| ARTICLE 1
INCORPORATION; SHORT TITLE; DEFINITIONS
SECTION 1-1. INCORPORATION
The inhabitants of the City of Easthampton, within the territorial limits established by law, shall continue to be a municipal corporation, a body corporate and politic, under the name "City of Easthampton".
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SECTION 1-2. SHORT TITLE
This instrument shall be known and may be cited as the Easthampton Home Rule Charter.
SECTION 1-3. DIVISION OF POWERS
The administration of the fiscal, prudential and municipal affairs of Easthampton, with the government thereof, shall be vested in an executive/administrative branch headed by a mayor, and a legislative branch to consist of a town council. The legislative branch shall never exercise any executive/administrative power and the executive/administrative branch shall never exercise any legislative power.
SECTION 1-4. POWERS OF THE TOWN
Subject only to express limitations on the exercise of and power or function by a municipal government in the constitution or general laws of the Commonwealth, it is the intention and the purpose of the voters of Easthampton through the adoption of this charter to secure for themselves and their government all of the powers it is possible to secure as fully and as completely as though each such power were specifically and individually enumerated herein.
SECTION 1-5. CONSTRUCTION
The powers of the town of Easthampton under this charter are to be construed liberally in favor of the town, and the specific mention of an particular power is not intended to limit the general powers of the town as stated in Section 1-1.
SECTION 1-6. INTERGOVERNMENTAL RELATIONS
Subject only to express limitations in the constitution or general laws of the Commonwealth, Easthampton may exercise any of its powers or perform any of its functions, and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the Commonwealth or any agency or political sub-division thereof, or with the United States government or any agency thereof.
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SECTION 1-7. DEFINITIONS
Unless another meaning is clearly apparent from the manner in which the word or phrase is used the following words and phrases as used in this charter shall have the following meanings:
(a) Charter - The word "charter" shall mean this charter and any amendment to it hereafter adopted.
(b) Emergency - The word "Emergency" shall mean a sudden, unexpected. unforeseen happening. occurence or condition which necessitates immediate action or response.
(c) Full Council, Full Multiple Member Body - The words "full council" or "full multiple member body" shall mean the entire authorized complement of the town council, school committee or other multiple member body notwithstanding an vacancy which might exist.
(d) general laws - The words "general laws" (all lower case letters) shall mean laws enacted by the state legislature which apply alike to all cities and towns, to all cities, or to a class of two or more cities and or cities and towns of which Easthampton is a member.
(e) General Laws - The words "General Laws" (initial letter of each word in upper case letters) shall mean the General Laws of the Commonwealth of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted. (f) Initiative Measure - The words "initiative measure" shall mean a measure proposed by the voters through the initiative process provided under this charter.
(g) Local Newspaper - The words "local newspaper" shall mean a newspaper of general circulation within Easthampton, with either a weekly or daily circulation.
(h) Majority Vote - The words "majority vote" when used in connection with a meeting of a multiple member body shall mean a majority of those present and voting, unless another provision is made by ordinance, by-law, or by its own rules.
(i) Measure - The word "measure" shall mean any ordinance, order, resolution, or other vote or proceeding adopted, or which might be adopted by the town council or the school committee.
(j) Multiple Member Body - The words "multiple member body" shall mean any board. commission, committee, sub-committee or other body consisting of two or more persons whether elected, appointed or otherwise constituted, but not including the town council or the school committee.
(k) Referendum Measure - The words "referendum measure" shall mean a measure adopted by the town council or the school committee which is protested under the referendum procedures of this charter.
(l) City - The word "town" shall mean the City of Easthampton.
(m) City Bulletin Boards - The words "town bulletin boards" shall mean the bulletin board in the town hall on which the town clerk posts official notices of meetings and upon which other official town notices are posted, and the bulletin boards at any other locations as may be designated town bulletin boards by the town council.
(n) City Agency - The words "town agency" shall mean any multiple member body, any department, division, or office of the town of Easthampton.
(o) City Officer - The words "town officer" when used without further qualification or description shall mean a person having charge of an office or department of the town who in the exercise of the powers or duties of such position exercises some portion of the sovereign power of the town.
(p) Voters - The word "voters" shall mean registered voters of the town of Easthampton.
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ARTICLE 2
LEGISLATIVE BRANCH
SECTION 2-1. COMPOSITION, TERM OF OFFICE
(a) Composition - There shall be a town council of nine members which shall exercise the legislative powers of the town. Four of these members, to be known as councilors-at-large, shall be nominated and elected by and from the voters at large. Five of these members, to be known as district councilors, shall be nominated and elected by and from the voters of each district, one such district councilor to be elected from each of the five districts into which the town is divided, in accordance with Section 7-4.
(b) Term of Office - The term of office for all town councilors shall be for two years each beginning on the first secular day of January in the year following their election, and until their successors have been qualified.
(c) Eligibility - Any voter shall be eligible to hold the office of councilor-at-large. A district councilor shall at the time of election be a voter of the district from which elected, provided, however, if any district councilor shall during the first eighteen months of the term of office remove to another district in the town such office shall be deemed vacant and the balance of the unexpired term shall be filled in the manner provided in Section 2-11. If such removal occurs after the first eighteen months of the term of office such councilor may continue to serve for the balance of the term for which elected. If a councilor-at-large or a district councilor removes from the town during the term for which elected such office shall immediately be deemed vacant and filled in the manner provided in Section 2-11.
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SECTION 2-2. COUNCIL PRESIDENT
(a) Election and Term - As soon as practicable after the councilors-elect have been qualified following each biennial election the members of the town council shall elect from among its members a council president who shall serve during the ensuing term of office.
(b) Powers and Duties - The council president shall preside at all meetings of the town council, regulate its proceedings and shall decide all questions of order. The council president shall appoint all members of all committees of the town council, whether special or standing. The council president shall have the same powers to vote upon all measures coming before the town council as any other member of the town council. The council president shall perform such other duties consistent with the office as may be provided by charter, by ordinance or by other vote of the town council
(c) Council Vice-President - The members of the town council shall also elect from among its members a council vice-president who shall serve as acting president during the temporary absence or disability of the council president during the ensuing term of office. The powers of an acting council president shall be limited to those not admitting of delay.
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SECTION 2-3. PROHIBITIONS
No member of the town council shall hold any other town office or town employment for which a salary or other emolument is payable from the town treasury. No former member of the town council shall hold any compensated appointed town office or town employment until six months following the date on which such former memberÕs service on the town council has terminated.
SECTION 2-4. COMPENSATION, EXPENSES
(a) Salary - The town council may, by ordinance, provide an annual salary for its members. No ordinance increasing such salary shall be effective, however, unless it shall have been adopted during the first twelve months of a term of office and it provides that such salary is to take effect with the organization of the town government following the next biennial election. Members of the town council shall not be considered town employees for the purposes of chapter thirty-two B of the General Laws.
(b) Expenses - Subject to appropriation, the council members shall be entitled to reimbursement of their actual and necessary expenses in the performance of their duties.
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SECTION 2-5. GENERAL POWERS
Except as otherwise provided by general law or by this charter, all powers of the town shall be vested in the town council which shall provide for their exercise and for the performance of all duties and obligations imposed upon the town by law.
SECTION 2-6. EXERCISE OF POWERS; QUORUM; RULES
(a) Exercise of Powers - Except as otherwise provided by general law or by this charter, the legislative powers of the town council may be exercised in a manner determined by it.
