SENATE, No. 1182

SECTION 1. Chapter 1 Form of Government

Section 1.   Incorporation

1-1-1 The present Town of Truro, Massachusetts, within its territorial limits as established by law, shall continue to be a body corporate and politic under the name of "Town of Truro."           

Section 2.   Branches of Government

1-2-1 The legislative powers of the Town shall be vested in a Town Meeting in accordance with the provisions contained in Chapter 2 of this Charter.

1-2-2  The executive powers of the Town shall be vested in a Board of Selectmen in accordance with the provisions contained in Chapter 4 of this Charter.

1-2-3 The administrative functions of the Town shall be exercised by a Town Administrator in accordance with the provisions contained in Chapter 5 of this Charter.

Section 3.    Powers of the Town

1-3-1 The Town shall possess, exercise and enjoy all powers possible under the Constitution and the General Laws of the Commonwealth as fully and completely as though they were expressly enumerated in this Charter.

1-3-2 The powers of the Town under this Charter shall be construed liberally in its favor, and no specific grant of particular powers in this Charter shall limit in any measure the general grant of power under section 1-3-1 of this Charter.

1-3-3 The Town may enter into agreements with any governmental division or agency of any municipality, county, the Commonwealth, other state, or the United States to perform jointly, by contract or otherwise, any of its powers or functions, and may jointly participate in the financing thereof.

Section 4 General Provisions

1-4-1 Specific Provisions Prevail. To the extent that any specific provision of this Charter may conflict with any provision expressed in general terms, the specific provision shall prevail.

1-4-2 Severability. If any provision of this Charter is held invalid, such invalidity shall not affect any other provision of this Charter which can be given effect without the invalid provision, and to this end, the provisions nf this Charter are severable.

(NOTE: Formerly 1-4-4)

1-4-3 Nonwaiver of Provisions. The provisions of this Charter shall not be waived. If any provision of this charter is not enforced in any instance for whatever reason, it shall not be construed as a reason for nor a precedent set to avoid or prevent subsequent enforcement of such provision. (119/2000)

(NOTE: Formerly 1-4-3)

1-4-4 Charter Changes. This Charter may be replaced, revised, or amended in accordance with the Constitution and the General Laws of the Commonwealth. The preferred method of Charter revision in the Town of Truro is via Special Legislation from the General Court.

(See Appendix C).

(NOTE: Formerly 9-9-3)

1-4-5 Future Revisions and Recodifications. In April of the eighth year following the election at which this Charter is adopted and every eighth year thereafter a Charter and By-law Review Committee of seven members shall be appointed by the Board of Selectmen for two years. If deemed necessary by a majority vote of the Board of Selectmen, a Charter and By-law Review Committee may be appointed sooner than the next scheduled ten-year review. Such committee shall make recommendations for the revision, recodification, or amendment of this Charter and/or the General By-laws and/or the Personnel By-laws to the next Annual Town Meeting or at the Town Meeting following the completion of its work, such revisions or amendments to be made in accordance with the General Laws, this Charter, and the General By-laws, and shall be discharged upon making such recommendations to the Annual Town Meeting. The Town Counsel or, if the Board of Selectmen shah so direct, special counsel appointed for that purpose, shall serve as legal counsel to the Committee. The Committee shah commence its review following the adjournment of the Annual Town Meeting in the year preceding the year in which the report is to be filed. The Committee shall cause to be published in a local newspaper (a) the times and places within the Town where complete copies of the report shall be available for inspection by the public; and (b) the date, time and place, not less than two weeks following such publication, when a public hearing shah be held by the Committee on the preliminary report. Following the adoption of any revisions or amendments made in accordance with this section, the Board of Selectmen shall cause to be printed a copy of the revised or amended Charter and/or the General By-laws and shall cause a current reference copy of both to be available in the office of the Town Clerk.

1-4-6 Transitional Provisions. For reasons of continuity of government, once a new, revised or amended Charter is implemented, the following policies shah be adhered to:

(NOTE: Formerly 9-2-1)

a. All General Laws, Special laws, Town By-laws, Town Meeting votes, and rules and regulations of or pertaining to the Town which are in full force 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 until they expire by their own limitation.

(NOTE: Formerly 9-3-1)

b. Members of all Town agencies, offices, and departments shall continue to perform their duties until reappointed, reelected, or until successors to their respective positions are duly appointed or elected, or until their duties have been transferred or assumed by another Town agency, office, or department in accordance with the provisions of this Charter.

(NOTE: Formerly 9-4-1)

c. Any person holding an office or position in the administrative office or position in the administrative service of the Town, and any person serving in the employment of the Town,

shall retain such office or position and shall continue to perform their duties unless provisions are made in accordance with this Charter for the performance of such duties by another person, agency, office, or department provided, however, that no person in the full-time service or employment of the Town shall forfeit their pay grade or time of service.

(NOTE: Formerly 9-10-1)

d. All records, property and equipment of any agency, office or department, or of any part thereof, the powers and duties of which are reassigned in whole or in part to another agency, office, or department shall be transferred forthwith to the agency, office or department to which such powers and duties are reassigned.

            Chapter 2 The Legislative Branch: Town Meeting

Section 1 Conduct of the Town Meeting

2-1-1 The legislative powers of the Town shall be vested in a Town Meeting which shall consider and act upon, with or without amendments, all operating budgets, capital budgets, bond issues or other financial matters, all proposed By-laws or amendments to By-laws, and any other business which may properly come before it.

2-1-2 Every Town Meeting shall be called in pursuance of a warrant issued under the hands of the Selectmen, notice of which shall be given at least seven days before the Annual Town Meeting and at least fourteen days before any special town meeting.

(NOTE: Formerly 2-1-2)

2-1-3 The Annual Town Meeting shall be held in each year on the last Tuesday in April.

(2.55/1993,192/2000)

(NOTE: Formerly 2-1-3)

2-1-4 A Special Town Meeting shall be held at the call of the Board of Selectmen; or, upon petition on an approved form signed by 200 of the registered voters of the Town, the Board of Selectmen shall call a Special Town Meeting to be held within 45 days of receipt of the petition. (119/2000)

(NOTE: Formerly 2-1-4)

2-1-5 A quorum for Town Meeting shall be 100 registered voters as listed at the close of the registration period for Town Meeting. If a quorum is not reached, the Moderator shall adjourn the meeting to a stated place date, time, and date which shall be within seven days. (181/1993,119/2000)

(NOTE: Formerly 2-1-5)

2-1-6 Elected officials, the Town Administrator, division and department heads, and chairpersons of multi-member bodies, or their designated representatives, shall attend Town Meeting in order to provide information when an article or articles which may affect their particular office or function are included in the warrant. If any person so required to attend Town Meeting in accordance with this section is not a resident of the Town, such person shall be allowed to address the Town Meeting.  

2-1-7 The Annual Town Meeting may be postponed by not less than a 4-1 vote of the Selectmen no later than four (4) weeks prior to the last Tuesday in April provided, however, that the postponed meeting takes place no later than the last Tuesday in May. Such postponement can occur only if the required Town business can not be acted on by the scheduled Town Meeting date.

2-1-8 Any Annual or Special Town Meeting may be postponed by the Moderator in coordination with the Truro Emergency Management Director for a period not exceeding seven (7) days in the event of any emergency, disaster or event that could potentially jeopardize the conduct of said meeting, or otherwise harm the citizens of Truro. The Moderator will also postpone said meeting(s) for a period not exceeding seven (7) days if the Truro Central School or other meeting location is being used as a designated shelter, or used in any capacity as determine by the Truro Emergency Management Director.

