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  • Acts
  • 2000
  • Chapter 119 AN ACT RELATIVE TO THE CHARTER OF THE TOWN OF TRURO.

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. Subsection 1-4-4 of section 4 of chapter 1 of the charter of the town of Truro, which is on file in the office of the archivist of the commonwealth under the provisions of section 12 of chapter 43B of the General Laws, is hereby amended by adding the following sentence:- If any provision of this charter is not enforced in any instance for whatever reason, it shall not be construed as a reason for nor a precedent set to avoid or prevent subsequent enforcement of such provision.

SECTION 2. Section 1 of chapter 2 of said charter is hereby amended by striking out subsections 2-1-3 and 2-1-4 and inserting in place thereof the following two subsections:-

2-1-3 A special town meeting shall be held at the call of the board of selectmen; or, upon petition on an approved form signed by 200 of the registered voters of the town, the board of selectmen shall call a special town meeting to be held within 45 days.

2-1-4 A quorum for town meeting shall be 100 registered voters as listed at the close of the registration period for town meeting. If a quorum is not reached, the moderator shall adjourn the meeting to a stated date, time, and place which shall be within seven days.

SECTION 3. Subsection 2-2-4 of section 2 of said chapter 2 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The moderator shall appoint a finance committee in accordance with the provisions of chapter 6.

SECTION 4. Said section 2 of said chapter 2 is hereby further amended by striking out subsection 2-2-5.

SECTION 5. Said chapter 2 is hereby further amended by striking out section 3 and inserting in place thereof the following section:-

Section 3 - The Warrant

2-3-1 The warrant for the town meeting shall be prepared by the board of selectmen and shall incorporate the appropriate recommendations in accordance with sections 2-3-7 and 2-3-9 of this charter.

2-3-2 The warrant for annual town meeting shall include all articles submitted by duly elected and appointed multi-member bodies; the warrant for a special town meeting may include such articles. All town meeting articles petitioned by registered voters shall be submitted in accordance with sections 2-3-3 and 2-3-4 of this charter.

2-3-3 A petition on an approved form and signed by ten registered voters of the town shall secure inclusion of an article in the warrant of the annual town meeting. A petition on an approved form and signed by 100 registered voters of the town shall secure inclusion of an article in the warrant of a special town meeting. Sufficient guidance shall be provided by the board of selectmen to the petitioners to ensure that the petitioned article is in the proper form to secure inclusion in the warrant.

2-3-4 The warrant shall be opened for submission of articles 90 days before the date of the annual town meeting and shall remain open for 30 days. The warrant for a special town meeting shall be opened and closed as determined by the board of selectmen, except the period between opening and closing the warrant shall not be less than seven days.

2-3-5 The board of selectmen shall ensure that the warrant is posted and sufficient copies are available at least 14 days before the date of a town meeting. Posting shall be made by the constable in town hall, the United States post offices, and two other public places in Truro and two other public places in North Truro. The warrant shall be made available to the voters at town hall, the Central school, the public library, the transfer station and any other locations deemed appropriate by the board of selectmen.

2-3-6 In the annual town meeting warrant, the proposed operating budget shall be presented in a single article placed before any other article involving the appropriation, transfer or borrowing of funds. This article shall be followed directly by an article, or series of articles, involving proposed capital expenditures and related matters. These articles shall be followed immediately by any other articles involving the appropriation, transfer or borrowing of funds. In a special town meeting warrant the board of selectmen shall determine the order of all articles.

2-3-7 The finance committee shall state in the warrant or at town meeting its recommendation and recorded vote for any article calling for the appropriation, transfer, or borrowing of funds before it shall be acted upon by the town meeting. Any article not receiving a recommendation as required by this provision may only be considered and acted upon with the approval, by two-thirds vote, of the town meeting, unless otherwise provided by the General Laws. The recommendation required by this section shall be made in accordance with section 7-1-5 of this charter.

2-3-8 Any article sponsored by a multi-member body shall state in the warrant the sponsor's recommendation and recorded vote before it shall be acted upon by the town meeting. Any article not receiving a recommendation as required by this provision may only be considered and acted upon only with the approval, by two-thirds vote, of the town meeting, unless otherwise provided by the General Laws.

SECTION 5A. Subsection 3-2-1 of section 2 of chapter 3 of said charter is hereby amended by striking out, in line 2, the word "third" and inserting in place thereof the following word:- second.

SECTION 5B. Said section 2 of said chapter 3 is hereby further amended by striking out "subsection 3-2-3" and inserting in place thereof the following subsection:-

3-2-3 Only registered voters of the town shall be eligible for any elected office or elected multi-member body of the town.

