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Session Law

1997

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Chapter 133 AN ACT PROVIDING FOR A CHARTER FOR THE TOWN OF YARMOUTH.

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 following shall be the charter for the town of Yarmouth:-

TOWN OF YARMOUTH CHARTER.
CHAPTER 1.

Section 1-1 - Incorporation and Powers.

1-1-1 The inhabitants of the town of Yarmouth within the territorial limits established by law, shall continue to be a body corporate and politic under the name town of Yarmouth.

Section 1-2.

1-2-1 This instrument shall be known and may be cited as the town of Yarmouth home rule charter.

Section 1-3 - Division of Powers.

1-3-1 The legislative powers of the town shall be vested in a town meeting open to all voters. The administration of the fiscal, prudential, and municipal affairs of the town shall be vested in an executive branch headed by a board of selectmen.

Section 1-4 - Powers of the Town - Intent of the Voters.

1-4-1 It is the intent of the voters of the town of Yarmouth, through the adoption of the charter, to secure for the town of Yarmouth all of the powers possible under the constitution and the General Laws of the commonwealth, as fully and as completely as though each such power were specifically and individually enumerated herein.

Section 1-5 - Interpretation of Powers.

1-5-1 The powers of the town under the charter shall be construed liberally in favor of the town and the specific mention of any particular power is not intended to limit the general powers of the town as provided in section 1-4.

Section 1-6 - Intergovernmental Relations.

1-6-1 The town may enter into agreements with any other agency of municipal government, agency of the commonwealth, other states, or the United States government to perform jointly, by contract, or otherwise, any of its powers or functions and may participate in the financing thereof.

CHAPTER 2.
LEGISLATIVE BRANCH.

Section 2-1 - Open Town Meeting.

2-1-1 The legislative powers of the town shall be vested in a town meeting open to all voters. A quorum for conducting town business shall be set by by-law.

Section 2-2 - Presiding Officers.

2-2-1 A moderator, elected as provided in chapter three, shall preside and regulate the proceedings of each session of the town meeting.

Section 2-3 - Annual Town Meeting.

2-3-1 The annual town meeting shall be held on a date fixed by by-law and at such time and place as the board of selectmen shall designate.

Section 2-4 - Special Town Meetings.

2-4-1 Special town meetings may be held at the call of the board of selectmen at such times as it may deem appropriate and whenever a special town meeting is requested by voters in accordance with procedures established by section 2-7.

Section 2-5 - Warrants.

Every town meeting shall be called by a warrant issued by the board of selectmen which shall state the time and place at which the town meeting is to convene, and by separate articles, the subjects which are to be acted upon. Publication and distribution of warrants for town meeting shall be in accordance with by-law of the town governing such matters.

Section 2-6 - Articles Having Fiscal Implications.

2-6-1 All proposed operating expenses shall be included in a single article in the annual town meeting warrant. All proposed capital improvement expenditures shall also be included in another, single article in the annual town meeting warrant.

2-6-2 The board of selectmen and the finance committee shall review and comment on all articles calling for the appropriation of funds that are to be considered at any annual or special town meeting.

Section 2-7 - Initiative.

2-7-1 By written petition to the board of selectmen, ten voters may secure the inclusion of an article in the warrant for the annual town meeting, provided that such petition shall be submitted in accordance with by-law governing town meeting warrants.

2-7-2 By written petition to the board of selectmen, any 100 voters may secure the inclusion of an article for the warrant of any special town meeting, provided that such petition shall be submitted in accordance with by-law governing town meeting warrants.

Section 2-8 - Town Meeting.

2-8-1 Town officers, members of boards and commissions, department heads, or their duly designated representatives, shall attend town meeting for the purpose of furnishing information when proposals affecting their particular office, board, commission, or department are included in the warrant.

2-8-2 The town clerk shall prepare, in consultation with the moderator, rules of parliamentary procedure in simplified form, which shall be made available for distribution to all those requesting them, to new voters at time of registration, and to those in attendance at town meetings.