Section 2 The Moderator

2-2-1 A Moderator shall be elected in accordance with section 3-1-1 of this Charter and shall preside at Town Meeting.

2-2-2 If a vacancy in the office of Moderator occurs during any term, it may be filled by the voters of the town at any annual election in accordance with Chapter 3 of this Charter.

2-2-3 If the Moderator is absent at any Town Meeting, the Town Meeting may elect a temporary Moderator for that Town Meeting.

2-2-4 The Moderator shall regulate the proceedings of all Town Meetings, decide all questions of order and make public declaration of all votes. The Moderator shall conduct the proceedings of Town Meeting in accordance with the General Laws, this Charter, the By-laws, and the Town Meeting Time.

2-2-5 If a simple majority or two-thirds vote of a Town Meeting is required on a particular vote, the Moderator may declare that such plurality has been achieved based on a voice vote, and unless challenged, the vote shall be recorded by the Town Clerk. If any voice vote declared by the Moderator is immediately questioned by a least seven voters, an actual count shall be taken by polling the voters. If a four-fifths or a nine tenths vote of a Town Meeting is required, a count shall be taken by polling the voters and the count recorded by the Town Clerk, unless there is a unanimous vote.

(NOTE: Formerly 2-2-4)

2-2-6 The Moderator shall appoint a Finance Committee in accordance with the provisions of Chapter 6. The Finance Committee shall act in an advisory capacity to the legislative branch, the Town Meeting, in accordance with Section 2-3-7 of this Charter.

(119/2000)

Section 3 The Warrant

2-3-1 Except for procedural matters, all subjects to be acted upon by the Town Meeting shall be placed on warrants issued by the Board of Selectmen. The warrant for the Town Meeting shall be prepared by the Board of Selectmen and shall incorporate appropriate recommendations in accordance with sections 2-3-7 and 2-3-8 of this Charter. (119/2000)

2-3-2 The warrant for any Town Meeting shall include all articles submitted in writing by: (i) any elected or appointed multi-member body acting by a majority of its members; (ii) any ten or more registered voters for submission of any article on the Annual Town Meeting Warrant; or (iii) any 100 or more registered voters for submission of an article on any Special Town Meeting

Warrant. All Town Meeting articles petitioned by registered voters shall be submitted in accordance with sections 2-3-3 and 2-3-4 of this Charter.

(119/2000)

2-3-3 A petition registered voters for submission of an article on a town meeting warrant shall be submitted on a form previously approved by the Board of Selectmen for such purpose. Sufficient guidance shall be provided to the petitioners to ensure that the petitioned article is in the proper form to secure inclusion in the warrant.  (119/2000)

2-3-4 The warrant shall be opened for submission of articles no less than 90 days before the date of the Annual Town Meeting and shall remain open for not less than 30 days. The warrant for a Special Town Meeting shall be opened and closed as determined by the Board of Selectmen, except the period between opening and closing the warrant shall not be less than seven days. (119/2000)

2-3-5 The Town Constable is responsible for serving the warrant and giving the notice prescribed by the General Laws. The Board of Selectmen shall ensure that the warrant is posted and sufficient copies are available at least 14 days before the date of a Town Meeting. The warrant shall be posted and made available to the voters at Town Hall, the Central School, the Public Library, the Transfer Station, and any other locations deemed appropriate by the Board of Selectmen. (119/2000)

2-3-6 In the Annual Town Meeting warrant, the proposed operating budget shall be presented in a single article placed before any other article involving the appropriation, transfer or borrowing of funds. This article shall be followed directly by an article, or series of articles, involving proposed capital expenditures and related matters. These articles shall be followed immediately by any other articles involving the appropriation, transfer or borrowing of funds. In a Special, Town Meeting warrant, the Board of Selectmen shall determine the order of all articles. (119/2000)

2-3-7 The Finance Committee shall state in the warrant or at Town Meeting its recommendation of approval or disapproval and recorded vote for any article calling for the appropriation, transfer, or borrowing of funds before it shall be acted upon by the Town Meeting. Any article not receiving such recommendation as required by this provision may be considered and acted upon only with the approval, by two-thirds vote, of the Town Meeting, unless otherwise provided by the General Laws. The recommendation required by this section shall be made in accordance with section 7-1-7 of this Charter. (119/2000)

2-3-8 Any article sponsored by a multi-member body shall state in the warrant the sponsor's recommendation and recorded vote before it shall be acted upon by the Town Meeting. (119/2000)

Chapter 3 Elections and Recall

Section 1 Elected Officials

3-1-1 The offices to be filled by the voters shah be: 1) the Board of Selectmen; 2) the School Committee; 3) Board of Library Trustees; 4) the Housing Authority; 5) the Planning Board; 6) the Cemetery Commission; 7) the Moderator; and 8) such members of regional authorities or districts as may be established by General Laws, inter-municipal agreement, or bylaw.

3-1-2 There shah be a Board of Selectmen consisting of five (5) members elected for three year terms, so arranged that as nearly an equal number of terms as possible shall expire each year. See Chapter 4 for the powers and duties of the Selectmen.

3-1-3 There shall be a School Committee consisting of five (5) members elected for three-year terms, so arranged that as nearly an equal number of terms as possible shall expire each year. The School Committee shah have all of the powers and duties given it under the provisions of the Constitution and the General Laws, and such additional powers and duties as may be authorized by this Charter, by bylaw, or by town meeting vote. The School Committee shall annually submit a School Budget to the Town Administrator in accordance with the provisions of Chapter 7 of this Charter. Contracts funded within the school budget shah be negotiated and signed by the Superintendent of Schools or the School Committee, in accordance with the General Laws, provided such contract receives funding authorized by Town Meeting.

3-1-4 There shall be a Board of Library Trustees consisting of five (5) members elected for three-year terms, so arranged that as nearly an equal number of terms as possible shah expire each year. The Board of Library Trustees shah have all the powers and duties given it under the provisions of the Constitution and the General Laws, and such additional powers and duties as may be authorized by this Charter, by bylaw, or by town meeting vote. The Board of Library Trustees shall have the custody and management of the library and of all property of the Town related thereto. All money raised or appropriated by the Town for the library's support and maintenance shall be expended by the Board, and all money or property that the town may receive by gift or bequest for the library shall be administered by the Board in accordance with the provisions of such gift or bequest.

3-1-5 There shall be a Housing Authority consisting of five (5) members, four members of which shall be elected by ballot and the fifth member of which shah be a resident of the Town and appointed by the State's Department of Housing and Community Development or as otherwise provided by the General Laws. The Housing Authority members shall serve five (5) year terms, so arranged that one term shall expire each year. The Housing Authority is an independent public body and shall operate pursuant to the provisions of the General Laws and all applicable federal,

state, and local provisions.

 (NOTE: Formerly 3-1-1)

3-1-6 A Moderator shall be elected for a three-year term at any annual election of the town by ballot of the registered votes of the Town. For the powers and duties of the Moderator see Chapter 2, Section 2.

Section 2 Conduct of the Elections

3-2-1 The Annual Election for all elected Town offices shall be by official ballot held each year on the second Tuesday in May. (119/2000)

3-2-2 All Town Elections shall be non-partisan and election ballots shall be printed without any party designation whatsoever.

