ARTICLE 1: TOWN MEETINGS
Section 1. Date of Annual Meeting and Adjournment
ART. 93, ATM, 5/23/88; ART. 12, ATM, 5/9/94
The Annual Town Meeting for the purposes of conducting the regular Town Election of Town officers including Town meeting members, and for the submission of questions to the voters of the Town, if required to be submitted thereat, shall be held annually on the first Saturday of April unless the Selectmen vote not later than February 1 to establish another date in order to better suit the public convenience for reasons it shall determine including, but not limited to, conflicts with the observance of religious holidays. Said election shall be considered part of the Annual Town Meeting held in that year. All articles in the warrant for any regular Town meeting to be acted upon and determined otherwise than by ballot shall be considered at a Town meeting to be held annually on the fourth Monday in April, at eight o'clock in the
evening.
Section 2. Call of Meetings
(ART. 21, ATM – 04/29/96) (ART. 7, ATM –04/28/03) (ART. 21, ATM – 05/11/11)
The Selectmen shall, before calling a Town Meeting, post a notice of their intention to do so in each municipal and school building in the Town at least five days before opening the Warrant calling the meeting. The Warrant for any Annual Town Meeting shall open not later than the first week of December nor shall it be closed earlier than the last Friday of the following January. Furthermore, the Selectmen shall make a written request to the Town's licensed cable television provider to place notice of the opening of the Warrant on a cable channel designated for community notices. Additionally, the Selectmen shall make a written request to one local newspaper to inform residents of the opening of the Warrant.
A copy of the warrant for a meeting shall be posted in each municipal and school building at least seven days before the day of the Annual Meeting, fourteen days before a Special Town Meeting, and a copy left at every dwelling house in the Town previous to the day of meeting. The Town Clerk shall cause notice of such meeting to be published in at least one local newspaper.
ART. 7, ATM 4/28/03
A copy of the warrant for any state election shall be sent to every dwelling house only to the extent required by the General Laws.
Section 3. Duties of Moderator
ART. 27, ATM 5/02
The duties of the Moderator, and the government of the Town Meeting, not specially provided for by law, or by the foregoing rules, shall be determined by rules of practice contained in Town Meeting Time, A Handbook of Parliamentary Law, by Johnson Trustman and Wadsworth, a Committee of the Massachusetts Moderator's Association, published by the Massachusetts Moderators Association, 2001, so far as they are adapted to the condition and powers of the Town.
Section 4. Duties of Clerk
A. Record of Attendance
A record of the attendance of Town Meeting Members at all representative Town Meetings shall be made under the direction of the Town Clerk, said record to be available to the public.
B. Stenographic Record
A complete stenographic record of the proceedings of the Town Meeting, including all discussion and debate, shall be made under the direction of the Town Clerk, said record shall be available to the public no later than sixty (60) days from the final adjournment of any Special or Annual Town Meeting. Any partial record of the proceedings of Town Meeting shall be available to the public when said record is received by the Town Clerk prior to the required time period designated under this Section.
Section 5. Duties of Town Meeting Members
Town Meeting Members shall strive to be regular and prompt in their attendance at all sessions of the Annual and Special Town Meetings held during the terms of office for which they have been elected. Town Meeting Members shall undertake to educate themselves regarding the form, conduct and administration of the government of the Town and the rules governing the conduct of the Town Meeting. They shall seek, by their attendance at scheduled precinct meetings, at hearings on the various articles held by the Finance Committee and the Board of Selectmen, and at such other meetings as may be scheduled to provide the information, to inform themselves to the greatest extent possible with respect to all issues to come before an Annual or Special Town Meeting.
Town Meeting Members shall conduct themselves in accordance with the rules established for the conduct of the Meeting, shall demonstrate fairness, courtesy and respect for the opinions and positions of their fellow Members, and shall otherwise perform their duties and responsibilities in such a manner as to reflect credit upon the legislative and appropriating body of the Town.
Section 6. Quorum
ART. 15, ATM 5/9/94, (ART. 22, ATM – 05/11/11)
Twenty five percent of the total number of Town Meeting positions shall constitute a quorum for doing business at Town Meeting. No non procedural action or reconsideration requiring a two thirds vote under the provisions of any general or special law shall be taken without the affirmative vote of at least eighty five Town Meeting Members, provided that no standing vote shall be required to satisfy the requirements of this section if the Town Clerk certifies on the record that at least eighty five Town Meeting Members are present and voting. (Note: This Quorum By Law is allowed based on a Special Law, Chapter 428 of the Acts of 1984 and supersedes the Quorum requirements of Chapter 43A Section 5.)
Section 7. Regulation of Speakers
A. Right to Address Meeting
The following officers shall have the same power to address the Town Meeting as an elected Town Meeting Member, but they shall not have a vote in the Town Meeting: the Town Moderator, the Town Clerk, the Town Treasurer, the Town Manager, the Superintendent of Schools, the Chairmen of the Board of Selectmen, the Assessors of Taxes, the School Committee, the Redevelopment Board, the Finance Committee, the Personnel Board, and the chairmen of all other Boards, Commissions and Committees established under the bylaws or by a vote of the Town Meeting. In the absence of the chairman of any of the foregoing, the Vice-Chairman shall have the rights of the Chairman. ART. 12 ATM 4/27/92
B. Manner of Speaking
ART. 13 ATM 4/29/92; ART. 28 ATM 5/6/02
Every person desiring to speak shall arise, address the chair and on obtaining recognition, shall stand, while speaking, unless the Moderator otherwise directs. A Town Meeting Member who speaks upon any matter in which the speaker or his or her immediate family has a direct financial interest shall first disclose such interest to the meeting. The words Adirect financial interest shall include, but not be limited to, employment as attorney or consultant with respect to the matter.
C. Time Limits
(ART. 18, ATM – 04/29/92) (ART. 11, ATM –04/26/99)(ART. 20, ATM – 4/30/12)
No person shall speak, or otherwise hold the floor, for the first time on any subject for more than seven minutes, unless, prior to beginning his or her presentation, the person requests of the Town Meeting a specific extension of time, and the request is granted by a majority vote of the Town Meeting members present and voting.
No person shall speak, or otherwise hold the floor, for a second time on any subject for more than five minutes.
No person shall speak, or otherwise hold the floor, more than twice on any subject except to correct an error, without first obtaining permission of the meeting by obtaining a majority vote of the Town Meeting Members present and voting. After obtaining said permission, the person shall not speak, or otherwise hold the floor, for more than five minutes.
Section 8. Procedures Committee
A. Name. The name of this committee shall be the Town Meeting Procedures Committee.
B. Appointing Authority. The Moderator shall be the appointing authority for the committee, and shall also fill any vacancies.
C. Composition. The committee shall consist of five members who shall be: the Moderator, the Assistant Moderator, and three Town Meeting Members.
D. Duties. The committee shall consider, recommend, and report to the Town Meeting on matters related to Town Meeting procedures. The committee shall take a broad view of matters related to Town Meeting procedures. In addition to considering how such matters affect the Town Meeting, the committee shall also consider how these matters affect the desire of voters of the Town to become Town Meeting Members.
E. Transitional provision. When this section comes into effect, Town Meeting Members already on the committee shall remain on the committee. If the Moderator or Assistant Moderator is already on the committee, he shall now be on the committee by virtue of his office and his Town Meeting Member position on the committee shall be declared vacant.
Section 9. Appointment of Committees
ART. 14 ATM 5/9/94
A. Scope
This section shall apply to all committees (as hereinafter defined) established by the Town Meeting, or under the bylaws, except to the extent that the vote establishing the same shall specify otherwise, or if the General Laws or Special Acts require a different method. It shall not be applicable to committees established prior to the effective date hereof, except to the extent that the Town Meeting may vote to make any one or more provisions hereof applicable to the same.
B. Definitions
1. Appointing Authority - the person or entity having the power to appoint persons to committees. Unless otherwise specified, the Moderator shall be the appointing authority.
2. Committee -- any committee, commission, board, task force or other such group however denominated.
3. Entity -- a board, corporation, voluntary association, committee, commission, or other group. Unless the bylaws or a vote of such entity specify otherwise, an entity shall act by its chairman, president, or other chief executive officer.
4. Members of a Committee -- registered voters of the Town, unless the vote otherwise specifies.
5. Nominating Authority -- the person or entity having the power to nominate or designate one or more members of a committee. If no nominating authority is specified, the appointing authority shall also be the nominating authority.
