Loading...
HomeMy Public PortalAboutCharter Agenda Packet 02.19.21Archived: Wednesday, February 17, 2021 3:57:03 PM From: Peter Lombardi Se nt: Sun, 7 Feb 2021 22:52:57 To: Karen Whitney Cc: Robin Young Subject: FW: Review of DRAFT dated1.22.21 "An Act Establishing aCharter for the Town of Brewster" Se nsitivity: Normal Karen, I assume that you received this as well but perhaps not? Peter Peter Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 Effective December 22, 2020, until further notice: Based on current public health data, Brewster Town Offices will be CLOSED TO THE PUBLIC. Town Administration staff are working remotely, and will continue to respond to phone messages and email communications promptly. If you need assistance, please call (508) 896-3701 or email plombardi@brewster-ma.gov. For the latest updates on Town services, please visit www.brewster-ma.gov. Thank you for your continued understanding and cooperation. From: Dennis D. Hanson [mailto:Dennis_D_Hanson02631@hotmail.com] Sent: Saturday, February 6, 2021 8:26 AM To: Peter Lombardi <plombardi@brewster-ma.gov> Subject: Review of DRAFT dated1.22.21 "An Act Establishing aCharter for the Town of Brewster" Dear Duly Appointed Charter Committee Members, First, thank you for your commitment of your time and talent to this undertaking. I reviewed the above referenced DRAFT document and viewed the video presentation of February 2, 2021. I offer the following comments for your consideration: Chapter 4, Section 1 Town Manager,Paragraph 4-1-1. Within the next to last sentence, I believe it would be appropriate to change 2/3 vote to 3 of the 5 elected members of the Select Board. 2/3 is greater than 3. Would the intention have been 4 of the 5 members. Chapter 4, Section 1 Town Manager, Paragraph 4-1-5 a clarification in the language such as, "Select Board shall appoint an acting Town Manager within 14 calendar days from the first date of said event." Chapter 4, Section 3 Town Manager, Other Departments should there be a Paragraph lead addressing an individual on Adminis trative Leave, paid or unpaid. Chapter 5, Section 1 General Authority add in last sentence after"town clerk. . . and town website within 14 calendar days, excluding saturdays, sundays or designated legal holidays, of their creation." In an additional comment, I address this through the Charter Committee to the duly elected Select Board. I believe that s uch an important document orches trating changes to the operational form of our local Open Town Meeting form of government should not be brought forth during this current COVID-19 pandemic. Safe and confident in their ability to participate in such an important Town Meeting is called into question. Our Annual Town Meeting contains voluminous amounts of important Articles especially the General Operating and School Budgets as well as Capital Articles and Zoning considerations. I do not believe that such a document should be proposed until a more prudent occasion. Once again thank for an opportunity to review this proposal and submit my comments. Dennis D. Hanson Registered Voter Precinct One, West Brewster 87 Rocky Hill Road e mail: dennis_d_hanson02631@hotmail.com [R] 508.896.7216 [C] 508.558.5206, text & messaging Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov Charter 01-22-21 Page 1 of 2 Office of: Select Board Town Administrator MINUTES OF THE CHARTER COMMITTEE MEETING DATE: January 22, 2021 TIME: 9:00 AM PLACE: Brewster Town Office Building, 2198 Main Street (Virtual) PRESENT: Town Administrator Peter Lombardi, Karen Whitney, Cindy Bingham, Colette Williams (9:15 a.m.), William Meehan, Richard Koch Call to Order Chair Whitney called the meeting to order at 9:00 am and read the remote meeting information. Declaration of a Quorum A quorum was declared with 5 members present. Meeting Participation Statement Chair Whitney read the remote meeting information. Public Comment None. Review, Discuss and Approve January 15, 2021 Meeting Minutes Cindy Bingham moved to approve the January 15, 2021 meeting minutes as amended, Bill Meehan second. Peter Lombardi - Yes, Karen Whitney - Yes, Cindy Bingham - Yes, William Meehan – Yes, Richard Koch, Yes. The Committee voted 5-Yes 0-No. Review Revised Charter from Town Counsel The most recent version of the Charter document was reviewed by the committee. A summary of preambles from various towns was included. Ms. Bingham prefers the preamble to the Town of Newton. Mr. Meehan agrees that it is more inclusive. Mr. Lombardi feels the intent of that preamble also captures the sentiment that the Charter is not attempting to change the Town’s current form of governance. Other spacing and grammatical changes were addressed. The section on recall was slightly modified from the existing bylaw. This section will be further reviewed by Town Council following the recent veto of the recall provision for the Barnstable County Commission by Governor Baker due to language. Further amendment to the Fire Department and Police Department chapters was reviewed. In both sections the Chief of the department have responsibilities of the day to day operation of their respective departments, and have authority to take action to discipline or suspend their employees for up to five days with notification to the Town Administrator. Further action by the Town Administrator will be done in consultation with the Chief of the respective departments. The section regarding Water Commissioners is still yet to be completed. The Finance Committee section will have added language that allows members to participate in other Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov Charter 01-22-21 Page 2 of 2 Office of: Select Board Town Administrator committees in ex-officio capacity, as is in the Select Board chapter. Mr. Koch would like all changes made to the document to be reviewed by Town Counsel. The document will be posted to the website prior to the public forum on January 23rd. Review Presentation for Public Forum Scheduled for January 23, 2021 The Chair will call the meeting to order and conduct the roll call, as a quorum will be present. Mr. Meehan will be introduced to present the Charter document, and Mr. Lombardi will be monitoring the public feedback. Public questions will be held until the end of the presentation if there is a large attendance, but can be answered throughout the presentation if there is a small attendance. Mr. Koch raised a point that has been asked by members of the pubic, on why a Charter is needed. The Select Board tasked the Charter Committee to create the documents, and additional language will be added to the presentation to clarify that point. Ms. Bingham feels that people want to know not only what they are gaining by having a Charter, but what they are losing, or what it will change what they have now. Mr. Meehan will capture that in his presentation, and language will be added to the slides for context. Further minor revisions to the presentation was made by the committee including language revisions, addition of bullet points and relocation of other bullet points. Discuss Public Service Announcement Format and Other Outreach The updated version of the Charter will be sent to the Chairs of the Boards and Committees. Liaisons will notify their committees and a version will be posted on social media. Matters Not Reasonably Anticipated by the Chair None. Next Meeting(s): January 23, 2021 at 10 a.m. (Public Forum), February 5, at 9:00 a.m., February 6 at 6:00 p.m. (Public Forum), February 19, at 9:00 a.m. Adjournment Mr. Meehan moved to adjourn at 10:33am, Ms. Bingham