HomeMy Public PortalAboutNorth Andover Chapter C
CHARTER
PREAMBLE
We, the people of the Town of North Andover, Massachusetts, in order to
reaffirm the customary and traditional liberties of the people with respect to
the conduct of local government and to take the fullest advantages inherent
in the Home Rule Amendments to the Constitution of the Commonwealth,
do hereby adopt the following Home Rule Charter for this Town.
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Section 1 CHARTER Section 6
CHAPTER 1
Town Incorporation, Form of Government, and Powers
Section 1. Incorporation
1-1-1.The present Town of North Andover, within its territorial limits as now
or as may hereafter be established by law, is hereby continued as a body
corporate and politic with perpetual succession under the name: Town
of North Andover.
Section 2. Form of government
1-2-1.This charter provides for an Open Town Meeting - Board of Selectmen
- Town Manager form of Town government, and it shall be known by the
title: North Andover Home Rule Charter.
1-2-2.The Town of North Andover is committed to the full participation of all
citizens and to a policy of equal employment opportunity. The Town will
not discriminate against employees, applicants for employment, nor
citizens engaged in any Town-sponsored activity on any legally
recognized basis, including but not limited to race, age, color, religion,
sex, marital status, sexual preference, national origin, disability or
veteran status.
Section 3. Scope and construction of Town powers
1-3-1.The Town shall possess, exercise, and enjoy all powers possible under
the Constitution and Statutes of the Commonwealth as completely and
fully as though they were expressly enumerated herein.
1-3-2.The powers of the Town under this Charter shall be construed
liberally in favor of the Town, and no specific provision shall be deemed
to limit in any way the general grant of powers that towns may exercise
under the Home Rule Amendments to the Constitution of the
Commonwealth, and the statutes thereof.
Section 4. Intergovernmental relations
1-4-1. Consistent with any applicable constitutional or statutory provisions,
the Town may exercise 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 one or more other towns, civil
divisions, subdivisions, or agencies of any state or the United States
government.
Section 5. Specific provisions to prevail
1-5-1.To the extent that any specific provision of this Charter shall conflict
with any provision in general terms, the specific provision shall prevail.
Section 6. Severability of Charter
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Section 6 NORTH ANDOVER CODE Section 6
1-6-1. If any provision of this Charter is held invalid, the other provisions of
the Charter shall not be affected thereby. If the application of the
Charter or any of its provisions to any person or circumstance is held
invalid, the application of this Charter and its provisions to other
persons and circumstances shall not be affected thereby.
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Section 1 CHARTER Section 4
CHAPTER 2
Town Meeting
Section 1. Organization and powers
2-1-1.The legislative powers of the Town shall be exercised by a Town
Meeting open to all registered voters of the Town.
2-1-2.The Town Meeting shall consider and act upon, with or without
amendments, all bylaws, proposed operating and capital improvement
budgets, bond issues, and other financial proposals of the Town.
2-1-3.The Town Meeting shall possess and may exercise all powers possible
under general law.
Section 2. Warrants
2-2-1.The Board of Selectmen shall prepare the warrant for all Town
meetings.
2-2-2.The warrant for the Annual Town Meeting shall be closed not more
than 75 days, but at least 40 days, before the date for the meeting, but
by unanimous vote, the Board of Selectmen may reopen the warrant in
case of emergency. The warrant for a Special Town Meeting shall be
closed not more than 40 but at least 20 days before the date of the
meeting. [Amended by Chapter 447 of the Acts of 2004, approved
12-30-20041
2-2-3.The warrant for each Annual and Special Town Meeting shall be
posted in a public place in every precinct in the Town at least seven
days prior to the Annual Town Meeting and at least 14 days prior to any
Special Town Meeting.
2-2-4.The warrant for each Special Town Meeting shall have a summary
prepared by the Town Clerk, published in a newspaper of general
circulation at least seven days before the meeting. The publication shall
include the location where copies of the full warrant text can be
obtained or viewed, or where mailed requests for copies may be sent.
[Amended by Chapter 446 of the Acts of 2004, approved
12-30-20041
Section 3. Procedures
2-3-1.The Town Meeting shall meet as specified in the Town by-laws and in
accordance with Section 9 of Chapter 39 of the General Laws to
consider and adopt an annual operating and capital budget, and to act
on other matters. The meeting shall be continued on other days until all
articles in the warrant have been acted upon. [Amended by Chapter
411 of the Acts of 2012, approved 1-4-20131
Section 4. Special Town Meetings
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Section 4 NORTH ANDOVER CODE Section 9
2-4-1.A Special Town Meeting may be called by the Board of Selectmen and
shall be called by said Board upon the request, in writing, of at least
200 registered voters of the Town.
Section 5. Moderator
2-5-1.A Moderator, elected in accordance with the provisions of Chapter 6,
shall preside at all sessions of the Town Meeting.
Section 6. Simplified rules of procedure
2-6-1. Rules of parliamentary procedure in simplified form shall be prepared
by the Moderator and shall annually be included in the Finance
Committee report.
2-6-2.The Town Clerk shall make copies of the simplified rules available for
distribution to those requesting them, and to those in attendance at all
sessions of the Town Meeting. [Amended by Chapter 464 of the Acts
of 2010, approved 1-14-20111
Section 7. Ad hoc committees
2-7-1.All ad hoc committees established by the Town Meeting shall be
appointed by the Moderator, unless the motion establishing any such
committee shall name the members, provide for their election, or
provide for a different appointive authority.
Section 8. Articles having fiscal implications
2-8-1.All proposed operating expenditures shall be included in a single,
omnibus-type article in the Town Meeting warrant. In addition, all
regular proposed capital improvements expenditures shall also be
included in an omnibus-type article, devoted to capital expenditures.
2-8-2.Articles involving an expenditure of Town funds shall not be voted on
by the Town Meeting unless the Finance Committee shall have
considered them previously and issued a written recommendation
thereon. The Chairman of the Board, or a designated representative,
shall be present at the meeting to provide verbal explanations of the
Board's recommendations.