(b) Quorum - The presence of five members shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time. Except as otherwise provided by general law or by this charter the affirmative vote of five members shall be required to adopt any ordinance or appropriation order.
(c) Rules of Procedure - The town council shall from time to time adopt rules regulating its procedures, which shall be in addition to the following:
(i) Regular meetings of the town council shall be held at a time and place fixed by ordinance.
(ii) Special meetings of the town council shall be held at the call of the council president, or, on the call of any three or more members, by written notice delivered in hand or to the place of residence of each member and which contains a listing of the items to be acted upon. Except in case of an emergency, of which the council president shall be judge, such notice shall be delivered at least forty-eight weekday hours in advance of the time set for such meeting. A copy of the notice to members shall, forthwith, be posted upon the town bulletin boards.
(iii) All sessions of the town council and of every committee or sub-committee thereof, shall at all times be open to the public and to the press, unless another provision is made by law.
(iv) A full, accurate, up-to-date account of the proceedings of the town council shall be kept which shall include a record of each vote taken, and which shall be made available with reasonable promptness following each meeting.
(v) All business which is to come before the town council shall first be assigned to a standing committee for study and a report with its recommendations to the full council.
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SECTION 2-7. ACCESS TO INFORMATION
(a) In General - The town council may make investigations into the affairs of the town and into the conduct and performance of any town agency and for this purpose may subpoena witnesses, administer oaths and require the production of evidence.
(b) City Officers, Members of City Agencies, Employees - The town council may require any town officer, member of a town agency or town employee to appear before it to give such information as the town council may require in relation to the municipal services, functions, powers, or duties which are within the scope of responsibility of such person and within the jurisdiction of the town council.
(c) Mayor - The town council may require the mayor to provide specific information to it on any matter within the jurisdiction of the town council. The town council may require the mayor to appear before it, in person, to respond to written questions made available to the mayor at the time the request to attend is made to the mayor to provide specific information on the conduct of any aspect of the business of the town. The mayor may bring to such meeting any assistant, department head or other town officer or employee the mayor may deem necessary to assist in responding to the questions posed by the town council.
(d) Notice - The town council shall give not less than five days notice to any person it may require to appear before it under the provisions of this section. The notice shall include specific questions on which the town council seeks information and no person called to appear before the town council under this section shall be required to respond to any question not relevant or related to those presented in advance and in writing. Notice shall be by delivery in hand, or by registered or certified mail to the last known place of residence of any such person.
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SECTION 2-8. OFFICERS ELECTED BY TOWN COUNCIL
(a) City Auditor - The town council shall elect a town auditor to serve for a term of five years and until a successor is chosen and qualified. The town auditor shall keep and have charge of the books and accounts of all town agencies. The town auditor shall, with the approval of the town council, appoint an assistant town auditor to serve coterminously with the town auditor. The town auditor shall have such other powers and duties as are provided for city auditors and town accountants by general laws and such additional powers and duties as may be provided by charter, by ordinance or by other vote of the town council.
(b) Board of Assessors - The town council shall annually elect one member of the board of assessors to serve for a term of three years and until a successor is chosen and qualified. The town council shall, forthwith, fill any vacancies which may occur in the membership of the board of assessors for the balance of the then unexpired term of office.
The mayor shall annually designate one of the members of the board of assessors to serve as its chairperson. The chairperson of the board of assessors shall preside at all meetings of the board of assessors, regulate and supervise the administration of the department of assessing, be the official representative of the board of assessors to all other public agencies and with the public and shall have such other powers and duties as may be provided by charter, by ordinance or by other vote of the town council, or by vote of the board of assessors.
The board of assessors shall annually make a fair cash valuation of all of the estate both real and personal subject to taxation within the town. It shall determine, based on such valuations and such sums of money as may be authorized to be expended by the appropriate authority of the town and in consideration of other income and expenses of the town, annually, the rate of taxation to be applied against property in the town.
The board of assessors shall have such additional authority as may be provided by general law, this charter, by ordinance or by other vote of the town council.
(c) City Clerk - The town council shall elect a town clerk to serve for a term of three years and until a successor is chosen and qualified. The town clerk shall, with the approval of the town council, appoint an assistant town clerk to serve coterminously with the town clerk. The town clerk shall be the keeper of vital statistics for the town; the custodian of the town seal; shall administer the oath of office to all persons, elected or appointed, to any town office; shall issue such licenses and permits as are required by law to be issued by town clerks; supervise and manage the conduct of all elections and all other matters relating to elections; may, if so designated by the town council, be the clerk of the town council, keep its records and give notice of all of its meetings to its members and to the public. The town clerk shall have such other powers and duties as are given to municipal clerks by general law, by this charter, by ordinance or by other vote of the town council.
(d) Clerk of the Council - The town council shall elect a clerk of the council, who may be the town clerk, to serve for a term of two years and until a successor is chosen and qualified. The clerk of the council shall give notice of its meetings to its members and to the public, keep the journal of its proceedings and perform such other duties as may be provided by ordinance or by other vote of the town council.
(e) Salaries/Compensation - The officers appointed or elected by the town council shall receive such salaries or other compensation as may from time to time be provided for such office, by ordinance.
(f) Removal/Suspension - Any person appointed or elected by the town council may be removed or suspended by the town council by the use of procedures substantially the same as those contained in Section 8-15.
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SECTION 2-9. ORDINANCES AND OTHER MEASURES
(a) Emergency Ordinances - No ordinance shall be passed finally on the date it is introduced, except in case of emergency involving the health or safety of the people or their property.
No ordinance shall be regarded as an emergency ordinance unless the emergency is defined and declared in a preamble to such ordinance, separately voted upon and receiving the affirmative vote of seven or more members of the town council. Emergency ordinances shall stand repealed on the sixty-first day following their adoption, unless an earlier date is specified in the measure, or unless a second emergency measure adopted in conformity with this section is passed extending it, or unless a measure passed in conformity with the procedures for measures generally has been passed extending it.
(b) Measures, In General - The town council may pass a measure through all of its stages at any one meeting, except proposed ordinances, appropriation orders and loan authorizations, provided that no member of the town council shall object; but, if any single member objects. a vote on the measure shall be postponed to the next meeting of the town council. On the first occasion that the question of adopting any measure is put to the town council, except an emergency measure as defined in Section 2-9(a), if a single member objects to the taking of a vote, the vote shall be postponed until the next meeting of the town council regular or special. If when the matter is next taken up for a vote, four or more members object to the taking of the vote, the matter shall be further postponed for not less than an additional five days. This procedure shall not be used more than once for any measure notwithstanding any amendments made to the original measure.
(c) Publication - Every proposed ordinance, appropriation order or loan authorization, except emergency ordinances as provided in Section 2-9(a), shall be published once in full in a local newspaper, and in any additional manner as may be provided by ordinance, at least ten days before its final passage. After final passage it shall be posted on the town bulletin board and otherwise published as may be required by ordinance. Provided, however, that whenever a proposed ordinance or codification of ordinances or other measure would exceed in length more than ten column inches of ordinary newspaper notice print, then in lieu of publication in a local newspaper, the same may be published and made available at the office of the town clerk in booklet or pamphlet form, and if so published and available at least ten days before its final passage shall be deemed sufficient notice. Whenever the town council provides for publication in a booklet or pamphlet in lieu of the newspaper publication, it shall, at least ten days before final passage publish in a local newspaper a general summary of the proposed ordinance, or ordinances, and a notice stating the times and places at which copies of the booklet or pamphlet may be obtained by the public.
