Part I INCORPORATION; SHORT TITLE; POWERS
Part II LEGISLATIVE BRANCH/OPEN TOWN MEETING
Part III ELECTED TOWN OFFICERS
Part V ADMINISTRATIVE ORGANIZATION
Part VIII TRANSITIONAL PROVISIONS
We, the people of Wakefield, in order to re-establish our individual sovereignty with respect to the conduct of our local government and to take the fullest advantages inherent in the Home Rule Amendment to the Constitution of the Commonwealth do hereby adopt the following Home Rule Charter for the Town of Wakefield.
Part I INCORPORATION; SHORT TITLE; POWERS
The inhabitants of the Town of Wakefield, Massachusetts, within its territorial limits as now or may hereafter be established by law, shall continue to be a body politic and corporate, known as the "Town of Wakefield."
This instrument may be cited and shall be known as the Wakefield Home Rule Charter.
All legislative powers of the Town shall be exercised by an open Town Meeting. The administration of all Town fiscal prudential and municipal affairs shall be vested in the executive branch headed by a Board of Selectmen and a Town Administrator.
The intent and purpose of this charter is to secure for the voters of the Town of Wakefield through the adoption of this charter, all the powers possible to secure for their government under the Constitution and laws of the Commonwealth, as fully and as completely as though each such power were specifically and individually enumerated herein.
The powers of the Town under the charter shall be construed and interpreted liberally in favor of the Town, and the specific mention of any particular power is not intended to limit in any way the general powers of the Town as stated in Section 1-4.
The Town may enter into agreements with any other unit ofgovemment to perform jointly or in cooperation, by contract or otherwise, any of its powers or functions.
Part II LEGISLATIVE BRANCH/OPEN TOWN MEETING
The legislative powers of the Town shall continue to be exercised by a Town Meeting open to all voters.
All sessions of the Town Meeting shall be presided over by a Town Moderator, elected as provided in Section 3-3. The Town Moderator shall regulate the proceedings, decide all questions of order, and make public declarations of all votes. The Town Moderator shall perform such other functions as may be authorized by the laws of the Commonwealth, by this charter, by by-law or by other vote of Town Meeting.
The Town Clerk, or the designee of the Town Clerk, shall serve as the Clerk of the Town Meeting. The Clerk shall give notice of all Town Meetings and adjourned sessions thereof, record their proceedings, and perform such additional duties as may be provided by law of the Commonwealth, by this charter, by by-law or by other vote of Town Meeting.
The Town Meeting shall be vested with all the legislative powers of the Town, except as otherwise provided by the laws of the Commonwealth or this charter. The Town Meeting shall provide for the exercise of all powers of the Town and for performance of all duties and obligations imposed upon the Town.
The Town Meeting may adopt or enact by-laws, rules, regulations, and other orders as presented by the Board of Selectmen, including adoption of the annual Town budget, not inconsistent with this charter, governing its own proceedings, Town functions, and all matters bearing on the exercise of its powers and duties.
(a) In General
Subject to the provisions of this charter and 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 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 fifteen (15) member Finance Committee, which members shall be appointed to three (3) year terms by a Finance Committee Selection Committee consisting of the Moderator, the Chairman of the Board of Selectmen, and the outgoing Chairman of the Finance Committee, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year. The subject matter of all proposals regarding Town budgets, appropriations of money, transfers of money, expenditures of money, borrowing of money, or revenues, to be submitted to a Town Meeting by warrant article or articles, 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 its recommendations on every such article contained in a Town Meeting warrant, in writing, together with a brief 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 on the subject matter of all such articles contained in the warrant. Any other conditions of appointment or service as may be deemed necessary or desirable shall be established by this charter or by by-law.
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. Except as otherwise set forth by this charter, the publication of the warrant for every Town Meeting shall be in accordance with a Town by-law governing such matters.
(a) Initiation
Except procedural matters, all subjects to be acted upon by Town Meeting shall be placed on warrants issued by the Board of Selectmen. The Board of Selectmen shall receive all petitions which are addressed to it and which request the submission of a particular subject matter to the Town Meeting and which are filed by:
(1) any elected Town officer including a member of a multiple member body;
(2) any appointed multiple member body acting by a majority of its members;
(3) any ten (10) voters for a regular Town Meeting and by one hundred (100) voters for a special Town Meeting; and,
(4) any other person, persons or Town agency as may be authorized by by-law.
All such requests for the inclusion of subjects shall be in writing, but they shall not be required to conform to any particular style or form, except that each request for a particular subject shall be submitted as a separate petition.
(b) Referral
Within five (5) days of receipt of any proposed warrant article the Board of Selectmen shall cause a copy of the proposal to be mailed to the residence of 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 by-law.
The Selectmen shall also cause a copy of any proposed warrant article to be sent to the Town Administrator, who shall, within five (5) days thereafter, determine and assign the warrant article to the appropriate Town officer, board or department, who shall be responsible for submitting a recommendation to Town Meeting.
(c) Inclusion on Warrant
The Board of Selectmen shall include on 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 by-law for the Town Meeting to convene. Whenever a special Town Meeting is to be called, the Board of Selectmen shall give notice by publication in a local newspaper of such intention and 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. Publication and distribution of the warrant shall be as determined by by-law.
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 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, department head 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, notwithstarading, have a right to address the meeting for the purpose of compliance with this section.
(a) Time of Meeting
The Town Meeting shall meet at least twice each calendar year. The annual town meeting shall be held on the first Monday in April or on such date as may from time to time be fixed in the by-laws of the Town, shall be deemed to be the Annual Town Meeting of the Town and is expected to be primarily concerned with the determination of matters involving the expenditure and commitment of Town funds, including, but not limited to, the adoption of an annual operating budget for all Town agencies, and for the purpose of electing officers and for the determination of all other matters to be decided by ballot of the voters.
A regular Town Meeting shall be held on the first Monday in October, or on such date as may from time to time be fixed in the by-laws of the Town, shall be deemed to be the Annual Financial Meeting of the Town and is expected to be primarily concerned with hearing an annual financial report of each Town office, multiple member body, or department. Each Town office, multiple member body and department shall prepare and present a financial report describing its significant budget expenditures for the prior year. Such financial report shall also be included in the Annual Budget, as set forth in Section 2-9.
(b) Special Town Meeting
Special Town Meetings shall be held at the call of the Board of Selectmen at such times as it may deem appropriate and whenever a special meeting is requested by the voters in accordance with procedures made available by the laws of the Commonwealth.
(c) Meetings of Town Boards, Committees, and Commissions
No multiple member body of the Town shall schedule a meeting to be held during the time the Town Meeting is in session for the transaction of business.
