| Maynard Charter Commission
Preliminary Report
INTRODUCTION
The Maynard Charter Commission, elected on May 1, 1989, submits this
Preliminary Report to the voters.
The charter offers, as briefly as possible, a statement of the proposed
governmental structure for the Town of Maynard.
OPEN TOWN MEETING RETAINED
The charter retains the open town meeting. It formalizes the town
meeting as the legislative branch of town government.
BOARD OF SELECTMEN
The board of selectmen is retained as the key elected board of the town,
but is enlarged to five (5) members. The board will be expected to
exercise a policy-making role and assume leadership responsibilities
in many areas. It will have considerable powers of appointment, the
power of investigation, and it remains as the licensing authority for
the town.
OTHER ELECTED BOARDS
Other elected boards and officers under this charter will be a
moderator, a school committee, a board of library trustees, and a
housing authority.
TOWN ADMINISTRATOR
The most significant change in the proposed charter is the establishment
of the position of town administrator, to be appointed by the board of
selectmen.
The administrator will be a professional, especially fitted by education
and experience to strengthen the executive branch. He or she will
have the powers necessary to carry out the responsibilities and duties
of the office. Included in these responsibilities and duties are
personnel, budgeting, and purchasing. This person will be the town's
chief administrator, expected to provide day to day management and
coordination of the town's business.
OTHER CHANGES
The charter proposes an improved budget process and introduces recall
procedures of elected officers. It also eliminates the board of public
works, investing the responsibilities of this board in the board of
selectmen.
CITIZEN AND TOWN OFFICERS VIEWS SOLICITED
The charter commission has held over thirty open public meetings, and
one open public forum, soliciting public and town officers' input.
This draft contains numerous suggestions obtained from this process.
PUBLIC HEARING TO BE HELD
A public hearing will be held at the Maynard High School on Wednesday,
September 19, 1990 at 7:30 p.m. The purpose of the hearing is to
discuss and explain the Preliminary Report and to obtain additional
citizen input.
FINAL REPORT
The charter commission expects to complete work on the Maynard charter
in the next few weeks. A Final Report will be prepared and
distributed to every voting household. The question of adopting the
charter will appear on the ballot at the town elections in May 1991.
MAYNARD CHARTER COMMISSION
Frank Ignachuck, Chair
Anne Flood, Vice-Chair
Kathleen Carey, Clerk
Jonathan Bretz
Ronald Cassidy
Ellen Gilfeather
Robert Schleelein
Mark Sherman
Brendan Whalen
BALLOT QUESTION AND SUMMARY
Shall this town approve the new charter recommended by Yes
the Charter Commission, summarized below? No
The proposed charter would (1) strengthen the position of the
selectmen as the town's chief executive office; (2) create a new
position of town administrator with specific powers assigned to
it; (3) establish new budget procedures designed to improve fiscal
management and control; (4) establish certain other standard
procedures to govern the operation and conduct of town business.
REPORT AND RECOMMENDATIONS
MAYNARD CHARTER COMMISSION
To the Citizens of Maynard:
The Maynard Charter Commission is pleased to submit its Report and
Recommendations to the voters of Maynard with unanimous support of all
nine members.
HISTORY
The Town of Maynard was incorporated as a town in 1871. An Act of the
State Legislature allowed us to break away from the towns of Sudbury
and Stow to form a new town government to serve the particular needs
of the citizens of what was then known as Assabet Village.
The first town meeting was held on April 27, 1871. The warrant
contained only two articles. The warrant and the results of the town
meeting votes were just the beginning in what has become a yearly
right of the voters of Maynard to determine how this town is governed.
TOWN OF MAYNARD
TOWN WARRANT No. 1
I, Joseph W Reed, one of the Justices of Peace within and for the
County of Middlesex, do issue the following warrant:
"In the name of the Commonwealth of Massachusetts you are
hereby required to notify and warn Inhabitants of the Town of
Maynard, qualified to vote in town affairs, to meet at Riverside
Hall in said Town on Thursday, the twenty-seventh day of
April current at one of the clock in the afternoon to act on the
following articles to wit: -
First, to choose a moderator to preside at the said
meeting.
Second, to choose all such town officers for the year
ensuing, as towns are by law authorized and required to
choose at their annual meeting."
Maynard
27 April 1871
Mr. Asahel Balcom was unanimously chosen as Moderator.
The following town officials were chosen:
Selectmen: Asahel Balcom, Henry Fowler, Jonathon Bent
Clerk: Eli Chase
Treasurer and Collector: Lorenzo Maynard
Assessors: Asahel Balcom, Artemas Whitney, Benjamin Conant
Constables: Fred Fletcher, Artemas Whitney, Benjamin Conant
School Committee: John Vose, John Hillis, William Harding
Field Drivers: Benjamin Smith, Hollis Balcom
Fence Viewers: Joel Abbott, Jonathon Bent, Silas Brooks
Highway Surveyors: Thomas Brooks, Artemas Whitney,
Henry Fowler
Surveyors of Lumber: Abel Haynes, Asahel Balcom, B.R. Moore,
Samuel Porter, J.H. Allen
Fire Wardens: George Cutting, J.K. Harriman, William Cullen
In 1989, Maynard again reaffirmed its right to self government by
accepting the provisions of Chapter 43B of the General Laws. This
allows us the right to create an operating charter through which we
can form, in our own terms, the most efficient and effective
governmental system to best serve our needs. Through acceptance of
Chapter 43B, the Maynard Charter Commission was established.
OVERVIEW
The Charter Commission has spent hundreds of hours in study, interviews,
and meetings, reviewing the history of our town with its unique needs
and character, in order to frame a functional charter that will serve
the Town of Maynard well into the next century.
In the 119 years that the Town of Maynard has existed, numerous boards,
officials, and responsibilities have been added to the initial
structure of the town government to meet the needs of our growing
community. In adding these functions to the town government we have
also, inadvertently, added tremendous complexity to our town
governmental system. At present we have 13 elected positions/agencies
which answer to only the voters, with no required obligation to
interact or coordinate with other town departments or officials. To
the credit of the many residents and employees who served the town
through the years, Maynard has managed to survive as a town. However,
the complexity of town government, along with the effects of
Proposition 2 1/2 and the reductions in State and Federal funds, has
slowly but surely had an impact on the operation of our town. In the
last ten years, 78% of all the elected offices in the town have been
either unopposed or have had no candidates at all. The clear
indication is that serving in town government in Maynard is no longer
a rewarding experience for our citizens.
With this in mind, your Charter Commission began the formidable task of
untangling 119 years of town government to better understand how the
Town's present government evolved. The purpose of this was to develop
a town government which can function effectively within the present
economic environment, immediately, as well as serve as the foundation
for future governmental systems, which will face economic, social and
environmental problems, as yet unknown.
Maynard is a great town and deserves a town government system which is
both easy to do business with and easy to work for. The people of
Maynard should feel confident that their elected and appointed
officials and employees have an organizational system that allows them
to work in harmony toward a common goal. They should be encouraged to
participate in town government based on their interests and expertise.
They should be able to perform their duties with confidence and
satisfaction. They should be able to walk away from their terms of
office with a feeling of fulfillment and satisfaction. Participating
in town government in Maynard should be a rewarding experience for our
citizens.
CHARTER COMMISSION
The Town of Maynard is fortunate in having a diverse Charter Commission.
We have members who can trace their Maynard roots back several
generations, and relative newcomers to our town. We have veterans of
Town government and members who are serving in their first elected
office. The most important characteristic of the Charter Commission is
the unified commitment to write a comprehensive charter for the Town.
We have researched and reviewed 11 other charters, and various studies
and reports on Maynard town government. We have held over 35 open
meetings and 4 public hearings. We have issued 110 questionnaires to
town offices and agencies. We have held joint meetings with numerous
boards and officials to gain a better understanding of existing town
government problems. We have listened and we have responded to the
concerns and suggestions of the townspeople by writing a charter that
will serve our town for many years to come.
