AN ACT AUTHORIZING THE TOWN OF RANDOLPH TO ESTABLISH A TOWN CHARTER.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1-1: SHORT TITLE
This instrument shall be known as the Charter, 2004 for the Town of Randolph.
SECTION 1-2: DIVISION OF POWERS
The administration of the fiscal, prudential and municipal affairs of Randolph, with the government thereof, shall be vested in an executive branch comprised of a Mayor and a legislative branch consisting of a Town Council.
SECTION 1-3: POWERS OF THE TOWN
Subject only to express limitations on the exercise of any power or function by a municipal government in the constitution or in the general laws of the Commonwealth, it is the intention and the purpose of the voters of Randolph through the adoption of this Charter to secure for themselves and for their government all of the powers it is possible to secure as fully and as completely as though each such power were specifically and individually enumerated herein.
SECTION 1-4: CONSTRUCTION
The powers of the Town of Randolph under this Charter are to be construed liberally in favor of the town, and the specific mention of any particular power is not intended to limit the general powers of the town as stated in Section 1-3.
SECTION 1-5: INTERGOVERNMENTAL RELATIONS
Subject only to express limitations in the constitution or general laws of the Commonwealth, Randolph 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 the Commonwealth or any agency or political sub-division thereof, or with the United States government or any agency thereof.
SECTION 1-6: ETHICAL STANDARDS
Elected and appointed officers and employees of the Town of Randolph are expected to demonstrate, by their example, in their general conduct and in the performance of their duties and responsibilities, the highest ethical standards, to the end that the public may justifiably have trust and confidence in the integrity of its government. In addition to any requirements of state law, elected and appointed officers and employees of the Town of Randolph are expected to recognize that they act always as agents for the public, that they hold their offices or positions for the benefit of the public, that the public interest is their primary concern, and that they are expected to faithfully discharge the duties of their offices regardless of personal considerations. Elected and appointed officers and employees of the Town of Randolph shall not use their official positions to secure or to grant special consideration, treatment, advantage, privilege or exemption to themselves or to any other person beyond that which is available to every other person.
SECTION 1-7: REPRESENTATION AND DIVERSITY
The voters of Randolph are cognizant of and support federal and state laws, which provide for non-discrimination and openness in appointment and hiring practices. In recognition of these statutes, and in support of them, it is expected that the Mayor, the Town Council and other appointing authorities will, when selecting persons to be appointed to offices or positions of the town, make a good faith effort to assure that the interest of every citizen, in every section of the town, is considered.
SECTION 1-8: DEFINITIONS
Unless another meaning is clearly apparent from the manner in which the word or phrase is used, the following words and phrases as used in this Charter shall have the following meanings:
(a) Bureau - The word "bureau" shall mean an organizational structure consisting of more than one agency or department under a common leadership.
(b) Charter - the word "Charter" shall mean this Charter and includes any amendment to it hereafter adopted.
(c) Emergency - the word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action or response.
(d) Full Council, Full Multiple Member Body - The words "full council" or "full multiple member body" shall mean the entire authorized complement of the Town Council, School Committee or other multiple member body notwithstanding any vacancy which might exist.
(e) Initiative Measure - the words "initiative measure" shall mean a measure proposed by registered voters through the initiative process provided under this Charter.
(f) Local Newspaper - the words "local newspaper" shall mean a newspaper of general circulation within Randolph , with either a weekly or daily circulation.
(g) Majority Vote - the words "majority vote" when used in connection with a meeting of the Town Council or School Committee shall mean a majority of the membership.
(h) Super Majority Vote - The words "super majority vote" when used in connection with a meeting of the Town Council shall mean passage of an item when the Town Council has achieved five (5) votes out of seven (7).
(i) Measure - the word "measure" shall mean any ordinance, order, resolution, or other vote or proceeding adopted, or which the Town Council might adopt.
(j) Multiple Member Body - The words "multiple member body" shall mean any board, commission, committee, sub-committee or other body consisting of two or more persons whether elected, appointed or otherwise constituted, but not including the Town Council, School Committee, Stetson Trustees, or library trustees.
(k) Referendum Measure - the words "referendum measure" shall mean a measure adopted by the Town Council that is protested by voters under the referendum procedures of this Charter.
(l) Town - the word "town" shall mean the town of Randolph .
(m) Town Agency - the words "town agency" (or "municipal agency") shall mean any multiple member body, any department, division, or office of the town of Randolph .
(n) Town Bulletin Boards - The words "town bulletin boards" shall mean the bulletin board in the town hall on which the Town Clerk posts official notices of meetings and upon which other official town notices are posted, and the bulletin boards at any other locations as may be designated town bulletin boards by the Town Council.
(o) Voters - the word "voters" shall mean registered voters of the town of Randolph .
ARTICLE 2
LEGISLATIVE BRANCH
SECTION 2-1: COMPOSITION, TERM OF OFFICE
(a) Composition - there shall be a Town Council consisting of seven members. Three of these members shall be nominated and elected by and from the voters of the town at large and four of these members shall be nominated and elected by and from the four districts into which the town is divided. The Town Council shall exercise the legislative powers of the town.
(b) Term of Office - Except as is otherwise provided the term of office for councilors shall be for two years.
The terms of office of Town Councilors shall begin on the first business day of January in the year following their election, and shall expire when their successors have been qualified.
(c) Eligibility - any voter shall be eligible to hold the office of councilor-at-large. A district councilor shall at the time of election be a voter of the district from which elected, provided, however, if any district councilor shall during the first twelve months of the term of office remove to another district in the town such office shall be deemed vacant and the balance of the unexpired term shall be filled in the manner provided. If such removal occurs after the first twelve months of the term of office such councilor may continue to serve for the balance of the term for which elected. If a Councilor At-large or a district councilor removes from the town during the term for which elected such office shall immediately be deemed vacant and filled in the manner provided.
SECTION 2-2: COUNCIL OFFICERS
(a) President:
(i) Election and Term - As soon as practicable after the councilors-elect have been qualified following each bi-annual election the members of the Town Council shall elect from among its members a council president who shall serve until the council reorganizes the following January. The Council may choose to re-elect a sitting president. Council President may serve up to two consecutive terms if elected by the Council and is eligible to serve again with at least one year of service on the Town Council with another serving as Council President between service as Council President.
(ii) Powers and Duties - The council president shall preside at all meetings of the Town Council, regulate its proceedings and shall decide all questions of order. The council president shall appoint all members of all committees of the Town Council, whether special or standing. The council president shall have the same powers to vote upon all measures coming before the Town Council as any other member of the Town Council. The council president shall perform such other duties consistent with the office as may be provided by Charter, by ordinance or by other vote of the Town Council.
(b) Council Vice-President - The members of the Town Council shall also elect from among its members a council vice-president who shall serve as acting president during the temporary absence or disability of the council president during the ensuing term of office. The powers of an acting council president shall be limited to only those powers of the office indispensably essential to the performance of the duties of the office during the period of such temporary absence or disability and no others.
(c) Council Clerk - Members of the Town Council shall also elect one of there own members as council clerk. The council clerk shall be the official in charge of ensuring that appropriate minutes are kept and proper notice is given of all council proceedings.
SECTION 2-3: PROHIBITIONS
(a) Holding Other Office or Position - No Town Councilor shall, while a member of the Town Council, hold any other compensated town office or position. No former councilor shall hold any compensated appointive office or employment until one year after the expiration of service on the Town Council. This provision shall not prevent a town officer or employee who has taken a leave of absence from such duties in order to serve as a member of the Town Council from returning to such office or employment following service as a member of the Town Council.
(b) Interference with Administration - Neither the Town Council nor any of its members shall direct the appointment or employment of any person, or the removal of any person, or in any manner attempt to participate in the appointment or removal of persons in that part of the administrative service of the town for which the Mayor is responsible. Except for the purpose of inquiries and investigations pursuant to section 2-7, the Town Council and its members shall deal with the officers and employees serving under the Mayor solely through the Mayor or his designee, and neither the Town Council nor any member of the Town Council shall give orders or directions to any such officer or employee, except by passage of ordinance of general applicability.
Violations of this section shall be punished in the manner and to the extent as may be established by town ordinance.
SECTION 2-4: COMPENSATION, EXPENSES
(a) Salary - the members of the Town Council shall receive such salary for their services as may from time to time be set by ordinance. No ordinance increasing the salary of Town Councilors shall be effective unless it shall have been adopted on or before the last day of June in the second year following a town election and it provides that such salary is to take effect upon the organization of the town government following the next town election. Members of the Town Council shall not be considered "employees" for the purpose of chapter thirty-two B of the Massachusetts General Laws. The Mayor must approve or veto such salary increase, and the Town Council can override the Mayor's veto by vote of a supermajority consisting of at least five members.
(b) Expenses - Subject to appropriation and to prior authorization, the council members shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their duties.
SECTION 2-5: GENERAL POWERS (Residuary)
Except as otherwise provided by general law or by this Charter, all powers of the town shall be vested in the Town Council which shall provide for their exercise and for the performance of all duties and obligations imposed upon the town by law.
SECTION 2-6: EXERCISE OF POWERS; QUORUM; RULES
(a) Exercise of Powers - except as otherwise provided by general law or this Charter the legislative powers of the Town Council may be exercised in a manner determined by the Town Council.
(b) Quorum - the presence of four members shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time. Except as otherwise provided by general law or by this Charter, the affirmative vote of four members shall be required to adopt any ordinance or appropriation order.
(c) Rules of Procedure - the Town Council shall from time to time adopt rules regulating its procedures, which shall be in addition to the following:
(i) Regular meetings of the Town Council shall be held at the time and place fixed by ordinance. Notwithstanding, the council shall be called into session at least biweekly, and those meeting days must be on Mondays.
(ii) Special meetings of the Town Council shall be held on the call of the Mayor, on the call of the council president, or, on the call of any three or more members, by written notice delivered in hand or to the place of business or residence of each member and which contains a listing of the items to be acted upon. Except in case of an emergency such notice shall be delivered at least forty-eight weekday hours in advance of the time set for such meeting. A copy of the notice to members shall, forthwith, be posted upon the town bulletin boards.
(d) Committees - the Town Council shall establish such committees as it deems to be necessary or desirable to enable it to study and evaluate the matters that come before the Town Council. The Town Council may appoint members of the council to serve on such committees, and town employees may be appointed to serve on such committees.
SECTION 2-7: ACCESS TO INFORMATION
(a) In General - the Town Council may make investigations into the affairs of the town and into the conduct and performance of any town agency and for this purpose may subpoena witnesses, administer oaths and require the production of evidence.