second. Peter Lombardi - Yes, Karen Whitney - Yes, Cindy Bingham - Yes, William Meehan - Yes, Colette Williams – Yes. Richard Koch, Yes. The Committee voted 6- Yes 0-No. Respectfully submitted, Robin A Young Approved: _______________ Signed: _______________________________________ Date Accompanying Documents in Packet: Draft January 15, 2021 Meeting Minutes, Charter Presentation Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov Charter 01-23-21 Page 1 of 2 Office of: Select Board Town Administrator MINUTES OF THE CHARTER COMMITTEE PUBLIC FORUM DATE: January 23, 2021 TIME: 10:00 AM PLACE: Brewster Town Office Building, 2198 Main Street (Virtual) PRESENT: Town Administrator Peter Lombardi, Karen Whitney, Cindy Bingham, Colette Williams, William Meehan, Richard Koch Call to Order Chair Whitney called the meeting to order at 10:00 am and read the remote meeting information. Declaration of a Quorum A quorum was declared with 6 members present. Meeting Participation Statement Chair Whitney read the remote meeting information. Public Forum Presentation and Discussion Mr. Meehan gave a presentation on the Charter to the general public. This presentation included the developmental history of the Charter document and an overview of the language in the final draft version. Each chapter was summarized and included an explanation of what Town practices will be kept and those that will be added. Public comment was received by William Henchy, suggesting continuing the appointment of the Police and Fire Chief by the Select Board, suggests having elected Board and Committees have alternates, a state of emergency to be declared by the Select Board and not a staff member. He strongly disagreed on the procedure for the amendment of the Charter document, and feels that amendment should be approved by a Town Meeting. Mr. Lombardi clarified that the Select Board would retain the hiring authority for those two positions, acting on recommendation of the Town Administrator and that the elected Board and Committees were consulted and they were not interested in having alternates. Mr. Lombardi read in a question, asking if there would be a general housekeeping of the existing By-Laws. There would be a review of them initially and 5 years following the adoption of the Charter, every 10 years thereafter. A question was read regarding the State of Emergency. The change in the Charter would allow for the declaration to be made by the Town Manager instead of the Select Board. Matters Not Reasonably Anticipated by the Chair None. Next Meeting(s): February 2, 5, 2021, 9 a.m.; February 19, 2021, 9 a.m. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov Charter 01-23-21 Page 2 of 2 Office of: Select Board Town Administrator Adjournment Mr. Meehan moved to adjourn at 11:20am, Ms. Bingham second. Peter Lombardi - Yes, Karen Whitney - Yes, Cindy Bingham - Yes, William Meehan - Yes, Colette Williams – Yes. Richard Koch, Yes. The Committee voted 6- Yes 0-No. Respectfully submitted, Robin A Young Approved: _______________ Signed: _______________________________________ Date Accompanying Documents in Packet: Charter Presentation. AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER1 Table of Contents SPECIAL ACT SECTION 1. CHARTER ....................................................................................2 CHAPTER 1 POWERS OF THE TOWN ............................................................2 CHAPTER 2 TOWN MEETINGS AND ELECTIONS .......................................3 CHAPTER 3 THE SELECT BOARD ..................................................................8 CHAPTER 4 TOWN MANAGEMENT ............................................................11 CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES .................15 CHAPTER 6 FINANCIAL PROVISIONS ........................................................19 CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW..........................................................................................21 SPECIAL ACT SECTION 2. CONTINUATION OF EXISTING LAWS ................................22 SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT ..................................22 SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL .......................................22 SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY ......................22 SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. ........................22 SPECIAL ACT SECTION 7. TRANSITION ...........................................................................23 SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT ....................................................23 1 The text of the Charter itself appears in Special Act Section 1 and ends on page 21. The other sections of the special act, shown in italic text, will not appear in the Charter but will address the legal elements of the Town’s legal transition to the Charter form of government. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -2- AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SPECIAL ACT SECTION 1. Notwithstanding any general or special law to the contrary, the following shall be the charter for the town of Brewster: Brewster Town Charter Preamble: We, the people of the Town of Brewster, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government, adopt this charter with the expectation and intent that the Charter will continue and enhance the town’s strong traditions of active voter participation; ethical, transparent and responsive leadership; wise use of public resources; respect for all in the community; and an engaged citizenry. We expect and intend that our government will be welcoming and inclusive and will promote equality and respect for all people. CHAPTER 1 POWERS OF THE TOWN SECTION 1 Incorporation 1-1-1 The present town of Brewster, Massachusetts, within its corporate limits as now established, shall continue to be a body politic and corporate under the name, town of Brewster. SECTION 2 Scope of Town Powers 1-2-1 The town shall possess and exercise all powers possible under the constitution and laws of the commonwealth of Massachusetts as fully and completely as though those powers were expressly enumerated in this chapter. SECTION 3 Form of Government 1-3-1 This charter provides for a select board-open town meeting-town manager form of town government. SECTION 4 Construction of Charter 1-4-1 The power of the town under this charter shall be construed liberally in favor of the town, and the specific mention of particular powers in the charter shall not be construed as limiting in any measure the general powers of the town as stated in section 1-2-1. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -3- SECTION 5 Intergovernmental Relations 1-5-1 The town may exercise, consistent with the law, any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any 1 or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United States government. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -4- CHAPTER 2 TOWN MEETINGS AND ELECTIONS SECTION 1 Legislative Power 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. SECTION 2 Open Town Meeting 2-2-1 Business sessions of the annual town meeting shall be held on the first Monday in May and may be continued on such additional days as may be decided by the town meeting upon recommendation of the select board. There shall also be a second business session of the annual town meeting held in the last 3 months of the calendar year on a date to be determined by the select board, which meeting shall be an "annual town meeting" for purposes of the general laws; provided, however, that the select board may, at its discretion, cancel said fall annual town meeting no later than September 15 in any year, so long as no more than 5 citizen petitioned articles submitted pursuant to section 2-4 for inclusion on the warrant at said fall annual town meeting and notice of the select board's action with regard to such meeting shall be posted on the town website and principal bulletin board. The select board's decision as to whether to hold a fall town meeting shall not prohibit the select board from calling for a special town meeting, from time to time, at its discretion. SECTION 3 Warrant 2-3-1 Town Meeting Warrants A) Except for procedural matters, all subjects to be acted on by town meeting shall be placed on warrants issued by the select board. B) The date of the closure of the warrant to petitioned articles shall be set by by-law. 2-3-2 Posting A) In addition to any notice required by the general laws, the select board shall post the town meeting warrant at the following locations: town hall and at least 1 location in each precinct, and make available sufficient copies of the warrant at the town meeting for all registered voters in attendance. B) In addition, the select board shall, at least 1 week prior to the meeting, post the warrant for such meeting on the town website, and make the same available at town hall, and as required by by-law or select board policy, at town facilities and other common locations throughout the town. However, failure to timely post the warrant on the website or to make such copies available no later than 1 week prior to the date of the town meeting shall not invalidate or otherwise affect the legality or validity of the actions taken at the town meeting. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -5- SECTION 4 Citizen Petitions 2-4-1 Any 10 voters of the town may secure, by written petition to the select board, the inclusion of an article for the warrant of any duly scheduled annual town meeting, and at least 100 registered voters may secure the same for any duly scheduled special town meeting. 2-4-2 The select board may provide a pre-petition process whereby petitioners can seek review of proposed petitions prior to submission. SECTION 5 Quorum 2-5-1 The town meeting shall establish by town by-law a quorum requirement for the opening of its business, but a smaller number than the established quorum may adjourn immediately any meeting to a stated date, time and place as recommended by the select board; provided, however, that in the event of a state of emergency declared by the Governor to protect the public health or safety, the quorum may be reduced in the manner set forth in section 7 of chapter 92 of the acts of 2020. SECTION 6 Presiding Officer 2-6-1 Moderator. A moderator, who shall be a registered voter of the town, shall be elected for a 3-year term. All sessions of the town meeting shall be presided over by a moderator, elected as provided in section 2-10-1. The moderator shall regulate the proceedings, decide questions of order and make public declarations of all votes. The moderator shall have all of the powers and duties given to moderators pursuant to the constitution and the general laws, and such additional powers and duties as may be authorized by the charter, by by-law or by other town meeting vote. 2-6-2 Deputy Moderator. The moderator shall appoint a deputy moderator for a 1-year term who shall, in the event the moderator is absent or has a conflict, serve as moderator. 2-6-3 Vacancy. If the office of moderator becomes vacant, the select board shall appoint a registered voter of the town as acting moderator, who shall not be an elected town officer, who shall serve as such until the next scheduled election of town officers. SECTION 7 Rules 2-7-1 Unless otherwise provided by by-law, rules of procedure for the town meeting shall be in accord with “Town Meeting Time, A Handbook of Parliamentary Law” published by the Massachusetts Moderators Association, as it may be amended from time to time. SECTION 8 Clerk of the Meeting 2-8-1 The town clerk shall serve as the clerk to the town meeting. In the event that the town clerk is absent, the assistant town clerk shall so serve, regardless of whether such assistant is a resident or registered voter of the town. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -6- SECTION 9 Report 2-9-1 A journal of the proceedings of the town meeting shall be kept as a permanent record in the town clerk’s office and it shall be a public record. SECTION 10 Elections 2-10-1 The annual election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. Whenever the annual election for the election of officers and such matters as are by law determined by ballot falls fewer than 2 weeks after the scheduled beginning of the spring annual town meeting, then the annual election shall be held on the 4th Tuesday in May. Notwithstanding any other provision of this paragraph, however, the select board may delay the date of the annual election to another date in the same fiscal year if the Governor has declared a state of emergency to protect the public health or safety. SECTION 11 Elected Officers 2-11-1 The registered voters of the town of Brewster shall, in accordance with any applicable laws, by-laws, voters of the town or intergovernmental agreement, elect the following, with members of multi-member bodies to be elected for overlapping terms: a) Moderator for a 3 year term; b) Select board of 5 members, each for a 3 year term; c) Brewster school committee of 5 members, each for a 3 year term; d) Representatives to the Nauset regional school district school committee, as the regional school agreement shall provide, and as it may be amended from time to time; e) Board of health of 5 members, each for a 3 year term; f) Planning board of 7 members for 4 year terms; g) Recreation commission of 5 members for 3 year terms; h) Historic district committee of 5 members, with 4 elected members and 1 member appointed by the select board, each for a 3 year term; i) Housing authority of 5 members, of which 3 shall be elected and 2 shall be appointed, in accordance with requirements of state law as it may be amended from time to time; and (j) Constable for a 3 year term, provided, however, that the authority of the elected constable in the town of Brewster shall be limited to the posting of the warrant for a town meeting or town election, provided, further, that the person holding such position shall conform to any reasonable SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -7- regulations concerning such responsibilities as may, from time to time, be proposed by the chief of police and approved by the select board. SECTION 12 Recall of Elected Officers 2-12-1 Recall of Elected Officers Any holder of an elected office in the town of Brewster may be recalled from that office by the registered voters of the Town as hereinafter provided, for reasons including but not limited to neglect of duties, malfeasance, misconduct or inability to perform official duties; provided, however, that the question of whether the reasons stated for recall justify recall of a particular officer shall be determined solely by the voters. A) Initiation of petition; submission; certification Any 25 registered voters of the town of Brewster may initiate a recall petition by filing with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall, and specifying the lead petitioner. The town clerk shall thereupon make available to said lead petitioner copies of petition blanks demanding such recall, printed