SECTION 6. Subsection 4-2-2 of section 2 of chapter 4 of said charter is hereby amended by striking out the second sentence and inserting in place thereof the following two sentences:- The board shall cause a current reference copy to be available to the public in the office of the town clerk. A file containing the board of selectmen's current policies and goals shall be readily available at town hall for public reference.

SECTION 7. Said section 2 of said chapter 4 is hereby further amended by striking out subsection 4-2-4 and inserting in place thereof the following subsection:-

4-2-4 The board of selectmen shall cause to be compiled and published an annual town report for each calendar year; such report shall be available at least 14 days before the next annual town meeting; it shall include reports from all elected and appointed town officials, department heads and multi-member bodies. The moderator shall be excepted from submitting a report.

SECTION 8. Subsection 4-2-6 of said section 2 of said chapter 4 is hereby further amended by striking out, in lines 1 and 2, the words "except for properties of the town's board of library trustees" and inserting in place thereof the following words:- unless otherwise provided by the General Laws.

SECTION 9. Subsection 4-2-7 of said section 2 of said chapter 4 is hereby amended by adding the following sentence:- The exception is where contracts are funded within the school budget, such contracts shall be signed by the superintendent of schools or the school committee, whichever is appropriate in accordance with the General Laws.

SECTION 10. Subsection 4-2-9 of said section 2 of said chapter 4 is hereby amended by inserting after the words "issues licenses", in the last line, the following words:- , with the exception of public health licenses issued by the board of health or unless otherwise provided by the General Laws.

SECTION 11. Subsection 4-2-10 of said section 2 of said chapter 4 is hereby amended by inserting after the word "town", in line 1, the following words:- unless otherwise provided by the General Laws.

SECTION 12. Said section 2 of said chapter 4 is hereby further amended by striking out subsection 4-2-11 and inserting in place thereof the following subsection:-

4-2-11 The board of selectmen shall annually, during the month of June, hold a meeting for the purpose of stating the board's goals for the coming fiscal year. The board will revisit its goals for the year concluding and review its accomplishments relative to those goals. This presentation is to be followed by a question and answer session led by the town moderator. All town officials, department heads and chairpersons of multi-member bodies shall attend. The meeting and its agenda shall be advertised in one or more local papers and the general public shall be invited.

SECTION 13. Subsection 4-3-1 of section 3 of said chapter 4 is hereby amended by striking out, in line 7, the word "constable" and inserting in place thereof the following word:- constables.

SECTION 14. Subsection 4-3-2 of said section 3 of said chapter 4 is hereby amended by striking out the figures "2-2-5, 6-4-3A and 6-4-3B" and inserting in place thereof the following figures:- 6-4-3.

SECTION 15. Subsection 4-4-1 of section 4 of said chapter 4 is hereby amended by striking out, in line 4, the word "object" and inserting in place thereof the following word:- subject.

SECTION 16. Subsection 4-5-2 of section 5 of said chapter 4 is hereby amended by inserting after the word "employee", in the last line, the following words:- , the single exception being the administrative secretary who reports both to the town administrator and the board of selectmen.

SECTION 17. Subsection 4-5-3 of said section 5 of said chapter 4 is hereby amended by striking out, in line 2, the following "4-2-11 and".

SECTION 18. Section 1 of chapter 5 of said charter is hereby amended by striking out subsection 5-1-1 and inserting in place thereof the following subsection:-

5-1-1 The board of selectmen shall, by an affirmative vote of at least four of its five members appoint a town administrator whose terms of employment shall be set by negotiated employment contract.

SECTION 19. Said section 1 of said chapter 5 is hereby further amended by striking out subsection 5-1-2.

SECTION 20. Subsection 5-1-3 of said section 1 of said chapter 5 is hereby amended by striking out, in line 2, the word "management" and inserting in place thereof the following words:- County Management Association (ICMA).

SECTION 21. Subsection 5-2-2 of section 2 of said chapter 5 is hereby amended by adding the following sentence:- This educational qualification may be waived by a 4-1 vote of the board of selectmen.

SECTION 22. Subsection 5-2-3 of said section 2 of said chapter 5 is hereby amended by adding the following sentence:- If the minimum educational qualification required by subsection 5-2-2 is waived by the board of selectmen, the professional qualification shall include at least nine years compensated service in public administration with at least six at a managerial level.

SECTION 23. Subsection 5-3-1 of section 3 of said chapter 5 is hereby amended by striking out, in lines 3 and 4, the words "except those employees of the town's board of library trustees" and inserting in place thereof the following words:- unless otherwise provided by the General Laws.

