SECTION 1. The charter of the town of Sandwich, 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 in section 1.2 the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 2. Section 3.3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 3. Section 3.4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 4. Subsection (a) of section 3.7 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 5. The first sentence of subsection (b) of section 3.7 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 6. The second sentence of subsection (b) of said section 3.7 of said charter is hereby amended by striking out the words “Ten (10)” and inserting in place thereof the words:- Fifty (50).
SECTION 7. Subsection (c) of section 3.7 of said charter is hereby amended by striking it out in its entirety and inserting in place thereof the following new subsection:- Any budget article on the warrant shall show comparative figures including actual figures for the preceding year, appropriations for the current year, request for the next fiscal year, and amounts recommended by the finance committee. Detailed information regarding the budget numbers also shall be made available to the appropriate boards and posted on the town website for public access. For articles other than the budget that seek to raise, transfer, appropriate or expend funds, historical data, if available, shall be provided.
SECTION 8. The first sentence of subsection (d) of said section 3.7 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the words:- select board.
SECTION 9. Section 3.7 of said charter is hereby further amended by inserting the following new subsection:- (e) A short information summary shall accompany each warrant article.
SECTION 10. The first sentence of section 3.8 of said charter is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
SECTION 11. Said section 3.8 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 12. The first sentence of section 4.1 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 13. The title of section 4.2 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 14. The first sentence of said section 4.2 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 15. Said section 4.2 of said charter is hereby amended by inserting the following new third sentence:- The select board shall possess all of the powers and duties of a board of selectmen under the General Laws.
SECTION 16. Section 4.2.1 of said charter is hereby amended by striking it in its entirety and inserting in place thereof the following new section: In addition to any other qualifications prescribed by law, each member of the board shall be a qualified voter of the town and shall reside within the town while in office
SECTION 17. Section 4.2.2 of said charter is hereby amended by striking it in its entirety and inserting in place thereof the following new section:- Members of the select board shall receive such compensation as may be specified in the annual budget, provided, however, that they shall be entitled to all necessary expenses incurred in the performance of their official duties upon approval by the select board.
SECTION 18. The title of section 4.2.3 of said charter is hereby amended by striking out the words “chairman and vice chairman” and inserting in place thereof the words:- chair and vice chair.
SECTION 19. Subsection (a) of said section 4.2.3 of said charter is hereby amended by striking it in its entirety and inserting in place thereof the following new section:- A chair shall be elected by the board of selectmen select board at the first meeting following each regular town election. The chair shall preside at all meetings of the board. The chair shall perform such other duties consistent with the General Laws and this charter or as may be imposed on the chair by the board.
SECTION 20. Subsection (a) of said section 4.2.3 of said charter is hereby further amended by striking it out in its entirety and inserting in place thereof the following new section:- A vice chair shall be elected by the select board at the first meeting following each regular town election. The vice chair shall act as chair during the disability or absence of the chair and in this capacity shall have the rights and duties conferred upon the chair.
SECTION 21. The first sentence of section 4.2.4 of said charter is hereby amended by striking out the word “selectman” and inserting in place thereof the words:- select board member.
SECTION 22. The second sentence of said section 4.2.4 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 23. Said section 4.2.4 of said charter is hereby amended by striking out the third sentence in its entirety and inserting in place thereof the following sentence:- If a vacancy occurs fewer than 8 months prior to the next annual election the select board may call for a special election to fill the vacancy, or, notwithstanding the petition process laid out in section 10 of chapter 41 of the General Laws, the vacancy shall be filled at the next annual election.
SECTION 24. Subsection (a) of section 4.2.5 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 25. Said section 4.2.5 of said charter is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following subsection:- One member of the select board may be designated to sign official payroll and vendor warrants.
SECTION 26. Subsection (c) of said section 4.2.5 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 27. The first sentence of subsection (d) of said section 4.2.5 of said charter is hereby amended by striking it out in its entirety and inserting in place thereof the following new sentence:-
No member of the select board may serve in any other elected or appointed town office or committee during that member’s term, excluding ex-officio positions, except that members may serve on committees when authorized by state law or town by-law.
SECTION 28. Subsection (e) of said section 4.2.5 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 29. The fourth sentence of said subsection (e) said section 4.2.5 of said charter is hereby further amended by striking out the words “either provide direct mailings to households or”.
SECTION 30. Subsection (f) of said section 4.2.5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 31. Subsection (h) of said section 4.2.5 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 32. Subsection (i) of said section 4.2.5of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 33. Subsection (j) of said section 4.2.5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 34. Subsection (k) of said section 4.2.5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board, and by striking out the word “selectmen” and inserting in place thereof the words:- select board members.
