet with them to discuss the matter.

(b)Whenever the town manager determines that any town department, board, officer or employee may be continuing to not be in compliance with the charter after that potential failure has been discussed with them, the town manager shall refer the matter to the select board. The select board may take action that it deems appropriate and authorized by law for those departments, boards, officers and employees for which they are appointing authority and, for all other town boards, shall file any documentation of the matter with the town clerk subject to the public records law.

(c) The select board shall be responsible to ensure that the town manager complies with the charter.

(d) Any resident of the town may (i) petition the town manager to ensure faithful compliance with the charter by any town department, board, officer or employee, except with respect to matters related to employment, for which they are the appointing authority, or (ii) petition the select board to ensure faithful compliance with the charter by the town manager or those departments, boards, officers and employees for which they are the appointing authority or (iii) petition any elected position or board, or position or board appointed by any other appointing authority, to ensure faithful compliance with the charter by them. The petition shall be filed with the town clerk and shall state the person or government body that may not be in compliance, the section of the charter involved and the time of the potential failure to comply. The town clerk shall deliver a copy of the petition to such person or government body, the town manager, and the select board within three business days of receipt. Such person or government body shall file with the town clerk a written response within thirty days of their receipt of the petition, with copies to the town manager, select board and the petitioners.

(e) Following receipt of a petition by a resident, the written response from the subject of the petition, and the passage of 30 days, the town manager, the select board and any other appointing authority shall take such action with respect to the petition as is deemed appropriate and authorized by law for those departments, board, officers and employees for which, respectively, they are the appointing authority. Petitions for potential failures to comply with the charter by elected positions or boards shall remain filed with the town clerk subject to the public records law.

(f) The foregoing sections shall not limit the right to seek enforcement of this charter as otherwise provided by law.

SECTION 2. This act shall take effect upon its passage.