FILED ON: 3/16/2022

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2778

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act providing for a gender neutral charter in the town of Middleborough.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The charter of the town of Middleborough, which is on file with 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 section 2 and inserting in place thereof the following section:-

Section 2. At each annual town election, the voters shall elect by official ballot, in place of any select board member whose term is about to expire, an equal number of select board members, each to serve for 3 years. Members of the select board shall serve until their successors are elected and have qualified. If, unless as the result of a recall election, any vacancy shall occur in the membership of the select board, the remaining members shall call a special town election to fill any such vacancy for the unexpired term, except that, if any such vacancy occurs less than 3 months prior to the annual town election and not less than 3 select board members remain in office, the vacancies shall remain unfilled until such annual election. Any vacancy resulting from a recall election shall be filled as hereinafter provided in this act.

SECTION 2. Section 3 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 3. Said section 3 of said charter is hereby further amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof in each instance, the following words:- select board.

SECTION 4. Said section 3 of said charter is hereby further amended by inserting after the first paragraph the following paragraph:-

The select board shall also act as sewer commissioners and as the rent board with all powers, rights, duties and liabilities conferred or imposed by law upon sewer commissioners and rent boards.

SECTION 5. Section 4 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 6. Section 5 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.

SECTION 7.  Said charter is hereby further amended by striking out section 6 and inserting in place thereof the following section:-

Section 6.  No bill or payroll contracted by the town manager or by any department under the supervision of the select board shall be paid by the town treasurer until such bill or payroll shall have been approved by the select board. The select board may designate 1 or more of its members to make such approval but providing such authority to make such approval shall not limit the responsibility of each member of the board. Whenever any payroll, bill or other claim against the town is presented to the town manager, town clerk, town treasurer and collector of taxes or trustees of the public library, if the payroll, bill or other claim seems to be of doubtful validity, excessive in amount or otherwise contrary to the interests of the town, the town manager, town clerk, town treasurer and collector of taxes or trustees of the public library shall refer it to the committee and the committee shall immediately investigate the fact and report its findings and recommendations to the select board and the select board shall determine what, if any, payment should be made. Pending such investigation and determination, payment shall be withheld.

SECTION 8.  Section 7 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:-

SELECT BOARD MAY EMPLOY EXPERTS.

SECTION 9. Said section 7 of said charter is hereby further amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 10. Section 9 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 11. Said charter is hereby further amended by striking out section 10 and inserting in place thereof the following section:-

Section 10.  The select board elected as provided in section 2 shall appoint a suitable qualified person to the office of town clerk. The existing elective office of town clerk shall be continued until the person appointed to the office of town clerk shall have qualified, at which time the elective office of town clerk shall terminate. The town clerk shall enjoy all the powers and rights and be subject to all the duties and liabilities now and hereinafter conferred or imposed by law upon town clerks. The town clerk shall hold office at the pleasure of the select board and shall be sworn to the faithful performance of the duties of the town clerk by the chair of the select board or by a justice of the peace. In case of death, resignation or removal from office of the town clerk, the select board shall forthwith appoint a suitably qualified person to fill the vacancy.

SECTION 12. Section 12 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 13. Section 13 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- select board.

SECTION 14. Said section 13 of said charter is hereby further amended by striking out the word “him” and inserting in place thereof the following words:- the town manager.

SECTION 15. Section 14 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 16.  Said section 14 of said charter is hereby further amended by striking out subsection (B) and inserting in place thereof the following subsection:-

(B) Full-time police officers whose appointments are subject to chapter 31 of the General Laws may be removed in accordance with said chapter 31, except that the tenure of office of the chief shall, after the chief has served 5 continuous years, continue during good behavior as long as the chief is able to perform duties of police chief and shall not be removed except after hearing by the select board on written charges, a copy of which shall be furnished to the chief prior to the hearing.

SECTION 17. Subsection (C) of said section 14 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the chief’s.

SECTION 18. Said section 14 of said charter is hereby further amended by striking out subsection (D) and inserting in place thereof the following subsection:-

(D) The police chief shall have all of the powers and duties required of the position pursuant to section 97 of chapter 41 of the General Laws. Police officers shall have all of the powers and duties required of the position by law and shall have all the powers and duties of constables except those of serving and executing civil process.

SECTION 19. Subsection (E) of said section 14 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- select board.

SECTION 20.  Section 15 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof the following words:-  select board.

SECTION 21. Said charter is hereby further amended by striking out section 16 and inserting in place thereof the following section:-

Section 16.  The chief of the fire department shall be appointed by the select board and shall receive such salary as the select board may from time to time determine, not exceeding the amount annually appropriated therefor. The chief may be removed for cause by the select board at any time after a hearing. The chief shall have charge of extinguishing fires in the town and the protection of life and property in case of fire. The chief shall purchase, subject to the approval of the select board, and keep in repair all property and apparatus used for and by the fire department. The chief shall have and exercise all the powers and rights and be subject to all the duties and liabilities conferred or imposed by law upon engineers in towns, except as herein provided, and shall appoint a deputy chief and such officers and firefighters as the chief deems necessary and may remove the same at any time for cause and after a hearing. The chief shall have full and absolute authority in the administration of the department, shall make all rules and regulations for its operation, shall report to the select board from time to time as it may require and shall annually report to the town the condition of the department with the chief’s recommendations thereon. The chief shall fix the compensation of the permanent and call members of the fire department, subject to the approval of the select board. In the expenditure of money, the chief shall be subject to such further limitations as the town may from time to time prescribe.