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SECTION 2-10. COUNCIL REVIEW OF CERTAIN APPOINTMENTS
The mayor shall submit to the town council the name of each person the mayor desires to appoint to any town office, as a department head or as a member of a multiple-member body, but not including any position which is subject to the civil service law. The town council shall refer each such name as is submitted to it to a standing committee of the town council which shall investigate each such candidate for appointment and may make a report, with recommendations, to the full town council not less than seven nor more than twenty-one days following such referral. The committee may require any person whose name has been referred to it to appear before the committee, or before the town council, to give such information relevant to such appointment as the committee, or the town council, may require.
Appointments made by the Mayor shall become effective on the thirtieth day following the date on which notice of the proposed appointment was filed with the clerk of the council, unless the town council shall within the said thirty days vote to reject such appointment, or unless the town council has sooner voted to affirm the appointment. Rejection by the town council shall require a two-thirds vote of the full council, except that an appointment to a multiple member body may be rejected by a majority vote of the full council. The question on rejection of any appointment made by the mayor shall not be subject to the procedure of charter objection provided in Section 2-9 (b) of this charter.
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SECTION 2-11. FILLING OF VACANCIES
(a) Councilor-at-Large - If a vacancy shall occur in the office of councilor-at-large during the first eighteen months of the term for which councilors are elected the vacancy shall be filled in descending order of votes received by the candidate for the office of councilor-at-large at the preceding town election who received the largest number of votes without being elected, provided such person remains eligible and willing to serve and provided such person received votes at least equal to thirty percent of the vote total received by the person receiving the largest number of votes for the office of councilor-at-large at the said election. The town clerk shall certify such candidate to the office of councilor-at-large to serve for the balance of the then unexpired term.
If a vacancy shall occur in the office of councilor-at-large during the last six months of the term for which councilors-at-large are elected, such vacancy shall be filled by the person at the biennial town election who receives the highest number of votes for the office of councilor-at-large and who is not then serving as a member of the town council. Such person shall forthwith be certified and shall serve for the last two months of the concluding term in addition to the term for which such person was elected.
(b) District Councilor - If a vacancy shall occur in the office of district councilor it shall be filled in the same manner as provided in Section 2-11(a) for the office of councilor-at-large except that the list shall be of the candidates for the office of district councilor in the district in which the vacancy occurs, provided however, if there be no candidate on such list who remains eligible and willing to serve the next highest ranking candidate from among the candidates for election to the council at large who is a resident of the district in which the vacancy exists shall be certified and shall serve until the next regular election provided such candidate remains a resident of the district, is willing to serve as a district councilor and received votes in the district at least equal to thirty percent of the vote total received by the person receiving the largest number of votes for the office of district councilor at the said election. The town clerk shall certify such candidate to the office of district councilor to serve for the balance of the then unexpired term.
(c) Filling of Vacancies By City Council - Whenever a vacancy shall occur in the office of councilor-at-large or in that of district councilor and there is no available candidate to fill such vacancy in the manner provided in Section 2-11 (a) or (b), the vacancy shall be filled by the remaining members of the town council. Persons elected to fill a vacancy by the town council shall serve only until the next regular election at which time the vacancy shall be filled by the voters and the person chosen to fill such vacancy shall forthwith be sworn and shall serve for the remainder of the unexpired term in addition to the term for which elected. Persons serving as town councilors under this section shall not be entitled to have the words "candidate for re-election" printed against their names on the election ballot.
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ARTICLE 3
EXECUTIVE BRANCH
SECTION 3-1. MAYOR: QUALIFICATIONS; TERM OF OFFICE; COMPENSATION
(a) Mayor, Qualifications -- The chief executive officer of the town shall be a mayor, elected by and from the voters of the town at large. Any voter shall be eligible to hold the office of mayor. The mayor shall devote full time to the office and shall not hold any other elective public office, nor shall the mayor be actively engaged in any other business, occupation or profession during the period of service as mayor.
(b) Term of Office - The term of office of the mayor shall be two years beginning on the first Monday of January following the biennial town election at which chosen and until a successor is qualified.
(c) Compensation - The town council shall, by ordinance, establish an annual salary for the mayor. No ordinance increasing the salary of the mayor shall be effective unless it shall have been adopted in the first twelve months of the term for which councilors are elected and it provides that such salary is to become effective in January of the year following the next biennial town election.
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SECTION 3-2: EXECUTIVE POWERS; ENFORCEMENT OF ORDINANCES
The executive powers of the town shall be vested solely in the mayor, and may be exercised by the mayor either personally or through the several town agencies under the general supervision and control of the office of the mayor. The mayor shall cause the charter, the laws, the ordinances and other orders for the government of the town to be enforced, and shall cause a record of all official acts of the executive branch of the town to be kept.
The mayor shall exercise a general supervision and direction over all town agencies, unless otherwise provided by Iaw, by the charter or by ordinance. Each town agency shall furnish to the mayor, forthwith upon request, any information, materials or otherwise as the mayor may request and as the needs of the office and the interest of the town may require.
The mayor shall be the chief procurement officer for the town responsible for buying, purchasing, renting leasing, or otherwise acquiring all supplies and all services for all departments and all activities of the town and including all functions that pertain to the obtaining of a supply or a service, including description of requirements, selection and solicitation of sources, preparation and award of all contracts and all phases of contract administration. The mayor may delegate all or any portion of such powers and duties to a subordinate officer, but, no such delegation shall in any way absolve the mayor from the ultimate responsibility for all procurement activities.
The mayor shall supervise, direct and be responsible for the efficient administration of all town activities and functions placed under the control of the mayor by law, by this charter, by ordinance or otherwise. The mayor shall be responsible for the efficient and effective coordination of the activities of all agencies of the town of Easthampton and for this purpose shall have authority consistent with law, to call together for consultation, conference and discussion at all reasonable times all persons serving the town, whether elected directly by the voters, chosen by persons elected directly by the voters, or otherwise.
The mayor shall hold no other town office or town employment for which a salary or other emolument is payable from the town treasury. No former mayor shall hold any compensated appointed town office or town employment until one year following the date on which such former mayorÕs town service has terminated.
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SECTION 3-3. APPOINTMENTS BY THE MAYOR
The mayor shall appoint, subject to the review of such appointments by the town council as provided in Section 2-10, all town officers, department heads and the members of multiple-member bodies for whom no other method of appointment or selection is provided by the charter, excepting only persons serving under the school committee, and persons serving under the town council. Except as may otherwise be required by the civil service law, appointments made by the mayor shall be for periods not to exceed three years, provided, however, the mayor may appoint the head of a department related to the public safety for a term of not more than five years. The mayor may suspend or remove any person appointed by the mayor in accordance with the procedure established in Section 3-4. The decision of the mayor in suspending or removing a department head shall be final, it being the intention of this provision to vest all authority and to fix all responsibility for such suspension or removal solely in the mayor.
All persons categorized as department heads shall, subject to the consent of the mayor, appoint all assistants, subordinates and other employees of the agency for which such person is responsible. The department head may suspend or remove any assistant, subordinate or other employee of the agency for which such person is responsible in accordance with the procedures established in Section 8-15. The decision of the department head to suspend or remove any assistant, subordinate or other employee shall be subject to review by the mayor. A person for whom a department head has determined a suspension or removal is appropriate may seek review of such determination by the mayor by filing a petition for review, in the office of the mayor, in writing, within ten days following receipt of notice of such determination. The review by the mayor shall follow the procedures of Section 8-15. The decision of the mayor shall be final, it being the intention of this provision to vest all authority and to fix all responsibility for such suspension or removal solely in the mayor. Nothing in this section shall be construed to be a bar to any other review as may be provided by law.