2-8-3. No article calling for the appropriation of funds shall be considered at
a Special Town Meeting unless the proposed expenditure has been
recommended by the Board of Selectmen and the Finance Committee,
acting separately at separate meetings.
Section 9. Articles having environmental implications
2-9-1.Articles involving planning, zoning, subdivision control, land
acquisition, conservation, extension of sewer or water lines, the
acceptance of streets and ways, and all other similar matters relating to
the environment shall not be voted on by the Town unless the Planning
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Section 9 CHARTER Section 9
Board shall have considered them previously and issued
recommendations thereon. The Chairman of the Planning Board, or a
designated representative, shall be present at the meeting to provide
verbal explanations of the Board's recommendations.
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Section 1 CHARTER Section 4
CHAPTER 3
Board of Selectmen
Section 1. The Board of Selectmen
3-1-1.A Board of Selectmen of five members shall be elected at-large for
three-year overlapping terms.
3-1-2.When a vacancy occurs in the Office of Selectmen, the remaining
Selectmen may, at any time prior to the next Annual Town Election,
appoint a qualified person to serve as Selectmen until such election;
provided, however, that prior to appointment, a proposed appointee
shall be named in a public Board of Selectmen's meeting and public
comments shall be invited, specific to the proposed appointee. At the
next Annual Town Election, the voters shall elect a Selectman to serve
for the unexpired portion of the original term. This section shall not
prevent a voter-initiated special election under Section 10 of Chapter
41 of the General Laws. [Amended by Chapter 443 of the Acts of
2012, approved 1-9-20131
Section 2. Policy leadership responsibilities
3-2-1. Except as otherwise provided by this Charter, all executive powers of
the Town shall be vested in the Board of Selectmen. The Board of
Selectmen shall have all the powers and duties given to boards of
selectmen under the Constitution and General Laws of the
Commonwealth, and such additional powers and duties as may be
authorized by the Charter, by by-law, or by any other Town Meeting
vote.
3-2-2.The Board of Selectmen shall cause the laws and orders for the
government of the Town to be enforced and shall cause an up-to-date
record of all its official acts to be kept.
3-2-3.The Board of Selectmen shall serve as the chief goal-setting and
policy-making agency of the Town and, as such, shall not normally
administer the day-to-day affairs of the Town, but shall instead
regularly direct the Town Manager to help it in carrying out its
administrative duties, and make recommendations to the Town Meeting
relating to actions required to be taken by that body.
Section 3. General powers, duties, and responsibilities
3-3-1.The Board of Selectmen shall have the power to enact rules and
regulations establishing Town policies, not otherwise governed by
General Law, this Charter, or by-law; provided, however, that whenever
an appropriation shall be necessary to implement such action, the vote
of the Board shall be effective only if such appropriation has been
authorized by the Town Meeting.
Section 4. Powers of investigation
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Section 4 NORTH ANDOVER CODE Section 6
3-4-1.The Board of Selectmen may conduct investigations and may
authorize the Town Manager or other agent to investigate the affairs of
the Town and the conduct of any Town department, office, or agency,
including any doubtful claims against the Town, and for this purpose
the Board may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. The report of such investigation
shall be placed on file in the office of the Town Clerk, and a report
summarizing such investigation shall be printed in the next Town
Report.
Section 5. Specific powers, duties, and responsibilities
3-5-1.The Board of Selectmen shall act as the licensing authority of the
Town and shall have the power and responsibility required to issue
licenses, to make all necessary rules and regulations regarding the
issuance of such licenses, and to attach conditions and impose such
restrictions as it considers to be in the public interest, and further to
enforce, or cause to be enforced, the laws, rules, and regulations
relating to all businesses for which it issues licenses.
3-5-2.The Board of Selectmen shall be recognized as head of the Town
government for all ceremonial purposes.
Section 6. Powers of appointment
3-6-1.The Board shall have the power to appoint:
(a) A Town Manager as provided in Chapter 4;
(b) Town Counsel
(c) A Town Accountant for a term of three years in accordance with
Section 55 of MGL Chapter 41;
(d) A Police Chief;
(e) A Fire Chief;
(f) Three members of a Board of Registrars of Voters for overlapping
three-year terms;
(g) Election officers;
(h) Three constables; and
(i) Five members and three associate members of a Zoning Board of
Appeals for overlapping three-year terms.
3-6-2.The Board shall also have the power to appoint Town boards
enumerated in Chapter 7, designated as Board of Selectmen
appointees.
3-6-3.The Boards enumerated in Chapter 7 shall be responsible to the
Board of Selectmen through the Town Manager, and shall work
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Section 6 CHARTER Section 8
cooperatively with the Town Manager, and be responsive to requests
emanating from his office.
Section 7. Other Town boards
3-7-1.The Board of Selectmen shall also have the power to appoint such
other boards as may be in existence on the effective date of this Charter
and for whom no other method of appointment is provided in this
Charter. The Board shall also appoint such other boards as may be
hereafter established by general law, Charter, by-law, or vote of the
Town Meeting.
3-7-2.The provisions of 3-7-1 shall be inapplicable to the Board of Library
Trustees.
Section 8. Prohibitions
3-8-1. Except for the purpose of investigation authorized by this Charter, the
Board of Selectmen or its members shall not give orders to any Town
employee who is subject to the direction and supervision of the Town
Manager either publicly or privately.
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Section 1 CHARTER Section 3
CHAPTER 4
The Town Manager
Section 1. Appointment
4-1-1.The Board of Selectmen, by an affirmative vote of at least four
members, shall appoint a Town Manager for an indefinite term to serve
at its pleasure.
4-1-2.The Board of Selectmen shall appoint a search committee of at least
three people, not to include any member of the Board of Selectmen, for
the purpose of recommending candidates for the position of Town
Manager.
4-1-3.The Town Manager shall be appointed on the basis of education,
executive and administrative qualifications and experience.