(d) Presentation and Recommendation of Warrant Articles
Presentation of, and recommendation on, Warrant Articles at Town Meeting shall be performed in the following order:
(1)Presentation by the sponsor of the article;
(2)Recommendation (and discussion if any) of the appropriate Town officer, multiple member body, or department affected by the article, as assigned by the Town Administrator;
(3)Recommendation of the Finance Committee, with the exception of articles that do not relate to Town budgets, appropriations of money, transfers of money, expenditures of money, borrowing of money, or revenues.
All warrant articles shall be assigned and referred by the Town Administrator to the appropriate Town officer, multiple member body, or department, provided that such office, body or department is permanent and has been established by the provisions of this Charter, by-bylaw or by the laws of the Commonwealth. The appropriate Town officer, multiple member body, or department shall hear the article and report its recommendation to the Town Meeting, a copy of which recommendation shall have been forwarded in writing to the Town Administrator at least twenty-one (21) days prior to the Annual Town Meeting or the Annual Financial Meeting, and at least ten (l0) days prior to a Special Town Meeting, or within such time as may be otherwise prescribed by by bylaw.
Additionally, all such articles containing an appropriation of monies shall also be referred to the Finance Committee. The Finance Committee shall also hear the article and present its recommendation to the Town Meeting, a copy of which shall have been forwarded in writing to the Town Administrator at least ten (10) days prior to Town Meeting.
The Town Administrator shall cause the recommendations submitted by the various town boards and departments on all warrant articles to compiled (sic) and printed at least five (5) days prior to Town Meeting. A copy of the recommendations shall be made available to the public.
(e) Secret Ballots
If a motion is made and seconded to conduct a secret ballot on any main motion under an article, and such motion for a secret ballot is supported by ten percent (10%) of those voting, then the vote on such main motion shall be taken by secret ballot. The vote on the motion for a secret ballot shall be conducted by secret ballot.
(f) Participation in Debate
The Moderator shall first recognize the proponent of the main motion under each article in the warrant unless the maker of any other motion offers a procedural motion for the previous question. The Moderator shall recognize any non-voter or minor, provided the Town Meeting so authorizes and unless otherwise provided by this Charter.
(g) Parliamentary Procedure
The Town Meeting shall be conducted pursuant to Roberts Rules of Order, and such other rules as may be provided by this charter, by by-law, or by other vote of Town Meeting.
(1) Reconsideration
A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed, and may only be made at an adjourned session of such meeting. Such motion to reconsider shall be made at an adjourned session provided the mover has given notice of his intention to make such motion by written notice to the Town Clerk within twenty-four (24) hours after the adjournment of the session of the meeting at which the vote was passed. There shall be no reconsideration of a vote during the session of the meeting at which the vote was passed.
(a) Effective Date of Final Votes
No final affirmative vote of a Town Meeting on any warrant article, except a vote to adjourn or dissolve, or votes appropriating money for the payment of notes or bonds of the Town and interest thereon becoming due within the then-current fiscal year, or votes for the temporary borrowing of money in anticipation of revenue, shall be operative until after the expiration of ten (10) Town business days from the dissolution of the Town Meeting. If a referendum petition is not filed within the said ten (10) days, the vote of the Town Meeting shall become operative.
(b) Non-Final Votes
Any article disposed of by a vote to lay on the table or to postpone indefinitely, or by other dilatory vote, shall be deemed to have been rejected in the form in which it was presented or amended.
(c) Referendum Petition
If, within said ten (10) Town business days, a petition signed by not less than two hundred (200) voters and containing their names and addresses, is filed with the Board of Selectmen requesting that any question, not yet operative as defined in (a) above, be submitted to the voters, then the operation of such vote shall be further suspended pending its determination as provided below. The Board of Selectmen shall, within ten (10) days after the filing of such petition, call a special election that shall be held within thirty-five (35) days after issuing the call, for the purpose of presenting to the voters any such question. If, however, a regular or special election is to be held not more than sixty (60) days following the date the petition is filed, the Board of Selectmen may provide that any such question be presented to the voters at the same election.
(d) Referendum Election
All votes upon the question so submitted shall be taken by ballot, and the conduct of such election shall be in accordance with the provisions of the law relating to elections, unless otherwise provided in this section Any question so submitted shall be determined by a majority vote of the voters voting thereon.
(e) Format of Questions
Any question so submitted shall be stated on the ballot in substantially the same language and form in which it was stated when presented by the Moderator to the Town Meeting, as appears in the records of the clerk of the meeting.
(f) Budget Questions
If as a result of a referendum election held on a budget question for a Town department or departments, the budget for a department or departments has not been established as of the beginning of the fiscal year next following the Town Meeting at which the budget question was voted upon, such department or departments' interim budget shall be set on a monthly basis at one-twelve (1/12) the previous year's budget until a new budget has been approved. The approved budget shall be adjusted by the sum of the monthly interim appropriations.
Part III ELECTED TOWN OFFICERS
(a) Elective Offices
The offices to be filled by the voters shall be the Board of Selectmen, School Committee, Town Moderator, the Board of Assessors, Town Clerk, Treasurer, Tax Collector, Planning Board, Board of Health, Housing Authority, Board of Library Trustees, Municipal Gas and Light Commissioners and three (3) Constables. Such other regional authorities, districts, or committees as may be established by law or interlocal agreement may also be filled by the voters.
(b) Eligibility
Any voter shall be eligible to hold any elective Town office, but no person shall simultaneously hold more than one elective Town office.
(c) Election
The regular elections for Town officers shall be held annually on the fourth Tuesday in April or on such date as may from time to time be fixed in the by-laws of the Town.
(d) Compensation Elected Town officers shall receive such compensation for their services as may be appropriated, annually, for such purpose.
(e) Vacancies in Ofiice
Unless otherwise provided by this charter, any vacancy in any elective office shall be filled in the manner provided by Massachusetts General Laws, Chapter 41.
(a) Composition, Term of Office
There shall be a Board of Selectmen composed of seven (7) members elected, at large, 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 - In General
The executive authority of the Town shall be vested in the Board of Selectmen which shall be deemed to be the chief executive office in the Town. The Board of Selectmen shall be the chief policy making agency of the Town and shall have all the powers and duties given to Board of Selectmen as may be authorized by the laws of the Commonwealth, by this charter, by by-law or by other vote of Town Meeting, except those powers granted to the Town Administrator under this charter. The Board of Selectmen shall act by the issuance of policy guidelines and directives. It is the intention of this provision that the Board of Selectmen shall act only through the adoption of policy directives and guidelines which are to be implemented by the officers and employees appointed by or under its authority. The Town Administrator shall be the primary officer responsible for the implementation of policy directives and guidelines adopted by the Board of Selectmen. The daily administration of the affairs of the Town shall be the exclusive responsibility of the Town Administrator.
