Town of Marshfield CHARTER
Dedicated to Our Nation's BICENTENNIAL
Cover Design by Anne Philbrick Hall
Table of Contents
Article 1
Incorporation:
Form of Government:
Powers
Article 2
Town Meeting
Article 3
Elected Officials
3-1 General Provisions
3-2 Elected Town Boards, Duties, Terms, etc.
3-2-1 Selectmen
3-2-2 Board of Assessors
3-2-3 Board of Public Works
3-2-4 Planning Board
3-2-5 Board of Health
3-2-6 Trustees of War Memorial
3-2-7 School Committee
3-2-8 Moderator
3-2-9 Town Clerk
3-2-10 Housing Authority
3-2-11 Collector
3-2-12 Treasurer
3-3 Vacancies
Article 4
Town Administrator
4-1 Qualifications
4-2 Term
4-3 Salary
4-4 Personnel By-Law
4-5 Residential Requirements
4-6 Other Offices
4-7-1 Powers and Duties General
4-7-2 Specific
4-8 Vacancy
4-9 Removal
Article 5
Finances and Fiscal Procedure
5-1 Fiscal Year
5-2 Submission of Budget and Budget Message
5-3 Budget Message
5-4 The Budget
5-5 Action on the Budget
5-6 Capital Improvement Program
5-7 Financial Public Records
Article 6
Administrative Organization
6-1 General
6-2 Definitions
6-2-1 Boards
6-2-2 Commissions
6-2-3 Committees
6-2-4 Study Groups
6-3 Contracts
Article 7
Procedures
7-1 Meetings General
7-2 Agendas
7-3 Rules and Journal
7-4 Voting
7-5 Quorum
Article 8
Recall and Removal
8-1 Recall
8-1-2 Recall Petition
8-1-3 Selectmen's Action on Receiving Petition
8-1-4 Nomination of Candidates
8-1-5 Incumbent Holds Office Until Election
8-1-6 Propositions on Ballot
8-1-7 Repeat of Recall Petition
8-1-8 Reappointment of Person Recalled
8-2 Removals and Suspensions
8-2-2 Temporary Suspension
Article 9
General Provisions
9-1 Charter Changes
9-2 Severability
9-3 Specific Provisions Shall Prevail
9-4 Rules and Regulations
Article 10
Transitional Provisions
10-1 Continuation of Existing Laws
10-2 Continuation of Government
10-3 Continuation of Administrative Personnel
10-4 Transfer of Records and Property
10-5 Adoption of Certain Acts
10-6 Effective Date
INCORPORATION: FORM OF GOVERNMENT: POWERS
1-1 Incorporation
The inhabitants of the town of Marshfield within the corporate limits established by law shall continue to be a body corporate and politic with perpetual succession under The Name "Town of Marshfield".
1-2 Form of Government
The administration of the fiscal, prudential and municipal affairs of the town shall be vested in an executive branch to consist of the board of selectmen and other elected officers and a legislative branch to consist of the open town meeting.
1-3 Powers
Subject only to express limitations on the exercise of any power or function by a town in the constitution or statutes of the commonwealth it is the intent and purpose of the Voters of Marshfield to retain and secure through the adoption of this charter all of the powers it is possible to secure for the town under the constitution and statutes of the Commonwealth.
1-4 Construction
The powers of the town under this charter are to be construed liberally in favor of the town and the specific mention of particular powers is not intended to limit in any way the general powers of the town as stated in section 1-3.
TOWN MEETING
2-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town.
2-2 At least one member of each elected Board shall be present at each session of Town Meeting. Appointed officers and members of any appointed Commission, Committee or Study Group shall attend if so requested by appointing authorities.
ELECTED OFFICIALS
3-1 General Provisions
(A) Elective officers -The offices to be filled by ballot of the whole town shall be, 1) a board of selectmen, 2) a board of assessors, 3) a board of public works, 4) a planning board, 5) a board of health, 6) trustees of the War Memorial, 7) a school committee, 8) a moderator, 9) a town clerk, 10) a housing authority, 11) a collector, 12) a treasurer.
