HomeMy WebLinkAbout2015-01-06 Special Town Meeting MinutesSPECIAL TOWN MEETING
Reading Memorial High School
Preforming Arts Center
January 6, 2015
The meeting was called to order by the Moderator, Alan E Foulds, at 7:41 PM, there being a quorum
present.
Motion made by John Arena, Board of Selectmen to dispense of the reading of all motions in their entirety.
Motion Carried
ARTICLE 6: Motion made by Jeff Struble, Bylaw Committee that the Town vote to amend the
General Bylaws by adding a new section 3.3.6 thereto as follows:
3.3.6 Permanent Building Committee
There shall be a Permanent Building Committee ( "PBC") consisting of five (5) Permanent Members and,
except as otherwise provided herein, up to two (2) Associate Members for each project that the PBC
undertakes. Permanent and Associate Members of the PBC shall be appointed by an Appointment
Committee consisting of the Chair of the Board of Selectmen, the Chair of the School Committee and the
Town Moderator.
Permanent Members shall be volunteers having practical experience and skills in professions that
concentrate on the design, construction, management and financing of commercial / institutional buildings
such as architects: civil engineers; structural engineers; mechanical, electrical and plumbing (MEP)
engineers, building contractors, project managers, property managers, attorneys and building
tradespersons. The terms shall be so arranged that as nearly an equal number of terms as possible shall
expire each year.
Associate Members may be appointed for each individual project that the PBC undertakes. Associate
Members shall have the same participation and voting rights as Permanent Members on matters affecting
the particular project for which they were appointed. Associate Members shall be registered voters of the
Town, selected by the Board or Committee that proposes a particular building or renovation project (the
"Sponsoring Agency ") and shall serve only for the time during which the PBC is exercising its functions
with respect to such project. In the event that a particular project is subject to participant requirements of
a state funding authority, the Appointment Committee may appoint additional Associate Members to the
PBC for that particular project; provided, however, that, in no event, shall the aggregate number of
Permanent and Associate Members for a particular project exceed nine (9). Quorum requirements for the
PBC shall be the majority of the Permanent and Associate Members for a particular project.
The PBC shall be responsible for the oversight and management of all major municipal and school building
design studies and construction projects having expected aggregate costs exceeding two million dollars
($2,000,000). The PBC's jurisdiction shall not extend to projects of the Reading Municipal Light
Department. The PBC shall present all such projects to the Finance Committee for consideration of funding
options and shall sponsor and present all such projects to Town Meeting for its consideration and approval
of funding.
The PBC shall work with the School Committee, the Board of Selectmen and any other Sponsoring Agency.
The Sponsoring Agency shall notify the PBC of its intention to undertake any such projects within seven
(7) calendar days of a positive vote or general affirmation to do so.
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The PBC shall work with the Director of Facilities to compile an inventory of the physical condition and
anticipated repairs and renovations of all existing municipal buildings and will summarize its findings in an
annual report to Town Meeting.
or take any other action with respect thereto.
Background: At the Special Town Meeting in February 2014. An instructional motion by the then Chair of
the Finance Committee was suggested and then approved. The motion instructed the Bylaw Committee to
draft a new general bylaw that would establish a permanent building committee (PBC), to have jurisdiction over
all Town, School and Library building projects.
The Bylaw Committee researched permanent building committees in other towns and then composed a draft
bylaw that was deemed suitable for Reading and held several meetings to refine several drafts of this bylaw to
accomplish this purpose. State requirements for participation in the Massachusetts School Building Authority
(MSBA) grant program were also researched. Of particular interest was the dollar threshold amount that would
trigger the PBC's oversight of projects. The amount listed was chosen to avoid involvement in routine
maintenance projects for existing buildings that have heretofore been adequately managed by the Facilities
department. The Bylaw Committee invited review and comment from the Town, School and Library officials as
this bylaw has evolved and their feedback has been duly considered in this version.
Bylaw Committee Report - given by Steve Crook: The Bylaw Committee recommends this Article by a
vote of 3 -0 -1 at their meeting on December 8, 2014. The vote to abstain reflected a desire to offer an
amendment on the floor of Town Meeting. Meeting of December 22, 2015 it was voted 5 -0 -0 in support of
amendment presented by Jeff Struble, Bylaw Committee.
Finance Committee Report - given by Mark Dockser: The Finance Committee recommends this Article
by a vote of 8 -0 -0 at their meeting on December 8, 2014.
Board of Selectmen Report: The Board of Selectmen at their meeting on December 9, 2014 voted 4 -0-
0 to support this Article.
Presentation given by:
• Jeff Struble - See Attached
Motion made by Jeff Struble, Bylaw Committee as follows:
Associate Members may be appointed for each individual project that the PBC undertakes. Associate
Members shall have the same participation and voting rights as Permanent Members on matters affecting
the particular project for which they were appointed. Associate Members shall be registered voters of the
Town, selected by the Board or Committee that proposes a particular building or renovation project (the
"Sponsoring Agency ") and shall serve only for the time during which the PBC is exercising its functions
with respect to such project. In the event that a particular project is subject to participant requirements of
a state funding authority, the Appointment Committee may appoint additional A2 4- members to
the PBC for that particular project; provided, however, that, in no event, shall the aggregate number of
Permanent and Associate Members with full voting rights for a particular project exceed nine (9).
Quorum requirements for the PBC shall be the majority of the Permanent and Associate Members for a
particular project.
Motion Carried
Motion made by Bill Brown, Precinct 8 to replace the words Associate Members with Temporary Members
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Preforming Arts Center
Motion Carried
Motion made by Bill Brown, Precinct 8 to add " /or" as follows:
Permanent Members shall be volunteers having practical experience and skills in professions that
concentrate on the design, construction, management and /or financing of commercial / institutional
buildings such as architects: civil engineers; structural engineers; mechanical, electrical and plumbing
(MEP) engineers, building contractors, project managers, property managers, attorneys and building
tradespersons. The terms shall be so arranged that as nearly an equal number of terms as possible shall
expire each year.
Motion Carried
Motion made by Bill Brown, Precinct 8 to change seven (7) calendar days to eight (8) calendar days:
The PBC shall work with the School Committee, the Board of Selectmen and any other Sponsoring Agency.
The Sponsoring Agency shall notify the PBC of its intention to undertake any such projects within seven
{7-} eight (8) calendar days of a positive vote or general affirmation to do so.
Motion Carried
Motion made by Glen Hartzler, Precinct 4 move to amend the proposed Section 3.3.6 of the Reading
General Bylaw by striking the characters "(PBC)" in the first paragraph thereof and by replacing all
occurrences therein of the letters "PBC" with the words "Permanent Building Committee" and to further
amend said proposed Section by striking the characters "(MEP)" in second paragraph thereof.
Motion Carried
Motion Carried as Amended
Overview for Articles 7 and 8 — Reading Home Rule Charter
The next two Articles reflect the work of the Charter Review Committee (CRC), a group formed by the
Town Moderator as a body of Town Meeting. The CRC consists of all Town Meeting members that
expressed interest in helping to conduct a thorough review of the Reading Home Rule Charter. The CRC
has met for over one year, held many public meetings and two well- advertised Public Hearings. They
received and considered input from a wide range of the community, including residents, volunteers and
staff. Some of the CRC members were part of the original effort to create the Charter, others were on the
last Charter revision about a decade ago, and some were new to this process.
