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HomeMy WebLinkAbout2015-01-07 Special Town Meeting MinutesSPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 The meeting was called to order by the Moderator, Alan E Foulds, at 7:37 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 Motion made by John Arena, Board of Selectmen to take Article 7 from the table Motion Carried 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. 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 11 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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 followinc Meeting members which portions of the Charter must be sent to the Revisions to certain sections in the Charter are beyond the scope o� the local voters. The proposed new language is shown below, but motion for this Warrant Article. Instead it will be included in the next Legislature as part of the request for a Special Act. note appears in order to alert Town legislature as part of a Special Act: the Charter Review Committee and this section will not be part of the Warrant Article and sent to the State 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. 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 21 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. 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 31 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. 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 Meetin4 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 41 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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, 20021 [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. 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. 5 1 P a g - SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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 2002] 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 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 61 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. 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. 7 1 P a g e SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. 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 8 1itag SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. 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 91 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. 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. 101 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. 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] 111 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 3.5 Municipal Light Board of Commissioners There shall be a Municipal Light Board of Commissioners consisting of five (5) members elected for three (3) year terms so arranged that as near an equal number of terms as possible shall expire each year. The Municipal Light Board of Commissioners shall have 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 There shall be a Moderator elected for a one (1) year term. 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. 121 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. 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. 131 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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 Authoritv 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. 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. 141 Pa; SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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. [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 151 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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] [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. 16 1 P SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 (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 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 171 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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 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 181 Page SPECIAL TOWN MEETING Reading Memorial High School Preforming Arts Center January 7, 2015 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 (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 191