Section 2. (Reserved)
Section 3. Duties
4-3-1.The Town Manager shall be the chief administrative officer of the
Town and shall be responsible for administering and coordinating all
employees, activities and departments placed by General Law, this
Charter or by-law under the control of the Board of Selectmen and of
the Town Manager.
4-3-2. He/She shall devote his full working time to the duties of his office;
he/she shall not become a candidate for, or hold, any elective office
during his term of appointment; and he/she shall not engage in any
business activity during his term, except with the written consent of
Board of Selectmen. He/She shall:
(a) Attend all meetings of the Board of Selectmen, except when
excused, and he/she shall have the right to speak but not to vote.
(b) Assemble, prepare, and present to the Board of Selectmen all
annual operating and capital budgets of the Town and be
responsible for the development and annual revision of the capital
improvements program.
(c) Be responsible for seeing that the budget is administered and
expended as adopted by the Town Meeting and in accordance with
General Law, this Charter, and by-law.
(d) Keep the Board of Selectmen informed regarding all departmental
operations, fiscal affairs, general problems, and administrative
actions, and to this end shall submit quarterly reports to the Board.
(e) Keep the Board informed regarding the availability of state and
federal funds and how such funds might relate to unmet short-
range and long-range needs.
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Section 3 NORTH ANDOVER CODE Section 4
(f) Solicit and prepare applications for grants.
(g) Be responsible for the day-to-day administration of the Town's
personnel system.
(h) Be responsible for the purchasing of all Town services and
departments, except those of the School Department.
(i) Make recommendations to the Board of Selectmen regarding
vacancies in Town offices and boards to be filled by the Board of
Selectmen.
(j) Be responsible for the administrative functions of recreation,
historical preservation, services for the elderly, and veteran's
services.
(k) Develop, keep, and annually update a full and complete inventory
of all property of the Town, except school property, both real and
personal.
(1) Distribute, or cause to be distributed, copies of the warrant and
Finance Committee report for all Town Meetings as prescribed in
Chapter 9-6-1 of the Town Charter as amended. [Amended by
Chapter 465 of the Acts of 2010, approved 1-14-2011]
(m) Negotiate collective bargaining contracts on behalf of the Board of
Selectmen, unless the Board shall have designated another
negotiator.
(n) Perform such other duties as may be required by this Charter, by-
law, or vote of the Board of Selectmen.
Section 4. Responsibilities for appointments
4-4-1. Subject to the approval of the Board of Selectmen, the Town Manager
shall have the power to appoint and, on the basis of merit and fitness
alone, and except as may otherwise be provided by general law, this
Charter, or personnel by-laws, may suspend or remove:
(a) A Town Clerk,
(b) Division and department heads,
(c) A Planning Board,
(d) An Industrial Development Financing Authority,
(e) An Industrial Commission,
(f) A Board of Health and/or a Health Agent, and
(g) All police officers below the rank of chief.'
1. Editor's Note: This Subsection (g) was added pursuant to Acts of 2008, Ch. 404, approved
12-18-2008, which provided as follows: SECTION 1. Notwithstanding any general or
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Section 4 CHARTER Section 5
4-4-2.The Town Manager shall also appoint, on the basis of merit and fitness
alone, and except as may otherwise be provided by the General Laws,
this Charter, personnel by-law, or collective bargaining agreements,
may suspend or remove all full-time, part-time or seasonal employees,
except those of the Library Trustees, the Police and Fire Departments
and the School Committee. All such appointments and removals shall be
subject to disapproval by an affirmative vote of the Board of Selectmen
taken within 14 days, provided the vote is first taken at a Board of
Selectmen's meeting at which five members are present and voting;
otherwise, if less than five members are present and voting, such
disapproval shall only require three votes.
Section 5. Responsibilities in personnel administration
4-5-1.The Town Manager shall administer and enforce collective bargaining
contracts, personnel rules, regulations, and by-laws adopted by the
Town.
4-5-2.After consultation with the Board of Selectmen, the Town Manager
shall from time to time propose, and the Town Meeting may adopt, with
or without amendment, personnel by-laws and rules relating to all Town
positions, except those covered by collective bargaining contracts and
those of the School Department. Such by-laws shall provide for:
[Amended by Chapter 70 of the Acts of 1997, approved
8-13-19971
(a) (Reserved)
(b) (Reserved)
(c) Methods of determining the merit and fitness of candidates for
appointment and promotion.
(d) Policies and procedures regulating reduction in force and removal
of employees.
(e) Hours of work, attendance regulations, and provisions for sick,
vacation, military and other leave.
(f) Policies and procedures governing persons holding provisional
appointments.
(g) Policies and procedures governing relationships with employee
organizations.
(h) Policies regarding in-service training programs.
special law to the contrary, the town manager of the town of North Andover shall be the
appointing authority, as defined in section 1 of chapter 31 of the General Laws, relative to
all police officers below the rank of chief in said town of North Andover, subject to the
approval of the board of selectmen. SECTION 2. Section 1 shall not impair the civil service
status of any person holding the position of police officer below the rank of chief on the
effective date of this act. SECTION 3.This act shall take effect upon its passage.
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Section 5 NORTH ANDOVER CODE Section 9
(i) Grievance procedures for the hearing of grievances.
(j) Such other practices and procedures as may be necessary for the
administration of the personnel system.
Section 6. Responsibilities for administrative reorganization
4-6-1.The Town Manager may, with the approval of the Board of Selectmen,
establish, reorganize, consolidate or abolish any department or position
placed by this Charter under his direction and supervision, except as
otherwise provided by General Law or this Charter.
4-6-2.The creation of any new full-time, compensated position shall require
the approval of the affirmative vote of four members of the Board of
Selectmen, and shall not become effective until the position has been
funded by a vote of the Town Meeting.
