Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2943 Compare Versions

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

Old	New	Differences
1	1	1 of 41
2	2	FILED ON: 9/10/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2943
4	4	Senate, September 12, 2024 -- New draft (Sen. Fattman) to the Senate Bill relative to the town
5	5	charter for the town of Southbridge (Senate, No. 2523).
6	6	The Commonwealth of Massachusetts
7	7	_______________
8	8	In the One Hundred and Ninety-Third General Court
9	9	(2023-2024)
10	10	_______________
11	11	An Act amending the charter of the city known as the town of Southbridge.
12	12	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
13	13	of the same, as follows:
14	14	1 SECTION 1. The charter of the city known as the town of Southbridge, which is on file
15	15	2in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of
16	16	3the General Laws, is hereby amended by striking out chapters 1 to 14, inclusive, and inserting in
17	17	4place thereof the following 14 chapters:-
18	18	5 CHAPTER 1
19	19	6 INCORPORATION; SHORT TITLE;
20	20	7 POWERS; DEFINITIONS
21	21	8 SECTION 1 - INCORPORATION
22	22	9 1-1-1: The inhabitants of the town of Southbridge, within the corporate limits as
23	23	10established by law, shall continue to be a body politic and corporate with perpetual succession
24	24	11under the name “Town of Southbridge”. 2 of 41
25	25	12 SECTION 2 - FORM OF GOVERNMENT AND TITLE
26	26	13 1-2-1: This charter provides for a town council-town manager form of town government
27	27	14and it shall be known by the title “Southbridge Home Rule Charter”. The town of Southbridge
28	28	15shall be governed by the General Laws applicable to towns where the laws of the commonwealth
29	29	16distinguish between towns and cities and all provisions of law applicable to the town of
30	30	17southbridge, except as otherwise specifically provided in this charter; provided, however, that
31	31	18section 32 of chapter 40 of the General Laws shall not apply to the town of Southbridge.
32	32	19 SECTION 3 - POWERS
33	33	20 1-3-1: Subject only to express limitations on the exercise of any power or function by a
34	34	21municipality in the Constitution or laws of the commonwealth, it is the intent and the purpose of
35	35	22the voters of the town of Southbridge to secure, through the adoption of this charter, all of the
36	36	23powers it is possible to secure for a municipal government under the Constitution and laws of the
37	37	24commonwealth.
38	38	25 SECTION 4 - CONSTRUCTION
39	39	26 1-4-1: The powers of the town of Southbridge under this charter shall be construed
40	40	27liberally in its favor and the specific mention of particular powers shall not limit the general
41	41	28powers of the town of Southbridge as stated in section 1-3-1.
42	42	29 SECTION 5 - DEFINITIONS
43	43	30 1-5-1: "By-Law", a general and permanent legislative enactment by the town council
44	44	31establishing the structure of the town government or prescribing the activities of its citizens.
45	45	32 "Charter", this document and any amendments to it that may hereafter be adopted. 3 of 41
46	46	33 "Measure", any enactment, vote, resolution or motion by the town council other than a
47	47	34by-law.
48	48	35 CHAPTER 2
49	49	36 THE TOWN COUNCIL
50	50	37 SECTION 1 - COMPOSITION
51	51	38 2-1-1: A town council consisting of 9 members shall be nominated and elected from the
52	52	39town at-large to serve 3-year staggered terms.
53	53	40 SECTION 2 - ELIGIBILITY
54	54	41 2-2-1: All qualified voters of the town shall be eligible to hold the office of town
55	55	42councilor except as otherwise limited by this charter.
56	56	43 2-2-2: No town councilor shall hold any other town office during their term of office. A
57	57	44person elected to the town council while serving as a municipal employee or officer shall, prior
58	58	45to assuming the office of town councilor, resign from said municipal employee or officer
59	59	46position. No town councilor or former town councilor shall be offered or accept any
60	60	47compensated town appointive office or employment until 1 year after their term shall have
61	61	48ended.
62	62	49 2-2-3: Terms of town councilors shall be limited to 3 consecutive terms. For purposes of
63	63	50this section, the word "term" shall mean 3 years or any portion thereof.
64	64	51 SECTION 3 - COMPENSATION 4 of 41
65	65	52 2-3-1: The town council may provide an annual salary for its members. No town
66	66	53councilor shall receive said salary nor shall any increase thereof become effective until after the
67	67	54commencement of the next fiscal year.
68	68	55 2-3-2: Town councilors may be reimbursed for actual expenses incurred in the
69	69	56performance of their official duties from an annual appropriation for such purposes.
70	70	57 SECTION 4 - GENERAL POWERS AND DUTIES
71	71	58 2-4-1: Except as otherwise provided in this charter, all general, corporate, legislative,
72	72	59policy-making and appropriation powers of the town shall be vested in the town council.
73	73	60 2-4-2: The town council may enact by-laws and other measures and rules and regulations
74	74	61not inconsistent with this charter governing its own proceedings and other matters pertaining to
75	75	62the exercise of its powers and the performance of its duties.
76	76	63 2-4-3: The town council shall provide for keeping accurate minutes of its proceedings
77	77	64which shall be a public record. Annually, at the reorganizational meeting, the town council shall
78	78	65appoint a recording secretary and a clerk of the town council. For the purpose of this section
79	79	66only, the recording secretary shall be under the jurisdiction of the town council.
80	80	67 2-4-4: The town council may establish committees, subcommittees and advisory
81	81	68committees as it deems reasonable and necessary and such committees may include non-town
82	82	69council members. Town councilor appointments to such committees shall be made by the chair
83	83	70of the town council and non-town council member appointments to such committees shall be
84	84	71made by the town council subcommittee members subject to confirmation by the town council,
85	85	72as provided for in section 2-4-2. 5 of 41
86	86	73 2-4-5: Town councilors shall not impede the daily municipal operations, nor give orders
87	87	74or directions to town officers and employees, either publicly or privately. This prohibition shall
88	88	75not preclude the town council or its members from asking questions, seeking information or
89	89	76conducting conversations with said employees.
90	90	77 2-4-6: The town council or its members may freely and fully discuss with the town
91	91	78manager anything pertaining to the appointment or removal of any town officer or employee, but
92	92	79neither the town council nor its members shall in any way dictate the appointment or removal of
93	93	80any town officer or employee under the jurisdiction of the town manager unless otherwise
94	94	81specified by this charter.
