The Commonwealth of Massachusetts
——————
PETITION OF:
The Commonwealth of Massachusetts
——————
PETITION OF:
——————
In the Year Two Thousand and Seven.
——————
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
We, the people of the Town of Medway, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and to take the fullest advantages inherent in the Constitution of the Commonwealth, do hereby adopt the following Special Act Charter for the Town of Medway.
CHAPTER 1: TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS
SECTION 1: Incorporation
1-1-1 The inhabitants of the town of Medway within the corporate limits established by law shall continue to be a body corporate and politic with perpetual succession under the name “Town of Medway”.
SECTION 2: Short Title
1-2-1 This instrument shall be known and may be cited as the “Medway Town Charter”.
SECTION 3: Powers of the Town
1-3-1 Subject only to express limitations on the exercise of any power or function by a municipality in the Constitution or Laws of the Commonwealth, it is the intent and purpose of the voters of Medway to secure through the adoption of this Charter all of the powers it is possible to secure for a municipal government under the Constitution and Laws of the Commonwealth.
SECTION 4: Division of Powers
1-4-1 All legislative powers of the Town shall be exercised by a Town Meeting open to all voters. The administration of all Town fiscal, prudential and municipal affairs shall be vested in the executive branch headed by the Board of Selectmen unless otherwise specified in this Charter.
SECTION 5: Construction
1-5-1 The powers of the Town of Medway under this Charter are to be construed liberally in its favor and the specific mention of any particular power is not intended to limit in any way the general powers of the Town of Medway as stated Section 1-3-1. Upon the effective date of this act, the Town of Medway shall be governed by the provisions of this act. To the extent that the provisions of this act conflict with existing by-laws of the Town of Medway, this act shall govern.
SECTION 6: Intergovernmental Relations
1-6-1 Subject to the applicable requirements of any provision of the Constitution or statutes of the Commonwealth, the Town of Medway 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 any one or more civil divisions, subdivisions, or agencies of any state or the United States Government.
SECTION 7: Definitions
1-7-1 Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in this Charter shall have the following meanings:
(a) Charter - The word “Charter” shall mean this Charter and any amendments to it which may hereafter be adopted.
(b) Days - The word “days” shall refer to business days, business days being defined as not including Saturdays, Sundays and legal holidays, when the time set is less than seven (7) days. When the time set is seven (7) days or more, every day shall be counted, unless business days is clearly noted in the article.
(c) Emergency - The word “emergency” shall mean a sudden, unexpected, unforeseen, happening, occurrence, event, or condition which necessitates immediate action, and does not refer to financial events which could be or should have been anticipated and planned for in the fiscal budgeting process.
(d) M.G.L. - The abbreviation “M.G.L.” shall refer to Massachusetts General Laws.
(e) Majority vote - The words “majority vote” shall mean a majority of those present and voting, provided there is a quorum of the body present when the vote is taken, unless a higher number is required by law.
(f) Multiple member body - The words “multiple member body” shall mean any Town body consisting of two or more persons and whether styled board, commission, committee, sub- committee, or otherwise and however elected or appointed or otherwise constituted.
(g) Quorum - The word “quorum”, unless otherwise required by law or this Charter, shall mean a majority of the members of a multiple member body then in office, not including any vacancies which might then exist.
(h) Town - The word “Town” shall mean the Town of Medway.
(i) Town agency - The words “Town agency” shall mean any board, commission, committee, department, division or office of the Town government.
(j) Town Bulletin Board - The words “Town Bulletin Board” shall mean the bulletin board in the Town Hall on which official Town notices are posted and those at other locations within the Town which may, from time to time, be designated as Town bulletin boards by by-law.
(k) Town 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 that position exercises some portion of the sovereign power of the Town.
(l) Voters - The word “voters” shall mean registered voters of the Town of Medway.
(m) Web-Site - The word “web-site” shall mean the Town of Medway’s official World Wide Web internet address.
CHAPTER 2: LEGISLATIVE BRANCH
SECTION 1: Town Meeting
2-1-1 The legislative powers of the Town shall be exercised by a Town Meeting open to all registered voters of the Town of Medway.
2-1-2 The Town Meeting shall meet in regular session at least twice in each calendar year. The first of two meetings shall be defined as the Annual Town Meeting, to be held on the second Monday in May, at such time and in such manner as fixed by by-law, and shall be primarily concerned with the determination of matters involving the expenditure of town funds, including, but not limited to, the adoption of an annual operating budget for all town agencies and the determination of other matters to be decided by ballot of voters. The Annual Election of Town officers shall be held on the third Tuesday in May each year, commencing in May of the year following adoption of this Charter.
2-1-3 The second regular Town Meeting, to be held on a date fixed by by-law, but no later than the third Monday in November, the powers of which shall be deemed to be those of the “Fall Town Meeting”, shall be primarily concerned with, but not limited to, the financial condition of the Town and actions required to keep the Town’s revenue and expense budget balanced for the remainder of the current fiscal year.
2-1-4 Special Town Meetings shall be held at the call of the Board of Selectmen at such times as it may deem necessary and whenever a special meeting is petitioned by voters in accordance with procedures available under M.G.L.
SECTION 2: Moderator
2-2-1 There shall be a Town Moderator elected to office, the term and duties of the Moderator are outlined in Article 3, Section 3.
SECTION 3: Warrants
2-3-1 Every Town Meeting shall be called by a warrant issued by the Board of Selectmen which shall state the date, time and place at which the meeting is to be convened and, by separate articles, the subject matter to be acted upon.
2-3-2 The publication of the warrant for every Town Meeting shall be in accordance with procedures outlined in this Charter and Town by-laws governing such matters.
SECTION 4: Initiation of Warrant Articles
2-4-1 Initiation - The Board of Selectmen shall accept articles for inclusion in the warrant for the Annual Town Meeting and all Special Town Meetings in accordance with M.G.L.
2-4-2 Referral - The Board of Selectmen forthwith following receipt of any petition containing a proposed warrant article filed with the Board of Selectmen in accordance with Section 2-4-1, shall cause an accepted and signed copy of the proposed warrant article to be delivered to the chairperson or designee of the Finance Committee, a copy to be posted on the Town bulletin board, a copy to be posted and available on the Town’s official external internet web-site, and shall cause such other distribution to be made of each proposed warrant as may be required by law or by-law.
SECTION 5: Availability of Town Officials at Town Meetings
2-5-1 Every Town officer, elected official, each member of a multiple member body, head of each department, and head of each division within said department shall attend all sessions of the Town Meeting for the purpose of providing the Town Meeting with information and answering questions concerning matters appearing in the warrant.
2-5-2 In the event a Town officer, the head of department or division, is to be absent due to illness or other reasonable cause, he/she shall designate a deputy to attend in their place.
2-5-3 If any person designated to attend the Town Meeting under this section is not a voter, such person, notwithstanding, has a right to address the meeting for the purpose of compliance with this section.
SECTION 6: Committees
2-6-1 Subject to the provisions of this Charter and to such by-laws or other town meeting votes regarding committees as may be provided, the Moderator shall appoint for fixed terms the members of such committees of the Town Meeting, special or standing, as may from time to time be established other than those appointed by vote of the Town Meeting. In addition to such specific powers, duties and responsibilities as may be provided to a Town Meeting committee by by-law or vote establishing it, each such committee, when acting within the scope of its authority, shall have the right to examine the pertinent records of any Town agency or department and to consult with any Town officer.
2-6-2 Finance Committee. There shall be a Finance Committee, consisting of nine (9) registered voters of the Town, who shall be sworn to the faithful performance of their duties. No elected or appointed Town official or employee shall be eligible to serve as a member of the Finance Committee.