Here is a list of the CRC members, along with a list of their Precincts:
Alan Foulds (Town Moderator, non - voting member and Chair of the Charter Review Committee);
William Brown (8); John Carpenter (7); Richard Coco (4); Stephen Crook (2); Glen Hartzler (4); Janice
Jones (5); Philip Pacino (5); Philip Rushworth (5); Margaret Russell (3); John Segalla (7); Jeffrey Struble
(7); Paul Sylvester (3); and Carolyn Whiting (7).
The process to change the Charter is a bit complex, and has two distinct parts:
Sections of the Charter that may be acted on by Town Meeting, and if approved (as amended) then sent
to the local voters for approval; and Sections of the Charter that may be acted on by Town Meeting, and if
approved (as amended) then must be sent to the state legislature with a request for a Special Act.
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These two distinct parts of the process are why we have two different Articles in front of Town Meeting.
Article 7 contains the complete language that is proposed by the CRC to be the new Reading Home Rule
Charter. This gives Town Meeting members a look at the entire proposed Charter all in one place.
Article 8 repeats certain portions of this proposed language.
The motion under Article 7 will address only the portions of the Charter that may be approved by the
voters.
The motion under Article 8 will address the portions of the Charter that must be sent to the legislature.
The proposed Charter language will be examined from start to finish in order of Charter Article, in much
the same way the budget and recent zoning changes were. When the Town Meeting debate is finally
concluded and the language as amended is ready for the vote, first the motion under Article 7 will be
made, and if approved then the motion for Article 8 will be made.
Note that in the proposed Charter language in Article 7, the following note appears in order to alert Town
Meeting members which portions of the Charter must be sent to the legislature as part of a Special Act:
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act.
A Reading Home Rule Charter Translation Guide has been provided to Town Meeting members as a
separate handout. This Guide has two parts:
An overview section that explains the types of changes proposed, and the reasons for them - ranging from
language clarification to real substantial change; and A best - efforts bold and cross -out version showing
the old and proposed new language.
Anyone that has used MS Word's track - changes and had several different people involved in editing
documents will appreciate the fact that these bold and cross -outs are all done manually instead. As a
result there will very likely be some discrepancies in punctuation, formatting, spelling and some small
wording differences in this bold and cross -out section when compared to the language in Articles 7 and 8
in this Warrant Report. The handout is not a legal document, it is simply meant to assist Town Meeting
members in understanding the differences between the current Charter and the one proposed by the CRC.
In a world of fancy GPS, consider this handout to be a well -worn and trusty paper map. Imperfect in some
ways, but it will reliably get you to your destination, even when the modern technology fails.
ARTICLE 7: Motion made by Philip Pacino, Charter Review Committee to see if the Town will vote
to amend the Reading Home Rule Charter as shown herein, subject to approval by the voters at a local
election:
Preamble
We, the people of The Town 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.
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ARTICLE 1 EXISTENCE, AUTHORITY AND DEFINITIONS
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 Division of Powers
Authority for the management 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 administered by a Town Manager. A
representative Town Meeting shall exercise all legislative powers of the Town.
1.3 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 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.
1.4 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 set forth in Section 1.3.
1.5 Intergovernmental Relations
The Town, acting by and through its Board of Selectmen, 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.
1.6 Definitions
Unless another meaning is clearly apparent from the manner in which the term is used, the following
terms used in the Charter shall have the following meanings:
Board or Committee - The term "board or committee" shall mean any board, committee, commission,
authority or council of the Town, however created, elected, appointed or otherwise constituted.
Charter - The term "Charter" shall mean the Town of Reading Home Rule Charter.
Ex officio - The term "ex officio" shall refer to a member of any board or committee who serves by virtue
of his office or position. A person serving as an ex officio member on more than one board or committee
shall not be required to take an additional oath of office to serve in such capacity.
Library - The term "Library" shall mean the Reading Public Library and any branch or branches thereof
that may be established.
Local News Medium - The term "local news medium" shall mean a newspaper or other means or
channel of information communication to which the general public has access within the Town.
Majority Vote - As applied to the Town Meeting, Committees thereof and precinct meetings, the term
"majority vote" shall mean the affirmative vote of a majority of those present and voting provided that a
quorum of the body is present. As applied to all other boards or committees, the term shall mean the
affirmative vote of a majority of the number of members specified in the Charter, Town Bylaw or other
enabling vote or action creating such board or committee.
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Precinct - The term "precinct" shall mean the areas into which the Town is divided for the purpose of
electing Town Meeting Members.
Town - The term "Town" shall mean the Town of Reading.
Town Agency - The term "Town Agency" shall mean any board or committee, department or office of the
Town, however created, elected, appointed or otherwise constituted.
Town Meeting - The term "Town Meeting" shall mean the representative Town Meeting of the Town,
established by Article 2.
Town Officer - The term "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; provided, however, that the term shall not include a Town Meeting Member; and
provided further that a person may be a Town Officer whether or not he receives any compensation for his
services.
Voters - The term "Voters" shall mean the registered voters of the Town.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
ARTICLE 2 REPRESENTATIVE TOWN MEETING
2.1 Composition
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act.
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.
Each precinct shall be equally represented in Town Meetings by members elected so that the term of office
of one -third of the members shall expire each year.
2.2 Revision of Precincts
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act.
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
contiguous and as compact as possible. The territory of each precinct shall be defined, where reasonably
possible, by the centerline of known streets or other well- defined limits.
Within ten (10) days of completing its review, the Board of Selectmen shall file a report with the Town
Clerk and the Board of Registrars of Voters, showing any revisions to the precincts that are being made
pursuant to this section. If revisions are being made, the report shall include a map showing the
boundaries of each precinct and a list of 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.
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Any such precinct revision shall be effective on the date it is filed with the Town Clerk. The 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 certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act.
At the first Town wide election after any precincts are revised, the 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 eight (8) candidates receiving the next highest number of votes shall serve for one (1) year from
the day of election. Upon the certification of such election, the term of office of all previously elected Town
Meeting members shall cease.
At each Annual Election thereafter, the voters in each precinct shall elect eight (8) Town Meeting Members
to represent the precinct for a term of three (3) years, 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 vote, resulting in a failure to elect the full number of Town Meeting Members in any
precinct, the vacancy created thereby shall be filled until the next Annual Town Election by a vote of the
remaining Town Meeting Members of the precinct, provided, however, that the balance of any unexpired
term shall be filled at the next Annual Town Election. In the event of such a vacancy, the Town Clerk shall
give written notice of the tie vote and the vacancy created thereby, to the remaining Town Meeting
Members of that 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.
[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, 2005]
2.4 Town Meeting Sessions
All representative Town Meeting sessions shall be limited to the Town Meeting Members elected pursuant
to 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 at least seven (7) days (see Sec.8.5) 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
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act.
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Nomination of candidates for Town Meeting Member shall be made by nomination papers bearing no
political designation and signed by not fewer than ten (10) 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 shall be filed with the Town Clerk at least thirty -five days
(35) days before the election.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
2.6 Vacancies
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act.
A Town Meeting Member may resign by filing a written notice with the Town Clerk. A Town Meeting
Member who 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 shall
serve only until the next Annual Town Election.
