Bill S.2943

FILED ON: 9/10/2024

SENATE . . . . . . . . . . . . . . No. 2943

Senate, September 12, 2024 -- New draft (Sen. Fattman) to the Senate Bill relative to the town charter for the town of Southbridge (Senate, No. 2523).

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 amending the charter of the city known as the town of Southbridge.

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 city known as the town of Southbridge, 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 chapters 1 to 14, inclusive, and inserting in place thereof the following 14 chapters:-

CHAPTER 1

INCORPORATION; SHORT TITLE;

POWERS; DEFINITIONS

SECTION 1 - INCORPORATION

1-1-1: The inhabitants of the town of Southbridge, within the corporate limits as established by law, shall continue to be a body politic and corporate with perpetual succession under the name “Town of Southbridge”.

SECTION 2 - FORM OF GOVERNMENT AND TITLE

1-2-1: This charter provides for a town council-town manager form of town government and it shall be known by the title “Southbridge Home Rule Charter”. The town of Southbridge shall be governed by the General Laws applicable to towns where the laws of the commonwealth distinguish between towns and cities and all provisions of law applicable to the town of southbridge, except as otherwise specifically provided in this charter; provided, however, that section 32 of chapter 40 of the General Laws shall not apply to the town of Southbridge.

SECTION 3 - POWERS

1-3-1: Subject only to express limitations on the exercise of any power or function by a municipality in the Constitution or laws of the commonwealth, it is the intent and the purpose of the voters of the town of Southbridge to secure, through the adoption of this charter, all of the powers it is possible to secure for a municipal government under the Constitution and laws of the commonwealth.

SECTION 4 - CONSTRUCTION

1-4-1: The powers of the town of Southbridge under this charter shall be construed liberally in its favor and the specific mention of particular powers shall not limit the general powers of the town of Southbridge as stated in section 1-3-1.

SECTION 5 - DEFINITIONS

1-5-1: "By-Law", a general and permanent legislative enactment by the town council establishing the structure of the town government or prescribing the activities of its citizens.

"Charter", this document and any amendments to it that may hereafter be adopted.

"Measure", any enactment, vote, resolution or motion by the town council other than a by-law.

CHAPTER 2

THE TOWN COUNCIL

SECTION 1 - COMPOSITION

2-1-1: A town council consisting of 9 members shall be nominated and elected from the town at-large to serve 3-year staggered terms.

SECTION 2 - ELIGIBILITY

2-2-1: All qualified voters of the town shall be eligible to hold the office of town councilor except as otherwise limited by this charter.

2-2-2: No town councilor shall hold any other town office during their term of office. A person elected to the town council while serving as a municipal employee or officer shall, prior to assuming the office of town councilor, resign from said municipal employee or officer position. No town councilor or former town councilor shall be offered or accept any compensated town appointive office or employment until 1 year after their term shall have ended.

2-2-3: Terms of town councilors shall be limited to 3 consecutive terms. For purposes of this section, the word "term" shall mean 3 years or any portion thereof.

SECTION 3 - COMPENSATION

2-3-1: The town council may provide an annual salary for its members. No town councilor shall receive said salary nor shall any increase thereof become effective until after the commencement of the next fiscal year.

2-3-2: Town councilors may be reimbursed for actual expenses incurred in the performance of their official duties from an annual appropriation for such purposes.

SECTION 4 - GENERAL POWERS AND DUTIES

2-4-1: Except as otherwise provided in this charter, all general, corporate, legislative, policy-making and appropriation powers of the town shall be vested in the town council.

2-4-2: The town council may enact by-laws and other measures and rules and regulations not inconsistent with this charter governing its own proceedings and other matters pertaining to the exercise of its powers and the performance of its duties.

2-4-3: The town council shall provide for keeping accurate minutes of its proceedings which shall be a public record. Annually, at the reorganizational meeting, the town council shall appoint a recording secretary and a clerk of the town council. For the purpose of this section only, the recording secretary shall be under the jurisdiction of the town council.

2-4-4: The town council may establish committees, subcommittees and advisory committees as it deems reasonable and necessary and such committees may include non-town council members. Town councilor appointments to such committees shall be made by the chair of the town council and non-town council member appointments to such committees shall be made by the town council subcommittee members subject to confirmation by the town council, as provided for in section 2-4-2.

2-4-5: Town councilors shall not impede the daily municipal operations, nor give orders or directions to town officers and employees, either publicly or privately. This prohibition shall not preclude the town council or its members from asking questions, seeking information or conducting conversations with said employees.

2-4-6: The town council or its members may freely and fully discuss with the town manager anything pertaining to the appointment or removal of any town officer or employee, but neither the town council nor its members shall in any way dictate the appointment or removal of any town officer or employee under the jurisdiction of the town manager unless otherwise specified by this charter.

SECTION 5 - MEETINGS AND QUORUM

2-5-1: The town council shall meet regularly, not less than twice every month. Special meetings may be held if called by the chair or by any 3 members of the town council; provided, however, that written notice of such meeting shall have been delivered to each other member not less than 48 hours in advance thereof and shall have been posted in accordance with state law.

2-5-2: All meetings of the town council shall be public except, as provided by the General Laws’ provisions respecting closed sessions. The agenda for such meetings shall be as determined by the chair and shall follow the order of business set forth in Roberts Rules of Order. Inhabitants and employees of the town shall have a reasonable opportunity to be heard at any such meeting as set forth in town council rules and regulations, except matters that could be subject to executive session.

2-5-3: Five members of the town council shall constitute a quorum for the conduct of business. A lesser number than the quorum may organize any meeting lacking a quorum in order to adjourn it to a stated date, time and place.

2-5-4: In no instance shall it be required that all members of the town council be present at a meeting to allow the conduct of business.