Annually, not later than the first day of July, an Appointment Committee comprised of the Town Moderator, the Chairman of the Finance Committee, and the Chairman of the Board of Selectmen, shall appoint three members for a term of three (3) years in place of those whose terms expire in that year. Said appointment committee shall commence its selection process by posting a notice of annual vacancies on the Town bulletin board, the Town official external internet website, and in at least one local newspaper of daily circulation not later than seven (7) days following that year’s date of Annual Town Meeting. The Appointment Committee shall formally interview all applicants and shall appear before the Board of Selectmen to notify it and the public of its appointments in person at a regularly scheduled public meeting of that board.
Following the Annual Town Meeting to be held in May 2008, all nine (9) Finance Committee seats shall be deemed vacant. Not later than July 1st, 2008, the Appointment Committee, which for purposes of these initial appointments only shall include the immediate past chairman of the Finance Committee, shall select three (3) applicants to fill one-year terms, three (3) applicants to fill two-year terms, and three applicants (3) to fill three-year terms.
Annually, the Finance Committee shall hold one or more meetings to permit discussion of the subject matter of all articles contained in the warrant for each regular and special Town Meeting, except those articles subject to public hearings by other multiple member bodies and not containing appropriations. The Finance Committee shall report its recommendations on the articles for which it held public hearings, in writing, in accordance with the Board of Selectmen‘s budgeting calendar for the Annual Town Meeting, and at least ten (10) days before any other Town Meeting.
No financial article shall be presented to any regular or special Town Meeting that has not previously been submitted to the Finance Committee for its review. The Finance Committee shall have such additional powers and duties as may be provided by M.G.L., by this Charter or by by-law.
SECTION 7: Clerk of the Meeting
2-7-1 The Town Clerk shall serve as the clerk of the Town Meeting(s).
2-7-2 In the event of the absence of the Town Clerk, the Town Clerk shall designate a substitute; otherwise, the Town Moderator shall appoint a clerk pro tempore.
2-7-3 The Town Clerk shall give notice of all meetings to the public, keep a journal of its proceedings and perform such other functions as may be required by M.G.L., by charter, by by-law or by other Town Meeting vote. Notice of all meetings shall also be posted and available to all on the Town official external internet web-site.
SECTION 8: Rules of Procedure
2-8-1 The Town Meeting may, by by-law, establish and from time to time amend, revise or repeal rules to govern the conduct of Town Meeting(s).
SECTION 9: General Powers and Duties
2-9-1 All legislative powers of the Town, except as otherwise provided by law or this Charter, shall be vested in the Town Meeting. The Town Meeting shall provide for the exercise of all powers of the Town and for the performance of all duties and obligations imposed upon the Town for which no other provision is made in this Charter or by law.
CHAPTER 3: ELECTED OFFICERS
SECTION 1: General Provisions
3-1-1 The offices to be filled by ballot of the voters of the entire Town shall be the Board of Selectmen,
School Committee and Town Moderator.
3-1-2 In addition to the Town offices enumerated above, members of the Board of Library Trustees, Medway Housing Authority, Parks and Recreation Commission, Planning and Economic Development Board, Board of Health, Water and Sewer Commission, Town Clerk, and such other officers or representatives to regional authorities or districts as may be established by law or by inter-local agreement, shall also be filled by ballot at Town elections.
3-1-3 Any registered voter of the Town shall be eligible to hold any elective Town office.
3-1-4 Elected Town office holders shall receive such compensation for their services as may be appropriated annually for such purpose. All full-time paid office holders shall comply fully with all Town Personnel Policies and Directives.
3-1-5 Notwithstanding their election by the voters, the Town officials named in this section shall be subject to call of the Board of Selectmen or of the Town Administrator, at all reasonable times, for consultation, conference, and discussion on any matter relating to their respective offices.
All appointed and elected officials are required to work with each other in a cooperative manner and in the best interests of the Town.
3-1-6 Elected multiple member body vacancies. If there is a vacancy in a board consisting of two or more members, other than the Board of Selectmen, the remaining members shall forthwith give written notice of the existence of any such vacancy to the Board of Selectmen. The Board of Selectman, with the remaining members or member of such board, shall fill such vacancy by a joint roll call vote. The Board of Selectmen shall set a date for the joint vote and give one week’s notice. If such notice is not given within thirty (30) days following the date on which said vacancy occurs, the Board of Selectmen shall, after one week’s notice, fill such vacancy without participation by the remaining members or member of the multiple member body.
3-1-7 Board of Selectmen vacancy. If there is a failure to elect or if a vacancy occurs in the office of
Selectmen, vacancies shall be filled in accordance with M.G.L.
3-1-8 Vacancy in office. If there exists a vacancy in elected office which does not consist of two (2) or more members of a board or committee, the Selectmen shall provide for notice of such vacancy as provided by posting the vacancy on the Town bulletin board and the Town official electronic external internet web site. Any person who desires to be considered to fill such vacancy may, within ten (10) days following the date the notice is posted, file with the Board of Selectmen a statement which sets forth in clear and specific terms the qualifications which he/she holds for the position. The Board of Selectmen shall fill such vacancy no earlier than fourteen (14) days and no later than thirty (30) days after notice was posted. The person who receives a majority of the votes cast at the Board of Selectmen’s meeting shall be the person appointed to fill such vacancy. The person appointed to fill such vacancy shall hold office until the next regularly scheduled annual Town election at which time the vacant position shall be included on the ballot.
3-1-9 In accordance with Chapter 150 of the Acts of 1997, the Town of Medway is authorized by vote of the Town Meeting at least ninety (90) days prior to the Annual Town Meeting to determine whether an elected office, board, committee or commission shall be abolished, divided or appointed by the Town Administrator or Board of Selectmen: provided, however, that no such vote shall take effect and no action shall be taken there under until such matter is submitted to the voters of Medway at the next annual Town election in the form of a ballot question and a majority of the votes cast are in the affirmative.
SECTION 2: Board of Selectmen
3-2-1 Composition, term of office. There shall be a Board of Selectmen consisting of five (5) members elected for terms of three years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year.
3-2-2 The executive powers of the Town shall be vested in the Board of Selectmen which shall be deemed to be the Chief Executive Office of the Town. The Board of Selectmen shall have all of the executive powers it is possible for a Board of Selectmen to have and to exercise under the Commonwealth of Massachusetts Constitution and M.G.L., and such additional powers and duties as may be authorized by this Charter, by-law, or Town Meeting vote. The Board of Selectmen shall serve as the chief policy making agency of the Town. The Board of Selectmen shall be responsible for formulation and promulgation of policy directives and guidelines to be followed by all Town agencies serving under it and, in consultation with other elected Town officers and multiple member bodies, to develop and promulgate policy guidelines designed to bring all Town agencies into harmony provided, however, nothing in this section shall be construed to authorize any member of the Board of Selectmen, nor a majority of such members, to become involved in the day-to-day administration of any Town Agency. As chief policy making agency of the Town the Board of Selectmen shall seek to secure the cooperation of the Town’s elected boards, committees and officials, in the implementation of such policies. The Board of Selectmen shall be responsible for the efficient and effective coordination of the activities of all elected and appointed boards and committees, and for this purpose shall have authority, consistent with law, to call together for consultation, conference, and discussion at reasonable times all elected and appointed boards and committees, except that this provision shall not apply to the School Committee.
3-2-3 Licensing authority. The Board of Selectmen shall be the licensing board for the Town and shall have the power to issue licenses as authorized under M.G.L., to make all necessary rules and regulations regarding the issuance of such licenses, to attach conditions and impose restrictions on any such licenses as it deems to be in the public interest, and to enforce all laws, rules, regulations and restrictions relating to all such business for which it issues licenses.