copies of which the town clerk shall keep available. Such blanks shall be issued by the town clerk under the town seal, and be dated, be addressed to the select board, and shall contain the names of all the 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 to such office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. Said recall petition shall be returned and filed with the town clerk within 20 days after notification by the town clerk to the lead petitioner that the recall petitions are available, and shall have been signed by at least 12% of the registered voters of the town as of the last regular election, who shall add to their signatures the street and number, if any, of their residence. The town clerk shall within 1 working day of receipt submit the petition to the registrars of voters in the town, and the registrars shall within 5 working days certify thereon the number of signatures which are names of registered voters of the town. B) Delivery to officer; order of recall proceedings If the petition shall be found, and certified by the town clerk and board of registrars to be sufficient, the town clerk shall submit the same with the town clerk's certificate to the select board within 3 working days, and the select board shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If the officer does not resign within 5 days thereafter, the select board shall order an election to be held on a date fixed by it not less than 65 and not more than 90 days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within 100 days after the date of certification, the select board shall postpone submission of the question of recall to the date of such other election. No person shall be subject to recall if their term of office expires within 90 days of the certification. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -8- C) Conduct of Recall An officer sought to be removed may be a candidate to succeed themselves and unless they request otherwise in writing, the town clerk shall place their name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election, and the conduct of same, shall all be in accordance with the provisions of law relating to elections. D) Action upon completion of recall The incumbent shall continue to perform the duties of the office until the question of recall has been acted upon by the voters. If then re-elected, the officer shall continue in office for the remainder of their unexpired term subject to recall as before, except as provided in this charter. If not re-elected, they shall be deemed removed; their successor shall serve the remainder of the unexpired term. Provided however, if the successor fails to qualify within 10 days after receiving notification of their election, the office shall be deemed vacant. E) Ballots to be used (1) Ballots used for recall shall submit the following propositions in the order indicated: For the recall of (name and title of officer). Against the recall of (name and title of officer). ii) Under the propositions shall appear the word "Candidates," the directions to the voters required by G.L. c. 54, § 42, and beneath this the names of candidates nominated in accordance with the provisions of law relating to election. 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 the votes on the question is in the negative, the ballots for candidates shall not be counted. F) Time limits on filing of petitions No recall petition shall be filed against an officer within 90 days after taking office, nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least 6 months after the election at which their recall was submitted to the voters of the town. G) Limits on appointments after filing of recall petition No person who has been recalled from an office or who has resigned from office following the filing of a recall petition shall be appointed to any Town office within 2 years after such recall or such resignation. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -9- CHAPTER 3 THE SELECT BOARD SECTION 1 Composition, Compensation and Vacancies 3-1-1 There shall be a select board consisting of 5 members elected for 3-year overlapping terms. The board collectively shall serve as the executive branch of town government. For purposes of the Massachusetts general laws and regulations, any special laws applicable to the town of Brewster, as well any local law or regulations, the “select board” referred to hereunder shall have all the powers, duties and responsibilities of a board of selectmen. 3-1-2 A chair, vice-chair and clerk shall be elected by the select board at the first meeting following each regular town election. 3-1-3 A quorum of the select board shall be 3 members. 3-1-4 Each member of the select board may receive an annual stipend as set forth in the Brewster by-laws, subject to appropriation by town meeting. 3-1-5 If a member of the select board dies, resigns, is convicted of a felony while serving, or ceases to be a registered voter, the resulting vacancy may be filled by special election in accordance with Massachusetts general laws. SECTION 2 General Powers and Responsibilities 3-2-1 The select board shall exercise the powers and duties prescribed by the Massachusetts general laws, this charter, and the Brewster general by-laws. The select board may delegate powers and duties to the town manager or to another town board. The select board shall enforce the laws and orders of the town, including this charter. 3-2-2 The select board shall be the primary policy-making, planning, and goal-setting agency of the town; provided, however, that no individual member of the board, nor a majority of them, shall at any time, attempt to become involved in the day-to-day administration of the affairs of the town. It is the intention of this provision that the select board shall act only through the adoption of policy directives and guidelines which are to be implemented by officers and employees appointed by or under its authority. 3-2-3 The select board, following the development of the proposed budget by the town manager, shall review the annual proposed operating and capital budgets submitted by the department heads, and shall make the main motion under the budget article at the annual town meeting. 3-2-4 The select board shall protect the assets of the town. 3-2-5 The select board shall approve all collective bargaining agreements of the town negotiated by the town manager, consistent with the provisions of G.L. c.150E as it may be amended from time to time. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -10- 3-2-6 The select board shall, no less than 1 time per year, meet jointly with the finance committee, the Brewster school committee, the Nauset regional school district school committee, and the Cape Cod regional technical high school district school committee, or their respective designees, for the purpose of sharing information. 3-2-7 The select board shall be the licensing authority of the town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of said licenses and to attach conditions and restrictions thereto as it deems to be in the public interest, and to enforce the law relating to all business for which it issues licenses; provided, however, that the board may, at its discretion, delegate responsibility to the town manager or a board created for such purposes for issuance and enforcement of 1 or more licenses. 3-2-8 The select board shall ensure that the Brewster general by-laws are kept current. 3-2-9 The select board shall be responsible to ensure that the town manager complies with the charter. 