95	95	82 SECTION 5 - MEETINGS AND QUORUM
96	96	83 2-5-1: The town council shall meet regularly, not less than twice every month. Special
97	97	84meetings may be held if called by the chair or by any 3 members of the town council; provided,
98	98	85however, that written notice of such meeting shall have been delivered to each other member not
99	99	86less than 48 hours in advance thereof and shall have been posted in accordance with state law.
100	100	87 2-5-2: All meetings of the town council shall be public except, as provided by the
101	101	88General Laws’ provisions respecting closed sessions. The agenda for such meetings shall be as
102	102	89determined by the chair and shall follow the order of business set forth in Roberts Rules of
103	103	90Order. Inhabitants and employees of the town shall have a reasonable opportunity to be heard at
104	104	91any such meeting as set forth in town council rules and regulations, except matters that could be
105	105	92subject to executive session. 6 of 41
106	106	93 2-5-3: Five members of the town council shall constitute a quorum for the conduct of
107	107	94business. A lesser number than the quorum may organize any meeting lacking a quorum in order
108	108	95to adjourn it to a stated date, time and place.
109	109	96 2-5-4: In no instance shall it be required that all members of the town council be present
110	110	97at a meeting to allow the conduct of business.
111	111	98 SECTION 6 - BY-LAWS
112	112	99 2-6-1: All proposed by-laws and repeals or amendments to current town by-laws shall
113	113	100deal with one subject only and shall be submitted in writing to the office of the town clerk not
114	114	101less than 14 days prior to the date of the first reading by town council. Any by-law which repeals
115	115	102or amends part of the town by-laws shall set out in full in the agenda item for the meeting the
116	116	103section or sections of the town by-laws to be repealed or amended by the use of strikeout type,
117	117	104brackets or underscoring. All proposed or amended sections of the town by-laws shall be set out
118	118	105in red or in some other way that easily identifies the proposed amendments or revisions.
119	119	106 2-6-2: Any by-law which repeals or amends part of the town by-laws shall set out in full
120	120	107the section or sections of the town by-laws to be repealed or amended by the use of strikeout
121	121	108type, brackets or underscoring. Proposed by-laws shall deal with one subject only and shall be
122	122	109introduced in writing in the form required for formal adoption. The town council shall ensure the
123	123	110full text of every proposed by-law is posted on the town website and in any other public media as
124	124	111deemed appropriate by the town council.
125	125	112 2-6-3: Every town by-law adopted, amended or repealed shall be read at 3 separate
126	126	113meetings before its passage, as follows: 7 of 41
127	127	114 (a) At the first meeting, every proposed town by-law change shall be read aloud in its
128	128	115entirety by the chair of the town council or a designee. Proposed town by-law amendments shall
129	129	116be read aloud in its entirety by section or sections.
130	130	117 (b) At the second meeting, a summary of every proposed town by-law change shall be
131	131	118read aloud by the chair of the town council or a designee.
132	132	119 (c) At the third meeting, all amendments shall be considered and voted upon, followed by
133	133	120a summary reading of the proposed town by-law change as amended by the chair of the town
134	134	121council or a designee.
135	135	122 2-6-4: Final adoption of a town by-law, amendment or repeal shall occur at the next
136	136	123regularly scheduled town council meeting. Publication of the final town by-law or measure shall
137	137	124be posted on the town’s website within 24 hours of the newly adopted town by-law or measure.
138	138	125No new amendments shall be allowed at this meeting and published.
139	139	126 2-6-5: The affirmative vote of not less than 5 members of the town council shall be
140	140	127necessary for the passage of any town by-law, amendment or repeal unless a greater number is
141	141	128prescribed by the General Laws or by this charter and all votes thereon shall be taken by roll call
142	142	129and recorded in the meeting minutes.
143	143	130 SECTION 7 - ACTION REQUIRING A BY-LAW
144	144	131 2-7-1: In addition to other acts, required by town by-law or by this charter, to be done by
145	145	132a by-law, those acts of the town council shall be by a by-law which: (i) adopts or amends
146	146	133administrative by-laws or establishes, alters or abolishes any town department, office or agency; 8 of 41
147	147	134and (ii) provides for a fine or other penalty or establish a rule or regulation for violation of which
148	148	135a fine or other penalty is imposed.
149	149	136 SECTION 8 - FILLING VACANCIES IN THE TOWN COUNCIL
150	150	137 2-8-1: A vacancy in the office of town councilor whether caused by death, resignation or
151	151	138removal shall be filled by a special election to be called within 30 days of said vacancy unless a
152	152	139regular town election shall occur within 180 days.
153	153	140 SECTION 9 - THE CHAIR AND VICE-CHAIR OF THE TOWN COUNCIL;
154	154	141ELECTION AND REMOVAL
155	155	142 2-9-1: On the first regularly scheduled meeting on or after July 1 following the town
156	156	143elections and after newly elected members shall have taken office, the town council shall
157	157	144organize itself and elect 1 of its members to serve as chair of the town council and as vice-chair
158	158	145of the town council, both for a term expiring at the first regularly scheduled town council
159	159	146meeting on or after July 1 following the town elections the next year. The chair pro tem of the
160	160	147organizational meeting would be the senior in point of service or if equal in service, senior in
161	161	148age.
162	162	149 2-9-2: The chair shall preside at meetings of the town council, shall be recognized as
163	163	150head of the town government for all ceremonial purposes and shall be the point of contact on
164	164	151behalf of the town council in case of an emergency.
165	165	152 2-9-3: The chair may be removed from office by a 2/3 vote of the entire town council, a
166	166	153minimum of 6 votes. Any member of the town council at any point may make a motion to 9 of 41
167	167	154remove the chair and if the motion is seconded, the motion shall be debated and voted upon at
168	168	155that time, without exception, by the town council.
169	169	156 2-9-4: The vice-chair shall automatically become chair in the event of the permanent
170	170	157disability, death, resignation or removal of the chair. A new vice-chair shall be elected by a
171	171	158majority vote of the town council at the first regularly scheduled meeting called by the new
172	172	159chair.