If any person elected as a Town Meeting Member 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 the Town Meeting.
The Board of Selectmen shall place an Article on the Annual Town Meeting Warrant to remove any such
Town Meeting Member from office. At least seven (7) days prior to the Annual Town Meeting, the Town
Clerk shall notify any such Town Meeting Member that he may be removed from office, provided,
however, that such notice shall be deemed adequate if mailed postage prepaid to the Town Meeting
Member's last known address.
Any vacancy in 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 the balance of any unexpired
term shall be filled at the next Annual Town Election. In the event of a vacancy, the Town Clerk shall give
written notice thereof 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 advance notification of
the time and place for a precinct meeting for the purpose of temporarily filling the vacancy.
[Amended by Chapter 57 of the Acts of 20021
2.7 Precinct Meetings
The Town Meeting Members of each precinct shall meet at least annually and shall elect a Chair and a
Clerk. A majority of the Town Meeting Members of the precinct serving at the time of the precinct meeting
shall constitute a quorum thereof. A majority vote cast at a precinct meeting shall be sufficient to fill
vacancies, elect a Chair or Clerk, or conduct other business. The Chair or Clerk shall certify any vote taken
at a precinct meeting to the Town Clerk.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
2.8 Compensation
Town Meeting Members shall serve without compensation.
2.9 Presiding Officer
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A Moderator, chosen in accordance with the provisions of Section 3.6, 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 Members. In the absence of the Moderator, the Town Meeting shall
elect a Moderator pro tempore.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
2.10 Clerk of the Town Meeting
The Town Clerk shall serve as the Clerk of the Town Meeting. In the event of his unavoidable absence, the
Town Clerk may designate a substitute; otherwise, the Moderator shall appoint a Clerk pro tempore. The
Clerk shall give notice of all Town Meetings to Town Meeting Members and to the public and keep the
journal of Town Meeting proceedings.
2.11 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 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, 2005]
2.12 Establishment of Standing Committees
The Town Meeting may establish boards or committees to which may be referred Warrant Articles for
study, review and report in advance of the sessions of the Town Meeting. All meetings of such boards or
committees shall be conducted in accordance with the provisions of the Open Meeting Law, Massachusetts
General Laws Chapter 30A, Sections 20 through 22, inclusive.
In establishing such boards or committees, the Town Meeting shall provide for the appointment of
members either by an 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]
2.12.1 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 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 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 majority vote of an Appointment Committee chaired
by the Moderator and consisting of the Moderator, the Chairman of the Board of Selectmen, and the
Chairman of the Finance Committee. The Appointment Committee shall fill any vacancy on the Finance
Committee.
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The Finance Committee shall have all the powers and duties granted to Finance Committees by the laws of
the Commonwealth of Massachusetts, Town Bylaw, any 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 submit a written report to the Town Meeting setting
forth its findings, approvals or disapprovals on all Articles in the Warrant that involve the expenditure of
funds. The Finance Committee shall take reasonable action to submit its report at least seven (7) days
(see Sec.8.5) before Town Meeting; provided, however, that such report shall not preclude further action
or reconsideration by the Finance Committee.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
2.12.2 Bylaw Committee
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 majority vote of an Appointment Committee chaired by
the Moderator and consisting of the Moderator, the Chair of the Board of Selectmen, and the Chair of the
Bylaw Committee. The Appointment Committee shall fill any vacancy on the Bylaw Committee.
The Bylaw Committee may propose and shall consider Town Meeting Warrant articles offering changes in
the Charter, General Bylaws, petitions for special acts, or local acceptance of State Statutes that are
subject to Town Meeting acceptance; and may consider Zoning Bylaw changes and shall submit a written
report to the Town Meeting setting forth its findings on all such Articles in the Warrant. The Bylaw
Committee shall take reasonable action to submit its report to the Town Meeting at least seven (7) days
(see Sec.8.5) before Town Meeting; provided, however, that such report shall not preclude further action
or reconsideration by the Bylaw Committee.
Within one (1) year of any adopted change to the Charter, the Bylaw Committee shall propose any
revisions to the General Bylaws that it deems to be necessary as a result of such change.
The Bylaw Committee shall review the General Bylaws at least every ten (10) years and submit a written
report to the Town Meeting setting forth any recommended changes.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
2.12.3 Rules Committee
There shall be a Rules Committee, chaired by the Moderator who shall be a non - voting member, and
consisting of the Precinct Chairs. The Rules Committee may, from time to time, review all aspects of the
operation of Town Meeting and submit a written report to the 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]
2.13 Warrant Articles
Except for procedural matters, all subjects to be acted upon by the Town Meeting shall be placed on a
Warrant therefor issued by the Board of Selectmen. The Board of Selectmen shall place on such Warrants
all subjects submitted by:
(a) Any two (2) or more members of the Board of Selectmen;
(b) Any board or committee;
(c) Any ten (10) or more voters for the Annual, Subsequent or Special Town Meeting as
defined in Section 2.14; or
(d) Any other person or entity as may be authorized by Town Bylaw or otherwise.
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All subjects timely submitted to the Board of Selectmen pursuant to this section shall be placed on a
Warrant for the next scheduled Annual, Subsequent or Special Town Meeting.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
All Articles submitted pursuant to Section 2.13(a) shall include the names of all of the Selectmen
sponsoring such article. Sponsorship of Articles submitted pursuant to Section 2.13(b) shall be designated
as: "The Board of Selectmen as a courtesy to (insert name of Board or Committee requesting the Article)."
Promptly upon receipt by the Board of Selectmen of any subject for a Town Meeting Warrant Article, a
copy of the Article shall be made available for inspection in the Office of the Town Clerk.
2.14 Meetings
The Town Meeting shall meet at least twice in each calendar year. The Annual Town Meeting shall be held
during the first six (6) calendar months of the year at a time fixed by Town Bylaw, and shall be primarily
concerned with the determination of matters that have a fiscal impact on the Town, including the adoption
of an annual operating budget for all Town Agencies other than the Reading Municipal Light Department. A
Subsequent Town Meeting shall be held during the last three (3) calendar months of the year at a time
fixed by Town Bylaw. In addition to the two (2) 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 therefor as it
deems necessary or appropriate for the purpose of acting upon the legislative business of the Town in an
orderly and expeditious manner. The Board of Selectmen shall call a Special Town Meeting upon the
receipt of a petition with two hundred (200) or more signatures of voters, as certified by the Board of
Registrars of Voters.
2.15 Referendum Procedures
No final affirmative vote of a Town Meeting on any Warrant Article shall be effective until after the
expiration of seven (7) days (see Sec.8.5) following the dissolution of the Town Meeting except:
(a) Votes appropriating money for the payment of notes or bonds of the Town and interest
becoming due within the then current fiscal year;
(b) Votes for the temporary borrowing of money in anticipation of revenue; or
(c) A vote declared by a preamble, and adopted by a two- thirds (2/3) vote of the 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 pursuant to Section 2.15.1 within the said seven (7) days (see
Sec.8.5), the remaining votes of the Town Meeting shall then become effective.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
2.15.1 Referendum Petition - If, within said seven (7) days (see Sec.8.5), a referendum
petition signed by not fewer than three percent (3 %) of the voters, as certified by the Board of Registrars
of Voters, containing their names and addresses, is filed with the Board of Selectmen requesting that any
of the remaining affirmative votes of the Town Meeting be submitted to the voters in the form of a ballot
question, then the effectiveness of such Town Meeting vote shall be further suspended pending its
determination as provided herein. The Board of Selectmen shall, within ten (10) days after the filing of
such referendum petition, call a Special Election, 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 such ballot question to the
voters; provided, however, that, if 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 such ballot
question be presented to the voters at that Election.