SECTION 6 - BY-LAWS

2-6-1: All proposed by-laws and repeals or amendments to current town by-laws shall deal with one subject only and shall be submitted in writing to the office of the town clerk not less than 14 days prior to the date of the first reading by town council. Any by-law which repeals or amends part of the town by-laws shall set out in full in the agenda item for the meeting the section or sections of the town by-laws to be repealed or amended by the use of strikeout type, brackets or underscoring. All proposed or amended sections of the town by-laws shall be set out in red or in some other way that easily identifies the proposed amendments or revisions.

2-6-2: Any by-law which repeals or amends part of the town by-laws shall set out in full the section or sections of the town by-laws to be repealed or amended by the use of strikeout type, brackets or underscoring. Proposed by-laws shall deal with one subject only and shall be introduced in writing in the form required for formal adoption. The town council shall ensure the full text of every proposed by-law is posted on the town website and in any other public media as deemed appropriate by the town council.

2-6-3: Every town by-law adopted, amended or repealed shall be read at 3 separate meetings before its passage, as follows:

(a) At the first meeting, every proposed town by-law change shall be read aloud in its entirety by the chair of the town council or a designee. Proposed town by-law amendments shall be read aloud in its entirety by section or sections.

(b) At the second meeting, a summary of every proposed town by-law change shall be read aloud by the chair of the town council or a designee.

(c) At the third meeting, all amendments shall be considered and voted upon, followed by a summary reading of the proposed town by-law change as amended by the chair of the town council or a designee.

2-6-4: Final adoption of a town by-law, amendment or repeal shall occur at the next regularly scheduled town council meeting. Publication of the final town by-law or measure shall be posted on the town’s website within 24 hours of the newly adopted town by-law or measure. No new amendments shall be allowed at this meeting and published.

2-6-5: The affirmative vote of not less than 5 members of the town council shall be necessary for the passage of any town by-law, amendment or repeal unless a greater number is prescribed by the General Laws or by this charter and all votes thereon shall be taken by roll call and recorded in the meeting minutes.

SECTION 7 - ACTION REQUIRING A BY-LAW

2-7-1: In addition to other acts, required by town by-law or by this charter, to be done by a by-law, those acts of the town council shall be by a by-law which: (i) adopts or amends administrative by-laws or establishes, alters or abolishes any town department, office or agency; and (ii) provides for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed.

SECTION 8 - FILLING VACANCIES IN THE TOWN COUNCIL

2-8-1: A vacancy in the office of town councilor whether caused by death, resignation or removal shall be filled by a special election to be called within 30 days of said vacancy unless a regular town election shall occur within 180 days.

SECTION 9 - THE CHAIR AND VICE-CHAIR OF THE TOWN COUNCIL; ELECTION AND REMOVAL

2-9-1: On the first regularly scheduled meeting on or after July 1 following the town elections and after newly elected members shall have taken office, the town council shall organize itself and elect 1 of its members to serve as chair of the town council and as vice-chair of the town council, both for a term expiring at the first regularly scheduled town council meeting on or after July 1 following the town elections the next year. The chair pro tem of the organizational meeting would be the senior in point of service or if equal in service, senior in age.

2-9-2: The chair shall preside at meetings of the town council, shall be recognized as head of the town government for all ceremonial purposes and shall be the point of contact on behalf of the town council in case of an emergency.

2-9-3: The chair may be removed from office by a 2/3 vote of the entire town council, a minimum of 6 votes. Any member of the town council at any point may make a motion to remove the chair and if the motion is seconded, the motion shall be debated and voted upon at that time, without exception, by the town council.

2-9-4: The vice-chair shall automatically become chair in the event of the permanent disability, death, resignation or removal of the chair. A new vice-chair shall be elected by a majority vote of the town council at the first regularly scheduled meeting called by the new chair.

2-9-5: The vice-chair may be removed from office by a 2/3 vote of the entire town council, a minimum of 6 votes. Any member of the town council at any point may make a motion to remove the vice-chair and if the motion is seconded, the motion shall be debated and voted on by the town council at that time, without exception. A new vice-chair shall be elected by a majority vote of the town council at the next regularly scheduled meeting.

CHAPTER 3

OTHER ELECTED TOWN BOARDS AND OFFICERS

SECTION 1 - GENERAL PROVISIONS

3-1-1: Members of town boards to be elected by the qualified voters of the town shall be, in addition to the town council:

(a) 7 members of a school committee;

(b) 2 members of a regional vocational school committee;

(d) 4 members of a housing authority in accord with applicable law;

(e) 4 members of a redevelopment authority; and

(f) 2 part-time members to the board of assessors.

3-1-2: Boards and commissions, established under this charter, shall perform their functions and duties in accordance with the constitution of the commonwealth, the General Laws, this charter and town by-laws.

3-1-3: During the term for which they were elected and for 1 year following the expiration of this term, no member of any board or commission, established under this charter, shall be eligible to accept any appointed paid town position under jurisdiction of the board of which they were a member.

3-1-4: Members of boards and commissions, established under this charter, may be reimbursed for actual expenses incurred in the performance of their official duties from an annual appropriation made for such purposes.

3-1-5: Any elected or appointed member of a quasi-judicial board, including the zoning Board of appeals, the conservation commission, the board of health, the liquor licensing board and the special permit granting authority, shall be limited to 1 such board and ineligible to serve on any other such quasi-judicial board during that member’s term.

SECTION 2 - VACANCIES

3-2-1: Vacancies in the elected town boards, established under this charter, shall be filled by a majority vote of the town council in joint convention with a majority of the remaining members of the respective board within 60 days unless a regular town election shall occur within 120 days, but only until the next town election.

SECTION 3 - REGIONAL VOCATIONAL SCHOOL COMMITTEE

3-3-1: Terms for the 2 members of the Bay Path Regional Vocational School Committee shall be for 3 years and shall be staggered.

SECTION 4 - TOWN CLERK

3-4-1: The town clerk shall be elected to serve for a 3-year term. The town clerk shall receive such compensation not to exceed the amount appropriated by the town council.