Section 7. Responsibilities for disbursements
4-7-1.Warrants for the payment of Town funds, prepared and signed by the
Town Accountant in accordance with General Law procedures, shall be
submitted to the Town Manager, and the Town Manager's approval of
the warrant shall be sufficient authorization for payment by the
Treasurer or a designee; provided, however, that one Selectmen
designated by the full Board shall approve all warrants in the
Manager's absence or in the event of a vacancy in the office of the Town
Manager. [Amended by Chapter 412 of the Acts of 2012, approved
1-4-20131
Section 8. Evaluation
4-8-1.The Board of Selectmen shall annually evaluate the performance of
the Town Manager. The Board shall adopt a written set of procedures
and criteria which shall form the basis for the evaluation.
4-8-2.A copy of the evaluation shall be provided to the Manager.
Section 9. Removal
4-9-1.The Board of Selectmen, by the affirmative vote of at least three
members, may initiate the removal of the Town Manager by adopting a
resolution to that effect, stating the reasons therefor, provided that no
such resolution shall be adopted within 60 days following any Town
election that has resulted in a change in the incumbents on the Board.
The vote initiating removal shall be taken at a regular scheduled public
meeting and in open session.
4-9-2.The adoption of said resolution shall serve to suspend the Town
Manager for a period of not more than 45 days, during which the salary
shall continue to be paid. A copy of such resolution shall be delivered
forthwith to the Town Manager in person, or sent by registered mail to
his place of residence.
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Section 9 CHARTER Section 11
4-9-3.Within five days following the receipt of such resolution, the Town
Manager may file a written request for a public hearing. If such a
hearing is requested, the Board shall schedule it within two weeks and
it shall be held in a public place. At least seven days prior to the public
hearing, the Board shall advertise the hearing in a newspaper of local
circulation and shall cause identical notices citing the purpose,
location, time, and date to be posted in the Town Hall and in three other
places of public access within the Town.
4-9-4.The Moderator shall preside at such hearing.
4-9-5.At any such hearing, the reasons for the removal shall first be read
aloud. The Town Manager shall then have the right to respond, either
personally or through counsel. The Board of Selectmen and the Town
Manager shall have the right to call witnesses and to subpoena any and
all Town records.
4-9-6. Final removal of any Town Manager shall be effected by the
affirmative vote of at least three members of the Board of Selectmen at
a public meeting of the Board held within seven days of such public
hearing, if requested. If no hearing has been requested, final removal
may be effected by an affirmative vote of at least three members, at a
meeting of the Board held not earlier than 14 days after the vote
initiating the removal. The salary of the Town Manager shall continue to
be paid for a period of 60 days after the vote effecting removal from
office.
4-9-7.The Town Manager shall provide the Board of Selectmen with at least
90 days' notice of an intended resignation; provided, however, that the
Board may, at its discretion, shorten or waive such requirement.
Section 10. Filling vacancy
4-10-1.When a vacancy arises in the office of the Town Manager, the Board
of Selectmen shall advertise the vacancy as soon as possible. The Board
shall fill the vacancy as soon as possible but in any case, within six
months.
Section 11. Acting Town Manager
4-11-1.The Board of Selectmen shall designate, within 10 days, a Town
employee or other person to exercise the rights and perform the duties
of Town Manager during any vacancy caused by the temporary absence
or suspension, or removal, resignation, or death of the Town Manager.
The appointment shall be for a period not to exceed 90 days, and it may
be renewed, in the case of suspension, removal, resignation, or death
only once for an additional period not to exceed 90 days. The appointee
shall be ineligible for appointment as Town Manager.
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Section 1 CHARTER Section 3
CHAPTER 5
Town Administrative Organization
Section 1. General
5-1-1.The administrative functions of the Town government shall be
performed within the organizational framework of several divisions and
departments.
5-1-2.The divisions should include:
(a) Division of Finance and Administration;
(b) Division of Planning and Community Development; and
(c) Division of Public Works, and include other divisions, as the Town
Manager may establish with the approval of the Board of
Selectmen.
5-1-3.The departments shall include the Office of Town Clerk, a Police
Department, a Fire Department and such other departments as the
Town Manager shall establish, with the approval of the Board of
Selectmen.
5-1-4. Responsibility for the functions administered within the divisions
shall be vested in the Town Manager, who may organize these
responsibilities, as necessary with the approval of the Board of
Selectmen by an affirmative vote.
5-1-5.The Town Manager, with the approval of the Board of Selectmen,
should designate those divisions to be supervised by a director and
those, if any, to be supervised by the Town Manager. If the Manager is
designated to act as director of one or more divisions, he/she should in
the first occurrence only serve in such additional capacity without
additional compensation.
5-1-6.With the approval of the Town Manager a division director, other than
the Manager, may designate himself as head of one or more
departments within his respective division, but if so designated he/she
shall serve in such additional capacity without additional compensation.
Section 2. Division of Finance
5-2-1.The administrative functions of assessment, tax and fee collections,
receipts and disbursements, purchasing, and others of a fiscal nature
shall be carried out within a Division of Finance.
Section 3. Division of Planning and Community Development
5-3-1.The administrative functions of planning, zoning enforcement,
subdivision control, the issuance of building permits, all Town
inspections required by law, conservation, land acquisition and
management, approval of street plans, health, building code
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Section 3 NORTH ANDOVER CODE Section 7
enforcement, urban revitalization, and community development and
such other services as may be assigned by this Charter or by-law
shall be carried out within a Division of Planning and Community
Development.
Section 4. Division of Public Works
5-4-1.The administrative functions of cemeteries, the collection and
disposal of solid waste, engineering, forestry, trees, highways, parks,
public grounds, sewers, water, and such other public works functions as
may be assigned by this Charter or by by-law shall be carried out within
a Division of Public Works.
Section 5. (Reserved)
Section 6. Police Department
5-6-1.A Police Department shall be established under a Chief of Police, who
shall be appointed by the Board of Selectmen.
Section 7. Fire Department
5-7-1.A Fire Department shall be established under a Fire Chief, who shall
be appointed by the Board of Selectmen.