173	173	160 2-9-5: The vice-chair may be removed from office by a 2/3 vote of the entire town
174	174	161council, a minimum of 6 votes. Any member of the town council at any point may make a
175	175	162motion to remove the vice-chair and if the motion is seconded, the motion shall be debated and
176	176	163voted on by the town council at that time, without exception. A new vice-chair shall be elected
177	177	164by a majority vote of the town council at the next regularly scheduled meeting.
178	178	165 CHAPTER 3
179	179	166 OTHER ELECTED TOWN BOARDS AND OFFICERS
180	180	167 SECTION 1 - GENERAL PROVISIONS
181	181	168 3-1-1: Members of town boards to be elected by the qualified voters of the town shall be,
182	182	169in addition to the town council:
183	183	170 (a) 7 members of a school committee;
184	184	171 (b) 2 members of a regional vocational school committee;
185	185	172 (c) 1 town clerk;
186	186	173 (d) 4 members of a housing authority in accord with applicable law; 10 of 41
187	187	174 (e) 4 members of a redevelopment authority; and
188	188	175 (f) 2 part-time members to the board of assessors.
189	189	176 3-1-2: Boards and commissions, established under this charter, shall perform their
190	190	177functions and duties in accordance with the constitution of the commonwealth, the General
191	191	178Laws, this charter and town by-laws.
192	192	179 3-1-3: During the term for which they were elected and for 1 year following the
193	193	180expiration of this term, no member of any board or commission, established under this charter,
194	194	181shall be eligible to accept any appointed paid town position under jurisdiction of the board of
195	195	182which they were a member.
196	196	183 3-1-4: Members of boards and commissions, established under this charter, may be
197	197	184reimbursed for actual expenses incurred in the performance of their official duties from an
198	198	185annual appropriation made for such purposes.
199	199	186 3-1-5: Any elected or appointed member of a quasi-judicial board, including the zoning
200	200	187Board of appeals, the conservation commission, the board of health, the liquor licensing board
201	201	188and the special permit granting authority, shall be limited to 1 such board and ineligible to serve
202	202	189on any other such quasi-judicial board during that member’s term.
203	203	190 SECTION 2 - VACANCIES
204	204	191 3-2-1: Vacancies in the elected town boards, established under this charter, shall be filled
205	205	192by a majority vote of the town council in joint convention with a majority of the remaining
206	206	193members of the respective board within 60 days unless a regular town election shall occur within
207	207	194120 days, but only until the next town election. 11 of 41
208	208	195 SECTION 3 - REGIONAL VOCATIONAL SCHOOL COMMITTEE
209	209	196 3-3-1: Terms for the 2 members of the Bay Path Regional Vocational School Committee
210	210	197shall be for 3 years and shall be staggered.
211	211	198 SECTION 4 - TOWN CLERK
212	212	199 3-4-1: The town clerk shall be elected to serve for a 3-year term. The town clerk shall
213	213	200receive such compensation not to exceed the amount appropriated by the town council.
214	214	201 SECTION 5 - HOUSING AUTHORITY
215	215	202 3-5-1: The housing authority shall be composed of 5 members who shall be elected or
216	216	203appointed as provided by the General Laws.
217	217	204 SECTION 6 - REDEVELOPMENT AUTHORITY
218	218	205 3-6-1: The redevelopment authority shall be composed of 5 members, 4 of whom shall
219	219	206be elected and 1 of who shall be appointed as provided by the General Laws.
220	220	207 SECTION 7 - BOARD OF ASSESSORS
221	221	208 3-7-1 : The board of assessors shall be composed of 2 part-time members, elected by the
222	222	209voters for 3-year staggered terms and a third member who shall be full time, appointed by the
223	223	210town manager for a 3-year term and shall be the clerk of the board of assessors.
224	224	211 SECTION 8 - POWERS, DUTIES AND COMPENSATION 12 of 41
225	225	212 3-8-1: Officers and members of boards, established under this chapter, unless otherwise
226	226	213provided herein, shall exercise such powers and duties as are and may be provided by the
227	227	214General Laws, this charter or town by-laws.
228	228	215 3-8-2: Officers and members of boards, established under this chapter, may receive such
229	229	216compensation as may be authorized and established by the town council within limits of an
230	230	217appropriation made for that purpose.
231	231	218 CHAPTER 4
232	232	219 TOWN MANAGER
233	233	220 SECTION 1 - APPOINTMENT AND QUALIFICATIONS
234	234	221 4-1-1: The town council, by a majority vote of its full membership, a minimum of 5
235	235	222votes, shall appoint or reappoint, as the case may be, a town manager who shall administer and
236	236	223implement the directives and policies adopted by the town council pursuant to section 108N of
237	237	224chapter 44 of the General Laws.
238	238	225 4-1-2: In seeking candidates, the chair of the town council shall appoint a search
239	239	226committee of 7 members, 2 of whom shall be members of the town council and 5 of whom shall
240	240	227be residents of the town who are not holding elective office and are not compensated employees
241	241	228of the town. The appointment of the non-town council members of such committee shall be
242	242	229subject to confirmation by the towncouncil.
243	243	230 The search committee may, in its discretion, subject to appropriation of sufficient funds
244	244	231by the town council, engage a professional search firm. 13 of 41
245	245	232 4-1-3: The town manager shall be appointed solely on the basis of educational, executive
246	246	233and administrative qualifications and experience which shall include at least a bachelor’s
247	247	234degree from an accredited 4-year degree granting institution and shall include professional
248	248	235experience of not less than 3 years full-time, compensated, supervisory service in municipal
249	249	236administration and shall serve at the pleasure of the town council. To be considered for
250	250	237appointment such experience shall be certified to the town council by an appropriate official of
251	251	238the entity where such experience was obtained.
252	252	239 If a resident of the town, the successful candidate shall have held no elective municipal
253	253	240office for a period of 1 year prior to appointment.
254	254	241 4-1-4: Upon appointment or reappointment, as the case may be, the town council shall
255	255	242enter into a written contract with the town manager. Nothing in said contract shall affect the
256	256	243appointment or removal powers of the town council over the town manager, as hereinafter set
257	257	244forth.
258	258	245 SECTION 2 - POWERS, DUTIES AND ROLE
259	259	246 4-2-1: The town manager shall be the chief administrative officer of the town and shall
260	260	247be directly responsible and accountable to the town council for the effective administration of all
261	261	248town affairs placed in their charge by the town Council or this charter.