SECTION 5 - HOUSING AUTHORITY

3-5-1: The housing authority shall be composed of 5 members who shall be elected or appointed as provided by the General Laws.

SECTION 6 - REDEVELOPMENT AUTHORITY

3-6-1: The redevelopment authority shall be composed of 5 members, 4 of whom shall be elected and 1 of who shall be appointed as provided by the General Laws.

SECTION 7 - BOARD OF ASSESSORS

3-7-1 : The board of assessors shall be composed of 2 part-time members, elected by the voters for 3-year staggered terms and a third member who shall be full time, appointed by the town manager for a 3-year term and shall be the clerk of the board of assessors.

SECTION 8 - POWERS, DUTIES AND COMPENSATION

3-8-1: Officers and members of boards, established under this chapter, unless otherwise provided herein, shall exercise such powers and duties as are and may be provided by the General Laws, this charter or town by-laws.

3-8-2: Officers and members of boards, established under this chapter, may receive such compensation as may be authorized and established by the town council within limits of an appropriation made for that purpose.

CHAPTER 4

TOWN MANAGER

SECTION 1 - APPOINTMENT AND QUALIFICATIONS

4-1-1: The town council, by a majority vote of its full membership, a minimum of 5 votes, shall appoint or reappoint, as the case may be, a town manager who shall administer and implement the directives and policies adopted by the town council pursuant to section 108N of chapter 44 of the General Laws.

4-1-2: In seeking candidates, the chair of the town council shall appoint a search committee of 7 members, 2 of whom shall be members of the town council and 5 of whom shall be residents of the town who are not holding elective office and are not compensated employees of the town. The appointment of the non-town council members of such committee shall be subject to confirmation by the towncouncil.

The search committee may, in its discretion, subject to appropriation of sufficient funds by the town council, engage a professional search firm.

4-1-3: The town manager shall be appointed solely on the basis of educational, executive and administrative qualifications and experience which shall include at least a bachelor’s degree from an accredited 4-year degree granting institution and shall include professional experience of not less than 3 years full-time, compensated, supervisory service in municipal administration and shall serve at the pleasure of the town council. To be considered for appointment such experience shall be certified to the town council by an appropriate official of the entity where such experience was obtained.

If a resident of the town, the successful candidate shall have held no elective municipal office for a period of 1 year prior to appointment.

4-1-4: Upon appointment or reappointment, as the case may be, the town council shall enter into a written contract with the town manager. Nothing in said contract shall affect the appointment or removal powers of the town council over the town manager, as hereinafter set forth.

SECTION 2 - POWERS, DUTIES AND ROLE

4-2-1: The town manager shall be the chief administrative officer of the town and shall be directly responsible and accountable to the town council for the effective administration of all town affairs placed in their charge by the town Council or this charter.

The town manager shall serve as a resource to the town council. The town council shall provide policy and political leadership for the town. The town manager shall bring policy issues to the town council to consider in making policy choices and shall then implement the policies adopted by the town council.

4-2-2: The town manager shall devote full-time to the duties of the office and shall engage in no other business or occupation. The town manager shall hold no elective or appointed office without advance authorization of the town council.

4-2-3: The town manager shall:

(a) attend all town council meetings, except when excused, and shall have the right to speak but not to vote; attend all subcommittee meetings or assign a designee to attend, except when excused and shall have the right to speak but not to vote;

(b) keep the town council fully informed regarding town and departmental operations, fiscal affairs, general problems and administrative actions; keep the town council fully advised as to the financial condition of the town by filing written reports with the town council not less frequently than quarterly throughout the year; provide the town councilors with such town records and shall generate such reports as may be requested by a majority of the town council;

(c) keep the town council fully informed as to the long-range needs of the town, the practices and governmental trends of other communities and the laws of the commonwealth and regulations of the commonwealth and make such recommendations to the town council as deemed necessary and appropriate;

(d) prepare, assemble and present to the town council the annual town operating and capital budgets, present said budgets to the town council in a format acceptable to the town council and cooperate with the town council in all financial matters;

(e) serve as general ombudsman for the town in all matters other than those involving members of the town council;

(f) maintain an inventory of all town real and personal property;

(g) be responsible for the daily administration of the personnel system, including the maintenance of personnel records and enforcement of personnel rules and regulations;

(h) except as otherwise set forth in the General Laws or this charter, the town manager shall serve as the chief procurement officer for the town, excluding the school department;

(i) be responsible for the maintenance of all buildings and property owned or leased by the town;

(j) perform such other duties as may be required by this charter, town by-law or order of the town council;

(k) the town manager shall propose and the town council may adopt personnel rules providing for the job descriptions for all town positions, based on the duties, responsibilities and authority of each position, with adequate provisions for reclassification of any position whenever warranted by changed circumstances and such other practices and procedures as may be deemed necessary for the administration of the town’s personnel system;

(l) execute all deeds conveying town real property, but any such conveyance shall have been previously authorized by the vote of the town council pursuant to the applicable provisions of the General Laws;

(m) to negotiate or cause to be negotiated all contracts involving any subject within the jurisdiction of the office of town manager; and

(n) be responsible for the coordination of the activities of all agencies under their control with the activities of all other town agencies, including those elected by the voters of the town of Southbridge and those appointed by other elected officials

4-2-4: Subject to confirmation by the town council, the town manager shall have the power to appoint, on the basis of merit and fitness alone: (i) a fire chief; (ii) a police chief; (iii) a director of public works; (iv) a town treasurer; (v) a town collector; (vi) a veterans agent; (vii) a director of inspection services and all inspectors except as otherwise provided by the General Laws; (viii) upon recommendation of the chief, a police department; (ix) upon recommendation of the chief, a fire department; (x) upon recommendation of the director, a department of public works; (xi) a finance director; (xii) a town accountant; (xiii) 1 full time assessor who shall assume the duties of the clerk of the board of assessors; (xiv) upon the recommendation of the trustees of the library, a library director; and (xv) such other individual town officers as are authorized by the General Laws, this charter or town by-laws and for whom appointment is not otherwise provided.