(b) Town Officers, Members of Town Agencies, Employees - The Town Council may require the Mayor or any member of a town agency or town employee who is not responsible to the Mayor to appear before it to give such information as the Town Council may require in relation to the municipal services, functions, powers, or duties which are within the scope of responsibility of such person and within the jurisdiction of the Town Council. The Town Council may require any person from whom it seeks information under the provisions of this section to appear before it in person or to respond to written questions made available to that person in order to provide specific information on conduct of any aspect of the business of the town. Any person required to appear before the council may bring to any such meeting any assistant, department head, or other town officer or employees that person may deem necessary to assist in responding to the questions posed by the Town Council.
(c) Notice - The Town Council shall give not fewer than five days notice to any person it may require to appear before it under the provisions of this section. The notice shall include specific questions on which the Town Council seeks information and no person called to appear before the Town Council under this section shall be required to respond to any question not relevant or related to those presented in advance and in writing. Notice shall be by delivery in hand, or by registered or certified mail to the last known place of residence of any such person.
SECTION 2-8: TOWN COUNCIL EMPLOYEES
(a) Other Council Employees - the Town Council may employ other persons within the funds available to it to assist it in carrying out its responsibilities.
(b) Town Attorney - The council may consult the town attorney so designated by the office of the Mayor for the purpose of receiving advice and assistance in the preparation and review of legislation.
(c) Salaries/Compensation - the officers selected by the Town Council shall receive such salaries or other compensation as may from time to time be provided for such office.
(d) Removal/Suspension - any person appointed by the Town Council may be removed or suspended by the Town Council.
SECTION 2-9: ORDINANCES AND OTHER MEASURES
(a) Emergency Ordinances - No ordinance shall be passed finally on the date it is introduced, except in case of emergency involving the health or safety of the people or their property.
No ordinance shall be regarded as an emergency ordinance unless the emergency is defined and declared in a preamble to such ordinance, separately voted upon and receiving the affirmative vote of four or more members of the Town Council.
Emergency ordinances shall stand repealed on the sixty-first day following their adoption, unless an earlier date is specified in the measure, or unless a second emergency measure adopted in conformity with this section is passed extending it, or unless a measure passed in conformity with the procedures for measures generally has been passed extending it.
(b) Measures, In General - the Town Council may pass a measure through all of its stages at any one meeting, except proposed ordinances, appropriation orders and loan authorizations.
(c) Publication and Public Hearing - Every proposed ordinance, appropriation order or loan authorization, except emergency ordinances as provided in section 2-9(a), shall be published once in full in a local newspaper, and in any additional manner as may be provided by ordinance, at least seven days before its final passage. After final passage it shall be posted on the town bulletin board and otherwise published as may be required by ordinance. Provided, however, that whenever a proposed ordinance or codification of ordinances or other measure would exceed in length more than ten column inches of ordinary newspaper notice print, then in lieu of publication in a local newspaper, the same may be published and made available at the office of the Town Clerk, and if so published and made available at least ten days before its final passage this shall be deemed sufficient notice. Whenever the Town Council provides for publication in this manner, in lieu of the newspaper publication, it shall, at least seven days before final passage publish in a local newspaper a general summary of the proposed ordinance, appropriation order or loan authorization, and a notice stating the times and places at which copies of the proposed ordinance, appropriation order or loan authorization may be obtained by the public.
The newspaper publication described above shall also include the date, time and place at which a public hearing will be held concerning the proposed ordinance, appropriation order or loan authorization and the body which will conduct the said hearing.
SECTION 2-10: COUNCIL REVIEW OF CERTAIN APPOINTMENTS
(a) Individual appointments - The Mayor shall submit to the Town Council the name of each person the Mayor desires to appoint to specific positions as noted in Section 4-4 of this Charter. The Town Council shall investigate each such candidate for appointment and may require the candidate to appear before Town Council or a committee thereof, to give information relevant to such appointment.
Appointments made by the Mayor to an individual position shall become effective if approved by a vote of four or more members of the Town Council. If after thirty days the Town Council shall fail to act on the appointments then the Mayor's recommendations shall be deemed adopted.
(b) Policy-Making Multiple Member Bodies - The Mayor shall submit to the Town Council the name of each person the Mayor desires to appoint as a member of one of the policy making multiple-member bodies which are enumerated in section 4-4. The Town Council shall investigate each such candidate for appointment and may require any person whose name has been referred to it to appear before the Town Council, or a committee thereof, to give such information relevant to such appointment as the committee, or the Town Council, may require.
Appointments made by the Mayor to the policy making multiple member bodies enumerated in section 4-4 shall become effective if approved by a vote of four or more members of the Town Council. If after thirty days the Town Council shall fail to act on the appointments then the Mayor's recommendations shall be deemed adopted.
(c) Non-Policy-Making (Advisory) Multiple Member Bodies - The Mayor shall submit to the Town Council the name of each person the Mayor desires to appoint as a member of any advisory multiple-member body which the Mayor is authorized to appoint. The Town Council shall investigate each such candidate for appointment and may require any person whose name has been referred to it to appear before the Town Council, or a committee thereof, to give such information relevant to such appointment as the committee, or the Town Council, may require.
Appointments made by the Mayor to advisory multiple member bodies shall become effective on the thirtieth day following the date on which notice of the proposed appointment was filed with the Clerk of the Town Council, unless five members of the Town Council shall within the said thirty days vote to reject such appointment, or unless the Town Council has sooner voted to affirm the appointment. Rejection by the Town Council shall require a two-thirds vote of the full council (five members so voting).
SECTION 2-11: FILLING OF VACANCIES
(a) Councilor-at-Large - If a vacancy shall occur in the office of councilor-at-large during the term for which councilors are elected the vacancy shall be filled in descending order of votes received by the candidate for the office of councilor-at-large at the preceding town election who received the largest number of votes without being elected, provided such person remains eligible and willing to serve and provided such person received votes at least equal to thirty percent of the vote total received by the person receiving the largest number of votes for the office of councilor-at-large at the said election. The Town Clerk shall certify such candidate to the office of councilor-at-large to serve for the balance of the then unexpired term.
(b) District Councilor - If a vacancy shall occur in the office of district councilor during the term for which councilors are elected the vacancy shall be filled by the candidate for the office of district councilor in the district in which the vacancy resides who received the largest number of votes without being elected at the preceding town election, provided such person remains eligible and willing to serve, and provided such person received votes at least equal to thirty percent of the vote total received by the person receiving the largest number of votes for the office of district councilor in said district at said election. The Town Clerk shall certify such candidate to the office of district councilor to serve for the balance of the un-expired term.
(c) Filling of Vacancies by the Mayor and Town Council - Whenever a vacancy shall occur in the office of councilor-at-large and there is no available candidate to fill such vacancy in the manner provided in section 2-11 (a), or whenever a vacancy shall occur in the office of district councilor and there is no available candidate to fill such vacancy in the manner provided by section 2-11 (b); the vacancy shall be filled by the individual Town Councilors placing names into nomination to the office of the Mayor. The Mayor shall choose from among the nominees. The Mayor shall then forward one name to the Town Council for ratification. A vote of two-thirds of the members of the remaining Town Council is required for ratification. The Town Clerk shall certify such candidate to the office of Town Councilor to serve for the balance of the then expired term.
ARTICLE 3
ELECTED TOWN OFFICERS
SECTION 3-1: ELECTIVE TOWN OFFICES
(a) In General - The town offices to be filled by the voters in addition to the offices of Mayor, councilor-at-large and district councilor shall be six members of the School Committee, three members of the Stetson School Fund and the Town Clerk.
(b) Other Offices Filled at Town Elections - In addition to the town offices enumerated above, other officers or representatives to regional authorities or districts as may be established by law or by interlocal agreement may also be filled by ballot at town elections.
(c) Coordination - Notwithstanding their election by the voters, the town officers named in this section shall be subject to the call of the Mayor, at all reasonable times, for consultation, conference and discussion on any matter relating to their respective offices.
(d) Compensation, Expenses
(1) Salary - The members of elected town offices shall receive such salary for their services as may from time to time be set by ordinance. No ordinance increasing the salary of an elected town officer shall be effective unless it shall have been adopted more than six months prior to the date of a regular town election and it provides that such salary is to take effect upon the organization of the town government following the next town election.
(2) Expenses - Subject to appropriation and to prior authorization, the elected town officers shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their duties.
(e) Filling of Vacancies in Elected Offices
(1) Multiple Member Body - If there is a vacancy in an elected board, it shall be filled by the town council.
SECTION 3-2: SCHOOL COMMITTEE
(a) Composition, Term of Office - There shall be a School Committee, which shall consist of seven members. Six of the members shall be nominated and elected by and from the voters of the town at large and the Mayor shall serve as the seventh member. The Mayor shall be a voting member but may not serve as the chairman of the School Committee or hold any other office on the committee.
(b) Term of Office - At each bi-annual town election the School Committee members shall be elected each to serve for a term of two years. The term of office of School Committee members shall begin on the first business day of January in the year following their election, and shall expire when their successors have been qualified.
(c) School Committee Chair
(1) Election and Term - As soon as practicable after the School Committee members-elect have been qualified following each bi-annual town election, as provided in article 8, the School Committee shall organize by electing one of its members to serve as School Committee chair and one of its members to serve as School Committee vice chair. The School Committee may reorganize in January of off years. Notwithstanding the above, the School Committee Chair may serve up to two consecutive terms if elected by the School Committee and is eligible to serve again with at least one year of service on the School Committee with another serving as committee chair between service as committee Chair.
(2) Powers and Duties - The School Committee chair shall preside at all meetings of the School Committee, regulate its proceedings and shall decide all questions of order. The School Committee chair shall have the same powers to vote upon all measures coming before the School Committee as any other member of the School Committee. The School Committee chair shall perform such other duties consistent with the office as may be provided by Charter, by ordinance or by other vote of the School Committee.
(d) School Committee Powers and Duties - The School Committee shall have all powers which are conferred on School Committees by general laws and such additional powers and duties as may be provided by the Charter, by ordinance, or otherwise and not inconsistent with said grant of powers conferred by general laws. The powers and duties of the School Committee shall include the following:
1) To elect a superintendent of the schools who shall be charged with the day-to-day administration of the school system, subject only to policy guidelines and directives adopted by the School Committee and, upon the recommendation of said superintendent, to establish and appoint assistant or associate superintendents as provided in section fifty-nine of chapter seventy-one of the General Laws.
2) To make all reasonable rules and regulations for the management of the public school system and for conducting the business of the School Committee as may be deemed necessary or desirable.
3) To adopt and to oversee the administration of an annual operating budget for the school department, subject to appropriation by the Town Council.
The School Committee shall provide ordinary maintenance of all school buildings and grounds, provided, however, the Mayor may propose a reorganization in accordance with section 6-1 of this Charter to provide for the maintenance of school buildings and grounds.
Whenever the School Committee shall determine that additional classrooms or facilities are necessary to meet the educational needs of the community, at least one member of the School Committee, or a designee of the School Committee, shall serve on the agency, board or committee to which the planning or construction of such new, remodeled or renovated school building is delegated. The School Committee as a whole shall appoint said member or designee.
