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Home My WebLink About2014-10-28 Board of Selectmen Handout - Part 2Town of Reading Massachusetts Home Rule Charter Town of Reading Home Rule Charter Table of Contents Table of Contents ARTICLE 1 EXISTENCE AND AUTHORITY 1 -1 Incorporation ........................................... ............................... 1 -2 Short Title ................................................ ............................... 1 -3 Division of Powers ................................... ............................... 1 -4 Powers of the Town - Intent of the Voters .............................. 1 -5 Interpretation of Powers .......................... ............................... 1 -6 Intergovernmental Relations ................... ............................... ARTICLE 2 REPRESENTATIVE TOWN MEETING 2 -1 Composition ........................................................................................................ ............................... 2 -2 Realignment of Precincts .................................................................................... ............................... 2 -3 Town Meeting Membership ................................................................................. ............................... 2 -4 Town Meeting Sessions ...................................................................................... ............................... 2 -5 Nomination Procedures ....................................................................................... ............................... 2 -6 Vacancies ............................................................................................................ ............................... 2 -7 Precinct Meetings ................................................................................................ ............................... 2-72 -8 Compensation ..................................................................................................... ............................... 2-82 -9 Presiding Officers ................................................................................................ ............................... 2 -92 -10 Clerk of the - Meeting .................................................................................. ............................... 24G2 -11 General Powers and Duties ............................................................................... ............................... 2-142-12 Participation by Non -Town Meeting Members .................................................. ............................... 2422- 13Establishment of Standing Committees ............................................................ ............................... 2432- 14Warrant Articles ................................................................................................. ............................... 2- 442- 15Meetings ............................................................................................................ ............................... 2- 452- 16Referendum Procedures ................................................................................... ............................... ARTICLE 3 ELECTED OFFICERS AND BOARDS or COMMITTEES 3 -1 General Provisions .............................................................................................. ............................... 3 -2 Board of Selectmen ............................................................................................. ............................... 3 -3 School Committee ............................................................................................... ............................... 3 -4 Board of Library Trustees .................................................................................... ............................... 3 -5 Municipal Light Board of Commissioners ............................................................ ............................... 3-73 -6 Moderator ARTICLE 4 APPOINTED BOARDS or AND COMMITTEES 4 -1 Community Planning and Development Commission ......................................... ............................... 4 -2 Board of Assessors ............................................................................................. ............................... 4-24 -3 Board of Health ................................................................................................... ............................... 4-34 -4 Housing Authority ................................................................................................ ............................... 4-44 -5 Zoning Board of Appeals ..................................................................................... ............................... 454 -6 Board of Cemetery Trustees ............................................................................... ............................... 4-64 -7 Council on Aging ................................................................................................. ............................... 474 -8 Board c- Commissioners of Trust Funds ............................................................ ............................... 4-84 -9 Conservation Commission .................................................................................. ............................... 4 -94 -10 Recreation Committee .....................................................................:.................. ............................... 4 -11 Town Forest Committee ...................................................................................... ............................... 4 -12 Historical Commission ......................................................................................... ............................... 4 -13 Charter Review Committee ................................................................................. ............................... 4 -24 -14 Other Boards or Committees .............................................................................. ............................... 4 -15 Associate Membership ........................................................................................ ............................... ARTICLE 5 TOWN MANAGER 5 -1 Appointment, Qualifications, Term ........................................................... ............................... 2 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Table of Contents 5 -2 Powers and Duties ..... 5 -3 Ombudsman ............... 5 -4 Acting Town Manager 5 -5 Removal Procedures.. ARTICLE 6 ADMINISTRATIVE ORGANIZATION 6 -1 Organization Greatiea of DepaFtments, Town Agencies and Q#aGes ................. ............................... ............................................................................... ............................... 6-46-2 Town Counsel ..................................................................................................... ............................... 6--56-3 Town Accountant ................................................................................................ ............................... 6--66-4 Town Treasurer — Oeflester ................................................................................. ............................... 6 -5 Town Collector .................................................................................................... ............................... 6 -6 Town Clerk .......................................................................................................... ............................... ARTICLE 7 FINANCES AND FISCAL PROCEDURES 7 -1 Fiscal Year .......................................................................................................... ............................... 7 -2 Submission of Proposed Budget ......................................................................... ............................... 7 -3 School Committee Budget .................................................................................. ............................... 7 -4 Budget Message ................................................................................................. ............................... 7 -5 The Proposed Budget ......................................................................................... ............................... 7 -6 Action on the Budget ........................................................................................... ............................... 7 -7 Capital Improvements Program .......................................................................... ............................... 7-97 -8 Approval of Financial Warrants ARTICLE 8 GENERAL PROVISIONS 8 -1 Charter Changes ................................................................................................. ............................... 8 -2 Severability .......................................................................................................... ............................... 8 -3 Specific Provisions Prevail .................................................................................. ............................... 8 -4 References to Massachusetts General Laws ..................................................... ............................... 8 -5 Computation of Time ........................................................................................... ............................... 8 -6 Number and Gender ........................................................................................... ............................... 8 -7 Definitions ........................................................................................................... ............................... 8 -8 Rules and Regulations ........................................................................................ ............................... 8 -9 RAeRaGtment and PGblisatien of Bylaws 94 -98 -9 Procedures of Boards or Committees ......................... ............................... 9448- 10Elections ............................................................................................................ ............................... 9-1 -28 -11 Vacancies on Boards or Committees, Commeftes, and Commi6s 9468- 12Recall Procedures ............................................................................................. ............................... 9- 448- 13Removal of Appointees ..................................................................................... ............................... 9- 1- 58- 14Resignation of Town Officers ............................................................................ ............................... 9- 1- 68- 15Town Seal .......................................................................................................... ............................... APPENDIX Not a part of the Home Rule Charter document. For information purposes only. Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Preamble Preamble We, the people of Reading, in order to re- establish our individual sovereignty with respect to the conduct of our local government and to take the fullest advantages inherent in the Home Rule Amendment to the Constitution of the Commonwealth of Massachusetts, do hereby adopt the following Home Rule Charter for the Town of Reading. Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Article 1 - Existence and Authority ARTICLE 1 EXISTENCE AND AUTHORITY 1 -1 Incorporation The inhabitants of the Town of Reading, within the territorial limits established by law, shall continue to be a body corporate and politic under the name "Town of Reading." 1 -2 Short Title This instrument shall be known and may be cited as the Reading Home Rule Charter. 1 -3 Division of Powers The administration of all the fiscal, prudential and municipal affairs of the Town shall be vested in an executive branch headed by a Board of Selectmen and a Town Manager. A representative Town Meeting All legislative pewers of the TGWR shall be exercised by a FepFesentative Tewn Meeting all legislative powers of the Town. 1 -4 Powers of the Town - Intent of the Voters It is the intent and the purpose of the voters of the Town of Reading, through the adoption of the+s Charter, to secure for the Town all of the powers possible to secure under the Constitution and statutes of the Commonwealth of Massachusetts, as fully and as completely as though each such power were specifically and individually enumerated herein. 1 -5 Interpretation of Powers The powers of the Town under the Charter shall be construed and interpreted liberally in favor of the Town, and the specific mention of any particular power is not intended to limit in any way the general powers of the Town as stated in Section 1 -4. 1 -6 Intergovernmental Relations The Town may enter into agreements with any other unit of government to perform jointly or in cooperation, by contract or otherwise, any of its powers or functions. Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting ARTICLE 2 REPRESENTATIVE TOWN MEETING 2 -1 Composition The legislative body of the Town shall be a representative Town Meeting consisting of one hundred ninety -two (192) members from eight (8) precincts who shall be elected by the voters in each precinct in accordance with all applicable elections laws deliberate, ast and vete in the exew,6of the Each precinct shall be equally represented in Town Meetings by members se elected s:� that the term of office of one -third of the members shall expire each year. 2 -2 Realignment of Precincts When required by law or every ten (10) years, the Board of Selectmen shall review and, if necessary, re- divide the territory of the Town into eight (8) plainly designated precincts. The precincts shall be divided into as nearly an equal number of inhabitants as possible. The territory of each precinct shall be continuous and as compact as possible. The territory of each precinct shall be defined as near as possible by the centerline ^°one of known streets or other well- defined limits. Within ten (10) days of any precinct revision, the Board of Selectmen shall file a report on the revisions with the Town Clerk, the Board of Registrars of Voters and the Board of Assessors. The report shall include a maps) showing the boundaries of each precinct and a list of the its inhabitants' names and addresses. The Board of Selectmen shall also post the map and list in the Town Hall and in at least one public place in each precinct. Toe Each precinct revision shall be effective on the date it is filed with the Town Clerk. and -t he Town Clerk shall forthwith notify the Secretary of State of the revision in writing. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -3 Town Meeting Membership Revisions to this section are suggested and shown below. However any such changes are beyond the scope of authority of the Charter Committee. Instead these changes will be brought forward to Town Meeting in January 2015 as a separate Article seeking a Special Act of the Legislature. At the first Town wide election after any precincts are revised, the registered voters of each precinct shall elect twenty -four (24) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight (8) candidates receiving the highest number of votes shall serve for three (3) years, the eight (8) receiving the next highest number of votes shall serve for two (2) years, and the PeA eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. After such election, the term of office of all previously elected Town Meeting members shall cease upon the certification of the election by the Town Clerk. At each Annual Election thereafter, the voters in each precinct shall elect eight (8) Town Meeting Members to represent the precinct, and shall also elect Town Meeting Members to fill any vacant unexpired terms. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election in writing. In the event of a tie, the order of finish of all such candidates shall be determined by a vote of the remaining Town Meeting Members of the precinct. . Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting In the event of such a tie among candidates, the Town Clerk shall give written notice of the tie vote to the remaining Town Meeting Members of the precinct and shall publish such notice in the local news medium. Such notice shall provide at least seven (7) day's advance notification of the time and place for a precinct meeting for the purpose of filling the vacancy. After the revision of precincts, the term of office of all previously elected Town Meeting Members from the revised precincts shall cease upon the certification of the election by the Town Clerk. of the' MeetiRg Member Of hi6 e!eGt*OR by Mail. [Special Legislation adopted as Chapter 57 of the Acts of 2002 on March 14, 2002] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 2 -4 Town Meeting Sessions All representative Town Meeting sessions shall be limited to the Town Meeting Members elected cursuant to der Section 2 -3, together with the duly elected Moderator. The Town Clerk shall notify the Town Meeting Members of the time and place at which representative Town Meeting sessions are to be held, the notices to be sent by Mao! at least seven (7) days before the meeting. The Town Meeting Members shall be the judges of the election and qualification of their members. A majority of the Town Meeting Members shall constitute a quorum for doing business. However, a smaller number may organize temporarily and may adjourn from time to time, but no Town Meeting shall adjourn over the date of an election of Town Meeting Members. All Town Meeting sessions shall be public. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2 -5 Nomination Procedures [Amended N, Revisions to this section are suggested and shown below. However any such changes are beyond the scope of authority of the Charter Committee. Instead these changes will be brought forward to Town Meeting in January 2015 as a separate Article seeking a Special Act of the Legislature. Nomination of candidates for Town Meeting Member to be e1eGted undeF the (`haFteF shall a;* be made by nomination papers bearing no political designation and signed by not less fewer than ten (10) feglstered voters from the candidate's precinct. Nomination papers shall be obtained in person and signed by the candidate in the presence of the Town Clerk or designee. Completed nomination papers must shall be filed with the Town Clerk at least thirty five days (35) twenty eight (24) days before the election and mu6t be GigRed by the Gandidate te be valid. rvember 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting 2 -6 Vacancies A Town Meeting Member may resign by filing a written notice with the Town Clerk efferm ^^ the date filed A Town Meeting Member who meve6 fFGM terminates residency in the Town shall cease to be a Town Meeting Member. A Town Meeting Member, who moves his residence from the precinct from which he was elected to another precinct, naay shall serve only until the next Annual Town Election. If any person elected as a Town Meeting Member fails to take his eath Of GffiGe WithiR thipty (30) days fails to attend one -half or more of the total Town Meeting sessions within one year preceding the most recent Annual Town Election, his seat may be declared vacant by a majority vote of ;he Town Meeting. The Board of Selectmen shall place an Article is on the Annual Town Meeting Warrant to remove any such person Town Meeting Member from office. At least seven (7) days prior to the Annual Town Meeting, Tthe Town Clerk mast shall notify any such persee Town Meeting Member and that he may be removed from office, provided, however, that such notice shall be deemed adequate if Afetise— sfialf de mailed postage prepaid to leis the Town Meeting Member's last known address. [Amended by Chapter 57 of the Acts of 2002] Any vacancy of a Town Meeting position may be filled until the next Annual Town Election by a vote of the remaining Town Meeting Members of the precinct provided, however, that tThe balance of any unexpired term shall be filled at the next Annual Town Election. In the event of a vacancy, tThe Town Clerk shall give written notice thereof aay vasaRsy to the remaining Town Meeting Members of the precinct and shall publish such notice in a local news medium. Such notice shall provide at least seven (7) day's in advance notification of the time and place for a precinct meeting for the purpose of temporarily filling the vacancy RGt"Ge of the meetiR9 to preGinGt T-GWR Meeting Members and 6hall publish legal RGtiGe on a 2 -7 Precinct Meetings Each precinct shall meet at least annually and shall elect a Chair and a Clerk. At any precinct meeting, a majority of the Town Meeting Members of the precinct shall constitute a quorum. A majority of votes cast at precinct meetings shall be sufficient to fill vacancies, elect a ChairMan or and a- Clerk, or conduct aRy 9FdeF e other business. The ChairmaR and Pre or Clerk shall certify any vote taken at a elestien of the precinct meeting Tn;.y , Meeting McFnb to the Town Clerk. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 7 Compensation Town Meeting Members shall serve without compensation. Presiding Officer A Moderator, chosen in accordance with the provisions of A- F*i�3 Section 3 7, shall preside at all sessions of the Town Meeting. The Moderator shall regulate the proceedings of all Town Meeting sessions, decide all questions of order and make public declaration of all votes. He may also administer the oath of office to any Town Officer and to Town Meeting m embers—.44e and shall Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting perform other functions as provided by ' e Charter, the laws of the Commonwealth of Massachusetts. - Bylaws, - Town Meeting vote or applicable laws State law. In the absence of the Moderator, Town Meeting shall elect a temporary Moderator Dro tempore. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 24 -Clerk of the Meeting The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his unavoidable absence, the Town Clerk shau may designate a substitute; otherwise, the Moderator shall appoint a Clerk oro tempore. The Clerk shall give notice of all Town Mnaeetings to t[;e Town Meeting Members and to the public, keep the journal of its Town Meeting proceedings, and perform such other functions as may be provided by the Charter, the laws of the Commonwealth of Massachusetts. by Statute, by Town Bylaws, any Town Meeting vote or other applicable laws. 2492- 11General Powers and Duties All legislative powers of the Town shall be vested in the repr=esentative Town Meeting except as otherwise provided by law or the Charter or statute. The Town Meeting shall meet, deliberate, act and vote in pceu+de fef the exercise of all corporate powers of the Town, and shall provide for the performance of all duties and obligations of the Town. 2442-12 Participation by Non -Town Meeting Members Subject to conditions that may be determined from time to time by Town Meeting Members, any person who is not a Town Meeting Member may be allowed to speak at any Feprese;tati e Town Meeting but shall not vote. At the request of the Moderator or Town Meeting, any Town Officer or Department Head or his designee shall be present at any session of Town Meeting for the purpose of responding to questions of Town Meeting Members. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 24-22- 13Establishment of StaPAUnr -- Boards or Committees(This section is still under deliberation by the Charter Committee) The Town Meeting may frGrn time to , by Bylaw, establish standing - boards or committees to which shall be referred Warrant Articles for study, review and report in advance of the sessions of the Town Meeting. Standing Such boards or committees shall be subject to Open Meeting Law. In establishing standing boards or committees, the Town Meeting shall alse provide for the Hof appointment of members either. The rnethGd of appointment 6hall be by an existing m ltiple mernher body GF shall be by a multiple membe appointment committee established for that purpose or by an existing board or committee [Amended November 19, 2001 - Article 12] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Finance Committee There shall be a Finance Committee consisting of nine (9) voters of the Town, appointed for three year staggered terms so arranged that three (3) terms expire on June 30 each year. No member of +tie Finance Committee Member shall serve for more than three (3) consecutive terms; provided, however, that an appointment to the Finance Committee to fill an unexpired term that has less than two (2) years remaining shall not be counted towards the three (3) consecutive terms. No Finance Committee Member shall be an elected or appointed Town Officer or an employee of the Town. A member of the Finance Committee Member may be an elected Town Meeting Member but shall serve on no other standing committee. Finance Committee members shall be appointed by an Appointment Committee chaired by the Moderator, consisting of the Moderator who shall have one (1) vote, the Chairman of the Board of Selectmen who shall have one (1) vote, and the Chairman of the Finance Committee who shall have one vote. The teFM6 of Fin a rye mittee Member6 6hall expilce R the f' t d f july. No F Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting r,,.,,mottee nUrnhoQr ch.,n f than th (3) GGRseGutive teFms. Any vacancy on the Finance Coommittee shall be filled by the Appointment Committee. The Finance Committee shall have all the powers and duties granted to Finance Committees under the laws of the Commonwealth of Massachusetts, Town ylaws, Town Meeting vote and other applicable laws. In addition to these powers, the Finance Committee shall have the power to investigate the books, accounts, records and management of any office, board or committee in Town, and may use agents in carrying out such investigations. The Finance Committee shall report its findings, approval or disapproval on all Articles that involve the expenditure of funds in the Warrant in writing Town Meeting. Such a report shall not preclude further action or reconsideration by the Finance Committee. The Finance Committee shall take reasonable action to provide its findings to Town Meeting in writing at least seven (7) days before Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Bylaw Committees -flaws There shall be a Bylaw Committee consisting of five (5) voters of the Town, appointed for three (3) year staggered terms expiring on June 30. Bylaw Committee members shall be appointed by an Appointment Committee chaired by the Moderator, consisting of the Moderator who shall have one (1) vote, the Chairman of the Board of Selectmen who shall have one (1) vote, and the Chairman of the Bylaw Committee who shall have one (1) vote. The Appointment Committee shall fill aAny vacancy on the Bylaw Csommittee 6hall be filled by the AppointmeRt Gemmitt . The Bylaw Committee may propose and shall consider Town Meeting warrant articles offering changes in the Bylaws or Charter, petitions for special acts, or local acceptance of State Statutes that are subject to Town Meeting acceptance; and shall report its findings on all such Articles in writing to Town Meeting. Such a report shall not preclude further action or reconsideration by the Bylaw Committee. The Bylaw Committee shall take reasonable action to provide its findings to Town Meeting in writing at least seven (7) days before Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Rules Committee There shall be a Rules Committee, chaired by the TewRModerator who shall be a non - voting member, - consisting of the Precinct Chairsa;eR,. The Rules Committee may, Whir# from time to time shall review all aspects of the operation of Town Meeting, and make art a Anaaal Report in writing to Town Meeting setting forth its findings, recommendations, and proposals for rules governing the conduct of Town Meeting. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 2432- 14Warrant Articles Except for procedural matters, all subjects to be acted upon by the Town Meeting shall be placed on a Warrants therefor issued by the Board of Selectmen. The Board of Selectmen shall place on such Warrants all subjects submitted requested by: a) any two (2) or more members of the Board of Selectmen; b) any elected or appointed Town board or committee c) any ten (10) or more voters for the Annual or Subsequent Town Meeting as defined in Section 2 -15 2-44; d) any one hundred (100) or more voters for a Special Town Meeting; aa4 or e) any other person or ageasy entity as may be authorized by ylaw or otherwise. 10 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting All subjects timely submitted to the Board of Selectmen under this section shall be placed on a Warrant for the next scheduled Annual, Subsequent or Special Town Meetings er 6pesial. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Promptly fellewiRg upon receipt by the Board of Selectmen of any sash subject for a Town Meeting Warrant Article, a copy of the Article shall be available for inspection posted on the TO-4.A.m BuillefiR Beard and otherwise distributed as may be provided required by Bylaw. Additional copies shall be kept made available for d+stributieR by inspection in the Office of the Town Clerk. 2- 442- 15Meetings The Town Meeting shall meet at least twice in each calendar year. The Annual Town Meeting shall be held during the first six calendar months at a time fixed by Bylaw, and shall be primarily concerned with the determination of matters that have a fiscal effect impact on the Town including, but net lim+ted -te the adoption of an annual operating budget for all Town aAgencies (excluding the Reading Municipal Light Department). A Subsequent Town Meeting shall be held during the last three calendar months at a time fixed by Bylaw. In addition to the two meetings required by this section, the Board of Selectmen may call a Special Town Meeting into session at other times by the issuance of a Warrant thz„�haFteF, for the purpose of acting upon the legislative business of the Town in an orderly and expeditious manner, . 7-1-6 µReferendum Procedures No final affirmative vote of a Town Meeting on any Warrant Article shall be operative effective until after the expiration of seven (7) days following the dissolution of the Town Meeting except the feAewing: (a) a vote to adjourn or dissolve- (b) votes appropriating money for the payment of notes or bonds of the Town and interest becoming due within the then current fiscal year (c) votes for the temporary borrowing of money in anticipation of revenue or (d) a vote declared by preamble and adopted by a two - thirds vote of _ = Town Meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town. If a referendum petition is not filed within the said seven (7) days, the remaining votes of the Town Meeting shall then become effective operative. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Referendum Petition — If, within said seven (7) days, a referendum petition signed by not less than three i- percent of the voters certified by the Registrars of Voters containing their names and addresses is filed with the Board of Selectmen requesting that any of the remaining affirmative votes of Town Meeting be submitted to the voters in the form of a ballot question, stfeh then the effectiveness eperatien of the such Town Meeting vote shall be further suspended pending its determination as provided herein below. The Board of Selectmen shall, within ten (10) days after the filing of such referendum petition, call a Special Election that shall to be held within thirty (30) days or such longer period as may be required by law after issuing the call, for the purpose of presenting to the voters aRy such ballot question to the voters; provided, however, that if if,, hov eve, a regular or Special Election is to be held not more than sixty (60) days following the date the referendum petition is filed, the Board of Selectmen may provide that any such ballot question be presented to the voters at that Election. Form of Referendum Petition /Ballot Question - Each ballot question submitted shall appear at the top of each referendum petition and shall be presented in the following form which shall be placed on the official ballot: "Shall the Town vote to approve the action of the representative Town Meeting whereby it was voted on (insert date of Town Meeting) to (insert complete language of the vote in the 11 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 2 - Representative Town Meeting same form in which it was stated when presented by the Moderator to the Town Meeting, and as it appears in the records of the Clerk of the meeting) "? The circulator(s) of the referendum petition may make multiple add+tienal copies of the petition form, but such copies must be a-n exact duplicate thereof and tThe petition form may not be altered in any way. No extraneous markings, such as underlines, highlighting, erasures, marking out or insertion of words or other information, are allowed on any area of the petition form or any copy therof. Any such extraneous markings on, or alterations of the petition form or any copy therof, eK and any copies of the petition form that are not exact duplicates shall be invalid and no res, At the signatures contained thereon that petition form shall be counted toward the required number. For the purpose of this prohibition, the term "e €xtraneous markings" de shall not include signatures, names or addresses. Each petition form shall include language informing voters that additional markings will disqualify the signatures on the petition form; that for their signature to be counted valid, they must be a registered voter of the Town of Reading; that their signature shall be written in the same form as they are registered; that they should not sign the petition and any copy therof more than once; and that if they are prevented by physical disability from writing, that they may authorize some person to write their name and address res+defGe in their presence. The back of each petition form where signature lines appear shall include the following instruction: "ATTENTION VOTERS: Before signing, read signer information on the other side." fiRal aFtiGle laRguage voted at Town MeetiRg. The TGwn Gleark sh—all deliver A) 64fiGient paper GC)p4'e& Gf Read Rg. [Date of Tevm Meet Rg Here Upon request, the Town Clerk shall provide a Town referendum petition /ballot question form with the final article language voted at Town Meeting. The Town Clerk shall deliver A� sufficient paper- copies according to the laws of the Commonwealth of Massachusetts. rani ircmen4c In addition to the certification of signatures on the petition form, the Board of Registrars of Voters shall examine the petition forms for extraneous markings, and determine whether they are exact copies. (�) Election - Any ballot question submitted in accordance with their procedure set forth herein shall be determined by a majority vote thereon , but no action of the Town Meeting shall be reversed unless at least twenty percent (20 %) of the eligible voters past ballots vote on the ballot question. [Amended November 15, 2010 - Article 16] 12 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Article 3 - Elected Officers and Boards ARTICLE 3 ELECTED OFFICERS AND BOARDS or COMMITTEES 3 -1 General Provisions The offices to be filled by the voters shall be the Board of Selectmen, School Committee, 13eardef AsseG69%, Board of Library Trustees, Municipal Light Board of Commissioners, Moderator, and such members of regional authorities or districts as may be established by statute, interlocal agreement or otherwise. Only a registered voter of the Town shall be eligible to hold any elective town office, but no person holding any elective Town office shall simultaneously hold any other elective Town office except that of Town Meeting Member. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Elected Town Officers shall receive no compensation unless specifically voted by Town Meeting. Nleb.vithsit.anding their e'eGt*GR by the The Town Officers named in this Article shall be subject to the call of the Board of Selectmen at all reasonable times for consultation, conference and discussion on any matter relating to their respective offices. 3 -2 Board of Selectmen There shall be a Board of Selectmen consisting of five (5) members elected for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. The executive powers of the Town shall be vested in the Board of Selectmen. The Board of Selectmen shall have all of the powers and duties given to Boards of Selectmen under the Constitution and General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be area provided by the Charter, by Bylaw, or by ethef Town Meeting vote. The Board of Selectmen shall cause the laws and orders for the government of the Town to be enforced and shall cause a record of all its official acts to be kept. To administer its peliGies and-aid The Board of Selectmen shall appoint the Town Manager, Town Counsel, Town Accountant, not more than five (5) Constables, , and any other appointed board or committee member multople member bodies for whom no other method of selection is provided by the Charter or by Bylaw. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Board of Selectmen or its designee shall be the Licensing Board of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses. 3 -3 School Committee There shall be a School Committee consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. 13 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 3 - Elected Officers and Boards The School Committee shall have all of the powers and duties School Committees are given under the Constitution and General Laws of the Commonwealth of Massachusetts and such additional powers and duties as provided may be awtherized by the Charter, by Bylaw, or by ether Town Meeting vote. , following: [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 {b} The School Committee shall make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town. The School Committee shall also appoint a Superintendent of Schools and shall define his duties and terms of employment. 3 -4 Board of Library Trustees There shall be a Board of Library Trustees consisting of six (6) members elected for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Library Trustees shall have all of the powers and duties given to Board of Library Trustees under the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by Town Meeting vote. The Board of Library Trustees shall have control over the selection of Library materials, and shall have custody and management of the Library and of all property of the Town related thereto, - provided, however, e*sept that the Town Manager Dr his designee shall have responsibility for the maintenance of the Library building and grounds. The Board of Library Trustees shall administer aAll money or property that the Town may receive on behalf of the Library by gift or bequest in accordance with the provisions of such gift or bequest. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 3 -5 Municipal Light Board of Commissioners There shall be a Municipal Light Board of Commissioners consisting of five (5) members elected for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Municipal Light Board of Commissioners shall have charge of all the real estate, facilities, personnel and equipment of the Town pertaining to the production and transmission of electrical power, both within the Town and elsewhere. The Municipal Light Board of Commissioners shall have all the powers and duties given to cities and towns in respect to municipal lighting plants under Massachusetts General Laws Chapter 164 Section 34 et seq. and other general and special acts pertaining thereto, together with such further powers and duties assigned to them by the Charter, by -ylaw, or by ether Town of Reading Town Meeting vote. The Municipal Light Board of Commissioners shall hire the General Manager of the Reading Municipal Light Department and set his compensation; the General Manager shall serve at the pleasure of the Board and may be removed by vote of a majority of the entire Board after notice and hearing. 14 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 3 - Elected Officers and Boards The Municipal Light Board of Commissioners shall appoint the Accounting Manager or Chief Accountant of the Reading Municipal Light Department and appoint s --ounsel to the Reading Municipal Light Department. The Accounting Manager or Chief Accountant, as the case may be, and Counsel shall be subject to the supervision of the General Manager. The Municipal Light Board of Commissioners shall approve warrants for payments of all bills and payroll of the Municipal Light Department and shall approve all contracts which are at or above the competitive sealed bid procedures level as stated in MGL Chapter 30B Section 5 and, further, all contracts shall be made in accordance with MGL Chapter306. Contracts for purchasing of power shall not be subject to MGL Chapter 30B but shall be approved by the Municipal Light Board. The Municipal Light Board of Commissioners shall employ the Auditor appointed by the Town of Reading Audit Committee. The Municipal Light Board of Commissioners shall annually set electric rates and approve an annual operating budget and Capital Improvements Program each fiscal year. Such approval will be done by a majority vote of the Municipal Light Board of Commissioners. After the Municipal Light Board Commissioners has approved an annual operating budget and Capital Improvements Program, it will present them to the Town of Reading Finance Committee and Town of Reading Town Meeting. Upon request of any of the other towns served by the Reading Municipal Light Department, the Municipal Light Board of Commissioners shall make a presentation to the Finance Committee and /or Town Meeting of any such town(s). [Amended April 28, 2003 - Article 7] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Additional draft revisions to this section (shown below) have been developed by the Charter Committee but they are not going forward with any of these changes at this time. There shall be a Municipal Light Board of Commissioners consisting of five (5) members elected for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Municipal Light Board of Commissioners shall have all the powers and duties given to cities and towns in respect to municipal lighting plants under Massachusetts General Laws Chapter 164 Section 34 et seq. and other general and special acts pertaining thereto, together with such further powers and duties assigned to them by the Charter, by Bylaw, or by Town of Reading Town Meeting vote. The Municipal Light Board of Commissioners shall hire the General Manager of the Reading Municipal Light Department and set his duties and terms of employment. of the en #ire Room! after no4ire and p blir hearing. The Municipal Light Board of Commissioners shall appoint the Accounting Manager or Chief Accountant of the Read+Rg Municipal Light Department and appoint Counsel to the F ead+ag Municipal Light Department. The Accounting Manager or Chief Accountant, as the case may be, and Counsel shall be subject to the supervision of the General Manager. 15 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 3 - Elected Officers and Boards The Municipal Light Board of Commissioners shall approve warrants for payments of all bills and payroll of the Municipal Light Department and shall approve all contracts which are at or above the competitive sealed bid procedures level as stated in Massachusetts General Laws Chapter 30B Section 5 and, further, all contracts shall be made in accordance with Massachusetts General Laws Chapter 30B. Contracts for purchasing of power shall not be subject to Massachusetts General Laws Chapter 30B but shall be approved by the Municipal Light Board of Commissioners. The Municipal Light Board of Commissioners shall employ the Auditor appointed by the Town of Reading Audit Committee. The Municipal Light Board of Commissioners shall annually set electric rates and approve an annual operating budget and Capital Improvements Program each fiscal year. Such approval will be done by a majority vote of the Municipal Light Board of Commissioners. After the Municipal Light Board of Commissioners has approved an annual operating budget and Capital Improvements Program, it will present them to the Town of Reading Finance Committee and Town of Reading Town Meeting. Upon request of any of the other towns served by the Gc r ^g Municipal Light Department, the Municipal Light Board of Commissioners shall make a presentation to the Finance Committee and /or Town Meeting of any such town(s). [Amended April 28, 2003 - Article 7] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 343 -6 Moderator There shall be a Moderator elected for a one (1) year term. Fegulate the pFQGeed'Rg6 at all sessions of the Town Alleetip'g- The Moderator He shall have all of the powers and duties given to Moderators under the Constitution and Massachusetts General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as provided may be aythQrixed by the Charter, by Bylaw, or by ether Town Meeting vote. The Tewa Moderator shall not simultaneously serve as an elected Town Meeting Member or in any other elected municipal office OR the TOWR. 16 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 4 - Appointed Boards and Committees ARTICLE 4 APPOINTED BOARDS or COMMITTEES AND COMMITTEES 4 -1 Community Planning and Development Commission There shall be a Community Planning and Development Commission consisting of five (5) members appointed by the Board of Selectmen for three (3) year terms so arranged that as nearly an equal number of terms as possible shall expire each year. development. The Community Planning and Development Commission shall have all of the powers and duties given to Planning Boards, Boards of Survey and Industrial Development Commissions under the — Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by Bylaw, or by ether Town Meeting vote. The Community Planning and Development Commission shall have the power to regulate the subdivision of land within the Town by the adoption of Rules and Regulations pertaining thereto. The Community Planning and Development Commission shall make studies and prepare plans concerning the resources, developmental potential and needs of the Town; - he Col lty PIaRRiRg and Development Commi6sioi4 shall report annually to the Town giving information regarding the physical condition of the Town, and any plans or proposals known to it affecting the resources, physical development and needs of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4 -2 Board of Assessors There shall be a Board of Assessors consisting of three (3) members elected appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Assessors shall have all the powers and duties given to Boards of Assessors by Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw or by Town Meeting vote. The elected members of the Board of Assessors serving at the time this section first becomes effective may continue to serve in office until their elected terms expire, unless reappointed for an additional term or terms pursuant to this section. [Amended November 30, 1989 - Article 36 and approved by vote of the Town on March 19, 1990] 4-2 Board of Health There shall be a Board of Health consisting of three (3) members appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. The Board of Health affeGting the publiG health. 14 shall have all of the powers and duties given to Boards of Health under the GGIP16titutien and GeReFal Law6 of the GorRITIORwealth Massachusetts General Laws, and such 17 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 4 - Appointed Boards and Committees additional powers and duties as may be authorized by the Charter, by ylaw, or by other Town Meeting vote. 4-34 -4 Housing Authority There shall be a Housing Authority consisting of five (5) members. Four (4) members shall be appointed by the Board of Selectmen, and the fifth (5th) member shall be a resident of the Town, appointed by the Commonwealth of Massachusetts or as otherwise provided by law. Housing Authority Members shall serve for five (5) year terms so arranged that one (1) term shall expire each year. The Housing Authority shall have all of the powers and duties given to housing authorities under the Massachusetts General Laws, and such additional powers and duties as may be authorized by the Charter, by -ylaw, or by otheF Town Meeting vote. 4-44 -5 Zoning Board of Appeals There shall be a Zoning Board of Appeals consisting of 5 members and 2 associate members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Zoning Board of Appeals shall have the powers and duties of Zoning Boards of Appeal under the Massachusetts General Laws and such additional powers and duties as may be authorized by the Charter, by _'ylaw, or by Town Meeting vote. [Amended November 17, 2005 - Article 22 and approved by vote of the Town on April 4, 2006] 46- Board of Cemetery Trustees There shall be a Board of Cemetery Trustees consisting of six (6) members appointed by the Board of Selectmen for three (3) year terms so arranged that two (2) terms shall expire each year. The Board of Cemetery Trustees shall have the powers and duties given to the Boards of Cemetery Trustees under the Seteawea[th Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 4-6- Council on Aging There shall be a Council on Aging consisting of ten (10) members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Council on Aging shall have all the powers and duties given to Councils on Aging by the Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. 444 -8 Board of Commissioners of Trust Funds There shall be a Board of Commissioners of Trust Funds consisting of five (5) members. Three (3) shall be appointed by the Board of Selectmen for three (3) year terms so arranged that one (1) term shall expire each year. In addition, the Board of Selectmen shall appoint one of _ their members to serve as a full voting member ex officio, and the Town Treasurer/SeAester shall serve as a full voting member ex officio. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Board of Commissioners of Trust Funds shall have all the powers and duties given to them by the Board of Selectmen. 18 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 4 - Appointed Boards and Committees 4-8A-9 Conservation Commission There shall be a Conservation Commission consisting of seven (7) members appointed by the Board of Selectmen for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Conservation Commission shall have all the powers and duties given to Conservation Commissions by the Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by = ylaw, or by Town Meeting vote. 4-04-10 Recreation Committee There shall be a Recreation Committee consisting of nine (9) members, eight (8) appointed by the Board of Selectmen, and one (1) appointed by the School Committee for three (3) year terms so arranged that three (3) terms shall expire each year. The Recreation Committee shall all the powers and duties given to them by the Board of Selectmen and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. The Recreation Committee shall be responsible for the evaluation of - ecreational program activities, formulation of overall plans for the recreationai program development, and for the scheduling of Town parks and recreational facilities t" °'oase when not in use by the School Department. it shall also have all the PoweFs and duties given to ReGreatiGR Gemmittee by the ChaFter, by Bylaw, 4 -11 Town Forest Committee The Board of Selectmen shall appoint the Town Forest Committee and determine the number of members and their term of appointment, not to exceed three (3) years. The Town Forest Committee shall have all the powers and duties given to Town Forest Committees by the Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, by the Board of Selectmen or by Town Meeting vote. 4 -12 Historical Commission The Board of Selectmen shall appoint the Historical Commission and determine the number of members and their term of appointment, not to exceed three (3) years The Historical Commission shall have all the powers and duties given to Historical Commission by Massachusetts General Laws, and such additional powers and duties as provided by the Charter, by Bylaw, or by Town Meeting vote. 4 -13 Charter Review Committee At least every ten (10) years a special Committee consisting of nine (9) members shall be established for the purpose of reviewing the Charter and to making a report, with recommendations to the Town Meeting concerning any proposed amendments that said Committee may determine to be necessary or desirable. The Committee shall consist of one (1) member of the Board of Selectmen or designee, one (1) member of the School Committee or designee, one (1) member of the Board of Library Trustees or designee, one (1) member of the Municipal Light Board of Commissioners or designee, the Moderator, one (1) member of the Bylaw Committee and three (3) Town Meeting members to be appointed by the Moderator. 