AN ACT PROVIDING FOR A STRONG TOWN MANAGER FORM OF GOVERNMENT IN THE TOWN OF ABINGTON.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
The following shall be the charter of the town of Abington:
INDEX
ARTICLE I INCORPORATION AND AUTHORITY
Section 1-1 Incorporation
Section 1-2 Short Title
Section 1-3 Form of Government
Section 1-4 Powers of the Town
Section 1-5 Interpretation of Powers
Section 1-6 Intergovernmental Relations
ARTICLE II LEGISLATIVE BRANCH
Section 2-1 Open Town Meeting
Section 2-2 Presiding Officer
Section 2-3 Committees
Section 2-4 Annual Town Meeting
Section 2-5 Special Town Meetings
Section 2-6 Clerk of the Meeting
Section 2-7 Warrant Articles
Section 2-8 Warrants
Section 2-9 Availability of Town Officials at Town Meetings
ARTICLE III ELECTED OFFICIALS
Section 3-1 General Provisions
Section 3-2 Board of Selectmen
Section 3-3 Moderator
Section 3-4 Town Clerk
Section 3-5 School Committee
Section 3-6 Board of Assessors
Section 3-7 Board of Health
Section 3-8 Board of Library Trustees
Section 3-9 Board of Sewer Commissioners
Section 3-10 Board of Water Commissioners
Section 3-11 Housing Authority
Section 3-12 Board of Park and Recreation Commissioners
Section 3-13 Planning Board
Section 3-14 Trustees of Veterans Memorials
Section 3-15 Recall of Elected Officials
Section 3-16 Vacancy in Office
ARTICLE IV TOWN MANAGER
Section 4-1 Appointment, Qualification, Term of Office
Section 4-2 Powers of Appointment
Section 4-3 Administrative Powers and Duties
Section 4-4 Financial Powers and Duties
Section 4-5 Temporary Absence
Section 4-6 Vacancy in Office
Section 4-7 Removal and Suspension
ARTICLE V ADMINISTRATIVE ORGANIZATION
Section 5-1 Organization of Town Agencies
Section 5-2 Publication of Administrative Code and Staffing
Section 5-3 Merit Principle
Section 5-4 Treasurer-Collector
Section 5-5 Police Department Organization
Section 5-6 Fire Department Organization
ARTICLE VI FINANCE AND FISCAL PROCEDURES
Section 6-1 Fiscal Year
Section 6-2 Submission of Budget and Budget Message
Section 6-3 Budget Message
Section 6-4 The Budget
Section 6-5 Action on Budget
Section 6-6 Capital Improvement Program
Section 6-7 Audits
Section 6-8 Warrant
ARTICLE VII GENERAL PROVISIONS
Section 7-1 Charter Changes
Section 7-2 Severability
Section 7-3 Specific Provisions Shall Prevail
Section 7-4 References to General Laws
Section 7-5 Computations of Time
Section 7-6 Number and Gender
Section 7-7 Definitions
Section 7-8 Rules and regulations
Section 7-9 Periodic Review, Charter and By-laws
Section 7-10 Procedures
Section 7-11 Committees: Appointing Authority, In General
Section 7-12 Elections
Section 7-13 Notice of Vacancies
Section 7-14 Appointments and Removals
Section 7-15 Removal and Suspensions
Section 7-16 Loss of Office, Excessive Absence
ARTICLE VIII TRANSITIONAL PROVISIONS
Section 8-1 Continuation of Existing Laws
Section 8-2 Continuation of Government
Section 8-3 Continuation of Personnel
Section 8-4 Time of Taking Effect
Section 8-5 Transfer of Records and Property
Section 8-6 Abolition of Town Administrator Position
ARTICLE I
INCORPORATION
Section 1-1 Incorporation
The inhabitants of the Town of Abington, within the corporate limits as now established, or as hereafter may be established in the manner provided by law, shall continue to be a body corporate and politic with perpetual succession under the name "Town of Abington".
Section 1-2 Short Title
This instrument may be cited and shall be known as the Abington Home Rule Charter.
Section 1-3 Form of Government
The administration of all the fiscal, prudential, and municipal affairs of the town, with the government thereof, shall be vested in a legislative branch, to consist of a town meeting open to all registered voters of the town, and an executive branch, to be headed by a board of selectmen and town manager.
Section 1-4 Powers of the Town
The form of government provided by this charter shall be known as the Abington Home Rule Charter Plan. Pursuant to this charter, and subject to only limitations as may be imposed by the constitution and statutes of the Commonwealth of Massachusetts, it is the intent and the purpose of this charter to confer on the Town of Abington all of the powers it is possible to confer under the constitution and statutes of said Commonwealth, as fully and as completely as though each such power was specifically and individually enumerated herein.
Section 1-5 Interpretation of Powers
The powers of the Town of Abington under this charter shall be construed liberally in favor of the Town, and the specific mention of particular powers is not intended, nor is it to be construed, as limiting in any way the general powers of the town as stated in Section 1-4.
Section 1-6 Intergovernmental Relations
Subject to the applicable requirements of any provision of the constitution or statutes of the Commonwealth of Massachusetts, the Town of Abington may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States Government or any agency thereof.
ARTICLE II LEGISLATIVE BRANCH
Section 2-1 Open Town Meeting
The legislative powers of the town shall continue to be exercised by a town meeting open to all registered voters of the town.
Section 2-2 Presiding Officer
The moderator, as provided for in Section 3-3, shall preside at all sessions of the town meeting, but the moderator shall have no vote unless those voters present and voting are equally divided. He shall at the first session of the town meeting following each annual town election appoint a deputy moderator to serve in the event of his absence or disability, provided that the town meeting ratifies such appointment. In the event of the absence or disability of the moderator and deputy moderator the town meeting shall elect from those voters present at the town meeting a temporary moderator to act during such absences or disabilities. The moderator shall perform such duties as may from time to time be assigned to the office of moderator by by-law, rule or other vote of town meeting.
Section 2-3 Committees
2-3-1 Subject to the provisions of this charter and to such by-laws or other town meeting votes regarding committees as may be provided, the moderator shall appoint for fixed terms the members of such committees of the town meeting, special or standing, as may from time to time be established, other than those appointed by vote of the town meeting.
2-3-2 There shall be a finance committee, the members of which shall be appointed by the moderator. The number of members, the term of office and any other condition of appointment or service as may be deemed necessary or desirable shall be established by by-law. The finance committee shall report its recommendations on every article contained in a town meeting warrant, in writing, at least ten (10) days prior to a scheduled town meeting. Prior to preparing its recommendations, the finance committee shall hold one or more meetings to permit discussion of the subject matter of all articles contained in the warrant, except those articles subject to public hearings by other multiple member town bodies and not containing appropriations. The finance committee shall have such additional powers and duties as may be provided by Massachusetts General Laws, by this charter or by by-law.
Section 2-4 Annual Town Meeting
There shall yearly be held an annual town meeting, to transact business relating to the prudential affairs of the town, which shall be held on the date fixed in the by-laws of the town.
Section 2-5 Special Town Meetings
Special town meetings shall 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 the voters of the town in accordance with procedures made available by the laws of the Commonwealth of Massachusetts.