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2.15.2 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 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 copies of the petition form, but such
copies must be exact duplicates thereof, and the 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, shall be allowed on any area of the petition form or any copy thereof. Any petition form
or copy thereof containing such extraneous markings or alterations or that are not exact duplicates shall
be invalid, and no signatures contained thereon shall be counted toward the required number. For the
purpose of this prohibition, the term "extraneous markings" 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, 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 thereof more than once; and that, if they are prevented by
physical disability from writing, they may authorize some person to write their name and address 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."
Upon request, the Town Clerk shall provide Town referendum petition /ballot question forms with the final
article language voted at Town Meeting.
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.
2.15.3 Election - Any ballot question submitted in accordance with the procedure set forth
herein shall be determined by majority vote thereon, but no action of the Town Meeting shall be reversed
unless at least twenty percent (20 %) of the voters cast ballots on the ballot question.
[Amended November 15, 2010 - Article 16]
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, Board of Library
Trustees, Municipal Light Board of Commissioners, Moderator and such members of regional authorities or
districts as may be established by statute, intergovernmental agreement executed pursuant to Section 1.5
or otherwise.
Only a registered voter of the Town shall be eligible to hold any elective town office; provided, however,
that 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 serve without compensation unless otherwise specifically voted by Town
Meeting.
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Elected Town Officers 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
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act.
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 granted to Boards of Selectmen by the Constitution and General
Laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be provided
by the Charter, by Town Bylaw, or by 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.
The Board of Selectmen shall appoint a Town Manager, a Town Counsel, a Town Accountant, not more
than five (5) Constables, and any other appointed board or committee member for whom no other method
of selection is provided by the Charter or by Town Bylaw.
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, 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
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
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.
The School Committee shall have all of the powers and duties granted to School Committees by the
Constitution and General Laws of the Commonwealth of Massachusetts and such additional powers and
duties as provided by the Charter, by Town Bylaw or by Town Meeting vote.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
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 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 granted to Boards of Library Trustees
by the Massachusetts General Laws, and such additional powers and duties as may be authorized by the
Charter, by Town Bylaw or by Town Meeting vote.
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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, that the Town Manager or his designee shall have responsibility for the maintenance of the
Library building and grounds. The Board of Library Trustees shall appoint a Library Director and shall
define his duties and terms of employment, subject to the personnel policies and classification and
compensation plans established by the Board of Selectmen.
The Board of Library Trustees shall administer all 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 Liaht 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 all the powers and duties granted to cities and
towns in respect to municipal lighting plants by 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 Town Bylaw, or by Town Meeting vote.
The Municipal Light Board of Commissioners shall hire the General Manager of the Municipal Light
Department and set his duties and terms of employment.
The Municipal Light Board of Commissioners shall appoint the Accounting Manager or Chief Accountant of
the Municipal Light Department and appoint Counsel to the 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 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 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]
3.6 Moderator
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There shall be a Moderator elected for a one (1) year term.
January 6, 2015
The Moderator shall have all of the powers and duties granted to Moderators by the Constitution and
General Laws of the Commonwealth of Massachusetts, and such additional powers and duties as provided
by the Charter, by Town Bylaw or by Town Meeting vote. The Moderator shall not simultaneously serve as
an elected Town Meeting Member or in any other elected Town office.
ARTICLE 4 APPOINTED BOARDS OR COMMITTEES
4.1 Board of Assessors
There shall be a Board of Assessors 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 Assessors shall have all the powers and duties granted to Boards of Assessors by the
Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter,
by Town Bylaw or by Town Meeting vote.
The elected members of the Board of Assessors serving at the time that 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 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 all the powers and duties granted to Boards of Cemetery
Trustees by the Massachusetts General Laws, and such additional powers and duties as may be provided
by the Charter, by Town Bylaw or by Town Meeting vote.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
4.3 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 its members to serve as a full voting
member ex officio, and the Town Treasurer shall serve as a full voting member ex officio.
The Board of Commissioners of Trust Funds shall have such powers and duties as are granted to them by
the Board of Selectmen.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
4.4 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 shall have all of the powers and duties granted to Boards of Health by the
Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter,
by Town Bylaw or by Town Meeting vote.
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4.5 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.
The Community Planning and Development Commission shall have all of the powers and duties granted to
Planning Boards, Boards of Survey and Industrial Development Commissions by the Massachusetts
General Laws, and such additional powers and duties as may be provided by the Charter, by Town Bylaw
or by 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; and 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]
4.6 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 granted to Conservation Commissions
by the Massachusetts General Laws, and such additional powers and duties as may be provided by the
Charter, by Town Bylaw or by Town Meeting vote.
4.7 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
yea r.
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 may be provided by the Charter, by Town Bylaw
or by Town Meeting vote.
4.8 Historical Commission
There shall be a Historical Commission appointed by the Board of Selectmen, which shall 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 granted to Historical Commissions by the
Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter,
by Town Bylaw or by Town Meeting vote.
4.9 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 Department of Housing and Community Development 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.
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The Housing Authority shall have all of the powers and duties granted to housing authorities by the
Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter,
by Town Bylaw or by Town Meeting vote.
4.10 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 have such powers and duties as are granted to them by the Board of
Selectmen, and such additional powers and duties as may be provided by the Charter, by Town Bylaw or
by Town Meeting vote.
The Recreation Committee shall be responsible for the evaluation of recreational program activities,
formulation of overall plans for recreational program development, and for the scheduling of Town parks
and recreational facilities when not in use by the School Department.
4.11 Town Forest Committee
The shall be a Town Forest Committee, appointed by the Board of Selectmen, which shall 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 may be provided by the Charter,
by Town Bylaw, by the Board of Selectmen or by Town Meeting vote.
4.12 Zoning Board of Appeals
There shall be a Zoning Board of Appeals consisting of five (5) members and two (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 all the powers and duties of Zoning Boards of Appeal under the
Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter,
by Town Bylaw or by Town Meeting vote.
[Amended November 17, 2005 - Article 22 and approved by vote of the Town on April 4, 2006]
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 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 the Moderator, one (1) member or designee of the Board of Selectmen,
one (1) member or designee of the School Committee, one (1) member or designee of the Board of
Library Trustees, one (1) member or designee, of the Municipal Light Board of Commissioners, one (1)
member of the Bylaw Committee and three (3) Town Meeting members to be appointed by the Moderator.
4.14 Other Boards or Committees
Any of the elected boards or committees authorized by Article 3 may establish and appoint or dissolve
boards or committees from time to time for a specific purpose. Members of such boards or committees
shall reside in the Town of Reading at the time of their appointment and during their term of office.
The appointing authority of any such board or committee shall, in advance of the first meeting of said
board or committee and annually thereafter, report the purpose, membership and contact information of
said board or committee to the Town Clerk.