The town may enter into contracts with such departments and individuals as may be allowed by civil service, collective bargaining or state law.

4-2-5: The town manager shall, within 12 months of the start of their employment, be a resident of the town of Southbridge and shall not cease to be a resident during their employment by the town. The town council may, annually, by a 2/3 vote of the entire town council, not less than 6 town councilors, waive this requirement.

SECTION 3 - POWER TO APPOINT TOWN BOARDS AND COMMISSIONS

4-3-1: The town manager shall have the power to appoint, subject to confirmation by the town council, the following boards and commissions:

(a) a 5-member board of health;

(b) a 5-member planning board, with 2 alternate members;

(d) a 5-member zoning board of appeals, with 2 alternate members;

(e) a 5-member conservation commission; with 2 alternate members;

(f) a 5-member liquor licensing board with 1 alternate member; and

(g) the members of such other boards and commissions as the town council deems appropriate to establish.

The terms of the members of such boards and commissions shall be staggered.

4-3-2: The town manager shall have the power to appoint, subject to confirmation by the town council, the following town boards and commissions: constables, commissioners of trust funds and trustees of soldiers, sailors, marines and airmen memorials.

4-3-3: The town manager shall have the power to appoint, subject to confirmation by the town council, such other members of boards and commissions as are authorized by the General Laws, this charter or town by-laws and for whom appointment is not otherwise provided.

SECTION 4 - POWER TO RESCIND APPOINTMENTS

4-4-1: The town manager shall have the power to rescind appointments, subject to confirmation by the town council, for cause including, but not limited to, excessive and un-excused absenteeism, incapacity other than temporary illness, inefficiency, insubordination or conduct unbecoming an officer and any appointment made by them to any board, commission, committee or individual office under the authority of this charter; provided that the appointee shall first have been served with written notice of the town manger’s intention specifying the reasons for the proposed removal and informing the appointee of their right to be heard at a public hearing, if requested.

SECTION 5 - REORGANIZATION PLANS BY THE TOWN MANAGER

4-5-1: The town manager may propose a plan, subject to applicable laws and the terms of this charter, to establish, reorganize, consolidate or abolish any town agency under their jurisdiction. Such reorganization plan may not be amended by the town council but shall either be approved or disapproved in the form as submitted.

SECTION 6 - REMOVAL OF THE MANAGER

4-6-1: Removal of the town manager prior to the expiration of their term of appointment shall be effectuated by a 2/3 vote of the entire town council, a minimum of 6 votes, at a town council open meeting. Such vote shall immediately rescind said appointment.

SECTION 7 - ACTING TOWN MANAGER

4-7-1: During the temporary absence of the town manager, an acting town manager shall be appointed by the town council to perform the duties of the town manager. Any permanent vacancy in the office of the town manager shall be filled as soon as possible by the town council. The original term of service of any person as acting town manager may not exceed 12 months. However, subsequent terms of service may be extended by a majority vote of the town council. Compensation for such person shall be set by the town council. Except as otherwise prohibited by this charter, nothing in this section shall prevent an acting town manager from being appointed as town manager.

During a period of absence of the town manager, pending the appointment of an acting town manager, the finance director shall perform the duties of the town manager; provided, however, that an acting town manager, who is not a member of the town council, shall be appointed by the town council as soon as possible.

CHAPTER 5

SCHOOL COMMITTEE

SECTION 1 - COMPOSITION

5-1-1: There shall be a school committee consisting of 7 members. All members of the committee shall be elected for terms of 3 years each. The terms shall be staggered so no less than 2 members are elected each year. All school committee members shall be elected by the voters at-large. The members and chair of the school committee shall receive compensation identical to that received by the members and chair of the town council, if any.

SECTION 2 - POWERS AND DUTIES

5-2-1: The school committee, established under this charter, shall have general charge of the public schools of the town. The school committee shall have the power to select and terminate a superintendent of schools, establish educational goals and policies for the schools consistent with the requirements of the laws of the commonwealth and standards established by the commonwealth. The school committee shall have all the powers and duties given to school committees by the laws of the commonwealth.

CHAPTER 6

DEPARTMENT OF PUBLIC WORKS

SECTION 1 - ESTABLISHMENT

6-1-1: There shall be established in the town of Southbridge a department of public works administered by the town manager.

6-1-2: The responsibilities of the following departments shall be incorporated in the department of public works: highway department, engineering department, sewer department, parks department, maintenance function of the recreation committee, cemetery department, tree warden, moth superintendent, fence viewer, ELD driver, custodian of town structures, water department and other related functions.

6-1-3: There shall be a director of public works, appointed for a 3-year term by the town manager subject to confirmation by the town council. The director shall report directly to the town manager.

6-1-4: The director may be removed in the same manner as other town department heads as provided by this charter.

SECTION 2 - POWERS AND DUTIES OF THE DIRECTOR

6-2-1: The powers and duties of the director of the department of public works, in addition to those otherwise conferred or imposed by state law or this charter, shall include the power to establish divisions within the department of public works. Each division shall assume such management and control as determined by the director. The director shall have the power to make rules and regulations for the governing of the department of public works and divisions thereof and shall attend to the proper enforcement of the same. The director shall have jurisdiction over the divisions of the department of public works and over each member of each division. No person shall be hired as an employee of the department without the recommendation of the director.

6-2-2: In the event that the director is absent from the town, they shall notify the town manager, in writing, of the person designated to assume the responsibilities of the director during their absence.

6-2-3: The director shall attend meetings of the town council, as requested by the town manager; meetings of the department of public works subcommittee, unless excused; and recommend to the town manager measures requiring action as deemed necessary or expedient by the director.

6-2-4: The director shall keep full and complete records of the department and shall render to the town manager, as often as may be required, a full report of all department operations during the period reported.