Section 2-6 Clerk of the Meeting
The town clerk shall serve as the clerk of the town meeting. In the event of unavoidable absence, the town clerk shall designate a substitute; otherwise, the moderator shall appoint a clerk pro tempore. The town clerk shall give notice of all meetings to the public, keep a journal of its proceedings and perform such other functions as may be provided by the laws of the Commonwealth of Massachusetts, by the charter, by by-law or by other town meeting vote.
Section 2-7 Warrant Articles
The board of selectmen shall at all times receive all petitions which are addressed to it and which request the insertion of subjects in a warrant for a town meeting and are filed by: (1) any individual elected town officer; (2) any appointed multiple member body, acting by a majority of its members; (3) any ten voters for a regular town meeting and any one hundred voters for a special town meeting; (4) any other person or entity who may be authorized by law. The original copy of each petition filed hereunder shall be retained by the board of selectmen until at least ninety days following the completion of the town meeting at which the said petition is acted upon.
Section 2-8 Warrants
Every town meeting shall be called by a warrant issued by the board of selectmen which shall state the date, time and place at which the meeting is to be convened and, by separate articles, the subject matter to be acted upon. In addition to any notice required by the laws of the Commonwealth of Massachusetts, the board of selectmen shall cause the annual and any special town meeting warrant to be mailed to each residence of one or more voters in the town. Such distribution shall occur at least fourteen days prior to the town meeting. Failure of a voter to receive such warrant shall not invalidate the action of the meeting.
The original copies of all warrants for town meeting shall be kept in the office of the town clerk in a record book maintained for that purpose.
Section 2-9 Availability of Town Officials at Town Meetings
Every town officer, or in the case of a multiple member body, a designated representative of such multiple member body, and every town department head shall attend all sessions of the annual town meeting and any and all special town meetings for the purpose of providing the town meeting with information pertinent to matters appearing on the warrant, unless deterred for reasonable cause as determined by the Town Manager. If any person described above is so deterred, he/she shall designate a designee to attend the town meeting in his/her place, and shall notify the Town Manager of such designee.
If any person required to attend the sessions of the town meeting under this section is not a voter, he/she shall, notwithstanding, be entitled to speak in order to provide the town meeting with information on pertinent warrant articles. `tuc
ARTICLE III ELECTED OFFICIALS
Section 3-1 General Provisions
The offices to be filled by ballot of the voters of the entire town shall be a board of selectmen, moderator, town clerk, school committee, board of assessors, board of health, board of library trustees, board of sewer commissioners, board of water commissioners, housing authority, park and recreation commission, planning board and trustees of veterans memorials and such members of regional authorities or districts as may be established by statute, interlocal agreement or otherwise.
Any voter shall be eligible to hold any elective town office, but no elected town official shall simultaneously hold any other elected town office.
The regular annual election of town officers shall be held annually on such date as may from time to time be fixed in the by-laws of the town.
Notwithstanding their election by the voters, the town officers named in this section shall be subject to the call of the board of selectmen or of the town manager, at all reasonable times, for consultation, conference and discussion on any matter relating to their respective offices.
Section 3-2 Board of Selectmen
There shall be a board of selectmen consisting of five (5) members elected for terms of three years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year.
Vacancies in the office of selectmen shall be filled by a special election in accordance with the provisions of Massachusetts General Laws.
The executive powers of the town shall be vested in the board of selectmen which shall be deemed to be the chief executive office of the town. The board of selectmen shall have all of the executive powers it is possible for a board of selectmen to have and to exercise. The board of selectmen shall serve as the chief policy making agency of the town. The board of selectmen shall be responsible for the formulation and promulgation of policy directives and guidelines to be followed by all town agencies serving under it, and in conjunction with other elected town officers and multiple member bodies to develop and promulgate policy guidelines designed to bring the operation of all town agencies into harmony. Provided however, nothing in this section shall be construed to authorize any member of the board of selectmen, nor a majority of such members, to become involved in the day-to-day administration of any town agency. It is the intention of this provision that the board of selectmen shall act only through the adoption of broad policy guidelines, which are to be implemented by officers and employees serving under it.
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 its official acts to be kept.
The board of selectmen shall appoint a town manager as provided for in Article IV of this charter and shall appoint a town counsel.
The board of selectmen may investigate the affairs of the town and the conduct of any town agency including any doubtful claims against the town, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of the results of such investigation shall be placed on file in the office of the town manager, and a report summarizing the results of such investigation shall be printed in the next annual town report.
The board of selectmen shall be the licensing board of the town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach such conditions and restrictions thereto as it deems to be in the public interest. The board of selectmen shall enforce the laws relating to all businesses for which it issues such licenses. The board of selectmen may delegate such licensing authority unless specifically prohibited by the laws of the Commonwealth of Massachusetts.
In the event that the Commonwealth of Massachusetts fails in any fiscal year to provide for the independent audit of all records and accounts of the town, the board of selectmen shall provide for such audits. The audits shall be made by a certified public accountant, or firm of such accountants, who have no personal interests, direct or indirect, in the fiscal affairs of the town government or any of its officers.
Section 3-3 Moderator
There shall be a moderator elected for a term of three years. The moderator shall preside and regulate the procedure at all sessions of the town meeting, and shall have all of the powers and duties to which are given moderators under the constitution and laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-4 Town Clerk
There shall be a town clerk elected for a term of three years. The town clerk shall be the keeper of vital statistics of the town and the custodian of the town seal and all public records, shall administer the oaths of office to all town officers who apply to him/her therefore, be the clerk of the town meeting and perform such duties with regard to elections and other matters as may be provided by law. The town clerk shall have all of the powers and duties which are given to town clerks under the constitution and laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-5 School Committee
There shall be a school committee consisting of five (5) members elected for terms of three years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year. The school committee shall have general charge and superintendence of the public schools and for this purpose shall have all of the powers and duties which are given to school committees under the constitution and laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-6 Board of Assessors
There shall be a board of assessors which shall consist of three (3) members elected for terms of three years each, so arranged that one term shall expire each year. The board of assessors shall annually make a fair cash valuation of all property, both real and personal, within the town, and it shall have all of the powers and duties which are given to boards of assessors under the constitution and laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-7 Board of Health
There shall be a board of health which shall consist of five (5) members elected for terms of three years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year. The board of health shall be responsible for the formulation and enforcement of rules and regulations affecting the environment and the public health, and shall have all of the powers and duties which are given to boards of health under the constitution and laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-8 Board of Library Trustees
There shall be a board of library trustees which shall consist of nine (9) members elected for terms of three years each, so arranged that the term of office as nearly an equal number of members as is possible shall expire each year. The board of library trustees shall have general charge of the care and management of the town library, and of all property of the town relating thereto, in consultation with the Town Manager. The board of library trustees shall have all of the powers and duties which are given to library trustees under the constitution and laws of the Commonwealth of Massachusetts and shall have such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-9 Board of Sewer Commissioners
There shall be a board of sewer commissioners consisting of five (5) members elected for terms of three years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year. The board of sewer commissioners shall have general charge of the care and management of the municipal sewer system, and of all property of the town relating thereto. The board of sewer commissioners shall have all of the powers and duties which are given to boards of sewer commissioners under the constitution and laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-10 Board of Water Commissioners
There shall be a board of water commissioners consisting of three (3) members elected for terms of three years each, so arranged that one term shall expire each year. The board of water commissioners shall have general charge of the care and management of the municipal water system, and of all property of the town relating thereto. The board of water commissioners shall have all of the powers and duties which are given to boards of water commissioners under the constitution and laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-11 Housing Authority
There shall be a housing authority consisting of five (5) members. Four of the members shall be elected for terms of five years, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year. The fifth member shall be a resident of the town appointed as provided by the laws of the Commonwealth. The housing authority shall have all of the powers and duties which are given to housing authorities under the constitution and laws of the Commonwealth of Massachusetts.
