HomeMy Public PortalAboutWatertown Home Rule Charter with Potential Areas for Discussion.02.11_202103221518594494 The following Code does not display images or complicated formatting. Codes should be viewed online. This
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Chapter C
Commented[MWt]:Using these notes in track changes,
atertown Home Rule Charter the Center project team has flagged some example areas
where the Committee could consider changes to the existing
[HISTORY:This Home Rule Charter is as amended through Chapter 98 of the Acts of 2001 and charter to address issues raised during discussions.The items
flagged here are not intended to include all areas that the
acceptance by the voters,November 6,2001;further amended by Town Council proposal and accepted Committee may eventually want to address.only some of
by the voters on November 8,2011.1 the major ones that been raised so far.The project team also
has additional areas for recommended changes that are
technical,smaller,or not relevant to the discussions so far.
dPREAMBLEJ Commented[MW2]:As previously discussed,
Watertown's charter currently has no preamble.This is a
place where the values and vision of the Town(and by
extension,the community)could be presented in very broad
strokes.
[Vision]
1
(Article 1
INCORPORATION; SHORT TITLE;POWERS;DEFINITIONS Commented[MW3]:This article is mostly boilerplate
__[
f f technical language.Several of the definitions could use some
SECTION 1-1 INCORPORATION. updating.
The inhabitants of the Town of Watertown,within the territorial limits established by law,shall continue to
be a municipal corporation,a body corporate and politic,under the name"Town of Watertown."
SECTION 1-2 SHORT TITLE.
This instrument shall be known and may be cited as the Watertown Home Rule Charter.
SECTION 1-3 DISTRIBUTION OF POWERS.
(The administration of the fiscal,prudential and municipal affairs of Watertown,with the government thereof,
shall be vested in an administrative branch headed by a town manager,and a legislative branch to consist of a
town council.�he ltgiislative branch shall never exercise any dministratiwpower and the administrative Commented[MW4]:It is more common for the
branch shall never exercise any legislative power. legislative branch to be described first in council-manager
form of government.Although purely symbolic,the
SECTION 1-4 POWERS OF THE TOWN. Committee could consider flipping the order of these.
[Legislative capacity/balance of power]
Subject only to express limitations on the exercise of any power or function by a municipal government in
the constitution or general laws of the Commonwealth,it is the intention and the purpose of the voters of
Watertown through the adoption of this charter to secure for themselves and their government all of the
powers it is possible to secure as fully and as completely as though each such power were specifically and
individually enumerated herein.
For the purposes of classifying Watertown in those instances where laws of the Commonwealth may
distinguish between municipalities classified as"towns"and other municipalities classified as"cities,"it is
intended that this charter shall be construed as providing a city form of government.
SECTION 1-5 CONSTRUCTION.
The powers of Watertown under this charter are to be construed liberally in its favor,and the specific
mention of any particular power is not intended to limit the general powers as stated in section 1-4.
SECTION 1-6 INTER-GOVERNMENTAL RELATIONS.
Subject only to express limitations in the constitution or general laws of the Commonwealth,Watertown 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 the Commonwealth or any agency or political
subdivision thereof,or with the United States government or any agency thereof.
SECTION 1-7 DEFINITIONS.
Unless another meaning is clearly apparent from the manner in which the word or phrase is used,the
following words and phrases as used in this charter shall have the following meanings:
(a) Charter-The word"charter"shall mean this charter and any amendment to it hereafter adopted.
(b) Emergency-The word"emergency"shall mean a sudden,unexpected,unforeseen happening,
occurrence or condition which necessitates immediate action or response.
(c) Full Council,Full Multiple-Member Body-The words"full council'or"full multiple-member body"
shall mean the entire authorized complement of the town council,school committee or other multiple-
member body notwithstanding any vacancy which might exist.
2
(d) general laws-The words"general laws"(all lower case letters)shall mean laws enacted by the state
legislature which apply alike to all cities and towns,to all cities,to all towns,or to a class of two or
more cities and or towns of which Watertown is a member
(e) General Laws-The words"General Laws"(initial letter of each word in upper case letters)shall mean
the General Laws of the Commonwealth of Massachusetts,a codification and revision of statutes
enacted on December 22,1920,and including all amendments thereto subsequently adopted.
(f) Initiative Measure-The words"initiative measure"shall mean a measure proposed by the voters
through the initiative process provided under this charter.
(g) Local Newspaper-The words"local newspaper"shall mean a newspaper of general circulation within
Watertown,with either a weekly or daily circulation.Any information required to be published in a
local newspaper shall also be posted on the town website.
(h) Majority Vote-The words"majority vote"shall mean a majority of those present and voting,unless
another provision is made by ordinance,by law,or by its own rules.
(i) Measure-The word"measure"shall mean any ordinance,order,resolution,or other vote or proceeding
adopted,or which might be adopted by the town council or the school committee.
(j) Multiple-member Body-The words"multiple-member body"shall mean any board,commission,
committee,sub committee,or other body consisting of two or more members whether elected,appointed
or otherwise constituted,but not including the town council,the school committee,and the trustees of
the public library.
(k) Referendum Measure-The words"referendum measure"shall mean a measure adopted by the town
council or by the school committee which is protested by the referendum procedures provided under this
chapter.
(1) Town-The word"town"shall mean the town of Watertown.
(m) Town Bulletin Board-The words"town bulletin board"shall mean the bulletin board in the
administration building on which the town clerk posts official notices of meetings and upon which other
official town notices are posted,and the bulletin boards at any other locations as may be designated
town bulletin boards by the town council.Any information required to be posted on the town bulletin
board shall also be posted on the town website.
(n) Town Agency-The words"town agency"shall mean any multiple-member body,any department,
division,or office of the town of Watertown.
(o) Town Officer-The words"town officer"when used without further qualification or description,shall
mean a person having charge of an office or department of the town who in the exercise of his or her
powers or duties exercises some portion of the sovereign power of the town.
(p) Town Website-The words"town website"shall mean the official website maintained by the Town of
3
Watertown.
(q) Vacancy-The word"vacancy"shall mean an office that becomes open prior to the end of a person's
elected or appointed term due to the death,resignation,or removal of that person,or as a result of a
failure to elect.
(r) Voters-The word"voters"shall mean registered voters of the town of Watertown.
4
(Article 2
LEGISLATIVE BRANCH( Commented[MWS]:Other than the items noted below,
SECTION 2-1 COMPOSITION,TERM OF OFFICE. this is a fairly standard legislative branch article.
(a) Composition-There shall be a town council of�ine membersLwhich shall exercise the leEWslative Commented[MW6]:In light ofthe discussions earlier
powers of the town.Four of these members,to be known as councillors-at-large,shall be nominated and about the workload of Councilors and the lack of capacity,
the Committee could consider recommending an increase in
elected by and from the voters at large.Four of these members,to be known as district councillors,shall the size of the Council as one way to reduce the workload of
be nominated and elected by and from the voters of each district,one such district councillor to be individual councilors.
[Legislative capacity/balance ofpower]
elected from each of the four council districts into which the town is divided,in accordance with section
7-6.The ninth member of the town council shall be a council president,elected as provided in section 2-
2.
(b) Term of Office-The terms of town councillors shall be for two years each�beginning on the first Commented[MW7]:Also in light of the capacity
business day of January in the year following their election,until their successors have been qualified. discussions,the committee could consider increasing the
term of Councilors to four years to reduce the amount of
time spent campaigning.
(c) Eligibility-Any voter shall be eligible to hold the office of councillor-at-large.A district councillor [Legislative capacity/balance ofpower]
shall at the time of election be a voter of the district from which the councillor is elected,provided,
however if any such district councillor shall during the term for which the councillor was elected
remove to another district in the town,or be so removed by a revision of district lines,such councillor
may continue to serve for the balance of the term for which the councillor was elected.
SECTION 2-2 COUNCIL PRESIDENT.
(a) Election and Term-IA council president shall be nominated and elected by and from the voters at large L Commented[MWS]:Although there are arguments in
at each biennial election to serve for a term of two years,beginning on the first business day of January both directions,it could be argued that letting the Council
choose its own President could strengthen the Council by
following the election and until a Successor is qualified. ensuring that the President speaks clearly as the voice of the
Council.