2-8-3 No person shall speak twice on the same question until all those wishing to speak thereon have done so, nor shall any person speak for more than five minutes at one time, except by permission of the town meeting; provided, however, that the restrictions shall apply neither to those persons required to be in attendance under provision of section 2-8-1, nor those persons making the original motion under any article.

2-8-4 The board of selectmen shall, by recorded vote in the warrant, indicate its recommendations on all articles.

2-8-5 No article at an annual or special town meeting can be reconsidered before one additional article has been acted upon or 15 minutes has passed, whichever is later. This provision shall not apply to the last article in any warrant.

2-8-6 No motion, the effect of which would be to dissolve the town meeting, shall be in order until every article in the warrant has been duly considered and acted upon. This requirement shall not preclude the postponement or consideration of any motion to adjourn the meeting to a stated time and place.

2-8-7 All special committees created by any town meeting shall make a report in accordance with the schedule set by the town meeting action which created the committee. Written copies of such reports shall be submitted to the town clerk, town administrator, and the board of selectmen and shall be published in full or in summary form in the next annual town report.

CHAPTER 3.

Section 3-1 - The Board of Selectmen and Other Elected Officers.

3-1-1 A board of five selectmen shall be elected at-large for three year overlapping terms.

3-1-2 No selectmen may hold any other elected or appointed town office.

3-1-3 Vacancies in the office of selectmen shall be filled by special election within 90 days, in accordance with the provisions of the General Laws.

3-1-4 The board of selectmen shall hold at least two regularly scheduled meetings per month.

Section 3-2 - Policy Leadership.

3-2-1 The board of selectmen shall serve as the chief executive goal setting and policy making agency of the town, and as such shall appoint an administrator to carry out day to day policies.

Section 3-3 - Executive Powers.

3-3-1 Except as otherwise provided by this charter, all executive powers of the town shall be vested in the board of selectmen and it shall have all the powers and duties given to boards of selectmen under the constitution and General Laws, and such additional powers and duties as may be authorized by this charter, by-law, or town meeting vote.

3-3-2 The board of selectmen shall be a licensing board for the town and shall have the power to issue licenses as authorized by law, to make all necessary rules and regulations regarding the issuance of such licenses and to attach conditions and to impose restrictions on any such licenses as it deems to be in the public interest, and to enforce all laws, rules, regulations, and restrictions relating to all such businesses for which it issues licenses.

3-3-3 Members of the board of selectmen shall possess no individual authority unless such authority shall have previously been granted by a vote of the said board of selectmen.

3-3-4 The board of selectmen shall cause the charter, by-laws, and rules and regulations for the government of the town to be enforced and shall cause an up-to-date record of all of its official acts to be kept.

Section 3-4 - Appointments.

3-4-1 The board of selectmen shall appoint a town administrator by affirmative vote of at least two-thirds of the members of the board of selectmen.

3-4-2 The town administrator shall submit the names of not less than three candidates to the board of selectmen for department head final interviews and subsequent appointments. The group of department heads shall include those who are compensated on a salary rather than an hourly basis. The town administrator shall appoint all other compensated town personnel.

3-4-3 The board of selectmen shall appoint town counsel by affirmative vote of at least two-thirds of the members of the board of selectmen.

3-4-4 The board shall appoint such other town officers and members of multi-member bodies, for which no other provision is made in this charter.

3-4-5 The board of selectmen shall appoint the board of registrars of voters and election officials.

3-4-6 All appointed boards, committees and commissions shall be responsible to the board of selectmen for policy matters and responsible to the town administrator for all administrative items.

3-4-7 The finance committee members shall be appointed by the chairman of the board of selectmen, the chairman of the finance committee, and the town moderator, as provided for in the town by-law 47-4. All other functions and responsibilities of the finance committee shall be as outlined in section 47-4 of the town of Yarmouth code.

Section 3-5 - Administration.

3-5-1 The responsibility for the administration of the town affairs shall be vested in the town administrator who shall be the chief administrator of the town.

Section 3-6 - Prohibitions.

3-6-1 No member of the board of selectmen shall serve on any appointed town board established by this charter or by by-law, for which the board of selectmen is the appointing authority, except by an affirmative vote of two-thirds of the members of the board of selectmen.

