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PROPOSED HOME RULE CHARTER Hopkinton Charter Commission Marie Eldridge (Chairman) William McRobert (Vice-chairman) Beth Herlihy (Clerk) Doris Carver Nancy Clark Gary Daugherty Thomas Irvin Bruce Karlin Mary
Pratt INTRODUCTION The Hopkinton Charter Commission respectfully
submits its Final Report for the consideration of the voters. The
recommendations found in this charter have been made after long
deliberation and extensive research, and the commission has made every
effort to involve both citizens and officials in the process. The
members of the Charter Commission believe adoption of this charter
will significantly improve our town’s governmental structure and its
ability to deal with contemporary problems, both on a day-to-day and
long-range basis. Overview The Charter Commission’s 17-month study of our
Town government has served to confirm a view long held by many, that
Hopkinton has been and is fortunate to have an outstanding group of
men and women serving in its elected and appointed town positions.
The changes we are proposing should in no way be construed as
criticism of any of them or the way in which they perform their
assigned tasks. Quite the contrary, we believe adoption of the
proposed charter will aid them in a more efficient and effective
delivery of services to the citizens and taxpayers. Explanation
of Proposed Charter The Town of Hopkinton currently operates under a
collection of state statutes, general laws and special laws that are
not consolidated in a particular document.
The commission’s proposed charter contains all of the
provisions related to the basic operation and conduct of Town
government in one document. This charter clearly describes the powers, duties, and
responsibilities of Town officials and the relationships between
departments. With Hopkinton’s large population growth, the
business of the Town has expanded significantly and has become more
complex for part-time officials to administer.
The proposed charter centralizes administrative authority in
order to permit a greater amount of coordination. The commission
believes an organizational structure that includes a Town Manager and
a Finance Director will provide more accountability and efficiency of
day-to-day operations and allow the part-time Board of Selectmen,
Appropriations Committee, and other volunteer boards to concentrate
more fully on establishing policies and overseeing operations. In addition, by adopting our own Home Rule
Charter, we can determine the organization of local government without
state approval, thereby assuming more responsibility for our own
destiny and becoming more autonomous. Statement of Major Differences The major differences between the proposed charter and the existing laws of the Town are as follows: 1. The position of Town Manager is established. This position builds upon the existing position of Executive Secretary. The Town Manager is given responsibility to oversee daily town business, manage administrative affairs, coordinate activities of town agencies and appoint specific officers of
the Town. 2. A Finance Department led by a Finance Director is established. It is the intent of the Charter Commission that the Finance Director position be created by expanding the responsibilities of an existing financial position. The Finance Director is given responsibility to coordinate financial management practices, facilitate long-range planning, and supervise the annual budget
process. 3. The position of Police Chief is changed from a weak chief to a strong chief. This brings the degree of autonomy for this position more in line with that of the Fire Chief’s position. 4. A recall provision for elected officials is established. 5.
Three-year terms are established for the offices of the Town
Moderator and Town Clerk. Conclusion The Charter Commission believes that the
operation of town government has become increasingly time-consuming
and complex, and a transfer of more day-to-day duties from part-time
volunteers to full-time employees will enhance effectiveness. This
Charter provides a governmental structure that has better defined
administrative coordination, an improved financial process, and more
built-in accountability. We also acknowledge that the vast majority of
townspeople desire to continue conducting legislative affairs in an
Open Town Meeting. The Commission feels that this Charter will
provide the framework for more efficient management of government for
the future, and will afford maximum Home Rule consistent with the
Constitution of the Commonwealth.