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[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]
4.15 Associate Membership
All appointed boards or committees authorized by Article 4 may have associate members if specified in the
Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same
manner as other members of the board or committee. All rules and regulations relating to associate
membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision
defining the conduct of such bodies.
Associate members may not 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 the Charter, Town Bylaw or the
Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as
an associate member for less than one hundred and eighty (180) days following his initial appointment
except as allowed by the Massachusetts General Laws.
ARTICLE 5 TOWN MANAGER
5.1 Appointment, Oualifications and Term
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act,
The Board of Selectmen shall appoint a Town Manager, who 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.
The Town Manager shall devote full time to his office and, except as expressly authorized by the Board of
Selectmen, shall not engage in any other business or occupation. Except as expressly provided in the
Charter, he shall not hold any other public 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, commissions or similar entities, but shall not receive any 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) months'
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 his intent to leave. This benefit
shall 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]
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[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 powers and duties shall include:
(a) To supervise and be responsible for the efficient administration of all functions under his
control, as may be authorized by the Charter, by Town Bylaw, by Town Meeting vote or by the Board of
Selectmen, including all officers appointed by him and their respective departments.
(b) To appoint and remove, subject to the civil service laws where applicable, the Police
Chief, Fire Chief, Appraiser and all 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 or
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. The Town Manager's appointment of the Appraiser shall be
subject to confirmation by the Board of Assessors.
(c) To administer all personnel policies, practices and related matters for all municipal
employees as established by any compensation plan, personnel policy guide or Town Bylaw, and all
collective bargaining agreements entered into by the Board of Selectmen on behalf of the Town.
(d) To fix the compensation of all Town officers and employees appointed by him within the
limits established by applicable appropriations and any compensation plan adopted by the Town Meeting.
(e) To attend all regular and special meetings of the Board of Selectmen, unless excused at
his own request, and to have a voice, but no vote, in all discussions.
(f) To attend all sessions of Town Meetings and to answer all questions directed to him that
are related to his office.
(g) To see that all of the provisions of the Massachusetts General Laws, of the Charter, of
the Town Bylaws, of Town Meeting votes, and of votes of the Board of Selectmen that require enforcement
by him or Town Officers and employees subject to his direction and supervision are faithfully carried out.
(h) To prepare and submit a proposed Annual Operating Budget and a Capital
Improvements Program in accordance with Article 7.
(i) To ensure that a full and complete record of the financial and administrative activities of
the Town is kept, and 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.
(j) To keep the Board of Selectmen fully informed as to the financial condition and needs of
the Town and to make such recommendations to the Board of Selectmen as he may deem necessary or
appropriate.
(k) To have full responsibility for the rental and use of all Town facilities, except those under
the care, custody, management and control of the School Committee, the Board of Library Trustees, the
Municipal Light Board of Commissioners, or other boards or committees specified by Town Bylaw or Town
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Meeting vote. He or his designee shall be responsible for the maintenance and repair of all Town property
under his control.
(1) To inquire into the conduct of any Town Officer, employee or department under his
control.
(m) To keep a full and complete inventory of all real and personal property of substantial
value belonging to the Town.
(n) To serve as Chief Procurement Officer pursuant to the provisions of Massachusetts
General Laws Chapter 30B and to be responsible for purchasing all supplies, materials, equipment, goods
and services, except those of the School Committee and the Municipal Light Board of Commissioners; to
negotiate and approve the award of all contracts for all departments and activities of the Town except
those of the 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, equipment or
goods delivered to or received by any Town Agency.
(o) To approve any warrants for the payment of Town funds prepared by the Accountant in
accordance with the provisions of the Massachusetts General Laws; provided, however, that the approval
of any such warrant by the Town Manager shall be sufficient to authorize payment by the Town Treasurer,
and provided further that the Board of Selectmen shall approve such warrants in the event of a vacancy in
the office of Town Manager.
(p) To serve as the Executive Officer of the Town for the purposes of Massachusetts General
Laws Chapter 258.
(q) To perform any other duties required of him by the Charter, by Town Bylaw, by 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 Town employee to act as an Ombudsman to all citizens in their day -to-
day contacts and dealings with the Town, its officials and boards or committees. The function of the
Ombudsman shall be:
(a) To direct the citizens to the proper Town Officer, 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 as 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
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Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act.
5.4.1 Temporary Absence - By letter filed with the Town Clerk and the Board of Selectmen,
the Town Manager shall designate a qualified individual to serve as Acting Town Manager during any
anticipated temporary absence, not to exceed thirty (30) days.
5.4.2 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 individual to serve
as Acting Town Manager until the Town Manager returns.
5.4.3 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 individual to serve
as Acting Town Manager under terms of employment to be determined by the Board of Selectmen. 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) days.
5.4.4 Powers - Except as authorized by a four - fifths (4/5) vote of the Board of Selectmen,
the powers of an Acting Town Manager 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:
5.5.1 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.
5.5.2 Public Hearing - Within five (5) days (see Sec.8.5) 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 such
request is submitted. Not less than five (5) days (see Sec.8.5) prior to such hearing, written notice thereof
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. Not less than forty -eight (48) hours prior to the time set for
the commencement of the public hearing, the Town Manager may file a written statement with the Board
of Selectmen responding to the reasons cited for the proposed removal. The Town Manager may be
represented by counsel at the public hearing, and 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]
5.5.3 Removal - The Board of Selectmen may, by a vote of a majority of its members, adopt
a final resolution of removal, which shall be effective upon its adoption; provided, however, that such
resolution shall not be adopted until:
(a) Ten (10) days after the date of delivery to the Town Manager of the preliminary
resolution of removal; or
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(b) If the Town Manager has made a timely request for a public hearing, five (5) days (see
Sec.8.5) after completion of the public hearing or forty -five (45) days after the adoption of the
preliminary resolution, whichever occurs later.
Failure to adopt a final resolution of removal within the time limitations provided in this section shall be
deemed to 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.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
ARTICLE 6 ADMINISTRATIVE ORGANIZATION
6.1 Organization of Town Agencies
The organization of the Town into operating Town Agencies 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]
For the convenience of the public, the Table of Organization shall be printed as an appendix to, but not as
part of, the Bylaws 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]
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
6.2 Town Counsel
Appointment and Qualifications - The Board of Selectmen 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.
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
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]
6.3 Town Accountant
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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
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 and shall serve until the qualification of his successor.
[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. In
addition to the powers and duties conferred and imposed upon Town Accountants by the Massachusetts
General Laws, his powers and duties shall include:
(a) To prescribe the methods of installation and exercise supervision of all accounting
records of Town Agencies and Town Officers; provided, however, that any change in the system of
accounts shall be made only after consultation with the Town Manager and the Town Agencies affected.
(b) To 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; and to prepare and issue rules, regulations and
instructions relating thereto that, when approved by the Town Manager, shall be binding upon all Town
Agencies and employees.
(c) To draw all warrants upon the Town Treasurer for the payment of bills, drafts and orders
chargeable to the appropriations of the Town Meeting and other accounts.
(d) Prior to submitting any warrant to the Town Manager, to 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 Officer. 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.
(e) To 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 resume his duties, or until another Town Accountant is duly appointed, in the same
manner as an original appointment, for the remainder of the unexpired term.
