Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4237 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4722 FILED ON: 12/6/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 4237
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marcus S. Vaughn
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act approving the town of Wrentham home rule charter as amended.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marcus S. Vaughn9th Norfolk12/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex12/8/2023 1 of 49
16	16	HOUSE DOCKET, NO. 4722 FILED ON: 12/6/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 4237
18	18	By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 4237) of
19	19	Marcus S. Vaughn and Rebecca L. Rausch (by vote of the town) for legislation to amend the
20	20	charter of the town of Wrentham. Municipalities and Regional Government. [Local Approval
21	21	Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act approving the town of Wrentham home rule charter as amended.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Notwithstanding any other general or special law to the contrary, the
31	31	2following shall be the charter of the town of Wrentham:
32	32	3 ARTICLE I TOWN INCORPORATION, FORM OF GOVERNMENT AND POWERS
33	33	4 Section 1.1 INCORPORATION
34	34	5 The inhabitants of the town of Wrentham within the corporate limits as established by
35	35	6law shall continue to be a body corporate and politic with perpetual succession under the name
36	36	7"Town of Wrentham".
37	37	8 Section 1.2 SHORT TITLE
38	38	9 This instrument shall be known and may be cited as the Wrentham Home Rule Charter.
39	39	10 Section 1.3 DEFINITIONS 2 of 49
40	40	11 As used in this charter, the following words shall, unless the context clearly requires
41	41	12 otherwise, have the following meanings:
42	42	13 (a)"Board of assessors", the duly elected board of assessors for the town of
43	43	14Wrentham.
44	44	15 (b)"Board of health", the duly elected board of health for the town of Wrentham.
45	45	16 (c)"Select board ", the duly elected select board for the town of Wrentham.
46	46	17 (d)"Building commissioner", the duly appointed building commissioner for the town
47	47	18of Wrentham.
48	48	19 (e)"Board of trustees for the Wrentham public library" or "board of library trustees",
49	49	20shall be the duly elected board of trustees for the Wrentham public library.
50	50	21 (f)"Capital budget planning committee", the duly appointed capital budget planning
51	51	22committee for the town of Wrentham.
52	52	23 (g)"Charter", this charter and any amendments to it hereafter adopted.
53	53	24 (h)"Days", business days, not including Saturdays, Sundays, and legal holidays when
54	54	25the time set is less than 7 days; provided, however, that when the time set is 7 days or more,
55	55	26every day shall be included.
56	56	27 (i)“Director of planning and economic development (‘town planner’),” the duly
57	57	28appointed director of the town’s planning department 3 of 49
58	58	29 (j)“Director of public works”, the duly appointed director of the town’s department
59	59	30of public works.
60	60	31 (k)"Emergency", a sudden, unexpected, unforeseen happening, occurrence, event or
61	61	32condition which necessitates immediate action.
62	62	33 (l)"Fire chief', the duly appointed fire chief for the town of Wrentham.
63	63	34 (m)"Finance committee", the duly appointed finance committee for the town of
64	64	35Wrentham.
65	65	36 (n)"Finance director", the duly appointed finance director for the town of Wrentham.
66	66	37 (o)"King Philip Regional School District school committee", the duly elected school
67	67	38committee of the King Philip Regional School District.
68	68	39 (p)"Local newspaper", a newspaper of general circulation in the town of Wrentham.
69	69	40 (q)"Majority vote", a majority of the full membership of a multiple member body,
70	70	41unless this charter or the General Laws require a greater number.
71	71	42 (r)"Multiple member body", any town board, commission, committee,
72	72	43subcommittee, or other body consisting of 2 or more persons whether elected, appointed or
73	73	44otherwise constituted.
74	74	45 (s)"Personnel board", the duly appointed personnel board for the town of Wrentham.
75	75	46 (t)"Planning board", the duly elected planning board for the town of Wrentham.
76	76	47 (u)"Police chief, the duly appointed police chief of the town of Wrentham. 4 of 49
77	77	48 (v)"Residents", persons who maintain a primary residence in the town of Wrentham.
78	78	49 (w)"School department", the Wrentham public schools.
79	79	50 (x)"Town", the town of Wrentham.
80	80	51 (y)"Town agency", any board, commission, committee, department, division or
81	81	52office of the town government.
82	82	53 (z)"Town bulletin boards", bulletin boards in the town hall, designated by the town
83	83	54manager, on which official notices are posted and those at other town buildings or facilities
84	84	55which may be designated as town bulletin boards.
85	85	56 (aa)"Town clerk", the duly appointed or elected town clerk.
86	86	57 (bb)"Town counsel", the duly appointed general legal counsel for the town appointed
87	87	58by the select board.
88	88	59 (cc)"Town manager", the duly appointed town manager for the town.
89	89	60 (dd)"Town meeting", the open town meeting established in Article 2, whether annual
90	90	61or special.
91	91	62 (ee)"Town moderator", or "moderator", the duly elected town moderator.
92	92	63 (ff)"Town officer", a person having charge of an office or department of the town
93	93	64who, in the exercise of the powers or duties of that position, exercises some portion of the
94	94	65sovereign power of the town.
95	95	66 (gg)"Voters", registered voters of the town. 5 of 49
96	96	67 (hh)"Warrant", a document required to warn and notify residents and inhabitants of
97	97	68the town, who are qualified to vote in town affairs, to meet at a specific place to act on published
98	98	69articles relating to the governance of the town.
99	99	70 (ii)"Wrentham Housing Authority", the duly elected town housing authority.
100	100	71 (jj)"Wrentham public school committee", is the duly elected committee of the
101	101	72Wrentham public schools.
102	102	73 Section 1.4 POWERS OF THE TOWN
103	103	74 Subject only to express limitations on the exercise of any power or function by a
104	104	75municipality in the constitution or laws of the commonwealth, it is the intent and the purpose of
105	105	76the voters to secure through the adoption of this charter all of the powers it is possible to secure
106	106	77for a municipal government under the constitution and laws of the commonwealth.
107	107	78 Section 1.5 DIVISION OF POWERS
108	108	79 All legislative powers of the town shall be exercised by a town meeting open to all
109	109	80voters. The administration of all town fiscal, prudential and municipal affairs shall be vested in
110	110	81the executive branch headed by the select board, the town manager and elected officers and
111	111	82boards.
112	112	83 Section 1.6 CONSTRUCTION
113	113	84 The powers of the town of Wrentham under this charter are to be construed liberally in its
114	114	85favor and the specific mention of any particular power is not intended to limit in any way the
115	115	86general powers of the town of Wrentham as stated in section 1.4. 6 of 49
116	116	87 Section 1.7 INTERGOVERNMENTAL RELATIONS
117	117	88 Consistent with any applicable constitutional or statutory provisions, the town may
118	118	89exercise any of its powers or perform any of its functions and may participate in the financing
119	119	90thereof, with any 1 or more civil divisions, subdivisions or agencies of any state or the United
120	120	91States government.
121	121	92 ARTICLE II - LEGISLATIVE BRANCH
122	122	93 Section 2.1 TOWN MEETING
123	123	94 The legislative powers of the town shall be exercised by a town meeting open to all
124	124	95voters of the town.
125	125	96 Section 2.2 PRESIDING OFFICER
126	126	97 The moderator, elected as provided in section 3.3, shall preside at all sessions of the town
127	127	98meeting, but the moderator shall have no vote unless those voters present and voting are equally
128	128	99divided. In the event of the absence or disability of the moderator, the town meeting shall elect
129	129	100from those voters present at the town meeting a temporary moderator to act during such absence
130	130	101or disability. The moderator shall perform such duties as may from time to time be assigned to
131	131	102the office of moderator by by-law, rule, or other vote of the town meeting. The moderator, at all
132	132	103town meetings, shall regulate the proceedings, decide all questions of order, make public
133	133	104declaration of all votes, and may exercise such additional powers and duties as may be
134	134	105authorized by law, this charter, by by-law or other vote of the town meeting.
135	135	106 Section 2.3 THE TOWN REPORT 7 of 49
136	136	107 The select board shall publish an annual town report and make it available at least 14
137	137	108days before the spring town meeting; provided, however, that failure to comply with this section
138	138	109shall not prevent the town meeting from proceeding.
139	139	110 Section 2.4 TOWN MEETING
140	140	111 The town meeting shall meet in regular session twice in each calendar year. The first such
141	141	112meeting, referred to as the "spring town meeting", shall be held between the months of March
142	142	113and June, inclusive, on a date fixed by by-law, and shall be primarily concerned with the
143	143	114determination of matters involving the expenditure of town funds, including, but not limited to,
144	144	115the adoption of an annual operating budget for all town agencies. The spring town meeting shall
145	145	116be deemed to be the annual town meeting. The second such meeting, referred to as the "fall town
146	146	117meeting", shall be held during the last 3 months of the calendar year. The content, scheduling
147	147	118and notice requirements for both the spring and the fall town meetings shall be as provided for in
148	148	119section 10 of chapter 39 of the General Laws.