ART. 10, ATM 4/26/99
6. Town Official - Whenever a vote by the Town Meeting or a Bylaw shall provide for the appointment or nomination of an elected or appointed official of the Town, except a Town Meeting member, such designation shall be considered to mean and shall include the designee of such official, unless the vote or bylaw specific provides otherwise.
C. Establishment
Promptly after the effective date of any vote establishing a committee, the Town Clerk shall notify the appointing and nominating authorities of the same. Within sixty (60) days of the date of such notice, the nominating authorities shall submit the names and addresses of their nominees to the appointing authority. If any one or more of them shall fail or neglect to do so, the appointing authority may appoint in place of such nominees, any registered voter of the Town.
The appointing authority shall within thirty (30) days of receiving the nominations or upon thirty (30) days of failing to receive the nominations within the time hereinabove provided, make the appointments in writing to the Town Clerk, who shall promptly notify the appointees.
D. Organization
The appointing authority shall designate one of the appointees as acting chairman, and the Town Clerk, in the course of notifying the appointees, shall instruct such acting chairman to call an initial meeting, at which the committee shall elect its officers by ballot.
E. Default
If the appointing authority shall fail to exercise the duties set forth above, then the Moderator shall act as appointing authority, and, in the event of default by the Moderator, the Town Clerk shall so act.
F. Term of Office:
1. Members shall serve terms of three years.
2. Re-appointments, or appointments to fill vacancies, shall be made in the same manner as original appointments.
3. If a member has been appointed by reason of his or her status as a registered voter, his or her term of office shall cease if he or she removes from the Town.
4. If a member has been appointed by reason of his or her status as a member of an entity, his or her term of office shall cease if he or she ceases to be a member of such entity.
5. If a member shall fail to attend three (3) or more consecutive meetings of the committee, the committee may, by vote, remove such member and request the nominating authority to nominate a replacement to the appointing authority.
G. Miscellaneous
The Town Meeting by the vote establishing any committee may alter any one or more of the foregoing provisions with respect to such committee, but any provision not so altered will be in full force and effect with respect to the same. Members shall serve without compensation, but, subject to appropriation, shall be entitled to be reimbursed for their reasonable expenses incurred in connection with their official duties.
Section 10. Procedural Rules
A. Motions in Writing:
All questions or motions submitted for the consideration of the Town Meeting shall be reduced to writing if required by the presiding officer.
ART. 13 ATM 4/29/92
B. Reading Articles:
The reading of warrant articles and proposed votes related thereto shall not be required except by a motion adopted by a majority vote of those members present and voting, provided that the information and precise wording of the same has been made available, in writing, to each Town Meeting Member who may be present when the same are being considered by the Town Meeting.
ART. 13 ATM 4/29/92
C. Votes:
(ART. 13, ATM – 04/29/92), (ART. 22, ATM – 05/11/11)
All votes, unless otherwise provided by law, shall be taken in thefirst instance by a "yes" and "no" voice vote. If the Moderator is in doubt as to the vote he may call for a show of hands or for a standing vote, or if five voters immediately question the vote, the Moderator shall call for a standing vote. On all questions submitted for the consideration of the Town Meeting, there shall be a roll call vote when requested by thirty or more Town Meeting Members present at the meeting. All roll call votes shall be recorded so as to indicate the individual vote of each Town Meeting Member who shall have voted. Said roll call votes shall be available as recorded at the Town Clerk's Office. Whenever a vote of two-thirds of the Town Meeting Members present and voting is required on any matter,
the Moderator may declare a motion passed by a voice vote of at least two-thirds in favor and a standing vote need not be taken unless required by law or these Bylaws. The Town Clerk shall record the Moderator’s declaration that the motion passed by a two-thirds vote in favor.
D. Motions:
When a question is under debate, motions shall be received to adjourn, to lay on the table, the previous question, to postpone to a certain time, to commit, or to amend; which several motions shall have precedence in the order stated. The first three shall be decided without debate.
ART. 13 ATM 4/29/92, ART. 19 ATM 4/27/88
E. Reconsideration:
A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed, but such motion to reconsider shall not be made at an adjourned meeting unless the mover has voted on the prevailing side, and has given notice of his intention to make such motion at the session of the meeting at which the vote was passed. There can be no reconsideration of a vote once reconsidered, or after a vote not to reconsider. No article in the warrant shall again be taken into consideration after it has been disposed of unless ordered by vote of two-thirds of the Town Meeting Members present and voting. A notice to reconsider any vote must be made orally to the meeting either from the floor or announcement by the moderator that such notice has been served.
F. Previous Question:
No motion to move the previous question may be made by a person who otherwise speaks on the question. A person desiring to move the previous question must limit himself to the words "I move the previous question" or words that have the same limited effect. A person recognized by the Moderator to speak a second time on a question may move the previous question if he does not otherwise speak on the question when recognized for the second time.
G. Committee Reports:
No action shall be taken by any Town Meeting on the Report of any committee, previously chosen, unless the same shall be specified in the warrant calling said meeting.
ART. 14, 4/28/03
Section 11. Assistant Moderator
A. Election:
Each year at the Annual Town Meeting, the Town Meeting Members shall elect one of their number to serve as Assistant Moderator for a term of one year, or until his or her successor is elected and qualified.
B. Duties:
Whenever the Moderator is unavailable, the Assistant Moderator shall preside at Town Meeting. In addition, the Assistant Moderator shall assist the Moderator in the performance of his or her other duties, as the Moderator may direct.
ARTICLE 2: SELECTMEN
Section 1. Duty
The Selectmen shall have the general direction and management of the property and affairs of the Town in all matters not otherwise provided for, so far as permitted by law.
Section 2. Representative Powers
The Selectmen may appear, either personally or by Town Counsel or by Special Counsel duly employed by them before any Court, Committee of the Legislature, or any Federal, State, or County Board of Commissioners, or other tribunal to protect the interests of the Town, but they are not authorized hereby to commit the Town to any course of action. They shall have authority as agents to institute, prosecute and defend suits and claims against or involving the interests of the Town, and to settle same when, in their judgment upon advice of counsel, such settlement is for the best interest of the Town.
Section 3. Reports Due to Selectmen
ART. 20 ATM 4/27/88
All Boards and officers shall make an annual report covering each year and forward same to Selectmen not later than January 15 of the following year, or at an earlier date if required by the Board of Selectmen.
Section 4. Privilege at Town Meeting
ART. 14 ATM 4/29/92
Notwithstanding any other provision of the Bylaws, any member of the Board of Selectmen shall be entitled to seek the recognition of the Moderator as though he or she were a Town Meeting Member.
Section 5. Town Home Page
ART. 50 ATM 5/19/97
The Board of Selectmen is authorized and directed to publish on the Town's Internet home page, subject to space availability, various documents and other information it deems in the public's interest to provide, including but not limited to, Town Meeting warrants and minutes of meetings of the Board of Selectmen.
ARTICLE 3: TOWN CLERK
Section 1. Town Seal
The Town Clerk shall have the custody of the Town Seal.
Section 2. Conveyances
All conveyances under seal, which may hereafter be executed by the Town, pursuant to a vote of the Town, or otherwise, shall be sealed by such seal and subscribed by a majority of the Board of Selectmen.
Section 3. Annual Report
The Town Clerk shall make a full index of all reports and prepare a report upon the vital statistics of the Town for publication in the Annual Town Report.
Section 4. Notice to Committees
It shall be the duty of the Town Clerk to immediately notify in writing all members of committees who may be elected or appointed at any town meeting stating the business upon which they are to act and the names of the persons composing the committees.
Section 5. Report of Town Meeting Actions
It shall be the duty of the Town Clerk, immediately after every town meeting, to furnish the Town Accountant and the Board of Assessors with a statement of all appropriations made by the Town at such meeting, and the purpose for which such appropriations were made and the manner of raising the same. He shall also notify all boards, officers and committees of all votes passed at any town meeting in any way affecting them.
Section 6. Record Keeping
It shall be the duty of the Town Clerk to properly record, file, and index all contracts, agreements, releases, bonds, deeds and all other papers and documents in any way affecting the interests of the Town when filed with him, and all such papers and documents unless otherwise required by law, shall be so filed by all boards, officers and committees at such time as the work to which such papers or documents pertain, shall have been completed.
ARTICLE 4: TOWN TREASURER'S DEPARTMENT
Section 1. Duty
The Town Treasurer shall administer the Town Treasurer's Department.
Section 2. Divisions
The Town Treasurer's Department shall consist of the Tax Collection Division and the Treasury Division.
