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HOUSE DOCKET, NO. 5300 FILED ON: 8/7/2024
HOUSE . . . . . . . . . . . . . . . No. 5003
The Commonwealth of Massachusetts
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PRESENTED BY:
John Barrett, III
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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 clarifying the Williamstown town charter.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John Barrett, III1st Berkshire8/7/2024 1 of 4
HOUSE DOCKET, NO. 5300 FILED ON: 8/7/2024
HOUSE . . . . . . . . . . . . . . . No. 5003
By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 5003) of
John Barrett, III (by vote of the town) relative to the town charter of the town of Williamstown.
Municipalities and Regional Government. [Local Approval Received.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act clarifying the Williamstown town charter.
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. Section 6 of the charter of the town of Williamstown, which is on file in the
2office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the
3General Laws, is hereby amended by striking out the words "They shall be sworn to the faithful
4performance of their duties by the chairperson of the select board or by a Justice of the Peace"
5and inserting in place thereof, the following words:- All appointed and elected officials shall be
6sworn to the faithful performance of their duties by the chairperson of the select board, town
7clerk, Justice of the Peace, notary or any other officer qualified to administer oaths.
8 SECTION 2. Section 7 of said charter is hereby further amended by striking out said
9section, and inserting in place thereof, the following section:- Section 7. Terms of elected offices.
10The term of office of all elected town officials shall end when their successors are elected and
11qualified, provided, however, that if annual town elections are held prior to annual town meeting, 2 of 4
12then, in addition, such terms shall end either at the conclusion of town meeting or within 20 days
13of the election, whichever is sooner.
14 SECTION 3. Section 9 of said charter is hereby further amended by striking out said
15section 9, and inserting in place thereof, the following section:- Section 9. Services provided to
16other government entities. The select board on behalf of the town may provide by written
17agreement for the performance by the town manager of such services for other government
18entities as may be appropriate to the duties of their office and for the reimbursement of any
19expense incurred.
20 SECTION 4. Section 10 of said charter is hereby further amended by striking out the
21words “A member of the select board or of the school committee or of the Finance Committee
22shall, during the term for which such member was elected or appointed, be ineligible by either
23election or appointment to hold any other town office” and inserting in place thereof, the
24following words:- A member of the select board or of the finance committee, shall, during the
25term for which they were elected or appointed, be ineligible by either election or appointment to
26hold any other town office established by vote of the town meeting except they may hold such
27office in their capacity as a member of the select board of the finance committee if the town
28meeting vote so provides. Such members may serve on advisory committees and as town
29representatives to intergovernmental bodies.
30 SECTION 5. Section 15(b) of said charter is hereby further amended by striking out said
31section 15(b), and inserting in place thereof, the following section:- Section 15(b) The town
32manager, in accordance with the provisions of this Act and except as otherwise expressly
33prohibited by the General Laws, (i) may reorganize, consolidate or abolish departments, 3 of 4
34commissions, boards or offices under their direction and supervision and not established by town
35meeting, in whole or in part; (ii) may establish such new departments, commissions, boards or
36offices as they deem necessary and, (iii) in so doing, may transfer the duties and powers, and so
37far as possible in accordance with the vote of the town, the appropriations of one department,
38commission, board or office to another. The town manager may not make any such changes to
39boards and committees established by town meeting except upon approval of town meeting.
40 SECTION 6. Section 15(k) of said charter is hereby further amended by striking out said
41section 15(k), and inserting in place thereof, the following section:- Section 15(k) The select
42board has the authority, except as otherwise provided by law, to prosecute, defend and
43compromise all litigation or claims to which the Town is a party and to employ special counsel
44to assist the town counsel whenever in the board’s judgment necessity therefore arises. The
45select board may delegate such authority, in whole or in part, to the town manager who shall
46keep the select board informed of the progress of all such litigation and claims.
47 SECTION 7. Section 17 of said charter is hereby further amended by striking out the
48words “On or before the 15th day of December in each year, or such date as the town may be
49bylaw prescribe, the town manager shall prepare and submit to the finance committee a budget
50for the ensuing year and all supplementary information in such form and detail as he may deem
51necessary or the town may require by bylaw” and replace with the following words:- On or
52before such date as the town may by bylaw prescribe, the town manager shall prepare and submit
53to the finance committee a budget for the ensuing year and all supplementary information in such
54form and detail as the finance committee may deem necessary or the town may require by
55bylaw”. 4 of 4
56 SECTION 8. Section 5 of said charter is hereby further amended by striking out the
57words “, and School Committee”.
58 SECTION 9. Section 15(c) of said charter is hereby further amended by striking out the
59words “a welfare agent”.
60 SECTION 10. Section 15(h) of said charter is hereby further amended by striking out the
61words “schools and”.
62 SECTION 11. Section 19 of said charter is hereby further amended by inserting after the
63word “withheld” the following:- If any claim or allegation is made against the town manager, the
64town manager shall recuse themselves from the investigation and promptly refer the matter to the
65select board.