(B) Eligibility- Any registered voter of the town shall be eligible to hold any elective town office; but no elected town official shall simultaneously hold any other elected town office. This section (B) shall not apply to any person who has received or receives tenure of office under the provision of C41S19B, C of the General Laws.
(C) Election - The regular elections for town office shall be held annually on the date fixed by by-law.
3-2 Elected Town Boards, Duties, Terms, etc.
3-2-1 Selectmen
(A) Composition, Term of Office- There shall be a board of selectmen consisting of three (3) members elected for three-year over-lapping terms, so arranged that the term of one member shall expire each year. They shall receive for their services such compensation as may annually be provided for that purpose by appropriation.
(B) Powers and Duties in General- The executive powers of the town shall be vested in the board of selectmen, and shall be exercised by them or jointly through the town agencies and offices. The board of selectmen shall cause the laws and orders for the government of the town to be enforced, and shall cause a record of all there official Acts to be kept. In addition to aforesaid powers and duties, they shall exercise such powers and duties as are and may be provided by he General Laws, this charter, by-law and/or vote of the town meeting.
(C) Appointments- The selectmen shall appoint, for fixed terms of one year, constables, election officers, director of veterans' affairs, and a town counsel, and for a fixed term, as provided in Art. 4, a town administrator: and for a three-year term, a town accountant. They shall appoint for fixed over-lapping terms of three years, so that the term of at least one member expires each year; the members of the board of appeals, library trustees, registrars of voters, advisory board and the following commissions: conservation, recreation, historical, development and industrial, council for aging, airport, communications, and the following committees: insurance, school building, permanent site and needs, capital budget, personnel, beautification and study groups in accordance with Art. 7 hereof.
They shall have the power to appoint all department heads, other appointed board, commission and committee members, and other town officials and employees as authorized or as may be authorized by the General Laws, this charter, or by-law, and for whom appointment is not otherwise provided.
(C-1) In consideration of the unique historical back ground and the special historic significance of the town the selectmen may, with the approval of the Historical Commission, appoint a town historian for a term not to exceed seven years. The historian shall perform such duties as the Historical Commission may from time to time designate and may receive reimbursement for expenses to be within the amount so appropriated by the town meeting.
(D) Investigations -The board of selectmen may make investigations and may authorize the town administrator to investigate the affairs of the town and the conduct of any town department, including all elected boards, offices or agencies, and any doubtful claims against the town. The report of the results of such investigation shall be placed on file in the office of the board of selectmen and a report summarizing the results of such investigation shall be printed in the next annual town report.
(E) Building Inspection Department -There shall be a Building Inspection Department administered by the Building Inspector, who shall be appointed by the Selectmen. The Building Inspection Department shall have responsibility for administration of the Town Building Code By-law or as amended or superceded by State regulation. The Building Inspector, Assistant Building Inspector for Wires, I: Assistant Building Inspector for Gas, Assistant Building Inspector for Plumbing and other inspectors as from time to time are determined necessary and their assistants, shall be appointed annually by the Selectmen.
3-2-2 Board of Assessors
(A) Composition, Term of Office -The board of assessors shall consist of three (3) members elected to three-year overlapping terms, so arranged that the term of one member shall expire each year.
(B) Compensation -The members of the board of assessors shall receive for their services such compensation as may annually be provided for that purpose by appropriation.
(C) Powers and Duties in General -The board of assessors shall have all powers and duties as set forth in the applicable provisions of the General Laws or as may be authorized by this charter or by-law.
3-2-3 Board of Public Works
(A) Composition, Term of Office -The board of public works shall consist Of three (3) members elected for three-year over-lapping terms so arranged that one term expires each year.