Section 3-12 Board of Park and Recreation Commissioners
There shall be a board of park and recreation commissioners consisting of five (5) members elected for terms of three years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year. The board of park and recreation commissioners shall conduct and promote recreation, play, sport, physical education and other programs to meet the leisure time needs of the community. The board of park and recreation commissioners shall have general charge and management of the town playing fields, parks, public lawns and landscaped areas, and the town pool and of all property of the town relating thereto, in coordination with the Town Manager. The board of park and recreation commissioners shall have all of the powers and duties which are given to boards of park and recreation commissioners under the constitution and laws of the Commonwealth of Massachusetts, and shall have such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-13 Planning Board
There shall be a planning board consisting of five (5) members elected for terms of five years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year. The planning board shall make studies and prepare plans concerning the resources, possibilities and needs of the town. It shall prepare and may from time to time amend and perfect a comprehensive plan which shall set forth in graphic and textual form information concerning the present development of the town and parts thereof. Such comprehensive plan shall include recommendations of the planning board concerning the future development (including physical, economic, and environmental aspects) of the entire town and parts thereof.
The planning board shall annually report to the town giving information regarding the condition of the town and any plans or proposals known to it affecting the resources, possibilities and needs of the town, and shall specify amendments that the planning board has made during the past year in the comprehensive plan.
The planning board shall have all of the other powers and duties which are given to planning boards under the constitution and laws of the Commonwealth of Massachusetts, and shall have such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
Section 3-14 Trustees of Veterans Memorials
There shall be a Trustees of Veterans Memorials consisting of five (5) members elected for terms of five years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year. The trustees of veterans memorials shall have general charge of and care of all veterans memorials in the town, and of all property of the town relating thereto. The trustees of veterans memorials shall have all of the other powers and duties which are given to trustees of veterans memorials under the constitution and laws of the Commonwealth of Massachusetts, and shall have such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.
7-12 Recall of Elected Officials
3-15-1 Who can be Recalled
Any holder of an elective office, as defined in Section 3-1, may be recalled therefrom by the voters as herein provided.
7-12-2 Recall Petition
7-12-3 Any twenty-five (25) registered voters of the town may file with the town clerk an affidavit bearing the name of the officer sought to be recalled and a statement of the grounds for the recall. Within three days following such filing the registrars of voters shall determine whether such filing is sufficient and valid. If said filing is determined to be sufficient and valid by the registrars of voters, the town clerk shall thereupon deliver to said voters making the affidavit copies of petition blanks demanding such recall, printed forms of which he/she shall keep available. The blanks shall be issued by the town clerk with his/her signature and official seal attached thereto.
They shall be dated, shall be addressed to the board of selectmen and shall contain the names of all the persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit, and shall demand the election of a successor in the said office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. The recall petition shall be returned and filed with the town clerk within twenty days after the filing of the affidavit, and shall have been signed by at least twenty per cent (20%) of the registered voters of the town, who shall add to their signatures the number and street, if any of their residences.
The town clerk shall within submit the petition to the registrars of voters in the town by the end of the next business day, and the registrars shall forthwith, but in no event more than seven days after receipt, certify thereon the number of signatures which are names of registered voters of the town.
3-15-3 Selectmen's Action on Receiving Petition
If the petition shall be found and certified by the registrars of voters to be sufficient they shall submit the same with their certificate to the board of selectmen without delay, and the board of selectmen shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within seven (7) days thereafter, order an election to be held on a dated fixed by them, in accordance with the minimum requirements of the election laws of the Commonwealth of Massachusetts, presently contained in section 53 of chapter 41 of the General Laws, provided however, that the recall election must be held no later than fourteen (14) days after adherence to the minimum statutory requirements. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.
3-15-4 Nomination of Candidates
The officer whose recall is sought may be a candidate in the recall election, and unless such officer requests otherwise in writing, the town clerk shall place his/her name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be in accordance with the provisions of the law relating to elections, unless otherwise provided in this section.
3-15-5 Incumbent Holds Office Until Election
The officer whose recall is sought shall continue to perform the duties of his office until the recall election. If not then recalled, such person shall continue in office for the remainder of the unexpired term, subject to recall as before, except as provided for in this section. If recalled, such person shall be deemed removed.
3-15-6 Propositions on Ballot
Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer),
Against the recall of (name of officer).
Immediately at the right of each proposition there shall be a space in which the voter, by making a mark, may vote for either of said propositions. Under the propositions shall appear the word "Candidates", the directions to voters required by section 42 of chapter 54 of the General Laws, and beneath this the names of candidates nominated as herein before provided. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected, and shall upon qualification serve the balance of the unexpired term. If the successor shall fail to qualify within five days after receiving notification of election, the office shall be deemed vacant and shall be filled in the manner provided for in Article VII, Section 7-13. If a majority of the votes cast upon the question of recall is in the negative, the officer whose recall was sought shall not be recalled and the ballots for candidates need not be counted.
3-15-7 Repeat of Recall Petition
No recall petition shall be filed against an officer within three (3) months after he/she takes office, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least three (3) months after the election at which his/her recall was submitted to the voters of the town.
3-15-8 Appointment of Person Recalled
A person who has been recalled from an office, or who has resigned from office while recall proceedings were pending against him/her, shall not be appointed to any town office within two (2) years after such recall or resignation. Resignation at any time after a recall affidavit has been certified by the board of registrars of voters as being valid shall be deemed to be while recall proceedings were pending.
Section 3-16 Vacancy in Office
If there exists a vacancy in an elected office which does not consist of two or more members of a board or committee, the selectmen shall provide for notice of such vacancy as provided for in Article VII, section 7-13 by posting the vacancy on the town bulletin board. Any person who desires to be considered to fill such vacancy may, within ten days following the date the notice is posted file with the board of selectmen a statement which sets forth in clear and specific terms the qualifications which he/she holds for the position. The board of selectmen shall fill such vacancy no earlier than fourteen days and no later than thirty days after the notice was posted. The person appointed to fill such vacancy shall be the person who receives a majority of the votes cast at such meeting. The person appointed to fill such vacancy shall hold office until the next regularly scheduled annual town election at which time the vacant position shall be included on the ballot as provided for in Article III, section 3-1.
If there exists a vacancy in an elected board or committee consisting of two or more members, other than the board of selectmen, the remaining members shall forthwith give notice of the existence of any such vacancy to the board of selectmen. The selectmen shall then provide for notice of such vacancy as provided for in Article VII, Section 7-13 by posting the vacancy on the town bulletin board. Any person who desires to be considered to fill such vacancy may, within ten days following the date the notice is posted file with the board of selectmen and the board or committee which has experienced the vacancy a statement which sets forth in clear and specific terms the qualifications which he/she holds for the position. Not earlier than fourteen days nor later than thirty days after said notice is posted, the board of selectmen and the remaining members of the board or committee which has experienced the vacancy shall fill such vacancy at a joint meeting of the board of selectmen and such board or committee. The filling of such vacancy shall be by a joint vote of the board of selectmen and such board or committee. The person appointed to fill such vacancy shall be the person who receives a majority of the votes cast at such meeting. The person appointed to fill such vacancy shall hold office until the next regularly scheduled annual town election at which time the vacant position shall be included on the ballot as provided for in Article III, section 3-1.