We have done our best.
CHARTER HIGHLIGHTS
The Maynard Town Charter you have before you contains several new
provisions, as well as the documentation of many provisions which have
never before been formally written into our town government system.
We have reclassified some town offices from elected to appointed to
allow for the appointment of our citizens based on qualification. We
have created three distinct bodies of town government (legislative,
executive and administrative) to streamline and simplify the operation
of our town. The legislative branch will continue as an open town
meeting. We have expanded the office of Selectmen from three members
to five, and combined the duties of the present Board of Public Works
Commission with the duties of the Board of Selectmen to form an
Executive branch of town government which will focus on policy
decisions. We have created the office of Town Administrator and an
Administrative organization to handle the day to day operation of what
has become a multi- million dollar corporation.
In addition, we have written a Recall Provision for elected officials, a
Budget Process which will allow for the orderly and systematic
preparation and review of our annual operating budget, and established
a mechanism to develop a Code of Ethics for all elected and appointed
officials and town employees.
Each article in the Maynard Charter was written in concert with the
complete document. No one article can stand alone and be successful.
CONCLUSION
With this, we proudly present the results of our 16 months of work and
we unanimously request your support of what we believe to be the
finest Charter in the Commonwealth of Massachusetts. The motto of the
Town of Maynard, "PROGRESS WITH STABILITY", is represented in every
word in our proposed Charter.
Respectfully submitted,
Maynard Charter Commission
Frank Ignachuck, 2 Howard Road (Chair)
Anne Flood, 12 Winter Street (Vice Chair)
Kathleen Carey, 7 Elmwood Street (Clerk)
Jonathan Bretz, 25 George Road
Ronald Cassidy, 4 Rice Road
Ellen Gilfeather, 16 Fairfield Street
Robert Schleelein, 47 Brooks Street
Mark Sherman, 49 Wood Lane
Brendan Whalen, 34 Great Road
PREAMBLE
We, the people of the Town of Maynard, Massachusetts, in order to
reaffirm our individual sovereignty with respect to the conduct of our
local government and to take the fullest advantages inherent in the
Home Rule Amendments of the Constitution of the Commonwealth of
Massachusetts, do hereby adopt the following Home Rule Charter for this
Town.
ARTICLE 1
INCORPORATION; SHORT TITLE; POWERS
SECTION 1-1: INCORPORATION
The inhabitants of the Town of Maynard within the corporate limits as
established by law shall continue to be a body corporate and politic
with perpetual succession under the name "Town of Maynard".
SECTION 1-2: SHORT TITLE
This instrument shall be known and may be cited as the Maynard Home Rule
Charter.
SECTION 1-3: POWERS OF THE TOWN
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 the purpose of the voters of Maynard
to secure through the adoption of this charter all the powers it is
possible to secure for a municipal government under the constitution
and the laws of the Commonwealth.
SECTION 1-4: DIVISION OF POWERS
The administration of all of the fiscal, prudential and municipal
affairs of the town shall be vested in an executive branch headed by a
board of selectmen. The legislative powers of the town shall be
vested in a town meeting open to all voters.
SECTION 1-5: CONSTRUCTION
The powers of the Town of Maynard 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
Maynard as stated in section 1-3.
SECTION 1-6: INTERGOVERNMENTAL RELATIONS
Subject to the applicable requirements of any provision of the
constitution or statutes of the Commonwealth, the Town of Maynard 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 states or civil divisions
or agencies thereof or the United States government or any one or more
agencies thereof.
SECTION 1-7: PRECEDENCE OF CHARTER PROVISIONS
To the extent any by-laws, votes, rules or regulations of or pertaining
to the Town of Maynard are in force and contravene or otherwise
conflict with the provisions of this charter, then the charter
provisions shall take precedence over existing by-laws, votes, rules or
regulations, excepting such votes as are expressly intended to amend
this charter.
ARTICLE 2
LEGISLATIVE BRANCH
SECTION 2-1: TOWN MEETING
The legislative powers of the Town of Maynard shall continue to be
exercised by a town meeting open to all voters.
SECTION 2-2: PRESIDING OFFICER
The moderator, elected as provided in section 3-6, shall preside at all
sessions of the town meeting. At the first session of the town
meeting, the moderator shall appoint a deputy moderator. The
appointment of a deputy moderator shall be subject to ratification by
the town meeting. In the event of the absence or disability of the
moderator at the start of town meeting, the town clerk shall call the
meeting to order and shall preside until a temporary moderator is
elected by those present.
The moderator, at town meetings, shall regulate the proceedings, decide
all questions of order, make public declaration of all votes and may
exercise such additional powers and duties as may be authorized by
general law, by this charter, by by-law or by other vote of the town
meeting.
SECTION 2-3: COMMITTEES
(a) In General - Subject to the provisions of this charter and by 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. In addition to such specific powers,
duties and responsibilities as may be provided to a town meeting
committee by the by-law or vote establishing it, each such committee
when acting within the scope of its authority shall have a right to
examine the pertinent records of any town agency and to consult with,
at reasonable times, any town officer, employee or agent.
(b) Finance Committee - There shall be a finance committee, the
members of which shall be appointed by the moderator. The numbers of
members, the term of office, and any other conditions of appointment
or service as may be deemed necessary or desirable shall be established
by by-law. No member of the finance committee shall serve on any other
board or committee as a voting member. Any member of the finance
committee running for any public office within the town shall first
resign from the finance committee.
The subject matter of all proposals to be submitted to a town meeting by
warrant article shall be referred to the finance committee by the board
of selectmen at the earliest practicable time following their receipt
by the board of selectmen. The finance committee shall report, in
writing, its recommendations on every article contained in a town
meeting warrant together with a statement of the reasons for each such
recommendation. Before preparing its recommendations, the finance
committee shall hold one or more public hearings to permit public
discussion of the subject matter of all articles contained in the
warrant. The finance committee shall have such additional powers and
duties as may be provided by general law or by-law.
The finance committee shall have authority at any time to investigate
the books, accounts, and management of any department of the town, and
to employ such experts and other assistance as it may deem advisable
for that purpose, and the books and accounts of all of the departments
and officers of the Town of Maynard shall be open to the inspection of
the finance committee and of any person employed by it. The finance
committee may appoint subcommittees and delegate to them such of its
powers as it deems to be in the best interests of the Town of Maynard.
SECTION 2-4: TIME OF MEETING
The regular town meeting shall meet at least once in each calendar year as
provided by by-law.
SECTION 2-5: SPECIAL MEETINGS
Special town meetings may be held at the call of the board of selectmen
at such times as they deem necessary, or desirable, in order to
transact the legislative business of the town in an orderly manner.
Special town meetings may also be held on the petition of two hundred or
more voters, in a manner provided by general laws.
SECTION 2-6: TOWN MEETING WARRANTS
Every town meeting shall be called by a warrant issued by the board of
selectmen which shall state the time and place at which the meeting is
to convene and, by separate articles, the subject matter to be acted
upon. The publication of the warrant for every town meeting shall be in
accordance with a town by-law governing such matters.
SECTION 2-7: INITIATION OF WARRANT ARTICLES
(a) Initiation - The board of selectmen shall receive at any time all
petitions addressed to it and which request the submission of any
matter to the town meeting and which are filed by: (1) any town
officer, (2) any multiple member body acting by a majority of its
members, (3) any ten (10) voters for a regular town meeting and any
one hundred (100) voters for a special town meeting.
(b) Referral - Forthwith following receipt of any proposed warrant
article the board of selectmen shall furnish a copy of the proposal to
the chairperson of the finance committee, a copy to be posted on the
town bulletin board and shall cause such other distribution to be made
of each such proposal as may be required by law.