(B) Powers and Duties in General -The board of public works elected under section 3-2-3 shall be responsible for organizing and administering the following functions: construction and maintenance, highways, water and sewer systems, tree care, and parks, including landscaping and ground maintenance of all town buildings and property, and such other public works and related functions as may from time to time be vested in it through the General Laws, this charter, by-law or vote of the town meeting; and to this end the board shall, following each annual town election:
(a) Select from its membership a Chairman, Vice-Chairman, and a Clerk for the ensuing year; and
(b) Be administratively organized into the following divisions: highway, Water, trees, and cemeteries and parks.
The board of public works, by a majority Vote' of its full membership, shall appoint a superintendent of public works for an initial term of three years and annually thereafter and shall fix his compensation within limits of an Appropriation made for that purpose. The superintendent shall: (a) Be especially qualified by education, training, and experience to perform the duties of the office and have such other qualifications as may be determined by by-law; (b) Exercise and perform, under the board's supervision and direction, those public works functions for which the board is responsible; and (c) Appoint, subject to approval by the board, such assistants, agents, and other employees as the Exercise and performance of his powers, rights, and duties may require. The superintendent shall give the town a surety bond for the faithful performance of his duties in such sum and upon such conditions as the board may require; shall keep the board fully informed as to the public works needs of the town; Shall Keep a full and complete record of his operations; shall render to the board, as often as it may require, a full report thereon; and annually or more often shall prepare a synopsis of such reports for publication.
(C) Engineering Department
C-1 Organization- There shall be an engineering department administered by the Superintendent of Public Works.
C-2 Duties- Administrative -The engineering department shall provide the town with engineering services by town employees and by contracting with qualified architectural/engineering firms.
C-3 Duties -General- The Engineering Department shall certify that all subdivision, sewerage and other such plans and specifications required by town by-laws conform to such by-laws and shall be responsible for maintenance of assessors' and town maps and certification of plans and specifications for public works construction projects. The Engineering Department shall provide onsite inspection to assure proper construction performance in accordance with subdivision plans and site plan approvals made by the Board of Appeals. The Engineering Department shall also provide engineering and other technical assistance to the Planning Board, Board of Health, or any other town board or commission, reasonably requesting such service.
In addition, the Engineering Department shall have final approval Responsibility for all plans and specifications relating to new construction and/or alterations or modifications of any existing structure and shall supervise the maintenance and repair, other than normal custodial duties of all town owned A buildings.
When reasonably requested the department shall supply engineering information to the town meeting.
3-2-4 Planning Board
(A) Composition, Term of Office -The planning board shall consist of five members elected to five-year over-lapping terms so arranged that the term of one member shall expire each year.
(B) Compensation -The planning board shall receive for their services such compensation as may annually be provided for that purpose by appropriation.
(C) Powers and Duties -The planning board shall from time to time make careful studies and when necessary prepare plans of the resources, potentials and needs of the town, and upon the completion of any such study, shall submit to the selectmen and town such part or parts thereof as said board may deem advisable and from time to time may extend or perfect such plan. In carrying out its tasks the planning board may employ the town Engineering Department or outside consulting firms when special skills are required.
The planning board shall regulate the subdivision of land within the meaning of the Subdivision control law (Chapter 41 of the General Laws).
The planning board shall serve in an advisory capacity to the capital budget I. committee.
(D) In addition to all powers and duties set forth herein, the planning board shall have all such powers and duties as set forth in applicable provisions of the General Laws or as may be authorized by this charter or by by-law.
3-2-5 Board of Health
(A) Composition, Term of Office -The board of health shall consist of three (3) members elected to three-year over-lapping terms, so arranged that the term of one member shall expire each year.
(B) Compensation -The members of the board of health shall receive for their services such compensation as may annually be provided for that purpose by appropriation.
(C) Powers and Duties in General -The board of health shall have all powers and duties as set forth in the applicable provisions of the General Laws or as may be created by by-law or this charter.3-2-6 Trustees of War Memorial There shall be a board of trustees of the War Memorial that shall be elected and have the power and duties as set forth in the pertinent section of the General Laws (C 41s105).