6-2-5: Each petition submitted pursuant to town by-laws and referred to the department of public works shall be returned to the town council with the recommendations of the director within 30 days after its referral to the department of public works.

6-2-6: The director shall keep the town manager and town council fully advised as to the needs of the town within the scope of their duties; furnish the town manager on or before March 1 each year a detailed list of the appropriations required during the next ensuing fiscal year for proper conduct of all divisions under their control; furnish a master plan for all major public works for the town, giving priority to the projects in accordance with their necessity and importance; and establish long-range planning as may be determined to be in the best interests of the town.

6-2-7: The director shall cause to be performed and inspected all the work of construction, reconstruction, alteration, repair, maintenance and upkeep and all other work incidental thereto of the departments specified in section 6-1-2 in accordance with the policies of long-range plans, priority of major projects and capital outlay requirements as may be authorized and established by the town manager.

6-2-8: The director shall inspect all streets and ways being constructed to ascertain whether said construction complies with plans filed with the planning board and with all planning board regulations, town by-laws and state statutes and to give to the planning board a report of their inspection prior to the approval of said street by the planning board.

CHAPTER 7

TOWN ATTORNEY

SECTION 1 - APPOINTMENT AND DUTIES

7-1-1: The town manager shall, subject to confirmation by the town council, appoint a town attorney to serve as chief legal advisor to the town council, the town manager and all town departments, offices and agencies. The town attorney shall represent the town in all legal proceedings and shall perform such other duties as may be prescribed by the General Laws, this charter or town by-laws; provided, however, that nothing in this section shall prevent the town from engaging or being represented by other counsel, where appropriate.

7-1-2: The town shall adopt a standard operating policy regarding access to and use of a town attorney and the policy may be amended from time to time.

CHAPTER 8

TOWN AUDITOR

SECTION 1 - APPOINTMENT AND DUTIES

8-1-1: The town manager shall, subject to confirmation by the town council, appoint an auditor who shall annually, in accordance with generally accepted auditing standards for governmental financial audits, audit all town accounts and financial statements with regards to compliance with applicable laws, regulations, contract provisions and grant agreements. The audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the town. All documents and reports presented to the town or any employee thereof by the auditor as result of said audit shall, upon submission, be filed with the town clerk and shall be deemed a public record.

CHAPTER 9

LICENSING

SECTION 1 - LIQUOR LICENSING BOARD

9-1-1: There shall be a liquor licensing board established in accordance with the laws of the commonwealth; provided, however, the town manager is authorized to appoint 5 members to said board, subject to the approval of the town council; provided further, the town manager shall appoint 1 alternate member, subject to the approval of the town council and said alternate member shall be appointed without regard to party enrollment; provided further, the 5 member board shall designate their chair and vice-chair. All members so appointed shall have been residents of the town of Southbridge for no less than 2 years immediately preceding such appointment and shall serve for terms of 3 years each so arranged that the term of 1 member shall expire each year. The alternate member shall sit on the board at the designation of the chair in the case of absence, inability to act or conflict of interest on the part of any member of the board or in the event of a vacancy on the board until such time as the vacancy is filled by the town manager. All vacancies shall be filled by the town manager for the remainder of the unexpired term in the manner provided for an original appointment.

9-1-2: A person appointed to the liquor licensing board shall not be engaged, directly or indirectly, in the commercial manufacture or sale of alcoholic beverages and if once appointed, a member engages in such commercial manufacturing or sale, that member’s office shall immediately become vacant.

SECTION 2 - LICENSING OTHER THAN LIQUOR

9-2-1: With respect to licenses and permits other than those relating to alcoholic beverages, the town manager shall grant all such licenses and permits and shall have all the powers and duties of a licensing authority under the General Laws; provided, however, that the town council retains the power to delegate to 1 or more town agencies; the powers vested in the town council by the laws of the commonwealth to grant and issue licenses and permits and may regulate the granting and issuing of licenses and permits by any such town agency; and may in its discretion, rescind any such delegation without prejudice to any prior action which has been taken.

CHAPTER 10

FINANCIAL PROVISIONS AND PROCEDURES

SECTION 1 - APPLICABILITY OF GENERAL LAW

10-1-1: In all matters concerning finances and financial procedures of the town, the provisions of the General Laws shall apply together with such other requirements as are provided by this charter or town by-laws.

SECTION 2 - CONTRACTS

10-2-1: All contracts for services negotiated by the town manager shall be ratified by a majority vote of the town council.

SECTION 3 - SUBMISSION OF BUDGET AND BUDGET MESSAGE

10-3-1: Not less than 90 days prior to the start of each fiscal year, the town manager shall submit to the town council a budget for the ensuing year and an accompanying message, unless otherwise provided for by the General Laws.

10-3-2: The town manager’s message shall explain the budget both in fiscal terms and in terms of work programs. It shall outline the proposed financial policies of the town for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures and revenues together with reasons for such changes, summarize the town’s debt positions and include such other material as the town manager deems desirable.

SECTION 4 - PROPOSED BUDGET

10-4-1: The budget shall provide a complete financial plan of all town funds and activities for the ensuing fiscal year, including the proposed school budget and, except for the school budget or as required by law or this charter, shall be in such form as the town council deems desirable and shall require. It shall indicate in separate sections: (i) proposed expenditures for current operations during the ensuing fiscal year, detailed by offices, departments and agencies and the method of financing such expenditures; and (ii) proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies when practicable and the proposed method of financing each such capital expenditure.

10-4-2: In submitting the proposed budget, the town manager shall utilize modern fiscal principles so as to afford maximum information and financial control. The budget shall detail all estimated revenue from the property tax levy and other sources and all proposed expenditures, including debt service for the previous, current and ensuing years and shall indicate separately:

(a) proposed expenditures for both current operations and capital projects during the ensuing year detailed by agency purpose and position together with proposed financing methods; and

(b) estimated surplus revenue and free cash available at the close of the fiscal year, including estimated balance in special accounts and enterprise funds.

