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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE TOWN CLERK IN THE TOWN OF TEWKSBURY.

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 275 of the acts of 1986 is hereby amended by inserting after section 13A, inserted by chapter 152 of the acts of 1988, the following section:-

Section 13B. The town manager shall appoint the town clerk. Notwithstanding any general or special law to the contrary, the town manager may remove, suspend or discipline the town clerk for just cause. The town clerk shall be given written notice at least 14 days prior to the date of removal, which shall specify the reasons for such removal. The town clerk shall, upon written request, be granted a public hearing held by the board of selectmen who shall vote to confirm such removal or to reinstate the town clerk by a majority vote.

The town clerk’s written request for a public hearing shall be made to the board of selectmen on or before the date of removal. The vote of the board of selectmen shall occur not later than 7 days after the public hearing. If, after a written request for a public hearing, that hearing or vote fails to meet the standards in this section, the town clerk shall be reinstated with full pay and benefits retroactive to the date of removal.

SECTION 2. The first paragraph of section 15 of chapter 275 of the acts of 1986, as amended by section 1 of chapter 229 of the acts of 1995, is hereby amended by striking out subsection (i).

SECTION 3. The town clerk serving as an elected officer of the town on the effective date of this act shall continue to serve until April 5, 2014 and thereafter the town clerk shall be appointed by the town manager under section 13B of chapter 275 of the acts of 1986.

SECTION 4. This act shall take effect upon its passage.

Approved, March 22, 2012.