A. Tax Collection Division
1. The Town Treasurer also acts as the Collector of Taxes.
2. The Collector of Taxes shall seasonably collect, under the title Town Collector, all accounts due the Town which are committed to him. When the Collector of Taxes serves a written demand for the payment of any delinquent taxes, a demand fee of $30 shall be added to the amount of the tax demanded thereby.
3. Every department of the Town shall deliver to the Comptroller at least once in every month a separate statement of each account due the Town arising through any transaction with such department. Upon receipt of such statements of accounts, the Comptroller shall commit such accounts to the Town Collector for collection. This section shall not apply to taxes and special assessment, licenses and permits issued or granted by the various departments of the Town, nor to interest on investments of sinking or trust funds.
4. Any account committed by the Comptroller which the Town Collector is unable to collect by ordinary efforts will be referred back to the department in which said account originated for further collection effort. So far as permitted by law, any account or portion thereof may be abated by the Comptroller upon recommendation by said department.
In the event the account cannot be collected within a reasonable period of time and is not abated, it shall be referred by the Town Collector to the Town Counsel for appropriate legal action and the Comptroller shall be notified of said referral.
5. The Tax Collection Division shall, once in each week or oftener, pay over to the Treasury Division all money received during the preceding week or lesser period on every such account, including any sums received as interest on monies received on such accounts and deposited in any bank.
B. Treasury Division
1. The Town Treasurer receives and takes charge of all monies belonging to the Town.
2. The Town Treasurer shall pay all monies of the Town which are legally due and owing, according to the order of the Town or its authorized officers.
3. The Town Treasurer shall, from time to time during the fiscal year, prepare and update a cash flow projection of anticipated receipts and expenditures and shall manage the Town's excess cSection 3. Financial Review
ash by prudently investing same to the maximum advantage of the Town as permitted by law.
4. The Town Treasurer, in addition to the estimate of the amount required for the maintenance of the Town Treasurer's Department, shall also determine the amounts of interest and maturing debt to be included in the annual budget for the ensuing year. The Town Treasurer, shall also be responsible for the preparation of the Pension Funding Budget, to be prepared in accordance with current actuarial estimate of the town's pension funding liability.
5. The Town Treasurer shall have custody of all paid matured notes, bonds and coupons issued by the Town and all canceled checks issued by him.
6. The Town Treasurer shall manage the Town's debt and recommend to the Selectmen a term of years for all authorized long-term debt and whether or not the Town should accept the interest rate offered for said debt prior to its issuance.
ART. 29 ATM 4/23/90
The Town Treasurer shall prepare a financial review and report to the Annual Town Meeting regarding the financial condition of the Town. The report shall be a public record and a copy shall be filed with the Board of Selectmen in accordance with Title I, Article 2, Section 3 of the Bylaws.
Section 4. Bond
The Town Treasurer shall give bond to the Town for the faithful performance of the duties of the office in a form approved by the Commissioner of Revenue and in such a sum to be determined by the Selectmen, provided the amount of the bond shall not be less than the amount set by the Commissioner. The bond must cover all funds of which the Town Treasurer has custody. A separate bond must similarly be furnished covering the Town Treasurer's duties as Town Collector.
Section 5. Appointment of Assistant
ART. 36 ATM 5/11/88
The Town Treasurer may in writing appoint, with the approval of the Selectmen, an Assistant Town Treasurer - Collector of Taxes. The Assistant Town Treasurer - Collector of Taxes shall be sworn to the faithful performance of the duties of the office and a record shall be made of said appointment and oath. The Assistant Town Treasurer - Collector of Taxes shall be a citizen of the United States and a resident of the Commonwealth of Massachusetts, and shall give bond annually for the faithful performance of the duties of the office in a form approved, and in an amount determined by the Commissioner of Revenue. [Return to top]
Section 6. Pension Funding
(ART. 47, ATM – 05/28/08)
The Town Treasurer, upon determining the viability and appropriateness of initiating any borrowing for the purposes of funding the unfunded pension liability through so-called Pension Obligation Bonds, shall:
1. Notify the Finance Committee of any such intention to borrow, with documentation supporting said borrowing, and request a recommendation from the Finance Committee, including amount to be borrowed, in writing; said recommendation shall be rendered by the Finance Committee to the Treasurer within 30 calendar days from the Treasurer’s notification,
2. At the same time, submit to the Commonwealth’s Secretary of Administration & Finance the intention to borrow with documentation supporting, including an updated valuation study, said borrowing,
3. Present the results of any communication and/or determination received from Administration & Finance to the Finance Committee prior to any meeting with the Board of Selectmen
4. Present to the Board of Selectmen a report stating such intention to borrow with documentation supporting said borrowing, and include:
a. the recommendation report from the Finance Committee,
b. the communication and/or determination(s) from Administration & Finance,
c. the recommendation from the Town’s Financial Advisor,
d. the total amount to be borrowed, and the costs of said borrowing,
e. any projected savings to the Town’s annual operating budget,
5. Upon the approval of the borrowing by the Board of Selectmen, the Treasurer shall submit a Warrant Article requesting said appropriation in the next soonest annual or special town meeting, documentation cited in section 4, above, shall be included in materials presented to Town Meeting.
6. These procedures shall be incorporated into the Policy of the Office of Treasurer & Collector of Taxes, and be binding on the present and/or any future Town Treasurer(s).
ARTICLE 5: COMPTROLLER
Section 1. Duties
The Comptroller shall have in addition to the powers and duties conferred and imposed upon Town Accountants, by General Laws, the following powers and duties:
A. Methods of Accounting
He shall prescribe the methods of Accounting and forms to be used by the several departments of the town where in the collection or disbursement of money is concerned, so that such methods and forms shall conform to the requirements of the State Accounting System.
B. Standard Practices
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 and regulations and instructions relating thereto that shall be binding upon all town agencies and employees.
C. Warrants for Payment
He shall draw all warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the several appropriations and other accounts.
D. Verification of Warrants
Prior to submitting any warrants to the Town Manager, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examination, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered or received by any town officer or agency. If, upon examination, it appears to the Comptroller that such bills, drafts or orders are fraudulent, unlawful or excessive, he shall file with the Board of Selectmen and the Town Treasurer a written report of the reasons for his findings.
E. Custody of Vouchers
He shall have custody of all vouchers which have been entered on warrants for payments and approved by the Town Manager and Comptroller. Said vouchers are to be available for inspection by the Town Treasurer at all times.
F. Balance Sheets
He shall submit a monthly Balance Sheet and an annual Balance Sheet with detailed statements of Cash Receipts and Cash Disbursements at the end of each fiscal year to the Board of Selectmen and the Department of Revenue for certification of the Town's Free Cash. Said financial statements shall conform to the requirements of the State System of Accounting and may be audited as directed by the Board of Selectmen.
H. Annual Audit and Regular Reports
ART. 12 ATM 4/24/95
He shall be responsible for coordination of the Annual Town Audit. He shall provide the Board of Selectmen, Town Manager, Town Treasurer and Chairman of the Finance Committee with a quarterly report of revenues and expenditures. Each month he shall provide said officials with a report comparing actual with estimated revenues. Whenever applicable, he shall make recommendations regarding the Town's financial condition that he deems appropriate.
Section 2. Written Purchase Orders
No head of a department, board or committee authorized to spend money shall make purchases of supplies or materials or contract to render services to the Town without issuing a written purchase order on prescribed forms for all such supplies or materials or services to be rendered; provided, however, that the provisions of this section shall not apply to the salaries or wages of part-time or regularly-employed officers, clerks and wage earners of any department of the Town.
ART. 22 ATM 4/27/88
All purchase orders shall be in triplicate; one to be designated for the Vendor; one to be designated for and delivered to the Comptroller; and one to be designated for the files of the department issuing the order. The order designated for the Vendor, before being transmitted to the Vendor shall be submitted to the Comptroller to be certified by him that there is sufficient unencumbered balance of the appropriation to be charged to liquidate the amount of the order, provided, however, that verbal orders for supplies or materials or services to be rendered may be issued for an amount not to exceed five hundred dollars. All verbal orders shall be confirmed in writing on the prescribed purchase order forms on the day the orders are given and transmitted immediately to the Comptroller for certification. [Return to top]
ARTICLE 6: CLASSIFICATION AND COMPENSATION PLANS and HUMAN RESOURCE BY-LAW
(ART. 12, ATM – 04/30/12)
Section 1. The Classification Plan
The official classification plan shall consist of class titles appearing in Schedule A which is made a part hereof, together with class definitions which are on file with the Human Resource Director (for purposes of this article “Director”) of the Town.