(b) Powers and Duties-The council president shall be reco nized as the official head of the town for all [Legislative capacity/balance ofpower]
ceremonial purposes and shall be recognized by the courts for the purposes of serving civil process. Commented[Mw9]:fth e Town to committee could consider
adding an annual State of the this section as part of
efforts to strengthen both communications and vision.
The council president shall be the presiding officer of the town council.The council president shall have [Vision and Communications]
no power of veto but shall have the same powers as any other member of the town council to vote upon
all measures coming before it.The council president shall perform such other duties consistent with the
office as may be provided by charter,by ordinance,or by vote of the town council.
The council president shall also serve as a member of the school committee.�he officer rroovided for in Commented[MW10]:The Committee could decide to
this section shall be referred to as"council president",but ballots used in electing the said office shall reduce the workload on the Council President by removing
membership on the School Committee from the position's
contain the words"council president and member of school committee." duties.
[Legislative capacity/balance ofpower]
(c) Council Vice President-As soon as practicable after the councillors elect have been qualified following
each biennial election,the town council shall elect from among its members a vice president who shall
act as president during the absence or disability of the council president
SECTION 2-3 COMPENSATION,EXPENSES.
(a) Salary-The town council may,by ordinance,provide an annual salary for its members.No ordinance
increasing such salary shall be effective,however,unless it shall have been adopted during the first
5
eighteen months of the term for which town councillors are elected,and it provides that such salary is to
take effect with the organization of the town government following the next biennial election.
(b) Expenses-Subject to appropriation,the council members shall be entitled to reimbursement of their
actual and necessary expenses incurred in the performance of their duties.
SECTION 2-4 GENERAL POWERS.
Except as otherwise provided by general law or by this charter,all powers of the town shall be vested in the
town council which shall provide for their exercise and for the performance of all duties and obligations
imposed upon the town by law.The town may enter into contracts for the exercise of its corporate powers on
such terms and conditions as are authorized by the town council by ordinance.
SECTION 2-5 EXERCISE OF POWERS;QUORUM;RULES.
(a) Exercise of Powers-Except as otherwise provided by general law or by this charter,the legislative
powers of the town council may be exercised in a manner determined by it.
(b) Quorum-The presence of five members shall constitute a quorum for the transaction of business,but a
smaller number may meet and adjourn from time to time.Except as otherwise provided by general law
or by this charter the affirmative vote of five members shall be required to adopt any ordinance or
appropriation order.
(c) Rules of Procedure-The town council shall from time to time adopt rules regulating it procedures,
which shall be in addition to the following:
(i) Regular meetings of the town council shall be held at a time and place fixed by ordinance.
(ii) Special meetings of the town council shall be held at the call of the council president,or,on the call
of any three or more members,by written notice delivered to each member and which contains a
listing of the items to be acted upon.Except in case of an emergency,of which the council
president shall be judge,such notice shall be posted upon the town bulletin board at least forty-
eight week-day hours excluding Saturdays,Sundays and legal holidays in advance of the time set
for such meeting.
(iii) All sessions of the town council and of every committee or sub committee thereof,shall at all times
be open to the public and to the press,unless another provision is made by law.
(iv) A full,accurate,up-to-date account of the proceedings of the town council shall be kept,which
shall include a record of each vote taken,and which shall be made available with reasonable
promptness following each meeting.
SECTION 2-6 ACCESS TO INFORMATION.
(a) In General-The town council may make investigations into the affairs of the town and into the conduct
and performance of any town agency and for this purpose may subpoena witnesses,administer oaths
and require the production of evidence.
(b) Town Officers,Members of Town Agencies,Employees-The town council may require any town
6
officer,member of a town agency or town employee to appear before it to give such information as the
town council may require in relation to the municipal services,functions,powers,or duties which are
within the scope of responsibility of such person.
(c) Town Manager-The town council may require the town manager to appear before it at any time to
provide specific information on the conduct of any aspect of the business of the town which is within his
or her control by or under this charter or by or under any statute or law.
The town manager may on any such occasion bring any assistant,department head or other town officer
or employee or other resources to assist the manager in responding to questions which may be posed to
the manager.
(d) Notice-Except in cases of emergency the town council shall give not less than five days notice in
writing to any person it may request to appear before it under the provisions of this section.The notice
shall include specific questions on which the town council seeks information,and no person called to
appear before the town council under this section shall be required to respond to any question not
relevant or related to those presented to the person in advance and in writing.Notice shall be by delivery
in hand,or by electronic mail(with notification of receipt requested),by registered or certified mail to
the last known place of residence of any such person.
(SECTION 2-7 OFFICERS APPOINTED BY THE COUNCIL OR COUNCIL PRESIDENT. Commented[MW111:Another way to address potential
Council capacity issues would be to include language in this
section that lets the Council determine what administrative
(a) Town Auditor-The town council,by the affirmative vote of at least five members,shall appoint a and analytical staffing support it needs.
[Legislative capacity/balance of power]
Town Auditor for an indefinite term of office.
The Town Auditor shall be appointed solely on the basis of his or her professional qualifications and
experience.
The town auditor shall keep and have charge of the accounts of the town and shall from time to time
audit the books and accounts of all town agencies.The town auditor shall have such other powers and
duties as provided for auditors and accountants by general laws and such additional powers and duties
as may be provided by the charter,by ordinance or by other vote of the town council.
(b) Clerk of the Council-The town council shall appoint,and may remove at its discretion a person
nominated by the council president,who may be the town clerk,to serve as clerk for a term of three
years and until his or her successor is chosen and qualified.The clerk of the council shall give notice of
its meetings to its members and to the public,keep the journal of its proceedings and perform such other
duties as may be provided by ordinance or by other vote of the town council.
(c) Salaries-The officers appointed under Section 2-7 shall receive such salaries as may from time to time
be provided for such office by ordinance.
(d) Supervision-The council president shall be responsible for day-to-day supervision of the town auditor
and clerk of the council,including but not limited to discipline of same up to and including an unpaid
suspension of not more than five days;provided,however,that the council president may,at the council
president's sole discretion,bring to the town council any personnel matter involving the town auditor or
7
clerk of the council for appropriate action,and provided further that a vote of the town council would be
needed to remove the town auditor or clerk of the council.
SECTION 2-8 ORDINANCES AND OTHER MEASURES.
(a) Emergency Ordinances-No ordinance shall be passed finally on the date it is introduced,except in case
of special emergency involving the health or safety of the people or their property.
No ordinance shall be regarded as an emergency ordinance unless the emergency is defined and
declared in a preamble to such ordinance,separately voted upon and receiving the affirmative vote of
six members of the town council.
No ordinance making a grant,renewal or extension,whatever its kind or nature,of any franchise or
special privilege of any kind or nature shall be passed as an emergency measure,and except as provided
in sections seventy and seventy-one of chapter one-hundred sixty-four and in chapter one-hundred sixty-
six of the General Laws,no such grant,renewal or extension shall be made otherwise than by ordinance.
Emergency ordinances shall stand repealed on the sixty-first day following their adoption,unless an
earlier expiration date is specified in the emergency ordinance,or unless a measure passed in conformity
with the procedures for measures generally has been passed extending it.
(b) Measures,In General-Excepting only proposed ordinances,appropriation orders and loan
authorizations,the town council may pass any other measure through all of its stages at any one
meeting,provided that no member of the town council shall object;but,if any single member objects,a
vote on the measure shall be postponed to the next meeting of the town council.
On the first occasion that the question of adopting any measure is put to the town council,except an
emergency measure as defined in section 2-9(a),if a single member objects to the taking of a vote,the
vote shall be postponed until the next meeting of the town council regular or special.If when the matter
is next taken up for a vote,four or more members object to the taking of the vote,the matter shall be
further postponed for not less than an additional five days.This procedure shall not be used more than
once for any measure,notwithstanding any amendment made to the original measure.
(c) Publication-Every proposed ordinance,appropriation order or loan authorization[except emergency
ordinances as provided in section 2-9(a)],shall be published once in full in a local newspaper,and in
any additional manner as may be provided by ordinance,at least five days before its final passage.After
final passage it shall be posted on the town bulletin board and otherwise published as may be required
by ordinance.Provided,however,that whenever a proposed ordinance or codification of ordinances or
other measure would exceed in length ten column inches,then in lieu of publication in a local
newspaper,the same may be published and made available at the office of the town clerk in booklet or
pamphlet form and posted on the town website,and if so published and available at least ten days before
its final passage shall be deemed sufficient notice.Whenever the town council provides for publication
in a booklet or pamphlet form in lieu of the newspaper publication,it shall,at least five days before final
passage publish in a local newspaper a general summary of the proposed ordinance,or ordinances,and a
notice stating the times and places at which copies of the booklet or pamphlet may be obtained or
reviewed by the public.