3-2-10 The select board shall approve all personnel policies proposed by the town manager in accordance with section 4-1-4(K). SECTION 3 Written Records and Communication to the Town 3-3-1 Any goal, policy, plan, or official act adopted by the select board shall be in writing and included in its entirety in the minutes of the meeting at which it was adopted. The town manager shall ensure that a file containing a complete list of the select board’s current policies and goals is posted on the town website for public reference. The select board shall designate to the town manager the publishing of an annual town report for each calendar year. 3-3-2 Before August 31 and after the annual town election, the select board shall hold a meeting for the purpose of stating the board's goals for the next fiscal year(s), referred to as the “Annual Goal Setting Meeting.” SECTION 4 Powers of Appointment 3-4-1 The select board shall select, and enter into a contract with, a town manager. If the town manager position becomes vacant for any reason, the select board shall designate a qualified person to serve in an acting capacity. 3-4-2 The select board shall appoint, following consultation with the town manager, the fire chief, police chief, and town counsel. 3-4-3 The select board shall appoint members of all multiple member bodies, except as otherwise provided in this charter. 3-4-4 The select board may appoint ad hoc committees as it deems necessary or appropriate. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -11- SECTION 5 Investigatory Powers 3-5-1 The select board may investigate the alleged misconduct of the town manager, any town board, or any member of a town board. The select board may direct the town manager to investigate the affairs of the town, the conduct of any town department or town employee, and any claim against the town. 3-5-2 Any potentially criminal matter shall be referred to the appropriate law enforcement agency. SECTION 6 Limitations and Public Ceremonies 3-6-1 Unless specifically provided in State law, a member of the select board may not hold any other position in town government, whether appointed or elected, paid or unpaid, that is created by the select board or town meeting; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this paragraph. Further, service as a representative from the town to a governmental body other than the town shall not be prohibited by this provision. 3-6-2 The select board, and individual members thereof, shall deal with employees who are under the direction and supervision of the town manager solely through the town manager, except when the select board is conducting an investigation of the town manager under section 3- 5-1, in which case such employee shall contact the select board chair. Furthermore, neither the select board nor its individual members shall give direct orders to any such employee. 3-6-3 Except as otherwise specified in this chapter, the select board shall be subject to the same rules as apply to all other town boards, including that members have no authority in their individual capacities except as delegated by majority vote of the select board. 3-6-4 The select board shall represent the town for all ceremonial purposes. SECTION 7 Code of Conduct The select board shall adopt a policy establishing a code of conduct applicable to all appointed and elected officials, which policy shall be amended from time to time at the board’s discretion, and, further, that any additional code of conduct adopted by another board shall be no less restrictive. Any code of conduct adopted by a board shall be posted in its office and on the town website. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -12- CHAPTER 4 TOWN MANAGEMENT SECTION 1 Town manager 4-1-1 Appointments and Qualifications The select board shall by majority vote of the entire select board appoint a town manager. The method of selection shall be left to the discretion of the select board so long as the method of selection insures orderly, nonpartisan action toward securing a competent and qualified person to fill the position. The town manager shall be chosen solely upon the basis of the individual’s administrative training, education, experience and ability and need not, when appointed, be a resident of the town of Brewster; provided however, that the town manager shall establish such residence within 12 months following the effective date of appointment and provided further that the select board may, by no less than a 2/3 vote of the entire board, extend to a time certain the time for establishing residence or waive this requirement in its entirety. The town manager shall be bonded at town expense. 4-1-2 Compensation The town manager shall receive compensation as may be fixed by the select board within the amount appropriated by town meeting and according to the town manager’s expertise, education and training. Any contract between the select board and town manager shall be made consistent with the provisions of G.L. c.41, §108N. 4-1-3 Term and Removal The town manager may be appointed for a definite term, but may be removed at the discretion of the select board by vote of the majority of the entire select board. The action of the select board in suspending or removing the town manager shall be final. It is the intention of this charter to invest all authority and fix all responsibilities of such suspension or removal in the select board. 4-1-4 Powers and Duties The town manager shall be responsible to the select board for the proper administration of all the affairs of the town consistent with the general laws and this charter, and shall: A) appoint for a term of years or, at the town manager’s discretion, for an unlimited period, all town employees, including civil service positions, not otherwise addressed herein, but excluding employees of the Brewster school department, provided, however, that the town manager shall: i.Act upon recommendations from the police chief and the fire chief respectively, for appointment of employees of the police and fire departments; ii.Consult with appropriate department head or multiple-member body for appointment of employees of other departments or multiple-member bodies. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -13- B) supervise, discipline, suspend or remove all appointed department heads and employees and organize and structure all town departments accordingly, except as otherwise provided in section 4-3; C) administer and enforce the general laws or special acts of the commonwealth or town by- laws and all regulations established by the select board; D) coordinate activities of all town departments; E) attend all sessions of the town meeting and answer all questions addressed to the town manager which are related to the warrant articles and to matters under the general supervision of the town manager; F) keep the select board fully informed as to the needs of the town and recommend to the select board for adoption such measures requiring action by the select board or by the town as the town manager deems necessary or expedient; G) ensure that complete and full records of the financial and administrative activity of the town are maintained and render reports to the select board as may be required; H) be responsible for the rental, use, maintenance, repair and the development of a comprehensive maintenance program for all town facilities; I) serve as the chief procurement officer for purposes of G.L. c.30B and be responsible for the purchase of all supplies, materials, and equipment, approve the award and execute all such contracts; provided, however