Section 2. The Compensation Plan
The official compensation plan which appears in Schedule B shall consist of salary ranges which provide minimum and maximum rates together with intermediate step rates of single salary rates for each full-time position class in the Classification Plan. The Compensation Plan shall include compensation grades to which position classes are allocated in Schedule A.
Section 3. Amendment of the Plans
ART. 32 ATM 5/1/89, ART. 19 ATM 4/29/96
The classification and compensation plans have been established pursuant to the authority contained in Section 108C of Chapter 41 of the General Laws. Either plan may be amended in the manner provided in this statute and the by-laws of the Town. Rates appearing in the compensation plan may be established or changed by vote of the Town at a Town Meeting, or as provided by law, whichever is applicable. Requests to the Director of the Town for any amendment to this By-Law at any Annual Town Meeting shall be made in writing and shall be received by the Director on or before September 10th of the year preceding such Annual Town Meeting. The Director shall communicate his/her decision regarding the request to the party submitting the request no later than November 1st. An employee may appeal any reclassification determination of the Director to
the Human Resource Board which shall review said request and either uphold or overrule the Director's determination after consultation with the Director. The Classification Plan shall be amended accordingly to reflect the determination of the Human Resource Board in the event it overrules the determination of the Director. In like manner, the initial determination of the Director, if favorable to the employee, shall cause an amendment to the Classification Plan to be made accordingly. Notwithstanding the foregoing, no amendment shall become effective until the Town Meeting appropriates funds to fund same. The Director shall submit an individual request within an article for an appropriation for each reclassification to the Town Meeting to fund each reclassification approved by him or her as well as those approved on appeal to the Human Resource Board.
Town Meeting may not act favorably on Articles submitted on behalf of employees aggrieved by the determination of the Human Resource Board. No employee may request reclassification of the same position in consecutive years.
Section 4. Human Resource Board
ART. 32 A.T.M. 5/1/89
There shall be a Human Resource Board consisting of three members who shall be appointed by the Town Manager. The initial appointments thereto shall be for a one, two and three year term respectively. Thereafter each term shall be for a period of three years. Members shall serve without compensation and shall serve until their successors are appointed.
Section 5. Class Definitions
The Director shall prepare and may amend, from time to time, written definitions of the classes in the classification plan, each consisting of a statement describing the essential nature of the work characteristic of positions in the class that distinguish such positions from positions of other classes, with such examples as may be deemed appropriate.
Section 6. Interpretation of Class Definitions
The definitions of the classes shall be interpreted as descriptive only and not restrictive. The definition for any class shall be construed solely as a means of identifying positions classified under the appropriate class, title, and not as prescribing what the duties or responsibilities of any position of the class shall be, or as modifying or in any way affecting the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of, any employee under the jurisdiction of such authority.
Section 7. Records and Requisitions
The Director shall keep such records of all employees of the Town, including the name, age, date of employment, classification of position occupied, department in which employed, nature of duties and other information as he/she deems desirable.
All requisitions for persons to fill positions or perform duties classified under the Civil Service Law, all requests for transfers, increases in salary, changes in rating, or other requests made to the Director of Civil Service or the Department of Civil Service, shall be processed through the Director.
Similarly, all such personnel actions relating to positions which are not subject to Civil Service Law, but which are subject to the classification and compensation plans, shall be processed by the Director.
Section 8. Allocation of Positions to Classes
The Director shall classify each position subject to the provisions of this by-law in accordance with the classification plan. Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position of a different classification is substituted for the old position, the Director shall, in the same manner, classify such new or changed position.
In the event the Director determines that a new or changed position requires the establishment of a position class not included in the classification plan, he/she may authorize temporarily the necessary new classification subject to ratification at the next succeeding Special or Annual Town Meeting.
The Director shall have the authority to reclassify a position if he/she finds that such action is warranted by reason of error in the classification then in effect.
The Director shall afford reasonable opportunity to be heard to any employee or appointing authority affected by any classification or reclassification, upon written request therefor.
Section 9. Allocation of Positions in Departments of Various Appointing Authorities
A. Power of Clerk and Treasurer/Collector
ART. 28 STM 5/15/95
The Town Clerk and the Treasurer/Collector, as independent authorities, may reorganize, consolidate, or otherwise establish new positions in their respective departments without prior Town Meeting approval subject to available funds and the requirements of collective bargaining contracts and laws relating to same. Said authorities may appoint persons to fill such new positions so created on a temporary basis.
B. Role of Director
Before taking any of the aforementioned contemplated actions, the Clerk or the Treasurer/Collector as the case may be, shall notify in writing the Personnel Director specifying the reasons therefore which notice shall not be dated earlier than Dec. 1 of any calendar year.
The Director will consult with and assist the appointing authority in the contemplated action except when the Director disagrees with the contemplated action in which event the Director will so advise the appointing authority as to the reasons therefore not later than 21 days after receipt of the appointing authority's notice of contemplated action unless said date is mutually extended.
If the Director agrees with the contemplated action, then the Director will so advise the appointing authority in writing and the contemplated action shall become effective immediately.
If the Director disagrees with the contemplated action then the Director will so advise the appointing authority in writing of the reasons therefore. In such event the Director shall take immediate steps to convene a meeting of the Human Resource Board established under Section 4 of Title I, Article 6 of the bylaws. Said Board shall consider presentations of the Director and the appointing authority and will make a written recommendation regarding the contemplated action. The Human Resource Board shall convene not later than 14 days after disapproval by the Director of the contemplated action and render its advisory opinion within seven days of its consideration thereof. In any event the contemplated action may be implemented by the appointing authority at any time after the expiration of thirty days from the date of the
Director's written disapproval of same notwithstanding any contrary recommendation of the Human Resource Board or its failure to timely meet to consider same.
C. Approval by Town Meeting
Any action on consolidation, reorganization, abolition of position, and the filling of positions associated therewith shall not become permanently effective until approved by the next occurring annual Town Meeting. Any new positions created shall not be placed into the Classification Plan unless so voted by the Town by amendment to the Classification Plan as established by Title I, Article 6 of the bylaws. Disapproval by the Town Meeting of the action of the appointing authority shall reestablish the status quo in said department prior to the action of the appointing authority having been taken.
Section 10. Titles of Positions
No person shall be appointed, employed or paid as an employee in any position subject to the provisions of this by-law under any title other than that set forth in the classification plan for the position which he occupies. The title of each class shall be the official title of every position classified thereunder for all purposes having to do with the position as such, and shall be used to designate the position on all payrolls, budget estimates and official records and reports, and in every other connection involving personnel and fiscal processes, but any abbreviation or code symbol approved by the Director may be used in lieu of the title to designate the class of a position in any such connection.
Section 11. Appropriation to Cover Changes in Pay Plan
A Town Meeting vote which authorizes any change in rates from those which appear in either Schedule A or Schedule B under Sections 1 and 2 of this article (Title I, Article 6) shall include the appropriation of funds required to finance the change.
Section 12. Vacation Leave
A. Leave with Pay
Vacation leave with pay shall be granted to all regularly employed personnel, subject to the classification and compensation plans. These employees are provided opportunity to accrue vacation leave in order that (s)he may have periods of rest and relaxation from his/her job for health and well being, consistent with work load and staffing requirements of their department. Employees are encouraged to request vacation leave in blocks of time sufficient to ensure rest and relaxation. An employee shall be considered regularly employed and eligible for vacation if (s)he has worked six months for the Town in a position included in the Classification and Compensation Plan.
B. Accrual Rates
1. Vacation leave credits are not accumulated and cannot be used during the first six (6) months of employment.
2. All regularly employed personnel shall be credited with five (5) days of vacation leave upon completion of his/her first six (6) months of service as long as these employees do not receive more vacation leave in their first year of employment than granted in number three below.
3. All regularly employed personnel with more than six (6) months but fewer than five (5) years of service shall receive twelve (12) days of vacation leave.
4. All regularly employed personnel with five (5) years but fewer than ten (10) years of service shall receive eighteen (18) days of vacation leave.
5. All regularly employed personnel with ten (10) years but fewer than twenty-five (25) years of service shall receive twenty-four (24) days vacation leave.
6. All regularly employed personnel with twenty-five (25) years or more of service shall receive thirty (30) days of vacation leave.
7. Vacation accrual rates for employees covered by a collective bargaining agreement are governed by their applicable contract.