SECTION 3-3: TRUSTEES OF THE STETSON FUND
Composition, Term of Office - There shall be a board of trustees of the Stetson School Fund, which shall be governed in accordance with the document titled, The Stetson Donation of a Town House and Fund for a High School to the Town of Randolph, voted on June 17, 1841, with the following proviso:
The terms of these members shall be two years.
SECTION 3-4: TOWN CLERK
(a) There shall be a Town Clerk elected for a term of 4 years.
(b) The office of the Town Clerk shall be as defined in the general laws of the Commonwealth of Massachusetts.
(c) The election of the Town Clerk shall be on the bi-annual election opposite the election of the Mayor. During the transition for this Charter any person serving in the elected position of the Town Clerk on the date this Charter takes effect shall continue in such office beyond the expiration of the term to which he/she was elected, until the first election to be held for Town Clerk, pursuant to this Charter which election shall be held in the Fall of 2007.
ARTICLE 4
EXECUTIVE -ADMINISTRATIVE BRANCH
SECTION 4-1: MAYOR: QUALIFICATIONS; TERM OF OFFICE; COMPENSATION, ETC
(a) Mayor, Qualifications -- The chief executive officer of the town shall be a Mayor, elected by and from the voters of the town at large. Any voter shall be eligible to hold the office of Mayor.
(b) Term of Office - The term of office of the Mayor shall be four years beginning on the first business day of January following the bi-annual town election at which chosen and until a successor is qualified.
(c) Compensation - The Town Council shall, by ordinance, establish an annual salary for the Mayor in accordance with Section 3-1 (d)(1).
(d) Expenses - Expenses shall be reimbursed in accordance with Section 3-1(d)(2).
(e) Prohibitions - The Mayor shall hold no other town office or town employment except those expressly authorized by this Charter. No former Mayor shall hold any compensated appointed town office until one year following the date on which such former Mayor's town service has terminated. This provision shall not prevent a person holding an office, position or other employment under the town, who has taken a leave of absence in order to serve as Mayor from returning to the same office or other position, or town employment held at the time such leave of absence commenced; provided, however, no such person shall be eligible for any other municipal position until at least one year following the termination of service as Mayor.
SECTION 4-2: EXECUTIVE POWERS
The executive powers of the town not otherwise vested specifically by this Charter, shall be vested in the Mayor. The Mayor shall cause the Charter, the laws, the ordinances and other orders for the government of the town to be enforced, and shall cause a record of all official acts of the executive branch of the town government to be kept.
The Mayor shall be recognized as the official head of the town government for all matters concerning the town including ceremonial, civil and other purposes and shall be recognized by the courts for the purpose of serving civil process and by the Governor for military purposes. The Mayor shall be the town's official representative when dealing with all governments including Federal, State, County, Municipal and Foreign.
The Mayor shall, by virtue of the office, be a voting member of the School Committee. The administration of the ordinary, day-to-day direction and supervision of all town agencies except the school department, is the responsibility of the Mayor who may be assisted by the office of the Director of Administration and Finance.
The Mayor shall establish policy goals and objectives to guide the town in the preparation and development of an annual operating budget and a capital outlay program.
The Mayor shall present an annual state of the town message to the Town Council setting out proposed policies to be adopted by the Town Council, which, in the opinion of the Mayor, addresses the problems and opportunities of the town.
An annual report, which contains a general summary of the activities of all town agencies, shall be published within one hundred and twenty days following the close of each fiscal year by the office of the Mayor. The annual report shall contain reports by all departments, committees and commissions and boards.
The Mayor shall, from time to time throughout the year, by written communications, recommend to the Town Council for its consideration such measures, as, in the judgment of the Mayor, the town requires.
SECTION 4-3: APPROVAL OF THE MAYOR, EXCEPTION (Veto)
Every appropriation or other order, ordinance, resolution or other vote adopted or passed by the Town Council relative to the affairs of the town, except memorial resolutions, the selection of town officers by the Town Council and any matters relating solely to the internal affairs of the Town Council, shall be presented to the Mayor for approval. If the Mayor approves of the measure the Mayor shall sign it; if the Mayor disapproves of the measure the Mayor shall return the measure, with the specific reason or reasons for such disapproval attached thereto, in writing, to the Town Council. The Mayor may disapprove or reduce items or parts of items in an appropriation and thus exercise a selective veto power. The Town Council shall enter the objections of the Mayor on its records, and not sooner than ten days, nor after thirty days from the date of its return to the Town Council, shall again consider the same measure. If the Town Council, notwithstanding such disapproval, by the Mayor, shall again pass the order, ordinance, or resolution by a vote of five of the councilors, it shall then be deemed in force, notwithstanding the failure of the Mayor to approve the same. If the Mayor has neither signed a measure nor returned it to the Town Council within ten days following the date it was presented to the Mayor, the measure shall be deemed approved and in force.
SECTION 4-4: APPOINTMENTS BY THE MAYOR
(a) Director of Administration and Finance - There shall be a director of administration and finance appointed by the Mayor and confirmed by the Town Council in accordance with Section 2-10 (a) of this Charter. The term of the office shall be five years subject to removal as may be otherwise provided in this Charter or by town ordinance. The initial term of the director of administration shall not expire in the year coinciding with a Mayoral election except for cause.
(b) Collector of Taxes/Treasurer - There shall be a collector of taxes/treasurer who is appointed by and report to the Mayor for an at will term. To be confirmed by the Town Council in accordance with Section 2-10 (a).
(c) Town Counsel/Attorney - The Mayor may enter into a contractual agreement with an individual or firm to provide legal counsel to the Mayor and the Town of Randolph. To be confirmed by the Town Council in accordance with Section 2-10 (a).
(d) Town Planner: There may be a Town Planner appointed by and reporting to the Mayor for an at-will term. To be confirmed by the Town Council in accordance with Section 2-10 (a).
(e) Bureau Heads and Department Heads: The Mayor shall appoint all Bureau Heads and Department Heads for an at-will term. To be confirmed by the Town Council in accordance with Section 2-10 (a).
(f) Policy Making Bodies: The Mayor shall appoint the members of all multiple member bodies which are policy making in nature, the decisions of which are final, legally binding except for judicial review, if any and not subject to ratification by another town agency. These appointments to be confirmed by the Town Council in accordance with Section 2-10(b) of this Charter. These appointments shall include, but are not limited to:
1) Conservation Commission - 7 members for a 3 year term,
2) Board of Appeals - 7 members for a 3 year term, with 3 alternates for a 1 year term,
3) Board of Health - 5 members for a 3 year term,
4) Planning Board - 5 members for a 3 year term,
5) Design Review Board - 5 members for a 3 year term,
(or any successors to said multiple member bodies).
6) Randolph Housing Authority - There shall be a Randolph Housing Authority consisting of 5 members - 4 members shall be appointed by and report to the Mayor, the fifth member shall be an appointee by the Governor of the Commonwealth. The terms of office shall be 5 years.
7) Registrars of Voters - There shall be a 3-member board of registrars appointed by the Mayor in accordance with Mass General Laws. The term shall be 3 years.
8) Assessors - There shall be a board of assessors consisting of three members for a term of three years, who shall be appointed by and report to the Mayor.
9) Commissioners of the Department of Public Works - There shall be a Board of Public Works consisting of 5 members appointed by and report to the Mayor for a term of three years.
10) Historical Commission - 7 members for 3 years.
(g) Advisory Bodies: The Mayor shall appoint the members of all multiple member bodies, which are advisory in nature and not policy making. These nominations made by the Mayor shall be subject to rejection by the Town Council as provided in section 2-10(c). These appointments shall include, but are not limited to:
1) Local Education Fund Committee - 9 members for a 3-year term
(h) Vacant
(i) Town Employees: The Mayor shall appoint all other Town employees except employees of the Town Council described in section 2-8, School Department, and other elected officials.
SECTION 4-5: REMOVAL OR SUSPENSION OF OFFICIALS
Town Officers, Bureau Heads and Department Heads - Town Officers, Bureau Heads and Department Heads and all other persons appointed by the Mayor serve at the pleasure of the Mayor with no fixed term of office. The Mayor may, in writing, remove or suspend any town officer, Bureau Head, or the head of any town department appointed by the Mayor by filing a written statement, with the Town Clerk, setting forth in precise detail the specific reasons for such removal or suspension. A copy of the written statement shall be delivered in hand, or mailed by certified mail, postage prepaid, to the last known address of the said town officer, bureau or department head. The said town officer, bureau head or department head may make a written reply by filing such a reply statement, with the Town Clerk, within ten days following the date of the statement of the Mayor has been filed; but, such reply shall have no effect upon the removal or suspension unless the Mayor shall so determine. The decision of the Mayor in suspending or removing a town officer or a department head shall be final, it being the intention of this provision to vest all authority and to fix all responsibility for such suspension or removal solely in the Mayor.
SECTION 4-6: TEMPORARY ABSENCE OF THE MAYOR
(a) Acting Mayor - Whenever, by reason of sickness, absence from the town or other cause, the Mayor shall be unable to perform the duties of the office for a period of more than ten successive working days, the president of the Town Council shall be the acting Mayor. In the event of the absence or disability of the president of the Town Council, the vice-president of the Town Council shall serve as acting Mayor.
The Mayor shall, by a letter filed with the Town Council and a copy filed with the Town Clerk, designate a qualified town officer or town employee to serve as acting Mayor during the temporary absence of the Mayor for periods of ten days or less and to serve only when the needs of the town require and only to the extent necessary under the then circumstances.
(b) Powers of Acting Mayor - The acting Mayor shall have only those powers of the Mayor as are indispensably essential to the conduct of the business of the town in an orderly and efficient manner and on which action may not be delayed. The acting Mayor shall have no authority to make any permanent appointment or removal from town service unless the disability of the Mayor shall extend beyond sixty days nor shall an acting Mayor approve or disapprove of any measure adopted by the Town Council unless the time within which the Mayor must act would expire before the return of the Mayor. During any period in which any member of the Town Council is serving as acting Mayor, such councilor shall not vote as a member of the Town Council.
SECTION 4-7: VACANCY IN OFFICE OF MAYOR
(a) Special Election - If a vacancy in the office of Mayor occurs during the first thirty six months of the term for which the Mayor is elected, whether by reason of death, resignation, removal from office, incapacity or otherwise, the Town Council shall forthwith order a special election, to be held within ninety days following the date the vacancy is created, to fill such vacancy for the balance of the then expired term.
(b) Council Election - If a vacancy in the office of Mayor occurs after the first thirty six months of the term for which the Mayor is elected, whether by reason of death, resignation, removal from office, or otherwise, the president of the Town Council shall become the Mayor. Upon the qualification of the president of the Town Council as the Mayor, under this section, a vacancy shall exist in that council seat on the Town Council, which shall be filled in the manner provided in section 2-11. If the council president shall for any reason decline to serve as acting Mayor the Town Council shall, forthwith, by majority vote, select a Mayor from among its members.