This Charter contains provisions for amendment, if and when
needed. PROPOSED
HOME RULE CHARTER TOWN
OF HOPKINTON, MASSACHUSETTS Table
of Contents ARTICLE 1: INCORPORATION, EXISTENCE AND AUTHORITY
Section 1-1: Incorporation - page 6 Section 1-2: Short Title – page 6 Section 1-3: Powers of the Town – page 1 Section 1-4: Division of Powers – page 6 Section 1-5: Interpretation of Powers – page 6 Section 1-6: Intergovernmental Relations – page 6 Section
1-7: Precedence of Charter Provisions – page 7 Section
1-8: Ethical Standards – page 7 Section
1-9: Definitions – page 7
ARTICLE 2: LEGISLATIVE BRANCH Section
2-1: Town Meeting – page 9 Section
2-2: Presiding Officer – page 9 Section
2-3: Annual Town Meeting –page 9 Section
2-4: The Town Report – page 9 Section
2-5: Warrants – page 9 Section
2-6: Initiation of
Warrant Articles – page 10 Section
2-7: Availability of Town Officials at Town Meetings – page 10 Section
2-8: Clerk of the Meeting – page 10 Section
2-9: Rules of Procedure – page 11 Section
2-10: General Powers and Duties - page 11 ARTICLE 3: ELECTED OFFICERS Section
3-1: General – page 11 Section 3-2: Board of Selectmen – page 13 Section 3-3: School Committee – page 14 Section 3-4: Town Moderator – page 15 Section 3-5: Hopkinton Housing Authority – page 15 Section 3-6: Planning Board –page 16 Section
3-7: Town Clerk – page 16 Section
3-8: Board of Assessors – page 17 Section
3-9: Board of Health – page 17 Section
3-10: Parks and Recreation Commission – page 17 Section
3-11: Other Elected Officers – page 17 ARTICLE 4: TOWN MANAGERSection
4-1: Appointment, Qualifications and Review Procedure – page 18 Section
4-2: Powers and Duties - page 18 Section
4-3: Removal and Suspension – page 19 Section
4-4: Vacancy in the Office of the Town Manager – page 20 ARTICLE 5: ADMINISTRATIVE ORGANIZATION
Section
5-1: Organization of Town Agencies – page 21 Section
N 5-2: Publication of Administrative Order – page 22 Section
5-3: Merit Principle – page 22 Section
5-4: Department of Finance – page 22 Section
5-5: Finance Director – page 23 ARTICLE 6:
FINANCE AND FISCAL PROCEDURES
Section
6-1: Fiscal Year – page 23 Section
6-2: Submission of Budget – page 23 Section
6-3: Capital Improvements – page 25 Section
6-4: Approval of Warrants – page 25 Section
6-5: Audits – page 25 ARTICLE 7: GENERAL PROVISIONSSection 7-1: Charter
Changes – page 25 Section 7-2:
Severability – page 26 Section 7-3: Specific
Provisions to Prevail – page 26 Section 7-4: Number and
Gender – page 26 Section 7-5: Rules and
Regulations – page 26 Section 7-6: Periodic
Review, Charter and By-laws – page 26 Section 7-7: Removals
– page 26 Section 7-8: Loss of
Office, Excessive Absence – page 27 Section 7-9: Notice of
Vacancies – page 27 ARTICLE
8: TRANSITIONAL
PROVISIONS
Section 8-1: Continuation of Existing Laws –
page 28 Section 8-2: Continuation of Government – page
28 Section 8-3: Continuation of Administrative
Personnel – page 28 Section 8-4: Transfer of Records and Property –
page 28 Section 8-5: Effective Date – page 28 APPENDICES
Appendix A: Appointment Lists – page 29
PREAMBLE: We, the people of the Town of Hopkinton,
Massachusetts, in order to affirm the customary and traditional
liberties of the people with respect to the conduct of our local
government, and to take the fullest advantage inherent in the home
rule amendment of the constitution of the Commonwealth, do hereby
adopt the following Home Rule Charter for this Town. ARTICLE 1: INCORPORATION, EXISTENCE AND AUTHORITY
Section 1-1: Incorporation
The inhabitants of the Town of Hopkinton, within
the corporation limits as established by law, shall continue to be a
body corporate and politic with perpetual succession under the name
“Town of Hopkinton.” Section 1-2: Short Title
This instrument shall be known and cited as the
Hopkinton Home Rule Charter. Section 1-3: Powers of the Town
It is the intent and purpose of the voters of the
Town of Hopkinton, through the adoption of this Charter, to secure for
the Town all the powers possible under the Constitution and statutes
of the Commonwealth, as fully and as completely as though each such
power were specifically and individually enumerated herein. Section 1-4: Division of Powers
The administration of all the fiscal, prudential
and municipal affairs of the Town shall be vested in an executive
branch headed by a Board of Selectmen and a Town Manager. The
