HOUSE DOCKET, NO. 5300        FILED ON: 8/7/2024

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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 clarifying the Williamstown town charter.

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PETITION OF:

HOUSE DOCKET, NO. 5300        FILED ON: 8/7/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

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 clarifying 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. Section 6 of 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 striking out the words "They shall be sworn to the faithful performance of their duties by the chairperson of the select board or by a Justice of the Peace" and inserting in place thereof, the following words:- All appointed and elected officials shall be sworn to the faithful performance of their duties by the chairperson of the select board, town clerk, Justice of the Peace, notary or any other officer qualified to administer oaths.

SECTION 2. Section 7 of said charter is hereby further amended by striking out said section, and inserting in place thereof, the following section:- Section 7. Terms of elected offices. The term of office of all elected town officials shall end when their successors are elected and qualified, provided, however, that if annual town elections are held prior to annual town meeting, then, in addition, such terms shall end either at the conclusion of town meeting or within 20 days of the election, whichever is sooner.

SECTION 3. Section 9 of said charter is hereby further amended by striking out said section 9, and inserting in place thereof, the following section:- Section 9. Services provided to other government entities. The select board on behalf of the town may provide by written agreement for the performance by the town manager of such services for other government entities as may be appropriate to the duties of their office and for the reimbursement of any expense incurred.

SECTION 4. Section 10 of said charter is hereby further amended by striking out the words “A member of the select board or of the school committee or of the Finance Committee shall, during the term for which such member was elected or appointed, be ineligible by either election or appointment to hold any other town office” and inserting in place thereof, the following words:- A member of the select board or of the finance committee, shall, during the term for which they were elected or appointed, be ineligible by either election or appointment to hold any other town office established by vote of the town meeting except they may hold such office in their capacity as a member of the select board of the finance committee if the town meeting vote so provides. Such members may serve on advisory committees and as town representatives to intergovernmental bodies.

SECTION 5. Section 15(b) of said charter is hereby further amended by striking out said section 15(b), and inserting in place thereof, the following section:- Section 15(b) The town manager, in accordance with the provisions of this Act and except as otherwise expressly prohibited by the General Laws, (i) may reorganize, consolidate or abolish departments, commissions, boards or offices under their direction and supervision and not established by town meeting, in whole or in part; (ii) may establish such new departments, commissions, boards or offices as they deem necessary and, (iii) in so doing, may transfer the duties and powers, and so far as possible in accordance with the vote of the town, the appropriations of one department, commission, board or office to another. The town manager may not make any such changes to boards and committees established by town meeting except upon approval of town meeting.

SECTION 6. Section 15(k) of said charter is hereby further amended by striking out said section 15(k), and inserting in place thereof, the following section:- Section 15(k) The select board has the authority, except as otherwise provided by law, to prosecute, defend and compromise all litigation or claims to which the Town is a party and to employ special counsel to assist the town counsel whenever in the board’s judgment necessity therefore arises. The select board may delegate such authority, in whole or in part, to the town manager who shall keep the select board informed of the progress of all such litigation and claims.

SECTION 7. Section 17 of said charter is hereby further amended by striking out the words “On or before the 15th day of December in each year, or such date as the town may be bylaw prescribe, the town manager shall prepare and submit to the finance committee a budget for the ensuing year and all supplementary information in such form and detail as he may deem necessary or the town may require by bylaw” and replace with the following words:- On or before such date as the town may by bylaw prescribe, the town manager shall prepare and submit to the finance committee a budget for the ensuing year and all supplementary information in such form and detail as the finance committee may deem necessary or the town may require by bylaw”.

SECTION 8. Section 5 of said charter is hereby further amended by striking out the words “, and School Committee”.

SECTION 9. Section 15(c) of said charter is hereby further amended by striking out the words “a welfare agent”.

SECTION 10. Section 15(h) of said charter is hereby further amended by striking out the words “schools and”.

SECTION 11. Section 19 of said charter is hereby further amended by inserting after the word “withheld” the following:- If any claim or allegation is made against the town manager, the town manager shall recuse themselves from the investigation and promptly refer the matter to the select board.