HomeMy Public PortalAboutCharter Committee Materials for 3-1-21 SB packetTown of Brewster
Charter Committee
Karen Whitney
Citizen
Chair
Richard Koch
Citizen
Vice Chair
Cindy Bingham
Member of Select Board
Clerk
Peter Lombardi
Town Administrator
William Meehan
Member of Finance Committee
Charles Sumner
Town Moderator
Colette Williams
Town Clerk
Materials for March 1, 2021 meeting with Select Board
(1)“AN ACT ESTABLISHING A CHARTER FOR THE
TOWN OF BREWSTER” dated 2.26.21
(2)COMPARISON of Nov 2020 to Feb 2021 Versions
(3)COMPARISON of Jan 2021 to Feb 2021 Versions
AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER 1
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 2.26.21
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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.
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Dated 2.26.21
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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 2.26.21
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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.
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Dated 2.26.21
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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.
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Dated 2.26.21
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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. Then the Annual Election shall be held on the fourth Tuesday in May, or any other
Tuesday in May or June as determined by the Select Board after consultation with the Town
Clerk.
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
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Dated 2.26.21
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(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
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
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Dated 2.26.21
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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.
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
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Dated 2.26.21
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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.
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Dated 2.26.21
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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.
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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.
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Dated 2.26.21
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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.
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Dated 2.26.21
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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.
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.
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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;
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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 14 days , or the
resignation, termination or vacancy in the office of town manager, the select board shall
forthwith, and no later than 14 days thereafter, 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
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counsel shall perform other duties prescribed by this charter, town by-law or as directed by the
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 place a firefighter on administrative leave with pay,
or discipline or suspend a firefighter, 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 place a police officer on
administrative leave with pay, or discipline or suspend a 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.
4-3-3 Water Department.
A. Department. There shall be a water department under the supervision of a water
superintendent. The department shall have all of the powers, rights and duties to be exercised by
a water commission under the general and special laws, except as otherwise provided herein.
The water superintendent shall be responsible for the efficient exercise, performance and
coordination of the department. Any exercise by the department of the authority of water
commissioners with respect to acquisition or disposition of land must first be approved by the
select board. The superintendent shall provide the town a bond, with a surety company
authorized to transact business in the commonwealth, as surety for the faithful performance of
the superintendent, in such sum and upon such conditions as the town administrator shall require.
The superintendent shall report to the town administrator as to the doings of the office at such
times as the administrator may require.
B. Superintendent. The water superintendent shall supervise and direct the operations and
employees of the department in accordance with the town’s personnel by-law and any applicable
collective bargaining agreements. The water superintendent shall be especially qualified by
education, training and experience to perform the duties of the office and shall have such other
qualifications as may be required from time to time. While employed by the town, the water
superintendent shall not engage in a business or occupation falling within the jurisdiction of the
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Dated 2.26.21
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water department, unless approved in advance by the town manager with the concurrence of the
select board. Unless specifically provided in State law, the water superintendent 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. The water superintendent need not be a resident of the town during
their tenure.
C. Water Commission. There shall be a water commission of 3 members appointed by the
select board for alternating, overlapping 3 year terms. Said commission shall be responsible for
setting water rates and providing advice and support to the superintendent with respect to other
policy matters on which it is consulted and which fall with the jurisdiction of the water
department. The Water Commission shall recommend priorities and policies to govern the
provision of water in the town, and, with the concurrence of the water superintendent, shall be
authorized to adopt policies and regulations to carry out the same.
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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 and,
within 10 business days of their creation, posted on the town website.
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.
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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
the first meeting after the election for all elected boards, at the first meeting after annual
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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.
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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.
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(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.
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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***
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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.
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SPECIAL ACT SECTION 7. TRANSITION TO THE CHARTER
To provide for the transition to reduce from 5 years to 4 years the terms of all planning board
members, at the next regular election following at least 64 days after the effective date of this
act, 1 planning board member shall be elected for a 1-year term, 1 planning board member shall
be elected for a 2-year term, and the expiring term shall be placed on the ballot for a 4-year
term. The expiring term will appear on the ballot with instructions to vote for 1; if the incumbent
is running for the office, they shall have the words “candidate for re-election” next to their
name. The 2-year term and the 1-year term will appear together on the ballot with instructions
to voters to vote for 2, with the longer term going to the candidate with the most votes. In
addition, following the effective date of this act, the term of the planning board member most
recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board
members shall be elected to alternating 4-year terms, with no more than 2 terms expiring each
year.
SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its
passage.
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 ............................2122
SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT ..............................2122
SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL ...................................2122
SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY ..................2122
SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. ....................2122
SPECIAL ACT SECTION 7. TRANSITION .......................................................................2223
SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT ................................................2223
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.
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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.
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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 one1 or more civil divisions, subdivisions or agencies of the commonwealth,
other states or of the United States government.
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ChapterCHAPTER 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 Boardselect board, which meeting shall be an "annual town meeting" for purposes of the
General Lawsgeneral laws; provided, however, that the Select Boardselect 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 have been 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'stown 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
aA) Except for procedural matters, all subjects to be acted on by town meeting shall be placed
on warrants issued by the Select Boardselect board.
bB) The date of the closure of the warrant to petitioned articles shall be set by bylawby-law.
2-3-2 Posting
A) In addition to any notice required by the General Lawsgeneral laws, the Select Boardselect
board shall post the town meeting warrant in 5at the following locations in town: town hall and
at least 1 location in each precinct, and make available sufficient copies of the warrant forat the
town meeting for all registered voters. The Select Board 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 Towntown 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 at least two 2 weeks prior to the town meeting; provided, however, that.
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
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SECTION 4 Citizen Petitions
2-4-1 Any 10 voters of the town may secure, by written petition to the Select Boardselect
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 Boardselect 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 Sectionsection 7 of Chapterchapter
92 of the Actsacts of 2020.
2-5-2 To open a continued session of town meeting, no fewer than ½ the quorum established
pursuant to section 2-5-1 shall be present.
2-5-3 Once a town meeting has been called to order there shall be no minimum quorum
required to conduct the business of the Town.
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 Lawsgeneral 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 one1-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 Boardselect board shall
appoint ana 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 COMPARISON NOV 2020 TO FEB 2021
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2-7-1. Unless otherwise provided by bylawby-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.
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 Electionannual 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 Electionannual election for the election of officers and such matters as are by law
determined by ballot falls fewer than two2 weeks after the scheduled beginning of the Spring
Annual Town Meetingspring annual town meeting, then the Annual Electionannual election shall
be held on the fourth4th Tuesday in May. Notwithstanding any other provision of this paragraph,
however, the Select Boardselect board may, delay the date of the Annual Electionannual 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. Then the Annual Election shall be held on the fourth Tuesday
in May, or any other Tuesday in May or June as determined by the Select Board after
consultation with the Town Clerk.
SECTION 11 Recall
2-11-1 Elected Officers May be Recalled
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;
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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
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 Towntown of Brewster may be recalled therefromfrom that
office by the registered voters of the Town as hereinafter provided, for reason of lack of fitness,
incompetence,reasons including but not limited to neglect of duties, corruption, malfeasance,
misfeasance, or violation of oathmisconduct 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.
2-11-2 A) Initiation of petition; submission; certification
Any 25 registered voters of the Towntown of Brewster may initiate a recall petition by filing
with the Town Clerktown 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
Clerktown clerk shall thereupon make available to said lead petitioner copies of petition blanks
demanding such recall, printed copies of which the Town Clerktown clerk shall keep available.
Such blanks shall be issued by the Town Clerktown clerk under the Towntown seal, and be
dated, be addressed to the Select Boardselect 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
Clerktown clerk. Said recall petition shall be returned and filed with the Town Clerktown clerk
within 20 days after notification by the Town Clerktown 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 Towntown as of the last regular election, who shall add to their signatures the street and
number, if any, of their residence. The Town Clerktown clerk shall within one1 working day of COMPARISON NOV 2020 TO FEB 2021
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receipt submit the petition to the Registrarsregistrars of Votersvoters in the Towntown, and the
Registrarsregistrars shall within 5 working days certify thereon the number of signatures which
are names of registered voters of the Towntown.