legislative powers shall be exercised by an open Town Meeting. Section 1-5: Interpretation of Powers
The powers reserved
or granted to the Town of Hopkinton under this Charter are to be
construed liberally and interpreted broadly 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 Hopkinton as stated in
Section 1-3. Section 1-6: Intergovernmental Relations
The Town may enter into agreements with any other
unit or units of government to perform jointly or in cooperation, by
contract or otherwise, any of its powers or functions. Section 1-7: Precedence of Charter ProvisionsAll general laws, special laws, town bylaws, votes, rules and regulations pertaining to the Town which are in force when the charter takes effect, and which are not specifically or by implication repealed directly or indirectly hereby, shall continue in full force and effect until amended or rescinded by due course of law or until they expire by their own limitation. Section 1-8: Ethical Standards
Elected and appointed officers and employees of
the Town of Hopkinton are expected to demonstrate, by their example,
in general conduct and in the performance of their duties and
responsibilities, the highest ethical standards to the end that the
public may justifiably have trust and confidence in the integrity of
its government. Elected and appointed officers and employees of the
Town of Hopkinton are expected to recognize that they act always as
agents for the public, that they hold their offices or positions for
the benefit of the public, that the public interest is their primary
concern, and that they are expected to faithfully discharge the duties
of their offices regardless of personal considerations.
Elected and appointed officials and employees of the Town of
Hopkinton shall not use their official positions to secure or grant
special consideration, treatment, advantage, privilege or exemption to
themselves or to any other person beyond that which is available to
every other person. Section 1-9: DefinitionsUnless another meaning is clearly apparent from
the manner in which a word is used, the following words as used in
this Charter shall have the following meanings:
(a) Charter – Shall mean this Charter and any
amendments to it, which may hereafter be adopted.
(b) Days – Shall refer to business days, not including
Saturdays, Sundays and legal holidays when the time set is less than
seven days. When the time set is seven days or more, every day shall be
counted.
(c) Emergency – Shall mean a sudden, unexpected,
unforeseen happening, occurrence, event or condition which
necessitates immediate action.
(d) general laws – The words “general laws” (all
lower case letters) shall mean laws which apply alike to all cities
and towns, to all towns, or to a class of municipalities of which
Hopkinton is a member.
(e) He/him – Words importing the masculine gender
shall include the female gender.
(f)Local Newspaper – Shall mean a newspaper of general
circulation in the Town of Hopkinton.
(g) M.G.L.A.- The abbreviation “M.G.L.A.” shall
refer to Massachusetts General Laws Annotated. (h) 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.
(i) Multiple Member Body – Shall mean any town body,
consisting of two or more persons and whether styled as a board,
commission, committee, subcommittee, or otherwise and however elected,
appointed or otherwise constituted.
(j) Quorum – Except
for Town Meeting and 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.
(k) Supermajority Vote – Shall mean a vote that
requires a majority plus one for passage. (l) Town – Shall mean the Town of Hopkinton, Massachusetts.
(m) Town Agency – Shall mean any board, commission,
committee, department, division or office of the town government.
(n) Town Bulletin Board – Shall mean the bulletin
board in the town hall, located in the main hall near the Town
Clerk’s office, in which office notices are posted and those at
other town buildings and\or facilities which may from time to time be
designated as town bulletin boards.
(o) Town Meeting – Shall mean the open Town Meeting
established in Article 2, whether
annual or special. Unless otherwise stated, provisions applying to
Town Meetings or to Annual Town Meetings shall apply equally to
Special Town Meetings.
(p) Town Officer - When used with or 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.
