AN ACT AMENDING THE CHARTER OF THE TOWN OF BOURNE
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. Article 1 of the charter of the town of Bourne, 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 the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 2. Article 2 of said charter is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 3. Section 2-2 of said article 2 of said charter is hereby amended by striking out the caption and inserting in place thereof the following caption:- Presiding Officer.
SECTION 4. Clause (1) of subsection (a) of section 2-5 of said article 2 of said charter is hereby amended by striking out the word “officer” and inserting in place thereof the following word:- official.
SECTION 5. Clause (2) of said subsection (a) of said section 2-5 of said article 2 of said charter is hereby further amended by striking out the words “multiple member” and inserting in place thereof the following words:- governmental.
SECTION 6. Subsection (b) of said section 2-5 of said article 2 of said charter is hereby amended by striking out the figure “25” and inserting in place thereof the following figure:- 30.
SECTION 7. Said subsection (b) of said section 2-5 of said article 2 of said charter is hereby further amended by striking out the words “majority vote” and inserting in place thereof the following words:- a 4/5 vote of the members present and voting.
SECTION 8. The second sentence of said subsection (b) of said section 2-5 of said article 2 of said charter is hereby amended by adding the following words:- or when calling a special town meeting less than 30 days before the date of the special town meeting.
SECTION 9. Said section 2-5 of said article 2 of said charter is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) The voter handbook shall include the text of any annual or special town meeting warrant with the recommendations and counted votes of the finance committee, select board and any other appointed or elected governmental body proposing an article. In the voter handbook for the annual town meeting, the select board shall include the recommended operating budget with revenue projections, its budget goals, departmental goals for the upcoming fiscal year, an organizational chart and 5-year financial, debt and capital projections. The voter handbook shall be available to the public at the town hall, the public library and the town’s website not less than 15 days before the annual town meeting or any special town meeting. By majority vote, the select board may waive the requirements for a special town meeting in case of an emergency or when calling a special town meeting less than 30 days before the date of the special town meeting.
SECTION 10. Section 2-6 of said article 2 of said charter is hereby amended by striking out the word “officers” and inserting in place thereof the following word:- officials.
SECTION 11. Said section 2-6 of said article 2 of said charter is hereby further amended by striking out the words “boards and commissions” and inserting in place thereof the following words:- governmental bodies.
SECTION 12. Said section 2-6 of said article 2 of said charter is hereby further amended by striking out the words “boards, commissions” and inserting in place thereof the following words:- governmental bodies.
SECTION 13. Section 2-9 of said article 2 of said charter is hereby amended by adding the following sentence:- The chairperson of the finance committee may not chair any other governmental body.
SECTION 14. Article 3 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:- Executive Branch, Select Board.
SECTION 15. Said article 3 of said charter is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 16. The second sentence of section 3-1 of said article 3 of said charter is hereby amended by striking out the word “serve” and inserting in place thereof the following word:- act.
SECTION 17. Section 3-2 of said article 3 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- the select board.
SECTION 18. Said article 3 of said charter is hereby further amended by striking out section 3-3 and inserting in place thereof the following section:-
Section 3-3: Policy Role.
The select board shall serve as the chief goal-setting and policy-making agency of the town, keeping in mind the goals, policies and action items of the strategic plan and local comprehensive plan, or LCP, and shall appoint a town administrator to carry out such policies. Annual goals as voted by the select board shall be filed with the town administrator not later than September 1 after the regular spring town election and shall be published in the annual town report.
An individual select board member shall have no independent authority unless specifically authorized by a vote of the select board. Select board members shall deal with administrative agencies and departments only through the town administrator. Select board members, individually or as a board, shall not become involved in the day-to-day administration of the town department. The select board shall act only through the adoption of written policy goals, strategic plan goals, policies and action items that shall be implemented by the town administrator and written in a policy book that shall be available to the public for review.
SECTION 19. The first sentence of section 3-4 of said article 3 of said charter is hereby amended by striking out the words “boards of selectmen” and inserting in place thereof the following words:- select boards.
SECTION 20. Said section 3-4 of said article 3 of said charter is hereby further amended by inserting after the word “commonwealth,” the following words:- the authority to adopt rules and regulations, after public hearing and publication, for the conduct of town business, the use of town real and personal property, and other matters within its jurisdiction and to set the penalties for violations thereof.