(c) Inclusion on Warrant - The board of selectmen shall include on the
warrant for a regular town meeting the subject matter of all petitions
received by it thirty (30) or more days prior to the date fixed by
by-law for the town meeting to convene. Whenever a special town meeting
is to be called the board of selectmen shall give notice in a local
publication of such intention and shall notify each town officer and
members of multiple member bodies, of its intention to do so. The
board of selectmen shall include in the warrant for such special town
meeting the subject matter of all petitions which are received at its
office on or before five o'clock in the afternoon of the fifth business
day following such publication.
SECTION 2-8: AVAILABILITY OF TOWN OFFICIALS AT TOWN MEETINGS
Every town officer, the chairperson of each multiple member body, and
the head of each department shall attend all sessions of the town
meeting for the purpose of providing the town meeting with information
pertinent to matters appearing in the warrant.
In the event any town officer, chairperson of a multiple member body, or
department head is to be absent due to illness or other reasonable
cause, such person shall designate a deputy to attend and to represent
the office, multiple member body or department. If any person
designated to attend the town meeting under this section is not a
voter, such person shall, notwithstanding, have a right to address the
meeting for the purpose of compliance with this section.
SECTION 2-9: CLERK OF THE MEETING
The town clerk shall serve as clerk of the town meeting, give notice of
all adjourned sessions thereof, record its proceedings, and perform
such duties in connection therewith as may be provided by general law,
by this charter, by by-law, or by other town meeting vote.
SECTION 2-10: RULES OF PROCEDURE
The town meeting may, by by-law, establish and from time to time amend,
revise or repeal rules to govern the conduct of all town meetings.
SECTION 2-11: GENERAL POWERS AND DUTIES OF THE TOWN MEETING
The town meeting shall be vested with all the powers of the Town of
Maynard, except as otherwise provided by the Commonwealth, or this
charter. 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.
ARTICLE 3
ELECTED OFFICIALS
SECTION 3-1: IN GENERAL
(a) Elective Offices - The offices to be filled by the voters shall be
a board of selectmen, a school committee, a moderator, a board of
library trustees and a housing authority. In addition, members of
boards or regional representatives to regional authorities or districts
as may be established by law or by interlocal agreement may also be
filled by ballot at town elections.
(b) Eligibility - Subject to the recall provisions in this charter,
any voter shall be eligible to hold any elective town office, provided
however, that no person shall simultaneously hold more than one
elected town office as defined by this section.
(c) Town Election - The annual election of town officials and for the
determination of all questions to be referred to the voters, shall be
held on such date as may from time to time be provided by by- law.
(d) Compensation - Elected town officials shall receive such
compensation for their services as may be appropriated annually, for
such purpose.
(e) Coordination - Notwithstanding their election by the voters, the
town officers named in this section shall be subject to the 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.
(f) Filling of Vacancies: Elected Officials -
(1) Multiple Member Boards - If there is a vacancy in a board
consisting of two or more members, other than the board of
selectmen, and unless under the terms of a will or other trust
some other provision is made, the remaining members shall
forthwith give written notice of existence of any such vacancy
to the board of selectmen. After one week's notice, the board
of selectmen with the remaining members or member of such board
shall fill such vacancy by a joint vote. If such notice is not
given within thirty days following the date on which such vacancy
occurs the board of selectmen shall, after one week's notice,
fill such vacancy without participation by the remaining members
of the multiple member board.
(2) Board of Selectmen - If there is a failure to elect or if a
vacancy occurs, in the office of selectmen and six months or
more will elapse before the next annual town election, the
remaining selectmen shall, forthwith, call a special election to
fill the vacancy. If the vacancy occurs in the office of
selectmen and more than three but less than six months will
elapse before the next annual town election, the remaining
selectmen shall call a special election to fill the vacancy only
upon the request, in writing, of two hundred (200) or more
registered voters of the Town of Maynard.
(g) Recall of Elected Officials -
(1) Application - Any person who has held an elected town
office for at least six (6) months, and with more than six (6)
months remaining of the term of office at the time of the filing
of the recall affidavit, may be recalled therefrom by the voters
of the Town of Maynard in the manner provided in this section.
(2) Recall Provision - One hundred (100) or more voters of the
Town of Maynard may file a recall affidavit with the town clerk
containing the name of the officer whose recall is sought and a
statement of the grounds upon which the affidavit is based,
provided that a minimum of twenty-five (25) names of voters
shall be from each of the voting precincts into which the town
is divided. The town clerk shall, within one (1) working day
thereafter, submit such affidavit to the registrars of voters.
The registrars of voters shall, within five (5) working days
thereafter, certify such affidavit with regard to the
sufficiency and validity of the signatures of voters.
If the affidavit shall be certified by the registrars of voters,
the town clerk shall, within five (5) working days thereafter,
deliver to the first ten (10) voters named on such affidavit,
petition blanks demanding said recall, printed forms of which
the town clerk shall keep available. The blanks shall be
signed by the town clerk with the official town seal attached
thereto. The blanks may be completed by printing or
typewriting; they shall contain the names of the ten (10)
persons to whom they are issued; they shall contain the name of
the officer whose recall is sought, the grounds for recall as
stated in the affidavit; and shall demand the election of a
successor to the said office. A copy of the affidavit shall be
entered in a record book to be kept in the office of the town
clerk.
The recall petitions shall be returned to the town clerk within
thirty (30) days following the date they are issued, signed by
at least twenty (20) percent of the registered voters of the
town at the date of issue. The town clerk shall, within one (1)
working day following such filing, submit the petitions to the
registrars of voters which shall within ten (10) working days
thereafter certify thereon the number of signatures which are
names of voters.
(3) Recall Elections - If the petitions shall be certified by
the registrars of voters to be sufficient, the town clerk shall
forthwith submit the same, with a certificate to the board of
selectmen. Upon its receipt of the certified petition, the
board of selectmen shall forthwith give notice, in writing, of
said petition and certificate to the officer whose recall is
sought. If said officer does not resign from office within
five (5) working days following delivery of said notice, the
board of selectmen shall order a special election to be held not
less than thirty-five (35) days nor more than sixty (60) days
after the date of certification of the town clerk, provided
however, that if a regular town election is to be held within
ninety (90) days following the date of said certificate the
recall election shall be held in conjunction therein and not at
a special town election. If a vacancy occurs in said office
after the recall election has been ordered, the election shall
nevertheless proceed as provided in this section, but only the
ballots for candidates need be counted.
(4) Nomination of Candidates - An officer whose recall is
sought may not be a candidate to succeed himself/herself in the
recall election. The nomination of candidates, the publication
of the warrant for the recall election and the conduct of same
shall all be in accordance with the provisions of law relating
to elections unless otherwise provided in this section.
(5) Propositions on the Ballot - Ballots used at the recall
election shall state the proposition in the order indicated:
For the recall (name of officer)
Against the recall (name of officer)
Adjacent to each proposition shall be a place to vote for either
of said propositions. After the said propositions shall appear
the word "candidates" and the names of the candidates arranged
in accordance with the provisions of law relating to elections.
If a majority of the votes cast upon the question of recall is
in the affirmative, the candidate receiving the highest number
of votes cast shall be declared elected. If the majority of the
votes cast is in the negative, the ballots for candidates need
not be counted.
(6) Officeholder - The incumbent shall continue to perform the
duties of the office until the recall election. If then not
recalled, the incumbent shall remain in office for the remainder
of the unexpired term, subject to recall as provided in section
7 below.
If recalled at the election such person shall be deemed to be
removed upon the qualification of the successor, who shall hold
the office during the unexpired term. If the successor fails to
qualify within five (5) working days after receiving
notification of election, the incumbent shall thereupon be
deemed removed and the office vacant.
(7) Repeat of Recall Petition - No recall shall be filed
against an officer subjected to a recall election and not
recalled thereby until at least six (6) months after the
election at which the recall was submitted to the voters.
(8) Appointment of the Person Recalled - No person who has been
recalled from an office, or who has resigned from office while
recall provisions were pending against them, shall be appointed
to any town office within two (2) years after such recall or such
resignation.