262	262	249 The town manager shall serve as a resource to the town council. The town council shall
263	263	250provide policy and political leadership for the town. The town manager shall bring policy issues
264	264	251to the town council to consider in making policy choices and shall then implement the policies
265	265	252adopted by the town council. 14 of 41
266	266	253 4-2-2: The town manager shall devote full-time to the duties of the office and shall
267	267	254engage in no other business or occupation. The town manager shall hold no elective or appointed
268	268	255office without advance authorization of the town council.
269	269	256 4-2-3: The town manager shall:
270	270	257 (a) attend all town council meetings, except when excused, and shall have the right to
271	271	258speak but not to vote; attend all subcommittee meetings or assign a designee to attend, except
272	272	259when excused and shall have the right to speak but not to vote;
273	273	260 (b) keep the town council fully informed regarding town and departmental operations,
274	274	261fiscal affairs, general problems and administrative actions; keep the town council fully advised as
275	275	262to the financial condition of the town by filing written reports with the town council not less
276	276	263frequently than quarterly throughout the year; provide the town councilors with such town
277	277	264records and shall generate such reports as may be requested by a majority of the town council;
278	278	265 (c) keep the town council fully informed as to the long-range needs of the town, the
279	279	266practices and governmental trends of other communities and the laws of the commonwealth and
280	280	267regulations of the commonwealth and make such recommendations to the town council as
281	281	268deemed necessary and appropriate;
282	282	269 (d) prepare, assemble and present to the town council the annual town operating and
283	283	270capital budgets, present said budgets to the town council in a format acceptable to the town
284	284	271council and cooperate with the town council in all financial matters;
285	285	272 (e) serve as general ombudsman for the town in all matters other than those involving
286	286	273members of the town council; 15 of 41
287	287	274 (f) maintain an inventory of all town real and personal property;
288	288	275 (g) be responsible for the daily administration of the personnel system, including the
289	289	276maintenance of personnel records and enforcement of personnel rules and regulations;
290	290	277 (h) except as otherwise set forth in the General Laws or this charter, the town manager
291	291	278shall serve as the chief procurement officer for the town, excluding the school department;
292	292	279 (i) be responsible for the maintenance of all buildings and property owned or leased by
293	293	280the town;
294	294	281 (j) perform such other duties as may be required by this charter, town by-law or order of
295	295	282the town council;
296	296	283 (k) the town manager shall propose and the town council may adopt personnel rules
297	297	284providing for the job descriptions for all town positions, based on the duties, responsibilities and
298	298	285authority of each position, with adequate provisions for reclassification of any position whenever
299	299	286warranted by changed circumstances and such other practices and procedures as may be deemed
300	300	287necessary for the administration of the town’s personnel system;
301	301	288 (l) execute all deeds conveying town real property, but any such conveyance shall have
302	302	289been previously authorized by the vote of the town council pursuant to the applicable provisions
303	303	290of the General Laws;
304	304	291 (m) to negotiate or cause to be negotiated all contracts involving any subject within the
305	305	292jurisdiction of the office of town manager; and 16 of 41
306	306	293 (n) be responsible for the coordination of the activities of all agencies under their control
307	307	294with the activities of all other town agencies, including those elected by the voters of the town of
308	308	295Southbridge and those appointed by other elected officials
309	309	296 4-2-4: Subject to confirmation by the town council, the town manager shall have the
310	310	297power to appoint, on the basis of merit and fitness alone: (i) a fire chief; (ii) a police chief; (iii) a
311	311	298director of public works; (iv) a town treasurer; (v) a town collector; (vi) a veterans agent; (vii) a
312	312	299director of inspection services and all inspectors except as otherwise provided by the General
313	313	300Laws; (viii) upon recommendation of the chief, a police department; (ix) upon recommendation
314	314	301of the chief, a fire department; (x) upon recommendation of the director, a department of
315	315	302public works; (xi) a finance director; (xii) a town accountant; (xiii) 1 full time assessor who shall
316	316	303assume the duties of the clerk of the board of assessors; (xiv) upon the recommendation of the
317	317	304trustees of the library, a library director; and (xv) such other individual town officers as are
318	318	305authorized by the General Laws, this charter or town by-laws and for whom appointment is not
319	319	306otherwise provided.
320	320	307 The town may enter into contracts with such departments and individuals as may be
321	321	308allowed by civil service, collective bargaining or state law.
322	322	309 4-2-5: The town manager shall, within 12 months of the start of their employment, be a
323	323	310resident of the town of Southbridge and shall not cease to be a resident during their employment
324	324	311by the town. The town council may, annually, by a 2/3 vote of the entire town council, not less
325	325	312than 6 town councilors, waive this requirement.
326	326	313 SECTION 3 - POWER TO APPOINT TOWN BOARDS AND COMMISSIONS 17 of 41
327	327	314 4-3-1: The town manager shall have the power to appoint, subject to confirmation by the
328	328	315town council, the following boards and commissions:
329	329	316 (a) a 5-member board of health;
330	330	317 (b) a 5-member planning board, with 2 alternate members;
331	331	318 (c) a 3-member board of registrars;
332	332	319 (d) a 5-member zoning board of appeals, with 2 alternate members;
333	333	320 (e) a 5-member conservation commission; with 2 alternate members;
334	334	321 (f) a 5-member liquor licensing board with 1 alternate member; and
335	335	322 (g) the members of such other boards and commissions as the town council deems
336	336	323appropriate to establish.
337	337	324 The terms of the members of such boards and commissions shall be staggered.
338	338	325 4-3-2: The town manager shall have the power to appoint, subject to confirmation by the
339	339	326town council, the following town boards and commissions: constables, commissioners of trust
340	340	327funds and trustees of soldiers, sailors, marines and airmen memorials.
341	341	328 4-3-3: The town manager shall have the power to appoint, subject to confirmation by the
342	342	329town council, such other members of boards and commissions as are authorized by the General
343	343	330Laws, this charter or town by-laws and for whom appointment is not otherwise provided.