(q) Voters – Shall mean registered voters of the Town of
Hopkinton, Massachusetts.
(r) Warrant – Shall
mean a document required to warn and notify residents and inhabitants
of the Town, qualified to vote in Town affairs, to meet at a specific
place to act on published articles relating to the governance of the
Town. ARTICLE
2: LEGISLATIVE BRANCH Section
2-1: Town Meeting The legislative powers of the Town shall be exercised
by a Town Meeting open to all registered
voters of the Town. The Annual Town Meeting shall
be held on a date fixed by bylaw and in accordance with state law. Section
2-2: Presiding Officer The Moderator, elected as provided in Section 3-4,
shall preside at all sessions of the Town Meeting. He shall, at the
first session of Town Meeting, appoint a Deputy Moderator to serve in
the event of his absence or disability, provided the Town Meeting
shall ratify such appointment. The Deputy
Moderator may also temporarily serve in the case where the Moderator
is placed in conflict or the appearance of conflict arises with regard
to the substance of a particular article or matter under
consideration. 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 the general laws, by this charter, by bylaw or by
other vote of the Town Meeting. Section
2-3: The Town Report The Board of Selectmen shall publish the Annual Town
Report and make it available at least 14 days in advance of the Annual
Town Meeting. Section 2-4: Special Town Meetings Special Town Meetings shall be held at the call of a
majority of the full Board of Selectmen at such times as they deem
necessary, in order to transact the legislative business of the Town
in an orderly manner. Special Town Meetings shall also be held on the
petition of two hundred (200) or more voters, in the manner provided
by the general laws and Town bylaw. Section 2-5: 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, identify
the subject matter to be acted upon. The publication of the warrant
for every Town Meeting shall be in accordance with general laws and
Town bylaw governing such matters. Section 2-6: Initiation of Warrant Articles
(a) Initiation
– Subject to paragraph (c) below, the Board of Selectmen shall
receive at any time petitions addressed to it 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 an Annual Town
Meeting and any one hundred (100)
voters for a Special Town Meeting. (b) Referral
– Following receipt of any petition containing a proposed warrant
article, the Board of Selectmen shall cause a copy of the proposal to
be delivered to the chairman of the Appropriations Committee, and
shall cause such other distribution to be made of each such proposal
as may be required by the general laws or by bylaw. (c) Inclusion on the Warrant – Annual Town Meeting – The Board of Selectmen shall include in the warrant, for a regular Town Meeting, the subject matter of all petitions which have been received by it sixty (60) or more days prior to the date fixed by Town bylaw for Town Meeting to convene. The Board of Selectmen shall not include in any such warrant the subject matter of any petition which has been received by it after said day nor shall any matter originating with the Board be included after said date. d) Inclusion
on the Warrant – Special Town Meeting - Whenever a Special Town Meeting is to be called, the Board of Selectmen
shall give notice to all Town Agencies of such intention and shall
publish a notice of its intention in a local newspaper. 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 the close
of the tenth business day following such publication. Section 2-7: Availability of Town Officials at Town
Meetings Every Town officer, the chairperson of each multiple
member body, the head of each department and the head of each division
within the said departments shall attend all sessions of the Town
Meeting. In the event any Town officer, chairperson of a
multiple member body, department or division head is to be absent due
to illness or other reasonable cause, such person shall designate a
deputy to attend to represent the office, multiple member body,
department or division. 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 fulfilling the objectives of this section. Section 2-8: Clerk of the Meeting The Town Clerk shall serve as clerk of the Town
Meeting, give public notice of all adjourned sessions of the Town
Meeting, record its proceedings, and perform such additional duties in
connection therewith as may be provided by the general laws, by this
Charter, by bylaw or by other Town Meeting vote. Section 2-9: Rules of Procedure The Town Meeting may, by bylaw, establish and from time
to time amend, revise or repeal rules to govern the conduct of all
Town Meetings. Section 2-10: General Powers and Duties The Town Meeting shall provide for the exercise of all
of the powers of the Town and for the performance of all duties and
obligations imposed upon the Town for which no other provision is made
in this Charter, by the general laws or by bylaw. ARTICLE 3: ELECTED OFFICERS Section 3-1: General
(a) Elective Town Offices - The
Town offices to be filled by the voters shall be a Town Clerk, Town
Moderator, Board of Selectmen, School Committee, members of a
Hopkinton Housing Authority, a Planning Board, a Board of Assessors, a
Board of Health, a Cemetery Commission, a Parks and Recreation
Commission, Commissioners of the Trust Fund and such other officers or
representatives to regional authorities or districts as may be
established by law or by inter-local agreement which shall also be
filled by ballot at Town elections. (b) Town Election - The annual election for the purpose of election by ballot of Town officers and voting on any questions required by law to be placed upon the official ballot shall be held on a date fixed by bylaw.