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SECTION 3-4. REMOVAL OR SUSPENSION OF CERTAIN OFFICIALS
The mayor may, in writing, remove or suspend any town officer, member of a multiple member body, or the head of any town department appointed by the mayor by filing a written statement, with the town clerk, setting forth in precise detail the specific reasons for such removal or suspension. A copy of the written statement shall be delivered in hand, or mailed by certified mail, postage prepaid, to the last known address of the said town officer, member of a multiple member body, or head of a department. The said town officer, member of a multiple member body, or head of a department may make a written reply by filing such a reply statement, with the town clerk, within ten days following the date the statement of the mayor has been filed; but, such reply shall have no effect upon the removal or suspension unless the mayor shall so determine. The said town officer, member of a multiple member body, or head of a department may request permission to appear at a public meeting of the town council to read the written reply concerning removal or suspension. If permission for said town officer, member of a multiple member body, or head of a department to attend a meeting of the town council is granted for such purpose, the mayor shall attend the same meeting to read the statement of removal or suspension filed by the mayor in the first instance. The town council shall have the authority to vote to disapprove of the action of the mayor, but, it shall have no other power to otherwise express its views concerning such removal or suspension. The removal shall take effect on the thirtieth day following the date of filing in the office of the town clerk the notice of removal by the mayor, unless at least five members of the town council shall within such time period vote to disapprove the action of the mayor. The mayor shall simultaneously file a duplicate copy of the notice of removal with the contributory retirement board established pursuant to subsection (4) of section twenty of chapter thirty-two of the General Laws whenever a notice of removal is filed with the town clerk.
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SECTION 3-5. TEMPORARY APPOINTMENTS TO TOWN OFFICES
Whenever a vacancy, either temporary or permanent, occurs in a town office and the needs of the town require that such office be filled, the mayor may designate the head of another town agency or a town officer or town employee, or some other person to perform the duties of the office on a temporary basis until such time as the position can be filled as otherwise provided by law, by the charter or by ordinance The mayor shall file a certificate in substantially the following form, with the town clerk. whenever a person is designated under this section:
"I designate (name of person) to perform the duties of the office of (designate office in which vacancy exists) on a temporary basis until the office can be filled by (here set out the regular procedure for filling the vacancy, or when the regular officer shall return). I certify that said person is qualified to perform the duties which will be required and that I make this designation solely in the interests of the town of Easthampton." (signed) Mayor
Persons serving as temporary officers under the authority of this section shall have only those powers of the office indispensably essential to the performance of the duties of the office during the period of such temporary appointment and no others. No temporary appointment shall be for more than thirty days and not more than one renewal of a temporary appointment may be made when a permanent vacancy exists in the office.
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SECTION 3-6. COMMUNICATIONS; SPECIAL MEETINGS
(a) Communications to the City Council - Within eight weeks following the start of each fiscal year the mayor shall submit to the town council, and make available for public distribution, a complete report on the financial and administrative activities of the town for the preceding fiscal year. The mayor shall, from time to time throughout the year, by written communications, recommend to the town council for its consideration such measures as, in the judgment of the mayor, the needs of the town require. The mayor shall, from time to time throughout the year, but at least quarterly, by written communications, keep the town council fully informed of the financial and administrative condition of the town and shall specifically indicate in any such reports any fiscal, financial or administrative problems of the town.
(b) Special Meetings of the City Council - The mayor may at any time call a special meeting of the town council, for any purpose, by causing a notice of such meeting to be delivered in hand or to the place of business or residence of each member of the town council. Such notice shall, except in an emergency of which the mayor shall be the sole judge, be delivered at least forty-eight weekday hours in advance of the time set and shall specify the purpose or purposes for which the meeting is to be held. A copy of each such notice shall, forthwith, be posted on the town bulletin board.
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SECTION 3-7. APPROVAL OF MAYOR, EXCEPTION (VETO)
Every order, ordinance, resolution or vote adopted or passed by the town council relative to the affairs of the town, except memorial resolutions, the selection of town officers by the town council and any matters relating to the internal affairs of the town council, shall be presented to the mayor for approval. If the mayor approves of the measure the mayor shall sign it; if the mayor disapproves of the measure, the mayor shall return the measure, with the specific reason or reasons for such disapproval attached thereto, in writing, to the town council. The town council shall enter the objections of the mayor on its records, and not sooner than ten days, nor after thirty days from the date of its return to the town council, shall again consider the same measure. If the town council, notwithstanding such disapproval by the mayor, shall again pass the order, ordinance, resolution or vote by a two-thirds vote of the full council, it shall then be deemed in force, notwithstanding the failure of the mayor to approve the same. If the mayor has neither signed a measure nor returned it to the town council within ten days following the date it was presented to the mayor, the measure shall be deemed approved and in force.
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SECTION 3-8. TEMPORARY ABSENCE OF THE MAYOR
(a) Acting Mayor - Whenever, by reason of sickness, absence from the town or other cause, the mayor shall be unable to perform the duties of the office for a period of five successive working days or more, the president of the town council shall be the acting mayor. In the event of the absence or disability of the president of the town council, the vice-president of the town council shall serve as acting mayor.
The mayor shall, by a letter filed with the town council and a copy filed with the town clerk, designate a qualified town officer or town employee to exercise the powers and perform the duties of the office during the temporary absence of the mayor for periods of less than five days and to serve only when the needs of the town require and only to the extent necessary under the then circumstances.
(b) Powers of Acting Mayor - The acting mayor shall have only those powers of the mayor as may be necessary to the conduct of the business of the town in an orderly and efficient manner and which may not be delayed. The acting mayor shall have no authority to make any permanent appointment or removal from town service unless the disability of the mayor shall extend beyond sixty days nor shall an acting mayor approve or disapprove of any measure adopted by the town council unless the time within which the mayor must act would expire before the return of the mayor. During any period in which any member of the town council is serving as acting mayor, such councilor shall not vote as a member of the town council.
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SECTION 3-9. VACANCY IN OFFICE OF MAYOR
(a) Special Election - If a vacancy in the office of mayor occurs in the first fifteen months of the term for which the mayor is elected, whether by reason of death, resignation, removal from office, incapacity or otherwise the town council shall forthwith order a special election. to be held within ninety days following the date the vacancy is created, to fill such vacancy for the balance of the then expired term.
(b) Council Election - If a vacancy in the office of mayor occurs in the last nine months of the term for which the mayor is elected, whether by reason of death, resignation, removal from office, or otherwise, the president of the town council shall become the mayor. Upon the qualification of the president of the town council as the mayor, under this section, a vacancy shall exist in that council seat on the town council which shall be filled in the manner provided in Section 2-11. A council president serving as mayor under this sub-section shall not be subject to the restrictions contained in the third sentence of Section 3-1(a).
(c) Powers, Term of Office - The mayor elected under Section 3-9 (a) or (b) shall have all the powers of the mayor. A person elected pursuant to subsection (a), above, shall serve for the balance of the term unexpired at the time of election to the office. A person chosen pursuant to subsection (b), above, shall serve until the time of the next regular election at which time the person elected to fill the office for the ensuing term of office shall serve, in addition, for the balance of the then unexpired term.