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Section 1 CHARTER Section 6
CHAPTER 6
Elected Town Boards and Officers
Section 1. General provisions
6-1-1. Beginning with the first Town election held after the adoption of this
Charter, the officers and boards to be elected by vote of the Town shall
be: a Moderator, a Regional Technical high School Committee
representative, a Board of Selectmen as provided in Chapter 3, a
Housing Authority, and a School Committee.
6-1-2. Boards and commissions established or continued under this chapter
shall perform their functions and duties in accordance with the
Constitution, General Law, this Charter, and by-laws.
6-1-3. During the term for which he/she is elected, and for one year
following expiration of his term, no officer or member of any board or
commission established under this chapter shall be eligible to accept
any appointed, paid Town position placed under the jurisdiction of the
respective office or board vacated.
Section 2. Vacancies
6-2-1. Except as otherwise provided, vacancies in elected Town boards
established under this Charter shall be filled by the Board of Selectmen
together with the remaining members of the respective board, in
accordance with the provisions of General Law.
Section 3. Moderator
6-3-1.A Moderator shall be elected for a three-year term. The moderator
shall:
(a) Preside at all Town Meetings;
(b) Appoint the members of the Finance Committee;
(c) Appoint all ad hoc committees of the Town Meeting in accordance
with clause 2-7-1; and
(d) Preside at any hearing called to discuss the suspension or removal
of the Town Manager.
Section 4. Regional school representative
6-4-1.A Greater Lawrence Regional Technical High School District
Committee representative shall be elected for a three-year term.
Section 5. School Committee
6-5-1.A School Committee of five members shall be elected at large for
three-year overlapping terms.
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Section 6 NORTH ANDOVER CODE Section 6
Section 6. Housing Authority
6-6-1.There shall be a Housing Authority of five members, one of whom
shall be appointed under authority of the Commonwealth and four of
whom shall be elected. All members shall serve five-year overlapping
terms.
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Section 1 CHARTER Section 9
CHAPTER 7
Appointed Town Boards
Section 1. Zoning Board of Appeals
7-1-1.A Zoning Board of Appeals of five members and three associate
members shall be appointed by the Board of Selectmen for three-year
overlapping terms.
Section 2. Conservation Commission
7-2-1.A Conservation Commission of seven members shall be appointed by
the Board of Selectmen for three-year overlapping terms.
Section 3. Council on Aging
7-3-1.A Council on Aging of 11 members shall be appointed by the Board of
Selectmen for three-year overlapping terms.
Section 4. Historical Commission
7-4-1.A Historical Commission of seven members shall be appointed by the
Board of Selectmen for three-year overlapping terms.
Section 5. Recreation Council
7-5-1.A Recreation Council of nine members shall be appointed by the
Board of Selectmen for three-year overlapping terms.
Section 6. Arts Council
7-6-1.An Arts Council of an indefinite, but odd, number shall be appointed
by the Board of Selectmen for three-year overlapping terms.
Section 7. Planning Board
7-7-1.A Planning Board of five members shall be appointed by the Town
Manager for three-year overlapping terms.
Section 8. Board of Health
7-8-1.A Board of Health of five members, one of whom shall be a licensed
physician in the Commonwealth, shall be appointed by the Town
Manager for three-year overlapping terms with the approval of the
Board of Selectmen, in accordance with General Law. [Amended by
Chapter 185 of the Acts of 2005, approved 1-5-2006; Chapter 326
of the Acts of 2006, approved 10-26-20061
Section 9. Library Trustees
7-9-1.A Board of Library Trustees shall be established as provided by the
bequest establishing the library.
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Section 9 NORTH ANDOVER CODE Section 13
7-9-2.The Board shall appoint the librarian and staff of the library.
Section 10. Youth Services Commission
7-10-1.A Youth Services Commission of an indefinite, but odd, number shall
be appointed by the Board of Selectmen for three-year overlapping
terms.
Section 11. Disability Commission
7-11-1.A commission on disability issues of an indefinite, but odd, number
shall be appointed by the Board of Selectmen for three-year
overlapping terms.
Section 12. Change in composition of appointed Town boards
7-12-1.The Town Meeting may, by by-law, enlarge or decrease the number
of persons to serve as members of boards established under this
chapter; provided, however, that all such boards shall always consist of
an odd number of members.
Section 13. Town boards, commissions, and committees
7-13-1. Multi-member boards established by this Charter shall possess and
exercise all powers given to them under the Constitution and laws of
the Commonwealth, and shall have and exercise such additional powers
and duties as may be authorized by this Charter, by-law, or vote of the
Town Meeting.
7-13-2.All boards, commissions, and committees of the Town shall:
(a) Organize annually;
(b) Elect a chairman and other necessary officers;
(c) Establish a quorum requirement for their meetings in accordance
with General Law;
(d) Adopt rules of procedure and voting; and
(e) Maintain minutes and all other records of proceedings, copies of
which shall be public record and filed monthly with the Town Clerk.
7-13-3.All such boards shall meet with the Board of Selectmen at least once
in each year.
7-13-4.All such boards shall conduct their meetings in accordance with the
open meeting provisions of the Open Meeting Law, Section 23A-C of
MGL Chapter 39, as may be amended from time to time.2
2. Editor's Note: MGL c. 39, §§ 23A through 23C,were repealed by Acts of 2009, c. 28. See
now the Open Meeting Law found in MGL c. 30A, §§ 18 to 25.
C:24
Section 13 CHARTER Section 14
7-13-5. Members of boards established under this chapter may receive such
compensation as may be authorized by the Town Meeting, but during
the term for which a member is appointed and for one year following
expiration of such term, no member of any appointed board under this
Charter shall be eligible to accept any additional paid position under
any such board.
7-13-6.Any person duly appointed to any office or board shall take up the
duties of his office immediately, provided that he/she first shall have
been sworn to the faithful performance of his duties by the Town Clerk.