2-11-3B) Delivery to officer; order of electionrecall proceedings
If the petition shall be found, and certified by the Town Clerktown clerk and Boardboard of
Registrarsregistrars to be sufficient, the Town Clerktown clerk shall submit the same with the
Town Clerk'stown clerk's certificate to the Select Boardselect board within three3 working days,
and the Select Boardselect 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 Boardselect 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'stown clerk's certificate
that a sufficient petition has been filed; provided, however, that if any other Towntown election
is to occur within 100 days after the date of certification, the Select Boardselect board shall
postpone the holdingsubmission of the question of recall election 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.
2-11-4
C) Conduct of ElectionRecall
An officer sought to be removed may be a candidate to succeed themselves and unless they
request otherwise in writing, the Town Clerktown 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.
2-11-5D) Action upon completion of electionrecall
The incumbent shall continue to perform the duties of the office until the question of recall
electionhas been acted upon by the voters. If then re-elected, theythe officer shall continue in
office for the remainder of their unexpired term subject to recall as before, except as provided in
this Chartercharter. If not re-elected in the recall election, they shall be deemed removed upon
the qualification of; their successor, who shall hold office duringserve the remainder of the
unexpired term. IfProvided however, if the successor fails to qualify within 10 days after
receiving notification of their election, the incumbentoffice shall thereupon be deemed removed
and the office vacant.
2-11-6E) Ballots to be used
A. (1) Ballots used in afor recall election shall submit the following propositions in the
order indicated:
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(1) For the recall of (name and title of officer).
(2) Against the recall of (name and title of officer).
B.ii) Under the propositions shall appear the word "Candidates," the directions to the voters
required by MGLG.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.
2-11-7F) 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 six6 months
after the election at which their recall was submitted to the voters of the Towntown.
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 two2 years after such
recall or such resignation.
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CHAPTER 3.
THE SELECT BOARD
SECTION 1 Composition, Compensation and Vacancies
3-1-1 There shall be a Select Boardselect board consisting of five5 members elected for three3-
year overlapping terms. The Boardboard collectively shall serve as the executive branch of Town
Governmenttown government. For purposes of the Massachusetts general laws and regulations,
any special laws applicable to the Towntown of Brewster, as well any local law or regulations,
the “Select Boardselect board” referred to hereunder shall have all the powers, duties and
responsibilities of a Boardboard of Selectmenselectmen.
3-1-2 A chair, vice-chair and clerk shall be elected by the Select Boardselect board at the first
meeting following each regular town election.
3-1-3 Three Select Board A quorum of the select board shall be 3 members shall constitute a
quorum.
3-1-4 Each member of the Select Boardselect board may receive an annual stipend as set forth
in the Brewster Bylawsby-laws, subject to appropriation by Town Meetingtown meeting.
3-1-5 If a member of the Select Boardselect 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 Lawsgeneral laws.
SECTION 2 General Powers and Responsibilities
3-2-1 The Select Boardselect board shall exercise the powers and duties prescribed by the
Massachusetts General Lawsgeneral laws, this Chartercharter, and the Brewster General
Bylaws.general by-laws. The Select Boardselect board may delegate powers and duties to the
Towntown manager or to another Town Boardtown board. The Select Boardselect board shall
enforce the laws and orders of the Towntown, including this Chartercharter.
3-2-2 The Select Boardselect board shall be the primary policy-making, planning, and goal-
setting agency of the Towntown; 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 Boardselect board, following the development of the proposed budget by the
Towntown 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 Meetingannual town meeting.
3-2-4 The Select Boardselect board shall protect the assets of the Towntown.
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3-2-5 The Select Boardselect board shall approve all collective bargaining agreements of the
Towntown negotiated by the Towntown manager, consistent with the provisions of G.L. c.150E
as it may be amended from time to time.
3-2-6 The Select Boardselect board shall, no less than one1 time per year, meet jointly with the
Finance Committeefinance committee, the Brewster School Committeeschool committee, the
Regional School CommitteeNauset regional school district school committee, and the Cape Cod
Technical School Committeeregional technical high school district school committee, or their
respective designees, for the purpose of sharing information.