3-2-6 Trustee of War Memorial
There shall be a board of trustees of the war memorial which shall be elected and have the power and duties as set forth in the pertinent section of the general laws (c41s105).
3-2- 7 School Committee
(A) Composition, Term of Office -The school committee shall consist of five members elected to three-year over-lapping terms so arranged that the term of two members shall expire each year for each of two years and the term of one member shall expire on the third year.
(B) Powers and Duties- The school committee shall have all the powers and duties a school committee may have under the Constitution and General Laws of the Commonwealth, and it shall have such additional power and duties as may be authorized by this charter or by by-law.
3-2-8 Moderator
(A) Term of Office -A moderator shall be elected for a one-year term.
(B) Compensation -The moderator shall receive for his services such compensation as may annually be provided for that purpose by appropriation.
(C) Duties- The moderator shall preside at all sessions of the town meetings, regulate the proceedings, decide all questions of order, make public declaration of all votes, and perform such other duties as may from time to time be assigned to the office through by-law or vote of the town meeting or by this charter.
In addition thereto he shall have the duties set forth in Ch. 39, Sec. 15 of the General Laws.
(D) Temporary Absence -The town meeting may at any session elect a moderator pro tempore to preside in the moderator's absence or if and when he 1 declines to preside.
3-2-9 Town Clerk
(A) Term of Office- The town clerk shall be elected for a term of three years. He shall receive for his service such compensation as may annually be provided for that purpose by appropriations.
(B) Powers and Duties- The town clerk shall have the power and duties as set forth in the applicable provisions of the General Laws and such additional power and duties as may be authorized by this charter or by by-law.
(C) By-Laws- All town by-laws shall be filed with the town clerk. The town clerk shall publish, and make available, at reasonable cost, copies of the by-laws and this charter to all persons requesting them.
3-2-10 Housing Authority
There shall be a Housing Authority which shall be chosen and have the power and duties as set forth in the pertinent sections of the General Laws, as may be accepted by the town meeting.
3-2-11 Collector
(A) Term of Office -A collector shall be elected for a term of three years.
(B) Compensation -The collector shall receive for his services such compensation as may annually be provided for that purpose by appropriation.
(C) Duties -The collector shall have all powers and duties as set forth in the applicable provisions of the General Laws or as may be created by by-law or this charter.
3-2-12 Treasurer
(A) Term of Office -A treasurer shall be elected for a term of three years.
(B) Compensation -The treasurer shall receive for his services such compensation as may annually be provided for that purpose by appropriation.
(C) Duties -The treasurer shall have all powers and duties as set forth in the applicable provisions of the General laws or as may be created by by- law or this charter.
3-3 Vacancies
Should a vacancy occur in any office, board or commission, such vacancy shall be filled in accordance with the appropriate provisions of the General laws (Selectmen c 41 S10; Moderator c 39 S14; town clerk 41 S14; treasurer, collector and accountant c 41 S40; all other boards and commissions c 41 S11).
Vacancies on Committees or Study Groups may be filled by the appointing authority.
No vacancy shall be filled until 14 days after public notice of such vacancy.
TOWN ADMINISTRATOR
4-1 Qualifications
The qualifications of Town Administrator shall be established by personnel By-law.
4-2 Term
He shall be appointed for an initial term of three years. All subsequent terms for the same individual to be one-year terms.
4-3 Salary
His compensation shall be within the amount appropriated by the town for that purpose.
4-4 Personnel By-law
Except as provided herein, the office shall not be subject to any personnel by- law of the town.
4-5 Residential Requirements
He need not be a resident of the town or Commonwealth at the time of his appointment but must establish residence in the town within one year of his appointment.
4-6 Other Offices
He shall devote full time to the office and shall not hold any other public office, elective or appointive except as provided herein. He shall not engage in any other business or occupation during his term, unless such action is approved in writing by the board of selectmen.