(c) Appointment Powers
The Board of Selectmen shall appoint a Town Administrator, Town Counsel, Advisory Board of Public Works, Zoning Board of Appeals, Conservation Commission, Council on Aging, Recreation Commission, Board of Registrars of Voters, all Poll Workers, Town Meeting workers, and Wardens (but not including the Town Clerk). The Board of Selectmen shall also appoint such other multiple member bodies as may be provided by by-law, by the laws of the Commonwealth or by this Charter.
(d) Approval Powers
The following positions shall be filled by appointment by the Town Administrator as provided in this charter, subject to the approval of the Board of Selectmen: Police Chief, Fire Chief, civil service positions within the police department, civil service positions within the fire department, Building Inspector, Plumbing Inspector, Wire Inspector, Parking Clerk, Director of the Council on Aging, Director of the Department of Public Works, Recreation Director, and staff of the Board of Selectmen. The Board of Selectmen shall also have approval powers over the appointment of such other positions as may be provided by by-law.
(e) Licensing Authority
The Board of Selectmen shall be the licensing authority of the Town and shall have all the power to issue licenses as otherwise authorized by law, to make all necessary rules and regulations regarding the issuance of such licenses, to attach conditions and restrictions on any such license it may issue as it deems to be in the public interest, and to enforce all laws relating to all such businesses for which it issues any licenses.
(f) Investigative Powers
The Board of Selectmen may investigate or may authorize the Town Administrator to investigate the affairs of the Town and the conduct of any Town agency, and to take any appropriate action. A report of the results of such investigation shall be placed on file in the office of the Board of Selectmen and shall be published in the Annual Report.
(a) Term of Office
A Town Moderator shall be elected by the voters for a term of one (1) year.
(b) Powers and Duties
The Town Moderator shall be the presiding officer of all Town Meetings, regulate their proceedings, decide all questions of order, make public declaration of all votes, and shall have such additional powers and duties as may be provided for that office by law of the Commonwealth, by this charter, by by-law, or by other vote of Town Meeting. No person may address a Town Meeting without leave of the Moderator. The Moderator shall be a member of the Finance Committee Selection Committee, responsible for the appointment of the members of the Finance Committee, as provided by this charter.
(a) Term of Office
A Town Clerk shall be elected by the voters for a term of three (3) years.
(b) Powers and Duties
The Town Clerk shall be the keeper of vital statistics of the Town, the custodian of the Town seal and of all records ofthe Town, shall administer the oath of office to all Town officers, shall issue licenses and permits as may be provided by law, and shall be responsible for the conduct of elections and all matters relating thereto. The Town Clerk shall have the powers and duties provided that office by the laws of the Commonwealth, by this charter, by by-law, or by other vote of Town Meeting.
(c) Clerk of Town Meeting The Town Clerk shall serve as the Clerk of all special and standing Town Meetings, as provided by this charter, by by-law, or by other vote of Town Meeting.
(d) Staff
The staff of the Town Clerk shall be appointed by the Town Administrator, upon recommendation of the Town Clerk.
(a) Composition, Term of Office
There shall be a Board of Assessors composed of three (3) members elected to terms of three (3) years each, so arranged that the term of one (1) member expires each year.
(b) Powers and Duties
The Board of Assessors shall have the powers and duties set forth for such Boards by the laws of the Commonwealth, by this charter, by by-law, or by other vote of Town Meeting.
(c) Staff
The Board of Assessors shall appoint a Director of Assessments. The staff of the Board of Assessors shall be appointed by the Town Administrator, upon recommendation of the Director of Assessments.
(a) Term of Office
A Tax Collector shall be elected by the voters for a term of three (3) years.
(b) Powers and Duties
The Collector shall have the powers and duties set forth for that office by the laws of the Commonwealth, by this charter, by by-law, or by other vote of Town Meeting.
(c) Staff
The Collector's staff shall be appointed by the Town Administrator, upon the recommendation of the Collector.
(a) Term of Office
A Treasurer shall be elected by the voters for a term of three years.
(b) Powers and Duties
The Treasurer shall have the powers and duties set forth for that office by the laws of the Commonwealth, by this charter, by by-law, or by other vote of Town Meeting.
(c) Staff
The Treasurer's staff shall be appointed by the Town Administrator, upon the recommendation of the Treasurer.
(a) Composition, Term of Office
There shall be a School Committee composed of seven (7) 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 expire each year.
(b) Powers and Duties
The School Committee shall have all the powers and duties school committees may have under the Constitution and laws of the Commonwealth, and it shall have such additional powers and duties as may be authorized by this charter, by by-law, or by other vote of Town Meeting. The powers of the School Committee shall include, but need not be limited to:
(1) the power to appoint and terminate a superintendent of schools, and all other officers and employees associated with the schools except as otherwise provided by the laws of the Commonwealth, fix their compensation, define their duties, and discharge them; and,
(2) the power to make all reasonable rules and regulations, consistent with law, for the administration and management of the public schools of the Town.
(a) Composition, Term of Office
There shall be a Board of Health composed of three (3) members, elected for terms of three (3) years each, so arranged that the term of one (1) member expires each year.
(b) Powers and Duties
The Board of Health shall be responsible for the formulation and enforcement of rules and regulations affecting the public health. It shall have all the powers and duties given to boards of health by the laws of the Commonwealth, by this charter, by by-law, or by other vote of Town Meeting.
(c) Staff
The Board of Health shall appoint a Health Agent. The staff of the Board of Health shall be appointed by the Town Administrator, upon recommendation of the Health Agent.
(a) Composition, Term of Office
There shall be a Planning Board composed of five (5) members elected for terms of five (5) years each, so arranged that the terms of as nearly an equal number of members as is possible expire each year.
(b) Powers and Duties
The Planning Board shall make careful studies of the resources, possibilities and needs of the Town, and shall make plans for the development of the Town. The Board shall have the power to make a comprehensive or master plan, setting forth in graphic and textual form policies to govern the future growth and development of the Town. The Board shall have the power to regulate the subdivision of land within the Town by the enactment of rules and regulations. Tbe Planning Board shall make recommendations to the Town Meeting on all proposed warrant articles which affect land use and development, including, but not limited to, proposals to amend the zoning by-law and zoning map. The Planning Board shall have all the powers and duties given to planning boards by the laws of the Commonwealth, by this charter, by by-law, or by other vote of Town Meeting.
(c) Staff
If such positions are budgeted by Town Meeting, the Town Planner and the staff of the Planning Board shall be appointed by the Town Administrator.