344	344	331 SECTION 4 - POWER TO RESCIND APPOINTMENTS 18 of 41
345	345	332 4-4-1: The town manager shall have the power to rescind appointments, subject to
346	346	333confirmation by the town council, for cause including, but not limited to, excessive and un-
347	347	334excused absenteeism, incapacity other than temporary illness, inefficiency, insubordination or
348	348	335conduct unbecoming an officer and any appointment made by them to any board, commission,
349	349	336committee or individual office under the authority of this charter; provided that the appointee
350	350	337shall first have been served with written notice of the town manger’s intention specifying the
351	351	338reasons for the proposed removal and informing the appointee of their right to be heard at a
352	352	339public hearing, if requested.
353	353	340 SECTION 5 - REORGANIZATION PLANS BY THE TOWN MANAGER
354	354	341 4-5-1: The town manager may propose a plan, subject to applicable laws and the terms
355	355	342of this charter, to establish, reorganize, consolidate or abolish any town agency under their
356	356	343jurisdiction. Such reorganization plan may not be amended by the town council but shall either
357	357	344be approved or disapproved in the form as submitted.
358	358	345 SECTION 6 - REMOVAL OF THE MANAGER
359	359	346 4-6-1: Removal of the town manager prior to the expiration of their term of appointment
360	360	347shall be effectuated by a 2/3 vote of the entire town council, a minimum of 6 votes, at a town
361	361	348council open meeting. Such vote shall immediately rescind said appointment.
362	362	349 SECTION 7 - ACTING TOWN MANAGER
363	363	350 4-7-1: During the temporary absence of the town manager, an acting town manager shall
364	364	351be appointed by the town council to perform the duties of the town manager. Any permanent
365	365	352vacancy in the office of the town manager shall be filled as soon as possible by the town council. 19 of 41
366	366	353The original term of service of any person as acting town manager may not exceed 12 months.
367	367	354However, subsequent terms of service may be extended by a majority vote of the town council.
368	368	355Compensation for such person shall be set by the town council. Except as otherwise prohibited
369	369	356by this charter, nothing in this section shall prevent an acting town manager from being
370	370	357appointed as town manager.
371	371	358 During a period of absence of the town manager, pending the appointment of an acting
372	372	359town manager, the finance director shall perform the duties of the town manager; provided,
373	373	360however, that an acting town manager, who is not a member of the town council, shall be
374	374	361appointed by the town council as soon as possible.
375	375	362 CHAPTER 5
376	376	363 SCHOOL COMMITTEE
377	377	364 SECTION 1 - COMPOSITION
378	378	365 5-1-1: There shall be a school committee consisting of 7 members. All members of the
379	379	366committee shall be elected for terms of 3 years each. The terms shall be staggered so no less than
380	380	3672 members are elected each year. All school committee members shall be elected by the voters
381	381	368at-large. The members and chair of the school committee shall receive compensation identical to
382	382	369that received by the members and chair of the town council, if any.
383	383	370 SECTION 2 - POWERS AND DUTIES
384	384	371 5-2-1: The school committee, established under this charter, shall have general charge of
385	385	372the public schools of the town. The school committee shall have the power to select and
386	386	373terminate a superintendent of schools, establish educational goals and policies for the schools 20 of 41
387	387	374consistent with the requirements of the laws of the commonwealth and standards established by
388	388	375the commonwealth. The school committee shall have all the powers and duties given to school
389	389	376committees by the laws of the commonwealth.
390	390	377 CHAPTER 6
391	391	378 DEPARTMENT OF PUBLIC WORKS
392	392	379 SECTION 1 - ESTABLISHMENT
393	393	380 6-1-1: There shall be established in the town of Southbridge a department of public
394	394	381works administered by the town manager.
395	395	382 6-1-2: The responsibilities of the following departments shall be incorporated in the
396	396	383department of public works: highway department, engineering department, sewer department,
397	397	384parks department, maintenance function of the recreation committee, cemetery department, tree
398	398	385warden, moth superintendent, fence viewer, ELD driver, custodian of town structures, water
399	399	386department and other related functions.
400	400	387 6-1-3: There shall be a director of public works, appointed for a 3-year term by the town
401	401	388manager subject to confirmation by the town council. The director shall report directly to the
402	402	389town manager.
403	403	390 6-1-4: The director may be removed in the same manner as other town department heads
404	404	391as provided by this charter.
405	405	392 SECTION 2 - POWERS AND DUTIES OF THE DIRECTOR 21 of 41
406	406	393 6-2-1: The powers and duties of the director of the department of public works, in
407	407	394addition to those otherwise conferred or imposed by state law or this charter, shall include the
408	408	395power to establish divisions within the department of public works. Each division shall assume
409	409	396such management and control as determined by the director. The director shall have the power to
410	410	397make rules and regulations for the governing of the department of public works and divisions
411	411	398thereof and shall attend to the proper enforcement of the same. The director shall have
412	412	399jurisdiction over the divisions of the department of public works and over each member of each
413	413	400division. No person shall be hired as an employee of the department without the recommendation
414	414	401of the director.
415	415	402 6-2-2: In the event that the director is absent from the town, they shall notify the town
416	416	403manager, in writing, of the person designated to assume the responsibilities of the director during
417	417	404their absence.
418	418	405 6-2-3: The director shall attend meetings of the town council, as requested by the town
419	419	406manager; meetings of the department of public works subcommittee, unless excused; and
420	420	407recommend to the town manager measures requiring action as deemed necessary or expedient by
421	421	408the director.
422	422	409 6-2-4: The director shall keep full and complete records of the department and shall
423	423	410render to the town manager, as often as may be required, a full report of all department
424	424	411operations during the period reported.
425	425	412 6-2-5: Each petition submitted pursuant to town by-laws and referred to the department
426	426	413of public works shall be returned to the town council with the recommendations of the director
427	427	414within 30 days after its referral to the department of public works. 22 of 41
428	428	415 6-2-6: The director shall keep the town manager and town council fully advised as to the
429	429	416needs of the town within the scope of their duties; furnish the town manager on or before March
430	430	4171 each year a detailed list of the appropriations required during the next ensuing fiscal year for
431	431	418proper conduct of all divisions under their control; furnish a master plan for all major public
432	432	419works for the town, giving priority to the projects in accordance with their necessity and
433	433	420importance; and establish long-range planning as may be determined to be in the best interests of
434	434	421the town.
435	435	422 6-2-7: The director shall cause to be performed and inspected all the work of
436	436	423construction, reconstruction, alteration, repair, maintenance and upkeep and all other work
437	437	424incidental thereto of the departments specified in section 6-1-2 in accordance with the policies of
438	438	425long-range plans, priority of major projects and capital outlay requirements as may be authorized
439	439	426and established by the town manager.