SECTION 22.  Section 17 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 23. Subsection (B) of said section 17 of said charter is hereby amended by striking out the word “him”, each time it appears, and inserting in place thereof, in each instance, the following words:- the town counsel.

SECTION 24. The second paragraph of said subsection (B) of said section 17 of said charter is hereby further amended by striking out the word “he”, each time it appears, and inserting in place thereof, in each instance, the following words:- the town counsel.

SECTION 25. Said subsection (B) of said section 17 of said charter is hereby further amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following words:- the town counsel’s.

SECTION 26. The third paragraph of said subsection (B) of section 17 of said charter is hereby amended by striking out the word “He” and inserting in place thereof the following words:- The town counsel.

SECTION 27. Said charter is hereby further amended by striking out section 18 and inserting in place thereof the following section:-

Section 18. The select board, elected as provided in section 2 shall appoint, as soon as practicable, a town manager who shall be the administrative head of all departments of the town government, the conduct of which is by the General Laws and by this act placed upon the select board, except as provided otherwise in this charter. The town manager shall be subject to the direction and supervision, and shall hold office at the will of, the select board and shall be a person specially fitted by education, training or experience to perform the duties of the office. The town manager shall be appointed without regard to political beliefs and may or may not, when appointed, be a resident of the town or the commonwealth. The town manager shall be responsible for the efficient administration of all departments within the scope of the town manager’s duties. Before entering upon the duties of the town manager’s office, the town manager shall be sworn to the faithful and impartial performance thereof by the chair of the select board, or by the town clerk, or by a justice of the peace. The town manager shall execute a bond in favor of the town for the faithful performance of the town manager duties in such sum and with such surety or sureties as may be fixed or approved by the select board.

SECTION 28. Section 19 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 29.  Said section 19 of said charter is hereby further amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:-  select board.

SECTION 30. Said section 19 of said charter is hereby further amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following words:- the town manager’s.

SECTION 31. Said section 19 of said charter is hereby further amended by striking out the word “he”, each time it appears, and inserting in place thereof, in each instance, the following words:- the town manager.

SECTION 32. Said section 19 of said charter is hereby further amended by striking out the word “him”, each time it appears, and inserting in place thereof, in each instance, the following words:- the town manager.

SECTION 33. Section 20 of said charter is hereby amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following words:- the town manager’s. 

SECTION 34. Section 21 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 35. Said section 21 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- the town manager’s.

SECTION 36. Said section 21 of said charter is hereby further amended by striking out the word “him” and inserting in place thereof the following words:- the town manager.

SECTION 37. Section 22 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 38. Section 24 of said charter is hereby amended by striking out the word “he” and inserting in place thereof the following words:- the town clerk.

SECTION 39. Section 25 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 40. Section 26 of said charter is hereby amended by striking out the words “to succeed himself” and inserting in place thereof the following words:- in the recall election.

SECTION 41. Said section 26 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following words:- the officer.

SECTION 42. Said section 26 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- the officer’s.

SECTION 43. Said charter is hereby further amended by striking out section 27 and inserting in place thereof the following section:-

Section 27.  The incumbent shall continue to perform the duties of the incumbent’s office until the recall election. If then re-elected, the incumbent shall continue in office for the remainder of the unexpired term subject to recall as before, except as provided in section 30. If not re-elected in the recall election, the incumbent shall be deemed removed upon the qualification of the incumbent’s successor and the successor shall then hold office for the remainder of the unexpired term. If the successor fails to qualify within 5 days after receiving notification of election, the incumbent shall thereupon be deemed removed and the office vacant.

SECTION 44. Section 29 of said charter is hereby amended by striking out the word “he” and inserting in place thereof the following words:- the officer.

SECTION 45. Section 30 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following words:- such person.

SECTION 46.  Section 31 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 47. Section 32 of said charter is hereby amended by striking out the word “Selectman” and inserting in place thereof the following words:- select board member.

SECTION 48. Said section 32 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- select board.

SECTION 49. Said section 32 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- such town manager’s,  member’s, trustee’s or other elected or appointed officer’s or employee’s.

SECTION 50. Section 33 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 51. Section 34 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- select board.

SECTION 52. Said section 34 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- their.

SECTION 53. Section 36 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.

SECTION 54. Notwithstanding any general or special law to the contrary, the executive body of the town of Middleborough, previously known as the board of selectmen, shall be known as the select board and shall have all of the powers and authority and shall be subject to all duties and requirements applicable to boards of selectmen under any general or special law.

SECTION 55. This act shall take effect upon its passage.