SECTION 35. Subsection (l) of said section 4.2.5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 36. The first sentence of subsection (a) of section 4.2.6 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 37. The second sentence of said subsection (a) of said section 4.2.6 is hereby amended by striking out the words “by resolution,” appearing after the words “shall fix.”
SECTION 38. The first sentence of subsection (b) of said section 4.2.6 of said charter is hereby amended by deleting it in its entirety and inserting in place thereof the following new sentence:-
The select board may hold such special meetings as it deems necessary and appropriate, which may be called by the chair or requested by a the majority of board members at a posted meeting of the board.
SECTION 39. Subsection (a) of section 4.2.7 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 40. Subsection (b) of said section 4.2.7 of said charter is hereby amended by striking out the word “selectman” and inserting in place thereof the words:- select board member.
SECTION 41. Subsection (c) of said section 4.2.7 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the words:- members of the select board.
SECTION 42. Said section 4.2.7 of said charter is hereby further amended by striking subsection (d) in its entirety.
SECTION 43. Subsection (a) of section 4.2.8 of said charter is hereby amended by deleting it in its entirety and inserting in place thereof the following new subsection:- Except if authorized by law, no member of the select board shall hold any other town office or town employment during that member’s term, nor shall any former member of the board hold any compensated appointed town office or town employment until 1 year after the expiration of term as a member of the select board.
SECTION 44. Subsection (b) of said section 4.2.8 of said charter is hereby amended by striking out the word “selectmen” in each instance in which it appears and inserting in place thereof the words:- select board.
SECTION 45. Subsection (c) of said section 4.2.8 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 46. The first sentence of section 4.3.2 of said charter is hereby amended by inserting, after the words “shall receive no compensation” the words:- unless otherwise directed by town meeting.
SECTION 47. The title of section 4.3.3 of said charter is hereby amended by striking out the words “chairman and vice chairman” and inserting in place thereof the words:- chair and vice chair.
SECTION 48. Subsection (a) of said section 4.3.3 of said charter is hereby amended by striking out the word “chairman” in each instance in which it appears and inserting in place thereof the word:- chair.
SECTION 49. Subsection (b) of said section 4.3.3 of said charter is hereby amended by striking out the word “chairman” in each instance in which it appears and inserting in place thereof the word:- chair.
SECTION 50. Section 4.3.4 of said charter is hereby amended by striking it in its entirety and inserting in place thereof the following new section:- If a vacancy occurs on the school committee, the vacancy shall be filled through a joint appointment by the select board and school committee to serve until the next annual election solely in the manner set forth in section 11 of chapter 41 of the General Laws.
SECTION 51. Section 4.3 of said charter is hereby amended by inserting a new section 4.3.9 entitled “Prohibitions” as follows:- No member of the school committee shall be employed by the Sandwich public schools during that member’s term, nor shall any former member of the committee hold any compensated appointed school system office or employment with the Sandwich public schools for 1 year following the expiration of their service on the school committee.
SECTION 52. Subsection (c) of section 4.4.1 of said charter is hereby amended by striking it out in its entirety and inserting in place thereof the following new subsection:- To assist in the application and appointment process and better prepare potential committee members, the moderator may at include participation by the chair of the select board, the chair of the finance committee or the chair of the school committee, or their designated representatives.
SECTION 53. Said section 4.4.1 of said charter is hereby amended by inserting a new subsection as follows:- (e) The moderator shall use reasonable efforts, including utilization of technology and other means such as electronic voting, at town meeting in the interest of conducting official business in an efficient manner.
SECTION 54. The second sentence of section 4.6 of said charter is hereby amended by striking out the words “to a three 3-year term” and inserting in place thereof the words:- for a term of 3 years.
SECTION 55. Section 4.6.2 of said charter is hereby amended by striking out “(a)”.
SECTION 56. Said section 4.6.2 is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- The board of library trustees shall, except in case of those employees subject to chapter 150E of the General Laws, appoint the director of the library and may enter into a contract with said director; provided, however, that such contract shall meet minimum legal standards established by the select board and town manager
SECTION 57. Section 4.6.2 of said charter is hereby further amended by striking out the third sentence.
SECTION 58. Section 4.6.3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 59. Subsection (a) of section 4.7of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 60. Said subsection (a) of said section 4.7 of said charter is further amended by inserting, after the third sentence the following new sentence:- A member may be selected by the multiple-member body to hold the position of presiding officer or chair for no longer than two consecutive years, excluding the time served filling the unexpired term of the previous chair.