Section 3-7 - Powers in Intergovernmental Relations.

3-7-1 Members of the board of selectmen will represent the town on regional or intermunicipal committees, or may designate a town employee or other person to represent the town.

Section 3-8 - Other Officers and Town Boards.

3-8-1 There shall be a town moderator elected for a term of three years at an annual town election.

3-8-2 The town moderator shall be the presiding officer of town meetings as provided in section 2-2 of chapter 2, shall regulate its proceedings and shall perform such other duties as may be provided by General Laws, this charter, by-laws, or vote of town meeting. He shall appoint members to special committees as designated by town meeting vote.

3-8-3 There shall be a town clerk appointed by the board of selectmen.

3-8-4 The town clerk shall be the keeper of the vital statistics for the town, the custodian of the town seal, and all town official records, shall administer the oath of office to all town officers, elected and appointed, shall issue permits and licenses required by law, shall supervise and manage the conduct of elections, shall serve as clerk of town meeting, and shall have all other powers and duties which are given to town clerks by General Laws, this charter, by-law, or town meeting vote, consistent with the provisions of this charter.

Section 3-9 - Codification of By-laws and Regulations.

3-9-1 The board of selectmen shall cause a compilation of by-laws and regulations to be made within 12 months of the adoption of this charter, and cause the compilation to be updated at least every five years.

Section 3-10 - Charter Revisions.

3-10-1 At least once every ten years, a special committee shall be appointed by the town moderator, for the purpose of reviewing the provisions of the charter and to make a report, with recommendations to the town meeting, concerning any proposed amendments or revision which said committee may deem to be necessary or desirable.

CHAPTER 4.

Section 4-1 - Town Administrator; Job Description and Duties.

4-1-1 The board of selectmen, by an affirmative vote of at least two-thirds of the members, shall appoint a town administrator to serve a term of not less than three years and shall fix the salary for such a person and have a contract with such person as provided by section 108N of chapter 41 of the General Laws. The town administrator shall not have served in an elective office in the town government for at least 12 months prior to the appointment.

Section 4-2 - Qualification.

4-2-1 The town administrator shall be appointed on the basis of education, experience, executive and administrative qualifications. The professional qualifications shall be established by the board of selectmen and may be revised if necessary.

Section 4-3 - Powers and Duties.

4-3-1 The town administrator shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities, and departments placed by General Laws or by-laws under the control of the board of selectmen and the town administrator. The administrator shall implement the goals and carry out the policies of the board of selectmen.

4-3-2 The administrator shall devote full time to the duties of the office and shall not hold any other public office, elective or appointive, nor be engaged in any other business, occupation or profession while serving in such office unless such action is approved, in advance and in writing, by the board of selectmen.

4-3-3 The powers and duties of the town administrator shall include but are not limited to the following:

A. Attendance at all meetings of the board of selectmen, unless excused at the town administrator's request, and the right to speak but not to vote at all such meetings.

B. Keep the board of selectmen fully informed as to the needs of the town, and to recommend to the selectmen, for adoption by it, such measures requiring action by it or by the town as the town administrator deems necessary or expedient.

C. Inform the selectmen on all departmental operations, fiscal affairs, general problems, and administrative action, and to this end submit periodic reports.

D. Keep the selectmen fully informed of the availability of all sources of outside funding, both public and private, including inter-governmental grants, so-called in lieu of payments, gifts, grants, contributions, and otherwise, giving special consideration as to how any such funding source might relate to the short and long-range needs of the town.

E. Prepare and present to the board of selectmen, a draft annual budget for the town, and a proposed capital outlay program.

F. Administer during the fiscal year the annual operating budget and capital outlay appropriations as voted by the town to assure all such funds are expended or committed in accordance with General Laws, by-laws, and the town meeting votes relating thereto. The town administrator, with the approval of the selectmen and the finance committee, shall have the authority to transfer funds within the budget as long as the total budget is not increased.