8
SECTION 2-9 FILLING OF VACANCIES.
(a) If a vacancy shall occur in the office of council president,councillor-at-large or district councillor
during the first twelve months of the term for which councillors are elected,the vacancy shall be filled
by special election forthwith and no earlier than 64 days from the date election is called;provided
however,by vote of not less than 6 councillors,the town council may instead vote to fill the vacancy
from among the voters by appointment.
(b) If a vacancy shall occur in the office of council president,councilor-at-large or district councillor during
the second twelve months of the term for which councillors are elected,appointment by vote of not less
than 6 councillors from among the voters;provided,however that if approved by a vote of not less than
6 councillors,a special election to fill the vacancy may instead be held forthwith on a date at least 64
days from the date the election is called.
(c) If an acting town councillor appointed under paragraphs(a)or(b)is not elected to the office at the next
town election,or if the position remains vacant,the person certified by the election commission as a
successful candidate to the office shall forthwith be sworn and shall serve the remainder of the vacant
term in addition to the term for which the person was elected.
(d) An acting town councilor appointed by the town council under paragraphs(a)or(b)shall not be entitled
to have the words"candidate for reelection"printed against that person's name on the ballot at the next
election.
([Potential new section] Commented[MW12]:The Committee could consider
adding the requirement for an annual Town-wide public
forum.
[Communications/Transparency]
9
(Article 3
TOWN MANAGER Commented[MW73]:With a few exceptions,this is a
relatively standard version of the Town Manager article.
SECTION 3-1 APPOINTMENT,TERM OF OFFICE;QUALIFICATIONS.
(a) Appointment,Term of Office-The town council,by the affirmative vote of at least five members,shall
appoint a town manager to serve for an indefinite term of office.
(b) Qualifications-The town manager shall be appointed solely on the basis of his or her executive and
administrative qualifications.The town manager shall be a person especially fitted by education,
training and previous experience in municipal administration directly related to the profession of
municipal management to perform the duties of the office.
The town manager need not be a resident of Watertown at the time of his or her appointment,nor of the
Commonwealth,but(the town manager shall establish residence in Watertown within twelve months
following his or her appointment unless excused from such requirement by the town council.) Commented[MW14]:Requiring residency would have
the effect of significantly shrinking the pool of candidates for
The town manager shall devote his Or her full time to the office and shall not hold any other public the position the next time the council is hiring.Preemptively
office,elected or appointed,nor shall the person serving as town manager engage in an other business, offering s waiver raises the issue of why it's worth having
1�I1 I> g gY the provision in the first place.The Committee could
occupation or profession unless such action is approved,in advance,by the town council. consider avoiding the issue entirely by spiking this
provision.
The town council may,by ordinance,establish other qualifications for the office of town manager. [Other]
SECTION 3-2 POWERS AND DUTIES.
(The town manager shall be the chief administrative officer of the town and shall be responsible to the town
council for the proper administration of all town affairs placed under his or her charge by or under the
charter.The Rowers and duties of the town mangier shall include,but are not intended to be limited t�the Commented[MW15]:The Committee could add
following:) additional language here to emphasize that the Town
Manager is following the policy direction and long-term
1) Supervise,direct and be responsible for the efficient administration of all town activities placed under vision of the council.
[Legislative capacity balance of power and Vision]
his or her control by the charter,by ordinance,or otherwise,including all officers appointed by the Commented[MWt6]:This list does not include anything
manager and their respective agencies. about external communications,transparency,etc.The
Committee could add a new item to the list that includes
those important duties.
2) Be responsible for the coordination of the activities of all agencies under his or her control with the [communications]
activities of all other town agencies,including those elected by the voters of Watertown and those
appointed by other elected officials.
3) (Appoint,and may remove,subject to the civil service law and any collective bargaining agreements as
may be applicable,all department heads,all officers,subordinates and employees for whom no other
Commented[MW77]:The Committee could consider
method of selection is provided by the charter,by ordinance,by administrative code,Or Otherwise. several options for broadening the range of voices sought for
Appointments made by the town manager shall be subject to confirmation of the town council,as boards and committees:
/ •the Committee could consider adding text that the
provided by OrdlriariCe.L process of soliciting and vetting volunteers is spelled out
in an ordinance;
4) Administer personnel related matters,including bargaining with municipal employees,and shall fix the -the Committee could consider the creation of Resident
Advisory Committee whose role is to assist the Town
compensation of all municipal employees appointed by the manager within the limits established by Manager in recruiting residents to volunteer for boards
appropriation and any ordinance Or collective bargaining agreement. and committees,and to vet residents that seek out those
positions;and/or
-the Committee could suggest creation of a"Community
5) Assure that all of the provisions of the General Laws,the town charter,town ordinances,and other votes Participation Officer"position with a mission to attempt to
of the town council which require enforcement by him or her,or by officers or employees subject to his engage the public more aggressively.
[Transparency/Communications/Responsiveness]
10
or her supervision,are faithfully carried out and enforced.
6) Prepare and submit an annual operating budget and a capital outlay program as provided in Article 5.
7) Assure that a full and complete record of the financial and administrative activities of the town is kept
and shall render a complete written report to the town council at the end of each fiscal year and at such
times as the town council may reasonably require.
7A) Execute contracts,subject to such prior town council approval as may be prescribed by ordinance.
8) Have full jurisdiction over the rental and use of all town facilities,except school and library buildings
and grounds.The Town Manager shall be responsible for the maintenance and repair of all town-owned
property,including,if authorized by an ordinance establishing a central town maintenance department,
school and library buildings and grounds.
9) Inquire at any time into the conduct of office of any officer,employee,or department under his or her
supervision.
10) Assure that a full and complete inventory of all property owned by the town,both real and personal,is
kept.
11) Make such recommendations,from time to time,to the town council,which,in the manager's judgment,
are deemed necessary or desirable
12) Authorize any subordinate officer or employee to exercise any power or perform any function which the
town manager is authorized to exercise or perform,provided,however,all acts performed under any
such delegation shall be deemed to be the acts of the town manager.
13A) Determine the existence of a public emergency or danger and shall assume responsibility for the
maintenance of public safety,public order and enforcement of laws.The manager shall notify the
council president as soon as practical,but within 24 hours,of such a public emergency or danger and of
the actions taken.Should the public emergency continue more than 24 hours,the town council may
meet to review,ratify,or terminate said public emergency.
1313) Execute all deeds conveying town real property,but that any such conveyance shall have been
previously authorized by the vote of the town council pursuant to the applicable provisions of the
General Laws.
13C) Publish an annual report comprising the complete statistical record of the operations of every town
department,commission and committee for the preceding year,and it shall be published annually and
made available for distribution to the public not later than four months after the end of the period on
which the report is based.
14) Perform such other functions as may from time to time be assigned to the office of town manager by
ordinance or other vote of the town council,or otherwise.
11
SECTION 3-3 COMPENSATION.
The town manager shall receive such compensation as may from time to time be established for the office of
town manager,by ordinance.
SECTION 3-4 REMOVAL.
Before the town manager may be removed,if the manager so demands,the manager shall be given a written
statement of the reasons alleged for the manager's removal,and shall have a right to be heard thereon at a
meeting of the town council prior to the final vote on the question of removal,but pending and during such
hearing the town council may suspend the manager from office The action of the town council in suspending
or removing the town manager shall be final,it being the intention of this provision to vest all authority and
to fix all responsibility for such suspension or removal in the town council.The town manager shall continue
to receive the manager's salary until the effective date of a final vote of removal.The town council may,by
ordinance,establish a procedure governing the removal from office of a town manager in such detail as it
may deem necessary or desirable.
SECTION 3-5 ACTING TOWN MANAGER.
(a) Temporary Absence-The town manager shall,by letter filed with the town council and a copy filed
with the town clerk,designate a qualified town officer or administrative employee to exercise the
powers and perform the duties of the office during temporary absence.During the first ten working days
of a temporary absence of the town manager,the town council may revoke such designation by a two-
thirds vote and,after the expiration of ten working days,by a majority vote,whereupon it may appoint
another qualified town officer or employee to serve as acting town manager until the town manager
shall return and resume the manager's duties.