SECTION 24. Clause (g) of subsection 5-3-3 of said section 3 of said chapter 5 is hereby amended by striking out, in line 2, the words "for those of the school department" and inserting in place thereof the following words:- that the school superintendent will be designated as the procurement officer for all supplies and services purchased for the school department.

SECTION 25. Clause (h) of said subsection 5-3-3 of said section 3 of said chapter 5 is hereby amended by striking out, in lines 2 and 3, the words "except in accordance with subsection 4-2-11 of this charter".

SECTION 26. Clause (j) of said subsection 5-3-3 of said section 3 of said chapter 5 is hereby amended by striking out, in line 1, the word "annually" and inserting in place thereof the following words:- and maintain.

SECTION 27. Subsection 5-4-2 of section 4 of said chapter 5 is hereby amended by striking out, in line 2, the words "sections 5-4-5 and" and inserting in place thereof the following word:- section.

SECTION 28. Said subsection 5-4-2 of said section 4 of said chapter 5 is hereby further amended by adding the following words:- council on aging director.

SECTION 29. Said section 4 of said chapter 5 is hereby further amended by striking out subsection 5-4-5 and inserting in place thereof the following subsection:-

5-4-5 All appointments for regular full-time and regular part-time employees made by the town administrator shall be subject to disapproval by a majority vote of the board of selectmen, provided that such a vote is taken prior to the date of the appointment.

SECTION 30. Subsection 5-5-1 of section 5 of said chapter 5 is hereby amended by inserting after the word "shall", in line 1, the following words:- , in conjunction with the board of selectmen,.

SECTION 31. Subsection 5-5-2 of said section 5 of said chapter 5 is hereby amended by striking out, in line 1, the words "the personnel board" and inserting in place thereof the following words:- the board of selectmen.

SECTION 32. Subsection 5-5-3 of said section 5 of said chapter 5 is hereby amended by striking out, in line 1, the words "conjunction with the personnel board" and inserting in place thereof the following words:- consultation with the board of selectmen.

SECTION 33. Said subsection 5-5-3 of said section 5 of said chapter 5 is hereby further amended by striking out, in line 5, the words "in conjunction with the personnel board".

SECTION 34. Subsection 5-5-4 of said section 5 of said chapter 5 is hereby amended by striking out, in lines 4 and 5, the words "shall require a recommendation by the personnel board, and".

SECTION 35. Subsection 5-6-1 of section 6 of said chapter 5 is hereby amended by adding the following sentence:- The board may appoint a screening committee to assist them in the search and hiring process.

SECTION 36. Subsection 5-6-3 of said section 6 of said chapter 5 is hereby amended by striking out, in line 2, the words ", in accordance with section 4-5-2 of this charter".

SECTION 37. Said section 6 of said chapter 5 is hereby further amended by striking out subsection 5-6-4 and inserting in place thereof the following subsection:-

5-6-4 Compensation for the acting town administrator shall be determined by the board of selectmen.

SECTION 38. Said chapter 5 is hereby further amended by striking out section 7.

SECTION 39. Subsection 6-1-1 of section 1 of chapter 6 of said charter is hereby amended by inserting after the words "delegated by", in line 3, the following words:- the board of selectmen,.

SECTION 40. Said section 1 of said chapter 6 is hereby further amended by adding the following subsection:-

6-1-2 Any appointed multi-member body whose powers or purpose are not clearly defined under the constitution and the General Laws of the commonwealth, this charter, by-law or vote of town meeting shall have a written charge by the board of selectmen to define such powers and purpose provided such charge is consistent with the intent for which the multi-member body was created.

SECTION 41. Subsection 6-2-5 of section 2 of said chapter 6 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The board of selectmen or town meeting may increase or decrease the number of members to serve on multi-member bodies, unless such number is otherwise established by the General Laws or this charter.

SECTION 42. Said section 2 of said chapter 6 is hereby further amended by striking out subsection 6-2-7.

SECTION 43. Subsection 6-2-9 of said section 2 of said chapter 6 is hereby amended by striking out, in lines 1 and 2, the words ", and for one year following the expiration of such term".

SECTION 44. Said section 2 of said chapter 6 is hereby further amended by striking out subsection 6-2-11 and inserting in place thereof the following subsection:-

6-2-11 The board of selectmen may appoint any two of their members as ex-officio members without a vote, to any multi-member body unless prohibited by the General Laws.