G. Act as the chief procurement officer for the town.

H. Develop, keep and update annually a full and complete inventory of all real and personal property of the town.

I. Possess the right to attend and speak at any regular meeting of any town multi-member body.

J. Negotiate collective bargaining contracts on behalf of the board of selectmen, unless the town administrator, with the approval of the board of selectmen, has designated another negotiator or negotiating team. All such contracts shall be subject to the approval of the board of selectmen.

K. Coordinate the activities of all town agencies serving under the office of the town administrator and the office of the board of selectmen with those under the control of other officers and multi-member bodies elected directly by the voters. For this purpose, the town administrator shall have authority to require the persons so elected, or their representatives, to meet with the town administrator, at reasonable times, for the purpose of effecting coordination and cooperation among all agencies of the town.

L. Attend all sessions of all town meetings and answer all questions directed to the town administrator which relate to that office.

M. Perform such duties as assigned by by-law or vote of the board of selectmen.

Section 4-4 - Powers of Appointment.

4-4-1 Department heads may employ, terminate, and discipline employees under their departmental jurisdiction, with the approval of the town administrator.

4-4-2 All appointments made or approved by the town administrator shall become effective no later than the fifteenth day following the day on which notice of the proposed appointment is filed with the board of selectmen, unless two-thirds of the members of the board of selectmen shall vote to reject such an appointment within such period.

4-4-3 The town administrator shall have the authority to appoint special single purpose committees after notifying the board of selectmen.

Section 4-5 - Personnel Administration.

4-5-1 The town administrator shall administer and enforce collective bargaining agreements, personnel policies and practices, rules and regulations and personnel regulations adopted by the board of selectmen.

4-5-2 The town administrator shall in conjunction with the personnel board, prepare, maintain, and keep current a plan establishing the personnel staffing requirements for each town agency, except those under the jurisdiction of the school committee.

4-5-3 The creation of any new full time compensated position shall require approval by the selectmen, and such action shall not be effective until the position has been funded by town meeting vote.

Section 4-6 - Administrative Reorganization.

4-6-1 The town administrator may recommend to the board of selectmen and implement, with the selectmen's approval, reorganization of any department or position placed by this charter under the town administrator's direction or supervision, except as otherwise provided by General Laws, by-laws, or this charter.

Section 4-7 - Evaluation.

4-7-1 At least three selectmen shall annually evaluate the performance of the town administrator. The selectmen shall adopt a written set of procedures and criteria which shall form the basis for the evaluation.

4-7-2 The board of selectmen shall provide a copy of the evaluation to the town administrator and a copy shall be kept on file in the office of the board of selectmen for examination by the public.

Section 4-8 - Removal.

4-8-1 The board of selectmen, by the affirmative vote of at least two-thirds of the members, may initiate the removal of the town administrator by adopting a resolution to that effect. Said resolution shall state the reason therefor, provided that no such resolution shall be adopted within 60 days following any town election. Any such resolution shall be adopted only at a regularly scheduled public meeting and in open session.

4-8-2 The adoption of said resolution shall serve to suspend the town administrator for not more than 45 days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered in hand, forthwith to the town administrator or sent by registered mail, return receipt requested to the administrator's last known address.

4-8-3 Within five days following receipt of such resolution, the town administrator may file a written request for a public hearing with the board of selectmen. Upon receipt of such request, the board of selectmen shall schedule a public hearing within two weeks. At least seven days prior to the public hearing, the board shall advertise the hearing in a local newspaper and shall cause identical notices stating the purpose, location, time, and date to be posted in the town hall and in every post office in town.

4-8-4 The town moderator shall preside at any such hearing.

4-8-5 At any such hearing the reasons for the removal shall first be read aloud. The town administrator shall then have the right to respond, personally, or through counsel. The board of selectmen and the town administrator shall have the power to compel testimony and to subpoena any town records.