3 -2-3 Only registered voters of the Town shall be eligible for any elected Town office or elected multi-member body of the Town. (119/2000)

3-2-4 No person shall be a candidate for, or hold concurrently, more than one elected Town office. Service as a representative from the Town to a governmental body other than the Town shall not be prohibited by this provision. (181/1993,171/1994)

Section 3 Taking Office

3-3-1 Persons duly elected to any Town office or multi-member body shall forthwith be sworn to the faithful performance of their duties by the Town Clerk and shall immediately take up the duties of the office or the multi-member body.

Section 4 Recall of Elected Officials.

3-4-1 Persons duly elected to any Town office or multi-member body may be recalled by recall petition and special election in accordance with Chapter 204 of the Massachusetts Acts of 1985, "An Act Authorizing the Town of Truro to Recall Elected Officials," as may be amended from time to time.

            Chapter 4 The Executive Branch: Board of Selectmen

Section I The Board of Selectmen

4-1-1 The executive powers of the Town shall be vested in a Board of Selectmen of five members who shall be elected in accordance with the provisions of Chapter(s) 3 and 6 of this Charter. The Selectmen shall have all the powers and duties given to Boards of Selectmen under the Constitution and the General Laws of the Commonwealth, and such additional powers and duties as may be authorized by this Charter, by bylaw or by other Town Meeting vote.

4-1-2 A vacancy in the office of Selectmen shall be filled by special election in accordance with provisions of the General Laws.

4-1-3 Members 0fthe Board of Selectmen may receive such honoraria as may be authorized and appropriated by the Annual Town Meeting.

 (NOTE: 4-1-4, 4-1-5, 4-1-6 formerly 4-5-1, 4-5-2, 4-5-3 of Chapter 5)

4-1-4 Members of the Board of Selectmen shall possess no individual authority.

4-1-5 Except for the purposes of investigation in accordance with section 4-4-1 of this Charter, the Board of Selectmen shall deal with employees who are subject to the direction and supervision of the Town Administrator solely through the Town Administrator, and neither the Board nor its members shall give orders to any such employee, the single exception being the Administrative Secretary and the Licensing Agent who reports both to the Town Administrator and the Board of Selectmen.

(119/2000)

4-1-6 No member of the Board of Selectmen may be elected or appointed to any other Town office or multi-member body, except in accordance with section  6-2-10 of this Charter. Service as a representative from the Town to a governmental body other than the Town shall not be prohibited by this provision. (119/2000)

4-1-7 The Board of Selectmen shall organize annually, elect a chairperson and other necessary officers, adopt rules of procedure and voting, maintain minutes and all other records of proceedings (copies of which shall be a public record and shall be filed promptly with the Town Clerk), and shall annually submit a report for inclusion in the annual town report.

Section 2 Executive Powers

4-2-1 The Board of Selectmen, under the leadership of its Chairman and considering the guidelines of the Truro Local Comprehensive Plan (LCP) and other Town-approved Plans, shall set and complete goals and objectives for the Town, establish Town policies and Board policies in consultation with the multi-member Boards, and develop and oversee the Town's 5-year Plan (see 4-2-5). The Board shall provide direction to the Town Administrator whom the Board shall appoint pursuant to the provisions of Chapter 5 of this Charter and whom shall administer the day-to-day affairs of the Town in accordance with the goals, policies, and plans of the Town developed by the Board.

4-2-2 The Board of Selectmen shall, in March of each year, conduct and complete an annual evaluation of the performance of the Town Administrator and Police Chief. The evaluation shall consider the competency by which the day-to-day administration of the Town's and the Police Department's affairs have been conducted and whether there has been adequate and appropriate progress on and adherence to the specific goals, objectives, policies, and plans, as established by the Board (see 4-2-1 and 4-2-5).

(NOTE: Formerly 4-2-2)

4-2-3 Any goal, objective, policy, plan, or official act adopted by the Board of Selectmen shall be made in writing, the text of which shall be included in its entirety in the minutes of the meeting at which it is adopted. The ,-the Board shall cause a current reference copy of the minutes to be available to the public in the office of the Town Clerk. A file containing all the Board of Selectmen's current policies and goals shall be maintained at the Office of the Town Clerk for public reference. (119/2000)

(NOTE: Formerly 4-2-3)

4-2-4 The Board of Selectmen shall have the power to enact rules and regulations establishing Town policies not otherwise governed by the General Laws, this Charter, or Bylaw, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the Board of Selectmen shall be effective only after such appropriation has been authorized by the Town Meeting.

(NOTE: Formerly 4-2-4)

4-2-5 The Board of Selectmen shall cause to be compiled and published an Annual Town

Report for each calendar year; which shall include reports from all elected and appointed Town Officials, department heads and multi-member bodies. Such Report shall be available at least 14 days before the next Annual Town Meeting. The Moderator shall be exempt from submitting a report. The Board of Selectmen's report shall include, at a minimum:

            • A Report on the status of all previously established goals and objectives.

            • The previous year's accomplishments by the Board.

            • The rolling Five-Year Plan for the Town defined in Appendix A.

            • The setting of new specific goals and objectives for the Town, including those related to the

              Five-Year Plan. (119/2000)

             (NOTE: Formerly 4-2-5)

4-2-6 The Board of Selectmen shall cause the laws and orders of the government of the Town to be enforced.

 (NOTE: Formerly 4-2-6)

4-2-7 The Board of Selectmen shall serve as the custodian of all Town-owned property, unless otherwise provided by the General Laws, and shall direct the Town Administrator to plan for its preservation, maintenance, and protection, and for the timely replacement of capital facilities and infrastructure. (181/1993,119/2000)

(NOTE: Formerly 4-2-7)

4-2-8 The Board of Selectmen shall have the sole authority to enter into contracts for the Town of Truro as follows:

            a.) Procurement Contracts which exceed the authority of the Town Administrator

                 as set forth in Section 5-3-3 of this Charter;

            b.) All contracts pertaining to real property or interests therein; and

            c.) Contracts for the Town in all other matters, in accordance with the General

                 Laws. (119/2000)

4-2-9 The Board of Selectmen shall be the Licensing Board of the Town and shall have the power to issue all licenses with the exception of public health licenses issued by the Board of Health and other licenses reserved unto others by the General Laws. The Board of Selectmen shah also devise rules and regulations regarding the licensing procedure, set all standards for the issuance of licenses, devise such conditions and restrictions appropriate to each license as it deems to be in the public interest, and to enforce the laws relating to all businesses for which it issues licenses. The Selectmen shall supervise the Licensing Agent of the Town who shall administer the Licenses issued by the Selectmen. The Selectmen may delegate to the Licensing Agent the authority to issue renewals of licenses and to issue certain classes of new licenses, provided the General Laws do not require a public hearing by the Selectmen prior to said renewal or issuance and provided further that the license application meets the standards set by the Selectmen in each instance. (119/2000)

4-2-10  The Board of Selectmen shall, in the fourth quarter of every other calendar year, set all fees collected by the Town, for the following year. The amount of such fees shall be set in accordance with the relevant provisions of the General Laws and only after a public hearing and consultation with the appropriate Tow• Department, multi-member board(s), and Town Administrator, and the Finance Committee.  (119/2000)

4-2-11 The Chairman of the Board of Selectmen, in his or her capacity as the chief presiding officer of the Board, shall have the following additional responsibilities. These responsibilities may be delegated to the Vice-Chairman in the absence or temporary incapacity of the Chairman.