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ARTICLE 4
SCHOOL DEPARTMENT
SECTION 4-1. SCHOOL COMMITTEE
(a) Composition, Term of Office - There shall be a school committee which shall consist of seven members. Six of these members shall be nominated and elected by and from the voters of the town at large. The mayor shall serve as the seventh member of the school committee. The term of office for all school committee members shall be for two years each, beginning on the first secular day of January in the year following their election, and until their successors have been qualified.
(b) Eligibility - A school committee member shall at the time of election be a voter. If a school committee member removes from the town during the term for which elected such office shall immediately be deemed vacant and filled in the manner provided in Section 4-l(f).
(c) Powers and Duties - The school committee shall have all powers which are conferred on school committees by general laws and such additional powers and duties as may be provided by the charter, by ordinance, or otherwise and not inconsistent with said grant of powers conferred by general laws. The powers and duties of the school committee shall include the following:
1 ) To elect a superintendent of the schools who shall be charged with the day-to-day administration of the school system, subject only to policy guidelines and directives adopted by the school committee;
2) To make all reasonable rules and regulations for the management of the public school system and for conducting the business of the school committee as may be deemed necessary or desirable;
3) To adopt and administer an annual operating budget for the school department, subject to appropriation by the town council.
The school committee shall have general charge and superintendence of all school buildings and grounds and shall furnish all school buildings with proper fixtures, furniture and equipment. The school committee shall provide ordinary maintenance of all school buildings and grounds; provided however, the town council may, by ordinance, provide for the establishment of a central municipal maintenance department which may include maintenance of school buildings and grounds. Whenever the school committee shall determine that additional classrooms are necessary to meet the educational needs of the community, at least one member of the school committee, or a designee of the school committee, shall serve on the agency, board or committee to which the planning or construction of such new, remodeled or renovated school building is delegated.
(d) Prohibitions - No member of the school committee shall hold any other town office or town employment for which a salary or other emolument is payable from the town treasury. No former member of the school committee shall hold any compensated appointed town office or town employment until six months following the date on which such member's service on the school committee has terminated.
(e) Salary and Expenses - The town council may, by ordinance, provide an annual salary for the members of the school committee. No ordinance increasing such salary shall be effective, however, unless it shall have been adopted during the first twelve months of a term of office and it provides that such salary is to take effect with the organization of the town government following the next biennial election. Members of the school committee shall not be considered town employees for the purposes of chapter thirty-two B of the General Laws. Subject to appropriation, the school committee members shall be entitled to reimbursement of their actual and necessary expenses in the performance of their duties.
(f) Filling of Vacancies - If a vacancy shall occur in the office of school committee member during the first eighteen months of the term for which school committee members are elected, the vacancy shall be filled in descending order of votes received by the candidate for the office of school committee member at the preceding town election who received the largest number of votes without being elected, provided such person remains eligible and willing to serve and provided such person received votes at least equal to thirty percent of the vote total received by the person receiving the largest number of votes for the office of school committee member. The town clerk shall certify such candidate to the office of school committee member to serve for the balance of the then unexpired term. If there be no such candidate eligible and willing to serve, the vacancy shall be filled by a majority vote of the remaining members of the school committee and the town council sitting in joint convention, from among the voters. If the vacancy shall occur during the last six months of the term of office such vacancy shall be filled by the person at the biennial town election who receives the highest number of votes for the office of school committee member and who is not then serving as a member of the school committee. Such person shall serve as a member of the school committee for the last two months of the concluding term in addition to the term for which such person was elected. The town clerk shall certify such candidate to the office of school committee member to serve for the balance of the then unexpired term.
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SECTION 4-2. SCHOOL COMMITTEE PRESIDENT
(a) Election and Term - The school committee shall organize, annually, by electing one of the school committee members to serve as school committee president during the ensuing term of office.
(b) Powers and Duties - The school committee president shall preside at all meetings of the school committee, regulate its proceedings and shall decide all questions of order. The school committee president shall appoint all members of all committees of the school committee, whether special or standing. The school committee president shall have the same powers to vote upon all measures coming before the school committee as any other member of the school committee. The school committee president shall perform such other duties consistent with the office as may be provided by charter, by ordinance or by other vote of the school committee.
SECTION 4-3. SCHOOL COMMITTEE BUDGET
The mayor and town council shall annually provide an amount of money sufficient for the support of the public schools as required by the General Laws. In acting on appropriations for educational costs the town council shall vote on the total amount of appropriations requested, and shall not allocate appropriations among accounts or place any restrictions on such appropriations. The town council may make nonbinding monetary recommendations to increase or decrease certain items allocating such appropriations. The vote of the town council shall establish the total appropriation for the support of the schools, but may not limit the authority of the school committee to determine expenditures within the total appropriations.
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ARTICLE 5
FINANCE AND FISCAL PROCEDURES
SECTION 5-1. FISCAL YEAR
The fiscal year of the town shall begin on the first day of July and shall end on the last day of June, unless another period is required by general law.
SECTION 5-2. SCHOOL COMMITTEE BUDGET
(a) Public Hearing - At least seven days before the meeting at which the school committee is scheduled to vote on its final budget request, the school committee shall cause to be published in a local newspaper a general summary of its proposed budget. The summary shall specifically indicate an major variations from the current budget, and the reasons for such changes. It shall further indicate the times and places at which complete copies of its proposed budget are available for examination by the public, and the date, time and place, not less than seven nor more than fourteen days following such publication, when a public hearing will be held by the school committee on the proposed budget. The school committee shall not take its final vote on its proposed budget until all persons who desire to be heard concerning the budget proposal have had an opportunity to be heard.
(b) Submission to Mayor - The budget as adopted by the school committee shall be submitted to the mayor at least twenty-one days before the date the mayor is required to submit a proposed town budget to the town council to allow the mayor sufficient time within which to consider the effect the school department's requested appropriation will have upon the total town operating budget the mayor is required to submit to the town council under this article.
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SECTION 5-3. SUBMISSION OF BUDGET AND BUDGET MESSAGE
Within the time fixed by law, before the start of the fiscal year of the town, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year with an accompanying budget message and supporting documents. The mayor shall simultaneously provide for the publication in a local newspaper of a notice and a general summary of the proposed budget. The summary shall specifically indicate any major variations from the current operating budget and the reason for such changes. The notice shall further indicate the times and places at which complete copies of the proposed operating budget for the town are available for examination by the public.
SECTION 5-4. BUDGET MESSAGE
The budget message of the mayor shall explain the budget for all town agencies both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the town for the ensuing fiscal year, describe important features of the budget, indicate any major variations from the current fiscal year in financial policies, expenditures and revenues together with the reasons for such changes, summarize the town's debt position and include other material as the mayor deems desirable, or as may be required by the provisions of a town ordinance.
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SECTION 5-5. THE BUDGET
The proposed operating budget shall provide a complete financial plan for all town funds and town activities for the ensuing fiscal year. Except as may otherwise be required by general law, or this charter, it shall be in the form which the mayor deems desirable or as a town ordinance may require. In the presentation of the budget, the mayor shall utilize modern concepts of fiscal presentation so as to furnish an optimum level of information and the best financial control. The budget shall show in detail all estimated income from the proposed property tax levy and from all other sources and all proposed expenditures, including debt service, for the following year. The budget shall be arranged to 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 and position in terms of work programs, and the method 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;
(c) The relationship of each proposed capital expenditure to the capital improvement program required to be submitted under Section 5-8 and,
(d) 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. SECTION 5-6. ACTION ON THE BUDGET
(a) Public Hearing - Forthwith upon its receipt of the proposed operating budget the town council shall provide for the publication in a local newspaper of a notice stating the time and place, not less than seven nor more than fourteen days following such publication, at which it will hold a public hearing on the proposed operating budget as submitted.