6.4 Town Treasurer
Appointment and Qualifications - There shall be a Town Treasurer, appointed by the Town Manager.
The Town Treasurer shall be qualified in accordance with the Massachusetts General Laws.
[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.
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Powers and Duties - In addition to the powers and duties conferred and imposed upon Town Treasurers
by the Massachusetts General Laws, the powers and duties of the Town Treasurer shall include:
(a) To supervise and be responsible for the prompt deposit, safekeeping and management
of all monies collected or received by the Town.
(b) To be the custodian of all funds, moneys, securities or other things of value that 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;
to invest all sums held in trust as he determines to be appropriate after consultation with the Board of
Commissioners of Trust Funds; and to distribute the income therefrom on the order of said Board.
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.
Powers and Duties - In addition to the powers and duties conferred and imposed upon Town Collectors
by the Massachusetts General Laws, the powers and duties of the Town Collector shall include:
(a) To 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) To 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 Town Bylaw.
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.
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ARTICLE 7 BUDGET AND CAPITAL IMPROVEMENTS PROGRAM
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 news 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 requested by the School Committee shall be submitted to the Town Manager at least five (5)
months before the start of the fiscal year to enable him to prepare the total Town budget pursuant to
Section 7.2.
Public Hearing - At least fourteen (14) days before the meeting at which the School Committee is to
vote on its budget request, the School Committee shall cause to be published in a local news medium a
general summary of such budget request. The summary shall indicate specifically any major variations
from the current year's budget and the reasons for such variations and a notice stating the times and
places where complete copies of the budget shall be available for examination by the public, as well as the
date, time and place, not less than seven (7) days (see Sec.8.5) following such publication, when a public
hearing shall be held by the School Committee on the budget request.
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. The Budget Message shall include a current
Table of Organization and may include a proposed Table of Organization.
7.5 The Proposed Budget
The proposed budget shall provide a complete financial plan for all Town funds and activities; shall be
balanced to the funds available; and shall present 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 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 maximum financial control. The proposed budget shall 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.
(b) Proposed capital expenditures during the ensuing fiscal year, detailed by Town Agency,
and the proposed method of financing each such capital expenditure.
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(c) 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.
(d) All encumbered funds from prior fiscal years.
7.6 Action on the Budget
7.6.1 Public Hearing - The Finance Committee shall, forthwith upon receipt of the proposed
budget, provide for publication in a local news 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.
7.6.2 Finance Committee Meetings - The Finance Committee shall consider in public
meetings the detailed expenditures proposed by the Town Manager for each Town Agency, and may
confer with representatives of any such Town Agency in connection with 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 responsibilities.
7.6.3 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 action on the budget Warrant Article is to begin. The budget to be acted
upon by the Town Meeting shall be the budget as proposed by the Finance Committee; provided, however,
that such budget may be amended by the Town Meeting.
7.6.4 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.
Such Capital Improvements Program shall contain:
(a) A 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.
The Capital Improvements Program may further contain the estimated annual cost of operating and
maintaining each such capital improvement. This information may be annually revised with regard to the
capital improvements still pending or in the process of being acquired, improved or constructed.
ARTICLE 8 GENERAL PROVISIONS
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,
The Town Clerk shall be authorized to make non - substantive numbering changes to the component
provisions of the Articles of the Charter from time to time as he deems appropriate.
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[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 the
Preamble.
8.3 Specific Provisions Prevail
To the extent that any specific provision of the Charter may conflict with any provision expressed in
general terms, the specific provision shall be deemed to prevail.
8.4 References to Massachusetts General Laws
All references to the Massachusetts General Laws 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 is specified, only days that Town Hall is
open to the general public shall be counted; if more than seven (7) days is specified, every calendar 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.
8.7 Rules and Regulations
A copy of all Rules and Regulations adopted by any Town Agency shall be filed in the Office of the Town
Clerk and made available for review by any person upon request provided, however, that such Rules and
Regulations shall become effective ten (10) days following their adoption, whether or not they are so filed.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
8.8 Procedures of Boards or Committees
8.8.1 Meetings — All boards or committees shall meet at such times and places as they may,
by their own rules, prescribe. Additional meetings of any board or committee shall be held on the call of
the respective chair or by a majority of the members thereof.
8.8.2 Rules and Minutes - Each board or committee shall determine its own rules and order
of business unless otherwise provided by the Charter or by Town Bylaw and shall provide for the keeping
of minutes of its proceedings. Copies of these rules and minutes shall be publicly available in the Office of
the Town Clerk and in the Library.
8.8.3 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. A
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majority vote shall be necessary to adopt any motion, order, appointment or approval to take any action
not entirely procedural in nature.
8.8.4 Quorum - A majority of the number of members of a boards or committees specified in
the Charter or other action creating such board or committee shall constitute a quorum thereof, but a
smaller number may adjourn a board or committee meeting from time to time.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
8.9 Elections
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act. Note that this section will be renumbered from 8.11 to
8.9 in the first motion however.
8.9.1 Annual Town Elections - The choice of elected Town Officers and Town Meeting
Members, as well as referendum questions, shall be acted upon and determined on the date fixed by Town
Bylaw by voters on official ballots without party or other designation.
8.9.2 Procedures - All elections held pursuant to the Charter shall be conducted in accordance
with the election laws of the Commonwealth of Massachusetts.
8.9.3 Any 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]
8.10 Vacancies on Boards or Committees
Whenever a new board or committee is established, or a vacancy occurs on any existing board or
committee, the appointing authority shall forthwith cause notice of the vacancy to be publicly available for
not less than fifteen (15) days. Any person who desires to be considered for appointment to the position
may, 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]
8.11 Recall Procedures
Revisions to certain sections in the Charter are beyond the scope of the Charter Review Committee and
the local voters. The proposed new language is shown below, but this section will not be part of the
motion for this Warrant Article. Instead it will be included in the next Warrant Article and sent to the State
Legislature as part of the request for a Special Act. Note that this section will be renumbered from 8.13 to
8.11 in the first motion however.
8.11.1 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 a Town Officer
within three (3) months after he takes office.
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8.11.2 Recall Petition - Two hundred and fifty (250) or more voters, including at least twenty -
five (25) voters from each of the precincts into which the Town is divided, may file with the Town Clerk an
affidavit containing the name of the Town Officer whose recall is sought and a sworn statement of the
grounds upon which the affidavit is based. The Town Clerk shall, within twenty -four (24) hours of receipt,
submit the affidavit to the Board of Registrars of Voters who shall forthwith certify thereon the number of
signatures that are names of voters. A copy of the affidavit shall be entered in a record book to be kept in
the office of the Town Clerk.
If the affidavit contains sufficient signatures, the Town Clerk shall deliver to the first ten voters listed upon
the affidavit, blank petition forms, in such number as requested, demanding such recall, with his signature
and official seal attached thereto. They shall be dated and 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
and the grounds for recall as stated in the affidavit; and shall demand the election of a successor to the
office held by such person. 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; provided, however, that not more than twenty -
five percent (25 %) of the total number signatures may be from voters registered in any one precinct.
8.11.3 Recall Election - If the petition is certified by the Board of Registrars of Voters to be
sufficient, it shall forthwith submit the petition with its certificate to the Board of Selectmen. Upon its
receipt of the certificate, the Board of Selectmen shall forthwith give written notice of the petition and
certificate to the Town Officer whose recall is sought, by mail, postage prepaid, to his address as shown
on the most recent voting list; and shall cause notice of the petition and certificate to be publicly available.
If such Town Officer 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 certificate of the Board of Registrars of Voters; provided, however, that if 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.
8.11.4 Nomination of Candidates - No Town Officer whose recall is sought may 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 the election shall all be in accordance with the
provisions of law relating to elections.
8.11.5 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 Officer)
Against the recall of (name of Town Officer)
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 pursuant to
Massachusetts General Laws Chapter 54, Section 42.
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 and the incumbent shall be deemed removed upon the
qualification of his successor, who shall hold office during the unexpired term; provided, however, that, if
the successor fails to qualify within five (5) days after receiving notification of his election, the incumbent
shall thereupon be deemed removed and the office shall be deemed vacant.
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If a majority of votes cast upon the question of recall is in the negative, no candidate shall be declared
elected, and the Town Officer whose recall was sought shall continue in office for the remainder of his
unexpired term, subject to recall as before.
8.11.6 Repeat of Recall Petition - No recall petition shall be filed against a Town Officer
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.
[Amended November 15, 2004 - Article 16 and approved by vote of the Town on April 5, 2005]
8.12 Removal of an Appointed Board or Committee Member
8.12.1 The appointing authority may remove an appointed member of a board or committee
with more than six (6) months remaining in the term for which he was appointed. The process for such
removal may be initiated in any of three methods:
(a) The appointing authority may, by majority vote, cause a notice of removal to be filed
with the Town Clerk;
(b) A board or committee may, by majority vote, submit a written request that the
appointing authority remove one of its members, specifying the grounds for such removal request in
writing and causing a notice of removal to be filed with the Town Clerk;
(c) One hundred (100) or more voters may file with the Town Clerk a petition requesting
the removal of a member of a board or committee, specifying the grounds for such removal. Upon
certification by the Board of Registrars of Voters of a sufficient number of valid signatures, the Town Clerk
shall immediately notify the appointing authority thereof.
8.12.2 Public Hearing - A public hearing shall be convened by the appointing authority not
less than twenty (20) nor more than thirty (30) days after a notice, request or valid petition for removal is
filed with the Town Clerk. Not less than five (5) days (see Sec.8.5) prior to such hearing, written notice
thereof shall be given by the Town Clerk to the board or committee member whose removal is sought, by
mail, postage prepaid, to his last known address. Not less than forty -eight (48) hours prior to the time
set for the commencement of the public hearing, 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.
The board or committee member may be represented by counsel at the public hearing, and shall be
entitled to present evidence, call witnesses and, personally or through counsel, question any witnesses
appearing at the hearing.
8.12.3 Removal - The appointing authority may, by majority vote, adopt a final resolution of
removal, which shall be effective upon adoption. Failure to adopt a final resolution of removal within thirty
(30) days of the public hearing shall be deemed to be a disapproval of such resolution. 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.
8.13 Resignation of Town Officers
Any person holding an elective or appointive office may resign his office by filing a notice of resignation
with the Town Clerk, and such resignation shall be effective immediately upon such filing, unless a time
certain is specified therein when it shall take effect.
8.14 Town Seal
The Town Seal in existence at the time of adoption of the Charter shall continue to be the Town Seal and
shall be kept in the custody of the Town Clerk. Papers or documents issued by any Town Officer or Town
Agency may be attested by use of the Town Seal.
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or take any other action with respect thereto.
January 6, 2015
Background: Please refer to the Reading Home Rule Charter Translation Guide separate handout.
Bylaw Committee Report - given by Steve Crook: The Bylaw Committee recommends this Article
by a vote of 4 -0 -0 at their meeting on December 8, 2014.
Finance Committee Report: No report
Board of Selectmen Report: The Board of Selectmen at their meeting on December 9, 2014 voted
4 -0 -0 to support this Article.
Board of Assessors Report: The Board of Assessors at their meeting on November 18, 2014 voted
2 -0 -0 to support this Article.
The Reading Charter Review Committee has recommended that the Board of Assessors be appointed by
the Board of Selectmen under the new charter. It is understood that such a change, if adopted, would not
have any practical effect until 2016 when Golden's current three year term of office expires.
The Town Manager has asked this Board to comment on the proposed change.
Santaniello read the existing (under Article 3) and proposed language (under Article 4). There is a
transition rule, under which previously elected Board members would be allowed to continue in office until
the end of their respective terms after which time they could seek reappointment.
Golden and Santaniello then discussed their experiences (good and bad) serving on or working with
different Boards in multiple communities over many years. Golden noted that each member of the Beverly
and Watertown Board of Assessors receive annual stipends of $8,000 and $5,000, respectively. The
members of these boards are appointed to their posts. On the other hand, the members of the Wakefield
Board of Assessors are elected to their posts and, as in Reading, receive no compensation.
Quinn had prepared a memorandum (see below) which he handed to Golden and Santaniello for review
and comment. Both concluded that the memorandum fairly reflected their own views on the subject. A
copy of this memorandum is appended hereto.
In the opinion of all those present, the members of the Reading Board of Assessors should be vetted and
appointed by the Board of Selectmen under the new charter in order to ensure the seating of qualified
individuals.
The problem that remains is how to expand the pool of qualified applicants willing to serve on a volunteer
basis. It was not known whether the new charter would limit Board membership to Reading residents only.
Golden noted that all new Board members are required to complete a three day course 101 offered by
MADOR within a prescribed time frame.
A motion by Quinn seconded by Golden that the Board endorse and otherwise support the
recommendations of the Reading Charter Review Committee in this matter was approved by a vote of 2 -0-
0.
Charter Review - Bob Quinn's Comments
Introduction:
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SPECIAL TOWN MEETING
Reading Memorial High School
Preforming Arts Center
January 6, 2015
I understand that the Reading Charter Review Committee ( "CRC ") has unanimously recommended that
the Board of Assessors ( "Board" or "BOA ") be appointed by the Board of Selectmen ( "BOS ") under the
new charter.
The Town Manager has requested this Board to comment on the proposed change.
The following are my personal views on this subject and are not necessarily those of my fellow BOA
members, Victor or his staff.
Background:
It should be noted that a similar proposal to amend Reading's Charter came before Town Meeting in 2011
in the form of Article 22. As I recall, the Town Manager would have appointed the members of the BOA
had this article been approved by Town Meeting.
The proponents of Article 22 argued that the election process itself may discourage qualified individuals
from serving on the BOA. I believe this to be true. They also correctly noted the technical nature of the
Board's work and the difficulty in filling past vacancies.
However, Town Meeting overwhelmingly rejected Article 22, opting instead to preserve the
"independence" of the Board of Assessors through the continued direct election of its members.
In the three years since, the membership of the BOA (as well as the BOS) has changed completely. The
election results follow:
In 2012, I won the seat of a retiring Board member with 1,916 votes. My opponent received 1,733 votes.
There were 4,157 ballots cast; voter turn -out was 24.5 %. I am not aware of any other contested election
for a seat on Reading's BOA.
In 2013, Frank Golden won the seat of a retiring Board member with eleven (11) write -in votes. The
runner -up had four (4). There were 3,207 ballots cast; voter turn -out was 18.2 %.