            • Preside over all meetings of the Board.

            • Set the agenda for all Board meetings, in consultation with the Town Administrator and  

              other Board members.

            • Perform the ceremonial requirements of the Board. This responsibility may be appropriately

              delegated to other Board members on a case-by-case basis.

            • Assign, after consultation with other members of the Board, oversight and/or

              direct responsibility, to a Board member, for the completion of each project/program.

            • Maintain a written Working Plan containing all open items being worked by the Board,  

               which Plan shall be reviewed and updated quarterly at a scheduled Board meeting.

            • Create timelines, after consideration with other members of the Board, for projects or

               programs administered by the Board.

            • Oversee the activities of the Board.

            • Promote policies designed to ensure that project program timelines and commitments are

               met.

            • Promote policies designed to ensure that issues presented to and by the Board for

              consideration are resolved expediently.

            • Promote adequate and regular communication between the Board of Selectmen and all

              multi-member bodies, including communications regarding what aspects of the Board and

              Town goals and objectives might be considered by them.

Section 3 Powers of Appointment

4-3-1 The Board of Selectmen shall appoint:

Town Administrator

Public Safety Personnel:

Police Chief and Officers

Board of Fire Engineers

Emergency Management Director

Constables

Town Counsel (19/200)

4-3-2 The Board of Selectmen shall appoint all members to all appointed multi-member bodies, except those to be appointed by the Moderator in accordance with sections 2-2-6 and 6-4-3 of this Charter, and shall appoint all appointed representatives to governmental bodies other than the Town except when otherwise provided by the General Laws or inter-municipal agreements. All appointments are to be made in accordance with the provisions of Chapter 6 of this Charter. (181/1993,119/2000)

Section 4 Powers of Investigation

4-4-1 The Board of Selectmen may conduct investigations and may authorize the Town

Administrator or other agent to investigate the affairs of the Town and the conduct of any

Town Department office, agency or official, including any doubtful claims against the Town. To the extent that the investigation report is a public record under the General Laws, the final report will be filed with the Town Clerk and available for public inspection. If the subject of the investigation is an individual, the Board shall conduct its investigation in accordance with the provisions of the General Laws governing open meetings and public records and the town's Personnel Bylaw, if applicable. (119/2000)

 (NOTE: Section 5 [4-5-1, 4-5-2, 4-5-3] moved to Section I [Chapter 4] as 4-1-4, 4-1-5, 4-1-6)

            Chapter 5 Administration: The Town Administrator

Section 1 Appointment

5-1-1 The Board of Selectmen shall, by an affirmative vote of at least four of its five members

appoint a Town Administrator whose terms of employment shall be set by negotiated employment contract. (119/2000)

 (NOTE: Formerly 5-1-3)

5-1-2 The Board of Selectmen shall search for candidates for the position of Town

Administrator by placing an advertisement in the International City/County Management

Association (ICMA) Newsletter or one other similar professional publication and at least two newspapers having state-wide or regional distribution. (119/2000)

Section 2 Qualifications

5-2-1 The Town Administrator shall be appointed on the basis of educational and professional

qualifications.

5-2-2 The minimum educational qualifications shall include at least a bachelor's degree, preferably in public administration, granted by an accredited degree-granting college or university. This educational qualification may be waived by an affirmative vote of at least four of the five members of the Board of Selectmen.

(119/2000)

5-2-3 The minimum professional qualifications shall include at least three years compensated

service in public administration at a managerial level, provided that the educational qualification required by section 5-2-2 of this Charter is in public administration. If the educational qualification required by section 5-2-2 of this Charter is not in public administration, the professional qualifications shall include at least six years compensated service in public administration, with at least three of those years at a managerial level. If the minimum educational qualification required by subsection 5-2-2 is waived by the Board of Selectmen, the professional qualification shall include at least nine years compensated service in public administration with at least six at a managerial level. (119/2000)

Section 3 Powers and Duties

5-3-1 The Town Administrator shall be the chief administrative officer of the Town and shall

be responsible to the Board of Selectmen for the proper administration of all Town affairs placed in his or her charge by or under this Charter or bylaws. The Town Administrator shall be responsible for administering and coordinating all appointed Town employees, offices, and departments in accordance with Sections 4 and 5 of this chapter and Charter, unless otherwise provided by the General Laws.  (119/2000)

5-3-2 The Town Administrator shall devote full time to the duties of the office and shall not hold any other public office, elected or appointed, nor be engaged in any other business, occupation, or profession while serving in such office, unless such action is approved in advance and in writing by the Board of Selectmen.

5-3-3 The powers and duties of the Town Administrator shall include, but not be limited to the

following:

(a) To supervise and be responsible for the administration of all functions under his or her

     control as authorized by this Charter, Bylaw, Town Meeting vote, or vote of the   

     Selectmen;

                  (b) To supervise all officers and employees appointed by him or her and their respective

                        departments;

 (NOTE: Formerly 5-3-3 (k))

                  (c)  To be responsible for personnel administration in accordance with section 5 of this

                         chapter and Charter;   

                  (d)  To carry out and administer the plans, programs, projects, goals, and objectives

                         assigned to the Town Administrator by the Board of Selectmen;

 (NOTE: Formerly 5-3-3 (a))

                 (e) To attend all meetings of the Board of Selectmen, unless excused at the Town

                       Administrator's request, and to possess the right to speak, but not vote, at all such

                       meetings;

                 (f) To attend all sessions of the Town Meeting and answer all questions directed to the

                      Town Administrator that are related to the responsibilities of the Town   

                      Administrator; (119/20002)

 (NOTE: Formerly 5-3-3 (b))

                 (g) To keep the Board of Selectmen fully informed as to the financial condition

                       needs and needs problems of the Town, and to recommend to the Board of

                       Selectmen such measures which require action by the Board of Selectmen,

                       as the Town Administrator deems necessary or expedient;

                 (h) To see that all provisions of the General Laws, this Charter, the Bylaws,

                       Town Meeting votes and votes of the Selectmen are faithfully carried out and

                       enforced;

 (NOTE: Formerly 5-3-3 (c))

                 (i)  To prepare and present to the Board of Selectmen an annual draft operating

                       budget and proposed capital expenditure budget, in accordance with the provisions

                       contained in Chapter 7 of this Charter;

 (NOTE: Formerly 5-3-3 (d))

                  (j) To administer the annual operating budget and capital expenditures budget as voted by   

                       Town Meeting to ensure all such funds are expended or committed in accordance with   

                       the General Laws Law, this Charter, By-laws and/or or Town Meeting Vote;

                  (k) To keep the Board of Selectmen fully informed as to the availability of all sources of     

                       outside funding, both public and private, including, but not limited to,  

                       intergovernmental grants, so-called "in-lieu-of-taxes" payments, gifts, bequests,

                       contributions or otherwise, giving special consideration to the relationship between

                       such funding sources and the needs and goals of the Town, both short and long

                   range;

            (l)  To assure that a full and complete record of the financial and administrative activities

                  of the Town is kept;

 (NOTE: Formerly 5-3-3 (e))

            (m) To represent the Town in its relations with federal, state, and local units of government

                   as directed by the Board of Selectmen;

 (NOTE: Formerly 5-3-3 (j))

             (n) To develop and maintain a full and complete inventory of all real and personal property

                 owned by the Town in excess of a certain value to be determined by the Board of

                 Selectmen and the Finance Committee;  (119/2000)

             (o) To negotiate and sign contracts the total monetary value of which is up to $25,000

                  (twenty-five thousand). The Board of Selectmen may increase the above monetary

                  limitations, as it deems appropriate.