(a) Composition, Term of Office
There shall be a Housing Authority composed of five (5) members serving terms of five (5) years each, so arranged that the term of one (1) member expires each year. Four (4) members shall be elected by the voters and the fifth member shall be appointed pursuant to the laws of the Commonwealth.
(b) Powers end Duties
The Housing Authority shall make studies of the housing needs of the Town and shall provide programs for housing. The Housing Authority shall have all the powers and duties given to housing authorities under the laws of the Commonwealth, by by-law, or by other vote of Town Meeting.
(a) Composition, Term of Office
There shall be a Board of Library Trustees composed of nine (9) members elected for terms of three (3) years, so arranged that the terms of three (3) of the members expire each year.
(b) Powers and Duties
The Board of Library Trustees shall have control over the selection of library materials, and have custody and management of such. All money and property that the Town may receive for library purposes by gift or bequest shall be administered by the Board in accordance with the provisions of the gift or bequest. The Board shall continue to exercise all the powers and duties vested in the Board of Library Trustees by the laws of the Commonwealth, by this charter, by by-law, or by other vote of Town Meeting.
(c) Staff
The Board shall appoint a Library Director. The Town Administrator shall appoint the clerical staff of the libraries upon the recommendation of the Library Director. The Library Director shall appoint all other staff of the libraries.
(a) Composition, Term of Office
There shall be a Municipal Gas and Light Commission composed of five (5) members elected for terms of three (3) years, so arranged that the terms of as nearly an equal number of members as is possible expire each year.
(b) Powers and Duties
The Municipal Gas and Light Commission shall have charge of all of the real estate, facilities, personnel and equipment of the Town pertaining to the production and transmission of electrical and gas power, both within the Town and elsewhere.
The Municipal Gas and Light Commission shall have all of the powers and duties given to cities and towns in respect to municipal lighting and gas plants under M.G.L. Chapter 164, s. 34 et seq. and other general and special acts pertaining thereto.
The Board of Selectmen shall appoint by a majority vote of the full board a Town Administrator for a term of not more than more three (3) years. The Town Administrator shall be a person of proven administrative ability, especially qualified by education and training with at least five (5) years full time paid experience as a city or town administrator, an assistant city or town administrator, or the equivalent public or private sector level experience, and has performed the functions anticipated under this charter. The Board of Selectmen may from time to time establish such additional qualifications as seems necessary and appropriate. The Board of Selectmen shall appoint a screening committee to assist in the recruitment and selection of the Town Administrator.
The Town Administrator shall devote full time to the duties of the office and shall not hold any other elective or appointive office, nor shall the Town Administrator engage in any other business unless such action is approved in advance in writing by the Board of Selectmen.
(a) In General
Except as otherwise provided by this charter, by by-law, or by other vote of Town Meeting, the Town Administrator shall appoint, based upon merit and fitness alone, all department heads, officers, subordinates, employees and all members of appointed multiple member bodies for whom no other method of selection is provided in this charter, except employees of the school department.
(b) Specific Town Administrator Appointments
Without restricting the Town Administrator's general appointment powers provided by this charter, the Town Administrator shall appoint the following Town positions: Town Accountant, Town Accountant's staff (upon recommendation of the Town Accountant), Town Clerk's staff (upon recommendation of the Town Clerk), Board of Assessor's staff (upon recommendation of the Director of Assessments), Treasurer's staff (upon recommendation of the Treasurer), Tax Collector's staff (upon recommendation of the Tax Collector), Board of Health staff (upon recommendation of the Health Agent), Building Inspector's clerical staff (upon recommendation of the Building Inspector), all police department non-civil service positions (upon recommendation of the Police Chief), all fire department non-civil service positions (upon recommendation of the Fire Chief), Recreation Department staff (upon recommendation of the Recreation Director), Council on Aging's staff (upon recommendation of the Director of the Council on Aging), Library staff (upon recommendation of the Library Director). and the Department of Public Works staff (upon recommendation of the Director of Public Works).
(c) Appointments Subject To Approval Of The Board Of Selectmen
Without restricting the Town Administrator's general appointment powers provided by this charter, the Town Administrator shall appoint, subject to approval of the Board of Selectmen, the following Town positions: Police Chief, Fire Chief, all police department civil service positions (upon recommendation of the Police Chief), all fire department civil service positions (upon recommendation of the Fire Chief), Building Inspectors, Plumbing Inspectors, Wiring Inspectors, Parking Clerk, Director of the Council on Aging, Director of the Department of Public Works, Recreation Director, and staff of the Board of Selectmen.
Except as otherwise provided by this charter, appointments made by the Town Administrator shall become effective upon the approval of the Board of Selectmen, provided, however, that such approval is received within fifteen (15) days of filing such notice of appointment. If the Board of Selectmen shall fail to act within fifteen (15) days of such filing, such appointments made by the Town Administrator shall be deemed approved. For the purpose of this section, notice of appointment shall be considered filed with the Board of Selectmen when such notice is filed with the office of the Board of Selectmen, with a copy sent to the Chairman of the Board of Selectmen.
(d) Town Administrator Approval of Appointments
Except as otherwise provided by this charter, department heads shall appoint all officers, subordinates and employees within their department subject to the approval of the Town Administrator.