SECTION 61. Subsection (b) of said section 4.7 of said charter is hereby amended by striking out the first sentence and inserting it place thereof the following new sentence:- Members of committees shall be elected for staggered terms of 3 years or appointed for a period as determined by the select board, unless otherwise provided for by the General Laws or this charter.
SECTION 62. The second sentence of said subsection (b) of said section 4.7 is hereby amended by striking out the words “selectman” and “board of selectmen” and inserting in place thereof in each instance the words:- select board.
SECTION 63. Subsection (c) of said section 4.7 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 64. Section 5.1.1 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 65. Said section 5.1.1 of said charter is further amended by striking out the words “and need not, when appointed, be a resident of the town of Sandwich; provided however, that the town manager shall establish such residence within 6 months following the effective date of appointment and provided further that the board of selectmen may, by a unanimous vote of all members of the board of selectmen then in office, extend to a time certain the time for establishing residence or waive this requirement in its entirety”.
SECTION 66. Section 5.1.2 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 67. Section 5.1.3 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 68. Section 5.1.4 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 69. Subsection (a) of said section 5.1.4 of said charter is hereby amended by striking out the words “shall be required for appointment of department heads and the assistant town manager” and inserting in place thereof the words:- shall be required for the town manager to appoint department heads and the assistant town manager.
SECTION 70. Subsection (i) of said section 5.1.4 of said charter is hereby amended by striking out the number “$1,000,000” and inserting in place thereof the number:- $1,500,000.
SECTION 71. The second sentence of subsection (n) of said section 5.1.4 of said charter is hereby amended by striking out the words “a municipal light department or”.
SECTION 72. Subsection (n) of said section 5.1.4 of said charter is hereby amended by inserting after the second sentence the following new sentence:- The town manager shall provide written notice to the select board and the finance committee within 10 working days of the transfer.
SECTION 73. Subsection (p) of said section 5.1.4 of said charter is hereby amended by striking out the words “at the end of the fiscal year” and inserting in place thereof the words:- and the finance committee within a reasonable time after the close of the fiscal year.
SECTION 74. Section 5.1.5 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 75. Section 5.2 of said charter is hereby amended by striking out the words “board of selectmen” in each instance in which they appear and inserting in place thereof the words:- select board.
SECTION 76. The first sentence of article VI of said charter is hereby amended by striking it out in its entirety and inserting in place thereof the following sentence:- All officers or employees of any agency, office, department, board, commission, bureau, division or authority of the town shall comply with clause twenty-six of section 7 of chapter 4 of the General Laws and Sections 10 and 10A of chapter 66 of the General Laws, addressing public records and management..
SECTION 77. Subsection (b) of section 7.1 of said charter is hereby amended by inserting after the words “town manager” the following words:- after consultation with the school superintendent.
SECTION 78. The first sentence of said subsection (c) of said section 7.1 of said charter is hereby amended by deleting it in its entirety and inserting in place thereof the following new subsection:- On or before December 15, select board shall meet in joint session with the school committee and finance committee. At this meeting, the select board shall set guidelines for the preparation of the annual budget.
SECTION 79. Subsection (d) of said section 7.1 of said charter is further amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 80. Subsection (f) of said section 7.1 of said charter is further amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 81. Subsection (g) of said section 7.1 of said charter is hereby amended by striking it in its entirety and inserting in place thereof the following new subsection 7.1:- Within a reasonable time after the close of the fiscal year the select board shall meet in joint session with the school committee and finance committee to identify and review issues, projects or plans that might affect budgeting and budget assumptions for the next two fiscal years and to strategize approaches.
SECTION 82. Subsection (a) of said section 7.1 of said charter is hereby deleted and the remaining subsections re-lettered accordingly.
SECTION 83. Subsection (d) of section 7.2 of said charter is amended by striking out the word “chairman” and inserting in place thereof the word:- chair.
SECTION 84. Subsection (a) of section 7.3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 85. Subsection (b) of section 7.3 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 86. The first sentence of section 7.5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 87. Said section 7.5 of said charter is hereby further amended by striking out the third sentence in its entirety and inserting in place thereof the following new sentence:- Upon completion of the audit, the results in a summary form shall be posted on the town website with hard copies placed in the town clerk’s office and in the Sandwich public library.