             (p)  To award all contracts within the limits prescribed in  the preceding  paragraph for all

                   departments and activities of the town, with the exception of the School Department,

                   pursuant to the provisions governing such procurements contained in the General Laws.

 (NOTE: Formerly 5-3-3 (h))

             (q) To possess the right to attend any regular meeting of any multi-member body of the

                   Town, and to possess the right to speak, but not vote, at any such meeting. (119/2000)

 (NOTE: Formerly 5-3-3 (i))

            (r) To inform the Board of Selectmen regarding vacancies in Town offices and multi-member

                  bodies which are appointed by the Board of Selectmen;

             (s) To function as liaison for the Board of Selectmen to the Police Department.

 (NOTE: Formerly 5-3-3 (1))

             (t) To perform such other duties as may be required by the General Laws, this Charter,

                  By-laws Town Meeting vote, and/or by vote of the Board of Selectmen.

            5-3-4 The Town Administrator shall be the negotiator for the Town for collective bargaining agreements unless otherwise provided by the General Laws. The Administrator shall appoint a collective bargaining team which shall consist of the Town Administrator, a member of the Finance Committee in an advisory capacity, and those department heads whose employees shall be subject to the collective bargaining agreement, unless a Department Head is a member of the bargaining unit. The Town Administrator may use professional assistance on the collective

bargaining team.

Section 4 Powers of Appointment

5-4-1 The Town Administrator shall make appointments on the basis of merit and fitness alone,

and may suspend or remove, in accordance with section 8-2-1 of this Charter, Town officials or employees who are subject to the direction and supervision of the Town Administrator.

5 -4-2 The Town Administrator shall appoint the following, subject to the provisions of Sections

5-4-5 and 5-5-4 of this Charter and in accordance with the General Laws, Personnel By-laws, Board of Selectmen Policy or collective bargaining agreements:  (119/2000)

Director of Public Works                                              Beach Commission Supervisor

Town Accountant                                                         Golf Course Manager

Building Commissioner                                      Recreation Director

Deputy Assessor                                                          Harbormaster

Administrative Secretary                                               Town Clerk

Licensing Agent                                                            Town Treasurer

Agent to the Zoning Board of Appeals              Collector of Taxes

Agent to the Board of Health                                        Council on Aging Director

Library Director                                                            Assistant Town Administrator

(in consultation with Board of Library Trustees)

                                                                                                              (171/1994,119/2000)

5-4-3 After consultation with the appropriate elected officials, supervisors, department heads

or multi-member bodies, the Town Administrator shall appoint all full-time, part-time or seasonal employees, except those of the Police Department, the Fire Department or the School Department.

5-4-4 The Town Administrator shall appoint all inspectors, wardens, or other individual

appointments as may be delegated to the Town Administrator by the Board of Selectmen.

5-4-5 All appointments for regular full-time and regular part-time employees made by the

Town Administrator shall be subject to disapproval by a majority vote of the Board of

Selectmen, provided that such a vote is taken prior to the date of the appointment. (119/2000)

5-4-6 The Town Administrator shall appoint, as needed, the director, clerk, and employees of

the Council on Aging, notwithstanding the provision of Section 8B of Chapter 40 of the General Laws. (181/1993)

Section 5 Personnel Administration

5-5-1 The Town Administrator shall, in conjunction with the Board of Selectmen, administer

and enforce the Personnel By-laws and any other personnel rules or regulations adopted by the Town or by collective bargaining agreements. (119/2000)

5-5-2 The Town Administrator shall, in conjunction with the Board of Selectmen, develop and

maintain a personnel plan establishing the staffing requirements of all Town departments or offices, except for those of the School Department. (119/2000)

5-5-3 The Town Administrator shall, in consultation with the Board of Selectmen, cause to be

written, approved, signed, and maintained in a current file, attendance records and job descriptions, which shall include appropriate qualifications and compensation schedules, for all appointed officials and employees. The Town Administrator shall annually review compensation schedules and shall make recommendations regarding modification of the schedules to the Board of Selectmen. (119/2000)

5-5-4 The Town Administrator may, with the approval of the Board of Selectmen, establish,

reorganize, consolidate, or abolish any positions which are subject to the direction and

supervision of the Town Administrator, except as otherwise provided by the General Laws or By-laws The creation of any new position under this section shall not become effective until the position has been funded by Town Meeting, unless otherwise permitted by the General Laws. (119/2000)

Section 6-Vacancy

5-6-1 The Board of Selectmen shall fill a vacancy which arises in the office of the Town

Administrator as soon as possible, but no later than six months after such a vacancy

occurs. The Board may appoint a Screening Committee to assist them in the search and

hiring process. (119/2000)

5-6-2  During vacancy in the office of the Town Administrator due to temporary absence, suspension, removal, resignation, or death, the Assistant Town Administrator shall be the Acting

Town Administrator and shall exercise the rights, possess all authority, and perform the duties assigned or delegated to the Town Administrator. If the Assistant Town Administrator is unable to assume the duties of the Acting Town Administrator, the Board of Selectmen may appoint a town employee to exercise the powers and perform the duties of the Town Administrator during said vacancy.  The appointment of the Acting Town Administrator shall be for a period not to exceed ninety days, and the appointment may be renewed only once for an additional period

not to exceed ninety days. The appointee under this section shall not be precluded from

permanent appointment to the position of Town Administrator, provided that such appointment is made in accordance with Sections 1 and  2 of this chapter and Charter.

5-6-3 No member of the Board of Selectmen shall be eligible for appointment to the position

of Acting Town Administrator. (119/2000)

5-6-4 Compensation for the Acting Town Administrator shall be determined by the

Board of Selectmen. (119/2000)

Section 7-  Rescinded and Reserved (119/2000)

 Chapter 6 Multi-member Bodies; Elected and Appointed

Section 1 Powers

6-1-1 All multi-member bodies shall possess and exercise all powers given to them under the

Constitution and the General Laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be granted or delegated by the Board of Selectmen, this Charter, the By-laws, or vote of the Town Meeting. (119/2000)

6-1-2 Any appointed multi-member body whose powers or purpose are not clearly defined under the Constitution and the General Laws of the Commonwealth, this Charter, the By-laws or vote of Town Meeting shall have a written charge by the Board of Selectmen to define such powers and purpose, provided such charge is consistent with the intent for which the multi-member body was created. (119/2000)

6-1-3 An Organizational Chart identifying all appointed and elected multi-member bodies within the town is set forth in Appendix B to this Charter.

Section 2 Organization and Procedures

6-2-1 All multi-member bodies shall organize annually, elect a chairperson and other necessary

officers, adopt rules of procedure and voting, maintain minutes and all other records of proceedings, copies of which shall be a public record and shall be filed promptly with the Town Clerk, and shall annually submit a report for inclusion in the annual town report.

 6-2-2 All multi-member bodies shall conduct their meetings in accordance with the open meeting provisions of the General Laws.

6-2-3 Generally speaking, a quorum for all multi-member bodies shall consist of a majority of the full complement of the body. However, certain regulatory boards, including the Planning Board, Zoning Board of Appeals, Conservation Commission, and Board of Health will have different quorum requirements for specific actions taken. Each multi-member body, therefore, is referred to the General Laws for the necessary quorums required for each particular instance.