3-2-7 The Select Boardselect board shall be the licensing authority of the Towntown 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 Boardboard may, at its discretion, delegate responsibility to the town
manager or a board created for such purposes for issuance and enforcement of one1 or more
licenses.
3-2-8 The Select Boardselect board shall ensure that the Brewster General Bylawsgeneral by-
laws are kept current.
3-2-9 The Select Boardselect board shall be responsible to ensure that the Towntown manager
complies with the Chartercharter.
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 Boardselect board shall be in
writing and included in its entirety in the minutes of the Meetingmeeting at which it was
adopted. The Towntown manager shall ensure that a file containing a complete list of the Select
Board’sselect board’s current policies and goals beis posted on the Town’stown website for
public reference. The Select Boardselect board shall designate to the Towntown manager the
publishing of an Annual Town Reportannual town report for each calendar year.
3-3-2 Before JulyAugust 31 and after the Annual Town Electionannual town election, the
Select Boardselect board shall hold a Meetingmeeting for the purpose of stating the
Board'sboard'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 Boardselect board shall select, and enter into a contract with, a Towntown
manager. If the Towntown manager position becomes vacant for any reason, the Select
Boardselect board shall designate a qualified person to serve in an acting capacity.
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3-4-2 The Select Boardselect board shall appoint, following consultation with the Towntown
manager, the Fire Chief, Police Chieffire chief, police chief, and Town Counseltown counsel.
3-4-3 The Select Boardselect board shall appoint members of all boards, committees and
commissionsmultiple member bodies, except as otherwise provided in this charter. The Select
Board may remove any member of any board it appoints, following the opportunity for a
hearing; provided, however, that failure to reappoint following the expiration of an appointed
term shall not constitute removal.
3-4-4 The Select Boardselect board may appoint ad hoc committees as it deems necessary or
appropriate.
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
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The 3-4-5 The Select Boardselect 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.
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.
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 Board.
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CHAPTER
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Chapter 4
TOWN ADMINISTRATION 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 two-thirds2/3 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 Meetingtown meeting and according to the town manager’s
expertise, education and training. Any contract between the select board and town manager shall
be made pursuant to section 108N of chapter 41 of the General Laws.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 Lawsgeneral 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 Chiefpolice chief and the Fire
Chieffire chief respectively, for appointment of employees of the Policepolice and
Fire Departments:fire departments;
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ii. Consult with appropriate department head or multiple-member body for
appointment of employees of other departments or multiple-member bodies.
(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 Lawsgeneral 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 r administrator 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 Boardselect 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.
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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;
(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) prepare and submit to the select board at the end of the fiscal year a comprehensive report on
the finances and the activities and operations of all departments, boards and committees of the
town;
(QP) investigate or inquire into the affairs of any town department or office;
(RQ) 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;
(SR) 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
(TS) 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 two weeks14
days, or the resignation, termination or vacancy in the office of town manager, the select board
shall forthwith, and no later than 14 days thereafter, 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
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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
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
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CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES
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 place a firefighter on administrative
leave with pay, or discipline or suspend a firefighter, 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 place a police officer on
administrative leave with pay, or discipline or suspend a 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.
4-3-3 Water Department.
A. Department. There shall be a water department under the supervision of a water
superintendent. The department shall have all of the powers, rights and duties to be exercised by
a water commission under the general and special laws, except as otherwise provided herein.
The water superintendent shall be responsible for the efficient exercise, performance and
coordination of the department. Any exercise by the department of the authority of water
commissioners with respect to acquisition or disposition of land must first be approved by the
select board. The superintendent shall provide the town a bond, with a surety company
authorized to transact business in the commonwealth, as surety for the faithful performance of
the superintendent, in such sum and upon such conditions as the town administrator shall require.
The superintendent shall report to the town administrator as to the doings of the office at such
times as the administrator may require.
B. Superintendent. The water superintendent shall supervise and direct the operations and
employees of the department in accordance with the town’s personnel by-law and any applicable
collective bargaining agreements. The water superintendent shall be especially qualified by
education, training and experience to perform the duties of the office and shall have such other
qualifications as may be required from time to time. While employed by the town, the water
superintendent shall not engage in a business or occupation falling within the jurisdiction of the
water department, unless approved in advance by the town manager with the concurrence of the
select board. Unless specifically provided in State law, the water superintendent 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,
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prohibited by this provision. The water superintendent need not be a resident of the town during
their tenure.