SECTION 21. Said article 3 of said charter is hereby further amended by striking out section 3-5 and inserting in place thereof the following section:-
Section 3-5: Appointing Powers.
The select board shall appoint the town administrator, town counsel, registrars of voters and constables. The board shall also have the power to appoint other governmental bodies for whom no other appointment provision is made in this charter or by by-law. Representatives of governmental bodies specified as members of a governmental body shall be designated by their respective governmental body. Governmental bodies established by the select board shall possess and exercise all powers given to them under the Constitution and laws of the commonwealth and shall possess and exercise such additional powers and duties as may be authorized by this charter, by by-law or by vote of town meeting. This charter names those governmental bodies that are mandated or authorized by the laws of the commonwealth and exercise regulatory or other authority. All governmental bodies appointed by the select board shall be responsible to the select board.
SECTION 22. Subsection (a) of section 3-6 of said article 3 of said charter is hereby amended by striking out the words “town board or committee” and inserting in place thereof the following words:- governmental body.
SECTION 23. Section 3-7 of said article 3 of said charter is hereby amended by striking out the word “committees”, each time it appears, and inserting in place thereof, in each instance, the following words:- governmental bodies.
SECTION 24. Said section 3-7 of said article 3 of said charter is hereby further amended by adding the following sentence:- The select board shall maintain an active list of the governmental bodies and the representation thereon and make the list accessible to the public on the town’s website.
SECTION 25. Article 4 of said charter is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 26. The second paragraph of section 4-1 of said article 4 of said charter is hereby amended by inserting after the first sentence the following 2 sentences:- The town administrator’s contract shall not automatically renew each contract period. The select board, by an affirmative vote of 4 of its members, may renew the contract.
SECTION 27. The third paragraph of section 4-1 of said article 4 of said charter is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following sentence:- The town administrator need not be a resident of the town.
SECTION 28. Section 4-2 of said article 4 of said charter is hereby amended by striking out the word “officer” and inserting in place thereof the following word:- official.
SECTION 29. Section 4-3 of said article 4 of said charter is hereby amended by striking out the words “some other” and inserting in place thereof the following word:- a.
SECTION 30. Section 4-4 of said article 4 of said charter is hereby amended by striking out the word “officer” and inserting in place thereof the following word:- official.
SECTION 31. Said section 4-4 of said article 4 of said charter is hereby further amended by striking out the words “some other” and inserting in place thereof the following word:- a.
SECTION 32. Said section 4-4 of said article 4 of said charter is hereby further amended by adding the following sentence:- The select board reserves the right to limit the powers and duties of the acting or interim town administrator by a majority vote of the select board.
SECTION 33. Said article 4 is hereby further amended by striking out section 4-6 and inserting in place thereof the following section:-
Section 4-6: Powers and Duties.
The town administrator shall be the chief administrative official of the town. The town administrator shall be responsible to the select board for the proper administration of all town affairs placed in the town administrator’s charge pursuant to the charter. The town administrator shall have the following powers and perform the following duties:
(a) implement and carry out all policies and goals established by the select board, included in the strategic plan;
(b) appoint and, in appropriate circumstances, remove, subject to civil service laws and collective bargaining agreements where applicable, all department heads and employees, including members of the board of assessors and other employees for whom no other appointment provision is made in this charter; provided, however, that appointments made by the town administrator shall be effective immediately; provided, further, that an appointment of a department head or member of the board of assessors shall become effective on the fifteenth day after the day on which notice of the proposed appointment is filed with the select board unless a majority of the select board votes to reject the appointment within that period;
(c) prepare and submit an annual operating budget and capital improvement plan and capital improvement budget in accordance with sections 7-1 and 7-2 and the policies and goals established by the select board;
(d) investigate or inquire into the affairs of a town department under the jurisdiction of the town administrator or, when authorized by the select board, investigate or inquire into the affairs of any other town department;
(e) attend all regular and special meetings of the select board unless unavailable for reasonable cause; provided, however, that the town administrator shall have a voice, but no vote, in all proceedings of the select board;
(f) keep the select board fully informed of all issues and problems it needs to address; (g) inform the select board on departmental operations, fiscal matters and administrative actions and provide regular periodic reports to the select board;
(h) inform the select board of the availability of public and private funding opportunities;
(i) administer human resource policies, practices, rules and regulations, compensation plans and related matters for all municipal employees, except school employees;
(j) be responsible for the negotiation, administration and enforcement of collective bargaining agreements and other employment agreements, exclusive of the schools, on behalf of the select board;