(b) Review - The town council shall consider, in open public meetings, the detailed expenditures proposed for each town agency and may confer with representatives of each such agency in connection with its review and consideration. The town council may require the mayor, or any other town agency, to furnish it with such additional information as it may deem necessary to assist it in its review and consideration of the proposed operating budget.
(c) Action by City Council - The town council shall adopt the budget, with or without amendments, within ninety days following the day the proposed budget is received by it, or such other period as may be provided by general law. In amending the budget, the town council may delete or decrease any programs or amounts except expenditures required by law, or for debt service. If the town council fails to take any action with respect to any item in the proposed budget within sixty days following the date of its receipt of the proposed budget, or such other period as may be provided by general law, such amount shall, without any action by the town council, become a part of the appropriations for the ensuing fiscal year and shall be available for the purposes specified.
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SECTION 5-6, ACTION ON THE BUDGET
(a) Public Hearing - forthwith upon its receipt of the proposed operating budget the town council shall provide for the publication in a local newspaper of a notice stating the time and place, not less than seven nor more than forteen days following suchpuliain,at which it will hold a public hearing on the proposed operating budget as submitted.
(b) Review - The town council shall consider, in open public meetigs, the detailed expenditures proposd for each town agency and may confer with representatives of each such agency in connection with its review and consideration. The town council may require the mayor, or any other town agency, to furnish it with such additional infomation as it may deem necessary to assist it in its review and consideration of the proposed operating budget.
(c) Action by City Council - The town council shall adopt the budget, with or without amendments, within ninety days following the day the proposed budget is received by it, or such other period as may be provided by general law. In amending the budget, the town council may delete or decrease any programs or amounts except expenditures required by law, or for debt service. If the town council fails to takeany action with respect to any item in the proposed budget within sixty days following the date of its receipt of the proposed budget, or such other period as may be provided by general law, such mounshal, wihout any action by the town council, become a part of the appropriations for the ensuing fiscal year and shall be available for the purposes specified.
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SECTION 5-7. SUPPLEMENTARY BUDGETS, OTHER APPROPRIATIONS
(a) Intradepartmental Transfers - With the approval of the mayor funds appropriated for one line item within the appropriation made for a particular municipal agency may be transferred to another line item within the same municipal agency. Whenever such a transfer is authorized by the mayor notice of the transfer, and the circumstances under which such transfer was deemed advisable, shall be filed with the clerk of the town council.
b) Interdepartmental Transfers - With the approval of the town council, funds appropriated to the use of one municipal agency may be transferred to the use of another municipal agency. Requests to the town council for the transfer of funds from one municipal agency to another shall be made by the mayor, in writing, and shall include a statement setting forth the reason the additional funds are needed by the agency to which it is proposed they be transferred and shall be accompanied by a certificate signed by the agency from which the appropriation is proposed to be taken stating either (1) that such transfer will not prevent that agency from performing its vital functions, or (2) that the transfer will prevent the agency from performing one or more of its vital functions. A copy of this request shall, forthwith, be posted on the town bulletin board. The town council shall, by its rules, provide a procedure governing interdepartmental transfer requests which shall include at least two readings and a public hearing by the town council. Such rule shall specify the circumstances under which notice by publication in a newspaper shall be required and circumstances under which simple posting on the town bulletin board shall be sufficient.
(c) Supplementary Appropriations - Whenever the mayor shall submit to the town council a request for a new appropriation of any sum of money, either as a supplement to some item in the annual operating budget or for an item, or items, not included in the annual operating budget as adopted, the town council shall not act upon such request until it has (1) given notice by publication in a local newspaper of the request, and (2) held a public hearing concerning such request. The publication of the notice and the public hearing shall be generally in conformity with the provisions of Section 5-6(a) concerning the proposed annual operating budget.
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SECTION 5-8. CAPITAL IMPROVEMENT PROGRAM
The mayor shall submit a capital improvement program to the town council at least one hundred fifty days before the start of each fiscal year. It shall include:
(a) A clear and concise general summary of its contents;
(b) A list of all capital improvements proposed to be undertaken during the next ensuing five years, with supporting information as to the need for each capital improvement;
(c) Cost estimates, methods of financing and recommended time schedules for each improvement, and,
(d) The estimated annual cost of operating and maintaining each facility and piece of major equipment involved.
This information is to be annually revised by the mayor with regard to the capital improvements still pending or in the process of being acquired, improved or constructed. SECTION 5-9. INDEPENDENT AUDIT
The town council shall annually provide for an outside audit of the books and accounts of the town to be made by a certified public accountant, or a firm of certified public accountants.
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SECTION 5-8. INDEPENDANT AUDIT
The town council shall annually provide for an outside audit of the books and accounts of the town to be made by a certified public accountant, or a firm of certified public accountants.
ARTICLE 6
ADMINISTRATIVE ORGANIZATION
SECTION 6-1. ORGANIZATION OF TOWN AGENCIES
The organization of the town into operating agencies for the provision of services and the administration of the government may be accomplished through either of the methods provided in this article.
(a) Ordinances - Subject only to express prohibitions in a general law or the provisions of this charter, the town council may, by ordinance, reorganize, consolidate, create, merge, divide or abolish any town agency, in whole or in part; establish such new town agencies as it deems necessary or advisable; determine the manner of selection, the term of office and prescribe the functions of all such entities, provided, however, that no function assigned by this charter to a particular town agency may be discontinued, or assigned to any other town agency, unless this charter specifically so provides.
(b) Administrative Code - The mayor may from time to time prepare and submit to the town council plans of organization or reorganization which establish operating divisions for the orderly, efficient or convenient conduct of the business of the town.
Whenever the mayor proposes such a plan, the town council shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the hearing will be held, not less than seven nor more than fourteen days following said publication.
An organization or reorganization plan shall become effective at the expiration of sixty days following the date the proposal is submitted to the town council unless the town council shall, by a majority vote, within such period vote to disapprove the plan. The town council may vote only to approve or to disapprove the plan and may not vote to amend or to alter it.
The mayor may, through the administrative code, and subject only to express prohibitions in a general law, or this charter, reorganize, consolidate or abolish an town agency, in whole or in part; establish such new town agencies as is deemed necessary to the same extent as is provided in Section 6-1(a), above, for ordinances; and for such purpose may transfer the duties and powers and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriation of one town agency to another; provided, however, that no function assigned by this charter to a particular town agency may be discontinued or assigned to any other town agency unless this charter specifically so provides.
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SECTION 6-2. PUBLICATION OF ADMINISTRATIVE CODE
For the convenience of the public, the administrative code and any amendments to it, shall be printed as an integral part of the ordinances of the town of Easthampton.
SECTION 6-3. MERIT PRINCIPLE
All appointments and promotions of town officers and employees shall be made on the basis of merit and fitness demonstrated by examination, past performance. or by other evidence of competence and suitability. Each person appointed to fill an office or position shall be a person especially fitted by education, training and previous work experience to perform the duties of the office or position for which chosen.
