Section 8-1 -CHARTER CHANGES
Section 8-2 -SEVERABILITY
Section 8-3 -SPECIFIC PROVISION TO PREVAIL
Section 8-4 -RULES AND REGULATIONS
Section 8-5 -REVIEW OF BYLAWS
Section 8-6 -RULES OF CONSTRUCTION
Section 8-7 -CERTIFICATE OF ELECTION OR APPOINTMENT
Section 8-8 -OATH OF OFFICE OF MAYOR, COUNCILORS, AND SCHOOL COMMITTEE MEMBERS
SECTION 8-1: CHARTER CHANGES
(a) In General - This Charter may be replaced, revised or amended in accordance with any procedure made available under the State Constitution, or by statutes enacted in accordance with the State Constitution.
(b) Periodic Review - The Town Council shall provide, in every year ending in a zero, for a review of the Charter by a special or standing committee of the Council [consisting of not more than three (3) members] and four (4) additional persons to be appointed by the Mayor. The said committee shall file a report within the said year recommending any changes in the Charter, which it may deem to be necessary or desirable.
SECTION 8-2: SEVERABILITY
The provisions of this Charter are severable. If any provision of this Charter is held invalid, the other provisions 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 8-3: SPECIFIC PROVISION TO PREVAIL
To the extent that any specific provision of this Charter may conflict with any other provision expressed in general terms, the specific provision shall prevail.
SECTION 8-4: RULES AND REGULATIONS
A copy of all rules and regulations adopted by Town agencies shall be placed on file in the office of the Town Clerk and shall be available for review by any person who requests such information at any reasonable time. No rule or regulation adopted by any Town agency shall become effective until five (5) days following the date it is so filed.
SECTION 8-5: REVIEW OF BYLAWS
In each year ending in a 5 or in a 0, the town council shall provide for a review of all ordinances of the town to determine if any amendments or revisions may be necessary or desirable. The review shall be conducted under the supervision of the town attorney or, if the town council so directs, by special counsel appointed for that purpose. A report, with recommendations, shall be submitted within that year.
SECTION 8-6: RULES OF CONSTRUCTION
(a) Number and Gender - Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender shall include the feminine gender.
(b) Computation of Time - In computing time under the Charter, if less than seven (7) days "days" shall not include Saturdays, Sundays or legal holidays. If seven (7) days, or more, every day shall be counted.
(c) References to General Laws - All references to General Laws contained in the Charter refer to the General Laws of the Commonwealth of Massachusetts and are intended to refer to and to include any amendments or revisions to such chapters or sections, or to the corresponding chapters and sections of any rearrangement, recodification, or revision of such statutes enacted or adopted subsequent to the adoption of this Charter.
SECTION 8-7: CERTIFICATE OF ELECTION OR APPOINTMENT
(a) Every person who is elected, including those elected by the Town Council, or appointed to an office of the Town shall receive a certificate of such election or appointment from the Town Clerk.
(b) Except as otherwise provided by law, before performing any act under an appointment or election, all such persons shall take and subscribe to an oath of office and be sworn to the faithful performance of their duties.
SECTION 8-8: OATH OF OFFICE OF MAYOR, COUNCILORS, AND SCHOOL COMMITTEE MEMBERS
(a) The Mayor-elect, Councilors-elect and School Committee members-elect shall, on the first business day of the new year, meet and be sworn to the faithful discharge of their duties. The Mayor or Mayor-elect shall preside at such joint session. In years following the election of the Mayor the oath shall first be administered to that officer by the Town Clerk, or by a judge of a court of record, or by a justice of the peace. The oath may be administered to the members of the Town Council and the School Committee by the Mayor, after the Mayor has been duly sworn, or by any of the above named officials. A certificate that said oath or oaths have been taken shall be entered in the journal of the Town Council.
(b) In case of the absence of the Mayor-elect, or any member-elect of the Town Council or School Committee on said day the oath of office may at any time thereafter be administered to such person who for any reason shall not have taken the oath on the day named. All such oaths subsequently taken shall be entered in the journal of the Town Council.
(c) After the oath has been administered to the Councilors present, they shall organize by the election of a president and a vice-president, as provided in section 2-2. The president shall be sworn by the Town Clerk, or, in the case of the absence of the Town Clerk, by any justice of the peace. After the oath has been administered to the School Committee members present, they shall organize by the election of a chair and a vice-chair, as provided in section 4-2. The chair shall be sworn by the Town Clerk, or, in the case of the absence of the Town Clerk, by any justice of the peace.
(d) When the Town Council and the School Committee meet to organize the members present, senior in years of service on such body, shall preside pending the election of a president, or of a chair, as the case may be. If two (2) or more of the members present have the same number of years of service the member present senior in both years of service and age shall preside.
Posted: Fri, Jan 17, 2020 01:04 PM
Updated Fri, Jan 17, 2020 12:00 AM