An elected official who is no longer a resident of the Town shall be deemed to have vacated the office to which he/she was elected. When a doubt exists as to the residency of an elected official, the Board of Registrars of Voters of the Town shall, by a majority vote, decide the issue of residency.
ARTICLE IV TOWN MANAGER
Section 4-1 Appointment, Qualification, Term of Office
The Town Manager shall be appointed by the Board of Selectmen for a three-year term. A committee consisting of the Town Moderator, one finance committee member, selected by vote of the Finance Committee, the Superintendent of Schools, with approval of the School Committee, one Selectmen and one citizen appointed by the Selectmen shall present to the Selectmen no less than three candidates chosen from the applicants after a background review and interview by the committee. The Town Manager shall be the chief administrative officer of the town and be responsible to the Board of Selectmen for the administration of all town affairs placed in his/her charge by or under the charter. The Town Manager shall be a person especially fitted by education which shall consist of at least a bachelor's degree from an accredited degree granting college or university, and his/her professional experience shall include at least five years of, full time, compensated service in a managerial capacity in public or business administration.
The Town Manager need not be a resident of the town or of the commonwealth but must be a United States citizen.
The Town Manager shall devote full time to the duties of the office and shall not hold any other elective of appointive town office, nor shall the Town Manager engage in any other business unless such action shall be approved in advance in writing by the Board of Selectmen.
The Town Manager shall not have served in an elected office in the town of Abington government for at least twenty-four months prior to his/her appointment.
The Town Manager shall be the primary officer responsible for the implementation of policy directives and guidelines adopted by the Board of Selectmen. The daily administration of the affairs of the town shall be the responsibility of the Town Manager.
The Town Manager shall execute a bond in favor of the town for the faithful performance of his/her duties in such sum and with such surety as shall be fixed or approved by the board of selectmen, who shall not waive the requirement of a performance bond.
Section 4-2 Powers of Appointment
4-2-1 The Town Manager shall appoint the police chief, fire chief, town treasurer-collector, town accountant, superintendent of highways, veterans agent, superintendent of wires, building inspector/zoning officer, plumbing and gas inspector, constables, assistant assessor, director of elder affairs, tree warden, park superintendent, and town planner; provided however, that the Town Manager shall consult with the appropriate appointing authority prior to making such appointments.
Appointments to such positions shall become effective on the fifteenth day following the day notice of appointment is filed with said appointing authority, unless said appointing authority shall within that fifteen day period, by at least a two-thirds vote of the current elected members, vote to reject said appointment, or sooner, by at least a two-thirds vote of the current elected members, vote to affirm said appointment.
Copies of the notices of proposed appointments as filed with the appointing authority shall simultaneously be posted on the town bulletin board.
4-2-2 Except as otherwise provided by this charter, the Town Manager shall appoint and may remove all department heads, assistant department heads, officers, subordinates, and employees serving under elected and appointed boards, commissions, and committees for whom no other method of selection is provided in this charter, except employees of the school department, housing authority, water commission, sewer commission, board of health and board of library trustees.
Appointments by the Town Manager for all positions, except those stated in Article IV, section 4-2-1, shall become effective immediately.
Copies of notices of appointments and/or removals shall be posted on the town bulletin board.
4-2-3 All appointments by the Town Manager shall be based on merit and fitness alone.
Section 4-3 Administrative Powers and Duties
The Town Manager shall be the chief administrative officer of the Town and shall be responsible to the Board of Selectmen for the effective management of all town affairs placed in the manager's charge by this charter, said Board of Selectmen, by bylaw, or vote of the town meeting, and for the implementation of town policies placed in the Town Manager's charge by said Board of Selectmen.
The powers, duties and responsibilities of the Town Manager shall include, but are not intended to be limited to, the following
a) To supervise, direct and be responsible for the efficient administration of all officers appointed by the Town Manager and their representative departments, and of all functions for which the Town Manager is given responsibility, authority or control by this charter, by bylaw, by town meeting vote, or by vote or the Board of Selectmen;
b) To administer and enforce either directly or through a person or persons supervised by the Town Manager, in accordance with this charter, all provisions of the laws of the commonwealth or special laws applicable to the town, all bylaws, and all regulations established by the Board of Selectmen;
c) To be responsible for coordination of operational and strategic planning for the town;
d) To attend all meetings of said Board of Selectmen, except when excused, having the right to speak but not vote;
e) To attend all sessions of the town meeting and answer all questions addressed to the Town Manager which are related to the warrant articles and to matters under the general supervision of the Town Manager;
f) To keep said Board of Selectmen fully informed regarding all departmental operations, fiscal affairs, general problems, administrative actions, and the availability of federal and state funds and how such funds might relate to unmet long range needs and to this end shall submit quarterly reports to the Board of Selectmen;
g) To assure the complete and full records of the financial and administrative activity of the town are maintained and to render reports to the Board of Selectmen as may be required, but not less frequently than quarterly, a full report of all town administrative operations during the period reported on, which report shall be made available to the public.
h) To assure that a full and complete inventory of all property of the town, both real and personal, is kept, including all property under the jurisdiction of the school committee:
i) To be responsible for the rental, use, maintenance, repair and the development of a comprehensive maintenance program for all town facilities, except those under the jurisdiction of the Housing Authority, School Committee, Sewer Commission or Water Commission, unless requested by those agencies;
j) To be responsible for purchasing of all functions and departments, pursuant to chapter 30B of the General Laws, and all other applicable statutes, procedures and bylaws. Said Town Manager shall at the request of the School Committee, delegate such duties for school department purchasing to an employee of the School Committee as per the requirements of said chapter 30B;
k) To administer the town's personnel system, personnel evaluation policies and practices, enforcement of labor contracts, labor relations, collective bargaining and state and federal equal employment opportunities law compliance function of the town, except for school department agreements, entered into by the town;
l) To fix compensation of all town employees and officers appointed by the Town Manager within limits established by appointment, any applicable compensation plan, collective bargaining agreements, and or Town Meeting;
m) To have the authority to sign payroll and accounts payable warrants concerning the everyday operations of the Town;
n) To be responsible for the negotiation of all contracts with town employees over wage, and other terms and conditions of employment, except employees of the school department. The Town Manager may, subject to the approval of the Board of Selectmen, employ special counsel to assist in the performance of these duties.
