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