(c) Powers, Term of Office - A Mayor chosen pursuant to section 4-7(b), above, shall serve only until the time of the next regular election at which time the person elected to fill the office for the ensuing term of office, shall upon qualification, serve, in addition, for the balance of the then unexpired term.
ARTICLE 5
FINANCE AND FISCAL PROCEDURES
SECTION 5-1: FINANCIAL PROJECTIONS
Annually, on or before the first day of November, the Mayor, with the assistance of the Director of Administration and Finance, shall prepare and develop long range financial projections for the town that include actual revenues and expenditures for the preceding fiscal year, estimated revenues and expenditures for the current fiscal year, projected revenues and expenditures for at least the next three fiscal years, an identification of each factor which the Mayor believes is likely to have an impact on the financial condition of the town during such period, revenue trends in state distributions and in local receipts, potential sources of new or expanded revenues, new or expanded cost items, a summary statement of the fiscal condition of the town at the end of each year during the period reported on and a recommendation for actions to be taken to minimize any adverse affects upon the town and to maximize favorable trends.
Revenue and expenditure projections shall be clearly stated and their basis explained, the report should specifically identify and explain any policies related to the use, retention or accumulation of any reserves. The financial projection report shall provide the basis for the spending guidelines promulgated by the Mayor to guide spending agencies in the preparation of spending requests for the ensuing fiscal year.
SECTION 5-2: SCHOOL COMMITTEE BUDGET
(a) Submission to The Mayor - The proposed budget adopted by the School Committee shall be submitted to the Mayor on or before the first Monday in February, to allow the Mayor sufficient time within which to consider the effect the school department's requested appropriation will have upon the total town operating budget. The Mayor is required to consider the school budget as submitted but may make specific recommendations for changes, by decreasing or increasing requested appropriations, and to return the proposed budget back to the School Committee for reconsideration within fifteen days. The School Committee is required to consider the Mayors recommendations and shall submit a second budget to the Mayor within fifteen days. The schools second budget submittal may or may not reflect the suggested changes. The action of the School Committee in adopting the proposed budget, following the public hearing, shall be summarized and the results of a roll call vote taken on each amendment to the proposed budget as may be offered shall be recorded. If the School Committee has not submitted proposed operating budget for the schools within the time and in the manner provided in this section, the Mayor shall in such circumstance prepare the proposed operating budget.
(b) Public Hearing - At least twenty-one days before the meeting at which the School Committee is scheduled to vote on its final budget request, for submission to the Mayor in accordance with the paragraph above. The School Committee shall cause to be published in a local newspaper a general summary of its proposed budget. The summary shall specifically indicate any major variations from the current budget and the reasons for such changes. The notice shall further indicate the times and places at which complete copies of the proposed budget are available for examination by the public, and it shall indicate the date, time and place, (not less than seven nor more than fourteen days following such publication), when a public hearing will be held by the School Committee on the proposed budget. The School Committee shall not take its final vote on its proposed budget until all persons who desire to be heard concerning the budget proposal have had a reasonable opportunity to be heard.
SECTION 5-3: SUBMISSION OF BUDGET AND BUDGET MESSAGE
Annually on the first Monday in April the Mayor, shall submit to the Town Council a proposed operating budget that is balanced, for the ensuing fiscal year with an accompanying budget message and supporting documents. The Director of Administration and Finance shall prepare for the public a general summary and analysis of the proposed budget. The summary shall specifically indicate any major variations from the current operating budget and the reason for such changes. The Director of Administration and Finance's summary shall be publicized in a local newspaper and this notice shall further indicate the times and places at which complete copies of the proposed operating budget for the town are available for examination by the public. If the Mayor has not submitted a proposed operating budget within the time and in the manner provided in this section the Town Council may, in such circumstance, prepare its own proposed operating budget.
SECTION 5-4: BUDGET MESSAGE / STATE OF THE TOWN ADDRESS
On the first Monday in April the Mayor shall give the state of the town address. In such a forum and form as prescribed in section 5-4a.
The Mayors' message shall explain the budget both in fiscal terms and in terms of the work programs linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the town for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the town's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the Mayor deems desirable. At this time the Mayor shall cause to be delivered to the President of the Council or designee the proposed operating budget.
(a) The State of the Town Address Protocol - The Mayor shall cause to be gathered in a suitable public place all elected and appointed officials of the town. The Mayor shall in a suitable fashion, hand deliver the official Mayors budget proposal, Blue Book, to the President of the Town Council and The Chairman of the School Committee. The Mayor shall at this time deliver an address to the citizenry of Randolph.
SECTION 5-5: THE BUDGET
The budget shall provide a complete financial plan of all town funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the Mayor deems desirable or the Town Council may require for effective management and an understanding of the relationship between the budget and the town's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections:
(1) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by Bureau, and program, purpose or activity, and the method of financing such expenditures, and methods to measure outcomes and performance related goals;
(2) Proposed longer term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by bureau, department or by other high level organization unit when practicable, the proposed method of financing each such capital expenditure and methods to measure outcomes and performance related to the goals; and
(3) The proposed goals, anticipated income and expense, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the town and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, exclusive of reserves.
SECTION 5-6: ACTION ON THE BUDGET
(a) Public Hearing - Forthwith upon its receipt of the proposed operating budget the Town Council shall provide for the publication in a local newspaper of a notice stating the time and place, not less than seven nor more than fourteen days following such publication, at which it will hold a public hearing on the proposed operating budget as submitted by the Mayor.
(b) Review - The Town Council shall consider, in open public meetings, the detailed expenditures proposed for each town agency and may confer with representatives of each such agency in connection with its review and consideration. The Town Council may require the Mayor, 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 operating budget.
(c) Action by Town Council - The Town Council shall adopt the budget, with or without amendments, within sixty days following the date the proposed budget was received by it or general law may provide such other period as. In amending the budget the Town Council may delete or decrease any programs or amounts, except expenditures required by law or for debt service. But, if the Town Council fails to take any action with respect to any item in the proposed budget within sixty days following the date of its receipt of the proposed budget, such amount shall, without any action by the Town Council, become a part of the appropriations for the ensuing fiscal year and shall be available for the purposes specified.
SECTION 5-7: SUPPLEMENTARY BUDGETS, OTHER APPROPRIATIONS
(a) Intradepartmental Transfers - With the approval of the Mayor, funds appropriated for one line item within the appropriation made for a particular town agency may be transferred to another line item within the same town agency or another town agency within the same bureau. Whenever such a transfer is authorized by the Mayor notice of the transfer and the circumstances under which such transfer was deemed advisable, shall be filed with the Clerk of the Town Council.
(b) Interdepartmental Transfers - With the approval of the Town Council funds appropriated for the use within one town bureau may be transferred for the use within another town bureau. Requests for the transfer of funds from one town agency to another shall be made by the Mayor, in writing, to the Town Council and shall include a statement setting forth the reason the additional funds are needed by the agency to which it is proposed they be transferred. The Town Council shall, by ordinance, provide a procedure governing such requests, which shall include at least two readings and a public hearing by the Town Council, and it shall specify the circumstances under which notice by publication in a newspaper shall be required.
(c) Appropriation - Whenever the Mayor shall submit to the Town Council a request for a new appropriation of any sum of money, either as a supplement to some item in the annual operating budget or for an item, or items, not included in the annual operating budget as adopted, the Town Council shall not act upon such request until it has (1) given public notice of the request, and (2) held a public hearing concerning such request. The Town Council shall, by ordinance, determine the level of appropriation request above which amount newspaper publication will be required and below which amount posting on the town bulletin boards will be sufficient.
SECTION 5-8: ALLOTMENTS
On or before August first of each year, or within ten days after the approval by the Town Council of the annual appropriation order for such fiscal year, whichever shall occur later, the town officials in charge of departments or agencies including the superintendent of schools for the school department, shall submit to the Director of Administration and Finance, with a copy to the Town Clerk, in such form as the Director of Administration and Finance may prescribe, an allotment schedule of the appropriations of all categories included in said budget, indicating the amounts to be expended by the department or agency for personnel and for every other budget category during each of the fiscal quarters of said fiscal year, or such shorter time periods as the Director of Administration and Finance, may prescribe.
Whenever the Director of Administration and Finance determines that any department or agency including the school department, will exhaust or has exhausted its quarterly or shorter time period allotment and any amounts unexpended in previous periods, the Director of Administration and Finance shall give notice in writing to such effect to the department head, the Mayor, and to the Town Clerk who shall forthwith transmit the same to the Town Council. Upon such a determination and notice thereof, the Director of Administration and Finance shall provide such officers additional reports on at least a monthly basis indicating the status of such accounts.
The Mayor, within seven days after receiving such notice, shall determine whether to waive or to enforce such allotment. If the allotment for such period is waived or is not enforced, as provided above, the department or agency head shall reduce the subsequent period allotments appropriately. If the allotment for such period is enforced or not waived, thereafter the department, on a schedule to be approved by the Director of Administration and Finance, shall so adjust expenditures to eliminate the deficit. All actions, notices, and decisions provided for in this section shall be transmitted to the Town Council and the Town Clerk within seven days.
SECTION 5-9: CAPITAL IMPROVEMENT PROGRAM
The Mayor shall submit a capital improvement program to the Town Council on or before the first of December before the start of each fiscal year. It shall include:
1. A clear and concise general summary of its contents;
2. A list of all capital improvements proposed to be undertaken during the next ensuing five years, with supporting information as to the need for each capital improvement; cost estimates, methods of financing and recommended time schedules for each improvement; and,
3. 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 Mayor and the Director of Administration and Finance with regard to the capital improvements still pending or in the process of being acquired, improved or constructed.
SECTION 5-10: INDEPENDENT AUDIT
The Town Council shall annually provide for an outside audit of the books and accounts of the town to be made by a certified public accountant, or a firm of certified public accountants, who have no personal interest, direct or indirect, in the fiscal affairs of the town or any of its officers. The Mayor shall annually provide a sufficient sum of money to conduct the audit. The award of a contract to audit shall be made by the Town Council on or before September fifteenth of each year. A standing committee of the council shall be assigned to coordinate the work of the individual or firm selected with the town officials. The report of the audit shall be filed in final form with the Town Council not later than March first in the year following its award.
SECTION 5-11: FORENSIC AUDIT
The Town Council may upon evidence of accounting irregularities choose to employ an individual or firm to conduct a forensic audit to determine the scope of the irregularities. This position shall be temporary in nature and be for a specific purpose. These actions shall require a super majority vote of the Town Council. All findings of such forensic audit shall be made available to the public upon completion of said audit providing it does not conflict with any investigation or general law to the contrary.