440 4- 140ther Boards or Committees 4eGtP,4e (a) TGWR Forest Committee 19 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 4 - Appointed Boards and Committees Any of the elected boards or committees as listed in Article 3 of the Charter may establish and appoint or dissolve standing egad HOG advisetyboards or committees from time to time for a specific purpose. Such boards or committees °° defined in the G harter, shall be appointed in accordance with the process detailed in Section 8- 12, and members shall physically reside in the Town of Reading at the time of their appointment and during their term of office. idered a "multiple member body" as de..__ Standing GOMMittees shall be appointed iR aGGGFdaRGe with the PFGGe66 detailed 'R SeGtion R 12 MAmbArs shall reside in the Town of RA;;dinq at the time of their appointmeRt and during their term4 ease- 12 of the Reading Herne Rule Charteras te the appaintMeRt PFOGess. The appointing authority shall report the purpose, membership and contact information of said board or cGommittee to the Town Clerk in advance of the first meeting of said board or committee. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 15, 2010 - Article 15 and approved by vote of the Town on April 6, 2010] 4 -14 Associate Membership All appointed boards OF- -and committees under Article 4 may have Associate Members if stipulated in the Bylaw or Charter provision defining the membership of such bodies. Associate Members are to be appointed to the various appointed boards or and committees by the appointing authority responsible for appointing individuals to the particular boards 9F and committees. All rules and regulations along with responsibilities and code of conduct relating to Associate Membership on an appointed boards or and committees are to be in the Bylaw or Charter provision defining the conduct of such bodies. Associate Members cannot vote on any issue to be decided by the board or -# committee to which the individual is appointed as an Associate Member except as allowed by Massachusetts General Laws or by rules and regulations set by the Appointing Authority. In no case shall an Associate Member vote on any issue if he has served as an Associate Member for less than one hundred and eighty days (180) prior to the taking of the vote except as allowed by Massachusetts General Laws. 20 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 5 - Town Manager ARTICLE 5 TOWN MANAGER 5 -1 Appointment, Qualifications; and Term The Board of Selectmen shall appoint a Town Manager, who and may enter G_GntFaGt With th8 shall be appointed solely on the basis of his executive and administrative qualifications. He shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience. He shall have had at least five (5) years of full -time paid experience as a City or Town Manager or Assistant City or Town Manager or the equivalent level public or private sector experience. The terms of the Town Manager's employment shall be the subject of a written contract, for a term not to exceed three (3) years, setting forth his tenure, compensation, vacation, sick leave, benefits, and such other matters as are customarily included in an employment contract. The Town Manager's employment contract shall be in accordance with and subject to the provisions of the Charter and shall prevail over any conflicting provision of any personnel bylaw, rule, or regulation. The Town Manager's compensation shall not exceed the amount annually appropriated for that purpose. While sewing as The Town Manager he shall devote full time to his the office Eand except as expressly authorized by the Board of Selectmen shall not engage in any other business or occupation, and (eExcept as expressly provided in the Charter ) shall not hold any other public Affl6�-,, elective or appointive office -in the Town, provided, however, that, with the approval of the Board of Selectmen, the Town Manager may serve as the Town's representative to regional boards or commissions, or similar entities, but shall not receive additional salary from the Town for such services. Upon the termination of the Town Manager's appointment, whether voluntary or otherwise, he may receive termination pay as determined by the Board of Selectmen, not to exceed twelve (12) month's salary in total. To be eligible for this benefit upon voluntary termination, the Town Manager shall provide the Board of Selectmen a minimum of sixty (60) days written notice of intent to leave. This benefit will not be available if the Town Manager is terminated for cause. [Amended November 10, 1997 - Article 7 and approved by vote of the Town on March 24, 1998] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 21, 2011 - Article 28 and approved by vote of the Town on March 6, 2012] 5 -2 Powers and Duties The Town Manager shall be the Chief Administrative Officer of the Town and shall be responsible to the Board of Selectmen for the proper administration of all Town affairs placed in his charge by or under the Charter. The Town Manager s shall have the fG119W Rg powers and duties shall include: (a4 STo supervise and be responsible for the efficient administration of all functions under his control, as may be authorized by the Charter, by _ylaw, by other Town Meeting vote, or by the Board of Selectmen, including all officers appointed by him and their respective departments. (b4—ATo appoint, and n4ay remove, subject to the civil service laws where applicable, T''ea6wer GGlleGt9r, Town , Police Chief, Fire Chief, Appraiser and employees for whom no other method of appointment is provided in the Charter, except persons serving under the School Committee, Municipal Light Board of Commissioners and Board of Library Trustees, and appointments made by the representatives of the Commonwealth of Massachusetts. The Town Manager's appointment of the Police Chief and Fire Chief shall be subject to confirmation by the Board of Selectmen. 21 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 5 - Town Manager Town Manager's appointment of the Appraiser shall be subject to confirmation by the Board of Assessors. appointed beaFd, 6hall be appointed by the T&.vn Manager rubjeGt to approval Of 66IGh appointed beaFd. IR the event that the Beard fails te take aGt'OR WithiR f4quFteeR (14) day6 afteF Ret'Ge to the appointment. (4;4 ATo administer all personnel policies, practices and related matters for all municipal employees as established by any compensation plan, personnel policy guide or ylaw, and all collective bargaining agreements entered into by the Board of Selectmen on behalf of the Town. (4) l=To fix the compensation of all Town officers and employees appointed by him within the limits established by applicable the appropriations- and any compensation plan adopted by the Town Meeting. {e3 ATo attend all regular and special meetings of the Board of Selectmen, exGe t meetiRg6 at Wh;nh h;& unless excused at his own request, and s4a?•1 to have a voice, but no vote, in all discussions. ATo attend all sessions of the Town Meetings and sklall to answer all questions directed to him that are related to his office. fig} STo see that all of the provisions of the Massachusetts General Laws, of the Charter, of the cylaws and et#ef of Town Meeting votes, and votes of the Board of Selectmen that require enforcement by him, or Town Oefficers and employees subject to his direction and supervision- are faithfully carried out. (h) RTo prepare and submit a proposed Annual Operating Budget and a proposed Capital Improvements Program as provided in Article 7. Fa To enAssure that a full and complete record of the financial and administrative activities of the Town is kept and skkall to render a full report to the Board of Selectmen at the end of each fiscal year and at such other times as may be required by the Board of Selectmen. fj} KTo keep the Board of Selectmen fully informed as to the financial condition and needs of the Town and skull to make such recommendations to the Board of Selectmen as he may deems necessary or appropriate expedient. �k-} #To have full responsibility j6lFi6disfien over the rental and use of all Town facilities, except those under the care, custody, management and control jar+sdis>:ien of the School Committee, the Board of Library Trustees, and -the Municipal Light Board of Commissioners, or other boards or committees specified by Bylaw or Town Meeting vote uete. He or his designee shall be responsible for the maintenance and repair of all Town property WhiGh is de6igRated to be under his control. May at aRy +;.,,e To inquire into the conduct of any Town Oefficer, employee or department under his control. (n4) KTo keep a full and complete inventory of all real and personal property of substantial value belonging to the Town, bGth Feal and peF69Ral. (n} l3To be responsible for the negotiation of all contracts for goods and services within his jurisdiction and .v approve the awarding thereof. 4e} To serve as Chief Procurement Officer pursuant to the provisions of Chapter 30B of the Massachusetts General Laws and to Sbe responsible for purchasing all supplies, materials and equipment, except those of the School Committee and the Municipal Light Board of Commissioners; to approve the award of all contracts for all departments and activities of the Town except those of the 22 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 5 - Town Manager School Committee and Municipal Light Board of Commissioners; to examine the services performed for any Town Agency pursuant to any such contract; and to examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies or equipment delivered to or received by any Town aAgency; and examine GePAGes penmrimrrcc f0w aRY T 4p} To serve as Be deemed to be the Executive Officer of the Town for the purposes of UndeF Chapter 258 of the Massachusetts General Laws. (q) RTo perform any other duties required of him by the Charter, by Bylaw, by ethe Town Meeting vote, or by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5 -3 Ombudsman The Town Manager shall appoint a Towr. employee +a hise##+se to act as an Ombudsman to all citizens in their day -to -day contacts and dealings with the Town, its officials, and boards. The function of the Ombudsman shall be: (a) to direct the citizens to the proper Town Osfficer, board or committee to deal with the issue or concern of the citizen; (b) to set up appointments for citizens to meet with directors, department heads and boards s appropriate; (c) to provide citizens with access to public information within the Town and; (d) to otherwise serve the public in connection with their dealings with the Town. The office of the Town Ombudsman shall be clearly and conspicuously marked within the Town Hall. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 5 -4 Acting Town Manager Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen, the Town Manager shall designate a qualified individual TGwn Gffieer or emp:eyee to serve as Acting Town Manager during any temporary absence anticipated not to exceed thirty (30) busiae66 days. (b) Long -Term Absence - In the event of the absence, incapacity or illness of the Town Manager in excess of thirty (30) days, the Board of Selectmen shall appoint a qualified Taws individual to serve as Acting Town Manager until the Town Manager returns. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] {e3 Vacancy - When the office of Town Manager is vacant, or the Town Manager is under suspension as provided in Section 5 -5, the Board of Selectmen shall appoint a qualified Town effiiser OF employee individual to serve as Acting Town Manager until the vacancy is filled or the suspension has been terminated. In the event of vacancy, the Board of Selectmen shall initiate recruitment for a new Town Manager without delay and shall appoint a new Town Manager within one hundred eighty (180) twenty (120) days. (d) Term - No appointment of an Acting Town Manager may exceed thirty (30) ten (U)) we*iRg bw6iners days, provided, however, that, at the end of such thirty (30) days, lea the appointment may be renewed or another Acting Town Manager may be appointed. Powers — Except as authorized by a four -fifths (4/5) vote of the Board of Selectmen. -The powers of an Acting Town Manager are shall be limited to routine matters requiring immediate action and to making emergency temporary appointments to any Town office or employment within the scope of the Town Manager's responsibilities. 