3-2-4 The Board of Selectmen shall cause the Charter, by-laws, and rules and regulations for the government of the Town to be enforced and shall cause an up-to-date record of all its official acts to be kept, and to be posted and available to all on the Town official external internet web-site.
3-2-5 Town Administrator. The Board of Selectmen shall appoint a Town Administrator for a term not to exceed three (3) years. The appointment of Town Administrator shall be by the affirmative vote of at least three (3) members of the Board of Selectmen, with reappointment by at least three (3) affirmative votes of the Board of Selectmen. Removal of the Town Administrator requires at least four (4) affirmative votes of the Board of Selectmen, and in accordance with procedures outlined in Section 5-4-1 of this Charter.
3-2-6 Other appointments. The Board of Selectmen shall make appointments as outlined in Article 9 of this Charter, and shall have the authority to make other appointments deemed necessary, as provided by M.G.L., by this Charter, by by-law, or by other Town Meeting vote.
3-2-7 Unless noted elsewhere in this Charter, the terms of office of all appointments made by the Board of Selectmen shall be as currently specified by M.G.L., by this Charter, by by-law or Town Meeting vote.
3-2-8 Investigations. The Board of Selectmen may investigate or may authorize the Town Administrator to investigate the affairs of the Town and the conduct of any agency of the Town, including any doubtful claims against the Town. The report of the results of such investigation shall be placed on file in the office of the Board of Selectmen.
SECTION 3: Town Moderator
3-3-1 Term of office. There shall be a Town Moderator elected for a term of three (3) years.
3-3-2 Powers and duties. The Town Moderator shall be the presiding officer of the Town Meeting(s), shall regulate its proceedings, decide all questions of order, ensure that accurate and complete records and minutes of the Town Meeting are being maintained by the Town Clerk, and shall have such other powers and duties as may be provided by M.G.L., by this Charter, by by-law or by other Town Meeting vote.
SECTION 4: School Committee
3-4-1 Composition, term of office. There shall be a School Committee consisting of five (5) members elected for terms of three (3) years each so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year.
3-4-2 Powers and duties. The School Committee shall have all the powers and duties which are given to school committees by M.G.L. and it shall have such additional powers and duties which are given by by-law, or other Town Meeting vote. The powers of the School Committee shall include, but are not intended to be limited to the following:
(1) To appoint and terminate the Superintendent of Schools and other officers as allowed by M.G.L., to fix their compensation and to define their duties, make rules concerning their tenure and to discharge them.
(2) To make all reasonable policies consistent with M.G.L. or State Department of Education regulations for administration and management of the public school system and for conduct of its own business and affairs, and to review and approve budgets for public education in the district.
(3) To establish educational goals and policies for the schools in the district with the requirements of law and in accordance with statewide goals and standards established by the State Board of Education.
SECTION 5: Town Clerk
3-5-1 Term of office. There shall be a Town Clerk elected to serve for a term of three (3) years.
3-5-2 Powers and duties. The Town Clerk shall be the keeper of vital statistics for the Town and the custodian of the Town seal; shall administer the oath of office to all persons, elected or appointed to any office; shall issue such licenses and permits as are required by law to be issued by town clerks; shall supervise and manage the conduct of all elections and all other matters relating to elections; shall be the clerk of the Town Meeting, keep its records and minutes, and in the absence of the Town Moderator, preside pending the election of a temporary Town Moderator. The Town Clerk shall also have such other powers and duties as are given to town clerks by M.G.L., by this Charter, by by-law or by other vote of the Town Meeting.
SECTION 6: Board of Library Trustees
3-6-1 Composition, term of office. There shall be a Board of Library Trustees consisting of five (5) members elected for terms of three (3) years each, so arranged that the term of office of as nearly an equal number of members as possible shall expire each year.
3-6-2 Powers and duties. The Board of Library Trustees shall have the custody and management of the public library and of all property of the Town related to said library. All funds of money and property that the Town may receive by gift or bequest for the purpose of library support or maintenance shall be administered by the Board of Library Trustees in accordance with the provisions of any such gift or bequest. The board shall have all of the other powers and duties which are given to boards of library trustees by M.G.L., by this Charter, by by-law or other Town Meeting vote.
SECTION 7: Planning and Economic Development Board
3-7-1 Composition, term of office. There shall be a Planning and Economic Development Board consisting of five (5) members elected for terms of three (3) years each, so arranged that the term of office of as nearly an equal number as is possible shall expire each year.
3-7-2 Powers and duties. The Planning and Economic Development Board shall have all the powers and duties that planning boards and economic development boards may have under the Massachusetts Constitution and M.G.L., and it shall have such additional powers and duties as may be authorized by the Charter or by-laws. The Planning and Economic Development Board shall make careful studies of the resources, possibilities and needs of the Town and shall make plans for the development of the Town. The Planning and Economic Development Board shall provide for the review and updating of the comprehensive master plan at least every ten (10) years, setting forth policies governing the future growth and development of the Town’s economic, developmental and human service needs.
The Planning and Economic Development Board shall regulate the sub-division of land within the Town by adoption of rules and regulations governing such development and the administration of such rules and regulations. The Planning and Economic Development Board shall make recommendations to the Town Meeting on all matters affecting land use and development, including zoning by-laws of the Town.
The Planning and Economic Development Board shall make an annual report, giving information regarding the condition of the Town and any plans or proposals for its development and estimates of their costs.
3-7-3 The Planning and Economic Development Board shall direct the efforts of the Town’s Industrial Development Committee, and shall appoint the members of the Industrial Development Committee and any other committees as provided by M.G.L. and by-law.
SECTION 8: Board of Health
3-8-1 Composition, term of office. There shall be a Board of Health consisting of three (3) members elected for terms of three (3) years each, so arranged that the term of office of as nearly an equal number of members as possible shall expire each year.
3-8-2 Powers and duties. The Board of Health shall be responsible for the formulation and enforcement of rules and regulations affecting the environment and the public health, and shall have all the powers and duties which are given to boards of health under the Massachusetts Constitution and M.G.L., and such additional powers and duties as may be authorized by the Charter, by by-law or by other vote of the Town Meeting.
SECTION 9: Water and Sewer Commission
3-9-1 Composition, term of office. There shall be a Water and Sewer Commission consisting of three (3) members elected for terms of three (3) years each, so arranged that the term of office of as nearly an equal number of members as possible shall expire each year.
3-9-2 Powers and duties. The Water and Sewer Commission shall be responsible for the formulation and enforcement of rules and regulations affecting the municipal water system and sewer system, and shall have all the powers and duties which are given to water sewer commissions under the Massachusetts Constitution and M.G.L., and such additional powers and duties as may be authorized by the Charter, by by-law or by other vote of the Town Meeting.
SECTION 10: Housing Authority
3-10-1 Composition, term of office. There shall be a Housing Authority consisting of five (5) members serving for terms of three (3) years each, so arranged that the term of office of as nearly an equal number of members as possible shall expire each year. Four of these members shall be elected and the fifth member shall be a resident of the Town appointed as provided by M.G.L.
3-10-2 The Housing Authority shall make studies of housing needs of the community and shall provide programs to make available housing for families of low income and for elderly persons of low income. The Housing Authority shall have all of the powers and duties which are given to housing boards/authorities under the Massachusetts Constitution and M.G.L.
SECTION 11: Park and Recreation Commission
3-11-1 Composition, term of office. There shall be a Park and Recreation Commission consisting of three (3) members elected for terms of three (3) years each, so arranged that the term of office of as nearly an equal number of members as possible shall expire each year.