(c) Compensation - Elected Town officers shall receive
such compensation for their services as may be appropriated at the
Annual Town Meeting for such purpose.
(d) 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 Manager, at all reasonable
times, for consultation, conference and discussion on any matter
relating to their respective offices.
(e) Filling of Vacancies 1. Town Clerk and Moderator - If there is a failure to elect, or if a vacancy
occurs in the office of Town Clerk or Town Moderator, the Board of
Selectmen shall appoint a suitable person to serve until the next town
election 2. Multiple member body
– If there is a failure to elect, or if a vacancy occurs in the
membership of an elected multiple member body, the remaining members
of the multiple member body shall give notice to the Board of
Selectmen and to the public of such vacancy in accordance with the
provisions of Section 7-9; the Board of Selectmen, with the remaining
members of such multiple member body shall, not less than one (1) week
after notice of the date on which the vote is to be taken, fill such
vacancy until the next town election by a joint vote. The affirmative
votes of the majority of the persons entitled to vote on such a
vacancy shall be necessary for such elections. 3. Board of Selectmen
– If there is a failure to elect, or if a vacancy occurs in the
membership of the Board of Selectmen, the remaining members of the
Board of Selectmen may call a special election to fill such vacancy or
shall call such special election upon the written request of two
hundred (200) or more voters. (f) Recall Provision for Elected Officers
1. Application -
Any holder of any elective Town office, as defined in Section 3-1(a),
may be recalled provided that the recall election occurs prior to six
months from the end of his elective term. 2. Recall Petition – Ten (10) percent of the voters of the Town may file with the Town Clerk an
affidavit containing the name of the officer sought to be recalled and
a statement of the grounds for the recall, provided, however, not less
than two hundred (200) such names shall be from each of
the precincts of the Town. The Town Clerk shall thereupon deliver to
said voters making the affidavit copies of petition blanks demanding
such recall. The petition
blanks shall contain the following heading:
Initiating a recall is a serious process and should not be
undertaken lightly. The blanks shall be issued by the Town
Clerk with the Town Clerk’s signature and official seal. They shall
be dated, shall be addressed to the board of selectmen, shall contain
the names of all petitioners to whom they are issued, the name of the
person whose recall is sought, the grounds for recall as stated in the
affidavit and shall demand the election of a successor to 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 and filed with the clerk
within forty five (45) days following the date of the filing of the
affidavit signed by at least 20% of the registered voters of
the Town as of the date such affidavit was filed with the Town Clerk. The Town Clerk shall, within one (1) business day of receipt, submit the petition to the Registrar of Voters in the Town, and the Registrar shall, within five (5) business days, certify thereon the number of signatures that are names of registered voters of the Town. 3. Recall Election – If the petitions are certified by the Registrar of Voters to be sufficient,
the Town Clerk shall submit the same with such certificate to the
Board of Selectmen. Upon
receipt of the certificate, the Board of Selectmen shall forthwith
give written notice of such petition and certificate by certified mail
to the officer whose recall is sought.