440	440	427 6-2-8: The director shall inspect all streets and ways being constructed to ascertain
441	441	428whether said construction complies with plans filed with the planning board and with all
442	442	429planning board regulations, town by-laws and state statutes and to give to the planning board a
443	443	430report of their inspection prior to the approval of said street by the planning board.
444	444	431 CHAPTER 7
445	445	432 TOWN ATTORNEY
446	446	433 SECTION 1 - APPOINTMENT AND DUTIES
447	447	434 7-1-1: The town manager shall, subject to confirmation by the town council, appoint a
448	448	435town attorney to serve as chief legal advisor to the town council, the town manager and all town 23 of 41
449	449	436departments, offices and agencies. The town attorney shall represent the town in all legal
450	450	437proceedings and shall perform such other duties as may be prescribed by the General Laws, this
451	451	438charter or town by-laws; provided, however, that nothing in this section shall prevent the town
452	452	439from engaging or being represented by other counsel, where appropriate.
453	453	440 7-1-2: The town shall adopt a standard operating policy regarding access to and use of a
454	454	441town attorney and the policy may be amended from time to time.
455	455	442 CHAPTER 8
456	456	443 TOWN AUDITOR
457	457	444 SECTION 1 - APPOINTMENT AND DUTIES
458	458	445 8-1-1: The town manager shall, subject to confirmation by the town council, appoint an
459	459	446auditor who shall annually, in accordance with generally accepted auditing standards for
460	460	447governmental financial audits, audit all town accounts and financial statements with regards to
461	461	448compliance with applicable laws, regulations, contract provisions and grant agreements. The
462	462	449audits shall be made by a certified public accountant or firm of such accountants who have no
463	463	450personal interest, direct or indirect, in the fiscal affairs of the town. All documents and reports
464	464	451presented to the town or any employee thereof by the auditor as result of said audit shall, upon
465	465	452submission, be filed with the town clerk and shall be deemed a public record.
466	466	453 CHAPTER 9
467	467	454 LICENSING
468	468	455 SECTION 1 - LIQUOR LICENSING BOARD 24 of 41
469	469	456 9-1-1: There shall be a liquor licensing board established in accordance with the laws of
470	470	457the commonwealth; provided, however, the town manager is authorized to appoint 5 members to
471	471	458said board, subject to the approval of the town council; provided further, the town manager shall
472	472	459appoint 1 alternate member, subject to the approval of the town council and said alternate
473	473	460member shall be appointed without regard to party enrollment; provided further, the 5 member
474	474	461board shall designate their chair and vice-chair. All members so appointed shall have been
475	475	462residents of the town of Southbridge for no less than 2 years immediately preceding such
476	476	463appointment and shall serve for terms of 3 years each so arranged that the term of 1 member
477	477	464shall expire each year. The alternate member shall sit on the board at the designation of the chair
478	478	465in the case of absence, inability to act or conflict of interest on the part of any member of the
479	479	466board or in the event of a vacancy on the board until such time as the vacancy is filled by the
480	480	467town manager. All vacancies shall be filled by the town manager for the remainder of the
481	481	468unexpired term in the manner provided for an original appointment.
482	482	469 9-1-2: A person appointed to the liquor licensing board shall not be engaged, directly or
483	483	470indirectly, in the commercial manufacture or sale of alcoholic beverages and if once appointed, a
484	484	471member engages in such commercial manufacturing or sale, that member’s office shall
485	485	472immediately become vacant.
486	486	473 SECTION 2 - LICENSING OTHER THAN LIQUOR
487	487	474 9-2-1: With respect to licenses and permits other than those relating to alcoholic
488	488	475beverages, the town manager shall grant all such licenses and permits and shall have all the
489	489	476powers and duties of a licensing authority under the General Laws; provided, however, that the
490	490	477town council retains the power to delegate to 1 or more town agencies; the powers vested in the 25 of 41
491	491	478town council by the laws of the commonwealth to grant and issue licenses and permits and may
492	492	479regulate the granting and issuing of licenses and permits by any such town agency; and may in
493	493	480its discretion, rescind any such delegation without prejudice to any prior action which has been
494	494	481taken.
495	495	482 CHAPTER 10
496	496	483 FINANCIAL PROVISIONS AND PROCEDURES
497	497	484 SECTION 1 - APPLICABILITY OF GENERAL LAW
498	498	485 10-1-1: In all matters concerning finances and financial procedures of the town, the
499	499	486provisions of the General Laws shall apply together with such other requirements as are provided
500	500	487by this charter or town by-laws.
501	501	488 SECTION 2 - CONTRACTS
502	502	489 10-2-1: All contracts for services negotiated by the town manager shall be ratified by a
503	503	490majority vote of the town council.
504	504	491 SECTION 3 - SUBMISSION OF BUDGET AND BUDGET MESSAGE
505	505	492 10-3-1: Not less than 90 days prior to the start of each fiscal year, the town manager shall
506	506	493submit to the town council a budget for the ensuing year and an accompanying message, unless
507	507	494otherwise provided for by the General Laws.
508	508	495 10-3-2: The town manager’s message shall explain the budget both in fiscal terms and in
509	509	496terms of work programs. It shall outline the proposed financial policies of the town for the
510	510	497ensuing fiscal year, describe the important features of the budget, indicate any major changes 26 of 41
511	511	498from the current year in financial policies, expenditures and revenues together with reasons for
512	512	499such changes, summarize the town’s debt positions and include such other material as the town
513	513	500manager deems desirable.
514	514	501 SECTION 4 - PROPOSED BUDGET
515	515	502 10-4-1: The budget shall provide a complete financial plan of all town funds and
516	516	503activities for the ensuing fiscal year, including the proposed school budget and, except for the
517	517	504school budget or as required by law or this charter, shall be in such form as the town council
518	518	505deems desirable and shall require. It shall indicate in separate sections: (i) proposed expenditures
519	519	506for current operations during the ensuing fiscal year, detailed by offices, departments and
520	520	507agencies and the method of financing such expenditures; and (ii) proposed capital expenditures
521	521	508during the ensuing fiscal year, detailed by offices, departments and agencies when practicable
522	522	509and the proposed method of financing each such capital expenditure.