The Town Administrator shall be the chief administrative officer of the Town and shall be responsible to the Board of Selectmen for the proper operation of Town affairs for which the Town Administrator is given responsibility under this charter. The powers, duties and responsibilities 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 officers appointed by the Town Administrator and their respective departments and of all functions for which the Town Administrator is given responsibility, authority or control by this charter, by by-law, by Town Meeting vote or by vote of the Board of Selectmen;
(b) to administer, either directly or though a person or persons supervised by the Town Administrator, in accordance with this charter, all provisions of the laws of the Commonwealth applicable to the Town, all by-laws, and all regulations established by the Board of Selectmen;
(c) to coordinate all activities of Town departments under the direction of the Town Administrator and the Board of Selectmen with the activities of departments under the control of officers, boards or commissions elected directly by the voters of the Town;
(d) to attend all regular and special meetings of the Board of Selectmen, unless excused;
(e) to attend all sessions of the Town Meeting and answer all questions addressed to the Town Administrator which are related to the warrant articles and matters under the general supervision of the Town Administrator;
(f) to keep the Board of Selectmen fully informed as to the needs of the Town and recommend to the Board of Selectmen for adoption such measures requiring action by them or by the Town as the Town Administrator deems necessary or expedient;
(g) to insure that complete and full records of the financial and administrative activity of the Town are maintained, and to render reports to the Board of Selectmen as may be required;
(h) to be responsible for the rental use, maintenance, and repair of all Town facilities, (excluding the libraries and the facilities of the Municipal Gas and Light Department) including those formerly under the jurisdiction of the School Committee or School Department; with the exception of school janitorial duties which shall be a function of the School Department;
(i) to be responsible for the purchase of all supplies, materials and equipment, except books and other educational materials for schools and books and other media materials for libraries, and approve the award of all contracts for all Town departments with the exception of the School Department;
(j) to develop and maintain a full and complete inventory of all Town-owned real and personal property;
(k) to administer, in cooperation with the Personnel Board, if any, personnel policies, practices or rules and regulations, any compensation plan, and any related matters for all municipal employees, and to administer all collective bargaining agreements, except for School Department agreements, entered into by the Town;
(l) to fix the compensation of all Town employees and officers appointed by the Town Administrator within the limits established by appropriation and any applicable compensation plan;
(m) to be responsible for the negotiation of all contracts with Town employees over wages and other terms and conditions of employment, except employees of the School Department. The Town Administrator may, subject to the approval of the Board of Selectmen, employ special counsel to assist in the performance of these duties. Contracts shall be subject to the approval of the Board of Selectmen;
(n) to prepare and submit an annual operating budget and capital improvement program as provided in Part VI;
(o) to keep the Board of Selectmen and the Finance Committee fully informed as to the financial condition of the Town and to make recommendations to the Board of Selectmen and other elected and appointed officials as the Town Administrator deems necessary or expedient;
(p) to investigate or inquire into the affairs of any Town department or office under the supervision of the Town Administrator or the job-related conduct of any officer or employee thereof;
(q) to delegate, authorize, or direct any subordinate or employee of the Town to exercise any power, duty or responsibility which the office of Town Administrator is authorized to exercise, provided, that all acts that are performed under such delegation shall be deemed to be the acts of the Town Administrator; and,
(r) to perform such other duties as necessary or as may be assigned by this charter, by bylaw, by Town Meeting vote, or by vote of the Board of Selectmen.
The Town Administrator shall receive such compensation for services as the Board of Selectmen shall determine, but such compensation shall be within the limits of available appropriations.
Any vacancy in the office of Town Administrator shall be filled as soon as possible by the Board of Selectmen. Pending appointment of the Town Administrator or the filling of any vacancy, the Board of Selectmen shall forthwith appoint some other qualified person as an Acting Town Administrator to perform the duties of the Town Administrator. The appointment of the Acting Town Administrator shall be for a term not to exceed six (6) months, provided, however, a renewal not to exceed an additional three (3) months, may be provided.
The Town Administrator may designate, by letter filed with the Board of Selectmen and the Town Clerk a qualified officer of the Town to perform the duties of the Town Administrator during a temporary absence or disability. If such temporary absence or disability shall exceed fourteen (14) days, any designation made by the Town Administrator shall be subject to the approval of the Board of Selectmen. In the event of failure of the Town Administrator to make such designation, or if the person so designated is for any reason unable to serve or is deemed not qualified by the Board of Selectmen, the Board of Selectmen may designate some other qualified person to perform the duties of the Town Administrator until the Town Administrator shall return.
The Board of Selectmen, by affirmative vote of a majority of the full Board, may vote to terminate, remove or suspend the Town Administrator from office in accordance with the following procedure:
Prior to removal or termination the Board of Selectmen shall adopt a preliminary resolution of removal by the affirmative vote of a majority of the full Board. The preliminary resolution may suspend the Town Administrator for a period not to exceed thirty (30) days. A copy of the resolution shall be delivered to the Town Administrator forthwith.
If so requested by the Town Administrator, the Board of Selectmen shall provide a written statement setting forth the reasons for the removal or termination.
Within five (5) days after the 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. If such a hearing is requested, the hearing shall be held at a meeting of the Board of Selectmen not later than twenty (20) days from the date of request.
If a public hearing has not been requested by the Town Administrator, the Board of Selectmen may adopt a final resolution of removal which may be effective immediately, by affirmative vote of a majority of the full Board at any time after ten (10) days following the date of delivery of a copy of the preliminary resolution to the Town Administrator. If the Town Administrator requests a public hearing, the Board of Selectmen may, at the conclusion of the hearing, or within five (5) days of the conclusion of the hearing, adopt a final resolution of removal by an affirmative vote of a majority of the full Board. By an affirmative vote of a majority of the full board, the Board of Selectmen may suspend the Town Administrator pending and during any public hearing requested by the Town Administrator. The Town Administrator shall continue to receive a salary until the final date of removal shall become effective unless provided otherwise. The action of the Board of Selectmen in terminating, removing or suspending the Town Administrator shall be final.
The Town Administrator shall act as an Ombudsman to all citizens in their day to day contacts and dealings with the Town, its officials, multiple member bodies, and departments. The function of the Ombudsman shall include, but not be limited to, the following:
(a) to help direct the citizens to the proper officer, multiple member body, or department to deal with the citizen's problem;
(b) to help set up appointments for citizens to meet with directors, department heads and multiple member bodies; and,
(c) to help provide citizens with access to public information within the Town.
The office of the Town Ombudsman shall be clearly and conspicuously marked within the Town Hall.
Part V ADMINISTRATIVE ORGANIZATION
The Town Administrator subject to the approval of the Board of Selectmen, or the Town Meeting by by-law, may reorganize, create, consolidate or abolish, in whole or in part, committees, commissions, offices, departments and agencies under the supervision of the Town Administrator; may establish new committees, commissions, offices, departments and agencies as deemed necessary; and may for such purposes transfer the duties and powers, and, so far as is consistent with the use for which the funds were voted by the Town, transfer the appropriation of one committee, commission, office, department or agency to another.
(a) Powers and Duties
Until such time as otherwise provided in accordance with Section 5-1, there shall be established a Department of Public Works under the direction of a Director of Public Works. The Department shall assume all of the powers and duties and perform all of the functions related to public works, including, but not limited to, those functions which, prior to the adoption of this charter, were performed by the tree warden, highway department, recreation department, cemetery department, engineering department, water department, sewer department, and the refuse and collection and disposal function under the Board of Health, or now vested in or exercised by any of the following departments and offices, which are hereby renamed divisions and included within the Department of Public Works: Highway, Engineering, Recreation, Public Buildings, Cemeteries, Parks, and Tree Warden
(b) Operations
Operations under the Department of Public works may include, but need not be limited to, the following:
(1) refuse collection and disposal;
(2) storm sewers and drains;
(3) protection of natural resources;
(4) forestry services;
(5) streets, roads, and sidewalks;
(6) cemeteries;
(7) engineering services;
(8) water and sewer service;
(9) parks: and,
(10) maintenance of all other Town-owned buildings grounds and facilities (excluding libraries and the facilities of the Municipal Gas and Light Department), including, but not limited to, maintenance of school buildings and grounds with the exception of school janitorial duties which shall be a function of the School Department.