C. Water Commission. There shall be a water commission of 3 members appointed by the
select board for alternating, overlapping 3 year terms. Said commission shall be responsible for
setting water rates and providing advice and support to the superintendent with respect to other
policy matters on which it is consulted and which fall with the jurisdiction of the water
department. The Water Commission shall recommend priorities and policies to govern the
provision of water in the town, and, with the concurrence of the water superintendent, shall be
authorized to adopt policies and regulations to carry out the same.
SECTION 1 Elected Town Officers.
5-1-1 The registered voters of the Town of Brewster shall, in accordance with any applicable
laws, bylaws, voters of the Town or interlocal agreement, elect the following:
(A) Moderator for a 3 year term;
(B) Select Board of 5 members, each for a 3 year term;
(C) Brewster School Committee of five members, each for a 3 year term;
(D) Representatives to the Nauset School District Committee, as the Regional School Agreement
shall provide, and as it may be amended from time to time;
(E) Board of Health of five members, each for a 3 year term;
(F) Planning Board of seven members for four 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 five members, with members to be elected or appointed in accordance
with requirements of state law; 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 the town meeting,
provided, further, that the person holding such position shall conform to any reasonable
regulations proposed by the chief of police and approved by the Select Board.
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CHAPTER 5
TOWN BOARDS/COMMISSIONS/COMMITTEES
SECTION 1 Appointed Boards and Committees
5-2-1 -1 General Authority
(A) AdditionalIn addition to any boards and committees specified in this charter, boards and
committees may be created by adoption of bylawsby-laws, votes of town meeting, or votes of the
Select Boardselect 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 Clerktown clerk and, within 10 business days of their creation, posted on the
town website.
(B) Notwithstanding any other provision of this charter or general laws to the contrary, any
person so appointed to a multiple member body may be removed by thetheir respective
appointing authority, following written notice and the opportunity for a public hearing.
5-2-2 Committee Charge
;
Each board or committee set forth in Sections 5-1 and any created under Section 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 elsewhere in this charter.
5-2-3 Committee Organization and Report
Each board or committee shall, at its first meeting, however, that failure to reappoint following
the annual town election, elect a chair, vice chair and clerk, and shall cause the select board and
the town clerk to be notified of its selection. All boards and committees created under Chapter 5
of this Charter, or pursuant to a bylaw, shall make a written annual report of their activities to the
select board.
5-2-4 Resignation from Committee
(A) No resignation of any elected town officer under Section 5-1, and of any appointed
committee created by this charter or by bylaw under Section 5-2 or 5-3, shall be deemed
effective unless and until such resignation is filed with the town clerk or at such later time certain
as may be specified in such resignation.
(B) In the event expiration of an appointed board or committee member misses 3 consecutive
meetings without the permission of the chair, the chair shall notify the appointing authority,
which may, after the provision of notice to the member and an opportunity for a hearing, deem
such position to be vacantterm shall not constitute removal.
SECTION 32 Moderator Appointments
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5-32-1 Power to appoint
The moderator shall have the power to appoint members of those boards and commissions
authorized under this chapter, bylaw, orby-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.
5-3-2. -2 Finance Committee.
(A) Establishment; membership. There shall be a Finance Committeefinance committee
appointed by the Town Moderatortown moderator consisting of nine9 residents of the Towntown
who shall serve without pay and who shall hold no other Towntown office or employment, each
of whom shall serve a three3 year term beginning on July 1 and terminating on June 30 of the
third year following appointment. Any member of the Finance Committee may be removed at
the Moderator’s discretion after written notice and the opportunity for a hearing. Vacancies on
the Committeecommittee shall be filled by the Moderatormoderator 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.
(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 Towntown website,
and in any other manner it deems appropriate. Following the drawing up of the warrant for a
town meeting, the Select Boardselect 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’stown’s finances.
(C) Investigative Authority. To carry out these duties, the finance committee shall have authority
to investigate the books, accounts and management of any department of the town 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.