(k) have jurisdiction over all town property, ensuring that a full inventory of all real and personal property is kept, excluding property under the jurisdiction of the school committee;
(l) be responsible for and oversee the purchase of all supplies, materials, services and equipment and approve the award of all contracts for all town departments; provided, however, that the town administrator shall secure the approval of the select board for contracts of not less than 3 years;
(m) fix the compensation of all town employees and officials appointed by the town administrator within the limits of the town's compensation plan, collective bargaining agreements and other employment agreements and inform the select board of all changes in compensation made within 30 days;
(n) oversee the activities of all appointed and elected governmental bodies; provided, however, that the town administrator may require elected governmental bodies and individuals to meet with and provide information to the town administrator at reasonable times;
(o) create new full-time, compensated positions, subject to the approval of the select board and funding by the town meeting; provided, however, that the town administrator may enter into employment contracts for these positions;
(p) supervise, direct and be responsible for the efficient administration of all officials appointed by the town administrator and their respective departments, and for all functions for which the town administrator is given responsibility, authority or control by this charter, by-law, by town meeting vote or by vote of the select board;
(q) delegate, authorize or direct any subordinate or employee appointed by the town administrator to exercise any power, duty or responsibility which the office of the town administrator is authorized to exercise; provided, however, that all such acts shall be deemed to be the acts of the town administrator;
(r) administer and enforce either directly or through a person supervised by the town administrator, in accordance with this charter, all provisions of law applicable to the town, all by-laws and all regulations established by the select board; and
(s) attend all sessions of the town meeting to answer questions addressed to the town administrator that are related to warrant articles and matters of general supervision of the town administrator.
SECTION 34. Article 5 of said charter is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 35. Section 5-1 of said article 5 of said charter is hereby amended by striking out the caption and inserting in place thereof the following caption:- Organizational Chart.
SECTION 36. The second sentence of said section 5-1 of said article 5 of said charter is hereby amended by striking out the words “table of organization” and inserting in place thereof the following words:- organizational chart.
SECTION 37. The second sentence of section 5-2 of said article 5 of said charter is hereby amended by adding the following words:- or transferred to another agency in accordance with section 5-3.
SECTION 38. The third sentence of section 5-3 of said article 5 of said charter is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- select board.
SECTION 39. The fourth sentence of said section 5-3 of said article 5 of said charter is hereby amended by striking out the word “selectmen’s” and inserting in place thereof the following words:- select board.
SECTION 40. Said section 5-3 of said article 5 of said charter is hereby further amended by striking out the fourth sentence.
SECTION 41. Said article 5 of said charter is hereby further amended by striking out section 5-4 and inserting in place thereof the following section:-
Section 5-4: Department of Public Works.
(a) There shall be a department of public works, which shall be responsible for those public works functions described in this article and as may be assigned from time to time by the town administrator or town meeting.
(b) The department of public works shall be under the direct control of a director of public works who shall be appointed by and who shall be directly responsible to the town administrator. The director of public works shall be a registered civil engineer or a person otherwise especially suited by education, training and experience to perform the duties of the office. The director of public works shall keep full and complete records of the doings of the director's office and shall render a report of all operations to the town administrator as may be required. The director shall keep the town administrator fully advised as to the needs of the town within the scope of the director's duties.
(c) The responsibilities of the department of public works shall include, but not be limited to: highways and streets, storm drains, tree and park maintenance, public sewers, rubbish collection and the maintenance and repair of town buildings, except school buildings unless requested by the school committee and approved by the select board.
SECTION 42. Section 5-5 of said article 5 of said charter is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) There shall be a department of integrated solid waste management which shall be responsible for the solid waste functions described in this article and as may be assigned from time to time by the town administrator or town meeting.
SECTION 43. Subsection (c) of said section 5-5 of said article 5 of said charter is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The general manager shall keep full and complete records of the doings of the office and report on all operations under its control to the town administrator as may be required.
SECTION 44. Said section 5-5 of said article 5 of said charter is hereby further amended by striking out subsection (e).
SECTION 45. Clause (10) of subsection (a) of section 5-6 of said article 5 of said charter is hereby amended by striking out the words “data processing functions,” and inserting in place thereof the following words:- financial data processing functions, financial.