Other activities and functions that are related to a department of public works may, from time to time, be assigned to the Department in accordance with the Town's by-laws or other vote of Town Meeting.
(c) Director of Public Works
The Town Administrator shall appoint, subject to the approval of the Board of Selectmen, a Director of Public Works, who shall be a person especially suited by education, training and previous experience to perform the duties of the office. The Director shall be responsible for the supervision and coordination of all public works operations of the Town that are placed under control of the Director by this charter, by by-law, or by other vote of Town Meeting.
(d) Advisory Board of Public Works
The Board of Selectmen shall appoint a three (3) member Advisory Board of Public Works, who are suitably qualified, for terms of three (3) years each so arranged that the term of one member shah expire each year. The Advisory Board of Public Works shall from time to time consult with the Town Administrator for the purpose of providing advice and assistance in the development of policy guidelines for the operation of the Department of Public Works, and perform other advisory functions related to the Department of Public Works as the Selectmen may direct.
The Town Administrator shall adopt rules and regulations establishing a personnel system. The personnel system shall make use of modern concepts of personnel management and may include, but not be limited to, the following elements: a method of administration; personnel policies indicating the rights, obligations and benefits of employees; a classification plan; a compensation plan; a method of recruiting and selecting employees based upon merit principles; a centralized record keeping system; disciplinary procedures; and other elements that are deemed necessary. All Town agencies and positions shall be subject to the rules and regulations adopted under this section excluding employees of the School Department.
The Board of Selectmen shall annually appoint a Town Counsel to a term not to exceed three (3) years, and fix his compensation within the amount annually appropriated for that purpose. The person appointed and employed by the Selectmen as Town Counsel shall be a member in good standing of the bar of the Supreme Judicial Court of Massachusetts and of all other courts before which he has been admitted to practice. Any special counsel employed by the Selectmen shall be a member in good standing of the bar of all courts before which he has been admitted to practice.
In addition to those duties which the Selectmen may request or authorize the Town Counsel to perform, he shall have the following powers and duties:
(a) The Town Counsel shall examine and report to the Town Administrator upon the title to any land to be acquired by the Town or any agency;
(b) The Town Counsel shall, when requested, counsel with respect to all contracts, bonds, deeds and other legal instruments to which the Town is a party or in which any right or interest of the Town is involved;
(c) The Town Counsel shall advise all Town agencies and officers regarding legal questions relating to their powers and duties;
(d) The Town Counsel when requested by the Board of Selectmen, shall appear and conduct, or assist in the conduct of the prosecution, defense or compromise of any claims, actions and proceedings by, on behalf of, or against the Town or any Town agency; and,
(e) The Town Counsel shall provide any and all other such legal services as may be required in the conduct of the Town's business.
There shall be a Town Accountant, appointed by the Town Administrator. The Town Accountant shall be qualified in accordance with the laws of the Commonwealth and shall have at least three (3) years prior full-time accounting experience. The Town Accountant shall devote his entire time to the performance of his duties and the supervision of the employees of his department. The Town Accountant shall be appointed in March of every year for a three (3) year term and shall serve until the qualification of his successor. The Town Accountant may be removed by the Town Administrator for cause, and the vacancy filled in the same manner as an original appointment for the remainder of the unexpired term.
The Town Accountant shall be subject to the supervision of the Town Administrator. He shall have, in addition to the powers and duties conferred and imposed upon Town Accountants by the laws of the Commonwealth, the following powers and duties:
(a) He shall prescribe the methods of installation and exercise supervision of all accounting records of the several Town officers and agencies. However, any change in the system of accounts shall first be discussed with the Town Administrator and the Town agencies affected.
(b) He shall establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the Town, including clerical and office methods, records, reports and procedures as they relate to accounting matters. He shall prepare and issue rules, regulations and instructions relating thereto that, when approved by the Town Administrator, shall be binding upon all Town agencies and employees.
(c) He shall draw all warrants upon the Town Treasurer for the payment ofbills, drafts and orders chargeable to the several appropriations and other accounts.
(d) Prior to submitting any warrant to the Town Administrator, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examinations, he may make inspection as to quality, quantity and condition of any materials, supplies or equipment delivered to or received by any Town officer or agency. If, upon examination, it appears to the Town Accountant that any such bill, draft or order is fraudulent, unlawful or excessive, he shall immediately file a written report of his findings with the Town Administrator, the Town Treasurer, and the Board of Selectmen.
(e) He shall be responsible for a continuous audit of all accounts and records of the Town wherever located.
(f) The Town Accountant shall perform any and all duties incumbent upon him under the provisions of M.G.L. Chapter 41, Secs. 55-61 et seq.
(g) The Town Accountant shall provide for an Annual Report which shall contain a statement of appropriations, expenditures and balances in conformance with M.G.L. Chapter 41, Sec. 61 and the provisions of this charter.
If the Town Accountant is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation, dismissal or death, the Town Administrator may appoint a temporary Town Accountant to hold such office and exercise the powers and perform the duties until the Town Accountant who was disabled or absent resumes his duties, or until another Town Accountant is duly appointed. Said temporary appointment shall be in writing and filed in the office of the Town Clerk.
There shall be a Conservation Commission, consisting of seven (7) members appointed by the Board of Selectmen for three (3) year terms, so arranged that the terms of as nearly an equal number of members as is possible expire each year.
The Conservation Commission shall have all the powers and duties given to Conservation Commissions by the laws of the Commonwealth, the this (sic) charter, by by-law, or by other vote of Town Council.
There shall be a Council on Aging, consisting of seven (7) members appointed by the Board of Selectmen for terms not to exceed three (3) years, so arranged that not more than three (3) appointments shall be made in any one(l) calendar year.
The Council on Aging shall have all the powers and duties given to Councils on Aging by the laws of the Commonwealth, the this (sic) charter, by by-law, or by other vote of Town Council. The duties of the Council shall include:
(a) identify the total needs of the community's elderly population;
(b) educate the community and enlist the support and participation of all citizens concerning these needs;
(c) design, promote, or implement services to fill these needs or coordinate present existing services in the community;
(d) promote and support any other programs which are designed to assist elderly persons in the community;
(e) cooperate, so far as practicable, with the Executive Office of Elder Affairs; and,
(f) submit a copy of its annual report on its activities to the Board of Selectmen and shall submit a copy of its report to the Executive Office of Elder Affairs.