6-2-4 Any person duly elected or appointed to a multi-member body shall forthwith be sworn by the Town Clerk to the faithful performance of his or her duties, shall take up the duties of the office immediately and shall carry out their responsibilities in accordance with the General Laws, this Charter, and the By-laws.

6-2-5 All multi-member bodies shall consist of an uneven number of members, no fewer than

three. The Board of Selectmen or Town Meeting may increase or decrease the number of members to serve on multi-member bodies, unless such number is otherwise established by the General Laws or this Charter. (119/2000)

6-2-6 Members of multi-member bodies shall be elected or appointed for three-year overlapping terms, unless such term is otherwise established by the General Laws, with at least one member being elected or appointed each year.

 (NOTE: Formerly 6-2-8)

6-2-7 Except as provided in this Charter, nothing shall be deemed to prevent or prohibit a compensated Town employee from serving on a multi-member body, provided that such employee not be under the general policy or administrative direction of such body, with the exception of the fire fighting or rescue employees who may serve on the Board of Fire Engineers.

 (NOTE: Formerly 6-2-9)

6-2-8 During a member's term on a multi-member body, no member may hold a paid position

or be awarded a contract under the general policy or administrative direction of such body, except for the Board of Fire Engineers who may be compensated for work performed in the execution of firefighting or rescue duties under the direction of the Board of Fire Engineers. (119/2000)

(NOTE: Formerly 6-2-10)

6-2-9 Vacancies on multi-member bodies shall be filled in accordance with General Laws and in accordance with the provisions of this Charter by the Board of Selectmen or other appointing authority as may be established by the General Laws, this Charter, Bylaw or vote of the Town Meeting.

(NOTE: Formerly 6-2-11)

6-2-10 The Board of Selectmen may appoint one of their members as ex-officio members without a vote, to any multi-member body unless prohibited by the General Laws. (119/2000)

6-2-11 The members of all multi-member bodies shall serve without compensation.

Section 3 Elected Multi-member Bodies.

6-3-1 The multi-member bodies listed in Appendix B Part 1 shall be elected in accordance with subsections 3-2-3 and 6-2-6 of this Charter. (119/2000)

Section 4 Appointed Multi-member Bodies.

6-4-1 All appointed multi-member bodies which exist as of the effective date of a newly revised Charter shall continue to exist and shall be subject to Section 2 of this chapter and Charter. (119/2000)

6-4-2 The multi-member bodies listed in Appendix B Part 2 shall be appointed by the Board of Selectmen in accordance with Sections 4-3-2 and 6-2-6 of this Charter. (119/2000)

6-4-3 The Moderator shall in accordance with sections 2-2-6 and 6-2-6 of this Charter appoint a Finance Committee of five members who shall be voters and shall not hold elected office in the Town of Truro. (119/2000)

6-4-4 The Town Meeting or the Board of Selectmen may from time to time establish other multi-member bodies for particular purposes. The appointment of ad hoc committees by the Board of Selectmen shall be made only for specific and immediate purposes, and any such committee shall be appointed for a definite period of time, not to exceed two years.

Should the particular purpose for which an ad hoe committee was created not be resolved at the expiration of the two-year appointment, such committee may be reappointed for an additional one-year period. (119/2000)

6-4-5 Any multi-member body created by Town Meeting shall continue to exist until dissolved by vote of the Town Meeting, unless the vote creating such body provides for a definite time of dissolution. (119/2000)

6-4-6 Any multi-member body created by the Board of Selectmen, except those ad hoc committees as may be appointed in accordance with Section 6-4-4 of this Charter, shall continue to exist until dissolved by the Board of Selectmen, unless the vote creating such body provides for a definite time of dissolution. (119/2000)

6-4-7 The absence of a member or alternate member for four consecutive meetings of an appointed multi-member body shall serve to vacate the office, unless such absence is approved by a vote of the multi-member body. The Chairman of the body shall forthwith notify the appointing authority that such vacancy has occurred. The vacancy shall be filled in accordance with Section 6-2-10 of this Charter and the appointee shall complete the vacant unexpired term. (119/2000)

Chapter 7 Financial Procedures

Section 1 The Annual Budget

7-1-1 The fiscal year of the town shah begin on July first and end on June thirtieth, unless another provision is made by the General Laws.

 (NOTE: Formerly 7-1-1)

7-1-2 On or before October 15 of each year, the Board of Selectmen, the Town Administrator,

and the Finance Committee shall jointly establish approve and adhere to a schedule for delivery of the annual operating budget and capital improvement plan for the ensuing fiscal year. Once approved, they shall transmit the budget and plan to all Department Heads and budget managers.

 (NOTE: Formerly 7-1-2)

7-1-3 By the date agreed in the jointly approved budget schedule (7-1-2) of each year, the Town Administrator shall submit to the Board of Selectmen the following:

 (a) A draft budget of the probable expenditures of the Town government, including the  draft school budget, for the ensuing fiscal year, together with an estimate of such expenditures for the current fiscal year and a statement of such expenditures for the two preceding fiscal year; (119/2000)

 (b) Revenue projections for the ensuing fiscal year, together with an estimate of such  revenues for the current fiscal year and a statement of such revenues for the two  preceding fiscal years;

 (c) The draft budget document for the ensuing year shall:

            (1) Include a financial summary listing all proposed expenditures, show the tax levy limit,   

                 disclose the source of any additional revenues, and itemize the Town's reserves;

            (2) Explain the budget in terms of service changes or major expenditure changes and outline

                 the reasons for such changes;

            (3) Indicate any major changes from the current fiscal year in financial policies together with

                  the reasons for such changes;

            (4) Summarize the Town's debt position and projections;

            (5) Include such other material deemed to be appropriate. (119/2000)

7-1-4 The School Committee shall prepare a School Budget each year in accordance with

Section 3-1-3 of this Charter and shall submit it to the Town Administrator in sufficient time to enable him or her to prepare the annual budget required under Section 7-1-3. The School Committee shall hold at least one public hearing on the proposed School Budget for the ensuing fiscal year, notice of which hearing shall be published in a local newspaper no less than fourteen days before said hearing. The action of the School Committee in adopting the budget following the public hearing shall be summarized and the vote of each member shall be duly recorded.

 (NOTE: Formerly 7-1-3)

7-1-5 By the date agreed in the jointly approved budget schedule (7-1-2) of each year, the Board of Selectmen shall submit to the Finance Committee the proposed budget for the ensuing fiscal year, including the School Budget, as submitted by the School Committee. The proposed budget

shall include a budget summary as outlined in Subsection 7-1-2 and recommendations. (119/2000)

(NOTE: Formerly 7-1-4)

7-1-6 By the date agreed in the jointly approved budget schedule (7-1-2) of each year, the Finance Committee shall hold at least one public hearing on the proposed budgets, including the School Budget, for the ensuing fiscal year, notice of which public hearing shall be published in a local newspaper no less than fourteen days prior to the date of the hearing.

 (NOTE: Formerly 7-1-5)

7-1-7 At least 14 days prior to the Annual Town Meeting, the Finance Committee shall issue in printed form its Budget recommendations and explanations. Copies of the printed recommendations and explanations shall be available in accordance with Subsection 2-3-5 of this Charter. (119/2000)

 (NOTE: Formerly 7-1-6)

7-1-8 The Board of Selectmen shall present the proposed budget to the Annual Town Meeting,

which shall consider such budget with or without amendments for the ensuing fiscal year.