SECTION 3-2: BOARD OF SELECTMEN
(a) Composition, Term of Office - There shall be a board of selectmen
consisting of five (5) members elected for terms of three (3) years
each, so arranged that the terms of as nearly equal number of members
as is possible shall expire each year.
(b) Powers and Duties - The executive powers of the Town of Maynard
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. The board of selectmen shall serve
as the chief policy-making agency of the town. It shall be
responsible for the issuance of policy directives and guidelines to be
followed by all town agencies serving under it and, in conjunction with
other elected town offices, to develop and to promulgate policy
guidelines designed to bring all agencies of the town into harmony;
provided, however, that nothing in this section shall be construed to
authorize any member of the board of selectmen, or a majority of such
board, to become involved in the day-to-day administration of any town
agency. It is the intention of this provision that the board of
selectmen shall act only through the adoption of broad policy
guidelines which are to be implemented by officers and employees
appointed by or under its authority.
The board of selectmen shall maintain liaison with all town boards,
commissions, and committees and shall mediate disputes among town
boards, commissions and committees.
The board of selectmen shall have the power to make investigations, and
may authorize the town administrator to investigate the affairs of the
town and the conduct of any town department, office, or agency,
including any doubtful claims against the town.
The board of selectmen shall cause a record of all its official acts to
be kept. To aid it to perform its duties, the board of selectmen
shall appoint a town administrator.
The board of selectmen shall have the authority to appoint town boards
in accordance with the provisions of this charter.
Members of the board of selectmen shall be ineligible to serve on
multiple-member bodies established by this charter or by-law to which
the board of selectmen is the appointive authority.
Members of the board of selectmen shall possess no individual authority
unless such authority shall have previously been granted by vote of
the board.
The board of selectmen shall be recognized as head of the town
government for all ceremonial purposes.
(c) Licensing Authority - The board of selectmen shall act as the
licensing authority of the town and shall have the power and
responsibility required to issue licenses, to make all necessary rules
and regulations regarding the issuance of such licenses, and to attach
conditions and impose such restrictions as it considers to be in the
public interest, and further to enforce, or cause to be enforced, the
laws, rules, and regulations relating to all businesses for which it
issues licenses.
SECTION 3-3: SCHOOL COMMITTEE
(a) 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 terms of as nearly an equal number of
members as is possible shall expire each year.
(b) Powers and Duties - The school committee shall have all of the
powers and duties which are given to school committees by general laws
and it shall have such additional powers and duties as may be
authorized by this charter, by by-law, or by 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 a superintendent of the schools and all other
officers and employees connected with the schools, to fix their
compensation and to define their duties, make rules concerning
their tenure of office and to discharge them.
(2) to make all reasonable rules and regulations consistent with
law for the administration and management of the public school
system and for the conduct of its own business and affairs.
SECTION 3-4: HOUSING AUTHORITY
(a) Composition, Term of Office - There shall be a housing authority
consisting of five (5) members serving for five (5) years each, so
arranged that the term of one member shall expire each year. Four of
the members shall be elected by the voters and the fifth member shall be
appointed by the Secretary of Communities and Development of the
Commonwealth (or as may otherwise be provided by law).
(b) Powers and Duties- The housing authority shall make studies of the
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 such other powers and
duties as are assigned to housing authorities by general law.
SECTION 3-5: LIBRARY TRUSTEES
(a) Composition, Term of Office - There shall be a board of library
trustees consisting of three (3) members elected for terms of three
(3) years each, so arranged that the term of one member shall expire
each year.
(b) Powers and Duties - The board of library trustees shall be
responsible for the management and supervision of the free public
library of the town. The board of library trustees shall have all the
powers and duties which are given to library trustees by general laws
and shall have additional powers and duties as are provided by this
charter, by by-law or by town meeting vote, as well as any powers,
duties, and responsibilities as may be imposed by the terms of any
public trust.
SECTION 3-6: MODERATOR
(a) Term of Office - There shall be a town moderator elected for a
term of three (3) years.
(b) Powers and Duties - The town moderator shall be the presiding
officer of the town meeting and regulate its proceedings, as provided
in section 2-2, and shall perform all other powers and duties given to
moderators under the constitution and general laws of the Commonwealth,
and such additional powers and duties as may be authorized by this
charter, by by-law or by other town meeting vote. The moderator shall
preside at any public hearing to discuss the suspension or removal of
the town administrator.
ARTICLE 4
TOWN ADMINISTRATOR
SECTION 4-1: APPOINTMENT; QUALIFICATION; TERM
The board of selectmen shall appoint a town administrator from a list
prepared by a screening committee as established in Article 8 or by
by-law. The board of selectmen shall appoint the town administrator
to serve for an indefinite term and shall fix the compensation for such
person, annually, within the amount appropriated by the town. The town
administrator shall be appointed on the basis of educational,
executive, and administrative qualifications and experience. The
educational qualifications shall consist of a master's degree,
preferably in public or business administration, granted by an
accredited degree-granting college or university. The professional
experience shall include at least three (3) years of prior full-time
compensated executive service in public or business administration.
Alternatively, five (5) years or more of such professional experience
and a bachelor's degree in an appropriate discipline shall qualify any
applicant. Seven (7) years or more of prior full- time compensated
service in public or business administration shall also qualify any
applicant. A town administrator need not be a resident of town or of
the Commonwealth at the time of appointment, nor at any time during
the period of such service. The town administrator shall not have
served in an elective office in the town government for at least twelve
months prior to appointment. The town may from time to time establish,
by by-law, such additional qualifications as seem necessary and
appropriate.
The town administrator shall devote full time to the office and shall
not hold any other public office, elected or appointive, nor engage in
any business or occupation during such service, unless such action is
approved in advance by the board of selectmen.
The board of selectmen shall provide for an annual review of the job
performance of the town administrator which shall, at least in summary
form, be a public record.
SECTION 4-2: POWERS AND DUTIES
The town administrator shall be the chief administrative officer of the
town, directly responsible to the board of selectmen for the
administration of all town affairs for which the offices of town
administrator is given responsibility by or under this charter. The
powers and duties of the town administrator shall include, but are not
intended to be limited to the following:
(a) To supervise, direct and be responsible for the efficient
administration of all functions and activities for which the office of
town administrator is given authority, responsibility or control by
this charter, by by-law, by town meeting vote, by vote of the board of
selectmen, or otherwise.
(b) To appoint, subject to the provisions of the civil service law and
any other collective bargaining agreements as may be applicable, all
department heads, officers, members of boards and commissions and
employees for whom no other method of selection is provided by this
charter. Such appointments shall become effective on the fifteenth
(15th) day following the day on which such notice of the appointment
is filed with the board of selectmen, unless the board of selectmen
shall within that period by a majority of all its members vote to reject
such appointment, or has sooner voted to affirm it. Copies of the
notices of all such proposed appointments shall be posted on the town
bulletin board in the municipal building when submitted to the board of
selectmen.
(c) To be entrusted with the administration of the town personnel
system, including, but not limited to personnel policies and
procedures, rules, and regulations, including provisions for an annual
employee performance review, personnel by-law and collective bargaining
agreements entered into by the town. The town administrator shall also
prepare and keep current a plan establishing the personnel staffing
requirements for each town agency, except the school department.
(d) To attend all regular and special meetings of the board of
selectmen, unless unavoidable for reasonable cause, and shall have a
voice, but no vote, in all of its proceedings.
(e) To assure that full and complete records of the financial and
administrative activities of the town are kept and to render as often
as may be required by the board of selectmen, but not less than once a
year, a full report of all town administrative operations during the
period reported on, which report shall be made available to the
public.
(f) To keep the board of selectmen fully advised as to the needs of the
town and shall recommend to the board of selectmen and to other
elected town officers and agencies for adoption such measures
requiring action by them or by the town meeting as the town
administrator may deem necessary or expedient.
(g) The town administrator shall be responsible for the maintenance and
repair, rental and use of all town buildings and facilities placed
under the town administrator's control by this charter, by by-law, by
vote of the town or otherwise.