There shall be a Recreation Commission, consisting of nine (9) members, eight (8) appointed by the Board of Selectmen and one (1) appointed by the School Committee, for three (3) year terms, so arranged that three (3) terms expire each year.
The Recreation Commission shall be responsible for the evaluation of program activities, formulation of overall plans for the program development, and for the scheduling of Town parks and fields.
The Recreation Commission shall also have all the powers and duties given to it by this charter, by by-law, or by other vote of Town Council.
The Board of Selectmen and the School Committee shall meet and confer prior to and during the budget process to review the financial condition of the Town, revenue and expenditure forecasts, and other relevant information in order to develop a coordinated and balanced budget. The Finance Committee shall participate in the discussions with the Board of Selectmen and the School Committee in an advisory capacity. The School Superintendent and the Town Administrator shall jointly develop guidelines consistent with policies developed by the Board of Selectmen and the School Committee.
Within a time fixed by by-law prior to the Annual Town Meeting, the Town Administrator shall submit to the Finance Committee a proposed budget and capital improvement program for the ensuing fiscal year with an accompanying budget message and supporting documents. The budget message submitted by the Town Administrator shall explain the budget in fiscal terms and in terms of work programs for all Town agencies. It shall outline the proposed fiscal policies of the Town for the ensuing fiscal year; describe important features of the proposed budget; and, indicate any major variations from the current budget, fiscal policies, expenditures and revenues, together with reasons for such change. The proposed budget shall provide a complete fiscal plan of all Town funds and activities and shall be in the form the Town Administrator determines subject to the approval of the Board of Selectmen. The preliminary budget as adopted by the School Committee shall be submitted to the Town Administrator at least ninety (90) days prior to the spring session of the Annual Town Meeting to enable the Town Administrator to consider the effect of the School Department's requested appropriation upon the total Town budget which is required to be submitted under this section.
The Finance Committee shall, upon receipt of the budget and capital improvement program consider in public meetings the detailed expenditures for each Town agency proposed by the Town Administrator, excluding the municipal gas and light department. The Finance Committee may confer with representatives from any Town agency in connection with its deliberations. The Finance Committee may request the Town Administrator or any Town agency to provide additional information. The Finance Committee shall file a proposed budget and report its recommendations for action prior to the date on which the Town Meeting is to act on the proposed budget. The budget to be acted upon by the Town Meeting shall be the budget proposed by the Town Administrator with the accompanying recommendations of the appropriate Town officer, multiple member body, or department affected by the article, and of the Finance Committee.
The Town Administrator shall, in conjunction with a Capital Planning Committee appointed by the Board of Selectmen, submit an Annual Capital Improvement Program to the Board of Selectmen and the Finance Cormnittee at the date fixed by by-law for the submission of the proposed operating budget unless some other time is provided by by-law.
The Board of Selectmen, in conjunction with the Town Administrator, shall annually prepare a five (5) year financial forecast of Town revenue, expenditures and the general financial condition of the Town. The plan shall be submitted to the Finance Committee and shall be available to the public ten (10) days prior to Annual Town Meeting.
Warrants for payments of Town funds prepared by the Town Accountant shall be submitted to the Town Administrator for recommendation for approval by the Board of Selectmen.
The Treasurer shall be responsible for the management of all Town funds.
The Board of Selectmen shall provide for an annual audit of the books and accounts of the Town to be made by a certified public accountant, or firm of accountants, who have no personal interest, direct or indirect, in the fiscal affairs of the Town government or any of its offices. A complete copy of the audit shall be included in the Annual Report.
The Town Administrator shall, forthwith upon submission of the proposed budget, provide for publication in a local newspaper of a notice stating the date, time and place, not less than five (5) nor more than fourteen (14) days following such publication, when a public hearing shall be held by the Town Administrator on the proposed budget.
The Town Accountant shall make an annual financial report, to be published as part of the Town's Annual Report, giving a statement of all receipts and expenditures of the Town for the past financial year, including those of funds managed by trustees or commissioners for the Town and showing also the amount of each specific appropriation, the expenditures therefrom, and the purpose for which money has been spent; and said statement shall be arranged in accordance with the classifications prescribed by the director of accounts. Such report shall contain a statement of any change in the amount of the Town debt during the year and a list of indebtedness incurred and unpaid at the end of the financial year.
This charter may be replaced, revised or amended in accordance with any procedures made available under the Constitution of the Commonwealth and any laws of the Commonwealth enacted to implement said constitutional provisions.
This charter may be revised or amended through the enactment of special laws by the General Court on petition filed or approved by the voters of the Town or the Town Meeting in accordance with Article LXXXIX (89) of the Constitution of the Commonwealth.
The provisions of this charter are severable. If any of the provisions of this charter are held to be unconstitutional or invalid, the remaining provisions of this charter shall not be affected thereby. If the application of this charter, or any of its provisions, to any person or circumstances is held to be invalid, the application of said charter and its provisions to other persons or circumstances shall not be affected thereby.
The following rules shall apply when interpreting the charter:
(a) Specific provisions to prevail
To the extent that any specific provision of the charter shall conflict with any provision expressed in general terms, the specific provision shall prevail.
(b) Number and Gender
Words imparting the singular number may extend and be applied to several persons or things; words imparting the plural number may include the singular; words imparting the masculine gender shall include the feminine gender.
(c) References to General Laws
All references to the laws of the Commonwealth contained in the charter refer to the laws of the Commonwealth of Massachusetts and are intended to include any amendments or revisions to such chapters and sections or to the corresponding chapters and sections of any rearrangement of the general laws enacted subsequent to the adoption of the charter.
(d) Computation of Time
Unless otherwise provided, and excepting "Town business days", in computing time under this charter, if seven (7) days or less, only business days, not including Saturdays, Sundays or legal holidays shall be counted; if more than seven (7) days, every day shall be counted. A "Town business day" shall mean a day when the Town Hall, or a facility used for substantially the same purpose, is open for normal Town business.
Unless another meaning is clearly apparent from the manner in which the word is used, the following words as used in the charter shall have the following meanings:
(a) Charter - The word "charter" shall mean this charter and any amendments to it made through any methods provided under Article LXXXIX (89) of the Amendments of the Constitution of the Commonwealth.
(b) Town - The word "Town" shall mean the Town of Wakefield.
(c) Voters - The word "voters" shall mean registered voters of the Town.
(d) Majority Vote - The words "majority vote" shall mean a majority of those present and voting, provided a quorum is present when a vote is taken, unless a another (sic) number is required by the laws of the Commonwealth, by this charter, or by the Town Meeting's own rules.
(e) Town Agency or Agency - The words "Town agency" or the word "agency" shall mean any board, commission, committee, department or office of Town government, whether elected, appointed or otherwise constituted.