7-13-7.The unexcused absence of a member from four or more consecutive
meetings of any appointed multi-member body shall serve to vacate the
office. When such a vacancy has been created, the Chairman shall
advise the appointive authority forthwith, who shall fill the vacancy
within 30 days.
Section 14. Additional boards
7-14-1.The Board of Selectmen by an affirmative vote may create additional
appointed Town boards and assign powers under the Constitution and
laws of the Commonwealth, and shall have and exercise such additional
powers and duties as may be authorized by this Charter, by-law or vote
of the Town Meeting.
C:25
Section 1 CHARTER Section 5
CHAPTER 8
Elections
Section 1. Town elections
8-1-1.The regular election for all Town offices shall be by official ballot held
on the last Tuesday in March of each year. [Amended by Chapter 96
of the Acts of 1997, approved 9-17-1997; Chapter 36 of the Acts
of 2004, approved 3-5-20041
8-1-2.All General Law provisions with regard to Town elections shall apply,
except as may herein be provided by this Charter.
Section 2. Town elections to be nonpartisan
8-2-1.All Town elections shall be nonpartisan, and election ballots shall be
printed without any party mark or designation whatsoever.
Section 3. Eligibility of Town voters
8-3-1.Any registered voter of the Town shall be eligible for election to any
elective office or board of the Town; provided, however, that no person
shall be a candidate for or hold, concurrently, more than one paid
elective office of the Town.
Section 4. Time of taking office
8-4-1.Any person duly elected to any office or board shall take up the duties
of his office immediately following certification.
Section 5. Recall of elective officers
8-5-1.Any holder of an elective office may be recalled by the voters as
herein provided.
8-5-2. One percent of the registered voters of the Town may file with the
Town Clerk an affidavit containing the name of the officer sought to be
recalled and a statement of the grounds for recall. The Town Clerk shall
thereupon deliver to the voter the first named on such affidavit a
sufficient number of copies of petition blanks demanding such recall,
printed forms which he/she shall keep available. The blanks shall be
issued by the Town Clerk with his signature and Official Seal attached
thereto. They shall be dated and addressed to the Board of Selectmen,
and shall contain the name of the person to whom they are issued, the
number of petitions so issued, the name of the person whose recall is
sought, the grounds for recall as stated in the affidavit, and shall be
demand the election of a successor to such office.
8-5-3.A copy of the petition shall be entered in the Town Meeting records.
The recall petition shall bear the signatures and residential addresses
of at least 25% of registered voters. The recall petition shall be returned
to the Town Clerk within 20 working days after the filing of the affidavit.
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Section 5 NORTH ANDOVER CODE Section 5
8-5-4.The Town Clerk shall within 24 hours of receipt submit the petition to
the Registrars of Voters in the Town, and the Registrars shall within
seven working days certify thereon the number of signatures which are
named of registered voters.
8-5-5. If the petition shall be found and certified by the Town Clerk to be
sufficient he/she shall submit the same with his certificate to the Board
of Selectmen. The Board of Selectmen shall, within three working days,
give written notice by registered mail of the receipt of the certificate to
the officer sought to be recalled and shall, if the officer does not resign
within five days thereafter, order an election to be held on a date fixed
by the Board at least 64 but 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 90
days after the date of the certificate, the Board of Selectmen shall
postpone the holding of the recall election to the date of such other
election. [Amended by Chapter 414 of the Acts of 2012, approved
1-4-20131
8-5-6.Any officer sought to be removed may be a candidate to succeed
himself. The nominations of candidates, the publication of the warrant
for the recall election, and the conduct of the same, shall all be in
accordance with the provisions of General Law relating to elections,
and the election to replace the officer sought to be removed shall be
held on the same day as the recall election.
8-5-7.The incumbent shall continue to perform the duties of office until the
recall election. If not recalled, he/she shall continue in office for the
remainder of his unexpired term, but shall not again be subject to recall
during his term of office. If recalled, he/she shall be deemed removed
upon the qualification of his successor who shall hold office during the
unexpired term. If the successor fails to qualify within five days after
receiving notification of his election, the incumbent shall thereupon be
deemed removed and the office vacant.
8-5-8.The form of the question to be voted upon shall be substantially as
follows: "shall [here insert the name and title of the elective officer
whose recall is sought] be recalled?" The action of the voters to recall
shall require a majority vote, but shall not be effective unless the total
of those voting for and against recall shall exceed 20% of the registered
voters of the Town.
8-5-9. No person having been removed from office by recall or having
resigned from office while recall proceedings were pending against
him/her, shall be appointed to any Town office within two years
following said removal or resignation.
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Section 1 CHARTER Section 2
CHAPTER 9
Financial Provisions and Procedures
Section 1. Finance Committee
9-1-LA Finance Committee of nine members shall be appointed by the
Moderator for three-year overlapping terms. Three members shall be
appointed annually.
9-1-2.Any person duly appointed to the Finance Committee shall take up the
duties of the office upon the final adjournment of the Annual Town
Meeting, provided that he/she first shall have been sworn to the faithful
performance of his duties by the Town Clerk.
9-1-3.Vacancies in the Finance Committee shall be filled by the Moderator
within 30 days after he/she has been notified, in writing, of the vacancy
on the Board. Any person appointed to fill out an unexpired term shall
take up the duties immediately, provided that he/she first shall have
been sworn to the faithful performance of his duties by the Town Clerk.
9-1-4. No member of the Finance Committee shall hold any other elected or
appointed Town office.
Section 2. Submission of budget and budget message
9-2-1. On or before the first day of October of each year, the Town Manager
shall request and receive from the Director of Finance and the Assessor
(solicitor) the estimated revenues for the ensuing fiscal year.
9-2-2. Upon receipt of any additional specific fiscal data provided by the
Commonwealth, such estimates shall be revised, updated, and
submitted forthwith to the Town Manager.