(h) To prepare and present, in the manner provided in Article 6, an
annual operating budget for the town and a proposed capital
improvement plan for the five (5) fiscal years next ensuing.
(i) To assure that a full and complete inventory of all property of the
town, both real and personal, is kept, including all property under
the control of the school committee.
(j) To negotiate, on behalf of the board of selectmen, all contracts
and collective bargaining agreements involving any subject within the
jurisdiction of the office of the town administrator, including
contracts with town employees, except employees of the school
department, involving wages, hours and other terms and conditions of
employment. All such contracts and agreements shall be subject to the
approval of the board of selectmen.
(k) To be the chief procurement officer for the town, in accordance
with the provisions of Chapter 30B of the Massachusetts General Laws,
and to appoint such assistant procurement officers as provided in
Chapter 30B of the Massachusetts General Laws.
(l) To see that the provisions of the general laws, of this charter,
town by-laws and other votes of the town meeting and votes of the
board of selectmen which require enforcement by the town administrator
are faithfully executed, performed or otherwise carried out.
(m) To inquire, at any time, into the conduct and operation of office
or performance of duties of any officer or employee, department,
board, commission or other town agency.
(n) To attend all sessions of all town meetings and answer questions
raised by voters which relate to warrant articles and to matters over
which the town administrator exercises any supervision.
(o) To reorganize, consolidate, or abolish, in the manner provided in
Article 5, town agencies serving under the supervision of the town
administrator, in whole or in part, provide for new town agencies and
provide for a reassignment of powers, duties and responsibilities among
such agencies so established or existing.
(p) To coordinate the activities of all town agencies serving under the
office of the town administrator and the office of the board of
selectmen with those under the control of other officers and multiple
member bodies elected directly by the voters. For this purpose, the
town administrator shall have authority to require the persons so
elected, or their representatives, to meet with the town
administrator, at reasonable times, for the purpose of effecting
coordination and cooperation among all agencies of the town. The town
administrator shall have the right to attend and speak at any regular
meeting of any multiple member body.
(q) To seek and review, by initiative or upon request of any town
officer, those state, federal, regional and all other grants which may
be of benefit to the Town of Maynard. The town administrator shall be
the authority responsible for reviewing and completing all applications
for such grants, except as otherwise authorized by statutes. Once
drafted, all grant applications shall be submitted to the board of
selectmen for their approval and signature.
(r) To perform any other duties as are required to be performed by the
town administrator by by- laws, administrative code, votes of the town
meeting, or votes of the board of selectmen, or otherwise.
SECTION 4-3: DELEGATION OF AUTHORITY
The town administrator may authorize any subordinate officer or employee
to exercise any power or perform any function or duty which is
assigned to the office of the town administrator, provided, however,
that all acts performed under any such delegation shall at all times be
deemed to be the acts of the town administrator. On a form approved by
the board of selectmen, the town administrator shall submit a record
of any such delegation to the board of selectmen.
SECTION 4-4: ACTING TOWN ADMINISTRATOR
(a) Temporary Absence - With the approval of the board of selectmen,
the town administrator may designate a qualified town administrative
officer or employee to exercise the powers and perform the duties of
the town administrator during an absence of the town administrator of
not more than fifteen (15) days. Such delegation shall be made by
letter filed with the town clerk and the board of selectmen.
(b) Vacancy - Any vacancy in the office of 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
town administrative officer or employee 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 a second three (3) months. Compensation for
such person shall be set by the board of selectmen.
(c) Powers and Duties - The powers and duties of temporary or acting
town administrator, under (a) and (b) above, shall be limited to
matters not admitting of delay 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 4-5: REMOVAL AND SUSPENSION
The board of selectmen may, by a majority vote of the full board,
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 by the affirmative vote of a majority of all its members which
much state the reason or reasons for removal. 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.
The town administrator shall continue to receive a salary until the
effective date of the final resolution of removal.
(b) Within five (5) working days of 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 moderator shall preside at any public
hearing to discuss the suspension or removal of the town administrator.
The town administrator may file a written statement responding to the
reasons stated in the resolution of removal 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,
which may be made effective immediately, by the affirmative vote of a
majority of all its members not less than ten (10) days 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)
working days following the close of the public hearing if the town
administrator has requested one. Failure to adopt a final resolution
of removal within the time periods as provided in this section shall
nullify the preliminary resolution of removal and the town administrator
shall, at the expiration of said time, forthwith resume the duties of
the office.
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
or removal solely in the board of selectmen.
ARTICLE 5
ADMINISTRATIVE ORGANIZATION
SECTION 5-1: ORGANIZATION OF TOWN AGENCIES
The organization of the Town of Maynard into operating agencies for the
provisions of services and the administration of the government may be
accomplished through either of the methods provided in this article.
(a) By-Law - Subject only to the express prohibitions in a general law
or the provisions of this charter, the town meeting may, by by-law,
reorganize, consolidate, create, merge, divide or abolish any town
agency, in whole or in part; establish such new town agencies as it
deems necessary or advisable, determine the manner of selection, the
term of office and prescribe the functions of all such entities;
provided, however, that no function assigned by this charter to a
particular town agency may be discontinued, or unless this charter
specifically so provides, assigned to any other.
(b) Administrative Code - The town administrator, with the approval of
the board of selectmen, may from time to time prepare and submit to
the town meeting plans of organization or reorganization which
establish operating divisions for the orderly and efficient 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, which notice shall
describe the scope of the proposal and the time and place at which the
hearing will be held, not less than seven (7) nor more than fourteen
(14) days following such publication. Following such public hearing,
the proposal, which may have been amended subsequent to the public
hearing, shall be submitted to the town meeting as a warrant article.
An organization or reorganization plan shall become effective at the
expiration of sixty (60) days following the date of adjournment of the
town meeting at which 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 to disapprove the plan and
may not vote to amend or to alter it.
The town administrator may, through this administrative code, and
subject only to express prohibitions in a general law, or this
charter, reorganize, consolidate or abolish any town agency, in whole
or in part; establish such new town agencies as is deemed necessary to
the same extent as is provided in section 5-1 (a), above, for by-laws;
and for such purpose transfer the powers and duties and, so far as is
consistent with the use for which the funds were voted by the town,
transfer the appropriation of the town agency or agencies to another;
provided, however, that no function assigned by this charter to a
particular town agency may be discontinued or, unless this charter
specifically so provides, assigned to any other.
SECTION 5-2: PUBLICATION OF ADMINISTRATIVE CODE AND PERSONNEL PLAN
For the convenience of the public, the administrative code and any
amendments thereto shall be printed as an appendix to, but not an
integral part of the by-laws of the Town of Maynard. The personnel
and staffing plan as prepared by the town administrator, in conformity
with section 4-2 (c) shall be published annually in the town report.
SECTION 5-3: APPOINTMENTS, PROMOTIONS AND DISCIPLINE
Unless otherwise provided for by this charter, the heads of all town
agencies, whether appointed by the board of selectmen or by the town
administrator shall be responsible for the appointment, promotion and
discipline of all persons serving under them.
SECTION 5-4: MERIT PRINCIPLE
Subject to any collective bargaining agreements as may be applicable, or
to the provisions of the civil service law, all appointments and
promotions of town officers and employees shall be made solely on the
basis of merit and fitness demonstrated by examination, past
performance, or other evidence of competence and suitability.
SECTION 5-5: COMPENSATION
The compensation paid to each town officer or employee shall be limited
to the amount established in accordance with the provisions of law,
by-law, or town meeting vote and all fees received in accordance with
the provisions of any general or special law shall be paid into the
treasury of the town and disbursed to the appropriate person or
authority in accordance with the laws.
ARTICLE 6
FINANCE AND FISCAL PROCEDURES
SECTION 6-1: FISCAL YEAR
The fiscal year of the Town of Maynard shall begin on the first day of
July and shall end on the last day of June, unless another period is
required by general law.