SECTION 88. The first sentence of section 8.1 of said charter is hereby amended by deleting it in its entirety and inserting in place thereof the following new section:- A holder of an elected office in the town of Sandwich may be recalled there from by the qualified voters of the town as provided in Section 8 of this Charter for reasons which shall include, but are not limited to the following: embezzlement; influence peddling; refusal to comply with clause twenty-six of section 7 of chapter 4 of the General Laws (protection of information in public records), sections 10 and 10A of chapter 66 of the General Laws (public records requests), sections 18 through 25 of chapter 30A (open meeting law) or chapter 268A of the General Laws (conflict of interest) or any rules and regulations thereto, and the by-laws of the town of Sandwich that pertain to the same; destruction or alteration of public records; nepotism; conviction for a felony; failure to perform the duties of the elected office; or other willful acts of omission or commission which betray the public trust.
SECTION 89. Section 8.2 of said charter is hereby amended by striking it out in its entirety and inserting in place thereof the following new section:-
SECTION 8.2PROCESS
(a) Any ten qualified voters of the town of Sandwich may file with the town clerk of said town an affidavit containing the name of the officer sought to be recalled and a statement of the grounds of recall. Said town clerk shall thereupon deliver to the voter making such affidavit a sufficient number of copies of petition blanks demanding such recall, printed forms of which the town clerk shall keep on hand. The blanks shall be issued by the town clerk with the town clerk’s signature and official seal attached thereto and shall be dated and addressed to the select board of said town. Said blanks shall contain the name of the person to whom issued, the number of blanks to be issued, the name of the person sought to be recalled, the office from which removal is sought, the grounds of recall as stated in said affidavit, and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. Said recall petition shall be returned and filed with the town clerk within twenty days after filing of the affidavit. Said petition before being returned and filed shall be signed by twenty-five per cent of the qualified voters and to every signature shall be added the place of residence of the signer, giving the street and number. The said recall petition shall be submitted to the town clerk by three o'clock p.m. on the Friday preceding the day which it must be filed, to the registrars of voters in said town, and the registrars shall forthwith certify thereon the number of signatures which are names of voters of said town.
(b) If the petition shall be found and certified by said town clerk to be sufficient, the town clerk shall submit the same with the town clerk’s certification to the select board, without delay, and said select board shall forthwith give written notice of receipt of said certificate to the officer against whom recall is being sought. If the officer does not resign within five days thereafter, said select board shall order an election to be held on a date fixed by them not less than sixty days and not more than ninety days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, however, that if another town election is to occur within one hundred days after the date of the certificate the select board may, in their discretion, postpone the holding of said recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been so ordered, the election shall nevertheless proceed as provided herein.
(c) Any officer sought to be removed may be a candidate to succeed themself and, unless they request otherwise in writing, the town clerk shall place their name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of law relating to elections, unless otherwise provided by this act.
(d) The incumbent shall continue to perform the duties of their office until the recall election. If then reelected, they shall continue in the office for the remainder of their unexpired term, subject to recall as before, except as provided in this act. If not reelected in the recall election, they shall be deemed removed upon the qualification of their successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of their election, the incumbent shall thereupon be deemed removed and the office vacant.
(e) Ballots used in a recall election shall submit the following propositions in the order indicated: For the recall of (name of officer) Against the recall of (name of officer) Immediately at the right of each proposition, there shall be a square in which the voter, by making a cross mark (X), may vote for either of the said propositions. Under the proposition shall appear the word "Candidates", the directions to voters required by section forty-two of chapter fifty-four of the General Laws, beneath this the names of candidates nominated as hereinbefore provided. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected; provided that at least forty percent of those entitled to vote shall have voted. If a majority of votes on the question is in the negative, the ballot for candidates need not be counted.
(f) No recall petition shall be filed against an officer within six months after they takes office, nor, in case of an officer subject to a recall election and not recalled thereby, until at least six months after the election at which their recall was submitted to the voters.
SECTION 90. Said charter is hereby amended by inserting prior to section 9.1 of said charter, the following new title:- Article IX Charter.
SECTION 91. Section 9.3 of said charter is hereby amended by striking it out in its entirety and inserting in place thereof the following new section:- At least every 10 years or as deemed necessary by the select board, the select board shall appoint a charter review committee to be composed of seven 7 members for a period not longer than 6 months or such other period of time determined by the select board in its discretion, who shall submit their recommendations to the select board and shall file proceedings of their deliberations.
SECTION 92. Section 9.5 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the words:- select board.
SECTION 93. Section 9.6 of said charter is hereby amended by striking it in its entirety.
SECTION 94. This act shall take effect upon its passage.
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