SECTION 5 - NOTICE OF PUBLIC HEARING ON PROPOSED BUDGET

10-5-1: The town council shall publish on the town’s website and in any other public media as determined by the town council a general summary of the budget and a notice stating: (i) the times and places where copies of the budget are available for inspection; and (ii) the date, time and place, not less than 2 weeks after such publication, when a public hearing on the budget shall be held.

SECTION 6 - ADOPTION OF THE BUDGET

10-6-1: The town council shall adopt the budget, with or without amendments, on or before the end of the eleventh month of the fiscal year currently ending. In amending the budget, the town council may by majority vote of the full town council, a minimum of 5 votes, delete or decrease any programs or amounts except expenditures required by law or for debt service. Upon an identification and verification of an available revenue source, the town council may by 2/3 vote of the full town council, a minimum of 6 votes, increase any amount in or the total of the proposed budget. Adoption of the budget shall constitute an appropriation of the amounts specified therein as expenditures from the funds indicated.

SECTION 7 - CAPITAL IMPROVEMENTS PROGRAM

10-7-1: Within the period provided by the General Laws, the town manager shall submit to the town council a 5-year capital improvements program which shall include:

(a) a clear summary of its contents;

(b) a list of all capital improvements proposed to be undertaken during the next 5 fiscal years with supporting data;

(d) the estimated annual cost of operating and maintaining any facility to be constructed or acquired.

10-7-2: The above information may be revised and extended each year with regards to capital improvements pending or in process of construction or acquisition.

SECTION 8 - NOTICE OF PUBLIC HEARING ON CAPITAL PROGRAMS

10-8-1: The town council shall publish on the town’s website and in any other public media as determined by the town council the general summary of the capital program and a notice stating: (i) the times and places where copies of the capital improvements program are available for inspection by the public; and (ii) the date, time and place, not less than 2 weeks after such publication, when a public hearing on said program shall be held.

10-8-2: After the public hearing and on or before the end of the eleventh month of the current fiscal year, the town council shall adopt the capital improvements program by resolution, with or without amendments, provided that each amendment must be voted separately and that any increase in the capital improvements program as submitted must clearly identify the method of financing proposed to accomplish this increase.

SECTION 9 - SUPPLEMENTAL APPROPRIATIONS

10-9-1: If during the fiscal year the town manager certifies, through the finance director, that revenues in excess of those estimated in the budget are available for appropriation, the town council may make supplemental appropriations for the year up to the amount of such excess.

SECTION 10 - EMERGENCY APPROPRIATIONS

10-10-1: To meet a public emergency affecting life, health, property or the public peace, the town council may make emergency appropriations. Any such emergency order shall be so declared in an emergency preamble thereto, separately voted on and receiving the affirmative vote of at least 2/3 of the full town council, a minimum of 6 votes.

SECTION 11 - REDUCTION OR RESTRICTIONS OF USE OF APPROPRIATIONS

10-11-1: If at any time during the fiscal year it appears probable to the town manager that the revenues available shall be insufficient to meet the amount appropriated, they shall report to the town council, without delay, indicating the estimated amount of the deficit and any remedial actions taken by them and their recommendations as to any other steps to be taken. The town council shall then take such further action as it deems necessary and for that purpose may reduce, restrict or limit the use of the unexpended balance of appropriations.

SECTION 12 - TRANSFER OF APPROPRIATIONS

10-12-1: At any time during the fiscal year the town council may, upon recommendation of the town manager through the finance director, transfer part of or all of any unencumbered appropriation balance among programs within a department, office or agency and may transfer part or all of any unencumbered appropriation balance from one department, office or agency to another.

SECTION 13 - LIMITATION EFFECTIVE DATE

10-13-1: No appropriation for debt service may be reduced, restricted, limited or transferred and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption.

SECTION 14 - LAPSE OF APPROPRIATIONS

10-14-1: Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned.

SECTION 15 - PAYMENTS AND OBLIGATIONS PROHIBITED

10-15-1: No payment shall be made or obligation incurred against any appropriation except in accordance with appropriations duly made and unless the town accountant first certifies that there is a sufficient unencumbered balance in such appropriation to cover the claim or meet the obligation when it becomes due and payable.

10-15-2: Any authorization or payment or incurring of obligations in violation of this charter shall be void and any payment so made illegal. Such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation and they shall also be liable to the town for the payment for any amount so paid. However, except where prohibited by the General Laws, nothing in this charter shall be construed to prevent the making or authorizing of payment or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payment beyond the end of the fiscal year; provided, however, that such obligation is funded by appropriation or authorized by the General Laws.

CHAPTER 11

NOMINATIONS AND ELECTIONS

SECTION 1 - TOWN ELECTIONS

11-1-1: The regular election for all town offices shall be by official ballot held on the second Tuesday in June.

11-1-2: Any person duly elected to any office or board shall take up the duties of their office on the first weekday of July; provided, however, that they first shall have been sworn into the faithful performance of their duties.

11-1-3: All provisions of the General Laws with regards to town elections shall apply, except as may herein be provided by this charter.

SECTION 2 - ELIGIBILITY OF TOWN VOTERS

11-2-1: Any registered voter of the town shall be eligible for election to any elective office or board of the town, except as otherwise limited by this charter.

SECTION 3 - FILLING OF VACANCIES IN ELECTED TOWN OFFICES

11-3-1: A vacancy in the office of town councilor whether caused by death, resignation, removal or recall shall be filled by a special election to be called within 30 days of said vacancy unless a regular town election shall occur within 180 days. Filling of vacancies of elected positions on town boards, other than the town council, shall be by joint convention with the town council and the remaining members of said board.