4-7-1 Powers and Duties General
Except as otherwise authorized, the town administrator will report to the selectmen's office every business day, and will be engaged in such varied activities as the following: preparing the agenda for each weekly meeting of the board; handling all correspondence for the selectmen; receiving and carrying out decisions and instructions from them; coordinating the work of the several departments under the jurisdiction of the selectmen with other town departments and with state, county, or private agencies; providing the board with factual information upon which they make decisions and formulate policies; and receiving and adjusting complaints or making referrals to the proper govern- mental or private agency; shall at the request of the selectmen attend the town meeting.
4-7-2 Powers and Duties- Specific
The Town Administrator shall.
1) Administer the personnel by-law as voted by the town and as may be determined by collective bargaining agreements.
2) Maintain a full and complete inventory of the town's property both real and personal.
3) Supervise and maintain a central purchasing department.
4) Shall be an ex-officio non-voting member of all elected and appointed boards and commissions and committees.
5) Shall keep informed and report to the selectmen on developments in municipal administration, grants etc. at both the state and federal level.
4-8 Vacancy
Shall be filled as soon as reasonably possible, Temporary appointment for a period of no longer than four months may be made by selectmen in the absence of a fully qualified individual.
4-9 Removal As provided in Section 9-2 of this charter.
FINANCES AND FISCAL PROCEDURES
5-1 Fiscal Year
The fiscal year of the town shall be as required by the General Laws.
5-2 Submission of Budget and Budget Message
At least ten days before the end of the calendar year or ninety days before the annual town meeting, whichever date is latest, the selectmen assisted by the Town Administrator shall file with the advisory board a proposed budget for the ensuing fiscal year with an accompanying budget message and supporting documents.
5-3 Budget Message
The message of the selectmen shall explain the budget for all town agencies, both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the town for the ensuing fiscal year, describe important features of the budget, indicate any major variations from the current year in financial policies, expenditures and revenues together with reasons for such changes, summarize the town's debt position and include other material as the selectmen may require.
5-4 The Budget
The budget shall provide a complete financial plan of all town funds and activities, including the budget adopted by the school committee for the ensuing fiscal year. Except for the school budget or as may otherwise be required by statute or by this charter, it shall be in the form which the selectmen may require. In their presentation of the budget, the selectmen shall utilize modern concepts of fiscal presentation so as to furnish maximum information and provide the best financial control. The budget shall show in detail all estimated income from the proposed property tax levy and other sources and all proposed expenditures, including debt service for the following year. The budget shall be arranged to 1. show the actual and estimated income and expenditures for the previous, cur- -rent and ensuing fiscal years and shall indicate in separate sections:
(A) Proposed expenditures for current operations during the ensuing fiscal year, detailed by agency and position in terms of work programs, and the method of financing such expenditures;
(B) Proposed capital expenditures during the ensuing fiscal year, detailed by town agency, and the proposed method of financing each such capital expenditure; and
(C) Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes.
5-5 Action on the budget
(A) The board of selectmen and the advisory board shall jointly hold one or more public hearings on the proposed budget not less than fourteen (14) days prior to the town meeting at which it is to be submitted for adoption.
5-6 Capital Improvement Program
The selectmen assisted by the Town Administrator shall submit a capital improvement program to the advisory board at least one hundred and fifty (150) days before the start of each fiscal year. It shall be based on material prepared by the capital planning committee of the town, including
(A) A clear, concise, general summary of its contents,
(B) A list of all capital improvements proposed to be undertaken during the next ensuing five (5) years, with supporting information as to the needs of each such capital improvement,
(C) Cost estimates, methods of financing and recommended time schedules for each improvement, and
(D) The estimated annual cost of operating and maintaining each facility and piece of major equipment involved. This information is to be annually reviewed by the capital budget committee with regard to the capital improvements still pending or in the process of being acquired, improved or under construction.
5- 7 Financial Public Records
A summary of the budget and capital improvements program and related war- rant articles as adopted by the town meeting shall be prepared by the Town Administrator under the direction of the Selectmen and made available at the offices of both the Town Clerk and Selectmen for examination by the public not more than twenty days after their adoption. These provisions shall not affect the availability of the annual town report, the town warrant or the report of the advisory board.
