By Representative Kulik of Worthington and Senator Resor, joint petition (accompanied by bill, 1963) of Stephen Kulik and Pamela P. Resor for legislation to further regulate the number of selectmen in towns. Municipalities and Regional Government.

The Commonwealth of Massachusetts

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PETITION OF:

Stephen Kulik

Pamela P. Resor

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In the Year Two Thousand and Seven.

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An Act further regulating the number of selectmen in towns.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Section 1 of chapter 41 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 10 and 11, the words “Three or more selectmen for a term of not more than three years, subject to the provisions of sections twenty-one.”  And inserting in place thereof the following:  Three selectmen for a term of not more than 3 years, or any odd number of selectmen for a term authorized (i) by a charter or charter amendment adopted under chapter 43B, or (ii) by a special law enacted under Section 8 of Article 2, as appearing in Article 89, of the Amendments to the Constitution, subject, however, to section 21 of this chapter.

                Section 2.  The second paragraph of section 21 of said chapter 41, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following:  If a town shall vote in accordance with this section that its selectmen shall act or perform the duties of any of the boards or commissions named in the first paragraph, it shall, at the next and succeeding annual meetings, elect its selectmen for a minimum term of three years and in accordance with clauses (c) and (d) of section 20 of chapter 43B.

                Section 3.  A vote taken, or a by-law adopted, at a town meeting held before the effective date of this act that changed the number of selectmen, if in conformity with all other applicable laws, is hereby validated and confirmed, notwithstanding the failure to comply with procedures of chapter 43B of the General Laws.