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Session Law

2012

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Chapter 456 AN ACT RELATIVE TO THE POSITIONS OF COLLECTOR AND CLERK-TREASURER IN THE TOWN OF SOUTH HADLEY.

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. Chapter 191 of the acts of 1990 is hereby repealed.

SECTION 2. The office of town clerk for the town of South Hadley shall be separate from the office of treasurer and shall be an appointive office. The town clerk shall perform all functions of the clerk’s office and shall continue to be an ex officio member of the board of registrars in accordance with the General Laws; provided, however, that the incumbent elected clerk-treasurer in office on the effective date of this act shall be the lawful successor to that position, absent felonious actions, through the end of the term for which the incumbent was elected; and provided further, that thereafter the incumbent may continue to serve in 1 or both positions in an appointed capacity at the incumbent’s discretion and may continue to hold 1 or both offices until retirement, resignation, removal or if the position should otherwise become vacant. The town clerk shall be appointed and may be removed by the town administrator, subject to approval of the selectboard.

SECTION 3. The office of treasurer for the town of South Hadley shall be separate from the office of the clerk and shall be an appointive office; provided, however, that the incumbent elected clerk-treasurer in office on the effective date of this act shall be the lawful successor to that position, absent felonious actions, through the end of the term for which the incumbent was elected; and provided further, that thereafter the incumbent may continue to serve in 1 or both positions in an appointed capacity at the incumbent’s discretion and may continue to hold 1 or both offices until retirement, resignation, removal or if the position should otherwise become vacant. The treasurer shall be appointed and may be removed by the town administrator, subject to approval of the selectboard.

SECTION 3A. Nothing in this act shall prevent the town administrator from appointing 1 person to serve as both clerk and treasurer, or 1 person to serve as both collector and treasurer; provided, however, that combining the collector position with the treasurer position shall only be proposed upon the vacancy in the office of the present incumbent collector.

SECTION 4. Upon the effective date of this act, the term of the incumbent elected collector shall terminate and the position of collector as an elected office shall be abolished; provided, however, that the incumbent elected collector shall be deemed to be the first appointed collector under this act and shall be the lawful successor to that position, absent felonious actions, through the end of the term for which the incumbent was elected; and provided further, that thereafter the incumbent shall hold said office until retirement, resignation, removal, or if the position should otherwise become vacant. The position of collector shall be appointed and may be removed by the town administrator, subject to approval of the selectboard. Nothing in this act shall prevent the town administrator from appointing 1 person to serve as both clerk and treasurer, or 1 person to serve as both collector and treasurer, subject to the approval of the selectboard; provided, however, that combining the collector position with the treasurer position can only be proposed upon a vacancy in the office of the present incumbent collector.

SECTION 5. This act shall take effect upon its acceptance by the voters of the town of South Hadley at an annual town election or special election, but not otherwise. The town counsel shall prepare a concise summary of the contents of the act to appear on the town election ballot.

SECTION 6. This act shall take effect upon its passage.

Approved, January 10, 2013.


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