(b) Vacancy-Any vacancy in the office of town manager shall be filled as soon as possible by the town
council but pending such appointment the town council shall designate a qualified town officer or
administrative employee to exercise the powers and perform the duties of the town manager on an
acting basis.The appointment of an acting town manager shall be for a term not to exceed four months;
provided,however,one renewal,not to exceed a second four months,may be permitted.
(c) Powers and Duties-The powers of a temporary or acting town manager shall be limited to matters not
admitting of delay;provided,however,no temporary town manager under(a)above shall have authority
to make any permanent appointment to,or removal from,any office or position under the town.
SECTION 3-6 EVALUATION OF TOWN MANAGER.
(a) There shall be an annual review of the town manager's job performance conducted by town council. Commented[MW181:The Committee could provide the
Council with the ability to construct a more detailed
evaluation process by ordinance.
[Legislative capacity/balance of power and Accountability]
12
Article 4
OTHER ELECTED OFFICES
SECTION 4-1 SCHOOL COMMITTEE.
(a) Composition-There shall be a school committee of(seven members six of whom shall be nominated Commented[MW 19]:Similar to the Council,this number
and elected by and from the voters at large,and the seventh member shall be the person elected as the could be increased,if the School committee felt it Would
increase its capacity.
council president and school committee member as provided in Section 2-2(b). [other]
(b) Terms of Office-At each biennial election,three school committee members shall be elected at large
and shall serve for a four year term.The terms of school committee members shall begin on the first
business day of January following their election,and shall continue until their successors are qualified.
(c) Eligibility-Any voter shall be eligible to hold the office of school committee member.
(d) Powers and Duties-The school committee shall have all powers which are conferred on school
committees by general laws and such additional powers and duties as may be provided by the charter,
by ordinance,or otherwise.Its powers and duties shall include,but are not intended to be limited to the
following:
1) To appoint a superintendent of the schools and other employees consistent with the General Laws.
The superintendent shall be charged with the day-to-day administration of the school system,
subject to policy directives adopted by the school committee;
2) To fix the salaries of those officers and employees as authorized by the General Laws,subject to
appropriation and collective bargaining agreements,and to establish educational goals and policies
consistent with the requirements of the General Laws and statewide goals and standards,including
policies and procedures pursuant to a collective bargaining agreement;and
3) To make all reasonable rules and regulations for the management of the public school system and
for conducting the business of the school committee as may be deemed necessary or desirable.
The school committee shall furnish all school buildings with proper fixtures,furniture and equipment and
shall provide ordinary maintenance of all school buildings and grounds;provided,however,the town council
may,by ordinance,provide for the establishment of a central municipal maintenance department which may
include maintenance of school buildings and grounds.
4) Salary-The school committee may provide an annual salary for its members within the annual school
department appropriation.No increase in such salary shall be effective,however,unless it shall have
been adopted during the first eighteen months after the biennial election of members,and it provides
that such salary is to take effect with the organization of the town government following the next
biennial election.
5) Expenses-Subject to the school department appropriation,the members of the school committee shall
be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their
duties.
(e) Filling of Vacancies-(1)If a vacancy shall occur on the school committee during the first 24 months of
13
the term for which school committee members are elected,the vacancy shall be filled by special election
held forthwith and no earlier than 64 days from the date the election is called;provided,however,that
town council,by vote of not less than 6 councillors,may instead vote to have the vacancy filled by
appointment by the remaining members of the school committee from among the voters.(2)If a
vacancy shall occur on the school committee during the second 24 months of the term for which the
school committee members are elected,the vacancy shall be filled forthwith by appointment by vote of
the remaining members of the school committee from among the voters;provided,however,that if
approved by not less than six town councilors within 14 days of the date the town council is notified of
the vacancy,a special election to fill the vacancy may instead be held forthwith on a date at least 64
days from the date the election is called.The school committee may provide the town council with a
non-binding recommendation concerning the manner of selection to be used to fill the vacancy.(3)If an
acting school committee member appointed under paragraphs(1)or(2)is not elected to the office at the
next town election,or if the position remains vacant,the person certified by the election commission as
a successful candidate to the office shall forthwith be sworn and shall serve remainder of the vacant
term in addition to the term for which the person is elected.(4)An acting school committee member
appointed under paragraphs(1)or(2)shall not be entitled to have the words"candidate for reelection"
printed against that person's name on the ballot at the next election.
(f) Council President-The council president shall have the same power as any other member to vote on
every matter coming before the school committee.
SECTION 4-2 LIBRARY TRUSTEES.
(a) Composition,Term of Office-There shall be a board of trustees of the public library which shall consist
of six persons elected fLor terms of four years each,so arranged that three such terms shall expire at each i Commented[MW20]:As discussed at an earlier meeting,
biennial town election. the Committee could consider making Library Trustees
appointed to increase the pool of potential interested
residents.
(b) Powers and Duties-The board of trustees of the public library shall have the custody and management [Other]
of the library and reading rooms and of all property of the town devoted to library purposes.All funds
raised or appropriated by the town for the support and maintenance of the library shall be expended
under the direction of the said board.All funds or property which the town may receive by gift or
bequest,or otherwise,for library purposes shall be administered by the said board in accordance with
the terms of such gift,bequest or otherwise.
The board of trustees of the public library shall,subject to appropriation,have the following specific powers
and duties:
To appoint a director of the library and to set the director's salary within the salary range set by the town
manager.
1) The director shall be charged with the day-to-day administration of the library system including
appointment,supervision and removal of all other employees connected with the library system,fixing
their salaries,defining their duties,and making rules concerning their tenure of office,subject to policy
directives adopted by the library trustees and the provisions of any applicable collective bargaining
agreement.
2) To make all reasonable rules and regulations for the operation and management of the library system
14
and for the conduct of their own business and affairs as may be deemed necessary or desirable.
The board of trustees of the public library shall in all matters of general municipal policy and procedures be
subject to policy directives designed to achieve uniformity and better administrative control as may from time
to time be issued by the town manager.Responsibility for the ordinary maintenance of library buildings and
grounds may be transferred to a central municipal maintenance department by ordinance adopted by the town
council. The board of trustees of the public library shall have all of the other powers and duties as may be
provided by general law,by charter,by ordinance or otherwise.
(c) Filling of Vacancies-
(1) If a vacancy shall occur on the board of library trustees during the first 24 months of the term for which
library trustees are elected,the vacancy shall be filled by special election held forthwith and no earlier
than 64 days from the date the election is called;provided however,that the town council,by a vote of
not less than 6 councillors,may instead vote to have the vacancy filled by appointment by the remaining
members of the board of library trustees and the council president from among the voters.
(2) If a vacancy shall occur on the board of library trustees during the second 24 months of the term for
which library trustees are elected,the vacancy shall be filled forthwith by appointment by vote of the
remaining members of the board of library trustees and the council president from among the voters;
provided,however,that if approved by not less than six town councilors within 14 days of the date the
town council is notified of the vacancy,a special election to fill the vacancy may instead be held
forthwith on a date at least 64 days from the date the election is called.
(3) If an acting library trustee appointed under paragraphs(1)or(2)is not elected to the office at the next
town election,or if the position remains vacant,the person certified by the election commission as a
successful candidate to the office shall forthwith be sworn and shall serve the remainder of the vacant
term for which the person was elected.
(4) An acting library trustee appointed under paragraphs(1)or(2)shall not be entitled to have the words
"candidate for reelection"printed against the person's name on the ballot at the next election.
(d) Salary-The board of trustees may request an ordinance to provide an annual salary for its members.No
ordinance increasing such salary shall be effective,however,unless it shall have been adopted during
the first eighteen months after the biennial election of members,and it provides that such salary is to
take effect with the organization of the town government following the next biennial election.
(e) Expenses-Subject to appropriation,the members of the board of trustees shall be entitled to
reimbursement of their actual and necessary expenses incurred in the performance of their duties.
15
(Article 5
FINANCIAL PROCEDURES Commented[MW21]:Other than what it is noted below,
this is a fairly standard article on financial procedures.
(SECTION 5-1 BUDGET HEARING AND GOAL SETTING.