C. Effective Date (ART. 19, ATM – 4/30/12)
Vacation leave will be granted to all eligible town employees, according to their accrual rates, on January 1 of each year. For School Department employees, vacation leave will be granted to eligible employees, according to their accrual rates, either on July 1 or September 1 of each year.
D. Scheduling
The scheduling of vacation periods with pay shall be arranged and approved prior to use by the Department Head for such time or times as best serve the public interest and department efficiency. In case of conflict in scheduling vacation time, preference will be given based on seniority or other provisions established by the Department Head.
E. Limits on Accumulation (ART. 51, ATM – 05/05/10) (ART. 19, ATM – 4/30/12)
Vacation leave may not be accumulated from one vacation year to another, except when in the opinion of the appointing authority, it is impossible or impractical to use because of work schedules or other emergencies to do otherwise.
(1) Requests for such carryover by Town employees must be submitted to the appropriate authority before the end of the calendar year in which the vacation leave was granted, provided that all carryover vacation shall be used by the following April 30th. Notwithstanding the previous sentence, all Town employees who have been granted carryover vacation days on December 31, 2009, shall be allowed to carry over two thirds of that amount on December 31, 2010, and one third of that amount on December 31, 2011. All vacation days carried over under the previous sentence shall be utilized by December 31, 2012, and the previous allowance shall cease to have effect on that date.
(2) In the School department, requests for carryover must be submitted to the Superintendent before the end of the employee’s vacation year. All carryover vacation shall be used by the end of four months following the conclusion of the employee’s work year. Notwithstanding the previous sentence, all School Department employees who have been granted vacation days on December 31, 2009, shall be allowed to carry over two thirds of that amount at the commencement of their work year in 2011 and one third of that amount at the commencement of their work year in 2012. All vacation days carried over under the previous sentence shall be utilized by the commencement of the 2013 work year.
F. Coordination with Absences
Absences on account of sickness in excess of those authorized or for personal reasons not provided for under leave regulations may, at the discretion of the Department Head, be charged to vacation leave.
G. No Loss of Benefits
Whenever employment is terminated by dismissal through no fault or delinquency of an employee's part, or by resignation, retirement or death, without his/her having been granted a vacation to which (s)he is entitled, (s)he, or in the case of his/her death, his/her estate shall be paid vacation pay at the regular rate of compensation at which it was earned payable to him/her at termination of employment.
H. Holidays
If a holiday falls within the vacation period, it shall not count as part of the vacation allowance.
I. Part-Time Employees
Regular part-time employees accrue and earn vacation leave on a pro-rated basis according to the differences between their regularly scheduled work week and the normal work week.
Vacation leave credits shall not be advanced for use prior to their being earned.
All of the above to be effective for non union and M Schedule employees and to become effective for all union employees upon ratification by the respective bargaining units.
Section 13. Sick Leave
A. Qualification
Regularly employed personnel subject to the classification and pay plans must complete six months of service before qualifying for sick leave, at the end of which time seven and one-half days credit will be allowed.
B. Limitation
Earned sick leave with pay will be limited to one and one-quarter days per month, not to exceed fifteen days per year, and will be credited on the first day of each month. Sick leave credit will begin on the first day of the month following employment except as otherwise provided in Sub-section A. Employees having an aggregate of more than two days of authorized leave without pay in any calendar month shall not receive sick leave credit for that month.
C. Accumulation
(ART. 16, ATM – 04/24/06)
There shall be payment of accumulated sick leave upon the employee's death, retirement, or his leaving the employment of the Town. When a person leaves the employment of the Town, this employee, or in the case of death the employee's estate, shall be paid twenty-five percent (25%) of the employee's rate of pay for any and all unused and accumulated sick leave. Any employee hired after July 1, 1997, will have sick leave buy back limited to 150 days. No sick leave credit for prior employment will be allowed employees rehired or reinstated after a termination of service other than approved leave of absence.
D. Definition of Incapacity
Sick leave with pay shall be granted to employees only when they are incapacitated for the performance of their duties by sickness, injury or quarantine by health authorities.
E. Commencement
Sick leave will commence on the day notification of the illness is given by the employee, his family, or his physician. Such notification shall be given within one hour of the regular appointed starting time.
F. Evidence of Incapacity
For absence on account of sickness, the department head or the appointing authority may require evidence in the form of a physician's certificate for the necessity for absence, such certificate to give the nature of illness and the expected duration. If such certificate is not filed after request therefor, such absence may be applied, at the discretion of the department head, to vacation leave or leave without pay. The department head shall require such certificate at the end of two weeks of illness and subsequent certificates may be required at the discretion of the department head or the appointing authority.
G. Attendance Record (ART. 12, ATM – 4/30/12)
Every department of the Town shall keep a uniform attendance record on such form as approved and audited by the Comptroller for each employee showing sick leave both accrued and granted. The information on such record shall be transmitted by the head of the department to the Human Resource Board upon request.
H. Part-Time Employees
Part-time employees whose hours of work follow a regular schedule will be allowed such proportion of sick leave credit as their actual part-time service bears to full-time service.
I. Coordination with Workers' Compensation
Employees injured on the job and receiving Workmen's Compensation may, upon request, be granted such sick leave allowance payment as will when added to the amount of Workmen's Compensation, results in the payment to them of their full salary, provided they have such sick leave credit.
J. Discretionary Extensions
Discretionary sick leave not exceeding fifteen days may be granted by the appointing authority provided all accumulated sick leave and vacation leaves have been exhausted, and shall be charged against future sick leave credit, provided further that in connection with employees with at least twenty years of service with the Town and in the event of extenuating circumstances as determined by the appointing authority, additional sick leave not to exceed 150 days may be granted, which shall be similarly charged to future sick leave credit.
Section 14. Other Absences
ATM 6/19/2000
A. Bereavement
An absence with pay, to the extent necessary but not to exceed five days, shall be granted in case of death of immediate member of an employee's family. Immediate family means spouse, child, father, mother, sister, brother, or grandparents. An absence with pay of one day shall be granted in case of death of an employee's inlaws or grandparents of spouse.
B. Military Service
Any permanent employee of the Town called for an annual tour of duty with the armed forces shall be paid his usual salary for a period not exceeding two calendar weeks and shall be entitled to the same leaves of absence or vacation with pay given to other like employees.
C. Jury Duty
A regular employee called up for jury duty shall be paid an amount to bring his salary up to his usual rate of pay. Notice of service shall be filed with the department head upon the receipt of a summons.
D. Veteran's Conventions
Leave of absence with pay may be granted by the appointing authority to permanent employees who are authorized delegates to state or national conventions of the following veterans' organizations: American Legion, AMVETS of World War II, Disabled American Veterans, Legion of Valor, Marine Corps League, Military Order of the Purple Heart and Veterans of Foreign Wars.
E. Union Conventions
Leave of absence with pay may be granted by the appointing authority to permanent employees who are authorized delegates of recognized employee organizations for the purpose of attending annual state conventions of their parent AFL-CIO or independent organizations. However, if said employees' regular compensation is paid by the employee organization, then such leave of absence as may be granted by the appointing authority shall be without pay.
F. Maternity
Maternity leave of absence without pay shall be permitted in accordance with the provisions of Section 105D of Chapter 149 of the General Laws of the Commonwealth. A physician's certificate shall be submitted to the employee's department head before the employee returns to work following a maternity leave of absence.
G. Medical Examination
The appointing authority at any time may require a physical and/or a psychiatric examination of an employee to determine said employee's fitness for regular full time duty. Said examination to be performed by a physician or a psychiatrist selected by the appointing authority and at the expense of the Town.
Section 15. Personal Leave
A. One Day per Year as of Right
A personal leave of absence of one day with pay shall be granted to all full-time employees of the Town on January 1 of each year, said personal leave to be in addition to any sick leave or vacation leave to which the employee is entitled and time of allowance of said leave to be at the discretion of the department head after receiving reasonable notice from the employee. Said personal day cannot be used during the first six (6) months of employment.
B. Personal days for Good Sick Leave Record
1. Employees who do not use sick leave shall be granted personal leave without loss of pay up to five (5) days per calendar year in accordance with the following:
ART. 86 ATM 6/16/97.
Employees who do not report out sick from January 1 to March 31, shall receive one (1) additional day. Employees who do not report out sick from April 1 to June 30, shall
receive one (1) additional personal day. Employees who do not report out sick from July 1 to September 30, shall receive one (1) additional personal day. Employees who do not report out sick from October 1 to December 31, shall receive one (1) additional personal day.
In addition to the foregoing, those employees who do not report out sick more than four (4) days during the calendar year shall receive one (1) additional personal day.