ARTICLE 6
ADMINISTRATIVE ORGANIZATION
SECTION 6-1: ORGANIZATION OF TOWN AGENCIES
The organization of the town into operating bureaus or agencies for the provision of services and the administration of the government may be accomplished only through an organization, or reorganization, plan submitted by the Mayor to the Town Council. No organization plan may originate with the Town Council.
The Mayor may, subject only to express prohibitions in a general law, or this Charter, propose to establish, reorganize, consolidate or abolish any town agency in whole or in part. No services or functions assigned by this Charter to a particular bureau may be discontinued or assigned to any other bureau unless this Charter so provides.
Every organization or reorganization plan submitted by the Mayor pursuant to this provision shall contain a proposed ordinance which sets out, in detail, such amendments, insertions, revisions, repeals or otherwise of existing ordinances as may be necessary to accomplish the desired reorganization. Such reorganization plan and proposed ordinance shall be accompanied by a message of the Mayor, which explains the benefits expected to ensue.
Whenever the Mayor proposes such a plan the Town Council 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 public hearing will be held, not less than seven nor more than fourteen days following said publication.
An organization or reorganization plan shall become effective at the expiration of sixty days following the date the proposal is submitted to the Town Council unless the Town Council shall, by a super majority vote, within such period vote to disapprove the plan. The Town Council may vote only to approve or to disapprove the plan and may not vote to amend or to alter it.
Upon acceptance of this Charter the organization plan of the Town of Randolph shall be adopted according to the attached flow chart referenced as Article 10.
SECTION 6-2: BOARD OF LICENSE COMMISSIONERS
The Board of License Commissioners shall be The Town Council. The Council shall have the power to issue licenses for inn holders or common victuallers, the powers of a licensing board appointed under section four of chapter one hundred and thirty-eight of the General Laws, shall be the licensing authority for the purposes of chapter one hundred and thirty-eight and chapter one hundred and forty of the General Laws and which shall have all of the other powers with respect to licenses which prior to the adoption of the home rule Charter were exercised by the Board of Selectmen. The board of licensing commissioners may grant licenses relating to alcoholic beverages under chapter one hundred and thirty-eight of the General Laws and those licenses under chapter one hundred and forty of the General Laws which are not, by the provisions of said chapter, placed within the jurisdiction of another town officer or agency, and it shall have all the powers and duties of a licensing authority under said chapters.
The Town Clerk, the inspector of buildings, the director of public health, the fire chief, the police chief, and the tax collector (or persons performing similar duties under any other title) shall advise the council and may sit in on the council hearings without additional compensation.
SECTION 6-3: BUREAU OF ADMINISTRATION AND FINANCE
1. Establishment, Scope - There shall be a consolidated dept of administration and finance as provided by MGL Chapter 43C Section 11. There shall be a Director of Administration and Finance who shall be appointed by and be responsible to the Mayor, the director of administration and finance to serve, ex-officio, as the accountant, auditor, comptroller, treasurer/collector, assessors and procurement officer of the town, provided, however, that no director of administration and municipal finance shall serve, ex-officio as both accountant, auditor or comptroller and treasurer/collector.
2. Director of the Bureau of Administration and Finance - The Bureau of administration and finance shall assume all of the duties and responsibilities related to but need not be limited, to the following:
(i) coordination of financial services and activities
(ii) maintenance of all accountant records and other financial statements,
(iii) payment of all obligations,
(iv) receipt of all funds due,
(v) assistance to all other town departments and offices in any matter related to financial affairs,
(vi) monitoring of all funds, including periodic reporting to appropriate agencies on the status of accounts,
(vii) supervision of all purchases of all goods, materials and supplies, and maintenance of inventory controls
(viii) supervision of all data processing facilities and
(ix) any other matter relating to municipal finance as may be determined necessary or desirable,
(x) With respect to the school business office, the school business manager shall be appointed by and be an employee of the School Committee. The school business manager shall carry out directives of the School Committee as they relate to various programs, the transfers of money from various accounts as long as the directives are in keeping with proper accounting procedures as directed by the Director of Administration and Finance, Dept. of Revenue and the Dept. of Education
3. Delegation of Authority - The Director of Administration and Finance may authorize any subordinate officer or employee to exercise any power or perform any function or duty which is assigned to the office of the Director of Administration and Finance, provided, however, that all acts performed under any such delegation shall at all times be deemed to be the acts of the Director of Administration and Finance.
The bureau of administration and finance may be restructured in accordance with Section 6-1 of this Charter.
SECTION 6-4: BUREAU OF PUBLIC SAFETY
1. Establishment, Scope
There shall be a bureau of public safety. The bureau of public safety shall consist of the civil defense department, the police department, the fire department, the auxiliary police department, the animal control officer/inspector and the field driver.
2. Director of the Bureau of Public Safety - The Mayor shall serve as the head of the bureau of public safety.
The bureau of public safety may be restructured in accordance with Section 6-1 of this Charter.
SECTION 6-5: BUREAU OF PARKS and PUBLIC WORKS
1. Establishment, Scope- There shall be a department of public works responsible for the performance of all public works related functions and activities of the town. The department of public works shall be organized as pursuant to Chapter 460 of the acts of 1989 except where referenced below:
(a) The currently elected by virtue of chapter 460 of the Acts of 1989 members shall upon effective date of this Charter be appointed members, except as provided in subsection 8 of section 9-6.
(b) Strike word Division in any reference in the act.
2. Director of the Bureau of Parks and Public Works - The Bureau of Parks and Public Works shall be under the direct control and supervision of a director of parks and public works who shall be appointed by and who shall be responsible to the Mayor. The director of parks and public works shall serve for an at-will term. The director of parks and public works shall be a person especially fitted by education, training, experience, and previous experience and training to perform the duties of the office. The director of parks and public works shall be responsible for the supervision and coordination of all activities of the department of public works in accordance with state statutes, town ordinances, administrative code and rules and regulations. Notwithstanding, the director of parks and public works shall with the approval of the Mayor organize/and utilize all resources, within the bureau to maximize the efficient delivery of services.
This bureau may be restructured in accordance with Section 6-1 of this Charter.
SECTION: 6-6 BUREAUS OF SOCIAL SERVICES
1. Establishment, Scope - There shall be a bureau of social services, which shall be responsible for the planning, and coordination of all social service related activities of the town. The bureau of social services shall be responsible for the coordination of all of the duties and responsibilities related to the delivery of social services which prior to the adoption of this home rule Charter were performed by or under the authority of the Veterans department, elderly department, youth commission, recreation department, fair housing officer, and the board of public health (except the issuance of food establishment permits, milk permits, and the responsibilities of the code enforcement officer, when not in conflict) and it may have additional powers, duties and responsibilities with respect to the delivery of social services activities as may from time to time be provided by general law, special law or ordinance. The bureau of social services shall for the purpose of coordinating budgeting only shall also encompass the Turner Free Library.
2. Director of the Bureau of Social Services- The bureau of social services shall be under the direct control and supervision of a director of social services who shall be appointed by and who shall be responsible to the Mayor. The director of social services shall serve for an at-will term. The director of social services shall be a person especially fitted by education, training, experience, and previous experience and training to perform the duties of the office. The director of social services shall be responsible for the supervision and coordination of all activities of the bureau of social services in accordance with state statutes, general laws, special laws and ordinances.
(a) Turner Free Library shall be run by the Trustees in accordance with the deed dated April 2nd, 1875 signed and delivered by Seth Turner, Royal W. Turner, Mary B. Turner, Abby W. Turner and Anne M. Sweetser.
The operating budget and all town-funded capital expenditures shall be coordinated through the director of social services.
This bureau my be restructured in accordance with Section 6-1
SECTION 6-7: BUREAU OF INSPECTIONAL SERVICES AND COMMUNITY DEVELOPMENT
1. Establishment, Scope- Within the bureau of inspectional services and community development there shall be a department of inspectional services and a department of planning and community development.
2. Department of Inspectional Services - There shall be a department of inspectional services responsible for the coordination of all building and land use related permits functions. The department of inspectional services shall be responsible for the coordination of all of the duties and responsibilities related to inspectional services which prior to the adoption of this home rule Charter were performed by or under the authority of the building department, wire inspector, plumbing and gas inspector, milk inspector, board of health, fence viewer, sealer of weights and measures, and code enforcement officer and it may have such additional powers, duties and responsibilities with respect to inspectional services as may from time to time be provided by general law, special law or ordinance.
3. Department of Planning and Community Development - There shall be a department of planning and community development responsible for the coordination of all the planning and development related activities of the town. The department of planning and community development shall be responsible for the coordination of all of the duties and responsibilities related to planning and development activities which prior to the adoption of this home rule Charter were performed by or under the authority of the planning board, conservation commission, historical commission, design review board, handicap commission, business and industrial commission, and the board of appeals and it may have such additional powers, duties and responsibilities with the respect to the coordination of planning and development related functions and activities as may from time to time be provided, by general law, special law or ordinance. Such ordinance may include in its scope the coordination of all land acquisition and land management proposals, economic development planning, community development block grants, the preparation of a comprehensive master plan and maintenance of a centralized source of computerized and paper records, reports, statistical data and other planning and development related materials.
4. Director of the Bureau of the Inspectional Services and Community Development - The bureau of inspectional services and community development shall be under the direct control and supervision of a director of planning and community development who shall be appointed by and who shall be responsible to the Mayor. The director of planning and community development shall serve for an at-will term. The director of planning and community development shall be a person especially fitted by education, experience and training to perform the duties of the office. The director of planning and community development shall be responsible for the supervision and coordination of all activities of the department of planning and community development as well as all activities of the department of inspectional services in accordance with state statutes, general and special laws town ordinances, and rules and regulations.
This bureau may be restructured in accordance with section 6-1.
SECTION 6-8: BUREAU OF HUMAN RESOURCES
1. Establishment, Scope- There shall be a bureau of human resources, which shall be responsible for all personnel, and employee related functions and activities of the town government and its administration. The bureau of human resources shall assume all of the duties and responsibilities related to human resources activities which prior to the adoption of this home rule Charter were performed by or under the authority of the Board of Selectmen, town accountant, town collector, Town Clerk, personnel board, department of public works, building commissioner, board of health, turner library, and the heads of all town agencies, departments, boards, committees, and commissions and it may have such additional powers, duties and responsibilities with respect to human resources related functions and activities as the town may from time to time provide by ordinance.
2. Director of the Bureau of Human Resources - A director of human resources who shall be appointed by and who shall be responsible to the Mayor shall head the bureau of human resources. The director of human resources shall serve for an at-will term. The director of human resources shall be a person especially fitted by education, experience and training to perform the duties of the office. The director of human resources shall be responsible for the supervision and coordination of all activities of the department of human resources in accordance with statutes, town ordinances and rules and regulations.