The president of the town council shall call a meeting of the town council prior to the commencement of the
budget process,but not later than October 30,to review the financial condition of the town,revenue and
expenditure forecasts,and other information relevant to the budget process.The president also shall invite the
town's state legislative delegation and representatives of the school committee and library board of trustees to
attend this meeting.Subsequent to this meeting,the town council shall meet to set policy goals with input
from the town manager and the community.Based on these goals,the town manager will develop budgetary
goals and the town budget. Commented[MW22]:This is an important section,and
there are multiple ways it could be improved,including:
SECTION 5-2 SUBMISSION OF BUDGET,MESSAGE. *changing the title to make it more accurately reflect the
The town manager shall,within 14 days after the receipt of departmental budget proposals,but in no event substance(it's not a"budget hearing."It is neither a
"hearing,"nor about the"budget"per se);
later than January 31,prepare and submit to the town council a synopsis of all proposed budget initiatives .emphasizing that the public is invited to attend,not just
and requests for additional funding for its review and prioritization.The synopsis shall include a summary of elected officials;and
-most importantly,putting a much stronger emphasis on
each initiative,its justification and its estimated costs.)Councillors may also propose budget initiatives for the goal-setting aspects here either by putting them first or
review and prioritization.Any such proposal must include a summary,justification and estimate of costs.The by making them into a whole separate section,and by
describing in more detail how they should be used.
town manager shall provide an estimate of projected revenues. [Legislative capacity/balance ofpower and vision]
By the first regularly scheduled town council meeting in April,or a later date if approved by a vote of the
town council,the town manager shall submit to the town council a proposed operating budget for the ensuing
fiscal year,which shall provide a complete financial plan of all town funds and activities for the ensuing
fiscal year,an accompanying budget message,and supporting documents. Commented[MW23]:At least in the text here,there is a
step missing.The proposals and new initiatives all go to
The message of the town manager shall explain the proposed budget for all town agencies,in fiscal terms,in Council for their review,and then in the next step described,
terms of work programs,and as to how the budget incorporates the policy goals established b the council. t the Town Manager presents the budget.The committee may
I> 1'� g � II Y g Y I want to consider adding a step in between to describe what
shall outline the proposed financial policies of the town for the ensuing fiscal year,describe the important the Council does with the new proposals and requests to
features of the budget,indicate an major changes from the current fiscal year in terms of financial policies, transmit them to the Town Manager,before the Manager
g Y J g Y p creates the budge[.It is my understanding something like this
expenditures or revenues,together with the reasons for such changes,show the amount budgeted and actually may be happening in practice,but it would be good to codify
in here as well.
expended for the current fiscal year,summarize the town's debt position,and include such other material as [Legislative capacity/balance of power]
the town manager deems desirable or the town council may reasonably require.
SECTION 5-3 ACTION ON THE BUDGET.
(a) Public Hearing-The town council shall,within 14 days following its receipt of the proposed budget,
publish in one or more local newspapers the general summary of the proposed budget as submitted by
the town manager and a notice stating:(1)the times and places where complete copies of the proposed
budget and supporting documents are available for examination by the public and(2)the date,time and
place,not less than ten days after such publication,when the town council,or a standing committee of
the town council,will hold a public hearing on the proposed budget as submitted by the town manager.
(b) Adoption-The town council shall adopt the budget,with or without amendments,within sixty days
following the day the proposed budget is received by it,or such other period as may be provided by
general law.In amending the budget the town council may delete or decrease any programs or amounts,
except expenditures required by law,or for debt service.If the town council fails to take any action with
respect to any item in the proposed budget within sixty days following the date of its receipt of the
proposed budget,or such other period as may be provided by general law,such amount shall,without
16
any action by the town council,become a part of the appropriations for the ensuing fiscal year and shall
be available for the purposes specified.
The town council may add budget items or increase funding for existing budget items as generally described
in sections 32 and 33 of chapter 44 of the General Laws for items not funded or insufficiently funded in the
town manager's proposed budget.
SECTION 5-4 INDEPENDENT AUDIT.
The Town Council shall provide for an audit to be completed by a certified public accountant,or firm of such
accountants not later than December 31 st following the close of each fiscal year.
(SECTION 5-5 CAPITAL OUTLAY PROGRAM. Commented[MW24]:The Committee might consider
(a) Submission-The town manager shall prepare and submit to the town council a five year capital outlay adding text to the section that ties the capital outlay program
to the Council's goals.
program at least three months prior to the final date for submission of a proposed annual operating [Legislative capacity/balance of power and vision]
budget.
(b) Contents-The capital outlay program in the form submitted shall include:
1) A clear general summary of its contents,
2) A listing of all capital expenditures which are proposed to be made during the five fiscal years next
ensuing,with appropriate financial and other details concerning each such expenditure,
3) Cost estimates,proposed methods of financing,and a time schedule for each such expenditure,
4) The estimated annual cost of operating or maintaining any facilities to be acquired or constructed.
The above information shall be revised and extended,annually.
17
(Article 6
ADMINISTRATIVE ORGANIZATION -Commented[M s This is a fairly standard version of
this article that provides mechanisms for reorganization. J
SECTION 6-1 REORGANIZATION PLANS BY ORDINANCE.
Except as otherwise prohibited by general law or by the charter,the town council may,by ordinance,
reorganize,consolidate,or abolish any existing town agency in whole or in part,establish new town
agencies,and prescribe the functions of any town agency.All town agencies under the direction and
supervision of the town manager shall be headed and administered by officers appointed by the manager.
SECTION 6-2 REORGANIZATION PLANS BY ADMINISTRATIVE CODE.
(a) Submission-The town manager may from time to time prepare and submit to the town council
reorganization plans which may,unless prohibited by general law or the charter,reorganize,consolidate,
or abolish any existing town agency in whole or in part,establish new town agencies,and prescribe the
functions of any town agency.Each such reorganization plan shall be accompanied by an explanatory
message when submitted to the town council.
(b) Council Action-Every such reorganization plan shall,upon receipt by the town council,be referred to
an appropriate standing committee of the town council for study and report.Within thirty days
following its referral to a committee a public hearing shall be held concerning the proposal,either before
the standing committee,or before the full town council.Within fourteen days following the conclusion
of the public hearing the standing committee to which such matter was referred shall file a report stating
either that it approves of the reorganization plan or that it disapproves of it.A reorganization plan shall
become effective on the ninetieth day following the date of its receipt by the town council,unless a later
date is specified in the reorganization plan,or unless the town council has within said period voted to
disapprove of it.A reorganization plan submitted by the town manager under this section may not be
amended by the town council but shall either be approved or disapproved in the form as submitted.
SECTION 6-3 PUBLICATION OF REORGANIZATION PLANS.
An up-to-date record of reorganization plans under section 6-2(b)shall be kept on file in the office of the
town clerk and copies of all such plans shall be published as an appendix to any publication of the ordinances
of the town.
18
(Article 7
Commented[
NOMINATIONS ELECTIONS INITIATIVE AND REFERENDUM nnw26[:This article is mostl tany sdard t
tex
f l relating to elections and what are commonly called"citizen
SECTION 7-1 BOARD OF ELECTION COMMISSIONERS. relief mechanisms"or"citizen participation mechanisms."
(a) Composition-The board of election commissioners shall consist of four persons,of whom two shall
always represent each one of the two leading political parties,as defined in section one of chapter fifty
of the General Laws.
(b) Appointment,Term of Office-The town manager,subject to approval by the town council,shall
appoint the members of the board of election commissioners for terms of four years each,so arranged
that one such term of office shall expire on April first of each year.Every such appointment shall be
made from a list to be submitted by the town committee of the political parry from the members of
which the position is to be filled,containing the names of three enrolled members of such party resident
in the town,selected by a majority vote at a duly called meeting at which a quorum is present,of such
committee;provided,however,if the chair of the town committee has not submitted such a list to the
town manager within forty five days after a notification to the said chair by certified mail,the town
manager shall make such appointment without reference to such a list.Members shall serve until the
qualification of their successor.In case of a vacancy it shall be filled in the same manner as aforesaid,
except it shall be for the balance of the unexpired term.
(c) Organization-The board of election commissioners shall organize annually in the month of April by
choosing a chair and a secretary.In case the members are unable to agree upon a chair and a secretary,
such officers shall be designated by the town manager.The secretary shall keep a full and accurate
record of the proceedings of the board and shall perform such other duties as the board may require.