GENERAL ORGANIZATION
6-1 General
Subject to the Massachusetts General Laws and the provisions of this charter, the town meeting may by by-law create, establish, organize, reorganize, consolidate or abolish any town board, commission, committee, department, office or agency in whole or in part as they deem necessary or advisable and shall pre- scribe the function of all such entities.
All appointments and promotion of town officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence and suitability.
No board, commission, committee or study group shall be appointed until the appointing authority clearly sets forth the objectives, duties, authority and term of such body, unless such information is contained in the legislation establishing such body. The foregoing shall not apply to such bodies existing at the adoption of this charter, but the appointing authority shall give such guidance and direction as any such existing body may reasonably request.
6-2 Definitions
For the purpose of this Charter, the school committee and any body elected under the authority of this charter; by-law or statute shall be classified as "board".
6-2-1 Boards
Boards shall perform the duties and have the authority as set forth in pertinent statutes and/or this Charter.
6-2-2 Commissions
Commissions shall perform a specific task, purpose, or portion of town business including negotiation of contracts and may receive monies and expend public funds in accordance with law, and regulations of selectmen; they shall be appointed by the selectmen unless, subject to the applicable provisions of the General Laws, the town meeting by a two thirds vote determines otherwise.
6-2-3 Committees
Committees shall accomplish a particular town function, assist officials, or study for and prepare legislation or other related matters and shall have Authority to expend funds appropriated for their purpose subject to approval by the selectmen. They shall be appointed by the selectmen unless subject to the applicable provisions of the General Laws, town meeting majority vote determines otherwise.
6-2-4 Study Groups
Study groups may be elected or be appointed by town moderator, or any board, commission, committee, town clerk, treasurer, collector, counsel, engineer or superintendent of schools. They shall on request furnish Selectmen or their appointing authority a progress report. They shall report on their study to the next Annual Town Meeting or when a majority of the group consider their task to have been completed in part or in whole. They shall have privileges to collect information from all sources.
6-3 Contracts
All contracts involving the Town, whether or not requiring expenditure of funds, shall be reviewed by Town Counsel for form and content.
PROCEDURES
7 -1 Meetings General
All multiple member boards, commissions or committees of the town whether elected or appointed or otherwise constituted, shall meet within 30 days of appointment and regularly at such times and places within the town as they may prescribe. Special meetings of any board, commission, or committee shall be held on the call of the respective chairman or by one third of the members thereof by suitably written notice delivered to the residence or place of business of each member at least twenty-four hours in advance of the time set. A copy of the said notice shall also be posted on the town bulletin board(s). Special meetings of any board, commission, or committee shall also be called within two (2) weeks after the date of the filing with the town clerk of a petition signed by at least twenty- five (25) registered voters and which states the purpose or purposes for which the meeting is to be called. All meetings of all boards, commissions and committees shall be open and public, provided, however, that the committee, commission or board may recess for the purpose of discussing in a closed or executive session limited to its own membership, any matter which would tend to defame or prejudice the character or reputation of any person, which would affect the public security, or which might have a direct fiscal effect .on the town provided that the general subject matter for consideration IS expressed in the motion calling for such session and that final action on the matter is not taken until the board, commission or committee comes back into formal session, except as provided in Section 23A, Ch. 39 of the General Laws.
7-2 Agendas
At least twenty-four hours before any meeting of a board, commission or committee is to be held an agenda containing all items whicl1 are scheduled to come before the board, commission or committee at the meeting shall be posted on the town bulletin board(s). No action taken on a matter not included in the posted agenda shall be effective unless the board, commission or committee first adopts by a separate vote a resolution declaring that a reasonable cause exists and stating such cause.