Section 2 The Capital Improvement Plan

7-2-1 By the date agreed in the jointly approved budget schedule (7-1-2) of each year, the Town Administrator shall submit to the Board of Selectmen a five-year capital improvement plan that shall include:

            (a) A clear summary of its contents;

            (b) A list, together with supporting data, of all capital improvements proposed to be  

                 undertaken in the next five years; such list to include all capital improvements of the  

                 School Department and those resulting from any inter-municipal or regional agreements.

                 Such list shall detail proposed:

                  (1) Acquisition of new land, facilities, vehicles, and equipment;   (119/2000)

                  (2) Construction of new and expansion of existing facilities;

                  (3) Major maintenance and repairs of facilities, vehicles and equipment;

                  (4) Replacement program for existing equipment and vehicles;

   (c) Cost estimates, methods of financing, and recommended timetables;

   (d) Estimated annual operating costs including maintenance for newly acquired or

        constructed facilities;

7-2-2 The capital improvement plan shall be revised and extended each year regarding capital

improvements pending or in the process of acquisition or construction.

7-2-3 By the date agreed in the jointly approved budget schedule (7-1-2) of each year, the Board of Selectmen shall submit to the Finance Committee the Capital Improvement Plan capital together with its recommendations thereon.

7-2-4 The public hearing on the budget to be held by the Finance Committee in accordance

with Section 7-1-4 of this Charter shall include a consideration of the Capital Improvement Plan.

7-2-5 At least fourteen days prior to the Annual Town Meeting, the Finance Committee shall

issue its printed recommendations and explanations of the capital improvement plan.

Copies of the printed recommendations and explanations shall be available at the Town

Hall.

7-2-6 The Board of Selectmen shall make available a printed copy of the proposed five-year

 capital plan to all voters at the Annual Town Meeting. (119/2000)

Section 3 Collections and Disbursements

7-3-1 Except as may otherwise be established by the General Laws the Town Treasurer/Collector shall be responsible for the timely and prudent collection and deposit, in the Town Treasury of all monies and fees collected or received by any person acting in any capacity for the Town. (119/2000)

7-3 -2 Warrants for the expenditure of Town funds, prepared and signed by the Town

Accountant in accordance with the General Laws shall be approved the Town Administrator.

Section 4 - Lapse of Appropriations

7-4-1 Every amount appropriated by Town Meeting for each fiscal year shall lapse at the end of that fiscal year to the extent that it has not been expended or encumbered.

Section 5 Financial Audits

7-5-1 At least every other fiscal year, the Board of Selectmen shall retain a Certified Public

Accountant or accounting firm to audit all accounts, books, and records of financial transactions of all Town agencies, offices, and departments, including the School Department. The necessity for any additional audits shall be determined by the Finance Committee.

7-5-2 A copy of the auditor's report and recommendations shall be a public record filed with

the Town Clerk. (119/2000)

Chapter 8 Removals and Suspensions 

Section I Elected Official

8-1-1 Suspension and/or removal from elected office shall be accomplished in accordance with

section 3-4-1 of this Charter. (119/2000)

Section 2- Appointed Paid Employees of the Town

8-2-1 Except as otherwise provided in this Charter, any appointed paid employee of the Town, whether appointed for a fixed or indefinite term, may be suspended or removed from office by the appointing authority for good cause necessary to protect the interests of the Town. Good cause shall include, but not be limited to the following:

            (a) Incapacity other than temporary illness;

            (b) Inefficiency and/or inability to perform assigned tasks;

            (c) Insubordination and/or refusal to carry out lawful instructions;

            (d) Conduct unbecoming to the office and/or which reflects adversely upon the Town.

            Suspension and/or removal from office shall be accomplished in accordance with the

            General Laws, Town Personnel By-laws, employment contract, or Collective Bargain    

            Agreement

8-2-2 Nothing in this section shall be construed as granting any specific rights of appeal when a person who has been appointed for a fixed-term frxed-term is not reappointed when the fixed term expires.

Section 3 Appointed Non-paid Officials, Officers• or Members of Multi-member Bodies

8-3-1 Any appointed official, officer, or member of a multi-member body, whether appointed for a fixed or indefinite term, may be suspended and/or removed from office by the appointing authority for good cause necessary to protect the interests of the Town. Good cause shall include, but not be limited to the following:

            (a) Incapacity other than temporary illness;

            (b) Inability or refusal to perform assigned tasks or adhere to lawful instructions;

 (NOTE: Formerly 8-3-1(d))

Conduct unbecoming to the office and/or which reflects adversely upon the Town.

8-3-2 The rights of the individual shall be protected under the following removal procedure: (119/2000)

            (a) Written notice of the intent to remove and/or to effect the suspension period, and a

                 statement of the cause or causes therefore, shall be delivered by hand, or by certified mail,

                 addressee only, return receipt requested, to the last known address of the person sought to

                 be removed. (119/2000)

            (b) Within five days following the receipt of the notice, the individual may file a written

                  request for a hearing before the Board of Selectmen. Said hearing shall be conducted in

                 accordance with the General Laws. At said hearing, the individual may be represented

                 by counsel, shall be entitled to present evidence, call witnesses, and question the

                 appointing authority whose action tins resulted in the hearing and any witnesses appearing

                 at the hearing. This hearing shall be held within fourteen days of the receipt by the Board

                 of Selectmen of the written request for such hearing. If no hearing is requested, the

                 removal shall be deemed to be uncontested and will take effect at the conclusion of the

              five-day period as described above. (119/2000)

            (c) Within ten days of the hearing, the Board of Selectmen shall make a decision to either

                 remove or reinstate the individual and shall s• notify the person of its action. A record of

                 the hearing and the action taken shall be made by the Board of Selectmen. (119/2000)

8-3-3 Nothing in this section shall be construed as granting a right to a hearing held in accordance with section 8-3-2 of this Charter when a person who has been appointed for a fixed term is not reappointed when the fixed term expires.

Section 4 The Town Administrator

8-4-1 The Board of Selectmen, by the affirmative vote of a majority of the members, may initiate the removal of the Town Administrator by making a resolution to that effect, provided that no such resolution be adopted within sixty days following any Town election. Such a resolution shall state the reason therefore;, and shall be adopted only at a regularly scheduled public meeting of the Board of Selectmen and in open session.

8-4-2 The adoption of a resolution in accordance with section 8-4-1 of this Charter shall serve

to suspend the Town Administrator for not more than forty-five days, during which the salary shall continue to be paid. A copy of the resolution shall be delivered in hand forthwith to the Town Administrator or sent by certified mall return receipt requested to the last known address of the Town Administrator. (119/2000)

8-4-3 Within five days following the receipt of a resolution adopted in accordance with section

8-4-1 of this Charter charter, the Town Administrator may file a written request for a hearing before the Board of Selectmen. Upon receipt of such request, the Board of Selectmen shall schedule a hearing within two weeks. At least seven days prior to the heating, the Board of Selectmen shall advertise the hearing in a newspaper of general circulation and shall cause notice stating the purpose, location, time and date to be posted in the Town Offices The hearing shall be conducted and posted in accordance with the provisions of the General Laws.

8-4-4 The Town Moderator, or the Moderator's designee if the Moderator is unable to attend,

shall preside at a hearing held in accordance with section 8-4-3 of this Charter.