SECTION 44A. Said chapter 6 is hereby further amended by striking out sections 3 and 4 and inserting in place thereof the following two sections:-

Section 3 - Elected Multi-member Bodies

6-3-1 The multi-member bodies listed in appendix B part 1 shall be elected in accordance with subsections 3-2-3 and 6-2-6 of this charter.

Section 4 - Appointed Multi-member Bodies

6-4-1 All appointed multi-member bodies which exist as of the effective date of this charter review shall continue to exist and shall be subject to section 2 of this chapter.

6-4-2 The multi-member bodies listed in appendix B part 2 shall be appointed by the board of selectmen in accordance with sections 4-3-2 and 6-2-6 of this charter.

6-4-3 The moderator shall in accordance with sections 2-2-4 and 6-2-6 of this charter appoint a finance committee of five members who shall be voters and shall not hold elected office nor be a candidate for elected office in the town of Truro.

6-4-4 The town meeting or the board of selectmen may from time to time establish other multi-member bodies for particular purposes. The appointment of ad hoc committees by the board of selectmen shall be made only for specific and immediate purposes, and any such committee shall be appointed for a definite period of time, not to exceed two years. Should the particular purpose for which an ad hoc committee was created not be resolved at the expiration of the two-year appointment, such committee may be reappointed for an additional one-year period.

6-4-5 Any multi-member body created by town meeting shall continue to exist until dissolved by vote of the town meeting, unless the vote creating such body provides for a definite time of dissolution.

6-4-6 Any multi-member body created by the board of selectmen, except those ad hoc committees as may be appointed in accordance with section 6-4-4 of this charter, shall continue to exist until dissolved by the board of selectmen, unless the vote creating such body provides for a definite time of dissolution.

6-4-7 The absence of a member or alternate member for four consecutive meetings of an appointed multi-member body shall serve to vacate the office, unless such absence is approved by a vote of the multi-member body. The chairman of the body shall forthwith notify the appointing authority that such vacancy has occurred. The vacancy shall be filled in accordance with section 6-2-10 of this charter and the appointee shall complete the vacant unexpired term.

SECTION 45. Clause (a) of subsection 7-1-2 of section 1 of chapter 7 of said charter is hereby amended by inserting after the word "government", in line 1, the following words:- , including the draft school budget,.

SECTION 46. Said subsection 7-1-2 of said section 1 of said chapter 7 is hereby further amended by striking out clause (c) and inserting in place thereof the following clause:-

(c) The draft budget document for the ensuing year shall:-

(1) include a financial summary listing all proposed expenditures, show the tax levy limit, disclose the source of any additional revenues, and itemize the town's reserves;

(2) explain the budget in terms of service changes or major expenditure changes and outline the reasons for such changes;

(3) indicate any major changes from the current fiscal year in financial policies together with the reasons for such changes;

(4) summarize the town's debt position and projections;

(5) include such other material deemed to be appropriate.

SECTION 47. Said section 1 of said chapter 7 is hereby further amended by striking out subsection 7-1-3 and inserting in place thereof the following subsection:-

7-1-3 On or before January 15 of each year, the board of selectmen shall submit to the finance committee proposed budgets for the ensuing fiscal year, including the school budget, as submitted by the school committee, and these proposals which shall include a budget summary as outlined in subsection 7-1-2 and recommendations.

SECTION 48. Said section 1 of said chapter 7 is hereby further amended by striking out subsection 7-1-5 and inserting in place thereof the following subsection:-

7-1-5 At least 14 days prior to the annual town meeting, the finance committee shall issue in printed form its recommendations and explanations. Copies of the printed recommendations and explanations shall be available in accordance with subsection 2-3-5 of this charter.

SECTION 49. Subclause (1) of clause (b) of subsection 7-2-1 of section 2 of said chapter 7 is hereby amended by inserting after the word "new", in line 1, the following word:- land,.

SECTION 50. Said section 2 of said chapter 7 is hereby further amended by striking out subsection 7-2-6 and inserting in place thereof the following subsection:-

7-2-6 The board of selectmen shall make available a printed copy of the proposed five year capital plan to all voters at the annual town meeting.

SECTION 51. Subsection 7-3-1 of section 3 of said chapter 7 is hereby amended by striking out, in line 1, the word "administrator" and inserting in place thereof the following words:- treasurer/collector.

SECTION 52. Subsection 7-5-2 of section 5 of said chapter 7 is hereby amended by striking out, in line 2, the words ", and a summary thereof shall be printed in the next annual town report".

SECTION 53. Subsection 8-1-1 of section 1 of chapter 8 of said charter is hereby amended by striking out, in line 2, the figures 3-3-1 and inserting in place thereof the following figures:- 3-4-1.