that any contract over $1,000,000, or such higher amount as shall be approved by the select board from time to time, shall require approval by the select board; J) develop and maintain a formal and complete inventory of all town-owned real and personal property and equipment; K) propose personnel policies for approval by the select board under section 3-2-10 and administer all personnel policies, practices, rules and regulations, any compensation plan and any related matters for all municipal employees and administer all collective bargaining agreements entered into by the town; L) fix the compensation of all town employees and officers appointed by the town manager; within the limits established by appropriation and any applicable compensation plan and collective bargaining agreements; M) be responsible for the negotiation of all contracts with town employees regarding wages and other terms and conditions of employment, except employees of the Brewster school department. The town manager may, subject to the approval of the select board, employ special counsel to assist in the performance of these duties. Collective bargaining agreements shall be subject to the approval of the select board in accord with the provisions of G.L. c.150E; SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -14- N) be responsible for the preparation and development of the financial forecast, annual operating and capital budgets and 5-year capital improvement plan, consistent with policy guidance provided by the select board, and prepare and submit to the select board and finance committee such budget and plan, and be responsible for the administration of such budget and plan after their adoption; O) keep the select board and the finance committee fully informed as to the financial condition of the town and make recommendations to the select board; P) investigate or inquire into the affairs of any town department or office; Q) have full authority to act on behalf of the town during emergencies, including direction of town personnel, declaring states of emergency, opening the emergency operations center and shelters and the emergency expenditure of funds, and to delegate any and all such responsibility by appointing an emergency management director who is a town employee duly trained in public safety, and a deputy emergency management director to assist the emergency management director and to assume the duties of the emergency management director in their absence; R) delegate, authorize or direct any subordinate or employee in the town, including an assistant town manager if any, and subject to funding therefor, to exercise any power, duty, or responsibility that the office of town manager may exercise, provided, that all acts performed under such delegation shall be deemed the acts of the town manager; and S) perform such other duties as necessary or as may be assigned by this charter, town by-law, town meeting vote, or vote of the select board. 4-1-5 Acting Town manager The town manager shall appoint as acting town manager a town employee who shall perform the duties of the town manager in the town manager’s absence; provided, however, that if there is an assistant town manager serving at the time of any such absence, such person may function as the acting town manager. In the event of long-term disability or absence exceeding 2 weeks, or the resignation, termination or vacancy in the office of town manager, the select board shall appoint an acting town manager for the duration of any such disability or until appointment of a permanent town manager. No member of the select board shall serve as acting town manager. SECTION 2 Town Counsel 4-2-1 The select board shall appoint a competent and duly qualified and licensed attorney practicing in the commonwealth to be the counsel for the town. Town counsel shall receive such compensation for services as may be fixed by the select board and shall hold office at the pleasure of the select board. The town counsel shall be the legal adviser of all of the offices and departments of the town and shall represent the town in all litigation and legal proceedings; provided however, that the select board may retain special counsel at any time the select board deems appropriate and necessary. The town counsel shall review and concur or dissent upon all documents, contracts and legal instruments in which the town may have an interest. The town counsel shall perform other duties prescribed by this charter, town by-law or as directed by the SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -15- select board. No employee, committee or board, elected or appointed, other than the select board, shall contact or otherwise interact with the town or labor counsel in a manner inconsistent with the policy relative to access to counsel established by the select board. This provision shall not limit the school committee from retaining its own legal counsel. Section 3 Other Departments 4-3-1 Fire Department. Except as otherwise provided in this charter, there shall be a fire department consistent with the provisions of G.L. c.48, §§42, 43, and 44. The fire chief shall have responsibility for the day-to-day supervision of firefighters and the fire department. The fire chief shall have additional authority to discipline or suspend firefighters for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to take action under section 4-1(B) with respect to subordinate members of the fire department, the town manager first shall consult with the fire chief. 4-3-2 Police Department. Except as otherwise provided in this charter, there shall be a police department consistent with the provisions of G.L. c.41, §97A. The police chief shall have responsibility for the day-to-day supervision of subordinate police officers and the police department. The police chief shall have additional authority to discipline or suspend police officer for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to takes action under section 4-1(B) with respect to subordinate members of the police department, the town manager first shall consult with the police chief. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -16- CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES SECTION 1 Appointed Boards and Committees 5-1-1 General Authority A) In addition to any boards and committees specified in this charter, boards and committees may be created by adoption of by-laws, votes of town meeting, or votes of the select board. A list of any such boards and committees, specifying the number of members, terms of office, if any, and listing their respective charges, shall be maintained in the office of the town clerk. B) Notwithstanding any other provision of this charter or general laws to the contrary, any person appointed to a multiple member body may be removed by their respective appointing authority, following written notice and the opportunity for a public hearing; provided, however, that failure to reappoint following the expiration of an appointed term shall not constitute removal. SECTION 2 Moderator Appointments 5-2-1 Power to appoint The moderator shall have the power to appoint members of those boards and commissions authorized under this chapter, by-law, vote of town meeting, or regional school district agreement. Appointments made by the moderator shall in each instance be for a fixed term and such appointments shall not be subject to review or confirmation by any other person or group. 