(f) Multiple Member Body - The words "multiple member body" shall mean any board, commission or committee.
(a) Charter Review
At least once in every ten (10) years, in each year ending in an eight (8), a special committee shall be appointed by the Board of Selectmen 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.
(b) By-Law Review
The Board of Selectmen shall, at five (5) year intervals, in each year ending in a two (2) or in a seven (7), appoint a special committee for the purpose of reviewing the Town by-laws and to make a report, with recommendations, to the Town Meeting, concerning any proposed revision, recodification, or amendment which said committee may determine to be necessary or desirable.
All general laws, special laws, by-laws, votes, resolutions, rules, and regulations of or pertaining to the Town which are in force at the time this charter takes effect, not inconsistent with the provisions of this charter, shall continue in full force until amended or rescinded by due course of law or until they expire by their own limitation.
Where provisions of this charter conflict with 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.
Any person holding a Town office or employment under the Town shall retain such office or employment and shall continue to perform the duties of the office until provisions shall have been made in accordance with this charter for the performance of the said duties by another person or agency. No person in the permanent full-time service or employment of the Town shall forfeit pay grade or time in service. Each such person shall be retained in a capacity as similar to the person's former capacity as is practical. No person shall be removed from a position without cause.
All Town offices, boards, commissions or agencies shall continue to perform their duties until re-appointed or re-elected, or until successors to their respective positions are fully appointed or elected, or until their duties have been transferred and assumed by another Town office, board, commission or agency.
(a) In General
All records, property and equipment whatsoever of any office, board, commission, committee or agency or part thereof, the powers and duties of which are assigned in whole or in part to another Town office, board, commission or agency, shall be transferred forthwith to such office, board, commission or agency.
(b) School Department Real Property
The custody and control of all real property and buildings under the School Committee or School Department shall be transferred to the Board of Selectmen and the maintenance of such real property and buildings shall be transferred to the Department of Public Works, on or before July 1, 2000, with the exception of school janitorial duties, which shall remain a function of the School Department.
This charter shall become fully effective upon adoption by the voters, except as otherwise provided in this section:
(a) Forthwith following the election at which the 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 (9) persons appointed as aforesaid shall meet to organize and to plan a process for the selection of the Town Administrator.
The committee shall review and screen all applications and provide for interviews with such candidates for the position as it deems to be necessary.
Not earlier than thirty (30) days, but not later than forty-five (45) days, after the first annual Town election following the adoption of this Charter, the committee shall submit to the Board of Selectmen the names of not less than three (3) nor more than five (5) candidates for the position. Within sixty (60) days following the date the list of nominees is submitted to it, the Board of Selectmen shall choose one of the nominees to be appointed to the office of Town Administrator. Upon the appointment of a Town Administrator, the committee established hereunder shall be considered discharged.
(b) Upon the expiration of the employment contract in effect at the time of adoption of this charter, the office of Executive Secretary shall be abolished.
(c) Until such time as the Town Administrator is appointed, the Executive Secretary shall be appointed by this charter as Acting Town Administrator.
(d) The Board of Selectmen shall be increased from five (5) to seven (7) members in the following manner: At the first annual Town election held after the adoption of this Charter, the Board of Selectmen shall be increased in size from five (5) members to seven (7) members by increasing by two (2) the number of members of the Board of Selectmen to be elected by the voters. The candidate(s) receiving the highest number of votes shall fill any regular vacanc(ies) for three (3) year terms. After the regular vacanc(ies) have been filled,the candidate with the next-highest number of votes shall fill the first new seat and serve for an initial term of two (2) years, and the candidate with the next-highest number of votes shall fill the second new seat and shall serve for an initial term of one (1) year. After expiration of the respective initial tems, each Board member thereafter elected shall serve for a three (3) year term.
(e) The School Committee shall be increased from five (5) to seven (7) members in the following manner: At the first annual Town election held after the adoption of this Charter, the School Committee shall be increased in size from five (5) members to seven (7) members by increasing by two (2) the number of members of the School Committee to be elected by the voters. After the regular vacanc(ies) have been filled, the candidate with the next-highest number of The (sic) candidate(s) receiving the highest number of votes shall fill any regular vacanc(ies) for three (3) year terms. votes (sic) shall fill the first new seat and serve for an initial term of two (2) years, and the candidate with the next-highest number of votes shall fill the second new seat and shall serve for an initial term of one (1) year. After expiration of the respective initial terms, each Committee member thereafter elected shall serve for a three (3) year term.
(f) Beginning with the first annual Town election held after the adoption of this Charter, the seat of each Finance Committee member whose term expires shall be filled by appointment to a three (3) year term by the Finance Committee Selection Committee.
(g) The Advisory Board of Public Works shall be established in the following manner: Upon adoption of this charter, the Board of Public Works shall be abolished, and each existing member of the Board of Public Works shall be appointed by this charter as an interim member of the Advisory Board of Public Works and shall be permitted to serve on the Advisory Board of Public Works as an interim member for a term equal to his or her remaining elected term with the Board of Public Works. Thereafter, vacated the (sic) seats of the interim members shall be left vacant until the Advisory Board of Public Works has been reduced to three (3) members, after which vacancies shall be filled by appointment by the Board of Selectmen as provided by this charter.
(h) Except as otherwise provided by this charter, and until such time as the Town Meeting may act, by by-law, to amend, repeal or revise them, the following provisions shall have the force of Town by-laws:
(1) Date of Town Meetings
The spring session of the annual Town Meeting shall be held on the first Monday in April
(2) Date of Town Elections
The annual Town election for the election of Town officers, and for the determination of all other matters to be referred to the voters, shall be held on the fourth Tuesday in April.
(i) Within thirty (30) days following the adoption of this charter, the Board of Selectmen shall appoint a committee of seven (7) voters to review the Town by-laws and report back to the first annual Town Meeting held after the adoption of this Charter, at the latest, with recommendations to bring by-laws into conformity with the provisions of this charter.
(j) Unless otherwise provided by this charter, the composition and term of office of any Town agency, board, commission, committee or department shall continue as it has been until such time as a different form of organization is provided in accordance with the procedures made available in this charter.
(k) The Board of Selectmen shall, within thirty days after the adoption of this charter by the voters, appoint a seven (7) member committee to prepare a code of ethics for the Town of Wakefield. Said committee shall be composed of one (1) elected Town official one (1) appointed Town official one (1) Town employee and four (4) voters at large from the Town. The code of ethics shall be applicable to all elected and appointed officials and Town employees. The committee shall report back to the first Annual Town Meeting, held at least ten (10) months after the committee has been appointed, with a recommended code of ethics for consideration by the Town Meeting.
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