SECTION 46. Article 6 of said charter is hereby amended by striking out the title and inserting in place thereof the following title:- Governmental Bodies and Officials.
SECTION 47. Said article 6 of said charter is hereby further amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 48. Said article 6 of said charter is hereby further amended by striking out section 6-1 and inserting in place thereof the following section:- Section 6-1: Other Governmental Bodies and Officials.
(a) Following the adoption of this charter, the only officials to be elected shall be the town moderator, town clerk and a constable.
(b) In addition to the select board, the following governmental bodies shall be elected in addition to the select board shall be:
(1) school committee;
(2) board of health;
(3) planning board;
(4) housing authority;
(5) recreation authority;
(6) trustees of Jonathan Bourne Public Library;
(7) trustees of soldier’s memorials;
(8) Upper Cape Cod Regional Vocational Technical District school committee; and
(9) such town members of regional districts, governmental bodies and authorities as are now or may be established as elective offices by the General Laws, by a vote of town meeting or by an intergovernmental agreement.
SECTION 49. Section 6-2 of said article 6 of said charter is hereby amended by striking out the word “officer” and inserting in place thereof the following word:- official.
SECTION 50. Section 6-10 of said article 6 of said charter is hereby amended by striking out the caption and inserting in place thereof the following caption:- Trustees of the Johnathan Bourne Public Library.
SECTION 51. The first paragraph of said section 6-10 of said article 6 of said charter is hereby further amended by inserting after the word “Bourne” the following word:- public.
SECTION 52. The first paragraph of said section 6-10 of said article 6 of said charter is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The trustees shall be responsible for: (a) the custody and management of the library and all property of the town related thereto.
(b) the selection of the library director consistent with the General Laws and this charter.
(c) providing an annual performance review of the library director and submission of the review to the town administrator;
(d) reviewing and advising the library director regarding preliminary budget prior to being submitted to the town administrator’s budget report to the select board;
(e) expending all money raised or appropriated by the town for the library’s support and maintenance and administering all money or property that the town may receive for the library by gift or bequest in accordance with the gift or bequest.
(f) establishing and acting upon their policies and by-laws consistent with the General Laws, town by-laws and this charter; and
(g) all other the powers and duties given to boards of library trustees under the Constitution and General Laws of the commonwealth and such additional powers and duties as may be authorized by this charter, by-law or by town meeting vote.
SECTION 53. Article 7 of said charter is hereby amended by striking out sections 7-1 and 7-2 and inserting in place thereof the following 2 sections:-
Section 7-1: Budget Process.
Prior to the annual town meeting and within a time fixed by by-law, the town administrator shall submit to the select board a proposed operating budget and a capital improvement plan and capital improvement budget for all town departments, including the school department, for the ensuing fiscal year. The school committee budget shall be submitted to the town administrator in sufficient time to enable the town administrator to consider the effect of the school department’s requested appropriation on the total town budget and make recommendations on the same. The proposed operating budget shall be accompanied by a budget message and supporting documents. The budget message shall explain the budget both in fiscal terms and in terms of expected outcomes, delivery of services and initiatives. The proposed operating budget shall be balanced and shall show both proposed expenditures and anticipated revenue. The proposed operating budget shall provide a complete fiscal plan of all town funds and activities and shall be in the form the town administrator deems desirable or as the select board requires. The proposed operating budget shall include a listing of the funds requested by town departments and agencies. The select board shall review the proposed operating budget and capital improvement plan and make such changes as it deems appropriate prior to transmitting the proposed operating budget and capital improvement plan to the finance committee.
Section 7-2 Capital Improvement Plan and Capital Improvement Budget.
The town administrator, in conjunction with any committee established for such purpose, shall annually submit a capital improvement plan to the select board 10 days prior to the date fixed by by-law and prior to the submission of the operating budget. The capital improvement plan shall include a clear summary of its contents, an itemization of all capital improvements, including those of the school department, proposed to be undertaken during the next 5 fiscal years with supporting data, cost estimates, methods of financing and recommended time schedules. The first year’s budget shall be the capital budget and shall include the estimated annual cost of operating and maintaining the facilities included.
ECTION 54. The first sentence of section 7-3 of said article 7 of said charter is hereby amended by striking out the words “prepare annually a”, and inserting in place thereof the following words:- annually prepare, in a format the town administrator deems desirable or as the select board requires, a.