5-2-2 Finance Committee A) Establishment; membership. There shall be a finance committee appointed by the town moderator consisting of 9 residents of the town who shall serve without pay and who shall hold no other town office or employment, each of whom shall serve a 3 year term beginning on July 1 and terminating on June 30 of the third year following appointment. Vacancies on the committee shall be filled by the moderator for the remainder of the original term. A member of the finance committee may not hold any other position in town government, whether appointed or elected, paid or unpaid, that is created by the select board or town meeting; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this paragraph. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -17- B) Duties. The finance committee shall consider all the articles in any town meeting warrant, and report to town meeting its recommendations by posting the same on the town website, and in any other manner it deems appropriate. Following the drawing up of the warrant for a town meeting, the select board shall forthwith forward the same to the members of the finance committee. The finance committee shall annually prepare for the annual town meeting a comprehensive summary of the current condition of the town’s finances. C) Investigative Authority. To carry out these duties, the finance committee shall have authority to investigate the books and/or accounts of any department of the town. The finance committee, and individual members thereof, shall deal with employees who are under the direction and supervision of the town manager solely through the town manager. Furthermore, neither the finance committee nor its individual members shall give direct orders to any such employee. SECTION 3 Alternate Members of Certain Multiple-Member bodies 5-3-1 Alternate Members of Certain Elected Boards The select board, following consultation with a board elected under section 2-11-1(C), (E), (F), (G) or (H), appoint not more than 2 alternate members to serve for terms of 1 or 2 years. The chair of each board to which alternate members have been appointed may designate an alternate member to sit on the board in the case of absence, inability to act or conflict of interest, on the part of any member of the board, or in the event of a vacancy. Any vacancies arising in said alternate position shall be filled in the same manner as the original appointment for the remainder of the unexpired term. 5-3-2 Alternate Members of Appointed Boards The appointing authority may appoint not more than 2 alternate members to boards addressed by sections 5-1-1(A) and 5-2-1 for terms of 1 or 2 years. The chair of each board to which alternate members have been appointed may designate an alternate member to sit on the board in the case of absence, inability to act or conflict of interest, on the part of any member of the board, or in the event of a vacancy. Any vacancies arising in said position shall be filled in the same manner as the original appointment for the remainder of the unexpired term. SECTION 4 General Provisions Applicable to Multiple Member Bodies 5-4-1 Charge Except as otherwise provided in this charter, each multiple member body set forth or authorized in Sections 5-1-1(A) and 5-2-1 shall be organized and charged with, as applicable, the powers and duties specified in the general laws and special acts of the commonwealth, town by-laws, town meeting vote, vote of the select board, or otherwise as provided herein. 5-4-2 Organization and Report Each multiple member body shall elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its selection. Such organization shall be taken up at SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -18- the first meeting after the election for all elected boards, at the first meeting after annual appointments are made, or the first meeting of a new board or committee. All boards and committees created under chapter 5 of this charter, or pursuant to a by-law, shall make a written annual report of their activities to the select board in accordance with section 3-3-1. 5-4-3 Resignation A resignation of any elected town officer under section 2-11-1, or any appointed multiple member created by this charter or by by-law under section 5-1-1(A) or 5-2-1, shall be deemed effective when such resignation is filed with the town clerk or at such later time certain as may be specified in such filed resignation. 5-4-4 Excessive Absences; Loss of Appointed Office For the purpose of this charter, 3 consecutive absences from meetings of a multiple member body shall be considered a reason for removal. Under such circumstances, the chair of the multiple member body may notify the appointing authority, which may, in accord with section 5- 1-1(B) remove the appointee and notify the town clerk in writing that the position has been vacated. SECTION 6 CAPE COD REGIONAL TECHNICAL HIGH SCHOOL DISTRICT SCHOOL COMMITTEE AND OTHER REGIONAL ENTITIES 5-6-1 Members of the Cape Cod regional technical high school district school committee shall be appointed or elected in accord with the regional school district agreement as it may be amended from time to time. 5-6-2 Election or appointment to other regional entities as may be formed from time to time shall be in accord with an applicable intermunicipal agreement for such purposes. SECTION 7 Water Commission [STILL TO BE ADDRESSED] SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -19- CHAPTER 6 FINANCIAL PROVISIONS SECTION 1 Budget Schedule 6-1-1 Annually, before December 1, the town manager shall establish and issue a budget schedule that shall set forth the calendar dates for developing the annual budget for the next fiscal year. 6-1-2 On or before December 15, the town manager shall present a financial forecast to the select board. Thereafter, the select board shall set guidelines for the preparation of the annual budget. 6-1-3 On or before February 15, the town manager shall submit to the select board a proposed line item budget and accompanying message. SECTION 2 Proposed Budget 6-2-1 The budget shall provide a complete financial plan of all town funds and activities, including details on debt and debt service, anticipated income, and proposed expenditures. 6-2-2 The budget message shall begin with a clear general summary of its content and explain in both fiscal terms and program objectives, proposed expenditures for each department, and the projected tax rate. SECTION 3 Budget Adoption 6-3-1 Town meeting shall adopt the annual operating budget, with or without amendments, before the beginning of the fiscal year, except in the event that the governor has declared a state of emergency to protect the public health or safety and the town meeting cannot complete its business as a result thereof. SECTION 4 Capital Planning 6-4-1 Capital Improvement Plan The town manager shall prepare a 5-year capital improvement plan, identifying proposed capital outlays or acquisitions in excess of $10,000, or such other sum as shall be determined by the select board from time to time, for any 1 project, whether it be spent in 1 year or over several years. The town manager, in the town manager’s sole discretion, may appoint a committee to assist the town manager with preparation of the plan. 6-4-2 Contents of plan. (A) The plan shall include all town activities and departments. Proposed capital expenditures for regional entities shall be consistent with the regional or intermunicipal agreement establishing such entities. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -20- (B) The plan shall include a list, by department, of all proposed capital improvements to be undertaken during the next 5 fiscal years and shall include cost estimates, methods of financing and time schedules. This information shall be revised and extended on an annual basis. 