SECTION 4 - RECALL OF ELECTIVE OFFICERS

11-4-1: An elective officer of the town may be recalled and removed from public office by the voters of the town as herein provided. Any voter of the town may file with the town clerk a petition containing the name and title together with a statement of the grounds for their removal. Said petition shall be signed in ink or indelible pencil by qualified voters of the town equal to not less than 10 per cent of the voters registered at the last municipal election; provided, however, that no recall petition may be led against any officer until they shall have held office for not less than 6 months. Said petition shall be accompanied by affidavits as to the authenticity of signatures, signed and sworn to by each circulator. Said petition shall then be filed with the board of registrars of voters for certification. Within 10 days from such filing, the board of registrars of voters shall check each name to be certified and shall certify thereon the number of signatures so checked and shall report the results to the persons filing the petition, the town clerk and the town council.

11-4-2: Upon presentation of the certified petition to the town council, it shall become the duty of the town council within 30 days after the receipt thereof to order a special election which shall take place within 90 days but not sooner than 65 days after presentation of the certified petition to the town council. No such election shall be ordered if the term of office of such elective official shall expire within 120 days from the date of the original filing or if such elective officer shall resign from such office before the election. Said recall election shall be called and conducted in the same manner as is provided in the General Laws for the call and conduct of a special election.

11-4-3: The form of the question to be voted upon shall be substantially as follows: Shall (here insert the name and title of the elective officer whose recall is sought) be recalled?. A majority vote of the voters to recall such elective officer shall not be effective unless a total of not less than 15 per cent of the electorate entitled to vote on the question shall have voted. Recall of such elective officer shall become effective upon certification of the results of the voting thereon, regardless of any technical deficiency in the recall petition.

11-4-4: No person having been recalled or having resigned from office while recall proceedings were pending against them shall be appointed to any town office within 2 years following said recall or resignation.

SECTION 5 - ELECTION TO BE BY PLURALITY VOTE

11-5-1: Election to all town offices, established by this charter, shall be by a plurality of those voting on each office.

CHAPTER 12

GENERAL PROVISIONS

SECTION 1 - INITIATIVE PETITION AND REFERENDUM

12-1-1: The voters of the town shall have the power to propose by-laws and other measures within the authority of the town council by initiative petition and to review by-laws and other measures as set forth in section 12-4-1 of this charter by referendum in accordance with the procedures established by this charter.

12-1-2: At any election at which an initiative petition or a referendum is submitted to the voters, the polls shall be opened at 7 o’clock in the morning and shall be closed not earlier than 8 o’clock in the evening and all votes upon any questions so submitted shall be taken by ballot.

SECTION 2 - INELIGIBLE MEASURES

12-2-1: None of the following shall be subject to the initiative or the referendum procedures: (i) proceedings relating to the internal organization or operation of the town council or of the school committee; (ii) an emergency measure adopted in conformity with the town charter; (iii) the town budget or the school committee budget as a whole; (iv) revenue loan orders; (v) any appropriation for the payment of the town’s debt or debt service; (vi) an appropriation of funds to implement a collective bargaining agreement; (vii) proceedings relating to the election, appointment, removal, discharge, employment, promotion, transfer, demotion or other personnel action; (viii) any proceedings repealing or rescinding a measure or part thereof which is protested by referendum procedures; and (ix) any proceeding providing for the submission or referral to the voters at an election.

SECTION 3 - INITIATIVE PETITION

12-3-1: The voters of the town may initiate legislation by submitting a petition to the town council which requests the submission of the proposed by-law or measure to a vote of the town council. Said petition must be signed by qualified voters of the town equal in number to not less than 5 per cent of the total number of voters registered at the last regular town election. Each copy of the petition shall have attached to it a copy of the proposed legislation. Said petition shall then be filed with the board of registrars of voters for certification.

12-3-2: Within 10 days from such filing, the board of registrars of voters shall check each name to be certified and shall certify thereon the number of signatures so checked and shall report the results to the persons filing the petition, the town clerk and the town council.

12-3-3: Upon presentation of the certified petition to the town council, it shall become the duty of the town council, within 30 days of receipt thereof, to pass and adopt or reject such by-law or measure without alteration as to meaning or effect. Should the town council reject the proposed legislation, it shall be the duty of the town council to forthwith submit the question to a vote at the next regular town election at which the qualified voters of the town of Southbridge shall vote on the question of adopting or rejecting the proposed legislation.

SECTION 4 - REFERENDUM

12-4-1: A vote passed by the town council authorizing the expenditure of $250,000 or more as a special appropriation or establishing a new town board or agency or abolishing an existing town board or agency or merging 2 or more town boards or agencies or fixing the term of town officers, where such term is optional or increasing, reducing the number of members of a board, adopting a new town by-law or amending an existing town by-law shall not be operative until after the expiration of 14 days.

12-4-2: If within said 14 days, a petition signed by not less than 5 per cent of the registered voters of the town containing their names and addresses as they appear on the list of registered voters is filed with the town clerk asking that the question or questions involved in such a vote be submitted to the registered voters of the town at-large, then the town council, after the expiration of 14 days, shall forthwith call a special election for the sole purpose of presenting to the registered voters at-large the question or questions so involved.

12-4-3: Each copy of the referendum petition shall have attached to it a copy of a brief description of the substance of the town council vote sought to be reviewed. The town clerk shall forthwith, upon the receipt of a referendum petition, cause the signatures appearing thereon to be certified by the board of registrars of voters who shall certify thereon within 10 days the number of signatures so checked and shall report the results to the persons filing the petition, the town clerk and the town council. Upon presentation of the certified referendum petition to the town council, it shall become the duty of the town council within 30 days after the receipt thereof to order a special election as aforesaid.

12-4-4: The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the town council shall be reversed unless not less than 25 per cent of the registered voters shall vote. Each question so submitted shall be in the form of the following question which shall be placed upon the official ballot: “Shall the town vote to approve the action of the town council whereby it was voted (brief description of the substance of the vote)?” If such petition is not filed within said period of 14 days, the vote of the town council shall become operative and effective upon the expiration of said period.

SECTION 5 - CHARTER AMENDMENT AND BY-LAW REVIEW

12-5-1: This charter may be revised or amended with the provisions of the home rule amendment of Article LXXXIX of the Amendments to the Constitution of the commonwealth and the Home Rule Procedures Act of chapter 43B of the General Laws.