SECTION 55. Said first sentence of said section 7-3 of said article 7 of said charter is hereby further amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.
SECTION 56. The last sentence of said section 7-3 of said article 7 of said charter is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 57. Said article 7 of said charter is hereby further amended by striking out section 7-4 and inserting in place thereof the following section:-
Section 7-4: Finance Committee Action.
The select board shall submit the proposed operating budget and the capital improvement plan and capital improvement budget to the finance committee by a date fixed by by-law. The finance committee, upon receipt of the same from the select board, shall consider in public meetings the detailed expenditures for each town department and agency and shall conduct at least 1 public hearing on the proposed operating and capital improvement budgets, including the school budget. The finance committee shall issue its recommendations in a detailed written report, which shall include the fiscal and tax implications of the proposed operating budget, a statement outlining its support or opposition to the proposed operating budget or any sections thereof and its vote, by roll call, on all warrant articles.
The finance committee shall make copies of its report available to the voters in the town hall and the public library not less than 20 days before the scheduled date of the town meeting. The report shall be prepared in sufficient time to be incorporated into the annual town meeting voter handbook. The finance committee may request that the town administrator provide it with necessary information from any town agency and the town administrator shall promptly respond to such requests. The office of the town administrator shall provide staff support to the finance committee in issuing its recommendations on the proposed operating budget and capital improvement budget. The budget to be acted upon by the town meeting shall be the budget approved by the select board.
ECTION 58. The first sentence of subsection (b) of section 8-1 of article 8 of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 59. The second sentence of said subsection (b) of said section 8-1 of said article 8 of said charter is hereby amended by striking out the word “immediately”.
SECTION 60. Said subsection (b) of said section 8-1 of said article 8 of said charter is hereby further amended by adding the following sentence:- The select board may, by majority vote, extend the time the charter review committee needs to meet the duties and responsibilities of Article LXXXIX of the Amendments to the Constitution of the Commonwealth enacted to implement said article LXXXIX.
SECTION 61. The first paragraph of section 8-5 of said article 8 of said charter is hereby amended by striking out the word “officers” and inserting in place thereof the following word:- officials.
SECTION 62. Said article 8 of said charter is hereby further amended by striking out sections 8-6 to 8-10, inclusive, and inserting in place thereof the following 4 sections:-
Section 8-6: Procedures for Governmental Bodies.
(a) All governmental bodies of the town whether elected, appointed or otherwise constituted shall meet at such times and in places open to the public within the town as they may by their own rules prescribe. Special meetings of a governmental body shall be held at the call of the respective chair or by a majority of the members thereof. Public posting of all meetings shall be made in accordance with the open meeting laws. The meetings of a governmental body shall be open to the public and the press, except as may be otherwise provided by law.
(b) A majority of the members of a governmental body shall constitute a quorum but a smaller number may adjourn from time to time unless otherwise provided by law.
(c) Each governmental body shall provide for the keeping of the minutes of its proceedings. Pursuant to the open meeting law, public bodies are required to create and approve minutes in a timely manner; provided, however, that “timely manner” shall mean within the next 3 public body meetings or 30 days from the date of the meeting, whichever is later, unless the public body shows good cause for further delay. The minutes shall be a public record and a copy of the minutes shall be filed with the office of the town clerk, once approved by the governmental body as outlined above.
(d) Meetings of the select board, the school committee, the board of health and the planning board shall be televised, recorded, livestreamed or broadcasted on the local cable channel or recorded and posted on the town’s website. The town shall choose the most effective method but technical difficulties with equipment shall not cause a meeting to be postponed.
Section 8-7: Computation of Time.
In computing times under this charter, “days” shall mean calendar days unless otherwise specified.
Section 8-8: Definitions.
For the purposes of this charter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Charter”, this charter and any amendments to it made through any of the methods provided under Article LXXXIX of the Amendments to the Constitution of the Commonwealth.
“Gender neutrality”, any reference to gender in this charter shall be construed as meaning any person, people, individual or multiple individuals.
“Goal”, the desired outcome of a policy, program or other action.
“Governmental body”, (i) any federal, state, local, municipal or other government; (ii) any governmental, regulatory or administrative agency, commission or other authority lawfully exercising or entitled to exercise any administrative, executive, judicial, legislative, police, regulatory or taxing authority or power; and (iii) any court or governmental tribunal.