6-4-3 Submission to Select Board. (A) The capital improvement plan shall be submitted to the select board by February 1 of each year. (B) The select board shall, after providing 7 days’ notice in the manner required by the Open Meeting Law, G.L. c.30A, §20 and its implementing regulations, hold a public hearing on said plan. The select board shall make the plan available for public inspection. 6-4-4 Submission to Town Meeting. The select board shall prepare and submit to every annual town meeting a summary of the capital expenditure plan, identifying all proposed capital expenditures for the next 5 years estimated to cost $100,000 or more, or such other amount as the select board shall decide from time to time, and including the year in which it is anticipated to be expended, the amount and its anticipated source of funding. SECTION 5 Annual Audit 6-5-1 At the close of each fiscal year, and at such times as it may be deemed necessary, an independent audit shall be undertaken of all accounts of the town by a certified public accountant. The audit committee created by by-law, if any, or in the absence thereof, the select board, shall solicit a firm or firms for such purposes. The certified public accountant so selected shall have no personal interest, directly or indirectly, in the financial affairs of the town or any of its offices. Upon completion of the audit, the results shall reviewed by the audit committee, if any, and by the select board and the finance committee. The results, in a summary form, shall be placed on file in the town clerk's office and on the town website as a public record and be available in the Brewster public library for public information. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -21- CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW SECTION 1 By-laws 7-1-1 Town Meeting approval. Town by-laws may be proposed by warrant article consistent with the general laws and this charter. 7-1-2 Quantum of vote. Adoption and amendment of general and zoning by-laws shall be approved in accord with applicable general laws. 7-1-3 Periodic Review. The select board shall ensure that the town by-laws are reviewed and prepared for any necessary revision at least every 10 years. 7-1-4 Codification and Publication. The town clerk shall codify and republish the town by-laws from time to time as may be reasonable and such by-laws shall also be posted on the Town website. 7-1-5 Continuation of Laws. All special acts, town by-laws, town meeting resolutions, rules and regulations of the town in force at the time this charter takes effect, not inconsistent with this charter, shall continue in force. SECTION 2 Charter 7-2-1 Major Amendments. Amendments to this charter relating in any way to the composition, mode of election or appointment or terms of office of the legislative body, select board or the town manager may be proposed by a charter commission elected under the general laws or pursuant to special legislation as otherwise authorized by the Massachusetts constitution. 7-2-2 Minor Amendments. Amendments to the charter relating to other matters may be proposed by a 2/3 vote at a duly called town meeting under the general laws, and then approval at the polls by the voters of the town, or proposed pursuant to special legislation as otherwise authorized by the Massachusetts constitution. 7-2-3 Periodic Review. The select board shall appoint a committee of no fewer than 5 nor more than 9 members to review the charter not less than once every 10 years, such that review of the charter begins 5 years after the by-law review provided for under section 7-1-3 to review the town charter and provide recommendations, if any, to a subsequent town meeting with respect to such review. *** end of SPECIAL ACT SECTION 1 CHARTER Chapters 1-7*** SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -22- SPECIAL ACT SECTION 2. CONTINUATION OF EXISTING LAWS All by-laws, resolutions, rules, regulations and votes of the town meeting in force at the time the charter established by section 1 of this act takes effect, not inconsistent with the provisions of the charter, shall continue in full force until amended or repealed. Where provisions of the charter established by section 1 of this act conflict with provisions of town by-laws, rules, regulations, orders or special acts or acceptances of laws, the charter provisions shall govern. All provisions of town by-laws, rules, regulations, orders and special acts not superseded by the charter established under section 1 of this act shall remain in force. SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT. Upon the effective date of section 1 of this act, all town offices, boards, commissions or agencies shall continue to perform their duties until reappointed or re-elected, or until successors to their respective positions are fully appointed or elected or until their duties have been transferred and assumed by another town office, board, commission or agency. SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL. Upon the effective date of section 1 of this act, a person holding a town office or a position in the administrative service of the town or a person holding full-time employment under the town shall retain that person’s office, position or position of employment and shall continue to perform the duties of that person’s office, position or position of employment until provision shall have been made for the performance of those duties by another person or agency; provided, however, that a person in the permanent full-time service of the town shall not forfeit their pay grade or time in the service of the town as a result of the adoption of this charter; provided further, that this section shall not provide a person holding an administrative office or position or a person serving in the employment of the town on the effective date of this charter with any greater rights or privileges with regard to that person’s continued service or employment with the town than that person had before the effective date of this charter. Nothing in this paragraph shall impair the rights of any person under an individual employment contract or collective bargaining agreement. SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY. All records, property and equipment whatsoever of a town office, board, commission, committee or agency or part thereof, the powers and duties of which, upon the effective date of section 1 of this act, are assigned in whole or in part to another town office, board, commission or agency, shall be transferred forthwith to the office, board, commission or agency. SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. All official bonds, recognizances, obligations, contracts and other instruments entered into or executed by or to the town before the effective date of section 1 of this act, and all taxes, assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the town, shall be enforced and collected and all writs, prosecutions, actions and cause of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by the charter and no legal act done by or in favor of the town shall be rendered invalid by reason of the adoption of this act. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.13.21 -23- SPECIAL ACT SECTION 7. TRANSITION TO THE CHARTER [This will be prepared at a later date in order to address any transitional language that might be needed.] SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage.