Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5004 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 5301 FILED ON: 8/7/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 5004
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John Barrett, III
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 relative to the enforcement of the Williamstown town charter.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:John Barrett, III1st Berkshire8/7/2024 1 of 3
16	16	HOUSE DOCKET, NO. 5301 FILED ON: 8/7/2024
17	17	HOUSE . . . . . . . . . . . . . . . No. 5004
18	18	By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 5004) of
19	19	John Barrett, III (by vote of the town) relative to the enforcement of the charter of the town of
20	20	Williamstown. Municipalities and Regional Government. [Local Approval Received.]
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the enforcement of the Williamstown town charter.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The charter of the town of Williamstown, which is on file in the office of
30	30	2the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General
31	31	3Laws, is hereby amended by inserting the following section:-
32	32	4 Section 25. Compliance with the Charter
33	33	5 (a)The town manager, as the administrative officer of the Town, shall be responsible for
34	34	6monitoring whether town departments, boards, officers and employees are complying with the
35	35	7charter. Whenever the town manager determines that any town department, board, officer or
36	36	8employee may be failing to comply with the charter, it is the responsibility of the town manager
37	37	9to meet with them to discuss the matter.
38	38	10 (b)Whenever the town manager determines that any town department, board, officer or
39	39	11employee may be continuing to not be in compliance with the charter after that potential failure
40	40	12has been discussed with them, the town manager shall refer the matter to the select board. The 2 of 3
41	41	13select board may take action that it deems appropriate and authorized by law for those
42	42	14departments, boards, officers and employees for which they are appointing authority and, for all
43	43	15other town boards, shall file any documentation of the matter with the town clerk subject to the
44	44	16public records law.
45	45	17 (c) The select board shall be responsible to ensure that the town manager complies with
46	46	18the charter.
47	47	19 (d) Any resident of the town may (i) petition the town manager to ensure faithful
48	48	20compliance with the charter by any town department, board, officer or employee, except with
49	49	21respect to matters related to employment, for which they are the appointing authority, or (ii)
50	50	22petition the select board to ensure faithful compliance with the charter by the town manager or
51	51	23those departments, boards, officers and employees for which they are the appointing authority or
52	52	24(iii) petition any elected position or board, or position or board appointed by any other
53	53	25appointing authority, to ensure faithful compliance with the charter by them. The petition shall
54	54	26be filed with the town clerk and shall state the person or government body that may not be in
55	55	27compliance, the section of the charter involved and the time of the potential failure to comply.
56	56	28The town clerk shall deliver a copy of the petition to such person or government body, the town
57	57	29manager, and the select board within three business days of receipt. Such person or government
58	58	30body shall file with the town clerk a written response within thirty days of their receipt of the
59	59	31petition, with copies to the town manager, select board and the petitioners.
60	60	32 (e) Following receipt of a petition by a resident, the written response from the subject of
61	61	33the petition, and the passage of 30 days, the town manager, the select board and any other
62	62	34appointing authority shall take such action with respect to the petition as is deemed appropriate 3 of 3
63	63	35and authorized by law for those departments, board, officers and employees for which,
64	64	36respectively, they are the appointing authority. Petitions for potential failures to comply with the
65	65	37charter by elected positions or boards shall remain filed with the town clerk subject to the public
66	66	38records law.
67	67	39 (f) The foregoing sections shall not limit the right to seek enforcement of this charter as
68	68	40otherwise provided by law.
69	69	41 SECTION 2. This act shall take effect upon its passage.