“Library”, the Jonathan Bourne public library and any branch thereof.
“Local comprehensive plan”, an important planning tool used to guide the growth and direction of the town while balancing a wide variety of needs, including economic growth, protection of environmental resources, quality of life and community character.
“Local newspaper”, a newspaper of general circulation within the town.
“Majority vote”, as to a town meeting, a majority of those present and voting; as to a multiple member body voting to adopt any motion, order, appointment, approval or disapproval or to take any action not entirely procedural in nature, the affirmative vote of a majority of all members present and voting unless otherwise provided by law.
“Policy”, a statement of a preferred practice.
“Strategic Plan”, the long-term vision, goals and objectives for the town as codified in a document accepted by the select board.
“Town”, the town of Bourne.
“Town agency”, a board, commission, committee, department or office of town government, whether elected, appointed or otherwise constituted.
“Town meeting”, the town meeting of the town of Bourne.
“Town official”, an elected or appointed official of the town who, in the performance of that person's official duties, exercises some portion of the sovereign power of the town, whether great or small; provided, however, that a person may be a town official whether or not that person receives compensation for their services.
“Voter handbook”, the voter handbook provided for in subsection (c) of section 2-5.
“Voters”, the registered voters of the town.
Section 8-9: Rules and Regulations.
A town agency shall file a copy of its rules and regulations, if any, in the office of the town clerk and shall be made available to any person who makes a request for such information.
SECTION 63. Article 9 of said charter is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 64. Section 9-4 of said article 9 of said charter is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any official whose recall is sought may be a candidate for re-election to the same office and, unless the individual requests otherwise in writing, the town clerk shall place that official’s name on the ballot without nomination.
SECTION 65. Section 9-6 of said article 9 of said charter is hereby amended by striking out the word “officer”, each time it appears, and inserting in place thereof, in each instance, the following word:- official.
SECTION 66. Section 10-2 of article 10 of said charter is hereby amended by striking out the word “officers” and inserting in place thereof the following word:- officials.
SECTION 67. Section 10-3 of said article 10 of said charter is hereby amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following word:- their.
SECTION 68. Said article 10 of said charter is hereby further amended by striking out section 10-5.
SECTION 69. Said charter is hereby further amended by striking out article 11 and inserting in place thereof the following article:-
Article 11
Charter Compliance Committee.
There shall be a charter compliance committee which shall consist of 7 members who shall be appointed by the town moderator for 3-year overlapping terms, so arranged that the term of not more than 3 members shall expire each year. No appointee shall be a town employee or a member of an existing governmental body governed by the charter. The committee shall take action only after receiving a written complaint filed by 1 or more voters of the town alleging a violation of this charter by reason of an act or a failure to act by the town administrator, the select board, the school committee, the finance committee or a member of a governmental body. The complaint shall state the specific section of this charter that is the subject of the violation, the individual or governmental body responsible for the violation and the act or failure to act resulting in the violation. The complaint shall be filed with the town clerk who shall immediately send, by certified mail, return receipt requested, a copy to each member of the committee.
Within 3 weeks after receipt of the complaint by the town clerk, the committee shall vote whether to dismiss the complaint without further action. If the committee so votes, the chair shall give written notification to the town clerk. If the committee votes to not dismiss the complaint, the chair shall set a time and date for a hearing and mail notice of the hearing to the town clerk, any complainants and the individual or governmental body named in the complaint. The town clerk shall post and publish the notice in a newspaper of general circulation for not less than 7 days before the hearing date. The hearing shall occur within 60 days after the date on which the complaint was received by the town clerk. At the hearing, the committee shall allow any person to address the committee on the merits of the complaint. Within 3 weeks after the hearing, the committee shall vote on whether there has been a violation of this charter as alleged in the complaint and shall mail a notice of its decision to the complainant, to the individual and to the governmental body named in the complaint and to the town clerk. The town clerk shall post a copy of the decision at the town hall and on the town's website.
If the committee determines that there has been a violation of this charter as alleged by the complaint, and if, following its vote, there continues to be a violation, the committee may contact town counsel who may file a complaint on behalf of the town in the superior court. Nothing in this article shall limit the right to seek enforcement of this charter as otherwise provided by law.
SECTION 70. This act shall take effect upon its passage.
Approved, January 5, 2023.