4-8-6 Final removal of any town administrator shall be effected by the affirmative vote of at least two-thirds of the members of the board of selectmen at a public meeting, the time and place of which are announced, held within seven days of such hearing, if any. If no hearing has been requested, final removal may be effected by affirmative vote of at least two-thirds of the members of the board of selectmen, at a meeting of the board of selectmen held not earlier than 14 days after the resolution initiating removal is adopted. The salary of the town administrator shall be paid for a period of 60 days after the vote effecting removal from the office or in accordance with the termination clause in the town administrator's contract.

4-8-7 The town administrator shall provide the board of selectmen with at least 90 days notice of the town administrator's intent to resign. The board of selectmen may shorten or waive this requirement.

Section 4-9 - Filling Vacancy.

4-9-1 When a vacancy arises in the office of the town administrator, the board of selectmen shall advertise the vacancy as soon as practical in local and regional publications. The board of selectmen shall fill the vacancy as quickly as possible, but in any case, within six months.

Section 4-10 - Acting Town Administrator.

4-10-1 During a vacancy caused by prolonged illness, suspension, removal, resignation or death of the town administrator, the board of selectmen shall designate, within ten days of the vacancy, a town employee or other qualified person to exercise the powers and perform the duties of the town administrator. This designation shall be for a period not to exceed 90 days, and may be renewed in the case of suspension, removal, resignation, or death only once for an additional period not to exceed 90 days.

4-10-2 The town administrator shall, subject to the approval of the board of selectmen, and by letter filed with the board of selectmen and the town clerk, designate a qualified town officer or employee to exercise the powers and perform the duties of the town administrator during a temporary absence.

CHAPTER 5.
TOWN BOARDS, COMMITTEES AND COMMISSIONS.

Section 5-1 - Powers.

5-1-1 Multi-member bodies shall possess and exercise all powers given to them under the constitution and the General Laws, and shall have and exercise such additional powers and duties as shall be granted and delegated by this charter, by-law, or vote of the town meeting. Such committees or boards shall report to the board of selectmen for policy matters and report to the town administrator for administrative matters.

Section 5-2 - Organizations and Procedures.

5-2-1 All multi-member bodies shall:

(a) organize annually;

(b) elect a chairperson and other necessary officers;

(c) publish a quorum requirement for their meetings in accordance with General Laws;

(d) adopt rules of procedure and voting;

(e) maintain minutes and all other records of proceedings, copies of which shall be a public record and filed monthly with the town clerk; and

(f) annually submit a report for inclusion in the annual town report.

5-2-2 To maximize communication and cooperation between the board of selectmen and the elected and appointed town boards. All multi-member bodies shall meet with the board of selectmen at least annually.

5-2-3 All multi-member bodies, elected and appointed, shall conduct their meetings in accordance with the open meeting provisions of the General Laws.

5-2-4 Except as provided in this charter nothing shall be deemed to prevent or prohibit a compensated town employee from serving on a multi-member body, provided that such body shall have no administrative responsibility over any such employee, subject only to chapter 268A of the General Laws.

5-2-5 Any person duly appointed to any office or multi-member body shall take up the duties of the office immediately; provided that such person first shall have been sworn to the faithful performance of those duties by the town clerk.

5-2-6 The absence, without appropriate explanation, of a member from four consecutive meetings of any appointed multi-member body shall serve to vacate the office. The legitimacy of the explanation provided by the absent member shall be determined by majority vote of the multi-member board. When such a vacancy occurs, the chairperson shall advise the appointive authority forthwith, who shall fill the vacancy in a timely fashion within 90 days in accordance with the General Laws and this charter.

Section 5-3 - Compensation.

5-3-1 Members of appointed multi-member boards may receive such compensation as may be authorized by the town meeting. During the term for which a member is appointed and for one year following expiration of such term, no member of any appointed board under this charter shall be eligible to accept any additional paid position under any such multi-member board.

Section 5-4 - Change in Composition of Appointed Multi-Member Bodies.

5-4-1 The town meeting may, by by-law, enlarge or decrease the number of persons to serve as members of multi-member boards established under this chapter; provided, however, that all such boards shall always consist of an uneven number of members and no fewer than three.

CHAPTER 6.
FINANCIAL PROVISIONS AND PROCEDURES.

Section 6-1 - Submission of Budget and Budget Message.