(d) Powers and Duties-All the powers,rights,privileges,liabilities and duties relating to caucuses,
primaries,preliminary elections and elections by law vested in and imposed upon mayors,managers,
boards of aldermen,selectmen,city or town clerks and board of registrars of voters,except the power
and duty of giving notice of elections and fixing the days and hours of holding the same shall be vested
in and performed by the board of election commissioners.The board may appoint such assistant
commissioners and such assistants as it deems necessary,who shall at all times equally represent the
two leading political parties as defined aforesaid.Said assistant commissioners shall have such powers
and perform such duties as are prescribed by general law for assistant registrars of voters,and shall
perform such other duties as the board may require.Persons appointed to serve temporarily as assistant
commissioners shall not be subject to chapter 31 of the General Laws.The board shall have such other
powers and duties as may be provided to such boards of election commissioners under section sixteen A
of chapter fifty-one of the General Laws,or otherwise.
(e) Compensation-The members of the board of election commissioners shall receive such compensation
for their services as the town manager and town council may from time to time determine.
SECTION 7-2 TOWN ELECTIONS:GENERAL;PRELIMINARY.
The regular general town election shall be held on the first Tuesday following the first Monday in November
in each odd numbered year.
On the seventh Tuesday preceding every regular general town election there shall be a preliminary election
19
for the purpose of nominating candidates.
SECTION 7-3 PARTISAN ELECTIONS.
All elections for town offices shall be non-partisan and election ballots shall be printed without any party
mark,emblem,or other designation whatsoever.
SECTION 7-4 PRELIMINARY ELECTION.
(a) Signature Requirements-The number of signatures of voters required to place the name of a candidate
on the official ballot to be used at a preliminary election shall be as follows:for the office of council
president and member of the school committee,councillor-at-large,school committee member,or
library trustee,not less than one-hundred such signatures,not more than fifty of which shall be from any
one district;for the office of district councillor not less than one hundred such signatures from the
district from which the nomination is sought.
(b) Ballot Position-The order in which names of candidates appear on the ballot for each office shall be
determined by a drawing,by lot,conducted by the board of election commissioners,which shall be open
to the public.
(c) Determination of Candidates-The two persons receiving at a preliminary election the highest number
of votes for nomination for any office shall be the sole candidates for that office whose names shall be
printed on the official ballots to be used at the regular general town election at which such office is to be
voted upon,and no acceptance of a nomination shall be necessary to its validity.If two or more persons
are to be elected to the same office at such regular election,the several persons,in number equal to
twice the number so to be elected,receiving at such preliminary election the highest number of votes for
nomination for that office shall be the sole candidates for that office whose names shall be printed on
the official ballots.If the preliminary election results in a tie vote among candidates for nomination
receiving the lowest number of votes which,but for said tie vote,would entitle a person receiving the
same to have his or her name printed on the official ballots for the election,all candidates participating
in said tie vote shall have their names printed on the official ballots,although in consequence thereof
there be printed on such ballots the names of candidates exceeding twice the number to be elected.
(d) Condition Making Preliminary Unnecessary-If at the expiration of time for filing statements of
candidates to be voted upon at any preliminary election not more than twice as many such statements
have been filed with the election commission for an office as candidates are to be elected to such office,
the candidates whose statements have been filed with the election commission shall be deemed to have
been nominated to such office,and their names shall be voted upon for such office at the succeeding
general election,and the board of election commissioners shall not print their names on the ballots to be
used at said preliminary election and no other nomination to such office shall be made.If in
consequence it shall appear that no names are to be printed upon the official ballots to be used in any
particular district or districts of the town,no preliminary election shall be held in such district or
districts.
SECTION 7-5 BALLOT POSITION,REGULAR TOWN ELECTION.
The order in which names of candidates appear on the ballot for each office shall be determined by a
drawing,by lot,conducted by the board of election commissioners which shall be open to the public.
20
SECTION 7-6 DISTRICTS.
The territory of the town shall be divided into four districts so established as to consist of compact and
contiguous territory,bounded insofar as possible by the center line of known streets or ways or by other well
defined limits.Each such district shall be composed of voting precincts otherwise established in accordance
with general laws.The town council shall from time to time review such districts to insure their uniformity in
number of inhabitants.
SECTION 7-7 APPLICATION OF STATE GENERAL LAWS.
Except as expressly provided in this charter and authorized by law,all town elections shall be governed by
the laws of the commonwealth relating to the right to vote,the registration of voters,the nomination of
candidates,the conduct of preliminary,general and special elections,the submission of charters,charter
amendments and other propositions to the voters,the counting of votes,the recounting of votes,and the
determination of results.
SECTION 7-8 CITIZEN PETITIONS TO COUNCIL OR SCHOOL COMMITTEE.
The town council or the school committee shall hold a public hearing and act with respect to every citizen
petition which is addressed to it,which petition shall not be required to take any particular form,and is
signed by one-hundred-fifty voters,or more,and which seeks the passage of a measure concerning matters
other than action under section 8-11(c).The hearing shall be held by the town council or the school
committee,or,in either case,by a committee or sub committee thereof,and the action by the town council or
the school committee shall be taken not later than three months after the petition is filed with the clerk of the
council or the secretary of the school committee,as may be appropriate.Hearings on two or more petitions
filed under this section may be held at the same time and place.The clerk of the council or the secretary of
the school committee shall mail notice of the hearing to the ten persons whose names appear first on the
petition at least forty-eight hours before the hearing.Notice,by publication,of all such hearings shall be at
public expense.
SECTION 7-9 CITIZEN INITIATIVE MEASURES.
(a) Commencement-Initiative procedures shall be started by the filing of an initiative petition with the
clerk of the council or the secretary of the school committee,as the case may be.The petition shall be
addressed to the town council or to the school committee,shall contain a request for the passage of a
particular measure,which shall be set forth in full in the petition,and shall be signed by at least ten
percent of the total number of voters as of the date of the most recent town election.Signatures to an
initiative petition need not all be on one paper,but all such papers pertaining to any one measure shall
be fastened together and shall be filed as a single instrument,with the endorsement thereon of the name
and residence address of the person designated as filing the same.With each signature on the petition
there shall also appear the street and number of the residence of each signer.
Within ten days following the filing of the petition the board of election commissioners shall ascertain by
what number of voters the petition has been signed,and what percentage that number is of the total number
of voters as of the date of the most recent town election.The board of election commissioners shall attach its'
certificate to the petition to the clerk of the council or the secretary of the school committee according to how
the petition is addressed.A copy of the certificate shall also be mailed to the person designated upon such
petition as having filed the same.
(b) Referral to Town Attorney-If the board of election commissioners determines that a petition has been
21
signed by a sufficient number of voters,the clerk of the council or the secretary of the school
committee,as the case may be,shall forthwith following receipt of such certificate deliver a copy of the
petition to the town attorney.Within fifteen days following the date a copy of the petition is delivered to
the town attorney,the town attorney shall,in writing,advise the town council or the school committee,
as may be appropriate,whether the measure as proposed may lawfully be proposed by the initiative
process and whether,in its present form,it may be lawfully adopted by the town council or by the
school committee.If the opinion of the town attorney is that the measure is not in proper form,the town
attorney shall state the reasons in full in the reply.A copy of the opinion of the town attorney shall also
be mailed to the person designated on the petition as having filed the same.
(c) Action on Petitions-Within thirty days following the date a petition has been returned to the clerk of
the council or to the secretary of the school committee by the town attorney,and after publication in
accordance with the provisions of section 2-8(c),the town council or the school committee shall act with
respect to each initiative petition by passing it without change,by passing a measure which is stated to
be in lieu of an initiative measure,or by rejecting it.The passage of a measure which is in lieu of the
initiative measure shall be deemed to be a rejection of the initiative measure.If,at the expiration of the
said thirty days the town council or the school committee has not voted on such petition,no other
business of said council or committee shall be in order or lawfully acted upon until a vote to approve of
the measure,to disapprove of the measure,or to adopt some other measure in lieu thereof,has been
taken.
