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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT AMENDING THE CHARTER OF THE TOWN OF YARMOUTH

    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 2 of the charter of the town of Yarmouth, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out section 2-7 and inserting in place thereof the following section:-
Section 2-7 – Initiative Petition.
As provided by section 10 of chapter 39 of the General Laws, the voters of the town, by written petition to the board of selectmen, may:
(i)  if 10 voters sign the petition, secure the inclusion of an article in the warrant for the annual town meeting; provided, however, that the petition shall be submitted in accordance with the by-law governing town meeting warrants;
    (ii)  if 100 voters sign the petition, secure the inclusion of an article for the warrant of any special town meeting; provided, however, that the petition shall be submitted in accordance with the by-law governing town meeting warrants; or
   (iii)  if 200 voters sign the petition, require the calling of a special town meeting.
SECTION 2.  Chapter 4 of said charter is hereby amended by inserting after section 4-4-5 the following section:-
4-4-6  To the extent permitted by law and, as may be applicable, the requirements of the effective collective bargaining agreement, the town administrator may employ, discipline and terminate any employee that the town administrator appoints pursuant to this charter or other applicable law, by-law or regulation.
SECTION 3.  Said chapter 4 of said charter is hereby further amended by striking out section 4-6-1 and inserting in place thereof the following section:-
4-6-1  The board of selectmen shall annually evaluate the performance of the town administrator. The selectmen shall adopt a written set of procedures and criteria that shall form the basis for the evaluation.
SECTION 4.  Section 5-1 of chapter 5 of said charter is hereby amended by striking out clause (g) and inserting in place thereof the following clause:-
(g)  The board of selectmen shall appoint all department heads. The town administrator shall submit to the board of selectmen the names of not less than 3 candidates for department head interview and subsequent appointment unless otherwise waived by the board of selectmen. The group of department heads shall include those who are designated as such by the town administrator and approved by the board of selectmen.
SECTION 5.  Said section 5-1 of said chapter 5 of said charter is hereby further amended by adding the following clause:-
(i)  To the extent permitted by law and, as may be applicable, the requirements of the effective collective bargaining agreement, the board of selectmen may terminate any employee that it appoints pursuant to this charter or other applicable law, by-law or regulation by the same majority that is required to appoint the employee.
SECTION 6.  Said chapter 5 of said charter is hereby further amended by striking out section 5-3-1 and inserting in place thereof the following section:-
5-3-1  The town administrator may appoint an assistant town administrator. Appointments to the position of assistant town administrator shall become effective not later than the 21 days following the day on which notice of the proposed appointment is filed with the board of selectmen unless 4/5 of the members of the board of selectmen vote to reject the appointment within such period.
SECTION 7.  Said chapter 5 of said charter is hereby further amended by striking out section 5-5-1 and inserting in place thereof the following section:-
5-5-1  To the extent permitted by law and, as may be applicable, the requirements of the effective collective bargaining agreement, department heads may employ, discipline and terminate employees under their departmental jurisdiction, subject to the approval of the town administrator and any other applicable law, by-law or regulation.
SECTION 8.  Chapter 6 of said charter is hereby amended by striking out section 6-2-2 and inserting in place thereof the following section:-
6-2-2  At the discretion of the board of selectmen, all multi-member bodies shall annually meet with or provide a written annual report to the board of selectmen.

Approved, January 22, 2020.