3-11-2 Powers and duties. The Park and Recreation Commission shall conduct and promote recreation, play, sport, physical education and other programs to meet the leisure time needs of the community. The Park and Recreation Commission shall have all the powers and duties which are given to park and recreation commissions under the Massachusetts Constitution and M.G.L., and such additional powers and duties as may be authorized by the Charter, by by-law or by other vote of the Town Meeting.
SECTION 12: Recall Provisions
3-12-1 Any holder of an elected office in Town may be recalled and removed therefrom by the qualified voters of the Town as herein provided.
3-12-2 Two (2%) percent of the qualified voters of the Town may make and file with the Town Clerk an affidavit containing the name of the officer sought to be recalled and removed and a statement of the grounds of removal. The Town Clerk shall thereupon deliver to said voters making such affidavit a sufficient number of copies of petition blanks for such recall and removal. Said blanks shall be issued by the Town Clerk with his/her signature and official seal attached thereto, and shall be dated and addressed to the Board of Selectmen. Said blanks shall contain the name of the person to whom issued, the number of blanks so issued, the name of the person sought to be removed, the office from which removal is sought, the grounds of removal as stated in said affidavit, and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the Town Clerk. Said recall petition shall be returned and filed with the Town Clerk within thirty (30) days after the filing of the affidavit. Said petition before being returned and filed shall be signed by ten (10%) percent of the qualified voters, and to every such signature shall be added the place of residence of the signer, giving the street and number. The recall petition shall be submitted at or before five o’clock in the afternoon of the Thursday preceding the day on which it must be filed, to the registrars of voters in the Town, and the registrars shall forthwith certify thereon the number of signatures which are names of voters of the Town.
3-12-3 If the petition shall be found and certified by the Town Clerk to be sufficient, he/she shall submit the same with this certificate to the Board of Selectmen without delay, and the Board of Selectmen shall forthwith give written notice to such officer of the receipt of said certificate and shall, if the officer sought to be removed does not resign within five (5) days thereafter, thereupon order a removal election to be held on a day fixed by them not less than twenty-five (25) nor more than thirty-five (35) days after the date of the Town Clerk’s certificate that a sufficient petition is filed; provided, however, that if any other town election is to occur within sixty (60) days after the date of said certificate, the Board of Selectmen may, in their discretion, postpone the holding of the removal election to the date of such other election. If a vacancy occurs in said office after a removal election has been so ordered, the election shall nevertheless proceed as provided in this section.
3-12-4 Any officer sought to be removed may be a candidate to succeed him/herself and, unless he requests otherwise in writing, the Town Clerk shall place his/her name on the official ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election, and the conduct of the same, shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this Charter. A majority of those voting at the recall election shall be sufficient to recall such elected officer.
3-12-5 The incumbent shall continue to perform the duties of his/her office until the removal election. If then re-elected, he/she shall continue in office for the remainder of his/her unexpired term, subject to recall as before, except as provided in Section 3-12-7. If not re-elected in the removal election, he/she shall be deemed removed upon the qualification of his/her successor, who shall hold office during the unexpired term. If the successor fails to qualify within five (5) days after receiving notification of his/her election, the incumbent shall thereupon be deemed removed and the office vacant.
3-12-6 Ballots used in a removal election shall submit the following propositions in the order indicated:
For the removal of (name of officer)
Against the removal of (name of officer)
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X) may vote for either of such propositions. Under the proposition shall appear the word “Candidates” and the direction “Vote for one” and beneath this the names of candidates nominated as hereinbefore provided.
If a majority of the votes cast on the recall question is in the affirmative, then the candidate that received the highest number of votes in the special election to fill the vacancy shall be elected. If a majority of the votes on the question is in the negative, the ballots for candidates to fill the potential vacancy need not be counted.
13-12-7 No removal petition shall be filed against an officer within three (3) months after he/she takes office, no in the case of an officer subjected to a removal election and not removed thereby, until at least three (3) months after such election.
13-12-8 No person who has been removed from an office by a removal election, or who has resigned from office while removal proceedings were pending against him/her, shall be appointed to any town office within two (2) years after such removal by a removal election or such resignation.
CHAPTER 4: APPOINTED OFFICERS
SECTION 1: General Provisions
4-1-1 In accordance with this Charter, Section 3- 2-6, the Board of Selectmen shall appoint the Town Administrator, Town Counsel, Board of Assessors, Zoning Board of Appeals, Affordable Housing Committee, Capital Improvements Committee, Conservation Commission, Charles River P.C.D. Rep., those members of the Community Preservation Committee as provided by town by-law, and other Committee or Commission representatives as required by M.G.L., Charter, or by-law.
4-1-2 The Board of Selectmen shall appoint the Board of Assessors, comprised of three (3) members, each appointed to serve staggered terms of three (3) years each. The Town Administrator shall appoint the Administrative Assessor, in accordance with Section 6-4-5 of this Charter.
4-1-3 The Board of Selectmen shall appoint an independent External Auditor, who shall report to the Board of Selectmen and ensure compliance with the finance and fiscal procedures as outlined in this Charter.
4-1-4 Consistent with the Tri-County Regional Vocational Technical High School charter, a committee of three (3), made up of the Chairman of the Board of Selectmen, Chairman of the Medway School Committee, and the Town Moderator, shall appoint a resident of Medway for a three (3) year term, to represent the Town of Medway on the Tri-County RVTHS School Committee.
4-1-5 All Town Agency appointments by the Board of Selectmen, including those made by the Town Administrator, shall be for a term not to exceed three (3) years, unless otherwise stated in this Charter or required by Town by-law or M.G.L.
CHAPTER 5: TOWN ADMINISTRATOR
SECTION 1: Appointment; Qualifications; Term of Office
5-1-1 The Town Administrator appointed by the Board of Selectmen for a three (3) year term,
shall be the chief administrative officer of the town and be responsible to the Board of Selectmen for the administration of all town affairs placed in his/her charge by or under the Charter. The Town Administrator shall be a person especially fitted by education which shall consist of at least a bachelor’s degree from an accredited degree-granting college or university, and a minimum of seven (7) years of professional experience which shall include previous, full-time, compensated service in a managerial capacity in public or business administration
5-1-2 The Town Administrator need not be a resident of the town or the Commonwealth at the time of appointment. He/she must however establish residence within the Commonwealth and within reasonable proximity of the town, as determined by the Board of Selectmen, within twelve (12) months following his/her appointment.
5-1-3 The Town Administrator shall hold no elected office or other appointed Town office, shall devote full time to the duties of the office and shall engage in no other business or occupation without written authorization of the Board of Selectmen.
5-1-4 The Town Administrator shall not have served in an elected office in the Town government for at least twelve (12) months prior to his/her appointment.
5-1-5 The Board of Selectmen shall evaluate annually the performance of the Town Administrator, based on mutually established pre-determined goals, standards and criteria for performance.
5-1-6 The Board of Selectmen may, from time-to-time, establish additional duties or qualifications for the office of Town Administrator. The Town Administrator shall perform such other duties consistent with the office as may be required by the by-laws of the Town, or by vote of the Selectmen, or Town Meeting.
SECTION 2: Powers and Duties
5-2-1 The Town Administrator shall be the administrative officer for the Town and shall be responsible to the Board of Selectmen for the proper operation of Town affairs for which the Town Administrator has been given responsibility for under this Charter, by vote of the Town Meeting, or by vote of the Selectmen.
5-2-2 The Town Administrator shall have all the powers, duties, and responsibilities of appointing and removing all technical and operational positions of the Town, including all department heads, all officers, subordinates, and employees of the Town, except for employees of the School Committee and Library Trustees, appointments made by the Commonwealth, and those appointments for which another method of appointment is provided for in this Charter. A listing of the appointments authorized under of this Charter is provided in Article 9. The Town Administrator shall consider the recommendations of department heads, committees and commissions when making any appointment within their respective areas. Department heads, committees and commissions shall be notified in writing, prior to the Town Administrator making any appointment within their respective areas, if the appointment is other than the recommendation of said department heads, committees and commissions.