Contracts shall be subject to the approval of the Board of Selectmen and funded by Town Meeting;
o) To prepare and submit annual operating budgets and capital improvement programs as provided in Section VI of this charter;
p) To keep the Board of Selectmen and finance committee fully informed as to the financial condition of the town and to make recommendations to the Board of Selectmen as the Town Manager deems necessary;
q) To coordinate the activities of all town agencies serving under the office of Town Manager and the office of the Board of Selectmen with those under the control of other officers and municipal member bodies elected directly by the voters. For the purposes of effecting coordination and cooperation among all agencies of the town, the Town Manager shall have the authority to require persons so elected, or their representatives, to meet with the Town Manager, at reasonable times, to submit such reports of their doings and summaries of action taken as may be deemed to be necessary or desirable to have available for the purposes of such coordination.
r) To investigate or inquire into the affairs of any town department or office;
s) To prosecute, defend or compromise all litigation to which the Town is a party, upon request and with approval of said Board of Selectmen
t) To delegate, authorize or direct any subordinate or employee of the town to exercise any power, duty, or responsibility which the office of Town Manager is authorized to excise, provided, that all acts that are performed under such delegation shall be deemed to be the acts of the Town Manager;
u) To distribute copies of the warrants for the Annual Town Meeting to the residence of all registered voters of the Town
v) To perform such other duties as necessary as may be assigned by this charter, bylaw, by town meeting vote, or by vote of the Board of Selectmen.
Section 4-4 Financial Powers and Duties
Section 4-4-1
The Town Manager shall be the chief financial officer of the Town, and shall be responsible for the design and preparation of the annual budget, filing grant applications, and controlling budget expenditures, including approval of the warrant and for the payment of funds prepared by the Town Accountant in accordance with the provisions of section 56 of chapter 41 of the General Laws.
Section 4-4-2
In accordance with Article VI of this Charter;
a) The Town Manager shall submit to the Board of Selectmen and Finance Committee a written proposed budget for town government for the ensuing fiscal year, including the budget proposed by the School Committee. The proposed budget shall detail all estimated revenues from all sources, and all expenditures, including debt service for the previous, current and ensuing years. It shall include proposed expenditures for both current operations and capital during the ensuing year, detailed by agency, department, committee, purpose, and position, together with estimated revenues and free cash available at the close of the fiscal year, including estimated balances in special accounts. The Town may, by bylaw, establish additional financial reports to be provided by the Town Manager;
b) The Town Manager shall report on the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the Town, together with an estimate of the tax rate necessary to raise such amount;
c) The calendar dates on or before which the proposed budget, revenue statements, and tax rate are to be submitted to said Board of Selectmen shall be 30 days prior to the date the budget is required to be submitted to the Finance Committee as specified by bylaw, action of the Finance Committee, or powers of the Assessors;
d) To assist said Town Manager in preparing the proposed annual budget of revenues and expenditures, all boards, officers, and committees of the town, including the School Committee shall furnish all relevant information in their possession and submit to the Town Manager, in writing and in such form as the Town Manager shall establish, a detailed estimate of the appropriations required and available funds.
e) The Town Manager shall submit annually to the Board of Selectmen a five-year capital improvement plan.
Section 4-5 Temporary Absence
The Town Manager may designate by letter with the Board of Selectmen and Town Clerk a qualified officer of the town to perform the duties of the Town Manager during a temporary absence or disability. If such temporary absence or disability shall exceed thirty days, any designation made by the Town Manager shall be subject to the approval of the Board of Selectmen. In the event of the failure of the Town Manager to make such designation, or if the person so designated is for any reason unable to serve, the Board of Selectmen may designate some other qualified person to perform the duties of Town Manager until the Town Manager shall return.
Section 4-6 Vacancy in Office
Any permanent vacancy in the office of Town Manager shall be filled as soon as possible by the Board of Selectmen. The filling of such vacancy shall be done as provided for in Article IV, Section 4-1.
Section 4-7 Removal and Suspension
The Board of Selectmen by the affirmative vote of three or more of its members may terminate and remove, or suspend the Town Manager from office in accordance with the following procedure.
The Board of Selectmen shall adopt a preliminary resolution of removal by the affirmative vote of at least three of its members that must state the reason for removal. This preliminary resolution may suspend the Town Manager for a period not to exceed forty-five days. A copy of the resolution shall be delivered in hand or by certified mail, return receipt requested, to the Town Manager.
Within five days after receipt of the preliminary resolution the Town Manager may request a public hearing by filing a written request for such hearing with the Board of Selectmen. This hearing shall be held at a meeting of the board of selectmen not later than thirty days after the request is filed and not earlier than twenty days. The Town Manager may file a written statement responding to the reasons stated in the resolution of removal with the Board of Selectmen provided that said statement is received at the Board of Selectmen's office at least forty-eight hours in advance of the public hearing.
The Board of Selectmen may adopt a final resolution of removal, which may be made effective immediately, by affirmative votes of three of its members not less than ten nor more than twenty-one days following the date of delivery of a copy of the preliminary resolution to the Town Manager, if the Town Manager has not requested a public hearing, or, within ten days following the close of the public hearing if the Town Manager has requested one. Failure to adopt a final resolution of removal within the time periods as provided in this section shall nullify the preliminary resolution of removal and the Town Manager shall, at the expiration of said time, forthwith resume the duties of the office. The Town Manager shall continue to receive a salary until the effective date of a final resolution of removal. The action of the Board of Selectmen in suspending or removing the Town Manager shall be final, it being the intention of the provision to vest all authority and fix all responsibility for such suspension or removal on the Board of Selectmen.
ARTICLE V ADMINISTRATIVE ORGANIZATION
Section 5-1 Organization of Town Agencies
The organization of the town into operating agencies for the provision of services and the administration of the government may be accomplished through either of the methods provided in this article.
(a) By-Laws
Subject only to express prohibitions in a general law of the Commonwealth of Massachusetts or the provisions of this charter, the town meeting may, by by-law, reorganize, consolidate, create, merge, divide or abolish any town agency, in whole or in part, establish such new town agencies as it deems necessary or advisable, determine the manner of selection, the term of office and prescribe the functions of all such entities; provided, however, no function assigned by this charter to a particular town agency may be discontinued, or assigned to any other town agency, unless this charter specifically so provides.
(b) Administrative Code
The town manager, after consultation with the board of selectmen, may from time to time prepare and submit to the annual town meeting, plans of organization or reorganization which establish operating divisions for the orderly, efficient or convenient conduct of the business of the town.
Whenever the town manager prepares such a plan, the board of selectmen shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the hearing will be held, not later than fourteen days following said publication. Following such public hearing, the proposal, which may have been amended subsequent to the public hearing, shall be submitted to the annual town meeting by an appropriate warrant article. An organization or reorganization plan shall become effective at the start of the next fiscal year following the date of adjournment of the annual town meeting at which the proposal is submitted unless the town meeting, shall by a majority vote, vote to disapprove the plan. The town meeting may vote only to approve or disapprove the plan and may not vote to amend or alter it. If no vote is taken by town meeting for any reason, the plan shall be deemed NOT to have been approved and shall not take effect.
The Town Manager may, through the administrative code, and subject only to express prohibitions in a law of the commonwealth or this charter, reorganize, consolidate or abolish any town agency, in whole or in part, establish such new town agencies as is deemed necessary to the same extent as is provided in Section 5-1(a), above, for by-laws, and for such purposes transfer the duties and powers and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriation of one town agency to another; provided, however, that no function assigned by this charter to a particular town agency may be discontinued or assigned to any other town agency unless this charter specifically so provides.
This section shall not interfere with the town meeting's power and ability to implement by-laws outside the scope of this section.
Section 5-2 Publication of Administrative Code and Staffing Plan
For the convenience of the public, the administrative code and any amendments thereto shall be printed as an appendix to the by-laws of the town of Abington.