9-2-3. On or before the first day of November of each year, the Board of
Selectmen, after consulting with the Town Manager, shall issue a policy
statement relating to the budget for the ensuing fiscal year. The
statement shall establish the outer limits of possible budget growth for
the Town.
9-2-4.All department heads, boards, committees, and commissions, shall
submit their budget requests to the Town Manager at least 120 days
before the date of the Annual Town Meeting or at an earlier time, as
directed by the Town Manager. The Town Manager shall forward such
budget requests to the Finance Committee forthwith.
9-2-5.At least 90 days prior to the scheduled date of the Annual Town
Meeting, the Town Manager shall submit to the Board of Selectmen and
the Finance Committee a comprehensive budget for all Town functions
for the ensuing fiscal year and an accompanying budget message.
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Section 2 NORTH ANDOVER CODE Section 5
9-2-6.The budget message shall explain the budget both in fiscal terms and
in terms of what specific projects are contemplated in the year ahead. It
shall:
(a) Outline the proposed financial policies of the Town for the ensuing
fiscal year;
(b) Describe the important features of the budget;
(c) Indicate any major changes for the current year in financial
policies, expenditures, and revenues, together with the reason for
such changes;
(d) Summarize the Town's debt position; and
(e) Include such other material as the Town Manager may deem
appropriate.
9-2-7.The budget shall provide a complete financial plan for all Town funds
and activities and shall be in such format as the Finance Committee
may suggest, provided the format suggested is compatible with the
standards recommended by the State Association of Finance
Committees. The budget shall indicate proposed expenditures for both
current operations and capital projects during the ensuing fiscal year,
detailed by divisions, departments, offices, boards, commissions,
committees, and specific purposes and projects.
Section 3. Action on proposed budget
9-3-1.The Board of Selectmen shall within 30 days adopt the budget, with or
without amendments, and submit it to the Finance Committee. The
Board of Selectmen shall also transmit the budget request of the School
Committee to the Finance Committee.
9-3-2. (Reserved)
9-3-3.The Board of Selectmen shall be responsible for presenting the
budget to the Town Meeting.
Section 4. Budget adoption
9-4-1.The Town Meeting shall adopt the budget, with or without
amendments, prior to the beginning of the fiscal year.
Section 5. Capital improvements plan
9-5-1.The Town Manager shall prepare a five-year capital improvements
plan which shall include: (a) a clear summary of its contents; (b) a list of
all capital improvements proposed to be undertaken during the next
five years, together with supporting data; (c) cost estimates, methods of
financing, and recommended time schedules; and (d) the estimated
annual cost of operating and maintaining the facilities or equipment to
be contracted or acquired. The above information may be revised and
C:30
Section 5 CHARTER Section 8
shall be extended each year with regard to capital improvements
pending or in the process of construction or acquisition.
9-5-2.The capital improvements plan shall be submitted to Board of
Selectmen at least 150 days prior to the date of the Annual Town
Meeting. The Board shall act thereon within 30 days and shall then
submit it to the Finance Committee, which shall issue its
recommendations as part of the annual Finance Committee report.
Section 6. Notice of public hearing on capital improvements plan
9-6-1.The Finance Committee shall conduct at least one public hearing on
the proposed budget and capital improvements plan and shall issue
printed recommendations, if the recommendations are available and
detailed explanations on all financial articles, including the operating
budget and the capital improvements plan in an annual Finance
Committee report. This report shall be made available to all residents of
the Town at least 21 days prior to the Annual Town Meeting, at Town
Hall, at Stevens Memorial Library, on the Town of North Andover
website and, by request, by e-mail and United States mail. Notice of
availability shall be published in a newspaper of general circulation.
Copies of the annual Finance Committee report shall also be made
available at the Annual Town Meeting. In preparing its
recommendations, the Committee may require the Town Manager, any
Town division, department, office, board, commission or committee to
furnish it with appropriate financial reports and budgetary information.
[Amended by Chapter 171 of the Acts of 2010, approved
7-22-20101
Section 7. Annual audit
9-7-1.At least 90 days before the end of the fiscal year, the Board of
Selectmen shall retain a certified public accountant or accounting firm
to conduct an audit of all accounts, books, records and financial
transactions of every division, department, office, board, commission or
committee of the Town and to file its report within 120 days after the
end of the fiscal year.
9-7-2.A copy of every auditor's report shall be filed with the Town Clerk,
shall be a public record, and a summary thereof shall be published in
the next Annual Town Report.
Section 8. Limit on spending [Repealed by Chapter 147 of the Acts
of 2010, approved 7-1-20101
C:31
Section 1 CHARTER Section 5
CHAPTER 10
Planning and the Environment
Section 1. Powers and duties of the Planning Board
10-1-1.A Planning Board shall be appointed as provided in clause 7-7-1.
10-1-2.The Board shall exercise such powers and duties as prescribed by
General Law, this Charter, and by-law.
10-1-3.The Board shall make recommendations to the Town Manager and to
the Director of the Division of Planning and Community Development
on all matters concerning the physical, economic, and environmental
development of the Town.
Section 2. Master Plan
10-2-1.The Board shall be responsible for the development and periodic
updating of a Master or Comprehensive Plan. A summary of said plan
shall be submitted to the Town Meeting, which shall adopt the
summary, with or without amendments. After the summary has been
acted on by the Town, the Planning Board shall utilize the plan in
making recommendations to the Town. The Board shall report annually
to the Town on the status of the Master Plan.
Section 3. Industrial Development Financing Authority
10-3-1.An Industrial Development Financing Authority of five members
shall be appointed by the Town Manager for five-year overlapping
terms.
10-3-2.The Authority shall exercise such powers and duties as prescribed
by General Law, this Charter, and by-law.
Section 4. Industrial Commission
10-4-1.An Industrial Commission of five members shall be appointed by the
Town Manager for three-year overlapping terms.
10-4-2.The Commission shall exercise such powers and duties as prescribed
by General Law, this Charter, and by-law.