This bureau may be restructured in accordance with section 6-1.
ARTICLE 7
ELECTIONS; ELECTION RELATED MATTERS
SECTION 7-1: TOWN ELECTIONS; GENERAL
The regular town election shall be held on the first Tuesday following the first Monday in November of bi-annual year, in odd numbered years between regular state elections for state offices.
In any year when there are more than three candidates completing the requirements to place their name in nomination for the position of Mayor, a preliminary election shall be held on the first Tuesday following the first Monday in September. Preliminary elections shall be held in the town of Randolph only for the office of mayor.
SECTION 7-2: PRECINCTS AND DISTRICTS
The territory of the town shall be divided into four districts so established as to consist of as nearly an equal number of inhabitants as it is possible to achieve based on compact and contiguous territory, bounded insofar as possible by the center line of known streets or ways or by other well defined limits. Each such district shall be composed of voting precincts established in accordance with sections one through ten of chapter fifty-four of the General Laws. The Town Council shall from time to time, but at least once in each ten years, review such districts to insure their uniformity in number of inhabitants. The Town Council shall approve district boundaries by a simple majority subject to the approval of the Mayor. The Town Council may override a veto of the Mayor by a simple majority. Until the town council establishes new districts or otherwise takes actions with respect to districts, the town councilor districts shall be as follows:-
District 1: Precincts 1 and 2 as existing at the time of this charter takes effect pursuant to section 9-7 of this charter;
District 2: Precincts 3 and 4 as existing at the time of this charter takes effect pursuant to section 9-7 of this charter;
District 3: Precincts 5 and 6 as existing at the time of this charter takes effect pursuant to section 9-7 of this charter; and
District 4: Precincts 7 and 8 as existing at the time of this charter takes effect pursuant to section 9-7 of this charter.
SECTION 7-3: APPLICATION OF STATE LAWS
Except as expressly provided in the Charter and authorized by statute, all town elections shall be governed by applicable laws of Commonwealth and of the United States relating to the right to vote, the registration of voters, the nomination of candidates, the conduct of preliminary and regular elections, the submission of Charter amendments and other propositions, the counting of votes and the declaration of results.
SECTION 7-4: FREE PETITIONS
(a) Individual Petitions, Action Discretionary - The Town Council and the School Committee shall receive all petitions presented to them and may, in their discretion, take such action with regard to such petitions as they deem necessary and appropriate.
(b) Group Petitions; Action Required - The Town Council or the School Committee, as the case may be, shall hold a public hearing and act by taking a vote on the merits of every petition which is addressed to it and which is signed by at least fifty registered voters. The hearing shall be held by the Town Council or the School Committee, or, in either case, by a committee or subcommittee thereof and the action by the Town Council or School Committee shall be taken not later than three months after the petition is filed with the clerk. Hearings on two or more petitions filed under this Section may be held at the same time and place. The clerk shall mail notice of the hearing to ten petitioners whose names first appear on each petition at least seven days before the hearing. Notice by publication at least seven days prior to all such hearings shall also be made, and shall be at public expense. No hearing shall be heard upon any one subject more than once in any given twelve month period.
SECTION 7-5 CITIZEN INITIATIVE MEASURES
(a) Commencement - Initiative procedures shall be started by the filing of a proposed initiative petition with the Clerk of the Town Council or the secretary of the School Committee, as the case may be. The petition shall be addressed to the Town Council or to the School Committee, shall contain a request for the passage of a particular measure which shall be set forth in full in the petition, and shall be signed by at least fifty registered voters. The petition shall be accompanied by an affidavit signed by ten registered voters and containing their residential address stating they will constitute the petitioners committee and be responsible for circulating the petition and filing it in proper form.
(b) Referral to Town Attorney. - The Clerk of the Town Council or the Secretary of the School Committee, as the case may be, shall forthwith following receipt of each such proposed petition deliver a copy of the petition to the town attorney. The town attorney shall, within fifteen days following receipt of a copy of the petition, in writing, advise the Town Council or the School Committee, as may be appropriate, whether the measure as proposed may lawfully be proposed by the initiative process and whether, in its present form it may be lawfully adopted by the Town Council or the School Committee. If the opinion of the town attorney is that the measure is not in proper form the reply shall state the reasons for such opinion, in full. A copy of the opinion of the town attorney shall also be mailed to the person designated as clerk of the petitioners committee.
(c) Submission to Town Clerk - If the opinion of the town attorney is that the petition is in a proper form the Town Clerk shall provide blank forms for the use of subsequent signers, and shall print at the top of each blank a fair, concise summary of the proposed measure, as determined by the town attorney, together with the names and addresses of the first ten registered voters who signed the originating petition. Within thirty days following the date the blank forms are issued by the Town Clerk the petitions shall be returned and filed with the Town Clerk signed by at least five per cent of the total number of registered voters as of the date of the most recent town election. Signatures to an initiative petition need not all be on one paper, but all such papers pertaining to any one measure shall be fastened together and shall be filed as a single instrument, with the endorsement thereon of the name and residence address of the person designated as filing the same. With each signature on the petition there shall also appear the street and number of the residence of each signer.
Within ten days following the filing of the petition the board of registrars of voters shall ascertain by what number of voters the petition has been signed, and what percentage that number is of the total number of voters as of the date of the most recent town election. The Town Clerk shall attach to the petition a certificate showing the results of their examination and shall return the petition to the Clerk of the Town Council, or the secretary of the School Committee, according to how the petition is addressed. A copy of the board of registrars of voter's certificate shall also be mailed to the person designated as clerk of the petitioners committee.
(d) Action on Petitions - Within thirty days following the date a petition has been returned to the Clerk of the Town Council, or the Secretary of the School Committee, and after publication in accordance with the provisions of Section 2-9(c), the Town Council or the School Committee shall act with respect to each initiative petition by passing it without change, by passing a measure which is stated to be in lieu of the initiative measure, or by rejecting it. The passage of a measure, which is in lieu of an initiative measure, shall be deemed to be a rejection of the initiative measure. If the Town Council or the School Committee fails to act with respect to any initiative measure, which is presented, to it within thirty days following the date it is returned to it, the measure shall be deemed to have been rejected on such thirtieth day. If an initiative measure is rejected, the Clerk of the Town Council, or the Secretary of the School Committee, shall promptly give notice of that fact to the person designated as the clerk of the petitioners committee, by certified mail.
(e) Supplementary Petitions - Within sixty days following the date an initiative petition has been rejected, a supplemental initiative petition may be filed with the Clerk of the Town Council or the secretary of the School Committee, but only by persons constituting the original petitioners committee. The supplemental initiative petition shall be signed by a number of additional voters, that is equal to ten percent of the total number of registered voters as of the date of the most recent town election. Such supplemental petitions shall comply with the form of signatures and timing of certification of signatures set forth in section 7-5(c) of this charter. If the number of signatures to such supplemental petition is found to be sufficient by the Town Clerk, the Town Council shall call a special election to be held on a date fixed by it not less than thirty-five nor more than ninety days following the date of the certificate of the Town Clerk (for the board of registrars of voters) that a sufficient number of voters have signed the supplemental initiative petition and shall submit the proposed measure, without alteration, to the voters for determination; provided, however, if any other town election is to be held within one hundred and twenty days following the date of the said certificate, the Town Council may omit the calling of such special election and cause said question to appear on the election ballot at such approaching election for determination by the voters.
(f) Publication - The full text of any initiative measure which is submitted to the voters shall be published in a local newspaper not less than seven nor more than fourteen days preceding the date of the election at which such question is to be voted upon. Additional copies of the full text shall be available for distribution to the public in the office of the Town Clerk.
(g) Form of Question - The ballots used when voting on a measure proposed by the voters under this Section shall contain a question in substantially the following form:
Shall the following measure, which was proposed by an initiative petition, take effect?
(Here insert a fair, concise summary prepared by the petitioners, and approved by the Town Attorney.)
( YES )
( NO )
(h) Time of Taking Effect - If a majority of the votes cast on the question is in the affirmative, the measure shall be deemed to be effective forthwith, unless a later date is specified in such measure.
SECTION 7-6: REFERENDUM PETITION; EFFECT ON FINAL PASSAGE
If, within twenty-one days after the final passage of any measure, a petition signed by voters equal in number to at least three per cent of the total number of voters, and addressed to the Town Council or to the School Committee, as the case may be, protesting against such measure or any part thereof taking effect, is filed with the Town Clerk, the same shall thereupon and thereby be suspended from taking effect; and the Town Council or the School Committee, as the case may be, shall immediately reconsider such measure or part thereof; and if such measure or part thereof is not entirely rescinded the Town Council shall submit the same, by the method herein provided, to a vote of the voters either at the next regular town election, or at a special election which may, in its discretion, be called for the purpose and such measure or part thereof shall forthwith become null and void unless a majority of the voters voting on the same at such election vote in favor thereof.
SECTION 7-7: MEASURES NOT SUBJECT TO INITIATIVE AND REFERENDUM
Measures which include the following subject matter shall not be subject to initiative and referendum procedures: (a) borrowings of the town; (b) appropriations for the payment of debt or debt service; (c) internal operational procedures of the Town Council and the School Committee; (d) emergency measures; (e) the Town budget as a whole or the School Committee budget as a whole; (f) appropriation of funds to implement a collective bargaining agreement; (g) procedures relating to election, appointment, removal, discharge or any other personnel action; and (h) proceedings providing for the submission or referral of a matter to the voters at an election.
SECTION 7-8: SUBMISSION OF PROPOSED MEASURE TO VOTERS
The Town Council may, of its own motion, and shall, upon request of the School Committee if a measure originates with that committee and pertains to the affairs under its administration, submit to a vote of the voters for adoption or rejection at a general or special town election any proposed measure, or a proposition for the repeal or amendment of any measure.
SECTION 7-9: MEASURES WITH CONFLICTING PROVISIONS
If two or more proposed measures passed at the same election contain conflicting provisions, only the one receiving the greater number of affirmative votes shall take effect.
SECTION 7-10: RECALL OF ELECTED OFFICE HOLDERS
(a) Application - Any holder of an elected office in the town, with more than six months remaining in the term of office for which the officer was elected, may be recalled by the voters of the town in the manner provided in this section. No recall petition shall be filed against an officer within six months after taking office.
(b) Recall Petition - A recall petition may be initiated by the filing of an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall, provided that, the affidavit is signed by at least six hundred voters for an officer elected at large and one hundred fifty voters residing within a district for an officer elected from such district.