If said officer does not resign his office within five (5) days
after delivery of such notice, the Board of Selectmen shall order an
election to be held on a date fixed by them not more than ninety (90)
days after the date of the Town Clerk’s certificate that a
sufficient petition has been filed; provided, however, that if any
other town election is to occur within one hundred (100) days after
the date of the certificate, the Selectman shall postpone the holding
of the recall election to the date of such other election. If said
officer resigns after a recall election has been ordered, the election
shall nevertheless proceed as provided in this section.
4. Nomination of Candidates – An officer whose
recall is sought may be a candidate to succeed to the office in the
event the vote on the recall is in the affirmative.
The nomination of other candidates, the publication of the
warrant for the recall election, and conduct of the recall election
shall be in accordance with the provisions of law relating to
elections, unless otherwise provided in this section. 5. Office Holder – The incumbent shall continue to perform the duties of the office during the recall procedure. If the incumbent is not removed, the incumbent shall continue in the office for the remainder of the unexpired term subject to recall as before. If recalled at the recall election, the incumbent shall be deemed removed upon the qualification of the successor, who shall hold office during the unexpired term. If the successor fails to qualify within five (5) days after receiving notification of election, the incumbent shall thereupon be deemed removed and the office vacant. 6. Ballot Proposition – Ballots used in a recall election shall contain the following propositions in the order indicated: Shall the Town of
Hopkinton recall (name of officer)
Yes No Below the
propositions shall appear the word “Candidates,” the directions to
the voters required by M.G.L.A A.54, §
42, and below the directions the names of candidates nominated in
accordance with the provisions of law relating to elections.
If a majority of the votes cast on the question of recall is in
the affirmative, the candidate receiving the highest number of votes
shall be declared elected. If
a majority of the votes on the recall question is in the negative, the
ballots for the candidates need not be counted.
7. Office Holder Recalled – No person who has been
recalled from an office or who has resigned from an office while
recall proceedings were pending against him, shall be appointed to any
Town office within two (2) years after the date of such recall vote 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 term of office of as nearly equal
number of members as is possible shall expire each year.
(b) Powers and Duties – The executive powers of the Town shall be vested
in the Board of Selectmen which shall be deemed to be the chief
executive office of the Town. The Board of Selectmen shall have all of
the executive powers it is possible for a Board of Selectmen to have
and to exercise, except those powers and duties assigned by this
Charter, by bylaw or by other Town Meeting vote to the Town Manager.
The Board of Selectmen: 1.
Shall serve as the chief policy
making agency of the Town. 2.
Shall be responsible for the
formulation and promulgation of policy to be followed by all Town
Agencies serving under it. 3.
Shall, in conjunction with other
elected Town officers and multiple member bodies, develop and
promulgate policy guidelines designed to bring all Town Agencies into
harmony. Nothing in this section shall be construed to authorize
any member of the Board of Selectmen, nor a majority of such members,
to become involved in the day-to-day administration of any Town
Agency.
(c) Licensing Authority Other Than Alcoholic Beverages – Other than licenses for the
sale or distribution of alcoholic beverages, the Board of
Selectmen shall be the license board of the Town and shall have the
power to issue licenses, to make reasonable rules and regulations
regarding the issuance of such licenses and to attach such conditions
and restrictions thereto as it deems to be in the public interest
provided such rules, regulations, conditions and restrictions are not
incompatible with applicable law. The Board of Selectmen shall enforce
the laws relating to all businesses for which it issues licenses. The
Board of Selectmen may delegate such licensing authority unless
specifically prohibited by the general law.
(d) Appointing Authority - The Board of Selectmen shall appoint the Town
Manager, Town Counsel, Police Chief, Fire Chief and members of
multiple member bodies for whom no other method of selection is
provided by the general laws, by the Charter or by bylaw, except
officials appointed by state officers. The
Police Chief shall be appointed and removed subject to the “strong
chiefs” law. The Fire Chief shall be appointed and removed subject
to the “strong chiefs” law.