5 -5 Removal Procedures The Board of Selectmen may remove the Town Manager from office as follows: 23 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 5 - Town Manager {a) Notice - By affirmative vote of a majority of its members, the Board of Selectmen may adopt a preliminary resolution of removal setting forth in reasonable detail the reason or reasons for the proposed removal. The preliminary resolution may suspend the Town Manager for a period not to exceed forty -five (45) days. A copy of the resolution shall be delivered to the Town Manager forthwith following its adoption. Ob-) Public Hearing - Within five (5) days after the delivery of the preliminary resolution of removal, the Town Manager may request a public hearing on the reasons cited for removal by filing a written request therefor with the Board of Selectmen. The hearing shall be convened by the Board of Selectmen not less than twenty (20) nor more than thirty (30) days after a request is filed. Not less than five (5) days prior to such hearing, written notice thereof the date Llpen which the hearing will seaAFnense shall be given to the Town Manager at his last known address. The time limitations set forth herein may be waived in writing by the Town Manager. The Town Manager shall be entitled to file a written statement with the Board of Selectmen responding to the reasons cited for the proposed removal, provided the same is received by the Board of Selectmen not less than forty -eight (48) hours in advance of the time set for the commencement of the public hearing. The Town Manager may be represented by counsel at the public hearing. He shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Removal - If the Town Manager does not request a public hearing, then upon the expiration of ten (10) days from the date of delivery to him of the preliminary resolution of removal, or if the Town Manager does request a public hearing, then five (5) days from the completion of the public hearing or forty -five (45) days from the date of the adoption of the preliminary resolution, whichever occurs later, the Board of Selectmen may by a vote of a majority of its members adopt a final resolution of removal that shall be effective upon adoption. Failure to adopt a final resolution of removal within the time limitations provided in this section shall nullify the preliminary resolution of removal. The action of the Board of Selectmen in suspending or removing the Town Manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the Board of Selectmen. The Town Manager shall continue to receive his salary until a final resolution of removal has become effective. twelve (12) FnGRth'6 6aIaFy iR total. To be eligible f9F thi6 beRefit UPGR VE)IURtaFy tem;iRation, the Town Manager must give the BA-;-;rd- Of S_A_lA_GtMeR siAy (60) daY6 WlPitteR nQ_tiG_A_ Of !Pt@Rt tG leave. This [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 24 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Article 6 - Administrative Organization ARTICLE 6 ADMINISTRATIVE ORGANIZATION 6 -1 Organization C*eation of Departments, Agencies and Offices The organization of the Town into operating Town Aagencies shall be accomplished through the establishment of a Table of Organization that presents the organization of all Town Agencies. Such table shall be prepared by the Town Manager in consultation with the Board of Selectmen and may be revised from time to time., . [Amended November 17, 2011 - Article 20 and approved by vote of the Town on April 5, 2011] Table Of Offlanization For the convenience of the public, the admini6tratiV8 GGG18, if adepted as a the Table of Organization, - shall be printed as an appendix to, but not as '"- iRtegral part of, the Bbylaw� of the Town. The Table of Organization shall also be published annually in the Town Report. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] [Amended November 17, 2011 -Article 20 and approved by vote of the Town on April 5, 2011] 25 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 6 - Administrative Organization seFV Ges. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6-4 Town Counsel Appointment and; Qualifications, Term of 0 — The Board of Selectmen each dear shall appoint a Town Counsel and fix his compensation within the amount annually appropriated for that purpose. The person appointed and employed by the Board of Selectmen as Town Counsel shall be a member in good standing of the bar of the Supreme Judicial Court of Massachusetts and of all other courts before which he has been admitted to practice. Any Special Counsel employed by the Board of Selectmen shall be a member in good standing of the bar of all courts before which he has been admitted to practice. Powers and Duties — The Town Counsel shall provide legal advice, representation and litigation services to the Town, Town Agencies and Town Officers. as the Board of Selectmen or Town Manager may request or authorize. 6hall have the fGIIGWiRg poweF6 and duties-. (a) The TGWR GOUR6el shall examine and report to the To-;.A.;n ManageF 61POR the title to aRY IR—nd- tG- be iRvelved. Vacancy — If the Town Counsel is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a 26 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 6 - Administrative Organization temporary Town Counsel to hold such office and exercise the powers and perform the duties until the Town Counsel can resume his duties, or until another Town Counsel is duly appointed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 6-6 Town Accountant Appointment, Qualification; and Term of Office -There shall be a Town Accountant, appointed by the Board of Selectmen. The Town Accountant shall be qualified in accordance with State law, and shall have at least thYee (3) „eaFr, appropriate prior full time accounting experience as determined by the Board of Selectmen. The Town Accountant shall be appointed in March of every year for a one (1) year term to run from the first day of the following July Apf+4 and shall serve until the qualification of his successor. Should the Town Accountant position become vacant, the Board of Selectmen shall fill the vacancy in the same manner as an original appointment for the remainder of the unexpired term. The Town ArOcOn-untant may be removed by the 13eaFd- of Seler.tmep for c_,ause _and the vapapc'y filled by the [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Powers and Duties - The Town Accountant shall be subject to the supervision of the Town Manager. He shall have, in addition to the powers and duties conferred and imposed upon Town Accountants by the Massachusetts General Laws, the following powers and duties: (a4 He shall prescribe the methods of installation and exercise supervision of all accounting records of the several Town Agencies and Town Officers; provided, k4however, that any change in the system of accounts shall be made only after consultation first he digr'w; with the Town Manager and the Town agencies affected. He shall establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the Town, including clerical and office methods, records, reports and procedures as they relate to accounting matters. He shall prepare and issue rules, regulations and instructions relating thereto that, when approved by the Town Manager, shall be binding upon all Town a gencies and employees. fs} He shall draw all Warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the several appropriations of the Town Meeting and other accounts. (d) Prior to submitting any Warrant to the Town Manager, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examinations, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered to or received by any Town Agency or Town Oefficer eragepey. If, upon examination, it appears to the Town Accountant that any such bill, draft or order is fraudulent, unlawful or excessive, he shall immediately file with the Town Manager and Town Treasurer and Chairman of the Finance Committee a written report of his findings. -E4 He shall be responsible for a continuous audit of all accounts and records of the Town wherever located. Vacancy - If the Town Accountant is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Board of Selectmen may appoint a temporary Town Accountant to hold such office and exercise the powers and perform the duties until the Town Accountant can resumes his duties, or until another Town Accountant is duly appointed Cek9Gt Aen _Anal filed in the Gfd 64 6 -4Town Treasurer - 6�er 27 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 6 - Administrative Organization Appointment, Qualifications, TeFFn of G – There shall be a Town Treasurer - SeAestef, appointed by the Town Manager . The Town Treasurer- CeAester shall be qualified in accordance with State the Massachusetts General Ltaws. The TGWR his depaFtment- [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] The Board of Selectmen, upon the recommendation of the Town Manager, may combine the powers and duties of the Town Treasurer with those of the Town Collector, and the Town Manager may then appoint a Town Treasurer - Collector. Powers and Duties – The Town Treasurer "der. He shall have, in addition to the powers and duties conferred and imposed upon Town Treasurers , by the Massachusetts General Laws, the following powers and duties: sum6 and aGGGURts due, GWiRg 9F paid to the TE)WR iRGluding taX8r, and fees, and shall art as t4e. Es) The Town Treasurer- Seltester shall supervise and be responsible for the prompt deposit, safekeeping and management of all monies collected or received by the Town. !c!j The Town Treasurer- Getlester shall be the custodian of all funds, mon -- - z s, securities or other things of value which are or have been given, bequeathed or deposited in trust with the Town for any purpose, including the preservation, care, improvement or embellishment of any of the Town's cemeteries or burial lots therein. The Town Treasurer- Gellester shall invest the same as d+rested b all sums held in trust as he determines to be appropriate after consultation with the Board of Cemetery Trustees and the Board of Commissioners of Trust Funds Se++ssieaers, as appropriate, and shall distribute the income therefrom on the order of said Boards as appropriate tFU6teeS 9F T-F-Ust Fund Vacancy – If the Town Treasurer is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Treasurer to hold such office and exercise the powers and perform the duties until the Town Treasurer can resume his duties, or until another Town Treasurer is duly appointed. 6 -5 Town Collector Appointment and Qualifications – There shall be a Town Collector, appointed by the Town Manager. The Town Collector shall be qualified in accordance with the Massachusetts General Laws. The Board of Selectmen, upon the recommendation of the Town Manager, may combine the powers and duties of the Town Collector with those of the Town Treasurer, and the Town Manager may then appoint a Town Treasurer - Collector. 28 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 6 - Administrative Organization Powers and Duties — The Town Collector shall have, in addition to the powers and duties conferred and imposed upon Town Collectors by the Massachusetts General Laws, the following powers and duties: (a) The Town Collector shall supervise and be responsible for the collection and receipt of all sums and accounts due, owing or paid to the Town including taxes and fees, and shall act as the Town Collector of Taxes. (b) The Town Collector shall report to the Town Manager at such times as he may direct or as he may deem appropriate, but at least semi - annually, as to all uncollected claims or accounts due or owing to the Town. Such reports shall include the Town Collector's recommendations as to whether suit should be instituted on behalf of the Town for the establishment or collection of any claim or account for the benefit of the Town. Vacancy — If the Town Collector is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Collector to hold such office and exercise the powers and perform the duties until the Town Collector can resume his duties, or until another Town Collector is duly appointed. 6 -6 Town Clerk Appointment, Qualifications, Term of Office — There shall be a Town Clerk, appointed by the Town Manager. The Town Clerk shall be qualified in accordance with the Massachusetts General Laws. Powers and Duties — The Town Clerk shall have all the powers and duties conferred and imposed upon Town Clerks by the Massachusetts General Laws or by the Bylaws of the Town of Reading. Vacancy — If the Town Clerk is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Town Manager may appoint a temporary Town Clerk to hold such office and exercise the powers and perform the duties until the Town Clerk can resume his duties, or until another Town Clerk is duly appointed. 