6-1-1 Annually, prior to the first day of October, the town administrator shall establish and issue a budget schedule which shall set forth the calendar dates relating to the development of the annual operating budget for the ensuing fiscal year.

6-1-2 The schedule shall be in accordance with this charter unless deviation therefrom is recommended by the town administrator and approved by the board of selectmen and the finance committee.

6-1-3 Annually, prior to the first day of October, the town administrator shall request and receive from the town treasurer/collector, the town accountant, the board of selectmen, and the board of assessors the estimated revenue for the ensuing fiscal year. Upon receipt of any additional specific fiscal data provided by the commonwealth or any other source, the above officials shall revise, update, and submit the data forthwith to the town administrator.

6-1-4 Annually, prior to the first day of November, the board of selectmen, after consulting with the town administrator, shall issue a policy statement that shall establish the general guidelines for the next town budget.

6-1-5 All department heads and all multi-member bodies shall submit their budget requests to the town administrator at least 150 days before the date of the annual town meeting.

6-1-6 At least 120 days prior to the scheduled date of the annual town meeting, the town administrator shall submit to the board of selectmen and the finance committee a comprehensive draft budget for all town functions for the ensuing fiscal year and an accompanying draft budget message.

6-1-7 The draft budget message shall explain the draft budget both in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall:

(a) outline the proposed financial policies of the town for the ensuing fiscal year;

(b) describe the important features of the budget;

(c) indicate any major changes from the current fiscal year in financial policies, expenditures, and revenues, together with the reasons for such changes;

(d) summarize the town debt positions; and

(e) include such other material as the town administrator may deem appropriate.

6-1-8 The draft budget shall provide a complete financial plan for all town funds and activities and shall be in such form as the town administrator, in consultation with the finance committee, may establish. The draft budget shall indicate proposed expenditures for current operations and for capital projects during the ensuing fiscal year, detailed by each town agency and by specific purposes and projects.

Section 6-2 - Action on Proposed Budget.

6-2-1 The finance committee shall, within 60 days following the submission of the draft budget by the town administrator, recommend a proposed budget, with or without amendments, and shall submit it to the board of selectmen. In preparing its review, the committee may require the town administrator, any town department, office, board, commission, or committee to appear or to furnish it with appropriate additional financial reports and budgetary information. The board of selectmen shall also transmit the budget request of the school committee, with its recommendations thereon to the finance committee.

6-2-2 The finance committee shall conduct at least one public hearing on the proposed budget, prior to town meeting, including the school budget, and shall issue printed recommendations and detailed explanations of all financial articles in an annual finance committee report, which shall be published in a local newspaper at least ten days prior to the scheduled date of the annual town meeting.

Section 6-3 - Budget Adoption.

6-3-1 The town meeting shall adopt the annual operating budget, with or without amendments prior to the beginning of the fiscal year.

Section 6-4 - Capital Improvements Plan.

6-4-1 The town administrator shall prepare a five year capital improvements plan which shall be designed to deal with unmet long-range needs, and to implement the goals and objectives of the official town plan.

6-4-2 The capital improvements plan shall include all town activities and departments.

6-4-3 The capital improvements plan shall include:

(a) a clear summary of its contents;

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

(c) cost estimates, methods of financing, and recommended time schedules; and

(d) the estimated annual cost of operating and maintaining the facilities or equipment to be constructed or acquired. The above information may be revised and shall be extended each year with regard to capital improvements pending or in the process of construction or acquisition.

6-4-4 The town administrator shall submit the capital improvements plan to the board of selectmen at least 150 days prior to the date of the annual town meeting. The board of selectmen shall act thereon within 30 days and shall then submit it to the finance committee which shall issue its recommendations as part of the annual finance committee report.

Section 6-5 - Notice of Public Hearing on Capital Improvements Plan.

6-5-1 The board of selectmen shall publish, in one or more local newspapers, the general summary of the capital improvements plan and a notice stating:

(a) the times and places where copies of the capital improvements plan are available for inspection; and

(b) the date, time and place when the board of selectmen and the finance committee shall conduct a joint public hearing on said plan.