(e) Investigations - The Board of Selectmen may conduct investigations
and may authorize the Town Manager to investigate the affairs of the
Town and the conduct of any Town Agency including any doubtful claims
against the Town. 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 term of
office 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 M.G.L.A. and have such additional
powers and duties as may be authorized by this charter, by bylaw, or
by other Town Meeting vote. The powers of the School Committee shall
include, but are not intended to be limited to the following: 2.
To make all reasonable policies consistent with M.G.L.A. or Department
of Education regulations for the administration and
management of the public school system and for the conduct of its own
business and affairs.
3. To
adopt a budget. Section 3-4: Town 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, as provided in Section 2-2, regulate its proceedings
and perform such other duties as may be provided by general law, by
Charter, by bylaw or by other Town Meeting vote.
(c) Appointments – The Town Moderator shall, as part of an appointing
committee composed of the Moderator, Board of Selectmen and Town
Clerk, appoint members of the Appropriations Committee, and shall make
any other appointments provided for by this Charter, by bylaw or by
general laws.
(d) Deputy Moderator-
At the first session of the Annual Town Meeting, the Moderator shall
appoint a voter to serve as Deputy Moderator in the event of the
temporary absence or disability of the Moderator and/or to assist the
Moderator for meetings held in
multiple locations. The Deputy Moderator may also temporarily serve in
the case where the Moderator is placed in conflict or the appearance
of conflict arises with regard to the substance of a particular
article or matter under consideration. The appointment of a Deputy
Moderator shall be subject to ratification by the Town Meeting. In the absence of the Moderator and the duly ratified
Deputy Moderator at any session of Town Meeting, the Town Clerk shall
open the meeting and preside over the election of an Acting Moderator.
In the absence of the Moderator and the Town Clerk, the presiding
officer of the first session of the Town Meeting shall be determined in
accordance with the general laws. Section 3-5: Hopkinton Housing Authority
(a) Composition, Term of Office - There shall be a Hopkinton
Housing Authority, which shall consist of five (5)members each serving
for a term of five (5) years, such terms being arranged in order that
the term of one (1) member shall expire each year. The voters shall
elect four (4) of these members and the fifth member shall be
appointed as provided in the general laws. (b) Powers
and Duties
- The Hopkinton Housing Authority shall conduct 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 Hopkinton Housing Authority shall have such other powers
and duties as are assigned to housing authorities by general law. Section 3-6: Planning Board (a)
Composition, Term of Office
- There shall be a Planning Board consisting of nine (9) members each
elected for a term of five (5) years, such terms being so arranged in
order that the term of office of as nearly an equal number of members
as possible shall expire each year. (b) Powers
and Duties
- The Planning Board shall have those powers and duties given to
Planning Boards under the constitution and general laws, and shall
also have such additional powers and duties as may be authorized by
the Charter, by bylaw or by other Town Meeting vote. (c) Appointments – The appointment of Town Planner shall be made by the Planning Board. Section 3-7: Town Clerk (a) Term of
Office -
There shall be a Town Clerk elected for a term of three (3) years. (b) Powers
and Duties
- The Town Clerk shall be the keeper of vital statistics for the Town,
the custodian of the Town seal and all records of the Town; shall
administer the oath of office to all Town officers, elected or
appointed; shall issue such licenses and permits as are required by
general law to be issued by such clerks; shall supervise and manage
the conduct of all elections and matters relating thereto and shall be
the clerk of the open Town Meeting, keep its records and, in the
absence of the Town Moderator and Deputy Town Moderator, serve as
temporary presiding officer. The Town Clerk shall have all the other
powers and duties which are given to Town Clerks by general laws, and
such additional powers and duties as may be provided by Charter, by
bylaw or by other Town Meeting vote. (c) Vacancy - If a vacancy occurs in the office of Town Clerk, the Assistant Town Clerk, shall serve as Town Clerk until a new Town Clerk is elected and sworn into office. Should the Assistant Town Clerk be unable to serve as Town Clerk, the Board of Selectmen shall appoint an acting Town Clerk to fill the term until the next annual election, at which the voters will fill the vacancy for the remainder of the original term. Section 3-8: Board of Assessors (a)
Composition, Term of Office
- There shall be a Board of Assessors consisting of three (3) members
elected for a term of three (3) years each, so arranged that the term
of office of as nearly an equal number of members as possible shall
expire each year. (b) Powers
and Duties
- The Board of Assessors shall perform the functions and duties
required by the general laws for Boards of Assessors except the duties
which are performed by the Principal Assessor as established by this
Charter in Section 5-4. Section 3-9: Board of Health
(a) Composition,
Term of Office
– There shall be a Board of Health consisting of three
members elected for a term of three (3) years each, such terms being
so arranged in order that the terms of office of nearly an equal
number of members as possible shall expire each year.