12-5-2: The chair of the town council shall appoint a charter review committee consisting of 5 members, every 5 years. The committee shall report its recommendations to the town council within 1 year from the date of its appointment, unless extended by a majority vote of the town council.

12-5-3: In every year following the issuance of a report by a charter review committee, the chair of the town council shall appoint a by-law review committee consisting of 5 members. The committee shall report its recommendations to the town council within 1 year from the date of its appointment, unless extended by majority vote of the town council.

SECTION 6 - SEVERABILITY

12-6-1: If any provision of this charter is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of the remainder of this charter.

SECTION 7 - SPECIFIC PROVISIONS TO PREVAIL

12-7-1: To the extent that any specific provision of this charter shall conflict with any general provision thereof, the specific provision shall prevail.

SECTION 8 - COUNTING OF DAYS

12-8-1: In counting days under this charter, every calendar day shall be counted, including Sundays and all holidays unless otherwise specified.

CHAPTER 13

TRANSITIONAL PROVISIONS

SECTION 1 - CONTINUATION OF EXISTING LAWS

13-1-1: All general laws, special laws, town by-laws, town council votes and rules and regulations of or pertaining to the town that are in force when this charter takes effect, and not specifically or by implication repealed hereby, shall continue in full force and effect until amended, repealed or rescinded by due course of law, or until they expire by their own limitation.

13-1-2: Where provisions of this charter conflict with provisions of town by-laws, rules, regulations, orders and special acts and acceptances of the General Laws, this charter provisions shall govern. All provisions of town by-laws, rules, regulations, orders and special acts not superseded by this charter shall remain in force.

SECTION 2 - DISPOSITION OF CERTAIN SPECIAL ACTS

13-2-1: Chapter 790 of the acts of 1975, an act clarifying the charter of the town of Southbridge, is repealed and shall no longer apply to the town of Southbridge.

SECTION 3 - CONTINUATION OF GOVERNMENT AND ADMINISTRATION

13-3-1: Except as otherwise provided in this charter, all town offices shall continue to perform their duties until re-elected or until successors to their respective positions are duly appointed or elected and qualified, or until their duties have been transferred and assumed by another office.

SECTION 4 - TRANSFER OF RECORDS AND PROPERTY

13-4-1: All records, property and equipment whatsoever of any town agency, or part thereof, the powers and duties of which are assigned in whole or in part to another town agency, shall be transferred forthwith to such agency.

SECTION 5 - EXISTING OFFICIALS AND EMPLOYEES

13-5-1: Any person holding a town office or employment with the town shall retain such office or employment and shall continue to perform the duties of the office until provisions shall have been made in accordance with this charter for the performance of those duties by another person or agency. No person in the permanent full-time service or employment of the town shall forfeit their pay grade or time in service.

SECTION 6 - EFFECT ON OBLIGATIONS, TAXES, ETC.

13-6-1: All official bonds, recognizances, obligations, contracts, and other instruments entered into or executed by or to the town before the adoption of this charter, and all taxes, assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the town, shall be enforced and collected; and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by this charter; and no legal act done by or in favor of the town shall be rendered invalid by reason of the adoption of this charter.

SECTION 7 - TIME OF TAKING EFFECT

13-7-1: This charter shall become effective on the first business day of July in the year following the year in which this charter or any amendment thereto is approved by the general court or adopted by the voters, as may be applicable.

13-7-2: Upon implementation of this charter, The town council shall immediately review the rules and regulations of the town council to ensure they are in compliance with this charter.

13-7-3: Within 3 months after the adoption of this charter, the town council shall appoint a by-law review committee to review the town by-laws to ensure they are in compliance with this charter. Said committee shall report its recommendations to the town council within 6 months following their appointment. The committee may in its discretion and subject to appropriation, engage a legal consultant.

CHAPTER 14

CHARTER COMMISSIONS NOTES

SECTION 1 - INTENT OF NOTES

The following notes are intended by the nine-member charter commission elected on June 7, 2002, to clarify selected provisions of the charter.

Note 1: The intent of section 2-2-3 is to limit the term of office of town councilors to 3 consecutive terms. A councilor reaching the end of such 3 terms would be eligible to hold the office of town councilor following a 1-year hiatus.

Note 2: The commission clarifies that if it is ever unclear as to the proper way in which any power of the town is to be exercised, or by whom any power of the town is to be exercised, the town council shall, consistent with section 2-4-1, provide for the exercise of such power and for the performance of all duties and obligations imposed upon the town by-law.

Note 3: The commission includes non-councilor members of committees in section 2-4-4 to reduce the workload on councilors and to utilize expertise in the community. The commission emphasizes that all committees established by the town council are advisory and all committee members, including non-councilor members, shall have a vote for the purpose of committee business.

Note 4: Section 2-5-4 is intended to emphasize that the presence of all 9 members of the town council shall under no circumstances be required in order for the town council to conduct business.

Note 5: It is the intent of the commission that three non-council members of the five-member search committee provided for in section 4-1-2 be chosen on the basis of their proven expertise in hiring upper-level management. Further, while the hiring of a professional search firm is discretionary, the commission strongly recommends that the committee engage such a firm.

Note 6: The finance director’s performance of the duties of the manager in section 4-7-1 is intended to last only as long as it takes the town council to appoint an acting town manager.

Note 7: The purpose of section 12-2-1, ineligible measures, is to promote stability in the management of the town’s affairs.

SECTION 2. (a) Section 4-2-5 of said charter, as appearing in section 1 , shall be submitted to the voters of the city known as the town of Southbridge for acceptance at the next annual or special election occurring not less than 35 days after the effective date of the act.

(b) If a majority of votes are cast in the affirmative, said section 4-2-5 of said charter shall take effect, but not otherwise.

SECTION 3. This act shall take effect upon its passage.