Section 6-6 - Capital Budget Committee.

6-6-1 A committee of seven voters shall be appointed by the finance committee to be known as the capital budget committee, in accordance with Article 16 of the annual town meeting held on April 7, 1981.

6-6-2 The requirements of clause 6-6-1 may be waived by a four-fifths vote of the annual meeting.

Section 6-7 - Annual Audit.

6-7-1 Prior to the end of each fiscal year, the board of selectmen and the town administrator shall retain a certified public accountant or qualified accounting firm to conduct an independent annual audit.

CHAPTER 7.
ELECTIONS.

Section 7-1 - Town Elections.

7-1-1 The regular election for all town offices shall be by official ballot held on the date established by by-law.

Section 7-2 - Town Elections to be Nonpartisan.

7-2-1 All town elections shall be nonpartisan and election ballots shall be printed without any party mark or designation.

Section 7-3 - Eligibility of Voters.

7-3-1 Any voter shall be eligible for election to any elective office or multi-member body of the town; provided, however, that no person shall hold, concurrently, more than one paid executive or town office.

Section 7-4 - Time of Taking Office.

7-4-1 Any person duly elected to any office or multi-member body shall forthwith be sworn and assume the duties of the office.

Section 7-5 - Recall Election.

7-5-1 Any recall election shall be conducted under the provisions of chapter 344 of the acts of 1989.

CHAPTER 8.
EXISTING LAWS.

Section 8-1 - Continuation of Existing Laws.

8-1-1 Except as specifically provided in this charter, all general and special laws, by-laws, votes, rules and regulations of or pertaining to the town of Yarmouth which are not inconsistent with the provision of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation.

Section 8-2 - Continuation of Boards, Committees and Agencies.

8-2-1 Except as specifically provided in the charter, all committees, boards, commissions, councils, departments, offices, and other agencies of the town shall continue in existence and their incumbents shall continue to perform their duties until not reappointed, reelected or elected or their duties have been transferred.

Section 8-3 - Continuation of Personnel.

8-3-1 Any person serving in the employment of the town shall remain in such position 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 said duties by another person or agency; provided, however, that no person in the permanent, full time and part time service of the town shall forfeit pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do and shall be eligible for appointment to a position at a higher pay grade.

Section 8-4 - Transfer of Records and Property.

8-4-1 If a power or duty is reassigned as the result of the provisions of this charter, the records, property, and equipment necessary to fulfill said power or duty shall likewise be reassigned to the newly responsible office or agency.

8-4-2 Said transfer shall be carried out under the direction of the town administrator.

Section 8-5 - Amending Charter.

8-5-1 This charter may be revised, amended, or replaced in accordance with the procedures made available by Article 89 and Article 113 of the Amendments to the Constitution of the Commonwealth and any legislation enacted to implement said amendments.

Section 8-6 - Definitions.

8-6-1 Unless another meaning is clearly apparent, from the manner in which the word is used, the following words, as used in this charter shall have the following meanings:

"Appoint", to select to fill an office or to employ in the service of the town.

"Certification", that a person has been declared elected and sworn to the faithful performance of duty by the town clerk.

"Charter", this charter and any amendments to it made through any of the methods provided under Articles 89 and 113 of the Amendments to the Constitution of the Commonwealth.

"General Laws", the Massachusetts General Laws.

"Local newspaper", a newspaper of general circulation in the town.

"Majority vote", a majority of those present and voting; provided, however, that a quorum of the body is present.

"Multi-member body", any board, commission, or committee of the town consisting of two or more persons, whether appointed or elected.

"Town", the town of Yarmouth.

"Town agency", any office, department, board, committee, or commission of the town government.

"Two-thirds", used to specify required numbers of the votes shall be understood to be rounded up to the next integer.

"Voters", the registered voters of the town of Yarmouth.

"Words", importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and except where the context requires, wherever words are used in one gender, they shall be construed to include the other gender and the neuter.

SECTION 2. This act shall take effect on January 1, 1998.

Approved October 30, 1997.

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