(b) Powers
and Duties
– The Board of Health shall make reasonable health
regulations and shall enforce the laws relating to public health, the
provisions of the state code relating to public health, and all local
health regulations. The board shall have all of the other powers and
duties, which have been given to Boards of Health by general laws, by
this charter, by bylaw or by other Town Meeting vote.
(c) Appointments – The appointment of the
Health Agent, Health Inspector or any other department employee shall
be made by the Board of Health. Section 3-10: Parks and Recreation Commission (a)
Composition, Term of Office
– There shall be a Parks and Recreation Commission consisting of
five (5) members each elected for a term of three (3) years, such
terms being so arranged in order that the term of office of as nearly
an equal number of members as possible shall expire each year. (b) Powers
and Duties
– The Parks and Recreation Commission shall have the powers and
duties which have been given to the Parks and Recreation Commission by
general law, this Charter, by bylaw or by other Town Meeting, vote. (c)
Appointments
– The appointment of the Parks and Recreation Director shall be made
by the Parks and Recreation Commission. Section 3-11: Other Elected Officers Powers and Duties - All other
elected officers shall have the powers and duties that have been
conferred upon their offices by general law, by this charter, by bylaw
or by other Town Meeting vote. ARTICLE 4: Town
Manager Section 4-1: Appointment, Qualifications and Review
Procedure
(a) The Board of Selectmen, by an affirmative vote of
the majority of the full Board, shall appoint a Town Manager for a
three-year (3) term, and fix the compensation of the Town Manager
within the amount annually appropriated for this purpose. The office
of the Town Manager shall not be subject to the Town’s Salary
Administration Plan. The Town Manager shall be appointed solely on the
basis of his executive and administrative qualifications. He
shall be a professionally qualified person of proven ability,
especially fitted by education, training and previous experience to
perform the duties of this office. He shall not have served as a
member of the Board of Selectmen for at least five (5) years prior to
his appointment. The town may from time to time, by bylaw, establish
such additional qualifications for the Town Manager as deemed
necessary and/or appropriate.
(b) The position of Town Manager shall be a full-time position and the Town
Manager shall devote his best efforts to the office and shall not hold
any other public office, elective or appointive, nor engage in any
business or occupation during his term, unless said action is fully
disclosed and approval is granted by the Board of Selectmen in
advance, in writing. (c)
The Board of Selectmen shall provide for an annual review of the job
performance of the Town Manager, which shall, at least in summary
form, be a public record in
accordance with the personnel bylaw or accepted evaluation process. Section 4-2: Powers and Duties The Town Manager shall be the chief administrator of
the Town and shall be responsible to the Board of Selectmen for the
proper administration of all Town affairs placed in his charge by this
Charter. The powers and
duties of the Town Manager shall include but are not intended to be
limited to the following:
(a) To supervise and be responsible for the efficient and
coordinated administration
of all Town functions under his control,
as may be authorized by the Charter, by bylaw, by other Town Meeting
vote or by the Board of Selectmen, including all officers appointed
by him and their respective departments. (b)
To coordinate the activities of all Town Agencies serving under the
Town Manager and/or 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 Manager shall have the
authority to require the persons so elected, or their representatives,
to meet with the Town Manager at reasonable times for the purpose of
effecting coordination and cooperation among all agencies of the Town. (c) To appoint and remove department heads, officers and subo | ||||||||||||||