7 -3 Rules and Journal
Each board, commission or committee shall determine their own rules and order of business unless otherwise provided by this charter or by-law and shall provide for keeping a journal of their proceedings. Those rules and journa1s shall be a public record kept available in a place convenient to the public at all times and certified copies shall be kept available in the office of the town clerk.
7-4 Voting
Except on procedural matters, votes of all boards, commissions, committees shall be taken by a call of the roll and the ayes and nays shall be recorded in the journal, provided however, that if the vote is unanimous only that fact need be recorded.
7-5 Quorum
A majority of the members of the board, commission or committee shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the board, committee or commission; no other action of the board, commission or committee shall be valid of binding unless ratified by the affirmative vote of the majority of the full board, commission or committee.
RECALL AND REMOVAL
8-1 Recall
8-1-1 Who can be recalled -Any holder of an elective office, as defined in Article 3, may be recalled there from by the registered voters of the town as herein provided.
8-1-2 Recall Petition Any twenty-five (25) registered voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk shall thereupon deliver to said voters making the affidavit copies of petition blanks demanding such recall, copies of which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated, ... shall be addressed to the selectmen and shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit, and shall demand the election of a successor in the said office. A copy of the petition shall be entered in a record book to be kept in the office of town clerk. The recall petition shall be returned and filed with the town clerk within thirty (30) days after the filing of the affidavit, and shall have been signed by at least ten (10) per cent of the registered voters of the town, who shall add to their signatures the street and number, if any, of their residences. No more than 40% of the required signatures shall be from any one precinct.
The town clerk shall within twenty-four (24) hours of receipt submit the petition to the registrars of voters in the town, and the registrars shall within seven days certify thereon the number of signatures which are names of registered voters of the town.
8-1-3 Selectmen's Action on Receiving Petition If the petition shall be found and certified by the town clerk to be sufficient he shall submit the same with his certificate to the selectmen without delay, and the selectmen 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 (5) days thereafter, order an election to be held on a date fixed by them not less than thirty- five (35) nor more than forty-two (42) days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, how ever, that if any other town election is to occur within sixty (60) days after the date of the certificate, the selectmen 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 nevertheless proceed as provided in this section.
8-1-4 Nomination of Candidates Any officer sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing, the town clerk shall place his name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election, and the conduct of the same, shall all be in accordance with the provisions of law relating to elections, unless other wise provided in this section.
8-1-5 Incumbent Holds Office Until Election The incumbent shall continue to perform the duties of his office until the recall election. If then re-elected, he shall continue in office for the remainder of his un-expired term, subject to recall as before, except as provided in this section. If not re-elected in the recall election, he shall be deemed removed upon the qualification of his successor, who shall hold office during the un-expired term. If the successor fails to qualify within five (5) days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.
8-1-6 Propositions on Ballot Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X), may vote for either of the said propositions. Under the proposition shall appear the word "Candidates", the directions to voters required by section 42 of chapter 54 of the General Laws, and beneath this the names of candidates nominated as hereinbefore provided. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question is in the negative the ballots for candidates need not be counted.
8-1- 7 Repeat of Recall Petition
No recall petition shall be filed against an officer subjected to a recall election and not recalled thereby, until at least three (3) months after the election at which his recall was submitted to the voters of the town has elapsed.
8-1-8 Reappointment of Person Recalled
No person who has been recalled from an office, or who has resigned from office while recall proceedings were pending against him, shall be appointed to any town office within two (2) years after such recall or such resignation.
8-2 Removals and Suspensions
8-2-1 Applicability - Any appointed officer, including a member of any appointed board, commission, committee, or any appointed salaried employee of the town, not subject to the provisions of the state civil service law, whether appointed for a fixed or an indefinite term, may be suspended or removed from office by the appointing authority for good cause. The term cause shall include, but not be limited to the following: Incapacity other than temporary illness, inefficiency, absenteeism, insubordination and conduct unbecoming the office.