(d) Supplementary Petitions-Within forty-five days following the date an initiative petition has been
rejected,a supplemental initiative petition may be filed with the clerk of the council or the secretary of
the school committee.The supplemental initiative petition shall be signed by a number of additional
voters which is equal to five percent of the total number of voters as of the date of the most recent town
election.If the number of signatures to such supplemental petition is found to be sufficient by the board
of election commissioners,the town council shall call a special election to be held on a date fixed by it
not less than thirty nor more than forty-five days following the date of the certificate of the board of
election commissioners that a sufficient number of voters have signed the supplemental initiative
petition,and shall submit the proposed measure,without alteration,to the voters for determination;
provided,however,if any other town election is to be held within one-hundred-twenty days following
the date of the said certificate,the town council may omit the calling of such special election and cause
said question to appear on the election ballot at such approaching election for determination by the
voters.
(e) Publication-The full text of any initiative measure which is submitted to the voters shall be published
in a local newspaper not less than seven nor more than fourteen days preceding the date of the election
at which such question is to be voted upon.Additional copies of the full text shall be available for
distribution to the public in the office of the board of election commissioners.
(f) Form of Question-The ballots used when voting on a measure proposed by the voters under this section
shall contain a question in substantially the following form:
Shall the following measure which was proposed by voters in an initiative petition take effect?
(Here insert the full text of the proposed measure,or a fair,concise summary,as determined and prepared by
22
the town attorney,in consultation with the town clerk.)
YES
NO
(g) Time of Taking Effect-If a majority of the votes cast on the question is in the affirmative,the measure
shall be deemed to be effective forthwith,unless a later date is specified in such measure;provided,
however,that no such measure shall be deemed to be adopted if fewer than twenty percent of the total
number of voters of the town,as of the date of the most recent town election,participate at such
election.
SECTION 7-10 CITIZEN REFERENDUM PROCEDURES.
(a) Petition,Effect on Final Vote-If,within twenty days following the date on which the town council or
the school committee has voted finally to approve of any measure,a petition signed by a number of
voters equal to fifteen percent of the total number of voters as of the date of the most recent town
election and addressed to the town council or to the school committee,as the case may be,against the
measure or any part thereof is filed with the secretary of the school committee or clerk of the council,
the effective date of such measure shall be temporarily suspended.The school committee or the town
council shall forthwith reconsider its vote on such measure or part thereof,and,if such measure is not
rescinded the town council shall provide for the submission of the question for a determination by the
voters either at a special election which it may call at its convenience,or within such time as may be
requested by the school committee,or at the next regular town election,but pending such submission
and determination the effect of such measure shall continue to be suspended.
(b) Certain Initiative Provisions to Apply-The petition described in this section shall be termed a
referendum petition and insofar as applicable,Section 7-9(a),(b)and(e)shall apply to such referendum
petitions,except that the words"measure or part thereof protested against"shall be deemed to replace
the word"measure"in said sections wherever it may occur and the word"referendum"shall be deemed
to replace the word"initiative"wherever it may occur in said sections.
Form of Question-The question that shall appear on the ballot shall take the following form:
Shall the following measure enacted by the Town Council take effect?
(Here insert the full text of the proposed measure,or a fair,concise summary of the measure,as determined
and prepared by the town attorney in consultation with the town clerk)
YES
NO
SECTION 7-11 INELIGIBLE MEASURES.
None of the following shall be subject to the initiative or the referendum procedures:(1)proceedings relating
to the internal organization or operation of the town council or of the school committee,(2)an emergency
measure adopted in conformity with the charter,(3)the town budget or the school committee budget as a
whole,(4)revenue loan orders,(5)any appropriation for the payment of the town's debt or debt service,(6)
an appropriation of funds to implement a collective bargaining agreement,(7)proceedings relating to the
election,appointment,removal,discharge,employment,promotion,transfer,demotion,or other personnel
action,(8)any proceedings repealing or rescinding a measure or part thereof which is protested by
referendum procedures,and(9)any proceedings providing for the submission or referral of any measure to
the voters at an election.
23
SECTION 7-12 SUBMISSION OF OTHER MATTERS TO VOTERS.
The town council may of its own motion,and shall,at the request of the school committee,if a measure
originates with that body and pertains to affairs under its jurisdiction,submit to the voters at any regular town
election for adoption or rejection any measure in the same manner and with the same force and effect as are
hereby provided for submission by petitions of voters.
SECTION 7-13 CONFLICTING PROVISIONS.
If two or more measures passed at the same election contain conflicting provisions,only the one receiving
the greatest number of affirmative votes shall take effect.
I[New section] Commented[MW27]:The Committee could consider
adding recall to the citizen relief mechanisms here,although
it is more common and important for four-year terms than
two-year terms.
[Accountability]
esk
3
24
(Article 8
GENERAL PROVISIONS Commented of
a:This is typically a catch-all chapter
for provisions of wide applicability across the government.
SECTION 8-1 CHARTER CHANGES.
(a) In General-This charter may be replaced,revised or amended in accordance with any procedure made
available under the state constitution,or by statutes enacted in accordance with the state constitution.
(b) Periodic Review-The town council shall provide,in every year ending in a zero for a complete review_ Commented[MW29]:There was some mention during
of the charter by the entire council and six additional voters to be ap ointedby the councipresident. one of the discussions of increasing the tempo of the review.
The project team does not recommend that.However,if the
The said committee shall file a report within the said year recommending any changes in the charter Committee thought that it would be useful to revisit the
which it may deem to be necessary or desirable,unless an extension is authorized by vote of the town \ changes enacted as a result this recom review sooner
than]0 years,the Committeee couldd recommend changing
council. "zero"to something sooner.That would leave the review
\ generally at 10 years but bring forward a next review a bit.
SECTION 8-2 SEVERABILITY. Again,this really only makes sense if there are changes
recommended that might benefit from a sooner review.
The provisions of this charter are severable.If any provision of this charter is held invalid,the other [Other]
provisions shall not be affected thereby.If the application of this charter,or any of its provisions,to any Commented[MW30]:This is unusual and potentially
person or circumstance is held invalid,the application of this charter and its provisions to other persons and counter-productive.The Committee should consider altering
the make-up of the next Charter Review Committee.
circumstances shall not be affected thereby. [Other]
SECTION 8-3 SPECIFIC PROVISION TO PREVAIL.
To the extent that any specific provision of this charter may conflict with any other provision expressed in
general terms,the specific provision shall prevail.
SECTION 8-4 RULES AND REGULATIONS.
A copy of all rules and regulations adopted by town agencies shall be placed on file in the office of the town
clerk and posted on the town website and shall be available for review by any person who requests such
information at any reasonable time.No rule or regulation adopted by any town agency shall become effective
until five days following the date it is so filed.
SECTION 8-5 CODIFICATION OF ORDINANCES.
The town council shall provide,in each year ending in two,for a complete review and recodification of all
ordinances of the town for the purpose of determining if any amendments or revisions may be necessary or
desirable and to ensure internal consistency.Such review shall be conducted under the supervision of the
town attorney,or,if the town council so directs,by special counsel appointed for that purpose.A report,with
recommendations,shall be submitted within the said year.
The town clerk shall annually review all ordinances adopted since the close of the previous fiscal year,insert
them in their proper place in the code of ordinances,and publish them on the town's website.
SECTION 8-6 UNIFORM PROCEDURES APPLICABLE TO MULTIPLE MEMBER BODIES.
(a) Meetings-All multiple-member bodies of the town shall meet regularly at such times and places as they
may,by their own rules,prescribe,unless some other provision is made by ordinance or by law.Special
meetings of any multiple-member body shall be held on the call of the chair or by one third of the
members thereof,by written which contains a list of the item or items to be acted upon.Except in case
of an emergency such notice shall be posted on the town bulletin board at least forty-eight hours,
excluding Saturdays,Sundays and legal holidays in advance of the time set for such meeting and
delivered to members of such multi-member body,forthwith,after such posting.
25
(b) Rules and Journals-Each multiple-member body shall determine its own rules and order of business
unless another provision is made by ordinance or by law,and shall provide for the keeping of a journal
of its proceedings.These rules and journals shall be a public record,and certified copies shall be kept on
file in the office of the town clerk,in the Watertown Free Public Library and posted on the town's
website.
(c) Voting-If requested by any member,any vote of any multiple-member body shall be taken by a call of
the roll and the vote of each member shall be recorded in the journal;provided,however,that if the vote
is unanimous only that fact need be recorded.
(d) Quorum-A majority of the members of a multiple-member body shall constitute a quorum,but a
smaller number may meet and adjourn from time to time.