5-2-3 The Town Administrator shall direct and supervise the administration of all functions under his/her control, and be responsible for the efficient and proper operation of all Town agencies/departments, with the exception of the School Department and Public Library.
5-2-4 The Town Administrator shall coordinate the activities of the Town with the School Department, Library, and other departments, which may not be under the direct control of the Town Administrator.
5-2-5 The Town Administrator shall be Chairman of the Town Financial Review Team, shall establish monthly meetings of the Financial Review Team to ensure timely review of all financial matters affecting the town, including a review of all major variances to budget. Reports on variances and matters of importance shall be provided timely to the Board of Selectmen, Finance Committee, and School Committee.
5-2-6 The Town Administrator shall be responsible for the preparation and submission to the Board of Selectmen, Finance Committee and Capital Improvement Committee, the annual capital outlay program. The Library and School Department shall provide the Town Administrator with their capital outlay programs.
5-2-7 The Town Administrator shall attend all meetings of the Board of Selectmen, unless excused at his/her own request, and shall have a voice, but no vote, in all of its discussions.
5-2-8 The Town Administrator shall attend all sessions of the Town Meetings and answer all questions directed to him/her by the voters of the Town.
5-2-9 The Town Administrator, at his/her request, shall be free to attend all meetings of the School Committee, and shall have a voice in all discussions. The Town Administrator shall have no vote at School Committee meetings, except as authorized under M.G.L. Chapter 150E for the purpose of negotiating union contracts.
5-2-10 The Town Administrator shall see that all provisions of the M.G.L., of the Charter, of by-laws, and of votes of the Town Meeting and of the Board of Selectmen which require enforcement by him/her or officers subject to his/her direction and supervision are faithfully carried out.
5-2-11 The Town Administrator shall administer all provisions of general and special laws applicable to the Town, to the Charter, to the by-laws and votes of the Town, and all rules and regulations made by the Board of Selectmen which lie within the scope of the powers and duties of the office.
5-2-12 The Town Administrator shall negotiate all contracts involving any subject within the jurisdiction of the office of Town Administrator, including contracts with all Town employees, as provided under M.G.L., excluding contracts with the Director of the public library and other professional librarians, which shall fall under the purview of the Library Trustees.
5-2-13 The Town Administrator shall have full jurisdiction over the leasing, rental and use of all Town facilities, including land and buildings, except land and buildings under the control of the School Committee, Library Trustees, Park and Recreation Commission and Conservation Commission. He/she shall be responsible for the maintenance and repair of all Town property, excluding school buildings and library, placed under his/her control by this Charter, by by-law or otherwise.
5-2-14 The Town Administrator, as required by M.G.L. Chapter 30B, Uniform Procurement Act, shall be the certified Chief Procurement Officer responsible for the purchase of all supplies, materials, and equipment, except books and other educational materials for schools and books, supplies, materials, equipment and other media materials for the library, and approve the award of all contracts for all Town departments with the exception of the School Department and Public Library, subject to the approval of the Board of Selectmen.
5-2-15 The Town Administrator shall be responsible for keeping full and complete records of the financial and administrative activities of the Town and shall render a full report to the Board of Selectmen at the end of each fiscal year and otherwise as said board may require.
5-2-16 The Town Administrator shall keep full and complete inventory of all property of the Town, both real and personal.
5-2-17 The Town Administrator may at any time inquire into the conduct of the office of any officer or employee, or department under his/her jurisdiction.
SECTION 3: Acting Town Administrator
5-3-1 Temporary absence. By letter filed with the Board of Selectmen and Town Clerk, the Town Administrator shall designate a qualified Town administrative officer or employee to exercise the powers and perform the duties of Town Administrator during a temporary absence. During a temporary absence the Board of Selectmen may not revoke such designation until at least ten (10) working days have lapsed, whereupon it may appoint another qualified Town administrative officer or employee until the Town Administrator shall return.
5-3-2 Vacancy. Any vacancy in the office of the Town Administrator shall be filled as soon as possible by the Board of Selectmen, but, pending such regular appointment the Board of Selectmen shall appoint a qualified administrative officer to perform the duties of the office on an acting basis. Such temporary appointment may not exceed three (3) months, but one renewal may be voted by the Board of Selectmen not to exceed the second three (3) months. Compensation for such person shall be set by the Board of Selectmen.
5-3-3 Powers and duties. The powers of temporary or acting Town Administrator, under Section 5-3-1 and 5-3-2 of this Charter, shall be limited to matters which should not be delayed and shall include authority to make temporary, emergency appointments or designations to Town office or employment but not to make permanent appointments or designations.
SECTION 4: Removal and Suspension
5-4-1 The Board of Selectmen may for just cause, by the affirmative vote of four (4) of its members, terminate and remove, or suspend, the Town Administrator from office in accordance with the following procedure:
(a) The Board of Selectmen shall adopt a preliminary resolution of removal or suspension by affirmative vote of four (4) members which must state the reason or reasons for removal or suspension. This preliminary resolution may suspend the Town Administrator for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered to the Town Administrator forthwith.
(b) Within five (5) days after receipt of the preliminary resolution the Town Administrator may request a public hearing by filing a written request for such hearing with the Board of Selectmen. This hearing shall be held at a meeting of the Board of Selectmen not later than thirty (30) days after the request is filed nor earlier than twenty (20) days. The Town Administrator may file a written statement responding to the reasons stated in the resolution of removal or suspension with the Board of Selectmen provided the same is received at its office more than forty-eight (48) hours in advance of the public hearing.
(c) The Board of Selectmen may adopt a final resolution of removal or suspension, which may be made effective immediately, by the affirmative vote of four (4) of its members not less than ten (10) nor more than twenty-one (21) days following the date of delivery of a copy of the preliminary resolution to the Town Administrator, if the Town Administrator has not requested a public hearing; or within ten (10) days following the close of the public hearing if the Town Administrator has requested one. Failure to adopt a final resolution of removal or suspension within the time periods as provided in this section shall nullify the preliminary resolution of removal or suspension and the Town Administrator shall at the expiration of said time, forthwith resume the duties of the office.
(d) Faced with action by the Board of Selectmen to terminate, remove or suspend, the Town Administrator shall be afforded all of the provisions provided municipal employees under M.G.L. Ch. 39, Sect. 23B, Open Meeting Law.
5-4-2 The action of the Board of Selectmen in suspending or removing the Town Administrator shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension and removal solely in the Board of Selectmen.
5-4-3 Any appointed officer, member of a multiple member body or employee of the Town, not subject to the provisions of M.G.L., or covered by the terms of a collective bargaining agreement which provides a different method, and whether appointed for a fixed or an indefinite term, may be suspended or removed from office, without compensation, by the appointing authority for good cause. The term “good cause” shall include, but not be limited to the following: incapacity other than temporary illness, inefficiency, insubordination, and conduct unbecoming to the office.
5-4-4 Any appointed officer, member of a multiple member body or employee of the Town may be suspended from office by the appointing authority if such action is deemed by said authority to be necessary to protect the interests of the town. Suspension may be coterminous with removal and shall not interfere with the rights of the officer or employee under the removal procedure stated in section 5-4-5 of this Charter.
5-4-5 The appointing authority when removing any officer, member of a multiple member body or employee of the Town shall act in accordance with the following procedure:
(a) A written notice of the intent to remove and a statement of the cause or causes therefore shall be delivered in hand, or by registered mail or certified mail, return receipt requested, to the last known address of the person sought to be removed.