523	523	510 10-4-2: In submitting the proposed budget, the town manager shall utilize modern fiscal
524	524	511principles so as to afford maximum information and financial control. The budget shall detail all
525	525	512estimated revenue from the property tax levy and other sources and all proposed expenditures,
526	526	513including debt service for the previous, current and ensuing years and shall indicate separately:
527	527	514 (a) proposed expenditures for both current operations and capital projects during the
528	528	515ensuing year detailed by agency purpose and position together with proposed financing methods;
529	529	516and
530	530	517 (b) estimated surplus revenue and free cash available at the close of the fiscal year,
531	531	518including estimated balance in special accounts and enterprise funds. 27 of 41
532	532	519 SECTION 5 - NOTICE OF PUBLIC HEARING ON PROPOSED BUDGET
533	533	520 10-5-1: The town council shall publish on the town’s website and in any other public
534	534	521media as determined by the town council a general summary of the budget and a notice stating:
535	535	522(i) the times and places where copies of the budget are available for inspection; and (ii) the date,
536	536	523time and place, not less than 2 weeks after such publication, when a public hearing on the budget
537	537	524shall be held.
538	538	525 SECTION 6 - ADOPTION OF THE BUDGET
539	539	526 10-6-1: The town council shall adopt the budget, with or without amendments, on or
540	540	527before the end of the eleventh month of the fiscal year currently ending. In amending the budget,
541	541	528the town council may by majority vote of the full town council, a minimum of 5 votes, delete or
542	542	529decrease any programs or amounts except expenditures required by law or for debt service. Upon
543	543	530an identification and verification of an available revenue source, the town council may by 2/3
544	544	531vote of the full town council, a minimum of 6 votes, increase any amount in or the total of the
545	545	532proposed budget. Adoption of the budget shall constitute an appropriation of the amounts
546	546	533specified therein as expenditures from the funds indicated.
547	547	534 SECTION 7 - CAPITAL IMPROVEMENTS PROGRAM
548	548	535 10-7-1: Within the period provided by the General Laws, the town manager shall submit
549	549	536to the town council a 5-year capital improvements program which shall include:
550	550	537 (a) a clear summary of its contents;
551	551	538 (b) a list of all capital improvements proposed to be undertaken during the next 5 fiscal
552	552	539years with supporting data; 28 of 41
553	553	540 (c) cost estimates, method of financing and recommended time schedules; and
554	554	541 (d) the estimated annual cost of operating and maintaining any facility to be constructed
555	555	542or acquired.
556	556	543 10-7-2: The above information may be revised and extended each year with regards to
557	557	544capital improvements pending or in process of construction or acquisition.
558	558	545 SECTION 8 - NOTICE OF PUBLIC HEARING ON CAPITAL PROGRAMS
559	559	546 10-8-1: The town council shall publish on the town’s website and in any other public
560	560	547media as determined by the town council the general summary of the capital program and a
561	561	548notice stating: (i) the times and places where copies of the capital improvements program are
562	562	549available for inspection by the public; and (ii) the date, time and place, not less than 2 weeks
563	563	550after such publication, when a public hearing on said program shall be held.
564	564	551 10-8-2: After the public hearing and on or before the end of the eleventh month of the
565	565	552current fiscal year, the town council shall adopt the capital improvements program by resolution,
566	566	553with or without amendments, provided that each amendment must be voted separately and that
567	567	554any increase in the capital improvements program as submitted must clearly identify the method
568	568	555of financing proposed to accomplish this increase.
569	569	556 SECTION 9 - SUPPLEMENTAL APPROPRIATIONS
570	570	557 10-9-1: If during the fiscal year the town manager certifies, through the finance director,
571	571	558that revenues in excess of those estimated in the budget are available for appropriation, the town
572	572	559council may make supplemental appropriations for the year up to the amount of such excess.
573	573	560 SECTION 10 - EMERGENCY APPROPRIATIONS 29 of 41
574	574	561 10-10-1: To meet a public emergency affecting life, health, property or the public peace,
575	575	562the town council may make emergency appropriations. Any such emergency order shall be so
576	576	563declared in an emergency preamble thereto, separately voted on and receiving the affirmative
577	577	564vote of at least 2/3 of the full town council, a minimum of 6 votes.
578	578	565 SECTION 11 - REDUCTION OR RESTRICTIONS OF USE OF APPROPRIATIONS
579	579	566 10-11-1: If at any time during the fiscal year it appears probable to the town manager that
580	580	567the revenues available shall be insufficient to meet the amount appropriated, they shall report to
581	581	568the town council, without delay, indicating the estimated amount of the deficit and any remedial
582	582	569actions taken by them and their recommendations as to any other steps to be taken. The town
583	583	570council shall then take such further action as it deems necessary and for that purpose may reduce,
584	584	571restrict or limit the use of the unexpended balance of appropriations.
585	585	572 SECTION 12 - TRANSFER OF APPROPRIATIONS
586	586	573 10-12-1: At any time during the fiscal year the town council may, upon recommendation
587	587	574of the town manager through the finance director, transfer part of or all of any unencumbered
588	588	575appropriation balance among programs within a department, office or agency and may transfer
589	589	576part or all of any unencumbered appropriation balance from one department, office or agency to
590	590	577another.
591	591	578 SECTION 13 - LIMITATION EFFECTIVE DATE
592	592	579 10-13-1: No appropriation for debt service may be reduced, restricted, limited or
593	593	580transferred and no appropriation may be reduced below any amount required by law to be
594	594	581appropriated or by more than the amount of the unencumbered balance thereof. The 30 of 41
595	595	582supplemental and emergency appropriations and reduction or transfer of appropriations
596	596	583authorized by this section may be made effective immediately upon adoption.
597	597	584 SECTION 14 - LAPSE OF APPROPRIATIONS
598	598	585 10-14-1: Every appropriation, except an appropriation for a capital expenditure, shall
599	599	586lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An
600	600	587appropriation for a capital expenditure shall continue in force until the purpose for which it was
601	601	588made has been accomplished or abandoned.
602	602	589 SECTION 15 - PAYMENTS AND OBLIGATIONS PROHIBITED
603	603	590 10-15-1: No payment shall be made or obligation incurred against any appropriation
604	604	591except in accordance with appropriations duly made and unless the town accountant first certifies
605	605	592that there is a sufficient unencumbered balance in such appropriation to cover the claim or meet
606	606	593the obligation when it becomes due and payable.