8-4-5 At a hearing held in accordance with section 8-4-3 of this Charter, the reasons for the resolution to remove, adopted in accordance with section 8-4-1 of this Charter, shall first be read aloud. The Town Administrator shall then have the right to respond either personally or through counsel, and shall have the power to compel testimony and subpoena any witnesses or Town records.

8-4-6 Final removal of the Town Administrator shall be effected only by an affirmative vote

of at least four members of the Board of Selectmen at a hearing, which shall be held within fourteen days after the adoption of the resolution to remove in accordance with Section 8-4-1 of this Charter. (119/2000)

8-4-7 In the event of a vote for final removal in accordance with section 8-4-6 of this Charter,

the salary of the Town Administrator shall continue to be paid for sixty days following the vote for final removal, or in accordance with the termination clause in the Town Administrator's contract, unless the incumbent has been convicted of a felony.

            Chapter 9 Transitional Provisions

            (NOTE: Transferred to 1-4-6(a))

            (NOTE: Transferred to 1-4-6(b))

            (NOTE: Transferred to 1-4-6(c))

             (NOTE: Transferred to 1-4-5)

            (NOTE: Transferred to I-4-6(d))

            Appendix A- Definitions

By-laws:             Charter:             days:             ex-officio:             5-Year Plan:             General Laws:             immediately/             forthwith:             may:             majority vote:             multi-member             body:             removal:             shall:             Town:             Town agencies:             Town Meeting:             voters:             voters,             eligible:

shall refer to all By-laws of the Town of Truro.             shall refer to the Home Rule Charter for the Town of Truro.             shall mean calendar days, unless otherwise noted.             shall be a Board/committee member without a vote.             shall mean an annual Plan devised by the Board of Selectmen based on             an evaluation of the Town's projected needs over the next 5 year, i.e., a             rolling 5-year projection, that includes, but is not limited to, the goals             and objectives of the Board of Selectmen, the Town Administrator, and             the multi-member Boards. The Plan will consider the Local             Comprehensive Plan and any other Town-approved Plans.             shall mean the General Laws of the Commonwealth of Massachusetts             shall be understood to mean without the loss of time; i.e., within three             business days of the Town Of Truro.             shall imply "subject to."             shall mean the majority of those present providing that a quorum of             the body is present in accordance with section 6-2-3 of this Charter.             shall mean all boards, committees, commissions, or councils of the Town             consisting of two or more persons, whether elected or appointed.             shall mean to dismiss from office, to terminate.             shall imply "must."             shall mean the Town of Truro.             shall include any legal body of the Town not otherwise identified.             shall refer to Annual Town Meeting and/or Special Town Meeting.             shall mean all registered voters of the Town of Truro.             shall mean all voters whose names appear on the certified voting list on the             final day of registration to establish eligibility for any election or Town             Meeting.

            Appendix B Elected and appointed boards: Organizational Chart

 Part 1. Elected positions the General Laws and section 6-3-1 of this Charter.

 Voters elect:

1.             2.             3.             4.             5.             6.       7.

A Moderator.             A Board of Selectmen of five members.             A School Committee of five members.             A Board of Library Trustees Of five members, notwithstanding the provisions             of Section   10 of Chapter 78 of the General Laws.             A Housing Authority of four members in accordance with the General Laws.             A fifth member of the Housing Authority shall be appointed by the Commonwealth.             A Planning Board of seven members.             A Cemetery Commission of three members.

 Part 2. Appointed positions per the General Laws and section 6-4-2 of this Charter

            1.  The School Committee appoints a School Superintendent who appoints the School 

                 Personnel.

            2.  The Moderator appoints the Finance Committee.

            3.  The Board of Selectmen appoints:

a. Town Administrator

b. Town Counsel

c. Public Safety Personnel including : Police Chief and Officers, Board of Fire

                      Engineers, Constables, Emergency Management Director,

d. Regional Delegates-One Representative each to:

                      Cape Light Compact

                      Cape Cod Commission

                      Representative to Cape Cod National Seashore Highlands Center

e. Other Intergovernmental and Regional Representatives

f. Nominees for Representative and an alternate to the Cape Cod National

                     Seashore Advisory Commission. Appointments are made by the Secretary of the

                     Interior.

g. The following multi-member bodies:

Board of Appeals                         Board of Assessors                         Beach Commission                         Cable Advisory Committee                         Open Space Committee                         Commission on Disabilities                         Conservation Commission                         Council on Aging                         Board of Fire Engineers                         Golf Course Advisory Commission                         Board of Health                         Historical Commission                         Town Employee Insurance                         Advisory Committee                         Historical Review Board                         Human Services Committee

Pamet Harbor Commission             Recreation Commission             Recycling Committee             Registrar of Voters             Shellfish Advisory Committee             Town Building Committee             Truro Cultural Council             Water Resources Oversight Com.             Town Safety Committee                                       (171/1994, 119/2000)

            Appendix C Revision/Amendment of the Charter

The Charter may be changed in any of the three ways summarized below, In Truro, however, due to previously revised Charters by Special Legislation from the General Court, and because of the length of time involved in the other two methods, the recommended revision procedure is via further Special Legislation.

1. Changes to a previously adopted or revised the charter may be proposed by an article in  the Town Meeting warrant that petitions the General Court (the state legislature) to pass a special act enabling the Town to make the proposed changes to the charter. Any changes, including changes which create conflicts with the General Laws, may be submitted to the legislature for approval. Historically, such petitions have been acted upon by the legislature in six to nine months.

(Article 89, Section 8 of the Amendments to the Constitution of the Commonwealth of

            Massachusetts)

2. A previously adopted or revised charter may be changed through an amendment process initiated by a Selectman or a voters' petition by at least ten registered voters filed with the Town Clerk and proposing consideration of the amendments by Town Meeting. This process is limited to amendments that do not relate in any way to the composition, mode of election or appointment, or terms of office of the Board of Selectmen or Town Administrator, amendments which are not substantially the same as an amendment already considered and voted upon by Town Meeting within the last twelve months, and amendments which do not conflict with the Constitution or the General Laws of the Commonwealth. This process involves public hearings by an appointed Charter Committee and the Board of Selectmen. Ultimately, Annual Town Meeting acts on a final proposal no earlier than six (6) months after the original amendment petition is filed with the Town Clerk's office (although a Special Town Meeting can be called earlier upon petition of 200 registered voters). Town Meeting approved amendments are then sent to the Attorney General and the Department of Housing and Community Development for

their review and approval. Once so approved, the amendments must be mailed to the residence of every registered voter in town at least two weeks before they are finally voted on at a Town Election.

(Massachusetts General Laws, Chapter 43B, Section 10 an 11)

            3. Upon petition of 15 % of the registered voters of the Town, a Charter may be adopted or revised by nominated by a petition of registered voters and elected at a Town Election. The Charter Commission consists of nine registered voters of the town receiving the highest number of votes at the Town Election. The Charter Commission must hold public hearings to discuss proposed language for the Charter or Charter Revision. Within eighteen (18) months after its election, the Commission must submit to the Selectmen its final report, including the full text and explanation of the proposals and its recommendations. Upon submission of the final report, the Selectmen shall order the proposed text to be submitted to the voters for their approval at the first annual or biennial Town Meeting held at least two months after such submission. The same process relative to the distribution of the final amendments and the Town Election described in Paragraph 2 above must be followed to adopt a Charter or Charter Revision under this process, as well. (Massachusetts General Laws, Chapter 43B, Section 3, 4, 9 and 11)