In 2014, Bob Marshall won the seat of another retiring Board member with a write -in campaign that
netted him thirty four (34) votes. The runner -up had six (6). There were 4,468 ballots cast; voter turn -out
was 25.0 %.
Mr. Golden and Mr. Marshall are both experienced assessing professionals; one would be very hard
pressed to find anyone more qualified and willing to serve on the Board.
Even so, together they netted 0.6% of the total votes cast in the previous two elections. I'd argue that
they were "elected" only in a symbolic sense.
My Personal Opinion:
I fully support CRC's recommendation that the Board of Assessors be appointed by the Board of Selectmen
(an elected body). My hope is that the BOS would consult with the continuing BOA members during the
appointment process.
I understand that the members of FINCOM and other committees requiring specific technical expertise are
currently vetted and appointed by BOS. I don't see any compelling reason why the BOA should be treated
any differently.
Under a related proposal, the Town Manager would appoint the appraiser, subject to the approval of the
BOA. I understand that the Town Manager currently appoints the Police and Fire Chiefs, in a similar
fashion, subject to the approval of the BOS.
321 Page
SPECIAL TOWN MEETING
Reading Memorial High School
Preforming Arts Center
January 6, 2015
I also support this approach. I believe that the Town Manager is much better positioned to access the
Town resources (HR, procurement, legal etc.) needed to efficiently vet potential candidates, especially in
the context of current and potential future cost sharing arrangement(s) with other towns.
Sincerely,
Robert J. Quinn, Jr., Board of Assessors
November 18, 2014
CPDC Report: The CPDC at their meeting on December 8, 2014 voted 3 -0 -0 to support this Article.
In addition, they request that "a provision be made for (CPDC) associate membership in the appropriate
document (general bylaws) ".
Motion to amend 1.6 made by Mary Ellen O'Neill, Precinct 4 as follows:
Local News Medium - The term "local news medium" shall mean both a newspaper Of and at least
one other means or channel of information communication to which the general public has access within
the Town.
Motion Does Not Carry
Motion to amend 1.6 made by Bruce Mackenzie, Precinct 8 as follows:
Local News Medium - The term "local news medium" shall mean a newspaper Of and, website, or
other means or channel of information communication to which the general public has access within the
Town.
Motion Does Not Carry
Motion to amend 2.3 made by Angela Binda, Precinct 5 as follows:
In the event of a tie vote, resulting in a failure to elect the full number of Town Meeting Members in any
precinct, the vacancy created thereby shall be filled until expiration of the term the next Annual T..wn
Eleetien by a vote of the remaining Town Meeting Members of the precinct, provided, however, that the
balance of any unexpired term shall be filled at the next Annual Town Election. In the event of such a
vacancy, the Town Clerk shall give written notice of the tie vote and the vacancy created thereby, to the
remaining Town Meeting Members of that 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.
Motion Does Not Carry
Motion made by Thomas Ryan, Precinct 1 to move 4.1 to 3.1 and to amend as follows:
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SPECIAL TOWN MEETING
Reading Memorial High School
Preforming Arts Center
January 6, 2015
There shall be a Board of Assessors consisting of three (3) members
elected 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 granted to Boards of Assessors by the
Massachusetts General Laws, and such additional powers and duties as may be provided by the Charter,
by Town Bylaw or by Town Meeting vote.
The elected members of the Board of Assessors serving at the time that 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.
Motion Does Not Carr
Motion made by Dan Ensminger, Precinct 7 to amend 4.15 as follows:
All appointed boards or committees authorized by Article 4 may have associate members if specified in the
Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same
manner as other members of the board or committee. All rules and regulations relating to associate
membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision
defining the conduct of such bodies.
Associate members may not 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 the Charter, Town Bylaw or the
Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as
an associate member for less than one hundred and eighty (180) days following his initial appointment
except as allowed by the Massachusetts General Laws. Associate members of boards or committees
serving as of the effective date of this Section 4.15 shall be allowed to serve until the end of
their term or until June 30, 2015 whichever comes first.
No Vote Taken - Lack of Ouorum - Tabled
Motion made by John Sasso, Precinct 2 to amend 4.15 as follows:
All appointed boards or committees authorized by Article 4 may have associate members if specified in the
ChaFter, Tewn Bylaw eF "^.,,., aEh setts General Laws. Associate members shall be appointed in the same
manner as other members of the board or committee. All rules and regulations relating to associate
membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision
defining the conduct of such bodies.
Associate members may not 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 the Charter, Town Bylaw or the
Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as
an associate member for less than one hundred and eighty (180) days following his initial appointment
except as allowed by the Massachusetts General Laws.
No Vote Taken - Lack of Ouorum - Tabled
341 Page
SPECIAL TOWN MEETING
Reading Memorial High School January 6, 2015
Preforming Arts Center
Motion made by Angela Binda, Precinct 5 to amend 4.15 as follows:
All appointed boards or committees authorized by Article 4 may have associate members if specified in the
Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same
manner as other members of the board or committee. All rules and regulations relating to associate
membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision
defining the conduct of such bodies.
Associate members may not 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 the Charter, Town Bylaw or the
Massachusetts General Laws. In no case may an associate member vote on any issue if he has served as
an associate member for less than ninety (90) days following his initial
appointment except as allowed by the Massachusetts General Laws.
No Vote Taken - Lack of Ouorum - Tabled
Motion made by, Charles Donnelly -Moran Precinct 7 to amend 4.15 as follows:
All appointed boards or committees authorized by Article 4 may have associate members if specified in the
Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same
manner as other members of the board or committee. All rules and regulations relating to associate
membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision
defining the conduct of such bodies.
Associate members may not 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 the Charter, Town Bylaw or the
Massachusetts General Laws or in cases where there is not a quorum otherwise present. In no case
may an associate member vote on any issue if he has served as an associate member for less than one
hundred and eighty (180) days following his initial appointment except as allowed by the Massachusetts
General Laws.
No Vote Taken - Lack of Ouorum - Tabled
Motion made by Bill Brown, Precinct 8 to amend 4.15 as follows:
All appointed boards or committees authorized by Article 4 may have associate members if specified in the
Charter, Town Bylaw or Massachusetts General Laws. Associate members shall be appointed in the same
manner as other members of the board or committee. All rules and regulations relating to associate
membership on appointed boards or committees shall be set forth in the Bylaw or Charter provision
defining the conduct of such bodies.
Associate members may not 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 the Charter, Town Bylaw or the
Massachusetts General Laws.
an asseemate membeF feF less than ene hundred and eighty (180) days fellewing his initial appeintmen
No Vote Taken - Lack of Ouorum - Tabled
3 51vGI
SPECIAL TOWN MEETING
Reading Memorial High School
Preforming Arts Center
Question of a quorum by Jack Downing, Precinct 7
January 6, 2015
With 83 members remaining in attendance to Article 7 was tabled and meeting was adjourned.
On motion by John Arena, Board of Selectmen, it was voted that this Special Town Meeting stand
adjourned to meet at 7:30 PM at the Reading Memorial High School Preforming Arts Center, on Tuesday,
January 7, 2015.
Motion Carried
Meeting adjourned at 11:06 PM with 120 Town Meeting Members in attendance.
A true copy Attest:
Laura A Gemme
Town Clerk
361 Page