SECTION 6-2: FINANCE COMMITTEE
A finance committee shall be established with Article 2, section 2-3 of
this charter.
SECTION 6-3: FINANCIAL PLAN
The town administrator shall develop and annually revise a long range
general financial plan for the town by October 1st of each year or any
other time fixed by by-law. The plan shall project anticipated
revenues from all sources, provide projections related to the town's
future debt obligations, and identify anticipated municipal problems
likely to require major expenditures in the future.
The financial plan shall be reviewed by the board of selectmen and
finance committee and be adopted by the board of selectmen with or
without amendment.
SECTION 6-4: SUBMISSION OF BUDGETS AND BUDGET MESSAGE
(a) Estimated Revenues - On or before the first day of October of each
year or any other time fixed by by-law, the town administrator shall
request and receive from all town agencies, officers and multiple
member bodies the estimated revenues for the next fiscal year. Upon
receipt of any additional specific data provided by the Commonwealth or
from any other source, such estimates shall be revised, updated and
submitted forthwith to the town administrator.
(b) Policy Statement - On or before the first day of November of each
year, or any other time fixed by by-law, the board of selectmen, after
consultation with the town administrator and the finance committee,
shall issue a policy statement relating to the budget for the next
fiscal year. The statement shall establish the outer limits and
guidelines of possible budget growth for the town to be used by the
various town agencies, officers and committees in the preparation of
operating budgets for the ensuing fiscal year.
(c) Budget Requests - Every town agency, officer, and committee
charged with the expenditure of town money shall submit its budget
requests for the ensuing fiscal year to the town administrator by the
first day of December of each year or any other time fixed by by-law.
Such budget requests shall include commentary regarding any changes
from the amounts appropriated for the current year for the same
purposes and any additional work projects that will require additional
expenditures.
(d) Submission of Comprehensive Budget - On or before the first day of
January of each year, or any other time fixed by by-law, the town
administrator shall submit to the board of selectmen a comprehensive
budget for all town functions for the ensuing fiscal year and an
accompanying budget message.
The budget message shall explain the budget both in fiscal terms and in
terms of what specific projects are contemplated in the year ahead.
It shall: (1) outline the proposed financial policies of the town for
the ensuing year; (2) describe the important features of the budget;
(3) indicate any major changes from the current year in financial
policies, expenditures, and revenues, together with the reasons for
such changes; (4) summarize the town's debt position; and (5) include
such other material as the town administrator may deem appropriate.
The budget shall provide a complete financial plan for all town funds
and activities in such a format as the finance committee may suggest,
provided the format suggested is compatible with the standards
recommended by the state association of finance committees. The budget
shall indicate proposed expenditures for both current operations and
capital projects during the ensuing fiscal year, detailed by
departments, offices, multiple member bodies, and specific purposes and
projects.
SECTION 6-5: ACTION ON THE PROPOSED BUDGET
(a) Adoption - The board of selectmen shall on or before the first day
of February, or any other time fixed by by-law adopt the budget, with
or without amendments, and submit it to the finance committee.
(b) Finance Committee Review - The finance committee shall conduct at
least one public hearing on the proposed budget. In preparing its
recommendations, the finance committee may require the town
administrator, any town department, office, or multiple member body to
furnish it with appropriate financial reports and budgetary
information.
(c) Publication - The publication of the proposed budget and finance
committee recommendations shall be included in the warrant of the town
meeting issued by the board of selectmen in accordance with the
provisions of Article 2, of this charter.
(d) Presentation - The board of selectmen shall be responsible for
presenting the town budget to the town meeting. The budget shall be
first subject to amendments by the finance committee before any other
amendments are proposed.
SECTION 6-6: BUDGET ADOPTION
The town meeting shall adopt the budget, with or without amendments,
prior to the beginning of the fiscal year.
SECTION 6-7: CAPITAL IMPROVEMENT PLANS
The capital improvements plan shall be submitted to the board of
selectmen on or before January first of each year, or any other time
fixed by by-law. The board of selectmen shall, within thirty days
adopt the capital improvements plan with or without amendments, and
submit it to the finance committee, which shall issue its
recommendations as part of its annual report.
The town administrator shall prepare a capital improvements plan based
on material developed by a capital planning committee, if any,
including:
(a) a clear and concise general summary of its contents;
(b) a list of all capital improvements proposed to be undertaken during
the next five (5) fiscal years together with supporting information as
to the need for each capital improvement;
(c) cost estimates, methods of financing and recommended time schedules
for each improvement; and
(d) the estimated annual cost of operating and maintaining the
facilities or equipment to be constructed or acquired.
The above information shall be revised and extended each year with
regard to capital improvements pending or in the process of
construction or acquisition.
SECTION 6-8: NOTICE OF PUBLIC HEARING ON CAPITAL IMPROVEMENTS PLAN
The board of selectmen shall publish, in one or more publications of
general circulation in the town of Maynard, the general summary of the
capital improvements plan and a notice stating:
(a) the time and places where copies of the capital improvements plan
are available for inspection; and
(b) the date, time, and place, not less than seven days following such
publication, when the board of selectmen shall conduct a public hearing
on said plan.
SECTION 6-9: COLLECTIONS
Except as otherwise provided by general law or by-law all monies and
fees received by any department, officer, or multiple member body shall
be paid forthwith into the town treasury.
SECTION 6-10: PUBLIC RECORDS
The budget and the capital improvements plan shall be public records,
and copies shall be available for inspection at the office of the town
clerk.
ARTICLE 7
GENERAL PROVISIONS
SECTION 7-1: CHARTER CHANGES
This charter may be replaced, revised or amended in accordance with any
procedures made available under the state constitution and any statutes
enacted to implement the said constitutional provisions.
SECTION 7-2: SEVERABILITY
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 circumstance is held invalid, the
application of this charter and its provisions to other persons and
circumstances shall not be affected thereby.
SECTION 7-3: SPECIFIC PROVISIONS TO PREVAIL
To the extent that any specific provision of this charter shall conflict
with any provision expressed in general terms, the specific provisions
shall prevail.
SECTION 7-4: NUMBER AND GENDER
Words importing the singular number may extend, and may be applied to
several persons or things; words importing the plural number may
include the singular; words importing the feminine gender shall
include the masculine gender; words importing the masculine gender shall
include the feminine gender.
SECTION 7-5: DEFINITIONS
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 in this charter and any
amendments to it which may hereafter be adopted.
(b) Commonwealth - The word Commonwealth shall mean the Commonwealth
of Massachusetts.
(c) Days - The word days mean working days, not including Saturdays,
Sunday 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 otherwise specified as "working days", in which case
Saturdays, Sundays and legal holidays will be counted.
(d) Emergency - The word emergency shall mean a sudden, unexpected,
unforeseen happening, occurrence, event or condition which necessitates
immediate action.
(e) general laws - The words general laws (all lower case letters)
shall mean laws which apply to all cities and towns, to all towns, or
to a class of municipalities of which Maynard is a member.
(f) General Laws - The words General Laws (used with initial capital
letters) shall refer to the General Laws of Massachusetts, a
codification and revision of statutes enacted on December 22, 1920,
and including all amendments thereto subsequently adopted.
(g) Local Publication - The words local publication shall mean a
publication of general circulation in the Town of Maynard.
(h) Majority Vote - The words majority vote shall mean a majority of
those present and voting, provided that a quorum of the body is
present when the vote is taken, unless a higher number is required by
law.
(i) 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.
(j) Precincts - The word precincts shall mean the areas of the Town of
Maynard into which the town is divided for the purposes of voting.
(k) 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.
(l) Town - The word town shall mean the Town of Maynard.
(m) Town Agency - The words town agency shall mean any board,
commission, committee, department, division or office of town
government.
(n) Town Bulletin Board - The words town bulletin board shall mean the
bulletin board in the town building 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, or by
vote of the board of selectmen.
(o) 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.