(D) Annual Financial Summary. The finance committee shall prepare a comprehensive
summary of the current condition of the town’s finances to be presented by the finance
committee to the voters at the annual town meeting.
SECTION 4 3 Alternate Members of Certain Multiple-Member bodies
5-43-1 Alternate Members of Certain Elected Boards
The select board, following consultation with a board elected under Section 5-1section 2-11-
1(C), (E), (F), (G) or (H), may 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
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appointment for the remainder of the unexpired term.
5-43-2 Alternate Members of Appointed Boards
The appointing authority may, appoint to board appointed under sections 5-2 or 5-4 of this
charter, not more than 2 alternate members to serveboards 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 5 CAPE COD TECHNICAL SCHOOL COMMITTEE AND OTHER
REGIONAL ENTITIES
5-5SECTION 4 General Provisions Applicable to Multiple Member Bodies
5-4-1 Members of the Cape Cod Technical School Committee 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
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 or elected
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 the
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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 AgreementSchool
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.
5-56-2 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.
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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 115, 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 Managertown 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 Boardselect board from time to time, for any one1 project, whether it be
spent in one1 year or over several years. The Town Managertown manager, in the
Manager’stown manager’s sole discretion, may appoint a committee to assist the Managertown
manager with preparation of the plan.
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6-4-2. Contents of plan.
(A) The plan shall include all Towntown activities and departments. Proposed capital
expenditures for regional entities shall be consistent with the regional or intermunicipal
agreement establishing such entities.
(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 Boardselect board by February
1 of each year.
(B) The Select Boardselect board shall, after providing 7 days-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. SaidThe select board shall make the plan available for public
inspection.
6-4-4. Submission to Town Meeting.
The Select Boardselect board shall prepare and submit to every Annual Town Meetingannual
town meeting a summary of the capital expenditure plan, identifying all proposed capital
expenditures for the next five5 years estimated to cost $100,000 or more, or such other amount
as the Select Boardselect 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 bylawby-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.
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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 Lawsgeneral laws and this Chartercharter.
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. Proposal of Amendments.
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 only by a charter commission elected under the General
Laws,general laws or proposed pursuant to special legislation as otherwise authorized by the
Massachusetts constitution.
7-2-2. 7-2-2 Minor Amendments. Amendments to the charter relating to other matters may be
proposed by a two-thirds2/3 vote at a duly called town meeting under the General Lawsgeneral
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 Chartercharter begins 5 years after the by-law review provided for under Sectionsection 7-1-
3 to review the Town Chartertown charter and provide recommendations, if any, to a subsequent
town meeting with respect to such review.
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*** end of SPECIAL ACT SECTION 1 CHARTER Chapters 1-7***
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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 bylawsby-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.
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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.
To provide for the transition to reduce from 5 years to 4 years the terms of all planning board
members, at the next regular election following at least 64 days after the effective date of this
act, 1 planning board member shall be elected for a 1-year term, 1 planning board member shall
be elected for a 2-year term, and the expiring term shall be placed on the ballot for a 4-year
term. The expiring term will appear on the ballot with instructions to vote for 1; if the incumbent
is running for the office, they shall have the words “candidate for re-election” next to their
name. The 2-year term and the 1-year term will appear together on the ballot with instructions
to voters to vote for 2, with the longer term going to the candidate with the most votes. In
addition, following the effective date of this act, the term of the planning board member most
recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board
members shall be elected to alternating 4-year terms, with no more than 2 terms expiring each
year.
SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its
passage.
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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.
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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.
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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.
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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 4 other locations
in towneach 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.
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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. COMPARISON JAN 2021 TO FEB 2021
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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. Then the Annual Election shall be held on the fourth Tuesday in May, or any other
Tuesday in May or June as determined by the Select Board after consultation with the Town
Clerk.
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
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(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
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 COMPARISON JAN 2021 TO FEB 2021
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Dated 1.222.26.21
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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.
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 upon the qualification of; their successor, who
shall hold office duringserve the remainder of the unexpired term. IfProvided however, if the
successor fails to qualify within 10 days after receiving notification of their election, the
incumbentoffice shall thereupon be deemed removed and the office 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 COMPARISON JAN 2021 TO FEB 2021
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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.
