FILED ON: 12/18/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5204

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act amending the charter of the town of Lynnfield.

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 1-3-1 of the charter of the town of Lynnfield, which is on file in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- select board.

SECTION 2. Said charter is hereby further amended by striking out chapters 2 to 9, inclusive, and inserting in place thereof the following 8 chapters:-

CHAPTER 2

TOWN MEETING

Section 1 Organization

2-1-1The legislative powers of the town shall be exercised by an open town meeting, open to all registered voters of The Town.

2-1-2The quorum necessary for the conduct of business at all Town Meetings shall be at least 175 registered voters.

2-1-3In all procedural matters, the Town Meeting shall follow the latest revised edition of ROBERT'S RULES OF ORDER, except as otherwise provided by General Law, this Charter, or By-law.

Section 2 Powers and Responsibilities

2-2-1The Town Meeting shall consider and act upon all proposed By-laws.

2-2-2The Town Meeting shall consider and act upon, with or without amendments, all proposed operating and capital improvement budgets, bond issues, and other financial proposals of The Town.

2-2-3The Town Meeting shall possess and exercise all powers possible under general law.

2-2-4The Town Meeting may, through the Select Board or a duly constituted special committee, investigate the affairs of any town division, department, board, commission, committee, office, or function. An investigating committee appointed under this provision shall not have the power to scrutinize the records of any meeting held in executive session.

2-2-5All town officers, or their representatives, members of boards and commissions, and department heads shall attend any Town Meeting when proposals affecting their particular office, board, or department are included in the warrant. The absence of any such persons shall not invalidate the actions of the Town Meeting.

Section 3 Procedures

2-3-1The Town Meeting shall meet regularly on the last Monday evening in April to consider and adopt an annual operating and capital budget, and to act on other financial matters. The meeting shall be continued on others days, until all articles in the warrant shall have been acted upon.

2-3-2The Town Meeting shall also meet regularly on the third Monday evening in October to consider and act on matters of planning, zoning, subdivision control, building codes, and all other matters of a By-law nature, involving an appropriation of town funds, as may properly come before the meeting. The meeting shall be continued on other days, until all articles in the warrant shall have been acted upon.

2-3-3A Special Town Meeting may be called by the Select Board, and shall be called by said Board upon the request, in writing, of two hundred registered voters of the Town.

2-3-4All proposed operating expenditures shall be included in a single, omnibus-type article in the Town Meeting warrant. In addition, all regular departmental capital expenditures shall be included in an omnibus-type article.

2-3-5The Select Board shall prepare the warrant for the two regularly scheduled Town Meetings and for Special Town Meetings, and shall have the power to insert articles therein.

2-3-6Articles involving an expenditure of town funds shall not be voted on by the Town Meeting unless they shall have been considered previously, and a recommendation issued thereon, by the Finance Committee.

2-3-7Articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer lines, and all other matters relating to the environment shall not be voted on by the Town Meeting unless they shall have been considered previously, and a recommendation issued thereon, by the Planning Board.

2-3-8The provisions of paragraphs 2-3-6 and 2-3-7 shall not apply to articles which shall have been submitted to the Finance Committee or to the Planning Board, respectively, for a period of fourteen or more days.

2-3-9The order of consideration of the articles as printed in the warrant may be changed only by a four-fifths vote of the Town Meeting.

2-3-10The substance of any article entailing an expenditure of town funds which has been acted upon at any of the two regularly scheduled Town Meetings shall not again be voted on by the Town Meeting for a period of one year thereafter, unless the finance committee shall have recommended resubmission of the article.

2-3-11The substance of any article entailing planning, zoning, subdivision control, land acquisition, conservation, extension of sewer lines, and all other matters relating to the environment, which have been acted upon at any of the two regularly scheduled Town Meetings shall not again be voted on by the Town Meeting for a period of two years thereafter, unless the Planning Board shall have recommended resubmission of the article.