(p) Voters - The word voters shall mean registered voters of the Town
of Maynard.
SECTION 7-6: RULES AND REGULATIONS
A copy of all rules and regulations adopted by any town agency shall be
filed in the office of the town clerk. No rule or regulation adopted
by any town agency shall become effective until ten (10) days
following the date it has been filed in the office of the town clerk.
SECTION 7-7: PERIODIC REVIEW, CHARTER
At least once every ten (10) years, in each year ending in a one (1), a
special committee to consist of nine (9) 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
committee shall consist of nine (9) who shall be chosen as follows:
the board of selectmen, the school committee, the housing authority and
the board of library trustees shall designate one (1) person; the
finance committee shall designate two (2) persons and three (3)
persons shall be appointed by the town moderator. Persons appointed by
the 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.
SECTION 7-8: REMOVALS AND SUSPENSIONS
Except for the town administrator, whose removal and suspension are
covered in Article 4, section 4- 5 of this charter, any appointed
officer, member of a multiple member body or employee of the town not
subject to the provisions of the state civil service law, 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 cause shall include,
but not be limited to the following:
incapacity other than temporary illness, inefficiency,
insubordination and conduct unbecoming the office.
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 appointing authority to be necessary to
protect the interests of the town. However, no suspension shall be for
more than fifteen (15) days. Suspension may be coterminous with removal
and shall not interfere with the rights of the officer or employee
under the removal procedure given below.
The appointing authority when removing any such 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, return receipt requested, or by any other service providing
proof of delivery to the last known address of the person sought to be
removed.
(b) Within five (5) days following delivery 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 the multiple member body or employee of the town or
notifying such person 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 recision of the
original notice and the officer, member of a multiple member body or
employee of the town shall, forthwith, be reinstated.
Nothing in this section shall be construed as granting a right to such a
hearing when the person who has been appointed for a fixed term is not
reappointed when the original term expires.
SECTION 7-9: PROCEDURES GOVERNING MULTIPLE MEMBER BODIES
(a) Meetings - All multiple member bodies shall meet regularly at such
times and places within the town as they may by their own rules
prescribe. Times and places for all regularly scheduled meetings
shall be posted on the town bulletin board in the town building.
Special meetings of any multiple member bodies shall be held on the call
of the respective chairperson or by one-third of the members thereof
by suitable written notice delivered to the residence or place of
business of each member and shall be posted on the town bulletin board
in the town building at least forty-eight (48) hours in advance of the
time set.
Except as authorized by law, all meetings of all multiple member bodies
shall be open and public. All meetings shall be held in places to
which members of the public have a convenient right of access.
(b) Rules and Journal - Each multiple member body shall determine its
own rules and order of business unless otherwise provided by this
charter or by by-law and shall provide for the keeping of a journal of
its proceedings. These rules and journals shall be public records, and
shall be kept available for public inspection.
(c) Voting - Except on procedural matters all votes of all multiple
member bodies shall be a call of the roll and the vote of each member
shall be recorded in the journal, provided, however, that if the vote
is unanimous only that fact need be recorded.
(d) Quorum - A majority of the members of the multiple member body
then in office shall constitute a quorum.
(e) Filling of Vacancies - Whenever a vacancy shall occur in the
membership of an appointed multiple member body the remaining members
shall forthwith give written notice of such vacancy to the appointing
authority. If, at the expiration of thirty (30) days following the
delivery of such notice to the appointing authority said appointing
authority has not appointed some person to fill the vacancy the
remaining members of the multiple member body shall fill such vacancy
for the remainder of any unexpired term by majority vote of the
remaining members.
SECTION 7-10: NOTICE OF VACANCIES
Unless provided by by-law, whenever a vacancy occurs in any town office,
position or employment, or whenever by reason of a pending retirement
or expiration of a fixed term a vacancy can be anticipated, the
appointing authority shall forthwith cause public notice of such
vacancy to be posted on the town bulletin board in the town building
for not less than ten (10) days. Such notice shall contain a
description of the duties of the office, position or employment and a
listing of the necessary or desirable qualifications to fill the
office, position or employment. No permanent appointment to fill such
office, position, or employment shall be effective until fourteen (14)
days following the date such notice was posted to permit reasonable
consideration of all applicants. This section shall not apply to
positions covered by the civil service law and rules or if in conflict
with the provisions of any collective bargaining agreement.
SECTION 7-11: LOSS OF OFFICE, EXCESSIVE ABSENCE
If any person appointed to serve as a member of a multiple member body
shall fail to attend four (4) or more consecutive meetings, or one
half or more of all the meetings of such body held in one calender
year, the remaining members of the multiple member body may, by a
majority vote of the remaining members of the multiple member body,
declare the office to be 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 mail, return receipt
requested, or by any other service providing proof of delivery, notice
of such proposed or pending vote to the last known address of such
person.
SECTION 7-12: TERMS OF OFFICE
Notwithstanding any other provision of this charter which may appear to
be to the contrary, whenever a person after having served for the
initial term of years in a full time appointed town office, including,
but not limited to the offices of town clerk, town accountant and town
treasurer- collector, is reappointed to the same office to succeed
themselves, such reappointment shall be for an indefinite term not
subject to further periodic reappointment, but subject to removal and
or suspension in accordance with the procedures of section 7-8 of this
charter.
ARTICLE 8
TRANSITIONAL PROVISIONS
SECTION 8-1: CONTINUATION OF EXISTING LAWS
All town by-laws, resolutions, rules, regulations, and votes of the town
meeting which are in force at the time this charter is adopted, which
are not inconsistent with the provisions of this charter, shall
continue in full force until amended or repealed.
Where provisions of this charter conflict with the provisions of town
by-laws, rules, regulations, orders, and special acts and acceptances
of laws of the Commonwealth, the charter provisions shall govern. All
provisions of town by-laws, rules, regulations, orders and special acts
not superseded by this charter shall remain in force.
SECTION 8-2: CONTINUATION OF GOVERNMENT
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 8-3: CONTINUATION OF ADMINISTRATIVE PERSONNEL
Any person holding an office or position in the administrative service
of the town, or any person serving in the employment of the town shall
retain such office or position and shall continue to perform his or
her duties until provisions shall have been made in accordance with
this charter for the performance of the said duties by another person
or agency.
SECTION 8-4: TRANSFER OF RECORDS AND PROPERTY
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, department or
agency shall be transferred forthwith to the office, department or
agency to which such powers and duties are assigned.
SECTION 8-5: TIME OF TAKING EFFECT
This charter shall take effect upon its adoption by the voters of
Maynard, except as is hereinafter provided:
(a) Forthwith following the election at which this charter is adopted
each town agency shall designate some person to represent it at all
sessions of the town meetings to be held in this calender year, in
accordance with the provisions of section 2-8.
(b) Forthwith following the election at which this charter is adopted
the board of selectmen shall initiate proceedings whereby a screening
committee shall be established to review applicants for the position
of town administrator. The screening committee is to consist of nine
(9) persons, representing as nearly as possible the town demographic
and occupational base.
Not more than thirty (30) days following the election at which this
charter is adopted the nine persons chosen aforesaid shall meet to
organize and to plan a process for the selection of the town
administrator.
The screening committee shall review all applications received by it,
screen all such applicants by checking and verifying work records and
other credentials, and provide for interviews to be conducted with
such number of candidates it deems to be necessary, desirable, or
expedient.
Not more than ninety (90) days following the date on which the committee
meets to organize, the committee shall submit to the board of
selectmen the names of not less than three nor more than five (5)
persons whom it believes to be best suited to perform the duties of the
office of town administrator.
Within thirty (30) days following the date the list of nominees is
submitted to it, the board of selectmen shall choose one of the said
nominees to serve as town administrator. In the event the board of
selectmen shall fail to make an appointment within the said thirty
days, the screening committee shall, forthwith, appoint a town
administrator.
Upon the appointment of a town administrator, the committee established
hereunder shall be considered discharged.