A personnel staffing plan, prepared in conformity with Article 6, shall be published annually in the town report. The school committee shall provide the Town Manager with copies of its personnel and staffing plans annually for publication in the town report.
Section 5-3 Merit Principle
All appointments and promotions of town officers and employees shall be made on the basis of merit and fitness, demonstrated by examination or by other evidence of competence and suitability.
Section 5-4 Treasurer-Collector
There shall be a treasurer-collector, appointed by the Town Manager, on the basis of his/her qualifications and fitness for service. For the purposes of this charter the treasurer-collector shall be considered a department head.
There shall be no defined term of office. In making an appointment to the office of treasurer-collector, the town manager shall establish specific goals and objectives to be met by the appointee at designated periods during the period of appointment. Failure to meet the stated goals and objectives shall constitute grounds for dismissal. A treasurer-collector may be removed from office in accordance with the procedures established in Article VII, Section 7-15 of this charter.
The treasurer-collector shall collect all accounts due, shall receive and take charge of all funds belonging to the town and shall have all of the powers and duties which treasurer-collectors may have under the constitution and laws of the Commonwealth of Massachusetts. The treasurer-collector may also exercise such additional powers and duties as may from time to time be assigned to that office by the charter, by by-law or by other vote of the town meeting.
Section 5-5 Police Department Organization
The police department in the Town of Abington shall be organized under the provisions of section 97A of chapter 51 of the General Laws. There shall be a Chief of Police, appointed by the Town Manager, for an indefinite term. The Chief of Police, once appointed may only be removed from office in accordance with the provisions of Article VII, section 7-14 of this charter. The Chief of Police, or his/her designee, shall serve as emergency management director for the Town of Abington.
The Town Manager may enter into a contract of employment with the Chief of Police, however, there shall be no defined term of office.
The Chief of Police and the Deputy Chief of Police shall be appointed on the basis of their qualifications and fitness for service. There shall be no defined term of office for either office and once appointed the Chief of Police and the Deputy Chief of Police can only be removed for just cause, as defined and after a hearing, as provided in Article VII, section 7-15; The Board of Selectmen shall determine the qualifications for appointment of the Office of Chief of police, provided however that the Town Manager shall use an assessment process using not less than three police professionals, not employed by the Town of Abington, in order to evaluate candidates for the position of Chief of police.
The Chief of Police shall appoint the Deputy Chief of Police. The Chief of Police shall determine the department's qualifications for appointment of Deputy Chief of Police, provided, however, that the Chief of Police shall use an assessment process, using not less than three police professionals, not employed by the Town of Abington, in order to evaluate candidates and select the Deputy Chief. The decision of the Chief of Police in the selection of the Deputy Chief of Police shall be final.
The Chief of Police shall appoint all other personnel and officers in accordance with the provisions of chapter 31 of the General Laws, provided however, that the Chief of Police shall use an assessment process to evaluate candidates and select superior officers above the rank of patrol officer.
Section 5-6 Fire Department Organization
There shall be a Fire Department organized under sections 42, 43 and 44 of chapter 48 of the General Laws. As provided in said chapter 48 there shall be a Fire Chief who shall be appointed by the Town Manager, in accordance with the provisions of chapter 31 of the General Laws and the rules made thereunder.
The Fire Chief shall be responsible for the appointment, management and supervision of personnel, shall be responsible for all operations of the Fire Department, shall serve as the Town's forest fire warden, and shall perform all fire related duties and tasks considered necessary by the Town Manager.
The Fire Chief shall be the appointing authority for all fire department personnel and shall have full authority to appoint, demote, suspend and terminate all employees, including firefighters, captains, superior officers and the Deputy Fire Chief. The officers and firefighters shall be appointed in accordance with the provisions of chapter 31 of the General Laws.
The Deputy Fire Chief shall work under the direction of the Fire Chief and shall serve as acting Fire Chief in the absence of the Fire Chief.
ARTICLE VI FINANCE AND FISCAL PROCEDURES
Section 6-1 Fiscal Year
The fiscal year of the town shall begin on the first day of July and shall end on the last day of June, unless another period is required by the General Laws of the Commonwealth of Massachusetts.
Section 6-2 Submission of Budget and Budget Message
Within the time fixed by by-law, before the annual town meeting is to convene, the town manager, after consultation with the Board of Selectmen, shall submit to the finance committee a proposed, balanced, operating budget for the ensuing fiscal year with an accompanying budget message and supporting documents. The town manager shall simultaneously provide for the publication of a general summary of the proposed budget in a local newspaper and via the town's website.
The summary shall specifically indicate any major variations from the current operating budget and the reason for such changes. The notice shall further indicate the times and places at which the complete copies of the proposed operating budget are available for examination by the public.
Section 6-3 Budget Message
The budget message of the Town Manager shall explain the budget for all town agencies, both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the town for the ensuing fiscal year, describe important features of the budget, indicate any major variations from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the town's debt position and include other material as the town manager deems desirable or the Board of Selectmen may reasonably require.
Section 6-4 The Budget
The proposed operating budget shall provide a complete financial plan for all town funds and activities for the ensuing fiscal year. Except as may be otherwise be required by the General Laws of the Commonwealth of Massachusetts, by this charter, or by by-law, it shall be in the form which the Town Manager deems desirable or the Board of Selectmen may require. In the presentation of the budget, the town manager shall utilize modern concepts of fiscal presentation so as to furnish maximum information and the best financial control. The budget shall show, in detail, all estimated income from the proposed property tax levy and other sources and all proposed expenditures, including debt service, for the following year. The budget shall be arranged to show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections:
(a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by town agency and position in terms of work programs, and the method of financing such expenditures;
(b) Proposed capital expenditures during the ensuing fiscal year, detailed by town agency, and the proposed method of financing each such capital expenditure;
(c) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes.
Section 6-5 Action on the Budget
The finance committee shall, upon receipt of the budget from the Town Manager, consider in public meetings detailed expenditures for each town department and agency and may confer with representatives of each such agency in connection with its review and consideration. The finance committee may require the town manager, or any other town agency, to furnish it with such additional information as it may deem necessary to assist it in its review and consideration of the proposed budget. The finance committee shall file with the town clerk at least fourteen days prior to town meeting a report containing its recommendation for action to be taken on each line item in the proposed operating budget as submitted by the Town Manager. Said report shall also be made available to voters of the town by leaving copies of said report at three or more public places in the town and by publication via the town's website at least fourteen days prior to town meeting. Additionally, copies of said report shall be made available to voters of the town at town meeting. The budget shall be voted upon in accordance with the by-laws of the town.
Section 6-6 Capital Improvement Program The Town Manager shall submit a capital improvement program to the Board of Selectmen and the finance committee at least six (6) months before the start of the fiscal year. Said program shall be based on material prepared by the capital improvement committee established by by-law, if any, including:
(a) A clear, concise general summary of its contents;
(b) A list of all capital improvements proposed to be undertaken during the next ensuing five years, with supporting information as to the need or each capital improvement;
(c) Cost estimates, methods of financing and recommended time schedules for each improvement; and
(d) The estimated annual cost of operating and maintaining each facility and piece of major equipment involved.
This information is to be annually revised by the town manager with regard to the capital improvements still pending or in the process of being acquired, improved or constructed.
Section 6-7 Audits
The Board of Selectmen shall annually provide for an independent audit of all financial books and records of the town, or, whenever it deems an audit of the whole town or of any particular town agency, to be necessary.