(e) Conflict of Interest-Unless such service may otherwise be authorized by law,no member of an elected
multiple-member body shall,while holding such office,hold any other town office or employment for
which a salary or other emolument is payable from the town treasury.No member of an elected
multiple-member body shall hold any compensated appointed town office or employment until six
months following the date on which the person's elected service to the town is terminated.This
provision shall not prevent a town officer or town employee who has taken a leave of absence from such
office or employment from resuming the same office or employment following service as an elected
member of a multiple member board.
Provided,however,that an elected member of the town council shall not be prohibited by the preceding
paragraph from holding a position under the authority of the school committee;and further that if the council
president shall hold such an office or position the town council shall,by vote,designate the vice president or
some other member of the town council not so ineligible to serve as school committee member in the council
president's place,and such councillor shall have all the powers and duties of the council president serving as
a school committee member as set forth in section 4-1 of this charter.
SECTION 8-7 NUMBER.
Words importing the singular number may extend and be applied to several persons or things;words
importing the plural number may include the singular.
SECTION 8-8 REFERENCES TO GENERAL LAWS.
All references to General Laws contained in the charter refer to the General Laws of the Commonwealth of
Massachusetts and are intended to refer to and to include any amendments or revisions to such chapters or
sections,or to the corresponding chapters and sections of any rearrangement,recodification,or revision of
such statutes enacted or adopted subsequent to the adoption of this charter.
SECTION 8-9 CERTIFICATE OF ELECTION OR APPOINTMENT.
Every person who is elected,including those elected by the town council,or appointed to an office of the
town shall receive a certificate of such election or appointment from the town clerk.
Except as otherwise provided by law,before performing any act under an appointment or election,all such
persons shall take and subscribe to an oath of office and be sworn to the faithful performance of their duties.
SECTION 8-10 NOTICE OF VACANCIES.
Whenever a vacancy shall occur in any town office or in the employment of the town,or,when by reason of
26
a retirement,or resignation,or the expiration of a fixed term,or otherwise,a vacancy can be anticipated,the
town manager or other appointing authority shall forthwith cause public notice of such vacancy or impending
vacancy to be publicly posted on the town bulletin board for not less than ten days.Each such notice shall
contain a brief description of the duties of the office or position and shall indicate a list of necessary or
desirable qualifications for the office or position.Any person who desires to be considered for an
appointment to fill such vacancy may,within ten days following the date the notice is posted,or such longer
period as may be indicated in such announcement,file with the appointing authority a statement setting forth
with reasonable clarity and specificity,the qualifications of such person for such appointment.No permanent
appointment to fill any position shall be effective until at least fourteen days have elapsed following such
posting to permit the reasonable consideration of all such applicants.This section shall not apply to positions
covered under the civil service law and rules or if in conflict with the provisions of a collective bargaining
agreement.
SECTION 8-11 PENALTIES FOR ELECTED OFFICIALS CONVICTED OF A FELONY.
(a) Definition-For the purposes of this section of the charter,"conviction"means a finding of guilt
resulting from a plea of guilty,the decision of a court or magistrate or the verdict of a jury,irrespective
of the pronouncement of judgment or sentence or the suspension thereof.
(b) Criminal Actions Involving Discharge of Official Duties-Notwithstanding any general or special law
or charter provision to the contrary,any person convicted of any criminal offense involving a violation
of the person's official duties in any elective office at the time of conviction shall be deemed to have
vacated said office at the time of conviction.
(c) Felony Conviction-Notwithstanding any general or special law or charter provision to the contrary,any
person convicted of a felony in any jurisdiction of the United States,while holding elective office in the
town of Watertown,who still holds such elective office at the time of conviction,may be subject to
censure,permanent removal from any committee chairs held by virtue of the office,or expulsion by a
two-thirds vote of the remaining members of the body of which the elected official is a member,and
said body shall have authority to exclude said officer and to declare the office vacant.
(d) Reversal of Conviction or Pardon-If the conviction is reversed or vacated and the term of such person
has not yet expired,the elected official shall be restored to office with all its rights.If pardoned,the
official shall not by reason thereof be restored,unless it is so expressly ordered by the terns of the
pardon or by majority vote of the members of the body.If an elected official is restored to office in
accordance with this section after a conviction is reversed or vacated,any person previously chosen to
fill the vacancy created as a result of such prior conviction shall be deemed to have vacated the office at
the time the conviction is reversed or vacated.
([Potential new section Commented[M W 31]:Another potential way to address
the vision challenges would be the for there to be
development of and periodic revisiting of a Town vision by a
committee created for that purpose.
[Vision]
27
(Article 9
TRANSITIONAL PROVISIONS Commented[MW32]:This Article was critical for the
initial implementation of the charter but is now not relevant. l
SECTION 9-1 CONTINUATION OF EXISTING LAWS,ETC.
All general laws,special laws,town ordinances,and rules and regulations of or pertaining to the town that
are in force when any amendments to this charter takes effect,and not specifically or by implication repealed
hereby,shall continue in full force and effect until amended or repealed,or rescinded by due course of law,
or until they expire by their own limitation.
SECTION 9-2 CONTINUATION OF GOVERNMENT AND ADMINISTRATION.
Except as otherwise provided in this charter,following a charter amendment all town agencies shall continue
to perform their duties until reselected,or until successors to their respective positions are duly appointed or
elected and qualified,or until their duties have been transferred and assumed by another agency as so
provided.
SECTION 9-3 TRANSFER OF RECORDS AND PROPERTY.
All records,property and equipment whatsoever of any town agency,or part thereof,the powers and duties
of which are assigned in whole or in part to another town agency pursuant to a charter amendment,shall be
transferred forthwith to such agency.
SECTION 9-4 CONTINUATION OF PERSONNEL.
Following a charter amendment affecting a particular town office,position or employment,any person
holding such town office or position in the administrative service of the town,or any person holding full time
employment under the town,shall subject to appropriation and the continued existence of such office,
position or employment,retain the same and continue to perform the duties thereof until provision shall have
been made for the performance of those duties by another person or agency unless sooner removed in
accordance with this charter,applicable collective bargaining agreement,employment contract or ordinance;
provided,however,no person in the permanent full time service of the town shall forfeit the employee's pay
grade,or time in service of the town.Subject to appropriation and in accord with the provisions of any
applicable collective bargaining agreement,all such persons shall be retained in a capacity as similar to the
capacity in which they were serving at the time this charter is amended as is practicable,and any reduction in
the personnel needs of the town shall be accomplished through a policy of attrition,unless specific provision
is otherwise made.
SECTION 9-5 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 adoption of this charter,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 or any amendment thereto;and no legal act done by or in favor of the town
shall be rendered invalid by reason of the adoption or amendment of this charter.
SECTION 9-6 TEMPORARY ADMINISTRATIVE CODE.
(a) Until such time as another provision is made in accordance with the provisions of the charter,for a
different organization of the administration of the government of the town,the following temporary
provisions shall be in effect.
(i) The town manager shall appoint the following town officers who shall serve at his or her pleasure:a
28
town clerk,a town treasurer-collector,a personnel assistant,a superintendent of public works and an
administrative assistant and other department heads or deputy town managers as may be authorized by
the town council.
(ii) The town manager shall appoint the following officers,subject to the civil service law and rules:a fire
chief,a police chief and a purchasing agent.
(iii) The town manager shall appoint the following town officers for a term of years:constables,members of
a council on aging and the staff of such council,an animal inspector and a veterans'services director.
Provided,however,that to the extent that any of these offices set forth in this section are no longer required,
this section shall not be interpreted to require the town manager to make appointments thereto.
(iv) The town manager shall appoint the following town officers,subject to the approval of the town council;
and in accordance with the provisions of applicable laws,provided,however,if the town council shall
fail to take any action on a proposed appointment by the town manager within thirty days following the
date notice of such appointment is filed by the town manager with the town council,such appointment
shall be deemed to have been confirmed:a town attorney,a licensing board,a board of assessors,a
board of appeals,a planning board,a housing authority,a conservation commission,a board of health,
and an election commission and other committees that may from time to time be authorized by the town
council by ordinance.
With respect to the offices and multiple-member bodies identified in subsections 9-6(a)(iii)and 9-6(a)(iv),the
town council may,by ordinance,set the term of office,and determine the size of any such multiple-member
board;provided,however,that adoption of an ordinance hereunder shall not affect the term of any incumbent
holding office at the time of the effective date of the ordinance.
29