SECTION 6-4. DEPARTMENT OF PUBLIC WORKS
(1) Establishment, Scope - There shall be a department of public works responsible for the performance of all public works related activities of the town. The department of public works shall assume all of the duties and responsibilities related to public works activities which prior to the adoption of the home rule charter in 1986 were performed by or under the authority of chapter twenty of the acts of nineteen hundred and eleven and chapter five of the acts of nineteen hundred and fifty-two and it may have such additional powers, duties and responsibilities with respect to public works related functions and activities as the town may from time to time provide, by ordinance. The scope which may be included in any such ordinance may include the furnishing of engineering services, the collection and disposal of garbage and refuse, the maintenance and repair of town buildings and property, the duties of a tree warden, the duties of a local superintendent of shade tree management and pest control and the performance of such duties of any other board or office of the town as may be reasonably related to public works functions and activities.
(2) Policy Formulation - The mayor shall appoint a board of public works which shall consist of three persons appointed for terms of three years each so arranged that the term of one member shall expire each year. The board of public works, acting through the mayor, shall be responsible for the overall supervision of the department of public works and for the establishment of priorities and policies to govern the operation of the department. The board of public works shall be deemed to be water commissioners, sewer commissioners, and road commissioners and shall have authority to establish the fees or charges for all services provided by the department of public works.
(3) Director of Public Works - The department of public works shall be under the direct control and supervision of a director of public works who shall be appointed by and who shall be responsible to the board of public works. The director of public works shall serve for an indefinite term. The director of public works shall be a person especially fitted by education, experience and training to perform the duties of the office. The director of public works shall be responsible for the supervision and coordination of all activities of the department of public works in accordance with state statutes, town ordinances, administrative code and rules and regulations.
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SECTION 6-5. DEPARTMENT OF PERSONNEL
(a) Establishment, Scope - There shall be a department of personnel which shall be responsible for all personnel related functions and activities of the town, including, but not limited to, the following:
1) Plan, administer and direct all phases and components of the town personnel plan, including a wage and salary administration, position classification, sick and vacation leave, employee grievance procedure, accident prevention programs, physical examinations, equal opportunity programs, personnel transactions and all record keeping concerning town employees whether regular, part time, temporary, intermittent or otherwise.
2) Develop new and revised personnel policies and practices and recommend the same to the mayor and town council for implementation, where such action is necessary.
3) Review all requests by town agencies for new personnel, or for increased hours for any existing personnel, and make recommendations to the mayor and to the town council concerning such requests.
4) Advise and assist all town agencies and employees in all aspects of public employment including recruitment, evaluation, promotion, transfer, dismissal, wages, hours, hours and other conditions of employment, insurance benefits and any related matters. The department shall assure that all employees every benefit to which such employee is entitled and, conversely, shall assure that no employee receives any benefit to which such employee is not entitled. 5) Determine before any employee shall be hired, reinstated, transferred or promoted by any town agency that: (a) There is an existing vacant position to be filled. (b) The salary which is proposed to be paid is within the existing salary schedule for the position. (c) There is a sufficient sum of money in the available appropriation of the agency to fund the position. (d) There has been compliance with the civil service law and rules, if applicable, and with any collective bargaining agreements which may be applicable.
6) Development of a career public service program.
7) Supervise the registration of all persons who are to be employed by the town in any capacity, and certification of lists of eligible persons to appointing authorities whenever vacancies occur.
All town officers and other appointing authorities shall cooperate with the personnel department by providing to it, upon request, any and all information relating to town personnel matters as may from time to time be made.
(b) Director of Personnel - The department of personnel shall be under the direct control and supervision of a director of personnel who shall be appointed by the mayor, subject to the provisions of Section 2-10. The director of personnel shall serve for a term of three years and until a successor is appointed and qualified. The director of personnel shall be a person especially fitted by education, experience and training to perform the duties of the office. Desirable qualifications to consider when such an appointment is to be made, (but not to be construed as mandated by this provision) would include: knowledge of the principles and practices and equipment of office management; knowledge of town ordinances, rules and regulations relating to employees and to town personnel manners; knowledge of the state civil service law and rules and practices; knowledge of the principles and practices of personnel administration; ability to establish and to maintain effective working relationships with a wide variety of public officers, employees and the public. The director of personnel shall be responsible for the supervision and coordination of all activities of the department of personnel in accordance with state statutes, town ordinances, administrative code and rules and regulations.
ARTICLE 7
ELECTIONS; ELECTION RELATED MATTERS
SECTION 7-1. TOWN ELECTIONS
The regular town election shall be held on the first Tuesday following the first Monday in November in each odd numbered year.
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SECTION 7-2. NOMINATIONS
The number of signatures of voters required to place the name of a candidate on the official ballot to be used at a preliminary election shall be as follows: for the office of mayor not less than one hundred such signatures, provided, however, that not more than twenty-five signatures from any one district shall be counted in the minimum number of required signatures; for the office of school committee member or for the office of councilor-at-large not less than one hundred such signatures, provided, however, that not more than twenty-five signatures from any one district shall be counted in the minimum number of required signatures; for the office of district councilor not less than fifty such signatures, all of which shall be from the district from which the nomination is sought.
SECTION 7-3. BALLOT POSITION
The order in which names of candidates appear on the ballot for each office shall be determined by a drawing, by lot, conducted by the town clerk which shall be open to the public.
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SECTION 7-4. DISTRICTS
The territory of the town shall be divided into five districts so established as to consist of compact and contiguous territory, bounded insofar as possible by the center line of known streets or ways or by other well-defined limits. Each such district shall be composed of voting precincts otherwise established in accordance with general laws. The town council shall from time to time, but at least once in each ten years, review such districts to insure their uniformity in number of inhabitants.
SECTION 7-5. TIE VOTES FOR CANDIDATES
Whenever an election results in two or more candidates for the same office receiving the same number of votes for the office, and only one such officer is to be chosen. the tie shall be broken by a public drawing by lot conducted by the town clerk for which not less than seven days notice shall be given by publication in a local newspaper.
SECTION 7-6. APPLICATION OF STATE GENERAL LAWS
Except as expressly provided in this charter and authorized by law, all town elections shall be governed by the laws of the commonwealth relating to the right to vote, the registration of voters, the nomination of candidates, the conduct of preliminary, general and special elections, the submission of charters, charter amendments and other propositions to the voters, the counting of votes, the recounting of votes, and the determination of results.
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SECTION 7-7. PETITIONS TO COUNCIL OR SCHOOL COMMITTEE
The town council or the school committee shall hold a public hearing and act with respect to every petition which is addressed to it which is signed by one hundred voters, or more, and which seeks the passage of a measure. The hearing shall be held by the town council or the school committee, or, in either case, by a committee or sub-committee thereof, and the action by the town council or the school committee shall be taken not later than three months after the petition is filed with the clerk of the council or the secretary of the school committee as may be appropriate. Hearings on two or more petitions filed under this section may be held at the same time and place. The clerk of the council or the secretary of the school committee shall mail notice of the hearing to the ten persons whose names appear first on the petition at least forty-eight hours before the hearing. Notice, by publication, of all such hearings shall be at public expense.
SECTION 7-8. CITIZEN INITIATIVE MEASURES
(a) Commencement - Initiative procedures shall be started by the filing of an initiative petition with the clerk of the council or the secretary of the school committee, as the case may be. The petition shall be addressed to the town council or to the school committee, shall contain a request for the passage of a particular measure which shall be set forth in full in the petition, and shall be signed by at least ten percent of the total number of voters as of the date of the most recent town election. Signatures to an initiative petition need not all be on one paper, but all such papers pertaining to any one measure shall be fastened together and shall be filed as a single instrument with the endorsement thereon of the name and residence address of the person designated as filing the same. With each signature on the petition there shall also appear the street and number of the residence of each signer.