Audits of the town's financial books and records shall be conducted by a certified public accountant, or firm of such accountants, having no interest, direct or indirect, in the affairs of the town.
Section 6-8 Warrant
The Town Manager shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared and signed by the town accountant in accordance with the provisions of the General Laws of the Commonwealth of Massachusetts shall be submitted to the town manager. The approval of any such warrant by the Town Manager and at least three members of the Board of Selectmen shall be sufficient authority to authorize payment by the town treasurer, but the Board of Selectmen shall alone approve all warrants prepared and signed by the town accountant in the event of the absence of the town manager or a vacancy in the office of Town Manager.
ARTICLE VII GENERAL PROVISIONS
Section 7-1 Charter Changes
This charter may be replaced, revised or amended in accordance with the procedures made available by Article LXXXIX of the Amendments to the Constitution of the Commonwealth of Massachusetts and any legislation to implement the said amendments.
Section 7-2 Severability
The provisions of the charter are severable. If any provision of the charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons and circumstances shall not be affected thereby.
Section 7-3 Specific Provisions Shall Prevail
To the extent that any specific provision of the charter shall conflict with any provision expressed in general terms, the specific provision shall prevail.
Section 7-4 References to General Laws
All references to the General Laws contained in the charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the General Laws enacted subsequent to the adoption of the charter.
Section 7-5 Computations of Time
In computing time under the charter, if seven days or less, "days" shall refer to secular days and shall not include Saturdays, Sundays or legal holidays. If more than seven days, every day shall be computed.
Section 7-6 Number and Gender
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 words importing the masculine gender shall include the feminine gender.
Section 7-7 Definitions
Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in the charter shall have the following meanings:
"Administrative Code", plans of organization or reorganization which establish operating divisions for the orderly, efficient or convenient conduct of the business of the town.
"Appointing authority", one of the following elected bodies, where appropriate, Board of Selectmen, Board of Assessors, Board of Park and Recreation Commissioners and Planning Board.
"Charter", this charter and any amendments to it made through any of the methods provided under article LXXXIX of the Amendments to the Constitution of the Commonwealth of Massachusetts.
"Majority vote", a majority of those present and voting, provided that a quorum of the body is present.
"Multiple member body", any board, commission or committee consisting of two or more persons, whether elected or appointed, but specifically excluding town meeting.
"Town", the Town of Abington.
"Town agency", any board, commission, committee, department or office of the town government.
"Town bulletin board", the bulletin board, on which official town notices are posted, located in the town office building. Whenever reasonably possible, official town notices shall be posted on the town's website.
"Voters", the registered voters of the Town of Abington.
Section 7-8 Rules and Regulations
A copy of all rules and regulations adopted by any town agency shall be filed in the office of the town clerk and made available for review by any person who requests such information. Such rules and regulations shall not become effective until ten days following the date they are so filed.
Section 7-9 Periodic Review, Charter and By-laws
7-12-2 Charter Review
At least once in every ten years, in each year ending in a four, beginning in the year 2014, a special committee shall be established for the purpose of reviewing this charter and to make a report, with recommendations, to the town meeting concerning any proposed amendments which said committee may determine to be necessary or desirable. The committee shall consist of five members who shall be chosen by the town moderator. The committee shall meet to organize forthwith following the final adjournment of the annual town meeting and shall report to the annual town meeting the following year with any recommendations.
7-12-3 By-Law Review and Recodification
At intervals of not more than five years from the date of adoption of this charter, proposed revisions or recodifications of the by-laws of the town shall be presented to the town meeting for re-enactment. Such revisions or recodifications shall be prepared by a special by-law review committee appointed by the board of selectmen for that purpose, which shall conduct its review under the supervision of the town counsel or, if the board of selectmen shall so direct, by special counsel appointed for that purpose. Such committee shall be appointed immediately following the adjournment of the annual town meeting in the year preceding the year in which their report is to be filed.
Within eight months following their appointment, the committee shall cause to be published on the town's website in a newspaper having general circulation within the town (1) a report summarizing their recommendations and noting the times and places within the town where complete copies of their report are available for inspection by the public and (2) the date, time and place not less than two weeks following such publication when a public hearing will be held by the committee on the report.
Subsequent to their enactment by the town meeting, copies of all by-laws shall be forwarded to the Attorney General of the Commonwealth of Massachusetts for his/her review and approval, and they shall be otherwise published all as required by the General Laws of the Commonwealth of Massachusetts. Copies of the revised by-laws shall be made available for public distribution.
In each year between such re-enactments and publications there shall be published an annual supplement which contains all by-laws and amendments to by-laws which have been adopted in the previous year.
Section 7-10 Procedures
7-10-1 Meetings
All multiple member bodies of the town, whether elected or appointed or otherwise constituted, shall meet regularly at such times and places within the town as they may prescribe. Special meetings of any multiple member body shall be held on the call of the respective chairman, or by one-third of the members thereof by suitably written notice delivered to the residence or place of business of each member at least forty eight hours in advance of the time set. A copy of the said notice shall also be posted on the town bulletin board. Special meetings of any multiple member body shall also be called within one week following the date of the filing with the town clerk of a petition signed by at least fifty voters and which states the purpose or purposes for which the meeting is to be called. Except as otherwise authorized by law, all meetings of all multiple member bodies shall be open and public. However, the multiple member body may recess, for the purpose of meeting in executive session in accordance with the General Laws of the Commonwealth of Massachusetts.
7-10-2 Agendas
At least forty-eight hours before any meeting of a multiple member body is to be held, an agenda containing all items which are scheduled to come before it at the meeting shall be posted on the town bulletin board. No action taken on a matter not included in the posted agenda shall be effective unless the multiple member body first adopts by separate vote a resolution declaring that an emergency exist, and that the particular matter must be acted upon at that meeting for the immediate preservation of the peace, health, safety or convenience of the town.
7-10-3 Rules and Journal
Each multiple member body shall determine its own rules and order of business unless otherwise provided by the charter or by-law, and shall provide for keeping minutes of its proceedings. Such minutes shall be voted on and approved within sixty (60) days following the date of such proceedings. These rules and minutes shall be a public record kept available in a place convenient to the public at all reasonable times, and copies shall be kept available in the town library.
7-10-4 Voting
Except on procedural matters, all votes of all multiple member bodies shall be taken by voice or roll call vote, the result of which shall be recorded in the minutes; provided, however, that if the vote is unanimous only that fact need be recorded.
7-10-5 Quorum
A majority of the members of the multiple member body shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the multiple member body. No other action of the multiple member body shall be valid or binding unless ratified by the affirmative vote of the majority of the members of the multiple member body.
Section 7-11 Committees; Appointing Authority, In General
Whenever, whether under the provisions of a town meeting vote or by by-law, a multiple member body is established, the primary purpose of which is to perform an administrative or executive function, notwithstanding the provisions of any such vote to the contrary, the members of such committee shall be appointed by the Board of Selectmen. Whenever, whether under the provisions of a town meeting vote or a by-law, a multiple member body is to be established, the primary purpose of which is to perform a legislative function, notwithstanding any provision in such vote to the contrary, the member of such multiple member body shall be appointed by the moderator. Nothing in this section shall be construed to prevent the town meeting, by vote or by by-law, to provide that a multiple member body shall include, as a portion of its membership, certain persons to serve ex-officio, provided that such authority is not used to defeat the clear purpose of this section.