SECTION 53A. Subsection 8-3-2 of section 3 of said chapter 8 is hereby amended by striking out, in line 2, the word "contermious" and inserting in place thereof the following word:- conterminous.

SECTION 54. Said section 8-3-2 of said section 3 of said chapter 8 is hereby further amended by striking out clause (a) and inserting in place thereof the following clause:-

(a) Written notice of the intent to remove and a statement of the cause or causes therefor shall be delivered by hand, or by certified mail, addressee only, return receipt requested, to the last known address of the person sought to be removed.

SECTION 55. Clause (b) of said subsection 8-3-2 of said section 3 of said chapter 8 is hereby amended by striking out, in lines 2 and 6, the words "personnel board" and inserting in place thereof, in each instance, the following words:- board of selectmen.

SECTION 56. Said clause (b) of said subsection 8-3-2 of said section 3 of said chapter 8 is hereby further amended by striking out the last sentence.

SECTION 57. Said subsection 8-3-2 of said section 3 of said chapter 8 is hereby further amended by striking out clause (c) and inserting in place thereof the following clause:-

(c) Within ten days of the hearing, the board of selectmen shall make a decision to either remove or reinstate the individual and so notify the person of its action. A record of the hearing and the action taken shall be made by the board of selectmen.

SECTION 58. Subsection 8-4-2 of section 4 of said chapter 8 is hereby amended by striking out, in line 4, the word "registered" and inserting in place thereof the following word:- certified.

SECTION 59. The last sentence of subsection 8-4-6 of said section 4 of said chapter 8 is hereby amended by inserting after the words "place of which shall" the following word:- be.

SECTION 60. Section 1 of chapter 9 of said charter is hereby amended by striking out subsections 9-1-1, 9-1-3 and 9-1-4.

SECTION 61. Sections 5, 6 and 7 of said chapter 9 are hereby repealed.

SECTION 62. Section 8 of said chapter 9 is hereby amended by striking out subsections 9-8-1 to 9-8-4, inclusive.

SECTION 63. Said chapter 9 is hereby further amended by striking out Appendix B - Organizational Chart and inserting in place thereof the following appendix:

Appendix B - Elected and appointed boards: Organizational Chart

Part 1. Elected positions in accordance with the General Laws and section 6-3-1 of this Charter.

Voters elect:

A Moderator.

A Board of Selectmen of five members.

A School Committee of five members.

A Planning Board of seven members.

A Board of Library Trustees of five members, notwithstanding the provisions of section 10 of chapter 78 of the General Laws.

A Housing Authority of four members in accordance with the General Laws.

A fifth member of the Housing Authority shall be appointed by the commonwealth.

A Cemetery Commission of three members.

Part 2. Appointed positions in accordance with the General Laws and section 6-4-2 of this Charter.

The School Committee appoints a School Superintendent who appoints the School Personnel.

The Moderator appoints the Finance Committee.

The Board of Selectmen appoints the Town Administrator, Town Counsel and Public Safety Personnel:

Police Chief and Officers

Board of Fire Engineers

Constables

Civil Defense Director

And the following multi-member bodies:

Selectmen-Appointed Multi-Member Bodies

Board of Health

Water Resources Advisory Committee

Recycling Committee

Conservation Commission

Beach Point Erosion Committee

Zoning Board of Appeals

Town Building Committee

Housing Partnership

Historical Review Board

Commission on Disabilities

Cable Advisory Committee

Local Comprehensive Plan Steering Committee

Town Employee Insurance Advisory Committee

Other Multi-Member Bodies

Regional Delegates

Other Inter-Governmental Representatives

Council on Aging

Board of Assessors

Beach Commission

Golf Course Advisory Commission

Pamet Harbor Commission

Recreation Commission

Truro Cultural Council

Truro Partnership

Historical Commission

Human Services Committee

Appendix B - Part 3 Departmental Chart

Board of Selectmen

BoS as the Committee of Public Safety
Town Administrator Assessors Office Board of Fire Engineers Fire & Rescue Depts. Police Chief Police Dept.

Appendix B
Board of Selectmen BoS as the Committee of Public Safety
Building Dept. Beach Dept.

Board of Library Trustees
School Committee

Dept. of Public Works
Golf Course
Harbor Master Health Dept.
Licensing Agent
Recreation Dept.
Town Accountant

Libary Personnel School Superintendent School Personnel
Town Treasurer Town Clerk Collector of Taxes

SECTION 64. Section 9 of said chapter 9 is hereby amended by striking out subsections 9-9-1 and 9-9-2.

Approved June 30, 2000.