Until such time as some other provision is made, by by-law, for another
screening committee, a committee shall be established, as above,
whenever the office of town administrator shall become vacant. For
such purpose, references in this section to the date of the election at
which this charter is adopted shall be understood to mean the date a
vacancy, or pending vacancy, in the office of town administrator,
becomes known.
(c) A special election for the purpose of increasing the number of
members of the board of selectmen from three to five shall be held on
the third Monday in September in the year in which this charter is
adopted. Candidates shall be nominated and the election shall be held
in accordance with the laws relating to town elections, for two
separate offices: (1) to serve as a member of the board of selectmen
for the remainder of a three year term, expiring at the town election
to be held in the third year following the year in which this charter
is adopted. The candidate receiving the highest number of votes shall
serve until the town election in three years; and (2) to serve as a
member of the board of selectmen for the remainder of a two year term,
expiring at the town election to be held in the second year following
the year in which this charter is adopted. The candidate receiving the
second highest number of votes shall serve until the town election in
two years. Thereafter, candidates shall be elected to fill expiring
terms in the manner provided in Section 3-2.
(d) Forthwith following the election at which this charter is adopted,
the acceptance of Chapter 393 of the Acts and Resolves of 1952,
establishing a Board of Public Works for the Town of Maynard, is
hereby repealed. Insofar as any powers, rights and duties of the town
relating to public works are required by law to be exercised by a
multiple member board, such powers, rights and duties shall be
henceforth exercised by the board of selectmen. The current elected
members of the board of public works shall serve as advisors to the
board of selectmen until the expiration of their elected terms. No
further elections for the office of board of public works shall be held.
(e) The position of administrative assistant to the selectmen is hereby
abolished effective upon the assumption of office of the first town
administrator. Nothing contained in this charter shall be construed
as to grant to the incumbent of that office at the time this charter is
adopted any right or privilege to be retained in the employment of the
town. It is the specific intention of this provision that such person
not automatically be continued in office under the designation of town
administrator, which office is created by Article 4 of this charter.
There shall be a widespread search for candidates to be considered for
appointment to the office of town administrator. The incumbent
administrative assistant may be such a candidate.
(f) Until such time as the town administrator is appointed, the board
of selectmen shall exercise all the powers, duties and
responsibilities necessary to ensure an orderly operation of town
government.
(g) The incumbent in the office of town treasurer/collector shall
continue to serve for the balance of the term for which the town
treasurer/collector was elected. Upon the expiration of the term of
office of the town treasurer/collector, or if a vacancy shall sooner
occur, the office shall be appointed in the manner provided in Article
4-2.
(h) The incumbent in the office of town clerk shall continue to serve
for the balance of the term for which the town clerk was elected.
Upon the expiration of the term of office of the town clerk, or if a
vacancy shall sooner occur, the office shall be appointed in the manner
provided in Article 4-2.
(i) The incumbents serving as members of the board of assessors shall
continue to serve for the balance of the terms for which they were
elected. Upon the expiration of the terms of office of the members of
the board of assessors, or if a vacancy shall sooner occur, the offices
shall be appointed in the manner provided in Article 3-2.
(j) The incumbents serving as members of the board of health shall
continue to serve for the balance of the terms for which they were
elected. Upon the expiration of the terms of office of the members of
the board of health, or if a vacancy shall sooner occur, the offices
shall be appointed in the manner provided in Article 3-2.
(k) The incumbents serving as members of the planning board shall
continue to serve for the balance of the terms for which they were
elected. Upon the expiration of the terms of office of the members of
the planning board, or if a vacancy shall sooner occur, the offices
shall be appointed in the manner provided in Article 3-2.
SECTION 8-6: CHARTER AMENDMENT
This charter may be replaced, revised, or amended in accordance with the
procedures made available by Articles eighty-nine (89) and one hundred
thirteen (113) of the amendments to the Constitution of the
Commonwealth, commonly known as the Home Rule Amendment, and by
Massachusetts General Laws, Chapter 43B, commonly known as the Home
Rule Procedures Act.
SECTION 8-7: TRANSITIONAL ORGANIZATION
(a) Until such time as a different form of organization shall be
provided, in accordance with the provisions of Article 5 of this
charter, the following outline of organization shall be operative:
THE BOARD OF SELECTMEN SHALL APPOINT:
- a Town Administrator;
- a Conservation Commission, to consist of five members;
- an Industrial Development and Finance Authority, to consist
of five members;
- a Town Counsel;
- one or more Constables, as the Selectmen may deem
necessary;
- a Civil Defense Director;
- a Maynard Historical Commission, to consist of five
members;
- a Board of Appeals, to consist of five members and two
associate members;
- a Board of Health, to consist of three members;
- a Planning Board, to consist of five members;
- a Police Chief, and all police officers;
- a Fire Chief;
- a Recreation Commission to consist of five members;
- a Board of Registrars to consist of two members (in addition
to the Town Clerk);
- a Cable Television Committee to consist of five members;
- a Veterans Administrator;
- two or more Fence Viewers;
- the Town's representative to the Town Retirement Board;
- a Superintendent of Public Works;
- a Keeper of the Lock-up;
- a Council on Aging to consist of eleven members;
- an Arts Lottery Committee to consist of seven members;
- a Board of Assessors, to consist of three members;
- a representative to the Metropolitan Area Planning Council.
- a Right-To-Know Coordinator
THE SELECTMEN AND SCHOOL COMMITTEE SHALL APPOINT:
- one or more representatives to the Assabet Valley Regional
Vocational School Board, to serve for terms of three years
each.
THE TOWN ADMINISTRATOR SHALL APPOINT:
- a Town Clerk;
- a Town Treasurer/Town Collector;
- a Town Accountant;
- a Sealer of Weights and Measures, and one or more Assistant
Sealers of Weights and Measures;
- a Dog Officer;
- an Inspector of Animals;
- a Plumbing Inspector;
- an Inspector of Gas Piping and Gas Appliances;
- a Building Inspector;
- a Wiring Inspector;
- a Hazardous Waste Committee;
- Assistant Inspectors.
THE MODERATOR SHALL APPOINT:
- a Finance Committee, to consist of nine members;
- all Standing Committees authorized by vote of Town Meeting.
(b) All town officers and all members of all boards, commissions and
committees who have heretobefore been elected and who will henceforth
be appointed under the provisions of this charter, shall serve for the
balance of the term for which they were elected, (subject to their
retirement or resignation) but their successors shall be appointed for
terms equivalent to the terms of the previously elected offices,
unless changed in accordance with the provisions of Article 5 of this
charter.
(c) Forthwith following the election at which this charter is adopted a
special committee of seven members shall be appointed by the town
moderator to revise the by-laws of the town to fully implement the
provisions of this charter. The said committee shall submit a report
and recommendations to the town meeting for adoption by a warrant
article at the annual regular town meeting held in the year following
the year in which this charter is adopted. At least two members of
the said committee shall have been members of the charter commission.
Upon submission of said report and recommendations to the town
meeting, this special committee shall be discharged.
(d) Forthwith following the election at which this charter is adopted,
a special committee of seven members shall be appointed by the town
moderator to prepare a code of ethics for the Town of Maynard. Said
committee shall be composed of one elected town official, one appointed
town official, one town employee and four voters at large from the
town. The code of ethics shall be applicable to all elected and
appointed town officials and town employees. The said committee shall
submit a report and recommended code of ethics to the town meeting for
adoption by a warrant article at the annual town meeting in the year
following the year in which this charter is adopted. Upon submission
of said report and recommendations to the town meeting, this special
committee shall be discharged.
(e) Notwithstanding any provision of this charter to the contrary, it
is expected that the first person to serve as town administrator
shall, upon appointment, begin immediately to organize the
administrative structure and exercise all of the powers, duties and
responsibilities assigned by this charter to the office. It is
recognized that such implementation of this charter may be gradual, and
shall be under the direction of the board of selectmen.
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