Section 7-12 Elections
7-12-1 Annual Town Election
The election of town officers and referenda questions shall be acted upon and determined by the voters on official ballots without party or other designation on the date fixed in the by-laws of the town.
7-12-2 Nomination of Candidates
The number of signatures of voters required to place the name of a candidate for any office on the official ballot for use at any town election shall be not less that fifty signatures of voters, unless a greater number is required by state law.
Section 7-13 Notice of Vacancies
Whenever a vacancy occurs in any town office or town employment, or as a member of any multiple member body, except for positions covered under the civil service law of the Commonwealth of Massachusetts, whether by reason of death, resignation, expiration of a fixed term for which a person has been appointed, or otherwise, the Board of Selectmen or other appointing authority shall cause public notice of the vacancy to be posted on the town bulletin board. No permanent appointment to fill such a position shall be effective until at least fourteen days have elapsed following such posting. Any person who desires to be considered for appointment to the position may, within ten days following the date the notice is posted, file with the Board of Selectmen or other appointing authority a statement which sets forth in clear and specific terms the qualifications which he/she holds for the position.
Section 7-14 Appointments and Removals
Except as otherwise provided in this charter, the Town Manager shall appoint, subject to the provisions of Article IV, section 4-2 of this charter all persons categorized as head of departments. Except as may otherwise be required by the civil service law, appointments made by the town manager shall be for periods not to exceed five years. The town manager may suspend or remove any person appointed by the town manager in accordance with the procedure established in Section 7-15. The decision of the town manager in suspending or removing a department head shall be final.
All persons categorized as department heads shall, subject to the consent of the town manager, appoint all assistants, subordinates and other employees of the department for which such person is responsible. The department head may suspend or remove any assistant, subordinate or other employee of the department for which such person is responsible in accordance with the procedures established in Section 7-15. The decision of the department head to suspend or remove any assistant, subordinate or other employee shall be subject to review by the town manager. A person for whom a department head has determined that suspension or removal is appropriate may seek review of such determination by the town manager by filing a petition for review in the office of the town manager, in writing, within ten days following receipt of notice of such determination. The review by the town manager shall follow the procedures established in Section 7-15. The decision of the town manager shall be final.
Section 7-15 Removals and Suspensions
Any appointed town officer, member of a multiple member body or employee of the town, not subject to the provisions of the state civil service law or covered by the terms of a collective bargaining agreement which provides a different method, and whether appointed for a fixed or an indefinite term, may be suspended or removed from office, without compensation, by the appointing authority for good cause. The term "good cause" shall include, but not be limited to incapacity other than temporary illness, inefficiency, insubordination and conduct unbecoming the office.
Any appointed officer, member of a multiple member body or employee of the town may be suspended from office by the appointing authority if such action is deemed, by said appointing authority, to be necessary to protect the interests of the town. However, other than the Town Manager as provided in Section 4-7, no suspension shall be for more than fifteen days. Suspension may be coterminous with removal and shall not interfere with the rights of the officer or employee under the removal procedure provided.
The appointing authority when removing any such officer, member of a multiple member body or employee of the town shall act in accordance with the following procedure:
(a) A written notice of the intent to remove and a statement of the cause or causes therefore shall be delivered in hand, or by certified mail, return receipt requested, to the last known address of the person sought to be removed.
(b) Within five days following delivery of such notice, the officer, member of a multiple member body or employee of the town may request in writing that a public hearing be held, at which hearing such person may be represented by legal counsel and shall be entitled to present evidence, call witnesses and to question any witnesses appearing at the hearing. Said public hearing shall be held within ten days after the receipt of a written request for a public hearing.
(c) Between one and ten days after the public hearing is adjourned, or if the officer, member of a multiple member body or employee of the town fails to request a public hearing between six and fifteen days after delivery of the notice of intent to remove, the appointing authority shall take final action, either removing the officer, member of a multiple member body or employee of the town or notifying such person that the notice is rescinded. Failure of the appointing authority to take any action within the time periods as stated in this section shall be deemed to be a rescission of the original notice and the officer, member or a multiple member body or employee shall, forthwith, be reinstated.
Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed for a fixed term is not reappointed when the original term expires.
7-16 Loss of office, excessive absence
If any person appointed as a member of a multiple member committee shall fail to attend four or more consecutive meetings, or one-half of all of the meetings of such committee held in one calendar year, the remaining members of the multiple member committee may, by a majority vote of the remaining members of such committee, declare the office vacant, provided, however, that not less than ten days prior to the date said vote is scheduled to be taken the committee has given in hand, or mailed by registered or certified mail, return receipt requested, notice of such proposed or pending vote to the last know address of such person.
ARTICLE VIII TRANSITIONAL PROVISIONS
Section 8-1 Continuation of Existing Laws
All General Laws, special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not specifically or by clear implication repealed hereby, 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 Government
All town agencies shall continue to perform their duties until re-appointed or re-elected, or until successors to their respective positions are duly appointed or elected or their duties have been transferred.
Section 8-3 Continuation of Personnel
Any person holding a town office or employment under the town shall retain such office or employment and shall continue to perform his/her duties until provision shall have been made in accordance with the charter for the performance of the said duties by another person or agency; provided, however, that no person in the permanent fulltime service or employment of the town shall forfeit his 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 to do so.
Section 8-4 Time of Taking Effect
The charter shall become fully effective upon its approval by the voters as provided for by the General Laws of the Commonwealth of Massachusetts, except as provided in this section:
(a) Not more than forty-five days after the adoption of this charter, the moderator shall appoint a special committee of five members to review the existing by-laws of the town and to make a report with recommendations to the annual town meeting in the year following the year in which the charter is adopted, in accordance with the publication, hearing and reporting requirements established in Article VII, Section 7-9-2.
(b) Except as otherwise provided above, all other provisions of Article II shall be effective upon the commencement of the annual town meeting for the transaction of business in the year following the year in which the charter is adopted.
(c) As soon as possible following the adoption of this charter the board of selectmen shall appoint a town manager as provided for in Article IV of this charter, and such appointment shall be made no later than 6 months following the date on which this charter is adopted.
(d) The incumbent in the office of treasurer/collector shall continue to serve in said position for the balance of the term for which the treasurer/collector was elected. Upon the expiration of the term of office of the incumbent treasurer/collector, or if a vacancy shall occur sooner, the treasurer/collector shall be appointed by the town manager, in accordance with Article V, Section 5-5.
(e) The incumbent members of the golf course committee shall continue to serve in office until no later than two months following the appointment of a town manager by the board of selectmen. Within that two month period the town manager shall appoint the members of the golf course committee. The golf course committee shall consist of five (5) members appointed for three years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year. The golf course committee shall oversee the Strawberry Valley Golf Course, in coordination with the Town Manager.
Section 8-5 Transfer of Records and Property
All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency shall be transferred forthwith to the office, department or agency to which such powers and duties are assigned.
Section 8-6 Abolition of Town Administrator Position
The position of town administrator shall be abolished upon the assumption of office by the Town Manager. Should the position become vacant prior to the town manager assuming the duties of the office, the board of selectmen may appoint an acting town administrator. The acting town administrator shall serve until the assumption of office by the Town Manager.