2. Personal day earned for good sick leave record may not be accumulated beyond one year from the day of its being credited.
Employees while receiving workers' compensation shall not be eligible for personal days under this program.
Section 16. Holidays
In order to qualify for holiday credit, a regular employee shall have worked on the last regularly scheduled work day prior to, and the next regularly scheduled work day following such holiday, unless it is an absence for which compensation is payable as provided under this by-law.
The following days in each year shall be considered as holiday credits:
New Year's Day, Labor Day, Martin Luther King Day, Columbus Day,
Washington's Birthday, Veterans' Day, Patriots' Day, Thanksgiving Day,
Memorial Day, Christmas, Independence Day, Christmas Eve Day if same falls on a Mnoday through Friday
Whenever a holiday falls on Saturday, another working day off with pay shall be arranged at the discretion of the department head.
Good Friday shall be considered as half day holiday credit. The day following Thanksgiving shall be treated as a holiday unless an employee is scheduled to work same by the department head in which event the employee will be granted another day off at the discretion of the department head. ART. 44, ATM 6/17/97
Section 17. Proposition 2½ Cutbacks (ART. 12, ATM – 4/30/12)
Deleted
Section 18. Deferred Salary Increases
ART. 44 ATM 6/20/84
Effective July 1, 1984, a deferred salary increase to any employee upon leaving the upon leaving the employment of the Town after July 1, 1984 (provided that the employee was employed by the Town on or before July 1, 1984); and that said deferred increase shall be granted on the date of separation so that the average salary of the employee's last three years will be equal to the average salary of the last three years as if an actual 5% salary and wage increase was granted on July 1, 1984.
ART. 67 ATM 6/21/93
This provision shall be implemented and funded notwithstanding any existing or future position classification and pay plan and Section 19 of Title I Article 6 of the Town bylaws. Any amount necessary to fund this provision shall be taken from existing or future budgets. Effective July 1, 1991 a deferred salary increase to any employee upon leaving the employment of the Town after July 1, 1993, (provided that the employee was employed by the Town on January 1, 1993) and that said deferred increase shall be granted on the date of separation so that the average salary of the employee's last three years will be equal to the average salary of the last three years as if an actual 2% salary and wage increase was granted on July 1, 1991, i.e. a six percent (6%) adjustment made to last paycheck if employee leaves after July 1, 1994.
Section 19. Merit Compensation Plan
Schedule M, Merit Compensation Plan (Special Town Meeting - 4/28/75).
Section 20. Personnel Department
Various personnel and personnel-related functions may be consolidated in the Personnel Department for the purposes of efficiency and cost-effectiveness. Nothing in the foregoing, however, shall be construed to derogate or diminish the statutory duties, powers and responsibilities of the Arlington Contributory Retirement Board as established by Chapter 32 of the General Laws.
Section 21. Benefits for Town Treasurer/Collector and Town Clerk
ART. 24 STM 11/17/93
Notwithstanding the fact that the elected positions of the Town Treasurer/ Collector and Town Clerk are not included in the Classification and Compensation Plans, those individuals who are elected to same shall be entitled to vacation leave and sick leave as provided in Title I, Article 6, Sections 12 and 13, respectively to the same extent as if said positions were so included.
It is the intention of the Town that any person having occupied the position of Town Clerk and Treasurer/Collector since the Annual Election in February of 1984 shall be entitled to the accumulation of sick leave as provided by Title I, Article 6, Section 13 retroactive to the date of their first having been elected to the position of Clerk and Treasurer/Collector respectively. All effected officials shall certify the number of days accrued to date to the Personnel Director and thereafter on a yearly basis.
Said elected officials shall likewise be entitled to all provisions of Section 14, 15, 16, 17, 18, 22A, and 22B, of this Article, as applicable, and the longevity benefit shall be the same as provided for positions in Schedule M of the Classification and Compensation Plan.
Section 22. Other Regulations
A. Lunch Period
The lunch period shall not exceed one hour.
B. Record of Payments
All payments made for any absence, regardless of nature, will be so noted on the payroll and employee's attendance record. The department head shall be responsible for the accuracy of such record.
C. No Conflict
Nothing in this By-Law shall be construed to conflict with the General Laws of the Commonwealth of Massachusetts.
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ARTICLE 7: FINANCE COMMITTEE
Section 1. Composition
The members of the Finance Committee shall be appointed for terms of three years each. In any year when the term of any member expires, his successor shall be appointed for a term of three years. The said terms shall expire on the seventh day after the final adjournment of the annual town meeting but the members shall respectively continue to act as such until their successors are appointed.
Section 2. Absences
If any member of the Finance Committee is absent from three or more successive meetings, the other members of the committee may by the affirmative vote of each of a majority of its members request the Appointing Committee to remove such absenting member from his membership and the Appointing Committee may thereafter by a majority vote so remove such member and may notify him by mail of such removal. The Appointing Committee shall then promptly fill the vacancy so created by appointing a successor for the remainder of the term for which such member was appointed.
Section 3. Eligibility
ART. 5 STM 11/30/88
No person holding either elective or appointive town office other than Town Meeting membership and no town employee shall be eligible to serve on said committee.
ART. 15 ATM 4/29/92
Provided however, that nothing herein shall prohibit a member of said committee from serving on another committee, board or commission when such service is required by a provision of the Bylaws or a vote of the Town Meeting.
Section 4. Duties
The committee shall consider all articles contained in any warrant except articles on zoning upon which the zoning by-law requires a report to be made to the Town by the Planning Board and those articles which do not require or request an appropriation of money, which articles shall be considered and a report made to the Town by the Board of Selectmen.
Said committee shall make recommendations, and shall report in print, if possible at or prior to each town meeting, but the omission of said committee so to consider, recommend and/or report shall not affect the validity of any vote or other action at any town meeting. The committee shall also make such general suggestions, criticisms and recommendations as it may deem expedient. Nothing contained in this section shall preclude the Committee from considering, if it sees fit, articles which do not require or request an appropriation of money.
Section 5. Transfer of Funds
At the request of the Town Manager, Board of Selectmen, Board of Assessors, Treasurer, Comptroller, Clerk, or Retirement Board, the Finance Committee may by majority vote authorize a transfer of funds within a department budget between personal services, expenses, and capital outlay, notwithstanding the fact that a sum certain for said line items has previously been voted by Town Meeting, provided, however, that no such transfer shall be made to fund salary increases. The committee shall have authority to vote transfers from the reserve fund as provided in Section 6 of Chapter 40 of the General Laws as amended.
Section 6. Audit Power
The committee shall have power and authority to examine the books and records of any town board or official, so far as the same is permitted by law, and all boards and officers shall submit to the committee, at the same time they are submitted to the Town Accountant, copies of their estimates for the ensuing year in budget form.
Section 7. Executive Secretary
The Finance Committee shall annually appoint a person who is not one of its members as executive secretary for the term of one year. The said Committee shall define his duties and fix his salary.
Section 8. Officers and Vacancies
Except as herein otherwise provided, the committee shall have power to elect its own officers. All vacancies in the membership of said committee shall be filled by the Appointing Committee.
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ARTICLE 8: DISPOSAL OF TOWN PROPERTY
No official or employee of the Town shall dispose of any material or other personal property belonging to the Town without permission being granted by a vote of the Town, subject to the following exception.
Any department, board, or committee of the Town may sell or otherwise dispose of scrap material or other discarded personal property belonging to the Town which is within the jurisdiction or control of such department, board, or committee, provided such department, board, or committee in its sound discretion first determines that a just and reasonable value for such property does not exceed $500.
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ARTICLE 9: COMMUNITY ANTENNA TELEVISION
Section 1. Definitions
The following terms shall, for the purpose of this section, have the following meanings, unless the context otherwise requires:
"Person" shall include a natural person and every form of organization incorporated or unincorporated, except the Town of Arlington.
"Community antenna television system" or "CATV system," a facility which receives and amplifies the signals broadcast by one or more television stations and redistributes such signals to subscribing members of the public for a fixed or periodic fee, employing wires or cables passing along, over, under, across and upon streets, ways, lanes, alleys, parkways, bridges, highways and other public places, including property over which the town has an easement or right-of-way; it includes facilities which in addition to providing such reception, amplification and redistribution, are also used to originate and distribute program material and transmit any other intelligence by electronic impulses to such subscribers.
"Permit" shall mean any license, franchise, or other form of permission granted, for the establishment of CATV system.