149	149	120 Section 2.5 SPECIAL TOWN MEETINGS
150	150	121 Special town meetings shall be held at the call of a majority of the full membership of the
151	151	122select board in order to transact the legislative business of the town. Special town meetings shall
152	152	123be held in accordance with section 10 of chapter 39 of the General Laws.
153	153	124 Section 2.6 WARRANTS
154	154	125 Every town meeting shall be called by a warrant issued by the select board, which shall
155	155	126state the time and place at which the meeting is to convene and, by separate articles, identify the 8 of 49
156	156	127subject matters to be acted upon. The publication of the warrant for every town meeting shall be
157	157	128in accordance with the General Laws and town by-laws.
158	158	129 Section 2.7 WARRANT ARTICLES
159	159	130 (a)Initiation - Subject to subsection (c), the select board shall receive petitions
160	160	131addressed to it which request the submission of any matter to the town meeting, and which are
161	161	132filed by:
162	162	133 i. any town officer;
163	163	134 ii.any multiple member body acting by a majority of its members; or
164	164	135 iii.any 10 voters for a session of the annual town meeting and any 100 voters for a
165	165	136special town meeting.
166	166	137 (b)Referral - Following receipt of a petition containing a proposed warrant article,
167	167	138the select board shall deliver a copy of the proposal to the chairperson of the finance committee
168	168	139and shall distribute copies of the proposal as may be required by the law or by-law.
169	169	140 (c)Inclusion on the Warrant Annual Town Meeting - When an annual town meeting
170	170	141is to be called, notice shall be given by posting attested copies of the warrant in at least 2 public
171	171	142places in the town and by publishing notice of the meeting by such method of town-wide
172	172	143publication that the town may specify by by-law at least 14 days before the day appointed for the
173	173	144meeting. The select board shall include in the warrant for an annual town meeting the subject
174	174	145matters of all petitions received by the select board at least 60 days before the date fixed by by-
175	175	146law for such session to convene. 9 of 49
176	176	147 (d)Inclusion on the Warrant - Special Town Meeting - When a special town meeting
177	177	148is to be called, notice shall be given by posting attested copies of the warrant in at least 2 public
178	178	149places in the town and by publishing notice of the meeting by such method of town-wide
179	179	150publication that the town may specify by by-law at least 14 days before the day appointed for the
180	180	151meeting. The select board shall include in the warrant for a special town meeting the subject
181	181	152matters of all petitions received by the select board at least 20 days before the day appointed for
182	182	153the meeting. The content, scheduling and notice requirements for a special town meeting shall be
183	183	154as provided for in section 10 of chapter 39 of the General Laws.
184	184	155 (e)Signature Verification — The process for signature verification for written
185	185	156requests of registered voters for the insertion of subjects in town meeting warrants shall be as
186	186	157provided for in section 10 of chapter 39 of the General Laws.
187	187	158 Section 2.8 AVAILABILITY OF TOWN OFFICIALS AT TOWN MEETINGS;
188	188	159CONFLICTING MEETINGS
189	189	160 (a)Every chairperson or designated representative of each multiple member body
190	190	161that has sponsored an article on the warrant, elected town officer and department head should
191	191	162attend all sessions of town meetings.
192	192	163 (b)In the event an elected town officer, a chairperson of a multiple member body or a
193	193	164department head shall be absent from a town meeting due to illness or other reasonable cause,
194	194	165that person shall designate a deputy to attend the meeting and represent the office, multiple
195	195	166member body or department. If any person designated to attend a town meeting under this
196	196	167section is not a voter, such person shall, nonetheless, have a right to address the meeting for the
197	197	168purpose of fulfilling the objectives of this section. 10 of 49
198	198	169 (c)Except for meetings held in the same room as the town meeting, no meeting of
199	199	170any multiple member body or town agency shall be convened or be in session during a session of
200	200	171any town meeting.
201	201	172 Section 2.9 CLERK OF THE MEETING
202	202	173 The town clerk shall serve as clerk of the town meeting, give public notice of all
203	203	174adjourned sessions of the town meeting, record its proceedings, and perform such additional
204	204	175duties in connection therewith as may be provided by the law, this charter, by-law or other town
205	205	176meeting vote.
206	206	177 Section 2.10 RULES OF PROCEDURE
207	207	178 The town meeting may, by by-law, establish, amend, revise or repeal rules to govern the
208	208	179conduct of all town meetings.
209	209	180 Section 2.11 GENERAL POWERS AND DUTIES
210	210	181 The town meeting shall provide for the exercise of all the powers of the town and for the
211	211	182performance of all duties and obligations imposed upon the town for which no other provision is
212	212	183made by law, this charter or by-law.
213	213	184 Section 2.12 REPORT OF THE VOTERS
214	214	185 (a)There shall be published for every town meeting a copy of the warrant, together
215	215	186with its articles, and a report to the voters containing the explanation and relevant data submitted
216	216	187by the proponents of each article; provided, however, that the town manager may direct that
217	217	188voluminous supporting material necessary for consideration of particular articles be made
218	218	189reasonably available for inspection at public locations or on the town's official web site, rather 11 of 49
219	219	190than in the written report to the voters, before the town meeting. All proposed warrant articles
220	220	191shall be accompanied by the required explanation and relevant data at the time of submission.
221	221	192The town manager shall determine what material is required under this section to prepare the
222	222	193report to the voters and shall make the same available as soon as practicable.
223	223	194 (b)The report shall be made available to residents of the town, by a method
224	224	195determined by the town manager; provided, however, that the failure to make the report available
225	225	196shall not prohibit a town meeting from acting upon the matters set forth in the warrant and shall
226	226	197not affect the validity of the proceedings at a town meeting.
227	227	198 ARTICLE III ELECTED OFFICERS
228	228	199 Section 3.1 GENERAL PROVISIONS
229	229	200 (a)The offices to be voted on by the entire town shall be the select board, the
230	230	201moderator, the Wrentham public school committee, the town of Wrentham members of the King
231	231	202Philip Regional School District school committee, the board of assessors, the board of health, the
232	232	203planning board, the board of trustees of the Wrentham public library, 4 members of the
233	233	204Wrentham Housing Authority, constables and such members of regional authorities or districts
234	234	205as may be established by statute, inter-local agreement or otherwise.
235	235	206 (b)The regular elections for town office shall be held annually on such date as may
236	236	207from time to time be fixed in the town by-laws.
237	237	208 (c)Only residents shall be eligible to hold an elected town office. No elected town
238	238	209official shall simultaneously hold any other town office, whether by election or appointment. 12 of 49
239	239	210 (d)Elected town officials shall receive such compensation for their services as may
240	240	211be appropriated.
241	241	212 (e)Filling of Vacancies:
242	242	213 i. Moderator - If there is a failure to elect a town moderator, or if a vacancy occurs
243	243	214in the office of town moderator, the town meeting shall, as its first act, elect a temporary
244	244	215moderator. Any member of town meeting may nominate a candidate. As a minimum assurance,
245	245	216the select board shall nominate at least 1 candidate willing to serve. The town clerk shall preside
246	246	217over the town meeting until a temporary moderator is elected. Once elected, the temporary town
247	247	218moderator shall serve until the next town election.
248	248	219 ii.Elected Multiple Member Body - If there is a failure to elect a member of a
249	249	220multiple member body, or if a vacancy occurs in the membership of an elected multiple member
250	250	221body, the remaining members of that multiple member body shall give notice of such vacancy to
251	251	222the select board and to the public. The select board and the remaining members of the multiple
252	252	223member body shall, after 1 week's notice of the vacancy, fill the vacancy until the next town
253	253	224election by a joint vote. The affirmative votes of the majority of the persons entitled to vote on
254	254	225the vacancy shall be necessary for the election.
255	255	226 iii.Select board - If there is a failure to elect a member of the select board, or if a
256	256	227vacancy occurs in the membership of the select board, the remaining members of the select board
257	257	228may call a special election to fill the vacancy or shall call the special election upon the written
258	258	229request of 200 or more voters; provided, however, that such request is filed with the select board
259	259	230not less than 100 days prior to the date of the next annual election. 13 of 49
260	260	231 iv.Notwithstanding a town officer's election by the voters, a town officer named in
261	261	232this section shall be subject to the call of the select board or the manager, at all reasonable times,
262	262	233for consultation, conference and discussion on any matter relating to the officer's position.
263	263	234 Section 3.2 SELECT BOARD
264	264	235 (a)There shall be a select board consisting of 5 members elected at-large for a term
265	265	236of 3 years, so arranged that the terms of office of as nearly an equal number of members as is
266	266	237possible shall expire each year. No person shall serve on the select board while at the same time
267	267	238serving as a town employee.