The Town Clerk shall thereupon deliver to said voters making the affidavit, copies of petition blanks demanding such recall, copies of which printed forms the Town Clerk shall keep available. Such blanks shall be issued by the Town Clerk, with signature and official seal attached thereto. They shall be dated, shall be addressed to the Town Council and shall contain the names of all the persons to whom they are issued, the number of blanks so issued, the name of the person whose recall is sought, the office from which removal is sought and the grounds of recall as stated in the affidavit. A copy of the petition shall be entered in a record book to be kept in the office of the Town Clerk. Said recall petition shall be returned and filed with the Town Clerk within ten days after the filing of the affidavit, and shall have been signed by at least ten per cent of the registered voters of the town for any officer elected at large and of the district in the case of an officer elected from a district.
The Town Clerk shall forthwith submit the petition to the registrars of voters in the town, and the registrars shall, within five working days, certify thereon the number of signatures, which are names of registered voters of the town.
(c) Recall Election - If the petition shall be found and certified by the Town Clerk to be sufficient, the Town Clerk shall submit the same with such certificate to the Town Council within five working days, and the Town Council 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 five days thereafter, order an election to be held on a date fixed by them not less than 64 and not more than 90 days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within ninety days after the date of the certificate the Town Council shall postpone the holding of the recall election to the date of such other election.
If a vacancy occurs in said office after a recall election has been ordered, the election shall not proceed as provided in this section.
(d) Office Holder - The incumbent shall continue to perform the duties of the office until the recall election. If said incumbent is not recalled, the incumbent shall continue in office for the remainder of the unexpired term subject to recall as before. If recalled the officer shall be deemed removed and the office vacant. The vacancy created thereby shall be filled in accordance with this Charter. Any person appointed to fill the vacancy caused by such recall shall hold office for the unexpired term of the officer recalled.
(e) Ballot Proposition - The form of the question to be voted upon shall be substantially as follows:
"Shall (here insert the name and title of the elective officer whose recall is sought) be recalled?"
If a majority of the votes cast upon the question of recall is in the affirmative, such elected officer shall be recalled.
No recall election shall be effective unless at least twenty percent of those entitled to vote shall have voted.
(f) Repeat of Recall - In the case of an officer subjected to a recall election and not recalled thereby, no recall petition shall be filed against such officer until at least sixty days after the election at which the officer's recall was submitted to the voters of the town.
(g) Office Holder Recalled - No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against such person, shall be appointed to any town office within one year after such recall or such resignation.
SECTION 7-11: OPEN MEETING OF THE VOTERS
(a) Scheduled Meetings - The Town Council shall conduct at least two open, public forums during the course of each year, one to be held in the fall, during the period between Labor Day and Christmas, shall be primarily concerned with the level of public satisfaction with the delivery of services by the town, and one to be held in the spring, during the period from President's Day to Memorial Day, shall be primarily concerned with matters of budget and finance.
The forums shall be held for the purpose of providing an opportunity for voters and non-resident taxpayers to bring to the attention of their elected officers problems they believe are not being addressed, or not being properly addressed, and to offer proposed solutions to these and other problems facing the community.
The forums shall be held and conducted following the style and format of an open town meeting. The Mayor shall preside, regulate the proceedings and decide all questions of order. All elected and appointed officials of the town shall attend, unless excused by the Mayor, in order that they might be available to respond to questions raised by the public and that they might hear comments, criticisms and suggestions made with respect to areas within the scope of their responsibilities.
The forum shall be held in a place convenient for the public and at least two week's notice shall be given by newspaper advertisement and such other methods as are deemed to be necessary or desirable. The notice shall state the date, time and place at which each forum will be held.
(b) Meetings on Petition of Voters - The Town Council shall call public forum meetings of the voters of the town upon the receipt of a written request that a meeting of the voters be called and setting forth the specific purposes for which the meeting is requested, and signed by three hundred, or more voters. The Mayor or other designee of the Town Council shall preside and regulate the proceedings of such meetings. The Mayor shall cause the attendance of town officials and employees necessary to respond to the issues and concerns raised by petitioners.
ARTICLE 8
GENERAL PROVISION
SECTION 8-1: CHARTER REVISION OR AMENDMENT
The Charter may be replaced, revised or amended by a Home Rule Petition or in accordance with any procedure made available by Article 2, section 8 of the Amendments to the Constitution of the Commonwealth and any laws of the Commonwealth enacted to implement said constitutional amendment.
SECTION 8-2: SEVERABILITY
The provisions of this Charter are severable. If any of the provisions of this Charter are held to be unconstitutional, or invalid, the remaining provisions of this Charter shall not be affected thereby. If the application of this Charter, or any of its provisions, to any person or circumstances is held to be invalid, the application of said Charter and its provisions to other persons or circumstances should not be affected thereby.
SECTION 8-3: RULES OF INTERPRETATION
The following rules shall apply when interpreting the Charter:
(a) Specific Provisions to 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.
(b) Number and Gender - Words imparting the singular number may extend and be applied to several persons or things; words imparting the plural number may include the singular; words imparting the masculine gender shall include the feminine gender.
(c) Computation of Time - In computing time under the Charter, if seven days or less, only business days, not including Saturdays, Sundays, or legal holidays shall be counted; if more than seven days, every day shall be counted.
SECTION 8-4: RULES AND REGULATIONS
A copy of all rules and regulations adopted by any town agency shall be placed on file in the office of the Town Clerk and shall be available for review by any person who requests such information at any reasonable time. No rule or regulation adopted by any town agency shall become effective until five days in addition to any other applicable law following the date it is so filed.
SECTION 8-5: PERIODIC REVIEW OF CHARTER AND ORDINANCES
(a) Review of Ordinances - The Town Council shall provide, at five-year intervals, in January of each year ending in a four or in a nine, for a review of all town ordinances for the purpose of determining if any amendments or revisions may be necessary or desirable. Such review shall be conducted under the supervision of the town attorney, or, if the Town Council so directs by special counsel chosen for that purpose. A report, with recommendations, shall be submitted to the Town Council within nine months following the establishment of the committee.
(b) Review of Charter - The Town Council shall provide, at ten-year intervals, in January of each year ending in a four, for a review of the town Charter for the purpose of determining if any amendments or revisions may be necessary or desirable. Such review shall be conducted under the supervision of the town attorney, or, if the Town Council so directs by special counsel chosen for that purpose. A report, with recommendations, shall be submitted to the Town Council within nine months following the establishment of the committee. The committee appointed to review the town ordinances might be assigned this additional responsibility.
(c) Establishment of a Review Committee - In order to carry out the review as directed in Section 8-5(a)(b). The Town Council shall appoint a committee of seven member who shall be coordinated by the Town Attorney or Special Council.
SECTION 8-6: UNIFORM PROCEDURES GOVERNING MULTIPLE MEMBER BODIES
All multiple member bodies of the town, whether elected, appointed or otherwise constituted, shall meet regularly at such times and places as they may, by their own rules prescribe, unless some other provision is made by ordinance or by law. Special meetings of any multiple member body shall be held on the call of the chairman or by one-third of the members thereof by written notice delivered in hand or to the place of residence of each member at least forty-eight business day hours in advance of the time set, which shall contain notice of the subjects to be acted upon. A copy of the said notice shall also be posted on the town bulletin board. Except as may otherwise be authorized by law, all meetings of all multiple member bodies shall at all times be open to the public and the media.
SECTION 8-7: OATH OF OFFICE OF ELECTED OFFICERS
The Mayor-elect, the councilors-elect, School Committee members-elect, Stetson trustees-elect shall, on the first business day in January following their election, meet and be sworn to the faithful discharge of their duties. The oath may be administered by the Town Clerk, or by a judge of a court of record, or by a justice of the peace. A certificate that said oath or oaths have been taken shall be entered in the journal of the Town Council.
The oath of office shall be in such a form as provided by in Section 8-7(b).
In case of the absence of any member-elect on said day the oath of office may at any time thereafter be administered to such person who for any reason shall not have taken the oath on the day named. A certificate of each oath subsequently taken shall be entered in the journal of the Town Council.
After the oath has been administered to the councilors present, the Town Council shall organize by electing from among its members a person to serve as president, as provided in section 2-2(a) and a person to serve as vice-president as provided in section 2-2(c). And a person to serve as clerk as provided in 2-2(d). The Mayor shall preside during the election of the president of the council if the Mayor cannot attend, the council member senior in years of service on the Town Council shall preside during such election. If two or more members are equally senior in years of service on the Town Council the member senior both in years of service and age shall preside. The president and vice-president shall be sworn to such service by the Town Clerk, or, in the case of the absence of the Town Clerk, by any person qualified to take oaths or affirmations.
After the oath has been administered to the School Committee members present, the School Committee shall organize by electing from among their members a person to serve as the chair and a person to serve as the vice-chair, as provided in Section 3-2(c), If the Mayor is unable to preside during such election the member senior in years of service on the School Committee shall preside. If two or more members are equally senior in years of service on the School Committee the member senior both in years of service and age shall preside. The chair and the vice-chair shall be sworn by the Town Clerk, or, in the case of the absence of the Town Clerk, by any person qualified to take oaths or affirmations.
(a) Transfer of Authority:
On the First business day in January following each election the Town Clerk shall cause to take place a suitable ceremony for the swearing in of new officers and the proper and dignified transfer of authority to the incoming government.
The location of such ceremony shall be held in a large venue that is accessible to the general public, and shall be open to the general public.
In years of a Mayoral elections the transfer from one administration to the next shall include a morning debriefing between administrations at the Town Hall followed by a joint procession from Town Hall to the swearing in venue.
The Swearing in ceremony shall include at a minimum the National Anthem of the United States, the Pledge of Allegiance, and invocation.
The Mayor shall be sworn in during the twelve noon (12:00pm) EST hour unless extraordinary circumstances prevent this occurrence.
The Town Clerk shall cause to passed between one administration and the next the Official "Town Charter", and the "Mayor's Gavel of Authority".
Following the swearing in of the Mayor, the oaths of office shall be given to the District Town Councilors, and Town Councilors at Large, followed by the School Committee and Stetson Trustees.
The Town Council shall elect a Council President and the School Committee shall elect a Chairman as called for in this Charter.
The Mayor may give brief remarks, followed by the Town Council President and the School Committee Chairman.
In years not involving a Mayoral election, the same procedures shall apply excepting the Mayor.
All Officers shall recite the oath of Office contained in this Charter; failure to recite or affirm an officer's intent to the oath shall deem that office vacant.
(b) The Official Oath
I (state your name)do solemnly swear, that I will faithfully and impartially, discharge and perform all the duties incumbent on me, as (a member of or Mayor) according to the best of my abilities and understandings, agreeably to the rules and regulations of the Constitution of the United States of America, of the Constitution and laws of this Commonwealth, and the Laws of the Town of Randolph, So help me God.
SECTION 8-8: CERTIFICATE OF ELECTION OR APPOINTMENT
Every person who is elected, including those elected by the Town Council, or appointed to an office of the town shall receive a certificate of such election or appointment from the Town Clerk. Except as otherwise provided by law, every person who is elected, including those elected by the Town Council, or appointed to an office of the town before performing any act under such appointment or election, shall take and subscribe to an oath to qualify to enter upon the duties. The Town Clerk shall keep a record of such oath.