Section 2. Town Authorized to Establish CATV System
Notwithstanding the foregoing, the town, acting by and through the Board of Selectmen, under the authority of Section 6 or Article LXXXIX of the Amendments to the Constitution of the Commonwealth, is hereby authorized to establish and maintain a CATV system. The Selectmen may contract for or employ such persons as it deems necessary to establish, manage, operate or maintain the whole or any part of a CATV system, and to compensate persons for any services rendered or property delivered, provided that such compensation remains subject to appropriation by the town meeting and any borrowing remains subject to the laws relating thereto; and further provided that ownership of the assets shall not be alienated.
Section 3. Purpose and Severability
The purpose of this section is to preserve and promote the peace, good order, safety, health, convenience and general welfare of the town. If any part thereof is held invalid, such invalidation shall not affect any other part.
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ARTICLE 10: CIVIL DEFENSE
Section 1. Department of Civil Defense
There is hereby established a department of civil defense (hereinafter called the "department"). It shall be the function of the department to have charge of civil defense as defined in Section 1, Chapter 639, Acts of 1950 and to perform civil defense functions as authorized or directed by said chapter or by any and all executive orders or general regulations promulgated thereunder, and to exercise any authority delegated to it by the governor under said Chapter 639.
Section 2. Director of Civil Defense
The department shall be under the director of a director of civil defense (hereinafter called the 'director') who shall be appointed as prescribed by law. The director shall have direct responsibility for the organization, administration and operation of the department, subject to the direction and control of the appointing authority, and shall receive such salary as may be fixed from time to time by the appointing authority. The director, may, within the limits of the amount appropriated therefor, appoint such experts, clerks and other assistants as the work of the department may require and may remove them, and may make such expenditures as may be necessary to execute effectively the purposes of Chapter 639, Acts of 1950. The director shall also have authority to appoint district coordinators and may accept and may receive, on behalf of
the town, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, offered by the federal government or any agency or officer thereof or any person, firm or corporation, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans.
Section 3. Civil Defense Advisory Council
There is hereby established a civil defense advisory council (hereinafter called the "council"). Said counsel shall serve without pay and shall consist of the director of civil defense, such other department heads and such other persons as the authority appointing said director may deem necessary, Such member of said council as said appointing authority shall designate shall serve as chairman of said council. Said council shall serve subject to the direction and control of the appointing authority and shall advise said appointing authority and the director on matters pertaining to civil defense.
Section 4. Police Aid to other Cities and Towns in Event of Riots or other Violence Therein
The police department is hereby authorized to go to aid another city or town at the request of said city or town in the suppression of riots or other forms of violence therein.
Section 5. Termination of By-Law
This By-Law shall remain in force during the effective period of Chapter 639, Acts of 1950 and any act in amendment or continuation or substitution therefor, or until repealed by a two-thirds vote of a representative town meeting duly called for such purpose.
Section 6. Definition
All references to Chapter 639, Acts of 1950, as now in force, shall be applicable to any act or acts in amendment or continuation of or substitution for said Chapter 639.
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ARTICLE 11: PROGRAM BUDGET (ART. 13. ATM – 4/30/12)
Deleted
ARTICLE 12: DATA PROCESSING DEPARTMENT
Section 1 Consolidated Information Technology Department
The Town, pursuant to Section 23D of Chapter 41 of the General Laws hereby establishes a consolidated town-wide Information Systems and Technology Department, which will be under the general supervision of the Town Manager.
The Director of the Information Systems and Technology shall be appointed by the Town Manager. The Director of Information Systems and Technology shall see to the day-to-day responsibilities of the department.
Section 2 Functions.
The functions of the Information Systems and Technology Department shall be considered as falling into three broad categories: (i) Town and School hardware, networking, telecommunications and software infrastructure support;
(ii) Town and School Administrative Applications, Implementation, Training and Support; and
(iii) School Academic Applications Implementation, Training
and Support. The first two categories shall be under the management of the Town Manager, and the third category shall be under the management of the Superintendent of Schools.
ARTICLE 13: INDEMNIFICATION OF TOWN OFFICIALS FOR LEGAL EXPENSES
ART. 3, STM 1/25/88
Section 1. Indemnification of Officials
The Town shall indemnify all Town Officials from legal expenses incurred in the defense of any claim, action, award, compromise, settlement, or judgement in an amount not to exceed $100,000. if such official at the time of the act or omission to act that gave rise to such claim, action, award, compromise, settlement or judgment, was acting within the scope of his or her official duties or employment; provided that such official reasonably cooperates with the Town in the negotiation, investigation and defense of any claim or action brought as a result of such act or omission. No such official shall be indemnified under this section for violation of any civil rights, whether brought pursuant to any federal or state enactment, if he or she acted in a grossly negligent, willful, malicious, or intentional manner.
Section 2. Repayment of Expenses
It shall not be necessary for temporary indemnification for legal expenses that a final judicial adjudication be had that characterizes the nature of the conduct of the official sued. However, in the event that a court of final jurisdiction determines that said official's conduct constituted a violation of the civil rights of an individual and moreover that said violation was intentional, grossly negligent, willful, or malicious, said official shall be obligated to repay any legal expenses hereunder. Any official indemnified hereunder shall agree in writing to such repayment before money is made available to him or her hereunder.
Section 3. Legal Representation
The defense and settlement of any such claim shall be undertaken or negotiated by the Town Counsel or his designee, in which case no legal expense indemnification will be necessary. However, in the event that the Town Counsel determines that a conflict of interest has arisen or is likely to arise by his or her mutual defense of the Town and the official(s), the official(s) shall not be defended by the Town Counsel or his or her designee but may seek outside counsel for such defense. The expense born by the official for outside counsel shall be born by the Town unless the Board of Selectmen, after consultation with the Town Counsel, shall deem said legal fees to be unreasonable in amount, in which event said legal fees shall be subject to the fee arbitration procedure of the Massachusetts Bar Association.
Section 4. Other Statutes
Nothing in the section shall be deemed to limit the effect of any indemnification statute applicable to the Town or its officials at the time of any such act or omission. This section shall apply to any settlement or judgment made in compliance with this section on or after the date this article becomes effective.
Section 5. Legal Defense Fund
To effectuate the purpose of this By-law, the Town shall consider for appropriation at all subsequent Annual Town Meetings, and may at any Special Town Meeting, occurring after the effective date of this By-law, a fund to be named the Legal Defense Fund, and which shall be carried on the books of the Town as such. Any appropriation of any Town Meeting into this fund shall be carried forward on the books of the Town notwithstanding the expiration of any fiscal year. Expenditures from this fund shall be authorized by written approval of same by the Town Counsel.
Section 6. Definition
For purposes of this By-law Town Official shall mean any Town employee and elected and appointed officials.
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ARTICLE 14: RECYCLING PROGRAM
ART. 69, ATM 4/30/90
Section 1. Curbside Collection
ART. 28 ATM 5/1/95
The Town shall establish a mandatory curbside collection program for recycling. Those items which are to be collected by the Town or its designee must first be segregated at curbside by the owner of such items. The Town Manager shall from time to time establish a list of items for which segregation and collection will be made for recycling purposes.
Section 2. Yard Waste
ART. 35 A.T.M. 5/1/91
Subject to the time periods hereinafter provided no leaves or yard waste shall be picked up by the Town unless they are secured in a biodegradable paper bag and/or container approved for such use by the Director of Public Works. Pick up of leaves and yard waste shall be limited to a time period in the Fall and Spring respectively as designated by the Director. Leaf pickup will commence in the Fall of 1991, and yard waste in the Spring of 1993.
Section 3. Recycling and Source Reduction in Town Facilities
ART 22, ATM 4/28/99
The Town shall continually work to establish programs for the recycling of a variety of
materials in Town buildings, schools and other facilities. In addition, all Arlington departments, including schools, shall take efforts to reduce the volume and toxicity of waste whenever practical.
Section 4. Purchasing of Recycled Products
ART 22, ATM 4/28/00
The Town of Arlington and the School Department, in pursuing their commitment to
minimizing the Town' s environmental impact, shall purchase items consistent with applicable law that are environmentally preferable and made of recycled products whenever such products meet its quality and performance requirements, are available at reasonable prices and terms, and when adequate competition exists.
Examples of such recycled products may include, but are not limited to: office and janitorial paper products, office supplies, construction materials, paint, furnishings, refined oil, and retread tires.
A. Recycled paper purchases (ABuy Recycled@ Program)
All Town Departments shall purchase copy paper and stationery which contain post-consumer recycled content that meets federal and state standards.