268	268	239 (b)Powers and Duties — The select board shall be responsible for the formulation
269	269	240and promulgation of policy directives and guidelines to be followed by all town agencies serving
270	270	241under it and, in conjunction with elected town officers and multiple member bodies, to develop
271	271	242and promulgate policy guidelines designed to coordinate the operation of all town agencies;
272	272	243provided, however, that nothing in this section shall be construed to authorize any member of the
273	273	244select board, nor a majority of such members, to become involved in the day-to-day
274	274	245administration of any town agency. It is the intention of this provision that the select board shall
275	275	246act only through the adoption of broad policy guidelines, which are to be implemented by
276	276	247officers and employees serving under it. The select board shall serve as the goal-setting, long-
277	277	248range planning and policy-making body of the town, recommending major courses of action to
278	278	249the town meeting and adopting operating policy directives and guidelines to be implemented by
279	279	250officers, boards, committees, commissions, and employees of the town.
280	280	251 (c) Investigations — The select board may direct the town manager to investigate
281	281	252the affairs of the town and the conduct of any town department, office or agency, including any 14 of 49
282	282	253doubtful claims against the town, and, for this purpose, the town manager, by and through the
283	283	254select board, may subpoena witnesses, administer oaths, take testimony and require the
284	284	255production of evidence. A summary report of such an investigation shall be placed on file in the
285	285	256office of the town clerk.
286	286	257 (d)Collective Bargaining — For the purpose of collective bargaining under chapter
287	287	258150E of the General Laws, the• select board shall remain the chief executive officer of the town
288	288	259and the town manager shall be the agent of the select board for collective bargaining.
289	289	260 (e) Licensing Authority — The select board shall be a licensing board for the town
290	290	261and shall have the power to:
291	291	262 i. issue licenses as authorized by the General Laws;
292	292	263 ii. make all necessary rules and regulations regarding the issuance of such licenses;
293	293	264 iii. attach conditions and impose permissible restrictions on any such licenses as it
294	294	265deems is in the public interest; and
295	295	266 iv. enforce all laws, rules, regulations, and restrictions relating to all such businesses
296	296	267for which it issues licenses.
297	297	268 (f)Public Comment — The select board shall provide at each regularly scheduled
298	298	269select board meeting a portion of time for public comment. The procedures for public comment
299	299	270may be as provided by town by-law or rules of procedure of the select board as may from time to
300	300	271time be adopted or amended. 15 of 49
301	301	272 (g)Official Acts — The select board shall cause the charter, by-laws and rules and
302	302	273regulations for the government of the town to be enforced and shall keep an up-to-date record of
303	303	274all its official acts.
304	304	275 (h)Appointments — The select board have the authority to appoint:
305	305	276 i. the town manager, in accordance with section 4.1; and
306	306	277 ii. a conservation commission, zoning board of appeals, council on aging, local
307	307	278cultural council and any other entities as required by the General Laws. The terms of office of all
308	308	279appointments made by the select board shall be as specified by the General Laws, this charter,
309	309	280by-law or town meeting vote, unless specified otherwise in this charter.
310	310	281 Section 3.3 TOWN MODERATOR
311	311	282 (a)There shall be a town moderator elected for a term of 1 year.
312	312	283 (b)Powers and Duties — The town moderator shall be the presiding officer of the
313	313	284town meeting, shall regulate town meeting proceedings, decide all questions of order, and shall
314	314	285have such other powers and duties as may be provided for by law, this charter, by-law and other
315	315	286vote of the town meeting.
316	316	287 (c)Appointments — The town moderator shall appoint the finance committee, the
317	317	288capital budget planning committee and shall participate in the appointment of the personnel
318	318	289board with the chairperson of the board of select board and chairperson of the finance committee.
319	319	290 Section 3.4 WRENTHAM PUBLIC SCHOOL COMMITTEE 16 of 49
320	320	291 (a)There shall be a Wrentham public school committee consisting of 5 members,
321	321	292each elected for a 3-year term so arranged that the terms of as nearly an equal number of
322	322	293members as is possible shall expire each year.
323	323	294 (b)Powers and Duties — The Wrentham public school committee shall have all the
324	324	295powers and duties that are given to school committees by the General Laws, including, but not
325	325	296limited to, collective bargaining and it shall have such additional powers and duties as may be
326	326	297authorized by this charter, by by-law or by other town meeting vote. The powers of the
327	327	298Wrentham public school committee shall include, but are not limited to, the following:
328	328	299 i. to appoint or discharge a superintendent of the schools and other officers as
329	329	300allowed by the General Laws and to fix such officers' and superintendent's compensation, define
330	330	301the duties of such officers and the superintendent and make rules concerning the tenure of those
331	331	302offices;
332	332	303 ii.to make all reasonable policies consistent with the General Laws or state
333	333	304department of education regulations for the administration and management of the public school
334	334	305system and for the conduct of its own business and affairs;
335	335	306 iii.to adopt and to oversee the administration of an annual operating budget for the
336	336	307school department, subject to appropriation by the town meeting;
337	337	308 iv.charge and superintendence of all school buildings and grounds and shall furnish
338	338	309all school buildings with proper fixtures, furniture and equipment; provided further, that the
339	339	310school committee shall provide ordinary maintenance of all school buildings and grounds, unless
340	340	311a central municipal maintenance department, which may include maintenance of school 17 of 49
341	341	312buildings and grounds, is established by the charter, by-law or other vote of the town meeting;
342	342	313and
343	343	314 v. to determine that additional classrooms are necessary to meet the educational
344	344	315needs of the community, and then at least 1 member of the school committee, or a designee, shall
345	345	316serve on the agency, council or committee to which the planning or construction of such new,
346	346	317remodeled or renovated school building is delegated.
347	347	318 Section 3.5 BOARD OF ASSESSORS
348	348	319 a. There shall be a board of assessors which shall consist of 3 members, each elected
349	349	320for a term of 3 years, so arranged that 1 term shall expire each year.
350	350	321 b. Powers and Duties — The board of assessors shall annually make a fair cash
351	351	322valuation of all property, both real and personal, within the town and, subject to the terms or
352	352	323limitations of this charter, shall have all of the powers and duties which are given to boards of
353	353	324assessors under the constitution and laws and such additional powers and duties as may be
354	354	325authorized by charter, by-law or other vote of the town meeting.
355	355	326 Section 3.6 BOARD OF HEALTH
356	356	327 a. There shall be a board of health which shall consist of 3 members, each elected
357	357	328for a term of 3 years, so arranged that 1 term shall expire each year.
358	358	329 b. Powers and Duties — The board of health shall be responsible for the formulation
359	359	330and enforcement of rules and regulations affecting the environment and the public health and,
360	360	331subject to the terms or limitations of this charter, shall have all of the powers and duties which 18 of 49
361	361	332are given to boards of health under the constitution and laws and such additional powers and
362	362	333duties as may be authorized by charter, by-law or by other vote of the town meeting.
363	363	334 Section 3.7 PLANNING BOARD
364	364	335 (a)There shall be a planning board consisting of 7 members, each elected for a term
365	365	336of 3 years, so arranged that the term of office of as nearly an equal number as is possible shall
366	366	337expire each year.
367	367	338 (b)Powers and Duties - The planning board, subject to the terms or limitations of this
368	368	339charter, shall have all of the powers and duties planning boards may have under the constitution
369	369	340and laws and such additional powers and duties as may be authorized by charter or by-law or by
370	370	341other vote of the town meeting.
371	371	342 (c)The planning board shall make careful studies of the resources, possibilities and
372	372	343needs of the town and shall make plans for the development of the town. The planning board
373	373	344shall provide for the review of the comprehensive master plan every 10 years, setting forth in
374	374	345graphic and textual form policies governing the future growth and development of the town,
375	375	346including the town's economic and community development.
376	376	347 (d)The planning board shall regulate the subdivision of land within the town by
377	377	348adoption of rules and regulations governing such development and the administration of such
378	378	349rules and regulations. The planning board shall make recommendations to the town meeting on
379	379	350all matters affecting land use and development, including the zoning by-laws of the town. The
380	380	351planning board shall prepare an annual report, giving information regarding the condition of the
381	381	352town and any plans or proposals for the town's development. 19 of 49
382	382	353 Section 3.8 BOARD OF LIBRARY TRUSTEES
383	383	354 a. There shall be a board of library trustees consisting of 6 members, each elected
384	384	355for a term of 3 years, so arranged that the term of office of an equal number of members shall
385	385	356expire each year.
386	386	357 b. Powers and Duties — The board of library trustees shall have custody of and
387	387	358manage the public library and all property of the town related to the library. All funds and
388	388	359property that the town may receive by gift or bequest for the purpose of library support or
389	389	360maintenance shall be administered by the board in accordance with the gift or bequest. The board
390	390	361of library trustees, subject to the terms or limitations of this charter, shall have all the other
391	391	362powers and duties which are given to boards of library trustees under the constitution and laws
392	392	363and such additional powers and duties as may be authorized by this charter, by-law or other town
393	393	364meeting vote.
394	394	365 Section 3.9 CONSTABLES
395	395	366 a. There shall be 3 constables, each elected for a term of 3 years.
396	396	367 b. Powers and Duties — Constables may serve writs and processes and shall have
397	397	368the powers of sheriffs to require aid in the execution of the constables' duties. The constables
398	398	369shall serve all warrants and other processes directed to them by the select board for notifying of
399	399	370town meetings or for other purposes. Constables may serve by copy, attested to by them,
400	400	371demands, notices and citations and the constables' returns of service thereof shall be prima facie
401	401	372evidence of the delivery. Subject to the terms or limitations of this charter, constables shall have
402	402	373all of the powers and duties which are given to constables under the constitution and laws and 20 of 49
403	403	374such additional powers and duties as may be authorized by the charter, by-law or other vote of
404	404	375the town meeting.
405	405	376 Section 3.10 WRENTHAM HOUSING AUTHORITY
406	406	377 (a)There shall be a Wrentham Housing Authority which shall consist of 5
407	407	378commissioners, each serving for a term of 5 years, so arranged that the term of 1 commissioner
408	408	379shall expire each year. Four such commissioners shall be elected by the voters and the fifth
409	409	380commissioner shall be appointed as provided in section 5 of chapter 121B of the General Laws.
410	410	381 (b)Powers and Duties — The Wrentham Housing Authority shall make studies of the
411	411	382housing needs of the community and shall provide programs to make available housing for
412	412	383families of low income and for elderly and disabled persons of low income. The Wrentham
413	413	384Housing Authority shall have such other powers and duties as are assigned to housing authorities
414	414	385by the General Laws.
415	415	386 Section 3.11 KING PHILIP REGIONAL SCHOOL DISTRICT - WRENTHAM
416	416	387MEMBERS
417	417	388 (a)The voters shall elect members of the King Philip Regional School District school
418	418	389committee for such terms as may be provided under the agreement and laws establishing the
419	419	390school district.
420	420	391 (b)Powers and Duties — The town's members of the King Philip Regional School
421	421	392District school committee shall fulfill the town's responsibilities relative to the management and
422	422	393supervision of the school district according to the agreement and laws governing the school
423	423	394district. 21 of 49
424	424	395 Section 3.12 RECALL PROVISIONS
425	425	396 Recall provisions shall be in accordance with chapter 74 of the acts of 2008, as may be
426	426	397amended.
427	427	398 ARTICLE IV TOWN MANAGER
428	428	399 Section 4.1 APPOINTMENT; QUALIFICATIONS; TERM
429	429	400 (a)The select board shall, by an affirmative vote of the majority of the full board,
430	430	401appoint or reappoint a town manager for a term of 3 years and fix the compensation of the town
431	431	402manager within the amount annually appropriated for this purpose. When a vacancy occurs in the
432	432	403office of town manager, the select board shall appoint a town manager search committee to
433	433	404identify qualified candidates for the position. The town manager shall be appointed principally
434	434	405on the basis of executive and administrative qualifications and experience. The town manager
435	435	406shall be a professionally qualified person of proven ability, especially fitted by education, which
436	436	407shall consist of at least a bachelor's degree from an accredited degree-granting college or
437	437	408university, and the town manager's professional experience shall include previous, full-time,
438	438	409compensated service in a managerial capacity in public or business administration.
439	439	410 (b)The position of town manager shall be a full-time position and the best efforts of
440	440	411the town manager shall be devoted to the office. The town manager shall not hold any other
441	441	412public office, elective or appointive, except in an ex officio capacity. The town manager shall not
442	442	413engage in any business or occupation without the written approval of the select board in advance. 22 of 49
443	443	414 (c)The select board shall provide for an annual review of the job performance of the
444	444	415town manager, which shall, at least in summary form, be a public record in accordance with the
445	445	416personnel by-laws or accepted evaluation process.
446	446	417 (d)Prior to appointment, the town manager shall not have served in an elected office
447	447	418in the town government for at least 12 months.
448	448	419 Section 4.2 POWERS OF APPOINTMENT
449	449	420 a. For departments that fall under the jurisdiction of the select board, the town
450	450	421manager shall have the following appointing authorities:
451	451	422 i. select for appointment department heads for police, fire, public works, finance,
452	452	423building inspection, recreation, senior center, the conservation agent and any other department
453	453	424under the jurisdiction of the select board; provided, however, that such appointments shall
454	454	425become effective on the fifteenth day following the day on which notice of the appointment is
455	455	426filed with the select board , unless, within that period, the select board , by a vote of at least 3 of
456	456	427its members, reject such appointment or has sooner voted to affirm it; and
457	457	428 ii.appoint a search committee for each department head vacancy; provided,
458	458	429however, that the town manager shall appoint to each search committee a representative of the
459	459	430board, commission, council or committee associated with the department head as chosen by
460	460	431such board, commission, council or committee.
461	461	432 b. For departments that are not within the jurisdiction of the select board, the town
462	462	433manager shall have the following appointing authority: 23 of 49
463	463	434 i. select for appointment the appraiser, planner, health agents and inspectors, library
464	464	435director and any other department head not within the jurisdiction of the select board ; provided,
465	465	436however, that appointments to such positions shall become effective on the fifteenth day
466	466	437following the day on which notice of the appointment is provided by the town manager to the
467	467	438board of assessors, planning board, board of health or board of library trustees or such other
468	468	439board associated with the department head, unless, within that period, the appropriate board
469	469	440votes to reject the appointment by majority vote or has sooner voted to affirm it; and
470	470	441 ii.appoint a search committee for each department head vacancy; provided,
471	471	442however, that the town manager shall appoint to each search committee a representative of the
472	472	443board, commission, council or committee associated with the department head as chosen by such
473	473	444board, commission, council or committee.
474	474	445 c. Subject to this section, the town manager shall be the appointing authority for all
475	475	446town employees, except fire fighters, police officers and emergency medical technicians. All
476	476	447candidates for employment and promotion shall be recommended by the associated department
477	477	448head to the town manager. The town manager shall also have appointing authority for all
478	478	449professional, legal, technical and operational positions, including contractors and consultants and
479	479	450other such positions not otherwise provided for in this charter as may be created by the General
480	480	451Laws, this charter, by-law or by vote of the town, with the exception of town counsel, which
481	481	452shall be appointed by the select board.
482	482	453 Section 4.3 RESPONSIBILITIES 24 of 49
483	483	454 The town manager shall be the chief administrative officer of the town, directly
484	484	455responsible to the select board for the administration of all town affairs for which the office of
485	485	456town manager is given responsibility under this charter.
486	486	457 The powers and duties of the town manager shall include, but be limited to, the
487	487	458following:
488	488	459 i. to supervise, direct and be responsible for the efficient administration of all
489	489	460functions and activities for which the office of town manager is given authority, responsibility or
490	490	461control by this charter, by-law, vote of the town meeting, vote of the select board or otherwise;
491	491	462 ii.to administer the town's personnel by-laws, including, but not limited to,
492	492	463personnel policies and practices, rules and regulations, including provisions for recruitment, an
493	493	464annual employee performance review, employee grievance procedures and discipline, workplace
494	494	465safety and collective bargaining agreements entered into by the town; provided, however, that
495	495	466notwithstanding any provision to the contrary contained in any by-law, with the exception of
496	496	467those employees for whom the police chief or fire chief is the appointing authority, no
497	497	468employee, contractor or consultant of the town shall be terminated without the approval of the
498	498	469town manager;
499	499	470 iii.to fix the compensation of all appointed officers and employees within the limits
500	500	471established by appropriation;
501	501	472 iv.to attend all regular and special meetings of the select board, unless unavailable
502	502	473for reasonable cause; provided, however, that the town manager shall have a voice but not a vote
503	503	474in all select board proceedings; 25 of 49
504	504	475 v. to keep the select board advised concerning the status of all matters which have
505	505	476been referred to the office of the town manager by the select board, by providing the board
506	506	477members with a full and complete summary of all activities conducted by the office of the town
507	507	478manager since the last meeting of the select board at each regular meeting of the select board;
508	508	479 vi.to assure that full and complete records of the financial and administrative
509	509	480activities of the town are kept and to render as often as may be required by the select board, but
510	510	481not less frequently than quarterly, a full report of all town administrative operations during the
511	511	482period reported on;
512	512	483 vii.to keep the select board advised as to the needs of the town and shall recommend
513	513	484to the select board and other elected town officers and agencies for adoption such measures
514	514	485requiring action by the select board or elected town officers or agencies or by the town meeting,
515	515	486as the town manager may deem necessary or expedient;
516	516	487 viii.to have full jurisdiction over the rental and use of all town facilities and property,
517	517	488except property under the control of the Wrentham public school committee; provided, however,
518	518	489that the town manager shall be responsible for the maintenance and repair of all town buildings
519	519	490and facilities placed under the town manager's control by this charter, by-law, vote of the town or
520	520	491otherwise;
521	521	492 ix.to prepare and present an annual operating budget for the town and a proposed
522	522	493capital outlay program for the next 5 fiscal years and, in conjunction with the same, prepare and
523	523	494maintain a strategic plan for the future provisions of services by all town agencies as changes are
524	524	495projected in the town's population, financial demands, revenue projections, legal requirements,
525	525	496technological options, cultural opportunities and other relevant factors; 26 of 49
526	526	497 x. to assure that a full and complete inventory of all property of the town, both real
527	527	498and personal, is kept, including all property under the jurisdiction of the Wrentham public school
528	528	499committee and the board of library trustees;
529	529	500 xi.to act as the chief procurement officer, as required by chapter 30B of the General
530	530	501Laws, responsible for the purchase of all commonly used supplies, materials, equipment and
531	531	502services, except books and other educational materials for schools and books, equipment and
532	532	503other media materials for the library, and shall approve the award of all contracts for all town
533	533	504departments except for those matters under the jurisdiction of the school department or the board
534	534	505of library trustees;
535	535	506 xii.to negotiate and enter into all contracts involving any subject within the
536	536	507jurisdiction of the office of town manager, including, but not limited to, legal services and
537	537	508insurance contracts and contracts with town employees, but not including collective bargaining
538	538	509agreements and all school department contracts;
539	539	510 xiii.to examine, or cause to be examined, the quantity, quality and condition of all
540	540	511supplies, materials and equipment delivered to or received by any town agency; provided,
541	541	512however, that the town manager shall be responsible for the disposal of all supplies, materials
542	542	513and equipment which have been declared surplus by any town agency, except for property under
543	543	514the control of the school department or the board of library trustees;
544	544	515 xiv.to see that the General Laws, this charter, town by-laws and other votes of the
545	545	516town meeting and votes of the select board which require enforcement by the town manager, or
546	546	517officers subject to the direction and supervision of the town manager, are faithfully executed,
547	547	518performed or otherwise carried out; 27 of 49
548	548	519 xv.to inquire, at any time, into the conduct of an office or the performance of the
549	549	520duties of any officer or employee, department, board, commission or other town agency;
550	550	521 xvi.to attend all sessions of the town meetings and answer all questions raised by
551	551	522voters which relate to warrant articles and to matters over which the town manager exercises any
552	552	523supervision;
553	553	524 xvii.to establish, assign and reassign duties, functions and responsibilities of all town
554	554	525employees and to create, amend and maintain job descriptions and classification of pay plans of
555	555	526said employees; provided, however, that for the purposes of this clause, "all employees" shall not
556	556	527apply to fire fighters, police officers, emergency medical technicians and employees under the
557	557	528jurisdiction of the Wrentham public school committee;
558	558	529 xviii.to generally coordinate the activities of all town agencies; provided, however,
559	559	530that, for the purpose of affecting coordination and cooperation among all agencies of the town,
560	560	531the town manager shall have the authority to require persons so elected, or their representatives,
561	561	532to meet with the town manager, at reasonable times, to submit such reports of the town agency's
562	562	533doings and summaries of actions taken as may be deemed to be necessary or desirable for the
563	563	534purpose of such coordination;
564	564	535 xix.to investigate the affairs of the town and the conduct of any town department,
565	565	536office or agency, including any doubtful claims against the town and, for this purpose, the town
566	566	537manager may subpoena witnesses, administer oaths, take testimony and require the production of
567	567	538evidence; provided, however, that a summary report of such an investigation shall be placed on
568	568	539file in the office of the town clerk; 28 of 49
569	569	540 xx.to perform any other duties as are required to be performed by the town manager
570	570	541by by-laws, administrative codes, votes of the town meeting, votes of the select board or
571	571	542otherwise;
572	572	543 xxi.to issue warrants for the payment of town funds; provided, however, that the town
573	573	544manager's signature on warrants shall be sufficient authorization for payment of those warrants
574	574	545by the treasurer- collector, provided the bills, drafts, orders and payrolls have been properly
575	575	546submitted and have been examined and approved by the director of finance; provided further,
576	576	547that in the temporary absence of the town manager, warrants may be approved and signed by the
577	577	548person designated by the town manager pursuant to section 4.4 or by at least 3 members of the
578	578	549select board; and provided further, that in the event of a vacancy in the office of the town
579	579	550manager, warrants may be approved and signed by a person designated by the select board
580	580	551pursuant to section 4.4 or by at least 3 members of the select board; and
581	581	552 xxii.to investigate, pursue, promote where beneficial to the town and negotiate, subject
582	582	553to ratification by the select board, all inter- municipal agreements.
583	583	554 Section 4.4 ACTING TOWN MANAGER
584	584	555 (a)Temporary Absence — By letter filed with the town clerk, the town manager shall
585	585	556designate a qualified town administrative officer or employee to exercise the powers and perform
586	586	557the duties of town manager during a temporary absence. During a temporary absence the select
587	587	558board may not revoke such designation until at least 10 days have passed, whereupon the select
588	588	559board may appoint another qualified town administrative officer or employee to serve until the
589	589	560town manager shall return. 29 of 49
590	590	561 (b)Vacancy — Any vacancy in the office of the town manager shall be filled as soon
591	591	562as possible by the select board; provided, however, that pending such regular appointment, the
592	592	563select board shall appoint a qualified administrative officer to perform the duties of the office on
593	593	564an acting basis. Such temporary appointment may not exceed 3 months, but 1 renewal may be
594	594	565voted by the select board not to exceed an additional 3 months. Compensation for such person
595	595	566shall be set by the select board.
596	596	567 (c)Powers and Duties — The powers of temporary or acting town manager, under
597	597	568subsections (a) and (b), shall be limited to matters which shall not be delayed and shall include
598	598	569authority to make temporary, emergency appointments or designations to town offices or
599	599	570employment, but not to make permanent appointments or designations.
600	600	571 Section 4.5 REMOVAL AND SUSPENSION
601	601	572 a. The select board may, by the affirmative vote of 4 members, terminate and
602	602	573remove or suspend, for cause, the town manager from office in accordance with the following
603	603	574procedure. "For cause" shall mean incompetency, inefficiency, incapacity, conduct unbecoming
604	604	575an employee of the town, neglect of duty or any other ground put forth by the select board that is
605	605	576not arbitrary, irrational, unreasonable or irrelevant to the sound and efficient administration of
606	606	577the town.
607	607	578 b. The select board shall adopt a preliminary resolution of removal by an affirmative
608	608	579vote of 4 members, which must state the reasons for removal. This preliminary resolution may
609	609	580suspend the town manager for a period not to exceed 45 days. A copy of the resolution shall be
610	610	581delivered to the town manager. 30 of 49
611	611	582 c. Within 5 days after receipt of the preliminary resolution, the town manager may
612	612	583request a public hearing by filing a written request for such hearing with the select board. This
613	613	584hearing shall be held at a meeting of the select board not later than 30 days, nor earlier than 20
614	614	585days, after the request is filed. The town manager may file a written statement responding to the
615	615	586reasons stated in the resolution of removal with the select board, provided the same is received at
616	616	587its office more than 48 hours in advance of the public hearing.
617	617	588 d. The select board may adopt a final resolution of removal, which may be made
618	618	589effective immediately, by the affirmative vote of 4 of its members not less than 10, nor more
619	619	590than 21 days, following the date of delivery of a copy of the preliminary resolution to the town
620	620	591manager, if the town manager has not requested a public hearing; or within 10 days following the
621	621	592close of the public hearing if the town manager has requested such a hearing. Failure to adopt a
622	622	593final resolution of removal within the time periods as provided in this section shall nullify the
623	623	594preliminary resolution of removal and the town manager shall, at the expiration of said time,
624	624	595resume the duties of the office.
625	625	596 e. Faced with action by the select board to terminate, remove or suspend, the town
626	626	597manager shall be afforded all of the provisions provided municipal employees under sections 18
627	627	598to 25, inclusive of chapter 30A of the General Laws, known as the open meeting law.
628	628	599 f. The action of the select board in suspending or removing the town manager shall
629	629	600be final, it being the intention of this section to vest all authority and fix all responsibility for
630	630	601such suspension or removal solely in the select board.
631	631	602 ARTICLE V ADMINISTRATIVE ORGANIZATION
632	632	603 Section 5.1 ORGANIZATION OF TOWN AGENCIES 31 of 49
633	633	604 Town meeting may, by by-law:
634	634	605 (a)reorganize, consolidate, create, merge, divide or abolish any town agency, in
635	635	606whole or in part;
636	636	607 (b)establish new town agencies as it deems necessary or advisable; and determine the
637	637	608manner of selection, the term of office and prescribe the functions of all such town agencies;
638	638	609provided, however, that no function assigned by this charter to a particular town agency may be
639	639	610discontinued or, unless this charter specifically so provides, assigned to another town agency.
640	640	611The town manager may from time to time prepare and submit to the town meeting plans for
641	641	612organization or reorganization which establish operating departments for the orderly, efficient or
642	642	613convenient conduct of the business of the town.
643	643	614 Section 5.2 PERSONNEL BY-LAWS
644	644	615 The town shall maintain personnel by-laws pursuant to the authority granted by Article
645	645	616LXXXIX of the constitution of the commonwealth and sections 108A and 108C of chapter 41 of
646	646	617the General Laws. The personnel by-laws establish the human resources system for the town.
647	647	618 Section 5.3 MERIT PRINCIPLE
648	648	619 All appointments and promotions of town officers and employees shall be made solely on
649	649	620the basis of merit and fitness demonstrated by examination or other evidence of competence and
650	650	621suitability.
651	651	622 Section 5.4 TOWN CLERK
652	652	623 a. there shall be a town clerk elected for a term of 3 years; provided, however, that at
653	653	624town meeting, by 2/3 vote, the town may choose to have the town clerk appointed by the town 32 of 49
654	654	625manager to serve a term of up to 3 years and to take such other action necessary to transition the
655	655	626position of town clerk from an elected to appointed position. If town meeting votes to transition
656	656	627the town clerk to an appointed position the incumbent shall continue to hold the office and to
657	657	628perform the duties thereof until the expiration of the term for which said individual was elected
658	658	629or until said individual otherwise vacates such office.
659	659	630 b. The town clerk shall:
660	660	631 i. be the keeper of vital statistics for the town;
661	661	632 ii.be the custodian of the town seal;
662	662	633 iii.administer the oath of office to all persons elected or appointed to any office;
663	663	634 iv. issue such licenses and permits as are required by by-law to be issued by the
664	664	635town clerk;
665	665	636 v. supervise and manage the conduct of all elections and all other matters relating to
666	666	637elections; and
667	667	638 vi. be the clerk of the town meeting, keep the town meeting records and in the
668	668	639absence of the moderator, preside over the town meeting pending the election of a temporary
669	669	640moderator. The town clerk, subject to the terms or limitations of this charter, shall also have such
670	670	641other powers and duties as are given to town clerks by the General Laws, this charter, by-law or
671	671	642by other vote of the town meeting.
672	672	643 Section 5.5 POLICE DEPARTMENT 33 of 49
673	673	644 (a) Subject to this charter, the police chief and police department shall operate under
674	674	645section 97A of chapter 41 of the General Laws. The town manager shall appoint the police chief,
675	675	646subject to subsection b of section 4.2. Such appointment shall be for an indefinite term. The
676	676	647police chief, once appointed, may only be removed from office in accordance with section 7.5.
677	677	648 (b)The police chief shall be appointed on the basis of qualifications and fitness for
678	678	649service. The town manager, in consultation with the select board, shall determine the
679	679	650qualifications for appointment of the office of police chief; provided, however, that the town
680	680	651manager shall use an assessment process using not less than 3 police professionals, not employed
681	681	652by the town of Wrentham, in order to evaluate candidates for the position of police chief.
682	682	653 (c)The police chief shall be the appointing authority for all police officers in
683	683	654accordance with chapter 31 of the General Laws; provided, however, that the police chief shall
684	684	655use an assessment process to evaluate candidates and select superior officers above the rank of
685	685	656patrol officer.
686	686	657 (d)The town shall establish the position of police chief such that the police chief
687	687	658shall have those powers, duties and responsibilities provided by section 97A of chapter 41 of the
688	688	659General Laws, unless otherwise provided by this charter.
689	689	660 Section 5.6 FIRE DEPARTMENT
690	690	661 a. Subject to this charter, the fire department shall continue to operate under section
691	691	66242 of chapter 48 of the General Laws. There shall be a fire chief, who shall be appointed by the
692	692	663town manager subject to subsection (b) of section 4.2 and in accordance with chapter 31 of the
693	693	664General Laws and the rules made thereunder. 34 of 49
694	694	665 b. The fire chief shall be responsible for the appointment, management and
695	695	666supervision of personnel, shall be responsible for all operations of the fire department, shall serve
696	696	667as the town's forest fire warden and shall perform all fire related duties and tasks considered
697	697	668necessary by the town manager.
698	698	669 c. The fire chief shall be the appointing authority for fire fighters and emergency
699	699	670medical technicians, which appointments shall be in accordance with chapter 31 of the General
700	700	671Laws.
701	701	672 d. A deputy fire chief shall work under the direction of the fire chief and shall serve
702	702	673as acting fire chief in the absence of the fire chief.
703	703	674 Section 5.7 FINANCIAL DEPARTMENT
704	704	675 (a)There shall be a consolidated department of municipal finance as provided under
705	705	676section 11 of chapter 43C of the General Laws, which shall be responsible for all fiscal and
706	706	677financial affairs of the town and for the supervision and coordination of all activities of all
707	707	678government agencies in relation to any fiscal or financial matters. This department shall include
708	708	679the following existing entities which shall become divisions of the consolidated department:
709	709	680accountant, treasurer and tax collector.
710	710	681 (b)There shall be a finance director, who shall be appointed by the town manager
711	711	682subject to subsection (b) of section 4.2. The term of office of the finance director shall be for 3
712	712	683years. All other conditions of employment will be outlined in the town personnel by-laws. The
713	713	684finance director shall be fully qualified by training, experience and executive ability to discharge
714	714	685the duties of the office. 35 of 49
715	715	686 (c)The finance director shall have and exercise all powers and duties of the treasurer
716	716	687and collector or town accountant as defined under the constitution and the General Laws. The
717	717	688finance director shall ensure compliance with all appropriate statutes and be responsible for
718	718	689overall management of the town's investment portfolio. In addition, the finance director shall be
719	719	690responsible for collection of all accounts due the town, direct the town's financial operations,
720	720	691including the duties of town treasurer and tax collector, assist the town manager in the
721	721	692preparation of the annual budget and report periodically on the financial status of the town to the
722	722	693select board.
723	723	694 (d)The finance director shall be responsible to assure that all financial resources of
724	724	695the town are adequately safeguarded and utilized.
725	725	696 (e)The finance director shall be responsible for both short-term and long-term
726	726	697financial planning for the town.
727	727	698 (f)The finance director shall be an ex-officio member of the finance committee or
728	728	699any other committee established to advise the town meeting with respect to appropriations. The
729	729	700finance director may designate another financial officer or staff member to attend any meeting of
730	730	701any multiple member body to represent the views of the finance director.
731	731	702 (g)The finance director shall appoint all personnel necessary to staff the department
732	732	703as constituted herein with the approval of the town manager and shall supervise all department
733	733	704personnel. The treasurer and collector and town accountant may also exercise such additional
734	734	705duties, as may from time to time, be assigned to that office by by-law or by other vote of the
735	735	706town meeting.
736	736	707 (h)The finance director shall be responsible for the following functions 36 of 49
737	737	708 i. coordination of all financial services and activities of the town government;
738	738	709 ii.maintenance of all accounting records and other financial statements for all town
739	739	710governmental offices and agencies;
740	740	711 iii.the payment of all financial obligations on behalf of the town;
741	741	712 iv.the receipt of all funds due to the town from any source;
742	742	713 v. the rendering of advice, assistance and guidance to all other town offices and
743	743	714agencies in any matter relating to financial or fiscal affairs;
744	744	715 vi.the monitoring throughout the fiscal year of the expenditure of funds by town
745	745	716offices and agencies, including the periodic reporting to all such offices and agencies on the
746	746	717status of accounts with recommendations concerning fiscal and financial policies to be
747	747	718implemented by such offices and agencies; and
748	748	719 vii.supervision of all data processing functions and activities.
749	749	720 (i)Acting Financial Director — In the event of a vacancy in the office of finance
750	750	721director, or the temporary absence of the finance director due to illness or other cause, the town
751	751	722manager may appoint an acting finance director.
752	752	723 (j)Bond - The finance director shall give bond to the town with a surety company
753	753	724authorized to transact business in the commonwealth as surety, for the faithful performance of
754	754	725the duties of said office. The premium for such bond shall be paid by the town.
755	755	726 Section 5.8 DEPARTMENT OF PUBLIC WORKS 37 of 49
756	756	727 (a)There shall be a department of public works, headed by a director of public
757	757	728works, who shall be appointed by the town manager, subject to the provisions of subsection (b)
758	758	729of section 4.2. The director of public works shall be a person especially fitted by education,
759	759	730training or previous experience to perform the duties of the office.
760	760	731 (b)The director of public works shall be responsible for the supervision and
761	761	732coordination of all public works operations of the town which are placed under the director’s
762	762	733control by this charter, by-law, vote of the town or otherwise. Public works operations may
763	763	734include, but are not limited to:
764	764	735 i. the maintenance of town infrastructure, including town highways, water supply
765	765	736and distribution;
766	766	737 ii.wastewater treatment;
767	767	738 iii.parks and cemeteries; and
768	768	739 iv.refuse collection and disposal; and
769	769	740 v. forestry services.
770	770	741 (c)Other offices, the functions of which are related to a department of public works,
771	771	742may from time to time be assigned to the department in accordance with by-laws or an
772	772	743administrative code, as provided in section 5.1.
773	773	744 (d)The select board, acting through the town manager, shall be responsible for the
774	774	745overall policy decisions of the department of public works and for the establishment of priorities
775	775	746to govern the operation of the department; provided, however, that the select board shall not in
776	776	747any way become involved with the day-to-day operations of said department. 38 of 49
777	777	748 Section 5.9 DEPARTMENT OF INSPECTION
778	778	749 (a)There shall be a department of inspection headed by the building commissioner.
779	779	750The building commissioner shall act as inspector and enforcement officer of buildings and
780	780	751zoning and shall oversee the following inspection responsibilities:
781	781	752 i. weights and measures;
782	782	753 ii.wires;
783	783	754 iii.gas and plumbing;
784	784	755 iv.building; and
785	785	756 v. all other matters which are usual and customary for said office.
786	786	757 (b)The department of inspection, under the supervision of the building
787	787	758commissioner, shall provide for consolidation of inspection operations, coordination of
788	788	759functions, centralized planning of work assignment and distribution, timely inspection services,
789	789	760centralized record keeping and management of manpower resources.
790	790	761 (c)The town manager shall appoint the building commissioner, with select board
791	791	762approval, to a 3-year term and inspectors for weights and measures, wires and gas and plumbing
792	792	763for terms of 1 year, as established by by-law or vote of the town meeting. The town manager
793	793	764may appoint assistants to any of the referenced inspectors in this section as provided by town by-
794	794	765law or vote of the town meeting.
795	795	766 (d)During any period of time in which the board of health does not have a
796	796	767department head, the health agents shall coordinate day to day inspection schedules with the 39 of 49
797	797	768building commissioner. For the purpose of this section, health agents shall be those people who
798	798	769generally provide consultation and inspections for the board of health on matters involving on-
799	799	770site septic systems, drainage or any other matters which are associated with the construction,
800	800	771alteration or improvement of buildings. This section shall not apply to health agents who provide
801	801	772contract inspectional services for retail or food service establishments.
802	802	773 Section 5.10 DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
803	803	774 a. To best ensure the requisite level of collaboration for land use management for
804	804	775the town in the absence of a department of land use management, the following framework shall
805	805	776be established: The town may maintain a technical review committee (TRC) that shall act in an
806	806	777advisory capacity by helping development and permit applicants to identify the by-laws,
807	807	778requirements, rules and regulations with which such applicants are expected to comply. The TRC
808	808	779shall assist boards in the review of proposed projects. The TRC shall be chaired by the town
809	809	780planner, or the town manager in the absence of a director of planning and economic
810	810	781development, and its composition and responsibilities shall be further established by by-law.
811	811	782 b. The town shall maintain a development and permitting handbook or guide that
812	812	783provides a description of the scope and responsibilities for each board, commission or
813	813	784department with land use responsibilities. Said handbook or guide shall provide an overview of
814	814	785common application processes or workflows, this includes instructions for easily viewing status
815	815	786of the applications by all involved in the application process. The handbook or guide shall be
816	816	787maintained by the town planner, unless otherwise stipulated by by-law.
817	817	788 c. The town may incorporate by by-law the practice of common peer review for the
818	818	789purpose of providing uniform and consistent outside consulting or peer review of projects and 40 of 49
819	819	790development in the town that requires permits or approvals by 2 or more of land use related
820	820	791boards, commissions or departments. Common peer review shall be defined and its uses further
821	821	792described by by-law.
822	822	793 Section 5.11 OTHER DEPARTMENTS
823	823	794 The town may establish other departments as necessary in order to provide services for
824	824	795town residents including, but not limited to, departments for recreation, the library and a senior
825	825	796center.
826	826	797 Section 5.12 COMMITTEES
827	827	798 (a)Committees may be established from time to time by town by-law, by the
828	828	799moderator or the select board. For all such committees, the appointing authority shall provide a
829	829	800committee charge which establishes the committee's membership, duration, terms of office,
830	830	801responsibilities and objectives, unless otherwise stated in the town's by-laws.
831	831	802 (b)Membership on committees shall be limited. No resident shall serve
832	832	803simultaneously on more than 1 of the following: select board, planning board, board of health,
833	833	804board of appeals and conservation commission. Residents serving on the finance committee shall
834	834	805not simultaneously serve as a town officer, on any multiple member body or to any appointment
835	835	806which annually seeks or requires funding from the town's operating budget.
836	836	807 ARTICLE VI FINANCE AND FISCAL PROCEDURES
837	837	808 Section 6.1 ANNUAL BUDGET DEVELOPMENT PROCESS
838	838	809 (a)Annually, the town manager shall establish and issue a budget development
839	839	810schedule and directions for preparing the proposed budget, which shall set forth the calendar 41 of 49
840	840	811dates, requested information and analysis relating to the development of the annual operating
841	841	812budget for the ensuing fiscal year. The town manager shall issue the budget development
842	842	813schedule at least 150 days prior to the date for the annual town meeting.
843	843	814 (b)Pursuant to the annual budget development schedule established in subsection (a),
844	844	815the town manager shall request and receive from the finance director and the board of assessors
845	845	816the estimated revenue for the ensuing fiscal year. Upon receipt of any additional specific fiscal
846	846	817data provided by the commonwealth or any other source, the above officials shall revise, update
847	847	818and submit the data to the town manager.
848	848	819 (c)The select board, after consultation with the town manager, shall issue a policy
849	849	820statement that shall establish the general guidelines for the next town budget.
850	850	821 (d)All department heads and all multiple member bodies shall submit detailed budget
851	851	822requests to the town manager as the budget calendar shall require.
852	852	823 (e)Prior to the scheduled date of the annual town meeting, the town manager shall
853	853	824submit to the select board and the finance committee a comprehensive proposed budget for all
854	854	825town functions for the ensuing fiscal year and an accompanying budget message.
855	855	826 (f)The budget message shall explain the proposed budget in fiscal terms and in terms
856	856	827of what specific projects are contemplated in the year ahead. It shall:
857	857	828 i. outline the proposed financial policies of the town for the ensuing fiscal year;
858	858	829 ii.describe the important features of the budget;
859	859	830 iii.indicate any major changes from the current fiscal year in financial policy,
860	860	831expenditures and revenues, together with the reasons for such changes; 42 of 49
861	861	832 iv.summarize the town's debt position;
862	862	833 v. include such other material as the town manager may deem appropriate; and
863	863	834 vi.identify other anticipated sources of funds, such as revolving funds, gifts or
864	864	835grants.
865	865	836 (g)The proposed budget shall provide a complete financial plan for all town funds
866	866	837and activities and shall be in such form as the town manager, in consultation with the finance
867	867	838director and the finance committee, may establish. The proposed budget shall indicate proposed
868	868	839expenditures for current operations and for capital projects during the ensuing year, detailed by
869	869	840each town agency and by specific purposes and projects.
870	870	841 (h)The select board shall, within 30 days following the submission of the proposed
871	871	842budget by the town manager, adopt such budget, with or without amendments, and shall submit it
872	872	843to the finance committee. The select board shall also transmit the budget request of the
873	873	844Wrentham public school committee, with its recommendations thereon, to the finance
874	874	845committee.
875	875	846 (i)The finance committee shall conduct 1 or more public hearings on the proposed
876	876	847budget, including the school budget, and shall issue printed recommendations and detailed
877	877	848explanations of all financial articles in an annual finance committee report, in accordance with
878	878	849by-law, prior to the scheduled date of the annual town meeting. In preparing its
879	879	850recommendations, the committee may require the town manager, any town department, office,
880	880	851board, commission or committee to appear and furnish it with appropriate additional financial
881	881	852reports and budgetary information. 43 of 49
882	882	853 (j)The finance committee shall present the proposed budget to town meeting.
883	883	854 Section 6.2 CAPITAL IMPROVEMENTS PLAN
884	884	855 (a) A capital budget planning committee shall study all proposed projects, capital
885	885	856investments and improvements involving long-term assets and major projects. The composition
886	886	857of the committee shall be established by by-law which shall also define the useful life and cost
887	887	858criteria for capital expenditures.
888	888	859 (b)All elected boards and officials, on behalf of their departments and committees,
889	889	860shall annually provide to the capital budget planning committee, in a format specified by the
890	890	861committee, information concerning all anticipated capital expenditures that require town meeting
891	891	862action during the ensuing 5 years, as well as any relevant documentation requested by the
892	892	863committee.
893	893	864 i. The capital budget planning committee shall prepare a capital improvement plan
894	894	865which: forecasts the town's capital budget requirements and anticipated funding mechanisms
895	895	866over the ensuing 5-year period; and recommends an annual capital budget. The capital
896	896	867improvements plan shall be updated and approved on a yearly basis by the capital budget
897	897	868planning committee. The capital improvements plan shall include, but not be limited to:
898	898	869 1. a list of all capital improvements proposed to be undertaken during each of the
899	899	870ensuing 5 fiscal years, with supporting information as to the need for each capital improvement;
900	900	871and
901	901	872 2. cost estimates, proposed methods of financing and recommended time schedules
902	902	873for each improvement. 44 of 49
903	903	874 (c) The capital budget planning committee shall submit the capital improvements
904	904	875plan annually to the town manager , who shall review it and forward it to the select board and
905	905	876finance committee with recommendations. The finance committee shall review the plan and
906	906	877make its recommendations. The select board may vote to accept the plan or return it to the capital
907	907	878planning committee for revision.
908	908	879 (d) Any proposal for a capital expenditure which is not included in the capital
909	909	880improvements plan shall be presented to the capital budget planning committee for consideration
910	910	881prior to the submission of the warrant article. capital improvements plan for any given year are
911	911	882warranted or necessitated by changing financial circumstances, the capital budget planning
912	912	883committee shall prepare a recommendation for town meeting.
913	913	884 (e)The finance committee shall present the proposed capital expenditures for the
914	914	885current fiscal year's capital improvements to the town meeting.
915	915	886 ARTICLE VII GENERAL PROVISIONS
916	916	887 Section 7.1 CHARTER CHANGES
917	917	888 This charter may be replaced, revised or amended in accordance with any procedures
918	918	889made available under the constitution and laws.
919	919	890 Section 7.2 RULES AND REGULATIONS
920	920	891 A copy of the rules and regulations adopted by a town agency shall be filed in the office
921	921	892of the town clerk within 5 days, or as otherwise specified by law.
922	922	893 Section 7.3 CHARTER REVIEW 45 of 49
923	923	894 At least once every 10 years, in each year ending in a 4, a special committee to consist of
924	924	895at least 5 members shall be established for the purpose of reviewing this charter and to make a
925	925	896report, with recommendations, to the town meeting concerning any proposed amendments which
926	926	897said committee may determine to be necessary or desirable. The committee shall be appointed by
927	927	898the select board and shall meet to organize following its appointment, which shall occur prior to
928	928	899the final adjournment of the spring town meeting.
929	929	900 Section 7.4 BY-LAW REVIEW
930	930	901 Unless the town maintains standing committees that are actively engaged in its charge,
931	931	902the select board shall at 5-year intervals, in each year ending in 0 or 5, cause to be prepared by a
932	932	903special committee appointed for that purpose, a proposed revision or recodification of all town
933	933	904by-laws, which shall be presented to the town meeting for enactment not later than at the fall
934	934	905town meeting in the year following the year in which the committee is appointed. The
935	935	906committee, in its final or its interim report, shall include recommendations for such substantive
936	936	907change in town by-laws as it deems necessary or advisable. The review of town by-laws shall be
937	937	908conducted with the participation of town counsel or by special counsel retained for that purpose.
938	938	909After enactment by the town meeting, copies of the revised by-laws shall be forwarded to the
939	939	910attorney general for approval and such by-laws shall be published, all as required by the General
940	940	911Laws. Copies of the revised by-laws shall be made available for distribution to the public.
941	941	912 Section 7.5 REMOVALS AND SUSPENSIONS
942	942	913 (a)Any appointed officer, member of a multiple member body or employee of the
943	943	914town, not subject to any specific provisions of the General Laws associated therewith, or covered
944	944	915by the terms of a collective bargaining agreement which provides a different method, and 46 of 49
945	945	916whether appointed for a fixed or an indefinite term, may be suspended or removed from office,
946	946	917without compensation, by the appointing authority for good cause. The term "good cause" shall
947	947	918include, but not be limited to, the following: incapacity other than temporary illness,
948	948	919inefficiency, insubordination and conduct unbecoming of the office.
949	949	920 (b)Any appointed officer, member of a multiple member body or employee of the
950	950	921town may be suspended from office by the appointing authority if such action is deemed by said
951	951	922appointing authority to be necessary to protect the interests of the town. Suspension may be
952	952	923coterminous with removal and shall not interfere with the rights of the officer or employee under
953	953	924the removal procedure stated in subsection (c).
954	954	925 (c)The appointing authority, when removing any officer, member of a multiple
955	955	926member body or employee of the town shall provide a written notice of the intent to remove and
956	956	927a statement of the cause of such removal which shall be delivered in hand, or by registered mail
957	957	928or certified mail, return receipt requested, to the last known address of the person sought to be
958	958	929removed. Within 5 days following the delivery of such notice, the officer, member of a multiple
959	959	930member body or employee of the town may request a public hearing at which such person may
960	960	931be represented by counsel, shall be entitled to present evidence, call witnesses and to question
961	961	932any witness appearing at the hearing. One to 10 days after the public hearing is adjourned, or if
962	962	933the officer, member of a multiple member body or employee of the town fails to request a public
963	963	934hearing 6 to 15 days after delivery of the notice of intent to remove, the appointing authority
964	964	935shall take final action, either removing the officer, member of a multiple member body or
965	965	936employee of the town or notifying such that the notice is rescinded. Failure of the appointing
966	966	937authority to take any action within the time periods stated in this section shall be deemed to be a 47 of 49
967	967	938rescission of the original notice and the officer, member of a multiple member body or employee
968	968	939of the town shall be reinstated.
969	969	940 (d)Nothing in this section shall be construed as granting a right to such a hearing
970	970	941when a person who has been appointed for a fixed term is not reappointed when the original term
971	971	942expires.
972	972	943 Section 7.6 LOSS OF OFFICE, EXCESSIVE ABSENCE
973	973	944 If any person appointed as a member of a multiple member body shall fail to attend 4 or
974	974	945more consecutive meetings, or 1/2 of all of the meetings of such body held in 1 calendar year, the
975	975	946remaining members of the multiple member body may, by a majority vote of the remaining
976	976	947members of such body, declare the office vacant; provided, however, that not less than 10 days
977	977	948prior to the date said vote is scheduled to be taken, the body has given in hand, or mailed by
978	978	949registered or certified mail, return receipt requested, notice of such proposed or pending vote to
979	979	950the last known address of such person.
980	980	951 SECTION 2. Except as provided for in the Wrentham Home Rule Charter, all persons
981	981	952appointed or elected to positions at town agencies shall continue to perform their duties until
982	982	953reappointed, reelected, retired or until successors to the respective positions are duly appointed
983	983	954or elected, or the duties have been transferred and assumed by another town agency in
984	984	955accordance with this charter.
985	985	956 SECTION 3. Except as otherwise provided by the Wrentham Home Rule Charter, all
986	986	957special laws including chapter 74 of the acts of 2008, town by-laws, town meeting votes and
987	987	958rules and regulations pertaining to the town in force when the charter takes effect and not
988	988	959specifically or by clear implication repealed as a result of the adoption of this charter, shall 48 of 49
989	989	960continue in full force and effect until amended or rescinded or until expired by its own limitation.
990	990	961If the Wrentham Home Rule Charter conflicts with town by-laws, the charter shall govern.
991	991	962 SECTION 4. Any person holding a town office or a position in the administrative service
992	992	963of the town, or any person holding full-time employment under the town, shall retain that office,
993	993	964position or employment and shall continue to perform the duties of that office, position or
994	994	965position of employment until provisions are made for the performance of those duties by another
995	995	966person or agency; provided, however, that no person in the permanent full-time service of the
996	996	967town shall forfeit a pay grade or time in the service of the town as a result of the adoption of the
997	997	968Wrentham Home Rule Charter; provided further, that this section shall not be deemed to provide
998	998	969any person holding an administrative office or position or person serving in the employment of
999	999	970the town on the effective date of this act with any greater rights or privileges with regard to
1000	1000	971continued service or employment with the town than that person had before the effective date of
1001	1001	972this act. This section shall not impair any individual employment contract or collective
1002	1002	973bargaining agreement.
1003	1003	974 SECTION 5. All records, property and equipment of any office, department or agency, or
1004	1004	975part thereof, the powers and duties of which are assigned in whole or in part to another office or
1005	1005	976agency, shall be transferred forthwith to the office, department or agency to which such powers
1006	1006	977and duties are assigned.
1007	1007	978 SECTION 6. All official bonds, obligations, contracts and other instruments entered into
1008	1008	979or executed by or on behalf of the town before adoption of this act and all taxes, assessments,
1009	1009	980fines, penalties and forfeitures incurred or imposed, due or owing to the town shall be enforced
1010	1010	981and collected and all writs, prosecutions, actions and causes of action, except as herein otherwise 49 of 49
1011	1011	982provided, shall continue without abatement and remain unaffected by this act. No legal act done
1012	1012	983by or in favor of the town shall be rendered invalid by reason of the adoption of this act. No
1013	1013	984contracts or liabilities in force on the effective date of this act shall be affected by the adoption of
1014	1014	985this act, the change of certain positions from elected to appointed or the creation of the
1015	1015	986department of public works. Any new positions and departments shall, in all respects, be the
1016	1016	987lawful successor of offices and department abolished, consolidated or otherwise modified.
1017	1017	988 SECTION 7. To comply with section 3.8 of the Wrentham Home Rule Charter, the top 2
1018	1018	989vote receiving candidates elected to the board of library trustees in the town election in 2023
1019	1019	990shall be elected for terms of 3 years and the third-place vote receiving candidate elected to the
1020	1020	991board of library trustees in the town election in 2024 shall be elected for a term of 1 year. All
1021	1021	992board of library trustees elected in subsequent town elections shall be elected for a term of 3
1022	1022	993years.
1023	1023	994 SECTION 8. This act shall take effect upon its passage.