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Dated 1.222.26.21
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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. COMPARISON JAN 2021 TO FEB 2021
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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.
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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.
COMPARISON JAN 2021 TO FEB 2021
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Dated 1.222.26.21
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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.
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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;
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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 weeks14 days,
or the resignation, termination or vacancy in the office of town manager, the select board shall
forthwith, and no later than 14 days thereafter, 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 COMPARISON JAN 2021 TO FEB 2021
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counsel shall perform other duties prescribed by this charter, town by-law or as directed by the
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 place a firefighter on administrative leave with pay,
or discipline or suspend firefightersa firefighter, for a period of no more than 5 days and shall
provide the town manager with written notification upon implementation of such discipline or
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 place a police officer on
administrative leave with pay, or discipline or suspend a police officer for a period of no more
than 5 days and shall provide the town manager with written notification upon implementation of
such discipline or 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.
4-3-3 Water Department.
A. Department. There shall be a water department under the supervision of a water
superintendent. The department shall have all of the powers, rights and duties to be exercised by
a water commission under the general and special laws, except as otherwise provided herein.
The water superintendent shall be responsible for the efficient exercise, performance and
coordination of the department. Any exercise by the department of the authority of water
commissioners with respect to acquisition or disposition of land must first be approved by the
select board. The superintendent shall provide the town a bond, with a surety company
authorized to transact business in the commonwealth, as surety for the faithful performance of
the superintendent, in such sum and upon such conditions as the town administrator shall require.
The superintendent shall report to the town administrator as to the doings of the office at such
times as the administrator may require.
B. Superintendent. The water superintendent shall supervise and direct the operations and
employees of the department in accordance with the town’s personnel by-law and any applicable
collective bargaining agreements. The water superintendent shall be especially qualified by
education, training and experience to perform the duties of the office and shall have such other
qualifications as may be required from time to time. While employed by the town, the water
Formatted: Font: Not Bold
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superintendent shall not engage in a business or occupation falling within the jurisdiction of the
water department, unless approved in advance by the town manager with the concurrence of the
select board. Unless specifically provided in State law, the water superintendent 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. The water superintendent need not be a resident of the town during
their tenure.
C. Water Commission. There shall be a water commission of 3 members appointed by the
select board for alternating, overlapping 3 year terms. Said commission shall be responsible for
setting water rates and providing advice and support to the superintendent with respect to other
policy matters on which it is consulted and which fall with the jurisdiction of the water
department. The Water Commission shall recommend priorities and policies to govern the
provision of water in the town, and, with the concurrence of the water superintendent, shall be
authorized to adopt policies and regulations to carry out the same.
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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. and,
within 10 business days of their creation, posted on the town website.
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, and/or Nauset 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.
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
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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
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.
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SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 1.222.26.21
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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 shallmay notify the appointing authority, which may, in accord with
section 5-1-2,1(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
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]
Formatted: Space After: 10 pt, Line
spacing: Multiple 1.15 li
COMPARISON JAN 2021 TO FEB 2021
SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 1.222.26.21
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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
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Dated 1.222.26.21
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(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.
COMPARISON JAN 2021 TO FEB 2021
SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 1.222.26.21
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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***
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Dated 1.222.26.21
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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.
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SPECIAL LEGISLATION FOR TOWN OF BREWSTER
Dated 1.222.26.21
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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.]
To provide for the transition to reduce from 5 years to 4 years the terms of all planning board
members, at the next regular election following at least 64 days after the effective date of this
act, 1 planning board member shall be elected for a 1-year term, 1 planning board member shall
be elected for a 2-year term, and the expiring term shall be placed on the ballot for a 4-year
term. The expiring term will appear on the ballot with instructions to vote for 1; if the incumbent
is running for the office, they shall have the words “candidate for re-election” next to their
name. The 2-year term and the 1-year term will appear together on the ballot with instructions
to voters to vote for 2, with the longer term going to the candidate with the most votes. In
addition, following the effective date of this act, the term of the planning board member most
recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board
members shall be elected to alternating 4-year terms, with no more than 2 terms expiring each
year.
SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its
passage.
COMPARISON JAN 2021 TO FEB 2021