Section 4 Initiative Petition

2-4-1Except as otherwise provided in Sections 2-3-10 and 2-3-11, any ten voters of the Town may secure by written petition to the Select Board, the inclusion of an article for the warrant of any duly scheduled Annual Town Meeting, and at least one hundred registered voters may secure the same for any duly scheduled Special Town Meeting.

Section 5 Presiding Officer

2-5-1A Moderator shall be elected for a term of one year. The moderator shall preside at all sessions of the Town Meeting and shall serve without compensation.

2-5-2The Moderator shall appoint:

(a)Six members of an eleven member Finance Committee, for overlapping terms of three years, who shall serve without compensation; and

(b)Any ad hoc committee created by the Town Meeting, unless another appointive authority shall be specified in the language of the article establishing such committee.

CHAPTER 3

THE SELECT BOARD

Section 1 The Select Board

3-1-1A Select Board of three members shall be elected for three-year overlapping terms. The regular election for the office of a member of the Select Board shall be held in accordance with Chapter eight of this Charter.

3-1-2A vacancy in the office of a member of the Select Board shall be filled by special election, in accordance with the provisions of General Law.

Section 2 General Powers

3-2-1All executive powers of the Town, except as otherwise provided in this Charter, shall be vested in the Select Board. It is the intent of this section that the Board shall exercise control over town affairs by recommending major courses of action to the Town Meeting and by setting policies to be carried out by the Town Administrator, and other officers, boards, and commissions appointed by the Select Board.

3-2-2The Board shall have the power to enact rules and regulations relating to the conduct of town elections and for the establishment of town policies, not otherwise governed by Statute, this Charter, or By-law, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the Board shall be effective only if such appropriation shall be made by the Town Meeting.

Section 3 Powers of Appointment

3-3-1The Board shall have the powers of appointment as provided in Chapter 5 of this Charter.

Section 4 Powers of Investigation

3-4-1The Select Board may make investigations and may authorize the Town Administrator or other agent to investigate the affairs of the Town and the conduct of any town department, office, or agency, including any doubtful claims against the Town. For this purpose the Board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the Town Administrator, and a report summarizing such investigation shall be printed in the next Annual Town Report.

Section 5 Administrative Reorganization

3-5-1Except as otherwise provided by General Law, any function assigned to a particular department, office, or agency may be assigned to another by vote of Town Meeting. Any article providing for such a re-organization shall be considered previously, and a recommendation issued thereon by the Select Board.

CHAPTER 4

OTHER ELECTED TOWN BOARDS

Section 1 General Provisions

4-1-1Beginning with the first town election held after the adoption of this Charter, the other town boards to be elected by vote of the town shall be: a School Committee, a Planning Board, a Board of Assessors, and a Board of Library Trustees.

4-1-2Boards and commissions established under this Charter shall perform their functions and duties in accordance with the Constitution, General Law, this Charter, or By-law.

4-1-3During the term for which they are elected, and for one year following expiration of their term, no member of any board or commission established under this Chapter shall be eligible to accept any appointed paid town position.

4-1-4Except as otherwise provided by this Chapter, members of boards and commissions established under this Chapter shall serve without compensation, but may receive actual and necessary expenses incurred in the performance of their duties, within limits of an appropriation made for that purpose.

Section 2 Vacancies

4-2-1Vacancies in the town boards established under this Chapter shall be filled by the Select Board together with the remaining members of the respective board, in accordance with the provisions of General Law.

Section 3 School Committee

4-3-1A School Committee of five members shall be elected for three year overlapping terms.

4-3-2At least two weeks prior to submitting a budget to the Town Administrator, the School Committee shall conduct a public hearing on the school budget. Said committee shall have preliminary summaries of its recommendations available at said hearing, which shall be distributed to those who request them.

Section 4 Planning Board

4-4-1A Planning Board of five members shall be elected for five year overlapping terms.

Section 5 Board of Assessors

4-5-1A Board of Assessors of three members shall be elected for three-year overlapping terms. Members shall receive such compensation as is appropriated by the Town Meeting.

Section 6 Library Trustees

4-6-1A Board of Library Trustees of five members shall be elected for three-year overlapping terms.

4-6-2The Board shall be responsible for the administration and operation of the Town Library, including staffing of professional library staff, acquisitions of books, journals, periodicals, and other materials relating to the library functions, and the promulgation of library rules and regulations.

CHAPTER 5

APPOINTMENTS BY THE SELECT BOARD

Section 1 Powers to Appoint Town Officers

The Select Board shall have the power to appoint:

(a)The following officers, each for a term of two years; a Town Counsel, a Town Administrator, and a Town Accountant.

(b)The following officers for indefinite terms: a Director of Finance and Administrative Services; a Director of Public Works; a Director of Zoning Enforcement and Inspection; a Police Chief and a Fire Chief; a Town Planner in accordance with the provisions of Chapter Eight; all division or department heads.

Section 2 Duties

5-2-1Officers appointed under this Chapter shall perform their duties in accordance with General Law, this Charter, and By-law.

Section 3 Power to Appoint Town Boards and Commissions

The Select Board shall have the power to appoint:

(a)five members of an eleven member Finance Committee;

(b)three members of a Zoning Board of Appeals for three year overlapping terms;

(c)three members of a Board of Health, at least one of whom shall be a Doctor of Medicine, licensed to practice medicine in The Commonwealth;

(d)three members of a Board of Registrars of Voters for three year overlapping terms;

(e)a Personnel Board, a Historical Commission, such boards to be composed of five members each, who shall be appointed for three year overlapping terms;

(f)members of ad hoc committees established by the Town Meeting provided the article establishing the committee shall designate the Select Board as the appointive authority;

(g)a Recreation Commission which shall consist of seven members, who shall be appointed for three year overlapping terms;

(h)a Conservation Commission which shall consist of seven members who shall be appointed for three year overlapping terms.

Section 4 Other Appointive Powers

5-4-1The Board shall have the power to appoint such individual town officers and members of boards and commissions as are authorized by General Law, this Charter, or By-law, and for whom appointment is not otherwise provided.

Section 5 The Power to Rescind Appointments

5-5-1The Select Board shall have the power to rescind, for cause, any appointment made by them to any board, commission, committee or individual office under authority of this Chapter, provided that the appointee shall first have been served with a written notice of the Board's intention, specifying the Board's reasons for the proposed removal, and informing the appointee of their right to be heard at a public hearing, if requested.

5-5-2Said power shall not apply to the Zoning Board of Appeals nor to any other quasi-judicial body, as determined by the Town Counsel.

5-5-3In addition to other reasons, excessive and unexcused absenteeism from board or commission meetings may constitute sufficient grounds for the removal from office of incumbents holding appointments under the Select Board.

Section 6 Qualifications of the Town Administrator

5-6-1The Town Administrator shall have executive and administrative qualifications and shall have education by training, experience or scholastic achievement to perform the duties of the office.

Section 7 Duties of the Town Administrator

5-7-1The Town Administrator shall be directly responsible to the Select Board for the performance of the Town Administrator’s duties, and shall be the principal full-time administrative officer of the Town.

5-7-2The Town Administrator shall attend all meetings of the Select Board except when excused and shall have the right to speak, but not to vote.

5-7-3The Town Administrator shall assemble and present to the Select Board the annual budget of the Town and shall also be responsible for the development and annual revision of the capital improvements program, in accordance with Chapter Seven of this Charter.

5-7-4The Town Administrator shall keep the Select Board fully informed regarding the departmental operations, fiscal affairs, problems, and administrative actions, and to this end, shall submit quarterly reports to the Select Board.

5-7-5The Town Administrator shall keep the Select Board fully informed on the long range needs of the town and shall provide the board with data to support suggested alternative courses of action.

5-7-6The Town Administrator shall be responsible for the day-to-day administration of personnel system and for purchasing for all Town functions and departments, excepting those of the School Department.

5-7-7The Town Administrator shall perform such other duties as may be required by this Charter, Bylaw, vote of the Town, or vote of the Select Board.

Section 8 Removal of the Town Administrator

5-8-1The Town Administrator may be removed in the course of the Town Administrator’s two year term, in accordance with the following procedures.

5-8-2The removal of the Town Administrator shall be by a resolution of the Select Board to this effect, provided that no such resolution shall be adopted within sixty days after any Town Election that shall have caused a change in the composition of the Board.

5-8-3The adoption of said resolution shall serve to suspend the Town Administrator for a period of not more than forty-five days, during which the Town Administrator’s salary shall continue to be paid. A copy of such resolution shall be delivered to the Town Administrator who shall have five days in which to request a public hearing. If a hearing shall be requested, the Board shall schedule it within two weeks, to be held in a public place. The Board shall advertise the hearing in a newspaper of local circulation and cite its purpose, location, time and date.

5-8-4The Moderator, or if the Moderator is unable to be present, such person as the Moderator shall designate, shall preside at such hearing.

5-8-5At any such hearing, the reasons for the removal shall first be read aloud. The Town Administrator shall then be allowed to respond, either personally or through counsel. The Select Board and the Town Administrator shall be allowed to call witnesses, and to subpoena any and all Town records.

5-8-6Final removal of any Town Administrator shall be effected by the affirmative vote of three members of the Select Board, at a public meeting of the Board held within seven days of such public hearing, if the Town Administrator shall have requested one. Or, if the Town Administrator shall not have requested one, final removal may be effected by the affirmative vote of three members of the Board held not sooner than fourteen days after the vote initiating the removal. The salary of the Town Administrator shall continue to be paid for a period of thirty days after the vote effecting the Town Administrator’s removal from office.

CHAPTER 6

ELECTIONS

Section 1 Town Elections

6-1-1The regular election for all Town offices shall be by official ballot held on the second Tuesday in April of each year.

6-1-2Any person duly elected to any office or board shall take up the duties of their office immediately, provided that they first shall have been sworn to the faithful performance of their duties.

6-1-3All general law provisions with regard to Town Elections shall apply, except as may herein be provided by this Charter.

Section 2 Elections to be Nonpartisan

6-2-1All elections of Town officers shall be nonpartisan, and election ballots for Town offices shall be printed without any party mark, emblem, vignette or designation whatsoever.

Section 3 Eligibility of Town Voters

6-3-1Any registered voter of the Town shall be eligible for election to any elective office or board of the Town.

Section 4 Recall of Elective Officers

6-4-1An 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 Director of Finance and Administrative services a petition containing the name and title of the elective officer whose removal is sought, together with a statement of the grounds for their removal. Said petition shall be filed with said Director and shall be signed in ink or indelible pencil by qualified voters of the Town equal in number to at least twenty per cent of the voters registered at the last regular municipal election, provided that no recall petition may be filed against any officer until they shall have held their office for at least six months. Said petition shall be accompanied by affidavits as to authenticity of signatures, signed and sworn to by each circulator.

6-4-2If, within five days after receipt of the petition the Director of the Division of Finance and Services shall determine the petition and affidavits to be a sufficient, a recall vote shall be taken within one hundred and ten days but no sooner than ninety days after such final determination, provided that no such vote shall be taken if the term of office of such elective official shall expire within one hundred and fifty days after such determination, or if such elective officer shall resign from such office before the taking of such vote. Said recall vote shall be called and conducted in the same manner as is provided by General Law for the call and conduct of a Special Election.

6-4-3The 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 at least thirty 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. If any elective officer shall be recalled, the vacancy created thereby shall be filled in accordance with the provisions of this Charter and of General Law.

6-4-4No person, having been recalled or having resigned from office while recall proceedings were pending against them, shall be appointed to any Town office within two years following said recall or resignation.

Section 5 Apportionment

6-5-1The Registrars of Voters and the Town Clerk shall divide the Town into voting precincts, which shall be compact, contiguous, and substantially equal in population.

CHAPTER 7

FINANCIAL PROVISIONS AND PROCEDURES

Section 1 Applicability of State Law

7-1-1In all matters concerning finances and financial procedures of the Town, the provisions of General Law shall apply, together with such other requirements as are provided by this Chapter.

Section 2 Fiscal Year

7-2-1Effective in 1972, the fiscal year of the Town shall begin on the first day of July and end on the last day of June, unless otherwise prescribed by General Law. 

Section 3 Annual Audit

7-3-1At least ninety days before the end of each fiscal year, the Select Board shall request the auditing agency of The Commonwealth to conduct an audit of all accounts, books, records, and financial transactions of every department, board, and commission of the Town government, including the School Department.

7-3-2If the Select Board has not been assured, at least thirty days before the end of the fiscal year, that the auditing agency of The Commonwealth will carry out the requested audit, then the Board may retain a certified public accountant or accounting firm to make said audit and to file its report within one hundred and twenty days after the end of the fiscal year.

7-3-3All auditors' reports shall be public records and shall be filed with the Director of the Division of Finance and Administrative services and the Public Library, and a summary thereof shall be published in the next Annual Town Report.

Section 4 Finance Committee

7-4-1A Finance Committee of eleven members shall be appointed for three year overlapping terms. Five shall be appointed by the Select Board, and six shall be appointed by the Moderator. Appointments shall be made annually, within ten days of the adjournment of the first session of the Town Meeting.

7-4-2Vacancies in the Committee shall be filled for the un-expired portion of the term by the appropriate appointing authority.

7-4-3The Moderator shall have the power to rescind, for cause, any appointment made by the Moderator to the Finance Committee, provided that the appointee shall first have been served with a written notice specifying the Moderator's intention, specifying the Moderator’s reasons therefore, and informing the appointee of their right to be heard at a public hearing, if requested.

Section 5 Submission of Budget and Budget Message

7-5-1At least one hundred and twenty days prior to the first session of the Annual Town Meeting, every department, board, commission, and committee shall prepare and submit to the Town Administrator operating budget estimates for the ensuing fiscal year.

7-5-2At least ninety days prior to the start of the first session of the Annual Town Meeting, the Town Administrator shall submit to the Select Board a proposed budget for the ensuing fiscal year and the draft of an accompanying budget message, unless otherwise provided for by General Law.

7-5-3At least sixty days prior to the start of the first session of the Annual Town Meeting, the Select Board shall submit the budget and a budget message for the ensuing year to the Finance Committee.

7-5-4The budget message shall explain the budget both in fiscal terms and in terms of work programs. It shall: (1) outline the proposed financial policies of the Town for the ensuing fiscal year; (2) describe the features of the budget; (3) indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes; (4) summarize the Town's debt position; and (5) include such other material as the Select Board shall deem desirable.

7-5-5The budget shall provide a complete financial plan for all Town funds and activities and shall be in such form as the Finance Committee may require, but it shall indicate proposed expenditures for both current operations and capital projects during the ensuing year, detailed by purpose, offices, departments, commissions, and committees.

Section 6 Capital Improvements Program

7-6-1At least one hundred and fifty days prior to the start of the first session of the Annual Town Meeting, every department, board, commission, and committee shall prepare and submit to the Town Administrator, five year capital improvement estimates.

7-6-2At least one hundred and twenty days prior to the start of the first session of the Annual Town Meeting, the Town Administrator shall assemble and submit to the Select Board a proposed capital improvements program for the ensuing five years.

7-6-3The capital improvements program shall include: (1) a clear summary of its contents; (2) a list of all capital improvements proposed to be undertaken during the next five fiscal years, together with supporting data; (3) cost estimates, methods of financing, and recommended time schedules; (4) the estimated annual cost of operating and maintaining the facility to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements pending or in the process of construction or acquisition.

7-6-4At least ninety days prior to the start of the first session of the Annual Town Meeting, the Select Board shall act on the capital improvements program and shall then submit it to the Finance Committee, which shall issue its recommendations as part of its printed recommendations on the annual budget.

Section 7 Action on Proposed Budgets

7-7-1The Finance Committee shall publish, in one or more newspapers of general circulation in the Town, a notice stating: (1) the times and places where copies of the operating budget and capital improvements program are available for inspection; and (2) the date, time, and place, not less than seven days after such publication, when the Finance Committee and the Select Board jointly shall conduct one or more public hearings on the proposed operating budget and the capital improvements program.

7-7-2The Committee shall have preliminary summaries of its recommendations available at said hearings which shall be distributed to those who request them.

7-7-3The finance committee shall then issue its recommendations in print on both the operating budget and the capital improvements program, and make copies available to the voters at least fourteen days prior to the first session of the Annual Town Meeting. In preparing its recommendations, the Finance Committee may require any Town department, board, or office to furnish it with appropriate financial reports and budgetary information.

7-7-4The Select Board shall be responsible for presenting both the operating budget and the capital improvements program to the first session of the Town Meeting.

Section 8 Budget Adoption

7-8-1The Town Meeting shall adopt both of the budgets with or without amendments, in the course of the first session of the Town Meeting.

Section 9 Public Records

7-9-1The budget and the capital improvements program shall be public records, and copies shall be kept available for inspection at the office of the Director of Finance and Administrative services, and at the Public Library.

Section 10 Collections and Disbursements

7-10-1All monies received by the Town or by any department or officer thereof, shall, upon their receipt by such department or officer, be paid forthwith into the Town treasury.

7-10-2Warrants for the payment of Town funds, prepared and signed by the Town Accountant in accordance with General Law procedures shall be submitted to the Select Board, and their approval thereof shall be sufficient authorization for payment by the Town Treasurer.

Section 11 Emergency Appropriations

7-11-1To meet a public emergency affecting life, health, property, or the public peace, the Select Board may make emergency appropriations, to the extent that there shall be available un-appropriated revenues to meet such appropriations.

Section 12 Insufficiency of Funds

7-12-1If at any time during the fiscal year it appears probable to the Town Administrator that the revenue available will be insufficient to meet the amount appropriated, the Town Administrator shall report to the Select Board without delay, indicating the estimated amount of the deficit and any remedial action taken by the Town Administrator and the Town Administrator’s recommendations as to any other steps to be taken. The Select Board shall then take such further action as it deems necessary.

Section 13 Lapse of Appropriations

7-13-1Every appropriation, except an appropriation made by a separate warrant article, shall lapse at the close of the fiscal year to the extent that it shall not have been expended or encumbered by contract. An appropriation made by a separate warrant article shall continue in force until the purpose for which it was made shall have been accomplished or abandoned if three years shall pass without any disbursement from or encumbrance by contract of the appropriation.

7-13-2Unless authorized to do so by the Finance Committee, no department, commission, office or agency head may expend more than one-twelfth of its annual operating budget appropriation in the final month of any fiscal year, unless previously encumbered by contract.

Section 14 Prohibitions

7-14-1In addition to the prohibitions prescribed by law, the submission of a bid by any compensated town officer or employee on any contract to be awarded by the Town shall serve to vacate their office, unless otherwise authorized by General Law.

CHAPTER 8

ENVIRONMENTAL MATTERS

Section 1 Powers and Duties of Planning Board

8-1-1The Planning Board established under Chapter Four shall make recommendations to the Select Board on all matters concerning the physical, economic, and environmental development of the Town, as prescribed by General Law, and this Charter.

8-1-2The Board shall be responsible for the development and periodic updating of a comprehensive plan, which shall be utilized as the basis of all planning activities, procedures, and recommendations in the Town.

8-1-3A copy of the comprehensive plan shall be kept available for inspection at the office of the Director of Finance and Administrative Services and at the Public Library.

Section 2 Planning Director

8-2-1The Select Board may appoint a Planning Director from a list of two or more eligible candidates prepared by the Planning Board. The Director shall be professionally qualified for the duties of this office by reason of education, training, and experience, and shall provide their services under the direction of the Planning Board.

Section 3 Authority

8-3-1The Select Board shall have the authority to condemn and compel to be removed, signs, billboards, shacks, and dilapidated buildings, wherever the same mar the beauty of the Town, provided that such action shall be undertaken in accordance with due process of law, and that such resolution shall have been recommended previously by the Planning Board, or by the Town's chief inspecting officer.

CHAPTER 9

ADMINISTRATION

Section 1 Divisions and Departments Established

9-1-1This Charter establishes the following divisions, each of which shall be under the supervision of a director: (a) a Division of Public Works; (b) a Division of Finance and Administrative Services; (c) a Division of Zoning Enforcement and Inspection; (d) a Department of Police; and (e) a Department of Fire.

9-1-2Each division and department head shall be appointed by, and ultimately responsible to the Select Board, and shall be under the general supervision of the Town Administrator.

Section 2 Division of Public Works

9-2-1The Division of Public Works shall be responsible for: (a) the design, construction, maintenance, repair, and cleaning of roads, sidewalks, storm drain sewers, bridges, and other public way related structures; (b) the maintenance, repair, and cleaning of all buildings owned or leased by the Town, except those of all cemeteries, parks, and recreational facilities, except those of the School Department; (d) snow removal; (e) providing for and supervising the collection and disposal of garbage and other refuse and the maintenance and operation of the facilities for the disposal of same; (f) the supervision, care, and replacement of trees; including those functions previously undertaken by the tree warden and the moth superintendent.

Section 3 Division of Finance and Administrative Services

9-3-1The Division of Finance and Administrative Services shall be responsible for the administration of the financial affairs of the Town, including the functions of collecting and disbursing, and such other functions as may be prescribed by General Law, this Charter, or through By-law.

9-3-2The functions assigned by law to the Tax Collector, Town Clerk, Treasurer, and Veterans' Agent shall be assigned to this division.

9-3-3The person appointed by the Select Board in accordance with the provisions of paragraph 5-1-1(b) as Director of Finance and Administrative Services may be appointed by the Select Board to any one or more of the positions named in paragraph 9-3-2 or the Select Board may appoint any one or more other persons to any one or more of said positions.

Section 4 Division of Zoning Enforcement and Inspection

9-4-1The Division of Zoning Enforcement and Inspection shall be responsible for all inspecting functions, including buildings, wire, plumbing, cesspools, gas, and those functions assigned by law to all inspectors and to the sealer of weights and measures.

Section 5 Personnel System

9-5-1All appointments and promotions of Town officers and employees shall be made on the basis of merit and fitness demonstrated by examination other evidence of competence.

9-5-2Personnel Rules. After consultation with the Personnel Board, the Select Board shall propose, and the Town Meeting shall adopt, personnel rules relating to all Town positions, except those of the School Department. Such rules shall provide for (a) the classification of all positions, based on the duties, responsibilities, and authority of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances; (b) a salary and pay plan for all positions; (c) methods of determining the merit and fitness of candidates for appointment and promotion; (d) policies and procedures regulating reduction in force and removal of employees; (e) hours of work, attendance regulations, and provisions for sick, vacation, military, and other leave; (f) policies and procedures governing persons holding provisional appointments; (g) policies and procedures governing relationships with employee organizations; (h) policies regarding in-service training programs; (i) grievance procedures, including procedures for the hearing of such grievances; and (j) such other practices and procedures as may be necessary for the administration of the personnel system.

SECTION 3. Section 10-4-1 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board. 

SECTION 4. Section 10-6-3 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:- that person’s. 

SECTION 5. Section 11-6-2 of said charter is hereby amended by striking out the words “Board of Selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- Select Board.

SECTION 6. This act shall take effect upon its passage.