(b) Within five (5) days following deliverance of such notice, the officer, member of a multiple member body or employee of the Town may request a public hearing at which such person may be represented by counsel, shall be entitled to present evidence, call witnesses and to question any witness appearing at the hearing.
(c) Between one (1) and ten (10) days after the public hearing is adjourned, or if the officer, member of a multiple member body or employee of the Town fails to request a public hearing between six (6) and fifteen (15) days after delivery of the notice of intent to remove, the appointing authority shall take final action, either removing the officer, member of a multiple member body or employee of the Town or notifying such that the notice is rescinded. Failure of the appointing authority to take any action within the time periods as stated in this section shall be deemed to be a rescission of the original notice and the officer, member of a multiple member body or employee shall, forthwith, be reinstated.
(d) Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed for a fixed term is not reappointed when the original term expires.
SECTION 5: Loss of Office, Excessive Absence
5-5-1 If any person appointed as a member of a multiple member body shall fail to attend four (4) or more consecutive meetings, or one half of all of the meetings of such body held in one (1) calendar year, the remaining members of the multiple body may, by a majority vote of the remaining members of such body, declare the office vacant, provided, however, that not less than ten (10) days prior to the date said vote is scheduled to be taken the body has given in hand, or mailed by registered or certified mail, return receipt requested, notice of such proposed or pending vote to the last known address of such person.
SECTION 6: Resolution of Policy Conflicts
5-6-1 The Board of Selectmen shall maintain an “open door” policy, and shall establish procedures for addressing policy conflicts, should they arise between or among either appointed or elected Town officials, which could impact the health, safety, or welfare of the Town.
CHAPTER 6: ADMINISTRATIVE ORGANIZATION
SECTION 1: Organization of Town Agencies
6-1-1 The organization of the Town into operating agencies/departments for the provision of services and the administration of the government may be accomplished through either of the methods provided in this article.
6-1-2 The Town Administrator, after consultation with the Board of Selectmen, may from time to time prepare and submit to the Town Meeting plans for organization or reorganization which establish operating divisions/departments for the orderly, efficient or convenient conduct of the business of the Town.
Whenever the Town Administrator prepares such a plan, the Board of Selectmen shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper, posting on the Town bulletin board, and posting on the Town official electronic external internet web-site, which notice shall describe the scope of the proposal and the date, time and place at which the hearing will be held, not less than seven (7) nor more than fourteen (14) days following the said publication. Following such public hearing, the proposal, which may have been amended subsequent to the public hearing, shall be submitted to the Town meeting by an appropriate warrant article.
6-1-3 An organization or reorganization submitted in compliance with Section 6-1-2 of this Charter shall become effective at the expiration of sixty (60) days following the date of adjournment of the Town Meeting at which the required quorum was present and the proposal is submitted, unless the Town Meeting shall, by a majority vote, vote to disapprove the plan. The Town Meeting may vote only to approve or disapprove the plan and may not vote to amend or alter it.
6-1-4 The Town Administrator, for the purpose of implementing changes approved under Section 6-1-2 and Section 6-1-3 of this Charter, 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 appropriations of one (1) Town agency to another; provided, however, that no function assigned by this Charter to a particular Town agency may be discontinued or, unless this Charter so specifically provides, be assigned to any other.
SECTION 2: Department of Public Services
6-2-1 There shall be a Department of Public Services, headed by a Director of Public Services, who shall be either the Town Administrator or a Director of Public Services appointed by the Town Administrator. The Director of Public Services so appointed shall be a person especially fitted by education, training, or previous experience to perform the duties of the office.
6-2-2 The Director of Public Services shall be responsible for the supervision and coordination of all public services operations of the Town which are placed under his/her control by this Charter, by by-law, by vote of the Town or otherwise. Public Services operations may include, but need not be limited to, the following operations: refuse collection and disposal, sewer, water supply and distribution, forestry services, and maintenance of Town infrastructure, including Town buildings, roads, parks, and cemeteries.
6-2-3 Other offices, the functions of which are related to a Department of Public Services, may from time to time be assigned to the department in accordance with by-laws as provided in this article.
SECTION 3: Finance Director
6-3-1 There shall be a Finance Director appointed by the Town Administrator, who may simultaneously serve as the Town Accountant or Treasurer-Collector. The Finance Director shall be responsible for all matters dealing with Town finance. The appointed Treasurer-Collector, appointed Town Accountant, and appointed Administrative Assessor shall report to the Finance Director.
6-3-2 The Finance Director shall provide the coordination of all financial services and activities and provide assistance to all other Town departments in any matter related to finances; and other such functions related to the fiscal management and planning of the Town.
6-3-3 The Finance Director and other officers and employees of the finance office shall operate in matters related to finance under the oversight and direction of the Town Administrator and shall assist the Town Administrator in providing required and interim reports and preparing materials for the budget process, as required under Article 7, Section 2 of this Charter.
6-3-4 There shall be a Town Financial Review Team. The Town Administrator shall serve as chairman of the Financial Review Team which shall be comprised of the following Town Officers: Town Administrator, Town Finance Director, Town Treasurer/Collector, Town Accountant, Administrative Assessor, Town Human Resource Director, School Business Manager, and Town MIS Director.
SECTION 4: Treasurer-Collector, Town Accountant, and Administrative Assessor
6-4-1 The Town Administrator shall appoint for a three (3) year term a Treasurer-Collector who shall report to the Finance Director, as provided in Section 6-3-1 above.
6-4-2 The Treasurer-Collector shall provide for the administrative, supervisory and technical work involving the timely receipt, disbursement, and investment of Town funds, the borrowing of monies and the timely collection of all taxes and fees, as determined by by-law or Town meeting vote, due the Town or any agency of the Town.
6-4-3 The Town Administrator shall appoint for a three (3) year term a Town Accountant, who shall report to the Finance Director, as provided in Section 6-3-1 above.
6-4-4 The Town Accountant shall be responsible for the administrative, supervisory and technical work involved in keeping detail, complete, and accurate general ledger and accounting records for the Town.
6-4-5 The Town Administrator shall appoint for a three (3) year term an Administrative Assessor who shall report to the Finance Director, as provided in Section 6-3-1 above.
6-4-6 The Town Administrative Assessor shall be responsible for the administrative, supervisory, and technical work involving the valuation and assessment of real and personal property within the Town.
SECTION 5: Human Resource Director
6-5-1 There shall be a Town Human Resource Director, who shall be either the Town Administrator or a Human Resource Director appointed by the Town Administrator. The Human Resource Director shall administer the Town Personnel System, except employees of the school department, including, but not limited to, personnel policies and practices, rules and regulations, and all collective bargaining agreements entered into by the Town. The HR Director shall serve the entire Town as personnel administrator, and perform the functions of contract negotiations with Town employees, Town agencies, union organizations, personnel associations, insurance carriers, State agencies, and investment advisors, as directed by the Town Administrator.
6-5-2 The Town Personnel System shall provide for timely background reviews and proper security authorization of all Town employees, job descriptions for every employee, performance appraisals and reviews, and maintenance of all personnel records, contracts, and collective bargaining agreements.
6-5-3 All appointments and promotions of Town officers and employees shall be made solely on the basis of merit and fitness by examination or other evidence of competence and suitability. The HR Director shall ensure the Town Personnel System contains an employee classification plan, compensation plan, promotion policy, disciplinary policy, and grievance procedures.
SECTION 6: Director of Management Information Systems
6-6-1 There shall be a Management Information Systems Director for the Town. This individual shall be a shared resource between Town agencies, the School Department, and Library. The MIS Director shall be jointly appointed by the Town Administrator and the Superintendent of Schools, and shall report to the Town Administrator.