Section 5. Coordination of activities
10-5-1. It shall be the general responsibility of the Town Manager and/or the
Director of the Division of Planning and Community Development, if
appointed, to coordinate the activities of the Town Planner, the
Planning Board, Conservation Commission, Industrial Authority,
Industrial Commission, and other boards, commissions, and
committees, except the Board of Appeals, concerned with the physical,
economic, and environmental development of the Town.
C:33
Section 1 CHARTER Section 5
CHAPTER 11
Transitional Provisions
Section 1. Effective date
11-1-1. Except as provided for in this chapter, this Charter shall be in full
effect on the first day of October following its adoption by the voters.
11-1-2.This Charter shall be in partial effect upon its adoption by the voters
to permit the Board of Selectmen to immediately commence to search
for a Town Manager. The provisions of 4-1-3 shall be inapplicable to the
first Town Manager search and appointment made under this Charter,
and the appointment shall be made effective as of the first day of
September following its adoption.
Section 2. Continuation of existing laws
11-2-1. Except as specifically provided in this Charter all General Laws,
special laws, Town by-laws, votes, rules and regulations pertaining to
the Town which are in force when this Charter takes effect and which
are not inconsistent with the provisions of this Charter shall continue in
full force and effect until amended or rescinded by due course of law or
expire by their own limitation.
Section 3. Continuation of government
11-3-1. Except as specifically provided in this Charter, all committees,
commissions, councils, boards, departments, offices and other agencies
of the Town shall continue in existence and their incumbents shall
continue to perform their duties until not reappointed, reelected, or
until successors to their respective positions are duly appointed or
elected or their duties have been transferred.
Section 4. Continuation of personnel
11-4-1.Any person serving in the employment of the Town shall retain such
position and shall perform his duties until provisions shall have been
made in accordance with this Charter for the performance of said
duties by another person or agency; provided, however, that no person
in the permanent, full-time service or employment of the Town shall
forfeit his pay grade or time in service. All such persons shall be
retained in a capacity as similar to their former capacity as it is
practical so to do and shall be eligible for appointment to a position at a
higher pay grade.
11-4-2.All elected officers in office on the first day following the adoption of
this Charter shall each be allowed to complete his term of office. At the
expiration of said term, said incumbents shall be eligible for
appointment to an appointed position in the Town's employ.
Section 5. Transfer of records and property
C:35
Section 5 NORTH ANDOVER CODE Section 10
11-5-1.All records, property and equipment whatsoever of any office,
department, or agency or part thereof, the powers and duties of which
are assigned in whole or in part to another office or agency, are
assigned to such office or agency.
Section 6. Public works
11-6-1.The provisions of this Charter which relate to the establishment of a
Division of Public Works shall become effective 60 days after the Town
Manager has been appointed. Upon this date, the Highway Surveyor
shall become subject to the direction of the director of the division, for
the remainder of his elected term of office. Upon the expiration of his
term of office, the office shall be discontinued, and the incumbent shall
be eligible for appointment to a similar position in the Division of Public
Works.
11-6-2.The terms of office of the incumbent members of the Board of Public
Works shall continue to their normal expiration. As the term of each
incumbent expires, the position may be filled by the Town Manager with
the approval of the Board of Selectmen for a term of one year. The
Board shall continue to discharge its duties until the Board is abolished
in accordance with the provisions of clause 4-6-1, and its powers and
duties are reassigned to the Director of Public Works.
Section 7. Board of Assessors
11-7-1.The terms of office of the incumbent members of the Board of
Assessors shall continue to their normal expiration. As the term of an
incumbent expires, the position may be filled by the Town Manager with
the approval of the Board of Selectmen for a term of one year. The
Board shall continue to discharge its duties until its powers and duties
are reassigned in accordance with the provisions of clause 4-6-1.
Section 8. Planning Board
11-8-1.The terms of office of the incumbent members of the Planning Board
shall continue to their normal expiration. As the terms of office of
Planning Board members expire, such positions shall be filled by
appointment for a term of three years.
Section 9. Boards discontinued
11-9-1. On the effective date of this Charter, the Board of Fire Engineers, the
Personnel Board, and the Capital Budget Committee shall be
discontinued.
11-9-2.The Board of Public Works established by Chapter 379 of the Acts of
1906 may be abolished in accordance with the provisions of clause
4-6-1.
Section 10. Charter amendment
C:36
Section 10 CHARTER Section 11
11-10-1.This Charter may be replaced, revised, or amended in accordance
with the procedures made available by Article 89 of the Amendments to
the Constitution of the Commonwealth, commonly known as the Home
Rule Amendment, and MGL Chapter 4313, commonly known as the
Home Rule Procedures Act.
Section 11. Definitions
11-11-1. Unless another meaning is clearly apparent, from the manner in
which the word is used, the following words as used in this Charter
shall have the following meanings:
(a) Charter. The word "Charter" shall mean this Charter and any
amendments to it made through any of the methods provided under
Article 89 of the Amendments to the Constitution of the
Commonwealth.
(b) Town. The word "Town" shall mean the Town of North Andover.
(c) Town agency. The words "Town agency" shall mean any board,
commission, committee, department or office of Town government.
(d) Majority vote. The words "majority vote" shall mean a majority of
those present and voting, provided that a quorum of the body is
present.
(e) Voters. The word "voters" shall mean registered voters of the Town
of North Andover.
(f) Multi-member body. The words "multi-member body" shall mean
any board, commission or committee of the Town consisting of two
or more persons, whether appointed or elected.
(g) Certification. The word "certification" shall mean that person has
been declared elected and sworn to the faithful performance of
duty by the Town Clerk.
(h) He/she/his. The words "he/she" or "his" or any use of a masculine
noun or pronoun in this Charter shall include the feminine.
(i) Elected officer. The words "elected officer" as used in 11-4-2 shall
mean the Town Clerk, the Highway Surveyor, the Collector-
Treasurer, and any other individual elected office, abolished or
made appointive by this Charter.
C:37