SECTION 8-9: ENFORCEMENT OF CHARTER PROVISIONS
Whenever it appears to the Mayor that any town agency or town employee is failing to follow any provision of this Charter the Mayor shall, in writing, cause notice to be given to such agency or employee directing compliance with the Charter. If it shall appear to the Town Council that the Mayor personally is not following the provisions of the Charter it shall, by resolution, direct the attention of the Mayor to those areas in which the council members believe there is a failure to comply with Charter provisions and directing compliance with the Charter.
The procedures made available in chapter two hundred and thirty-one A of the General Laws may be used to determine the rights, duties, status or other legal relations arising under this Charter, including any question of construction or validity which may be involved in such determination.
ARTICLE 9
TRANSITIONAL PROVISIONS
SECTION 9-1: CONTINUATION OF EXISTING LAWS
All general laws, special laws, town by-laws, town meeting votes, and rules and regulations of or pertaining to Randolph that are in force when this Charter takes effect, and not specifically or by implication repealed hereby, shall continue in full force and effect until amended or repealed, or rescinded by due course of law, or until they expire by their own limitation. In any case in which the provisions of this Charter are found to be inconsistent with the provisions of any general or special law, which would otherwise be applicable, the provisions of this Charter shall be deemed to prevail. Every inconsistency between the prior law and this Charter shall be decided in favor of this Charter.
SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION
All town agencies, boards, committees and commissions shall continue to perform their duties until re-elected, re-appointed, or until successors to there respective positions are duly appointed or elected, or until their duties have been transferred and assumed by another town agency.
SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY
All records, property and equipment whatsoever of any town agency, or part thereof, the powers and duties of which are assigned in whole or in part to another town agency, shall be transferred forthwith to such agency.
SECTION 9-4: CONTINUATION OF PERSONNEL
Any person holding a town office, or a position in the administrative service of the town, or any person holding permanent, full time employment and not by periodic appointment, under the town of Randolph, shall retain such office, or position, or employment, and shall continue to perform the duties of such office, position or employment until provision shall have been made for the performance of those duties by another person or agency; provided, however, no person in the permanent full time service of the town of Randolph shall forfeit their pay grade, or time in service of the town. All such persons shall be retained in a capacity as similar to the capacity in which they were serving at the time this Charter is adopted as is practicable and any reduction in the personnel needs of the town shall be accomplished through a policy of attrition, unless specific provision is otherwise made in this article.
SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC.
All official bonds, recognizance's, obligations, contracts, and other instruments entered into or executed by or to the town before the adoption of this Charter, and all taxes, assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the town, shall be enforced and collected, and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by the Charter; and no legal act done by or in favor of the town shall be rendered invalid by reason of the adoption of this Charter.
SECTION 9-6: TIME OF TAKING EFFECT
This Charter shall take effect upon its ratification by the voters and in accordance with the following schedule:
1. All town officers and employees shall continue to perform their duties in the same manner and to the same extent as they have performed the same prior to the ratification by the voters of the home rule Charter, but, being cognizant that on the first business day in January of the year following the year the Charter has been so ratified, that the executive and legislative authority of the town will thereafter be vested in a Mayor and a Town Council.
2. A special town election shall be held on the first Tuesday following the first Monday in September 2005 for the purpose of electing a Mayor, and Town Council and School Committee and the trustees of the Stetson School Fund and all other previously elected officials shall continue in office to the completion of the terms to which they were elected, or until they otherwise vacate such office, and shall be eligible for appointment to such position upon expiration of such term, except as may be otherwise provided in this charter for election for the office of town clerk, and except for the automatic reappointment set forth in section 9-6 (8) of this charter. For such purpose the incumbent Town Clerk shall have all the powers and duties conferred by this Charter on the Town Clerk. The Board of Selectmen shall issue the warrants for such elections.
3. Forthwith following the special election held in September 2005 the person elected as Mayor and the persons elected as Town Council members and School Committee shall be sworn to the faithful performance of their duties and shall take up so much of the powers and duties of their offices as are necessary to begin the process of transition from the existing form of government to the new form of government. This preparation for the transfer shall include a review by the Town Council members of policies and procedures to govern the conduct of the business of the Town Council and the adoption by it of rules by which it will conduct its business.
The person chosen, as Mayor shall meet regularly with the members of the Board of Selectmen and the School Committee and for such purpose shall be considered a member ex officio of such bodies. The Mayor shall have a right to meet with any town officer, town agency or town employee during regular business hours for the purpose of acquiring and advancing knowledge and information necessary to assume the powers of Mayor on the first business day of January in the year following the year in which the Charter is adopted. The Mayor shall be responsible for a review of the existing town by-laws to be undertaken to bring them into conformity with the new Charter.
The town shall provide suitable offices in a public building and access to clerical services and office machines to the Mayor-elect and councilors-elect to enable them to undertake and to carry out their transitional assignments.
The Mayor elect and the councilors-elect shall receive for their services for the period following the special election through December 31, 2005 one-fourth of the annual salary provided for their respective offices.
4. On the first business day of January in the year following the year in which this Charter is adopted the terms of office of the members of the Board of Selectmen, the members of the finance committee, the town moderator and of the representative town meeting members shall all be terminated, and their offices abolished. The Mayor, Town Council and School Committee shall organize as provided in section 8-7. Every other elected and appointed town officer, members of multiple member bodies and employees shall continue to serve in the same office or position for the balance of the term for which they were elected or appointed or until some other provision is made in accordance with the provisions of section 6-1 or, unless some other provision is specifically made hereinafter in section 9-6 for any particular office or position.
5. Until such time as another salary is established for the office of the Mayor, in accordance with the procedure provided in section 3-1(c), the initial salary for the Mayor of Randolph shall be established at $80,000 per annum. The initial salary for the members of the Town Council shall be established as $1,500 for each councilor and $2,000 for the council president.
6. The office of executive secretary is hereby abolished effective on the first business day of January in the year following the year in which this Charter is adopted. The incumbent of the office of executive secretary shall continue to serve in that office until the said first business day of January and may be continued in the service of the municipality beyond said termination date, in some other position, until the expiration of any contract for services in effect at the time this Charter is adopted.
7. As soon as practical after the first Mayor and council have been elected and taken the oath of office the Mayor shall appoint and call together for an initial meeting the members of the Board of Selectmen during the transitional period between the election of the mayor and the town council and the transfer of power on January 1 thereafter and the January 1 termination of the offices of selectmen and executive secretary all as set forth in section 9-6(4) and the members of the Town Council. The Board of Selectmen during the transitional period between the election of the mayor and the town council and the transfer of power on January 1 thereafter and the January 1 termination of the offices of selectmen and executive secretary, all as set forth in section 9-6(4) and its staff shall keep the Town Council so established fully apraised of its activities in the year-end renewing of licenses in order to acquaint the members of the said Town Council to these procedures. The Town Council shall assume full authority under chapter one hundred and thirty-eight and chapter one hundred forty of the General Laws on the first business day in January in the year following the year this Charter is adopted.
8. Notwithstanding any other provision of this Charter to the contrary any person serving full time in any elected office which will become an appointed office under this Charter, and who has been elected to the said office at least twice, shall at the expiration of the term for which elected, automatically, be deemed appointed to the same office by the Mayor or other appointing authority.
9. Not later than thirty days following the election at which this Charter is adopted the Board of Selectmen during the transitional period between the election of the mayor and the town council and the transfer of power on January 1 thereafter and the January 1 termination of the offices of selectmen and the executive secretary, all as set forth in section 9-6(4) shall appoint seven persons to be a committee to begin a review of the town by-laws for the purpose of preparing such revisions and amendments as may be needed or necessary to bring them into conformity with the provisions of this Charter and to fully implement the provisions of this Charter. If possible, at least two of the persons appointed to the committee shall have been members of the Randolph Government study committee. The committee shall submit a report, with recommendations, to the Mayor and council forthwith following the election held in the year in which this Charter is adopted. The review shall be conducted under the supervision of the town attorney, or, by special counsel appointed for that express purpose.
10. Forthwith following the election held in the year in which this Charter is adopted the Mayor-elect shall appoint seven persons to be a committee to review the town by-laws for the purpose of preparing such revisions and amendments as may be needed or necessary to bring them into conformity with the provisions of this Charter and to fully implement the provisions of this Charter. Upon the appointment of such committee the committee established under paragraph 9, above, shall be terminated. The Mayor may appoint to such committee any of the persons, who served on the committee established under paragraph 9, or he may appoint different people, but, if available, at least two of the persons appointed to the committee shall have been members of the Randolph government study committee. The committee shall submit a report, with recommendations, within one year following its creation and may submit interim reports with recommendations at any time. The review shall be conducted under the supervision of the town attorney, or, or by special counsel appointed for that express purpose.
11. Notwithstanding any provision of this Charter which might appear to the contrary it is recognized that it will not be possible for the first person elected as Mayor to begin at once to exercise all of the powers, duties and responsibilities which are assigned to the office of the Mayor. It is recognized that it is in the best interest of the town of Randolph that such assumption be on a gradual basis as the Mayor, Town Council and other municipal officials are able to adopt ordinances and other regulations as are necessary to implement all of the provisions of the Charter.
12. The Mayor and Town Council shall have authority to adopt measures which clarify, confirm or extend any of the transition provisions in order that such transition may be made in the most expeditious and least contentious manner possible.
SECTION 2. The state secretary shall cause the following question to be placed on the official ballot to be used in the town of Randolph at the town election to be held in the year 2005: "Shall an act passed by the general court entitled "An Act authorizing the town of Randolph to establish a town charter, be accepted?"
( ) Yes
( ) No
If a majority of the voters cast in answer to this question are in the affirmative, this act shall take effect, but not otherwise.
Summary: If accepted, the proposed charter would:
Establish a Mayor as the chief executive officer of the town, elected for a term of 4 years; establish a 7 member Town Council, with 4 members elected from respective districts and 3 members elected at large for a term of 2 years each; establish the office of Director of Administration and Finance (DAF), appointed by the mayor with responsibility for the daily management of the town's business; and provide for the election by the voters of a 6 member School Committee and a 3 member Stetson School Fund. All other positions currently elected by the voters would become appointed positions. The Mayor would be responsible for the employment of professionals to carry out the day-to-day administration of town affairs. This charter also provides strengthened financial controls, flexibility to reorganize town agencies in the future, and rights for voters to present initiative petitions and recall elected officials.
Concurrent with the adoption of this proposed form, the Board of Selectmen and Executive Secretary would be abolished and their responsibilities would be held by the mayor. The Town Meeting would be abolished and their responsibilities would be held by the Town Council.
SECTION 3. This act shall take effect upon its passage.Approved January 7, 2005.