6-6-2 The MIS Director, working in collaboration with all Town departments, shall be responsible for establishing uniform standards, operating procedures, security policies for all hardware and software applications across the entire Town, and development of a long term technology plan.
SECTION 7: Inspectional Services Department
6-7-1 There shall be a Department of Inspectional Services reporting to the Town Administrator, which shall include the Inspector of Buildings who shall serve as the Zoning Enforcement Officer, Inspector of Weights and Measures; Wiring Inspector; Gas and Plumbing Inspector; and any other code enforcement inspectors required by M.G.L.
6-7-2 The Department of Inspectional Services shall provide for the consolidation of inspection operations, coordination of functions, centralized planning of work assignment and distribution, timely inspection services, centralized record keeping, and management of manpower resources.
6-7-3 The Town Administrator shall appoint the Inspector of Buildings, the Inspector of Weights and Measures, Wiring Inspector, Gas and Plumbing Inspector, Health Agent and Zoning Enforcement Officer, each for a term of three (3) years and in accordance with M.G.L. The Town Administrator may appoint assistants to any of the referenced inspectors in this section, as provided by town by-law, or Town Meeting vote.
SECTION 8: Publication of the Charter, By-Laws, Organization Chart and Personnel Plan
6-8-1 For the convenience of the public, the Town Charter, By-Laws, Organization Chart, and Staffing Plan, as prepared by the Town Administrator, in conformity with Article 5, Section 2, shall be published and available on the Town‘s official external internet web-site. The School Committee and the Library Trustees shall provide the Town Administrator with copies of their respective staffing plans annually for publication on the Town‘s official web-site. The Town Administrator shall ensure the timely publication and availability of all information cited in this section.
CHAPTER 7: FINANCE AND FISCAL PROCEDURES
SECTION 1: Fiscal Year and Duties
7-1-1 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 M.G.L.
7-1-2 The Finance Committee, acting on behalf of the Towns residents, shall be responsible for the timely and thorough review of all financials statements, forecasts, and recommendations to be presented in conjunction with warrants for expenditures at the Annual Town Meeting, as authorized in this Charter under Article 2, Section 6.
SECTION 2: Budget Process
7-2-1 Annually, prior to the first day of October, the Board of Selectmen, with the assistance of the Town Administrator and Financial Review Team, shall establish and issue a budgeting calendar, which shall set forth the scheduled calendar dates relating to the development of the Town’s annual operating budget for the ensuing fiscal year.
7-2-2 The schedule shall be in accordance with this Charter, and designed to comply with meeting all of the Massachusetts Department of Revenue reporting deadlines, unless deviation therefrom is recommended by the Town Administrator and approved by the Board of Selectmen and the Finance Committee.
7-2-3 Annually, prior to the first day of October, the Town Administrator shall receive from the Board of Selectmen, Finance Director, Treasurer-Collector, Town Accountant and the Board of Assessors the estimated revenues for the ensuing fiscal year. Upon receipt of any additional specific fiscal data provided by the Commonwealth or any other source the above officials shall within ten (10) business days revise, update and submit the data forthwith to the Town Administrator.
7-2-4 Annually, prior to the first day of November, the Board of Selectmen, after consultation with the Town Administrator shall issue a policy statement that shall establish the general guidelines for the next fiscal year’s Town budget.
7-2-5 All agency and department heads and all multiple member bodies, including the School Department and Library, shall submit the next fiscal year’s detailed budget to the Town Administrator, in accordance with the Board of Selectmen‘s budgeting calendar and guidelines.
7-2-6 The Town Administrator shall submit to the Board of Selectmen, in accordance with the Board of Selectmen’s budgeting calendar, a comprehensive draft budget for all Town functions for the ensuing fiscal year and an accompanying budget message.
7-2-7 The draft budget message shall explain the draft budget in fiscal terms and in terms of what specific projects are contemplated in the year ahead. It shall:
(a) Outline the proposed financial policies of the Town for the ensuing year,
(b) Describe the important features of the budget,
(c) Indicate any major changes from the current fiscal year in financial policy, expenditures and revenues, together with reasons for such changes,
(d) Summarize the Town’s debt position, and
(e) Include such other material as the Town Administrator may deem appropriate.
7-2-8 The draft budget shall provide a complete financial plan for all Town funds and activities and shall be in such form as the Town Administrator, in consultation with the Financial Review Team and Finance Committee, may establish. The draft budget shall indicate proposed expenditures for Town and School Department operations and for capital projects during the ensuing year, detailed by each Town agency and by specific purposes and projects.
7-2-9 The Board of Selectmen shall, within thirty (30) days following the submission of the draft budget by the Town Administrator, adopt a proposed budget, with or without amendments, and shall submit it to the Finance Committee. The Board of Selectmen shall also transmit the budget request of the School Committee, with its recommendations thereon, to the Finance Committee.
7-2-10 The Finance Committee shall conduct one or more public hearings on the proposed budget, including the school budget, and shall issue printed recommendations and detailed explanations and of all financial articles in an Annual Finance Committee Report, in accordance with the Board of Selectmen‘s budgeting calendar. In preparing its recommendations, the Finance Committee may require the Town Administrator, any town agency or department, office, board, commission, or committee to appear and furnish it with appropriate additional financial reports and budgetary information.
7-2-11 The Board of Selectmen shall meet with and consider all Finance Committee recommendations and present its proposed budget to the Town Meeting, with or without Finance Committee changes thereto.
7-2-12 The Finance Committee shall present its recommendations to the Town Meeting and shall be given first opportunity at Town Meeting to move amendments to the budget.
SECTION 3: Budget Tracking
7-3-1 The Finance Director shall ensure the timely monitoring of all Town agencies and departments, including the School Department and Library, actual revenues and expenditures to budget at least monthly throughout the Town’s fiscal year. All variances to budget will be made known in a monthly report to the Board of Selectmen and Finance Committee.
7-3-2 Wherever variances to budget exist, the Board of Selectmen will ensure that corrective action is taken by each agency or department to bring the Town’s total revenues and expenses in line. Annually, at the Fall Town Meeting, the Board of Selectmen will report all significant, anticipated and actual, variances to budget and the corrective actions being taken to bring the total revenues and expenses in line.
SECTION 4: Long Term Budget
7-4-1 Annually, the Town Administrator shall update a five (5) year revenue and expense budget. Budget guidelines shall be issued based upon revenue projections.
CHAPTER 8: GENERAL PROVISIONS
SECTION 1: Charter Changes
8-1-1 This Charter may be replaced, revised or amended in accordance with any procedures made available under the Massachusetts Constitution and statutes enacted to implement the said constitutional provisions.
SECTION 2: Severability
8-2-1 The provisions of this Charter are severable. If any provision of this Charter is held invalid, the other provisions of this Charter shall not be affected thereby. If the application of this Charter or any of its provisions to any person or circumstances is held invalid, the application of this Charter and its provisions to other persons and circumstances shall not be affected thereby.
SECTION 3: Specific Provisions Prevail
8-3-1 To the extent that any specific provision of this Charter shall conflict with any provision expressed in general terms, the specific provision shall prevail.
SECTION 4: Number and Gender
8-4-1 Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include a singular person or thing; words importing the feminine gender shall include the masculine gender; words importing the masculine gender shall include the feminine gender.
SECTION 6: Rules and Regulations
8-6-1 A copy of the rules and regulations adopted by a Town agency shall be filed in the office of the Town Clerk, shall be posted on the Town’s official external internet web-site, and shall become effective immediately upon filing.