Within ten days following the filing of the petition the board of registrars of voters shall ascertain by what number of voters the petition has been signed, and what percentage that number is of the total number of voters as of the date of the most recent town election. The town clerk shall attach to the petition a certificate showing the results of their examination and shall return the petition to the clerk of the council or the secretary of the school committee according to how the petition is addressed. A copy of the board of registrars of voters certificate shall also be mailed to the person designated upon such petition as having filed the same.
(b) Referral to City Solicitor. - If the board of registrars of voters determine that a petition has been signed by a sufficient number of voters, the clerk of the council or the secretary of the school committee, as the case may be, shall forthwith following receipt of such certificate deliver a copy of the petition to the town solicitor. The town solicitor shall, within fifteen days following receipt of a copy of the petition, in writing, advise the town council or the school committee, as may be appropriate, whether the measure as proposed may lawfully be proposed by the initiative process and whether, in its present form it may be lawfully adopted by the town council or the school committee. If the opinion of the town solicitor is that the measure is not in proper form the reply shall state the reasons for such opinion, in full. A copy of the opinion of the town solicitor shall also be mailed to the person designated on the petition as having filed the same.
(c) Action on Petitions - Within thirty days following the date a petition has been returned to the clerk of the council or the secretary of the school committee by the town solicitor and after publication in accordance with the provisions of Section 2-9(c), the town council or the school committee shall act with respect to each initiative petition by passing it without change, by passing a measure which is stated to be in lieu of the initiative measure, or by rejecting it. The passage of a measure which is in lieu of an initiative measure shall be deemed to be a rejection of the initiative measure. If the town council or the school committee fails to act with respect to any initiative measure which is presented to it within thirty days following the date it is returned to it by the town solicitor, the measure shall be deemed to have been rejected on such thirtieth day. If an initiative measure is rejected, the clerk of the council or the secretary of the school committee shall promptly give notice of that fact to the person designated on the petition as having filed the same, by certified mail.
(d) Supplementary Petitions - Within forty-five days following the date an initiative petition has been rejected a supplemental initiative petition may be filed with the clerk of the council or the secretary of the school committee. The supplemental initiative petition shall be signed by a number of additional voters which is equal to five percent of the total number of voters as of the date of the most recent town election. If the number of signatures to such supplemental petition is found to be sufficient by the town clerk, the town council shall call a special election to be held on a date fixed by it not less than forty-five nor more than ninety days following the date of the certificate of the town clerk that a sufficient number of voters have signed the supplemental initiative petition and shall submit the proposed measure, without alteration, to the voters for determination; provided, however, if any other town election is to be held within one hundred and twenty days following the date of the said certificate, the town council may omit the calling of such special election and cause said question to appear on the election ballot at such approaching election for determination by the voters.
(e) Publication - The full text of any initiative measure which is submitted to the voters shall be published in a local newspaper not less than seven nor more than fourteen days preceding the date of the election at which such question is to be voted upon. Additional copies of the full text shall be available for distribution to the public in the office of the town clerk.
(f) Form of Question - The ballots used when voting on a measure proposed by the voters under this section shall contain a question in substantially the following form:
"Shall the following measure which was proposed by voters in an initiative petition take effect?"
(Here insert the full text of the proposed measure, or a fair, concise summary prepared by the petitioners. and approved by the town solicitor) YES NO
(g) Time of Taking Effect - If a majority of the votes cast on the question is in the affirmative, the measure shall be deemed to be effective forthwith, unless a later date is specified in such measure; provided, however, that no such measure shall be deemed to be adopted if fewer than twenty percent of the total number of voters have voted to adopt the measure proposed under the initiative or to rescind the measure protested by the referendum.
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SECTION 7-9. CITIZEN REFERENDUM PROCEDURES
(a) Petition, Effect on Final Vote - If, within thirty days following the date on which the town council or the school committee has voted finally to approve of any measure a petition signed by a number of voters equal to twelve percent of the total number of voters as of the date of the most recent general town election and addressed to the town council or to the school committee as may be, protesting against the measure or any part thereof is filed with the secretary of the school committee or clerk of the council the effective date of such measure shall be temporarily suspended. The school committee or the town council shall forthwith reconsider its vote on such measure or part thereof, and, if such measure is not rescinded the town council shall provide for the submission of the question for a determination by the voters either at a special election which it may call at its convenience, or within such time as may be requested by the school committee, or at the next regular town election, but pending such submission and determination the effect of such measure shall continue to be suspended.
(b) Certain Initiative Provisions to Apply - The petition described in this section shall be termed a referendum petition and insofar as applicable Section 7-8 (a) describing the manner in which a petition is prepared and filed, 7-8 (b) providing for referral to the town solicitor for a legal opinion, 7-8 (e) providing for publication of the text of the measure and 7-8 (f) providing for the form of ballot question shall apply to such referendum petitions, except that the words "measure or part thereof protested against "shall be deemed to replace the word "measure" in said sections wherever it may occur and the word "referendum" shall be deemed to replace the word "initiative" wherever it may occur in said sections.
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SECTION 7-10. INELIGIBLE MEASURES
None of the following shall be subject to the initiative or the referendum procedures: (1) proceedings relating to the internal organization or operation of the town council or of the school committee, (2) an emergency measure adopted in conformity with the charter, (3) the town budget or the school committee budget as a whole, (4) revenue loan orders, (5) any appropriation for the payment of the town's debt or debt service, (6) an appropriation of funds to implement a collective bargaining agreement, (7) proceedings relating to the election, appointment, removal, discharge, employment, promotion, transfer, demotion, or other personnel action, (8) any proceedings repealing or rescinding a measure or part thereof which is protested by referendum procedures, and (9) any proceedings providing for the submission or referral to the voters at an election.
SECTION 7-11. SUBMISSION OF OTHER MATTERS TO VOTERS
The town council may of its own motion, and shall at the request of the school committee if a measure originates with that body and pertains to affairs under its jurisdiction, submit to the voters at any regular town election for adoption or rejection any measure in the same manner and with the same force and effect as are hereby provided for submission by petitions of voters.
SECTION 7-12. CONFLICTING PROVISIONS
If two or more measures passed at the same election contain conflicting provisions, only the one receiving the greatest number of affirmative votes shall take effect.
SECTION 7-13. RECALL ELECTIONS
(a) Application - Any person holding an elected town office may be recalled from such office by the voters in accordance with the procedures made available in this section.
(b) Recall Petition
(1) Office Elected by Voters at Large - Four hundred or more voters may file with the board of registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The signatures on such affidavit shall contain the names of at least sixty voters in each of the districts into which the town is divided for the purpose of elections.
(2) Office Elected by Voters by District - One hundred or more voters may file with the board of registrars of voters an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The signatures on such affidavit shall contain the names only of voters in the district from which the officer was elected.
(3) At Large, or by District - If the affidavit is found to be valid the town clerk shall thereupon deliver to the first ten persons named on said affidavit, petition blanks demanding said recall, printed forms of which shall be kept available. The blanks may be completed by printing or by typewriting; they shall be addressed to the town council; they shall contain the names and residence addresses of the ten persons to whom they are issued and they shall contain the grounds for recall as stated in the affidavit, they shall demand the election of a successor to the office; and they shall be dated and signed by the town clerk. The recall petitions shall be returned to the office of the board of registrars of voters within twenty-one days following the date they are issued, signed by not less than twenty percent of the total number of voters (of the district or of the town as is appropriate) as of the date of the most recent town election.
The sheets constituting a petition need not all be filed at the | 