8-2-2 Temporary Suspension - Any appointed officer or salaried employee of the town may be suspended from office by the appointing authority if such action is deemed by them to be necessary to protect the interests in the town. How- ever, no suspension shall be for more than fifteen (15) days. Suspension may be coterminous with removal and shall not interfere with the rights of the officer or employee under the removal procedure given below.
8-2-3 The appointing authority when removing any such officer or employee shall act in accordance with the following procedure:
(A) A written notice of the intent to remove and a statement of the cause or causes therefore shall be delivered by registered or certified mail to the last known address of the person sought to be removed.
(B) Within five (5) days of delivery of such notice the officer or employee may request a public hearing at which he may be represented by counsel, shall be entitled to present evidence, call witnesses and to question any witness appearing at the hearing, which hearing shall be held within 15 days of receipt of such notice.
(C) Between one (1) and ten (10) days after the public hearing is adjourned, or if the officer or employee fails to request a public hearing between six (6) and fifteen (15) days after delivery of the notice of intent to remove the appointing authority shall take final action, either removing the officer or employee or notifying him that the notice is rescinded.
8-2-4 Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed to a fixed term is not reap- pointed when his original term expires.
GENERAL PROVISIONS
9-1 Charter Changes
This charter may be replaced, revised or amended in accordance with the procedures made available by article 89 of the amendments to the state constitution and any legislation enacted to implement the said amendment.
9-2 Severability
The provisions of this charter are severable. If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circum- stance is held invalid, the application of this charter and its provisions to other persons and circumstances shall not be affected thereby.
9-3 Specific Provisions Shall Prevail TO the extent that any specific provision of this charter shall conflict, with any provision expressed In general terms, the specific provisions shall prevail.
9-4 Rules and Regulations
A copy of all rules and regulations adopted by an officer, board, commission, committee, department or agency of the town shall be filed in the office of the, town clerk and made available for review by any person who requests such information.
TRANSITIONAL PROVISION
10-1 Continuation of Existing Laws
All general laws, special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this charter takes effect and which are not specifically repealed or amended hereby, nor are inconsistent herewith, shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation.
10-2 Continuation of Government
All committees, commissions, boards, departments, officers and other agencies of the town shall continue to perform their duties until reappointed, re-elected, or until successors to their respective positions are duly appointed or elected or their duties have been transferred.
10-3 Continuation of Administrative Personnel
Any person holding an office or position in the administrative services of the town, or any person serving in the employment of the town shall retain such office or position and shall continue to perform his duties until provisions shall have been made in accordance with this charter for the performance of the said duties by another person or agency; provided however, that no person in the permanent full time service or employment of the town shall forfeit his pay grade or time in service. All such persons shall be retained in a capacity as similar to their former capacity as it is practical so to do.
10- 4 Transfer of Records and Property
All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency shall be transferred forthwith to the office, department or agency to which such powers and duties are assigned.
10-5 Adoption of Certain Acts
The provisions of Chapter 41 Section 103 of the General Laws are hereby adopted. {Said section establishes a purchasing department authorized to purchase all supplies for the town and for every department thereof.) .
10- 6 Effective Date
This charter shall become effective July l' 1976. Notwithstanding the fore- going, the Board of Selectmen is authorized to appoint a temporary town administrator, effective July l' 1975, provided a personnel by-law establishing the qualifications of such office has been adopted and further provided the town has appropriated, necessary funds for compensation of said town administrator. Said temporary appointment not to extend beyond June 30, 1976
Sec. 3-2-8
(A) shall take effect upon completion of the present term of the incumbent moderator.
Sec. 3-1 (B), second clause shall not apply to any person who, on the effective date of this charter, is holding elective office by tenure by vote of the town.
Respectfully submitted,
Robert V. Cauchon, Chairman
Richard A. Hall, Vice Chairman
John Bangs, Clerk
James A. McLaughlin
John Clifford
Carolyn Jarvis
Dorothy McCann
Thomas Sheehan
Lawrence Callahan
Note:
What this Charter replaces- see 1941 Town of Marshfield Organization Chart