SECTION 7: Periodic Review, Charter and By-Laws
8-7-1 Charter review. Once every seven (7) years, a special committee consisting of five (5) members shall be established for the purpose of reviewing this Charter and to make a report, with recommendations, to the Town Meeting concerning any proposed amendments which said committee may determine to be necessary or desirable. The five (5) members of the committee shall be chosen as follows: the Board of Selectmen, the School Committee, the Library Trustees, the Finance Committee, and the Town Moderator shall each designate one (1) person. Persons designated by said agencies may, but need not, be members of the agency by which they are designated. The committee shall meet to organize forthwith following the final adjournment of the Annual Town Meeting.
8-7-2 By-Law Review. The Board of Selectmen shall immediately upon adoption of this Charter and thereafter at five (5) year intervals, in each year ending in eight (8) or three (3), cause to be prepared by a special committee for that purpose, a proposed revision or modification of all by-laws of the Town which shall be presented to the Town Meeting in the year following the year in which the said committee is appointed. The said committee in its final or its interim report shall include recommendations for such substantive change in Town by- laws as it deems necessary or advisable. The review of Town by-laws shall be in conjunction with Town counsel or special counsel retained for that purpose. Subsequent to enactment by the Town Meeting, copies of the revised by-laws shall be forwarded to the attorney general of the commonwealth for approval, and they shall be otherwise published, all as required by M.G.L. Copies of the revised by-laws shall be made available for distribution to the public, and posted on the Town official external internet web-site.
CHAPTER 9: OTHER PROVISIONS
SECTION 1: Town Administrative Organization
9-1-1 Until such time as a different form of organization shall be provided for, in accordance with the provisions of Article 6 of this Charter, the following outline of administrative organization shall be operative:
1. The Board of Selectmen shall appoint:
Town Administrator
Town Counsel
Affordable Housing Committee
Board of Assessors
Board of Registrars
Zoning Board of Appeals
Capital Improvement Committee
Conservation Commission
Charles River Pollution Control District Representatives
Disability Commission Representative
Conservation Commission Representatives
Norfolk County Advisory Board Representative
Southwest Advisory Planning Committee Representative
External Auditor
Historical Commission
Memorial Committee
Cultural Council
Council on Aging
Constables
2. The Town Moderator, Chairman of the Board of Selectmen, and the current Chairman of the Finance Committee shall appoint:
Finance Committee
3. The Town Administrator shall appoint:
Police Chief
Fire Chief
Administrative Assessor
Treasurer/Collector
Finance Director
Town Accountant
Director of Public Services
Code Enforcement Officers [Including: Building, Wires, Plumbing, Gas, and Sealer of Weights and Measures]
Zoning Enforcement Officer
Human Resource Director
Management Information Systems Director (in conjunction with the School Superintendent.)
Planning Coordinator
Health Agent
Senior Center Director
Veterans Agent and Grave Officer
Emergency Management Director
Tree Warden/Moth Agent
All other Town Employees except those appointed by the School Committee and Library Trustees.
Other Committees and Commissions of the Town defined by M.G.L., Charter, or by-law.
4. The Library trustees shall appoint:
Director of the Public Library and other professional librarians.
5. The School Committee shall appoint:
The Superintendent of Schools
CHAPTER 10: TRANSITIONAL PROVISIONS
SECTION 1: Continuation of Existing Laws
10-1-1 All General Laws, special laws, Town by-laws, votes, rules and regulations of or pertaining to the town which are in force when this Charter takes effect and which are not specifically or by clear implication repealed hereby, shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation. In any case in which the provisions of this Charter are found to be inconsistent with the provisions of any general or special law that would otherwise be applicable, the provisions of this Charter shall be deemed to prevail. Every inconsistency between the prior law and this Charter shall be decided in favor of this Charter.
This Charter shall be submitted to the voters of the Town of Medway for acceptance at the next town election in the form of the following question, which shall be placed on the official ballot to be used at that election: “Shall the Town of Medway accept the provisions of an Act passed by the General Court entitled ‘An Act to Establish a Charter for the Town of Medway’, be accepted?”. A fair and accurate summary of the provisions of this Charter prepared by Town Counsel shall also be placed on the official ballot. If a majority of votes cast in answer to this question are in the affirmative, this Charter shall then take effect.
SECTION 2: Continuation of Government
10-2-1 All Town agencies shall continue to perform their duties until reappointed, reelected, or until successors to their respective positions are duly appointed or elected, or their duties have been transferred and assumed by another Town agency in accordance with the provisions of this Charter.
SECTION 3: Continuation of Personnel
10-3-1 Any person holding a Town office or employment under the Town shall retain such office or employment and shall continue to perform his/her duties until provisions shall have been made in accordance with this Charter for the performance of said duties by another person or agency, provided, however, no person in the permanent full time service of the Town shall forfeit their pay grade, or time in the service of the Town as a result of the adoption of this Charter.
10-3-2 Upon the effective date of the adoption of this Charter, the incumbents serving as members of the Board of Assessors shall continue to serve in said offices for the balance of the terms for which they were elected. Upon the expiration of said terms of office or if a vacancy shall sooner occur, the offices shall be appointed by the Board of Selectmen.
SECTION 4: Time of Taking Effect
10-4-1 This Charter shall become fully effective upon its adoption by the voters of the Town, except as otherwise provided in this section:
(a) Forthwith following the adoption of this Charter, the Town Administrator shall engage legal counsel for the Town to revise the existing by-laws of the Town in order to fully implement the provisions of this Charter and bring them in conformity with the provisions of this Charter. Town counsel shall submit a report and recommendations to the Town Meeting for adoption by a warrant article at a session of the Town Meeting held not later than the Annual Town Meeting in the year following the year in which the Charter is adopted.
(b) The Board of Selectmen shall have the authority to adopt measures which have the force of transitional provisions of this Charter in order to clarify, confirm or extend any provision of this Charter in order that the transition may be made in the most expeditious and the least contentious manner possible.
(c) Within twelve (12) months following the adoption of this Charter, the Town Administrator shall appoint a Human Resources Director in accordance with Section 6-5-1 of this Charter.
(d) Within twelve (12) months following the adoption of this Charter, the Town Administrator shall appoint a Finance Director in accordance with Section 6-3-1 of this Charter. Upon the appointment of a Finance Director, a Financial Review Team shall be established.
(e) Within twelve (12) months following the adoption of this Charter, the Town Administrator shall appoint a Public Services Director in accordance with Section 6-2-1 of this Charter.
(f) Within twenty four (24) months following the adoption of this Charter, the Town Administrator, in consultation with the School Superintendent, shall appoint an MIS Director in accordance with Section 6-6-1 of this Charter.
(g) Within twenty four (24) months following the adoption of this Charter, the Town Administrator shall establish a centralized procurement system for the Town in accordance with M.G.L. Chapter 30B and Section 5-2-14 of this Charter.
(h) At the next annual town election following the effective date of this Charter, only one (1) member of the School Committee shall be elected and, until then, the six (6) incumbent members shall remain in office.
(i) The members of the Planning Board in office on the date that this Charter takes effect shall serve as members of the Planning and Economic Development Board during their current terms of office. As the term of each current member of the Planning Board expires, a member of the Planning and Economic Development Board will be elected at the annual town election in accordance with this Charter.
(j) The members of the Park Commission in office on the date that this Charter takes effect shall serve as members of the Park and Recreation Commission during their current terms of office. As the term of each current member of the Park Commission expires, a member of the Park and Recreation Commission will be elected at the annual town election in accordance with this Charter.
SECTION 5: Transfer of Records and Property
10-5-1 All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers and duties of which are assigned in whole or in part to another office or agency shall be transferred forthwith to the office, department or agency to which such powers and duties are assigned.