29 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 7 - Finances and Fiscal Procedures ARTICLE 7 FINANCES AND FISCAL PROCEDURES 7 -1 Fiscal Year The fiscal year of the Town shall begin on July first (1st) and end on June thirtieth (30th), unless another provision is made by the Massachusetts General Laws. 7 -2 Submission of Proposed Budget At least four (4) months before the start of the fiscal year, and following consultation with the Board of Selectmen on the Municipal Government portions of the budget, the Town Manager shall submit to the Finance Committee a proposed budget for the ensuing fiscal year with an accompanying budget message and supporting documents. He shall simultaneously provide for the publication in a local newspaper medium of a general summary of the proposed budget, and a notice stating the times and places where complete copies of his proposed budget shall be available for examination by the public, . [Amended November 21, 2011 - Article 29 and approved by vote of the Town on March 6, 2012] 7 -3 School Committee Budget The budget adopted by the School Committee shall be submitted to the Town Manager +n su#isieat t#r a at least five (5) months before the start of the fiscal year to enable him to prepare the total Town budget he is required to submit by Section 7 -2. Public Hearing — At least fourteen (14) days before the meeting at which the School Committee is to vote on its final budget request, the School Committee shall cause to be published in a local newspaper medium a general summary of its proposed budget. The summary shall indicate specifically any major variations from the present budget and the reasons for such variations and a notice stating (1) the times and places where complete copies of the budget shall be available for examination by the public, and (2) the date, time and place, not less than seven (7) nor more than fifteen (15) days following such publication, when a public hearing shall be held by the School Committee on the proposed budget. Adoption — The action of the School Committee in adopting the budget following the public hearing shall be summarized and the vote shall be duly recorded. 7 -4 Budget Message The Budget Message submitted by the Town Manager shall explain the proposed budget for all Town agencies, both in fiscal terms and in terms of work programs and shall include a Table of Organization, as set forth in Section 6.1, that presents the organization of all Town Agencies at the time of submission of the Budget Message. the TewR Manager deernG deT,,.,_oiF :bl 7 -5 The Proposed Budget The proposed budget shall provide a complete financial plan `or of all Town funds and activities, including the budget as requested by the School Committee for the ensuing year. Except as may otherwise be required by the Massachusetts General Laws or by the Charter, the proposed budget it shall be in the form that the Town Manager deems desirable. In his presentation of the budget, the Town Manager shall make use of modern concepts of fiscal presentation so as to furnish a high level of information and -iaximum the best financial control. The proposed budget shall be 69 aFraRged as W show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections: a Proposed expenditures for current operations during the ensuing fiscal year, detailed by Town agency, function and work programs, and the proposed methods of financing such expenditures. 30 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 7 - Finances and Fiscal Procedures (D-) Proposed capital expenditures during the ensuing fiscal year, detailed by Town _ agency, and the proposed method of financing each such capital expenditure. (�} Estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes. 4 Set forth all encumbered funds from prior fiscal years. 7 -6 Action on the Budget 4al Public Hearing - The Finance Committee shall, forthwith upon receipt of the proposed budget, provide for publication in a local newspaper medium of a notice stating the date, time and place, not less than five (5) nor more than fourteen (14) days following such publication, when a public hearing shall be held by the Finance Committee on the proposed budget. (�) Finance Committee Meetings - The Finance Committee shall consider in public meetings the detailed expenditures for each Town Aagency proposed by the Town Manager, and may confer with representatives of any such Town Aaagency in connection such considerations. The Finance Committee may require the Town Manager or any other Town agency to provide such additional information as it deems necessary or desirable in furtherance of its responsibility. kG) Presentation to the Town Meeting - The Finance Committee shall file a report of its recommendations with the Town Clerk in sufficient time to be distributed to all Town Meeting Members at least fourteen (14) days before the action on the budget article is to begin. The budget to be acted upon by the Town Meeting shall be the budget as proposed by the Finance Committee which met may be amended by the Town Meeting. 04 All Warrant Articles requiring an appropriation shall be considered and reported thereon by the Finance Committee. 7 -7 Capital Improvements Program The Town Manager shall submit a Capital Improvements Program to the Board of Selectmen and the Finance Committee at least thirty (30) days before the date fixed for submission of his proposed budget. It shall contain (a) a GleaF, GGRG06e general summary of its contents; (b) a list of all capital improvements proposed to be undertaken during the ensuing five (5) years, with supporting information as to the need for each capital improvement and (c) cost estimates, methods of financing and recommended time schedules for each such capital improvement. It may contain the estimated annual cost of operating and maintaining each such capital improvement This information +s-to be annually revised with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. 747 -8 Approval of Financial Warrants Warrants for the payment of Town funds prepared by the Accountant in accordance with the provisions of the Massachusetts General Laws shall be submitted to the Town Manager. The approval of any such Warrant by the Town Manager shall be sufficient authority to authorize payment 31 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 7 - Finances and Fiscal Procedures by the Town Treasurer, provided, however, that bjut the Board of Selectmen shall approve all Warrants in the event of a vacancy in the office of Town Manager. 32 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Article 8 - General Provisions ARTICLE 8 GENERAL PROVISIONS This Article is still under deliberation by the Charter Committee 8 -1 Charter Changes This Charter may be replaced, revised or amended in accordance with the procedures made available by Article LXXXIX of the amendments to the Constitution of the Commonwealth of Massachusetts and Chapter 43B of the Massachusetts General Laws. Non - substantive changes to the numbering of the various Articles within the Charter shall be permitted in order that the numbering due to amendments thereto and other consequent renumbering changes resulting therefrom are in compliance with the numbering format of the Charter. NG GhaRg8 iR this- Charte-F shall apply retFOaGtiVely tG the date of the Phange. Said Ghange� [Amended November 19, 2001 - Article 11] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -2 Severability If any provision of the Charter shall be found invalid for any reason in a court of competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the balance of the Charter shall be deemed to be amended to the minimum extent necessary, so as to secure the purposes thereof, as set forth in Section 1-4. The PF0Vi6,iGR6 ef the Charter are seveFable. if any prevision Af the Charter is he'd 'Ryalid, the otheF 8 -3 Specific Provisions Prevail To the extent that any specific provision of the Charter shall conflict with any provision expressed in general terms, the specific provision shall prevail. 8 -4 References to Massachusetts General Laws ar-MG-L All references to the Massachusetts General Laws er MGL contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the Massachusetts General Laws enacted subsequent to the adoption of the Charter. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -5 Computation of Time In computing time under the Charter, if seven (7) days or less, only - usiness Days not ins4a►d shall be counted; if more than seven (7) days, every day shall be counted. 8 -6 Number and Gender Words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing the masculine gender shall include the feminine gender. 33 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 8 - General Provisions 8 -7 Definitions Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in the Charter shall have the following meanings: ad Har Committee A appointed or dissGived under SeGtinp 4-12 Board or Committee - any board, committee, or commission specified in the Charter or other action creating such body. Business Day - The term "Business Day" shall mean a-A day that Town Hall is open to the general public (a) Charter - The word "Charter" shall mean th4 the Reading Home Rule Charter 6east+tutlen. kt4 Ex officio - The term "Ex officio" shall refer to a A member of any board or committee Multiple - erfody, except a member of the Rules Committee, who, by virtue of his office or position, is serves on a board or committee. A person serving as an ex officio member of more than one boards or committees shall not be required to take an additional oath of office to serve in such capacity. (} Library - The termed "Library" shall mean the Reading Public Library and any branch or branches that may be established thereof. {d} Local News Medium Outlet Newspaper - The term words "local news medium outlet" "losal newspaper" shall mean a newspaper of geneFal GiFG6llQtiQA media outlet of general public access within the Town. �e) Majority Vote - s applied to the Town Meeting the term "majority vote" shall mean a majority of those present and voting provided that a quorum of the body is present. {f} Multiple MeFnbeF Body The word "multiple membeF bedy" 6hall meaR aRY Board, COMM66669R 9F (g4 Precinct - The term -wend "precinct" shall mean the areas into which the Town is divided for the purpose of electing Town Meeting Members. {l4 Town - The termed "Town" shall mean the Town of Reading. {4 Town Agency - The term w9Fd6 "Town Agency" shall mean any board or committee, Gemmi66ie+} department or office of the Town ,-whether elected, appointed or otherwise constituted. Town Bulletin Boards The vVer.d-F.; "TewR Bulletin Bewds" shall rneaR the bulletin boaFd6 OR ... hiph fk) Town Meeting - The term wc)Fds "Town Meeting" shall mean the representative Town Meeting of the Town established by Article 2. 34 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Article 8 - General Provisions �+} Town Officer - The term weFds "Town Officer" shall mean an elected or appointed official of the Town who, in the performance of his duties of office, exercises some portion of the sovereign power of the Town, whether great or small; however, it shall not include a Town Meeting Member. A person may be a Town Officer whether or not he receives any compensation for his services. .. -1 Voters - The term wend "Voters" shall mean registered voters of the Town. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 -8 Rules and Regulations A copy of all Rules and Regulations adopted by any Town aAgency shall be filed in the office of the Town Clerk and made available for review by any person whe upon requests sUG# �ierprovided, however, that such Rules and Regulations adopted 6ub6equeRt to t4e adGPtiC)R of the Charter shall riot become effective eatil ten (10) days following their adoption, whether or not the date they are so filed. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8 108- 9Procedures of Boards or Committees Multiple MeFAbeF Bodies 4a) Meetings — All boards or committees shall meet at such times and places within the —eWR in accordance with the Open Meeting lLaw and as they may, by their own rules, prescribe. Additional Special meetings of any board or committee multiple membeF bed shall be held on the call of the respective chairman or by a majority of the members thereof Of P-aGh rnembeF at least hventy few (24) hours advanr;e of the A. AGt*Ge of eaGh FReetiRg shall be posted at least feFty eight (48) h9UF6 iA ad-Va.Arve 9-11 the TA-MOR Bulletin Beard eXGept iR the —event of an eFn8FgeRGY Fneeting withiR the "' f (b) Rules and Minutes - Each board or committee shall determine its own rules and order of business unless otherwise provided by the Charter or by bylaw Bylaw and shall provide for keeping minutes of its proceedings. TCopies of these rules and minutes shall be a publis- Feserd kept in the office of the Town Clerk, and in the Library. (3 Voting - Except on procedural matters, all votes of all boards or committees shall be taken by a show of hands, or roll call vote, the results of which shall be recorded in the minutes. The affirmative vote of a majority of the number of members specified in the Charter or other action creating such body shall be necessary to adopt any motion, order, appointment or approval to take any action not entirely procedural in nature. (4) Quorum - A majority of the number of members of boards or committees specified in the Charter or other action creating such body the multiple "'embeF bed shall constitute a quorum, but a smaller number may adjourn from time to time. 35 Reading Home Rule Charter Review- October 21, 2014 Town of Reading Home Rule Charter Article 8 - General Provisions [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 20051 8448-10 Elections Revisions to this section are suggested and shown below. However any such changes are beyond the scope of authority of the Charter Committee. Instead these changes will be brought forward to Town Meeting in January 2015 as a separate Article seeking a Special Act of the Legislature. (�} Annual Town Elections - The election of Town Officers and Town Meeting Members, and referendums questions shall be acted upon and determined by voters on official ballots without party or other designation on the date fixed in the ylaw -, of the Town. (l;) Procedures - All elections conducted pursuant to the Charter shall be conducted in accordance with the election laws of the Commonwealth of Massachusetts. SeleetAny town wide election shall be held at the same time for each precinct at a place or places designated by the Board of Selectmen. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8428- 11Vacancies on Boards or Committees. Whenever a new Stand+ag board or committee is established, or a vacancy occurs on any existing Board, board or committee, OF GGR;Fni66ien, whiGh YaGanGy is to be filled by the Board Af Selerztlrrien oF any multiple rAernbeF body, whether GUGh vaGaRGY 06 by Feasen of death, FeisignatieR, expiFation of the appointing authority shall forthwith cause pabl+s notice of the vacancy to be publicly available P06ted on the Tev.on Board for not less than fifteen (15) days. Any person who desires to be considered for appointment to the position may, pe6ted and up4inW prior to the time the position is actually filled, file with the Town Clerk a statement setting forth his interest in and qualifications for the position. [Amended November 13, 1986 - Article 17 and approved by vote of the Town on March 23, 1987] [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] 8- 138- 12Recall Procedures Revisions to this section are suggested and shown below. However any such changes are beyond the scope of authority of the Charter Committee. Instead these changes will be brought forward to Town Meeting in January 2015 as a separate Article seeking a Special Act of the Legislature. (a4 Application - Any holder of an elective office, other than a Town Meeting Member, with more than six (6) months remaining in the term for which he was elected, may be recalled therefrom by the voters in the manner provided in this section. No recall petition shall be filed against an Town e0fficer within three (3) months after he takes office. (b) Recall Petition - Two hundred and fifty (250) or more voters may file with the Town Clerk an affidavit containing the name of the Town e0officer whose recall is sought and a sworn statement of the grounds upon which the petition is based. At least twenty -five (25) names of voters shall be from each of the eight precincts into which the Town is divided. The Town Clerk shall, within twenty -four (24) hours of receipt, submit the petitions to the Registrars of Voters who shall forthwith certify thereon the number of signatures that are names of voters. 36 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Article 8 - General Provisions If the petitions contain sufficient signatures, the Town Clerk shall thereupon deliver to the first ten voters listed upon the affidavit, petition blanks in such number as requested demanding such recall, printed forms of which he shall keep available. The blanks shall be issued by the Town Clerk with his signature and official seal attached thereto. They shall be dated, shall be addressed to the Board of Selectmen, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought, the grounds for recall as stated in the affidavit, and shall demand the election of a successor to the said office. A copy of the affidavit shall be entered in a record book to be kept in the office of the Town Clerk. The recall petitions shall be returned and filed with the Town Clerk within twenty -one (21) days following the date of the filing of the affidavit, signed by at least ten percent (10 %) of the voters and containing their names and addresses. However, not more than twenty -five percent (25 %) of the total number shall be from any one precinct. [Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005] Recall Election - If the petition shall be certified by the Town Clerk to be sufficient, he shall forthwith submit the same with his certificate to the Board of Selectmen. Upon its receipt of the certificate, the Board of Selectmen shall forthwith give written notice of such petition and certificate to the Town e0fficer whose recall is sought by mailing the same postage prepaid to his address as shown on the most recent voting list and pe6t+n9 causing sus# notice of the petition and certificate to be publicly available . If said Town oOfficer does not resign his office within five (5) days after the date of such notice, the Board of Selectmen shall order an election to be held not less than thirty -five (35) nor more than sixty (60) days after the date of the Town Clerk's certificate of the sufficient petition. If, however, any other Town Election is to occur not less than thirty -five (35) nor more than sixty (60) days after the date of the certificate, the Board of Selectmen shall hold the recall election on the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section, and the ballots for candidates shall, notwithstanding a recall provision to the contrary, be counted to determine a successor in office. Nomination of Candidates - Any Town 90fficer whose recall is sought may not be a candidate to succeed himself in the recall election. The nomination of candidates, the publication of the Warrant for the recall election, and the conduct of same shall all be in accordance with the provisions of law relating to elections. Propositions on Ballot - Ballots used in a recall election shall state the following propositions in the order indicated: For the recall of (name of Town e0fficer) Against the recall of (name of Town e0fficer) Adjacent to each proposition, there shall be a place to vote for either of the said propositions. After the proposition shall appear the word "candidates" and the names of candidates nominated as required in Section 42 of Chapter 54 of the Massachusetts General Laws. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question is in the negative, the ballots for candidates need not be counted except as provided above under Recall Election. Office Holder - The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled in the election, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in this section. If he is recalled in the election, he 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. 37 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 8 - General Provisions fg) Repeat of Recall Petition - No recall petition shall be filed against a Town Officer (3) MORthra afteF he takes effiGe, 9F on the Gase of an off Ger subjected to a recall election and not recalled thereby, until at least six (6) months after the election at which his recall was submitted to the voters. 8 148- 13Removal of Appoi_nteesd Board or Committee Member effises —The appointing authority may remove a member of a board or committee, provided that more than six (6) months remain in the member's term. A request for removal shall be filed with the Town Clerk's Office in any of three methods: (a) The appointing authority may seek to remove the member; (b) A board or committee may, by majority vote, request the removal of a member of said board or committee to the appointing authority, and they shall specify the grounds for the removal in writing; (c) One hundred (100) or more voters may file with the Town Clerk an affidavit containing the name of the board or committee and member whose removal is sought and a sworn statement of the grounds for the removal. Upon certification of sufficient valid signatures, the Town Clerk shall immediately notify the appointing authority. Public Hearing — A hearing shall be convened by the appointing authority not less than twenty (20) nor more than thirty (30) days after a request for removal is filed. Not less than five (5) days prior to such hearing, written notice thereof shall be given to the board or committee member at his last known address. The board or committee member shall be entitled to file a written statement with the appointing authority responding to the reasons cited for the proposed removal, provided the same is received by the appointing authority not less than forty -eight (48) hours in advance of the time set for the commencement of the public hearing. The board or committee member may be represented by counsel at the public hearing. He shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses appearing at the hearing. Removal - The appointing authority may by a vote of a majority of its members adopt a final resolution of removal that shall be effective upon adoption. Failure to adopt a final resolution of removal within thirty (30) days of the public hearing shall be deemed as no action taken. The action of the appointing authority in removing the board or committee member shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such removal in the appointing authority. The board or committee member shall continue to serve on the board or committee until a final resolution of removal has become effective. 8 168- 14Resignation of Town Officers Any person holding an elective or appointive office may resign his office by filing a resignation with the Town Clerk, and such resignation shall be effective immediately, unless a time certain is specified therein when it shall take effect. 8 16 8- 15Town Seal The Town Seal in existence at the time of adoption of the+s Charter shall continue to be the Town Seal and shall be kept in the custody of the Town Clerk. Papers or documents issued from any office or board or committee of the Town may be attested by use of the Town Seal. 38 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 9 - Transitional Provisions 39 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Article 9 - Transitional Provisions shall appgiRt R- C-.*t6-;EA-.A'F.; S-Greening Of nOt 1966 thaR thF8e (3) nor More than five-4-54 [Special Legislation adopted as Chapter 679 of the Acts of 1986 on January 7, 1987] 40 Reading Home Rule Charter Review- October 21, 2014 Town of Reading Home Rule Charter Article 9 - Transitional Provisions Reading Charter Commission January 23, 1986 41 Reading Home Rule Charter Review — October 21, 2014 A N X CD v n 2 0 3 m CD n CD CD X CD CD i I O 0 0 0- �o N N O A BOARD OF ASSESSORS (elected) i ACCOUNTING I COMMUNITY SERVICES T CommunityService Town Accountant Directorffown Planner Accounting Conservation " Retirement Economic Development" Elder /Human Services' Historical . West Street Historical' Inspections /Zoning " Planning Public Heath " Veterans Services Town of Reading, MA Executive Branch Table of Organization (Adopted 11/17/11 ) VOTERS BOARD OF SELECTMEN (elected) Town Manager BOARD OF LIBRARY TRUSTEES (elected) ) ) Law FINANC E Assistant LIBRARY PUBLIC SAFETY Town Manager) Library Director PoliceFire Chiefs Finance Director Assessment ` Collections Treasure Town Clerk Library' Cultural Council • Emergency Management Fire Police ElectionsPegistration " Animal Control Human Resources Telecommunications Technology Trust Funds Dashed Line indicates a relationship between an elected Board and the Department or Division Balk Designates positions appointed by the Board of Selectman * Designates an elected or appointed Commission, Board or Committee that works within that Division PUBLIC WO RKS Director of Public Works Engineering Highway Equipment Maintenance Park siForestry/Cemetery Recreation Solid Waste Street Lighting SnowAce Control Water SupplyrDistribution Seaver Collection Term Forest Storrrwater 0 0 C W CL 2 0 3 CD (D n ill (D D d n ti Town of Reading Home Rule Charter Index 43 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Index 44 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Index 14 Health.............................................................................................................................................................. .............................7; 1i HousingA64hwity ........................................................................................................................................... ..............................9 1z 45 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Index m 46 Reading Home Rule Charter Review — October 21, 2014 Town of Reading Home Rule Charter Index 47 Reading Home Rule Charter Review— October 21, 2014 Town of Reading Home Rule Charter Index 48 Reading Home Rule Charter Review— October 21, 2014 • 6. 1 Town of Reading Home Rule Charter V , - . RG- 0-1180-ed- Claims OF AGGOURtS ...................................................................................................................................................... :22 WRe*pmFed ..... * .... " ...... * .... * ...................... * .......... , .... * .......... ** .... * ......... ......... ****"" ......................... 4, 21, 22, 30, 31 Unlawful............................................................................................................................................................................... ........... 21. X Zoning Roards of Appeal ................................................................................................................................................................... Index 49 Reading Home Rule Charter Review— October 21, 2014