The Town shall also make every effort to purchase other paper products that contain recycled content in accord with federal standards.
The Town shall ensure that all paper product materials procured by Town departments are printed on recycled paper which meets federal or state standards for post-consumer recycled content whenever practical. Town departments shall encourage all printing contractors to place the recycling symbol in all printed documents.
B. Tracking of Results
The Coordinator shall report annually to the Board of Selectmen and the Arlington Recycling Committee as to the Town=s purchases of recycled products and the on-going recycling programs.
Section 5. Recycling Coordinator
The Town Manager shall designate a Recycling Coordinator for the Town.
Section 6. Discontinuation
Any or all of these programs may be discontinued if they are not cost effective. In making this determination for any program, the Town Manager is required to consider whether the costs of the program, reduced by the revenue derived from the sale of recycled material, if applicable, exceeds the costs of the pre-existing system. In the event that he so finds that the program is not cost effective, the Town Manager shall so recommend to the Board of Selectmen in writing. Upon approval of said recommendation by the Board of Selectmen and with advice from the Recycling Committee, the program shall be discontinued. The Board of Selectmen shall report on the progress of this recycling program at the annual Town Meeting.
Section 7. Additional Regulations
ART. 35 A.T.M. 5/1/91
The Board of Public Works may enact rules and regulations concerning recycling consistent with the provisions hereof. The Rules and Regulations of the Board of Public Works are hereby incorporated by reference. Any violations thereof will be subject to the Noncriminal Disposition Procedure. The enforcing person shall be any police officer of the Town and any individual designated as such by the Director of Public Works. Violations of the Rules and Regulations shall be punished by a fine of $20.00 each and every violation to be considered a separate offense.
ARTICLE 15: CONSIDERATION OF VISION 2020 GOALS
ART. 20 ATM 5/5/93
All Town officials including, but not limited to the Board of Selectmen, Town Manager, School Committee, and Superintendent of Schools shall consider the Goals of Vision 2020 as delineated in Article 19 of the 1993 Annual Town Meeting, or as same is subsequently amended by any future town meeting, in establishing their respective policies and in performing their various public functions.
ARTICLE 16: CONSTRUCTION PROJECTS
ART. 15 , A.T.M. 4/22/96
Section 1. Women Work Force Participation
Any Town board or official in charge of a construction or reconstruction project is required to include in the contract documents the following:
ART. 17, A.T.M. 4/28/99
A. The contractor shall maintain as a goal on this project a not less than five percent ratio of women work force to total project hours in both the general contract and individual filed sub-bid contract, if applicable.The preceding sentence shall be included in all construction contracts whether entered into the Town pursuant to the provisions of M.G.L. c.149 or M.G.L. c.30 §.39M, et seq., provided however, that if entered into under Chapter 30 same shall not be deemed to apply where the projected bid price as determined by the Director of Public Works is not likely to exceed $200,000.
B. A Labor Scheduling Table which will be used as a tool for achieving a range of women work force participation for the entire project in both the general contract and each individual filed sub-bid contract.
Section 2. Equal Opportunity Goal Compliance
Any Town board or official in charge of a construction or reconstruction project is required to include in the contract documents the following:
ART. 16 A.T.M. 4/24/96; ART. 17, A.T.M. 4/28/99
A. Before starting work, the contractors (includes general contractor, for itself and its subcontractors, as well as all filed sub-bid contractors, if applicable) will submit plans for achievement of the equal opportunity goals of the contract. All contractors will be required to make a good faith effort to achieve these goals. The plan will indicate if the contractors expect to achieve the requirements during the first quarter. If there are reasons why the contractors do not expect to achieve the requirements during the first quarter year of the contract construction phase, then the contractors shall provide a plan calculated to address, to the extent reasonably possible, these obstacles to a good faith effort to achieve such goals.
B. Not more than ten days following the end of each work quarter, the contractors will report on the achievement of the goals, detailing the good faith efforts that have been made and will continue to be made and any other appropriate efforts not yet undertaken.
C. All reports will be signed by an officer or principal of the company who has the authority to contractually obligate the company.
Section 3. Recruitment and Training
ART. 53 ATM 5/19/97
Any board, officer, committee, or other agency of the Town, which acts on behalf of the Town in making or supervising any contract, in an amount exceeding the sum of $100,000 for the purchase of goods or services or for the construction, renovation, or repair of buildings or other improvement of real estate, may make arrangements with contractors and other interested agencies for special programs of recruitment and training in connection with the work to be performed on such contract, with the objective of promoting equal employment opportunity for members of minority groups protected by the fair employment laws of the Commonwealth and the United States. Any board, officer, committee or other Town agency may expend Town funds in carrying them out provided that appropriations specifically designed for such purposes have been voted by the Town
Meeting.
ART. 32, ATM 5/14/03
Section 4. LEED
It is the intent of the Town to reduce the life-cycle operating costs and increase the environmental efficiency of Town buildings, by adopting the goal that all construction of new Town buildings and major renovations and additions to existing Town buildings meet or exceed a Silver Certification based on the most current criteria of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System promulgated by the United States Green Building Council, or comparable scoring system. The Town shall include a minimum of LEED Silver Certification, or equivalent level in comparable building scoring system, as a required element in requests for proposal or bids it issues soliciting architectural design services for construction, major renovation, and addition to its buildings, unless the Permanent Town Building Committee
makes the finding that such certification is not in keeping with the use or purpose of the building or is otherwise inappropriate. No building project shall be deemed complete until LEED Silver Certification or greater, or equivalent, has been confirmed, unless the PTBC makes the finding that such certification is not in keeping with the use or purpose of the building or is otherwise inappropriate.
ART. 18, ATM 4/00, ART. 32 ATM 5/14/03
ARTICLE 17: FINANCIAL INFORMATION
It shall be the responsibility of the Town Treasurer, Board of Assessors and
Town Comptroller to annually provide with one of the quarterly tax bills information such as: tax attributable to the property tax levy, tax attributable to debt exclusions, tax attributable to any MWRA debt service, changes in assassed property values over the last two or more years, and changes in tax levies over the last two or more years.
ART. 32, ATM 4/01
ARTICLE 18: SUBMISSION OF MINUTES
All boards, committees, and commissions, however established, shall submit copies of approved minutes of their meetings for inclusion in the Minutes file at the Robbins Library, within forty-five days of each meeting of such body. In addition, all boards, committees and commissions listed on the Town's web site on the date of enactment of this bylaw, and all subsequent additions to said list, shall also submit approved minutes to the Town's webmaster within the same forty-five day period. All boards, committees and commissions which do not meet between June and September, may file approved minutes of their June meetings within fifteen days of their first meetings in September.
That the Town Manager shall provide copies of approved minutes of the North East Solid Waste Committee to the Town's web site and the Minutes file at the Robbins Library within forty-five days of said committee's meetings.
ART. 22, ATM 4/02
ARTICLE 19 -- FUEL-EFFICIENT VEHICLES
When the Town purchases motor vehicles for its municipal operations, each vehicle purchased must be the most fuel-efficient model available that will fulfill the intended municipal function; provided that the vehicle also meets other normal procurement criteria, including price and reliability. Nothing contained herein shall be construed to derogate from the authority and discretion of the procurement officer of the Town acting pursuant to the Uniform Procurement Law, Chapter 30B of the General Laws.
ARTICLE 20 -- NOTICE TO ABUTTERS
It shall be the responsibility of the Town Manager to notify all abutters and within his discretion other residents and businesses in the neighborhood of any planned construction of Town owned buildings when such construction is likely to have a detrimental impact as to noise, traffic or other effects of such construction or reconstruction. The purpose of such notification will be to forewarn said residents and business in order that they may participate with Town officials on minimizing such detrimental impacts.
ART. 27, ATM 05/08
ARTICLE 21: MUNICIPAL CHARGES LIENS
(ART. 26, ATM – 05/06/2009), (ART. 23, ATM – 05/27/11)
In accordance with Chapter 40, Section 58, of the General Laws, Municipal Charges Liens may be placed on real property located within the Town of Arlington related to the following Town charges:
a) parking-violation charges
b) motor-vehicle excise taxes
c) rental charges for town or school property and facilities
d) public-safety details
e) license, permit, and inspection fees
f) charges assessed for snow and ice removal under Title III, Article 1, Sections 24, 25, and 26 of these Bylaws
upon non-payment of any such charge by its due date and upon request to the Town Treasurer by the municipal board or officer empowered to issue the license, permit, or certificate or to render the service or to perform the work for which the charge is assessed.
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