607	607	594 10-15-2: Any authorization or payment or incurring of obligations in violation of this
608	608	595charter shall be void and any payment so made illegal. Such action shall be cause for removal of
609	609	596any officer who knowingly authorized or made such payment or incurred such obligation and
610	610	597they shall also be liable to the town for the payment for any amount so paid. However, except
611	611	598where prohibited by the General Laws, nothing in this charter shall be construed to prevent the
612	612	599making or authorizing of payment or making of contracts for capital improvements to be
613	613	600financed wholly or partly by the issuance of bonds or to prevent the making of any contract or
614	614	601lease providing for payment beyond the end of the fiscal year; provided, however, that such
615	615	602obligation is funded by appropriation or authorized by the General Laws. 31 of 41
616	616	603 CHAPTER 11
617	617	604 NOMINATIONS AND ELECTIONS
618	618	605 SECTION 1 - TOWN ELECTIONS
619	619	606 11-1-1: The regular election for all town offices shall be by official ballot held on the
620	620	607second Tuesday in June.
621	621	608 11-1-2: Any person duly elected to any office or board shall take up the duties of their
622	622	609office on the first weekday of July; provided, however, that they first shall have been sworn into
623	623	610the faithful performance of their duties.
624	624	611 11-1-3: All provisions of the General Laws with regards to town elections shall apply,
625	625	612except as may herein be provided by this charter.
626	626	613 SECTION 2 - ELIGIBILITY OF TOWN VOTERS
627	627	614 11-2-1: Any registered voter of the town shall be eligible for election to any elective
628	628	615office or board of the town, except as otherwise limited by this charter.
629	629	616 SECTION 3 - FILLING OF VACANCIES IN ELECTED TOWN OFFICES
630	630	617 11-3-1: A vacancy in the office of town councilor whether caused by death, resignation,
631	631	618removal or recall shall be filled by a special election to be called within 30 days of said vacancy
632	632	619unless a regular town election shall occur within 180 days. Filling of vacancies of elected
633	633	620positions on town boards, other than the town council, shall be by joint convention with the town
634	634	621council and the remaining members of said board.
635	635	622 SECTION 4 - RECALL OF ELECTIVE OFFICERS 32 of 41
636	636	623 11-4-1: An elective officer of the town may be recalled and removed from public office
637	637	624by the voters of the town as herein provided. Any voter of the town may file with the town clerk
638	638	625a petition containing the name and title together with a statement of the grounds for their
639	639	626removal. Said petition shall be signed in ink or indelible pencil by qualified voters of the town
640	640	627equal to not less than 10 per cent of the voters registered at the last municipal election; provided,
641	641	628however, that no recall petition may be led against any officer until they shall have held office
642	642	629for not less than 6 months. Said petition shall be accompanied by affidavits as to the authenticity
643	643	630of signatures, signed and sworn to by each circulator. Said petition shall then be filed with the
644	644	631board of registrars of voters for certification. Within 10 days from such filing, the board of
645	645	632registrars of voters shall check each name to be certified and shall certify thereon the number of
646	646	633signatures so checked and shall report the results to the persons filing the petition, the town clerk
647	647	634and the town council.
648	648	635 11-4-2: Upon presentation of the certified petition to the town council, it shall become the
649	649	636duty of the town council within 30 days after the receipt thereof to order a special election which
650	650	637shall take place within 90 days but not sooner than 65 days after presentation of the certified
651	651	638petition to the town council. No such election shall be ordered if the term of office of such
652	652	639elective official shall expire within 120 days from the date of the original filing or if such
653	653	640elective officer shall resign from such office before the election. Said recall election shall be
654	654	641called and conducted in the same manner as is provided in the General Laws for the call and
655	655	642conduct of a special election.
656	656	643 11-4-3: The form of the question to be voted upon shall be substantially as follows: Shall
657	657	644(here insert the name and title of the elective officer whose recall is sought) be recalled?. A
658	658	645majority vote of the voters to recall such elective officer shall not be effective unless a total of 33 of 41
659	659	646not less than 15 per cent of the electorate entitled to vote on the question shall have voted. Recall
660	660	647of such elective officer shall become effective upon certification of the results of the voting
661	661	648thereon, regardless of any technical deficiency in the recall petition.
662	662	649 11-4-4: No person having been recalled or having resigned from office while recall
663	663	650proceedings were pending against them shall be appointed to any town office within 2 years
664	664	651following said recall or resignation.
665	665	652 SECTION 5 - ELECTION TO BE BY PLURALITY VOTE
666	666	653 11-5-1: Election to all town offices, established by this charter, shall be by a plurality of
667	667	654those voting on each office.
668	668	655 CHAPTER 12
669	669	656 GENERAL PROVISIONS
670	670	657 SECTION 1 - INITIATIVE PETITION AND REFERENDUM
671	671	658 12-1-1: The voters of the town shall have the power to propose by-laws and other
672	672	659measures within the authority of the town council by initiative petition and to review by-laws
673	673	660and other measures as set forth in section 12-4-1 of this charter by referendum in accordance
674	674	661with the procedures established by this charter.
675	675	662 12-1-2: At any election at which an initiative petition or a referendum is submitted to the
676	676	663voters, the polls shall be opened at 7 o’clock in the morning and shall be closed not earlier than 8
677	677	664o’clock in the evening and all votes upon any questions so submitted shall be taken by ballot.
678	678	665 SECTION 2 - INELIGIBLE MEASURES 34 of 41
679	679	666 12-2-1: None of the following shall be subject to the initiative or the referendum
680	680	667procedures: (i) proceedings relating to the internal organization or operation of the town council
681	681	668or of the school committee; (ii) an emergency measure adopted in conformity with the town
682	682	669charter; (iii) the town budget or the school committee budget as a whole; (iv) revenue loan
683	683	670orders; (v) any appropriation for the payment of the town’s debt or debt service; (vi) an
684	684	671appropriation of funds to implement a collective bargaining agreement; (vii) proceedings relating
685	685	672to the election, appointment, removal, discharge, employment, promotion, transfer, demotion or
686	686	673other personnel action; (viii) any proceedings repealing or rescinding a measure or part thereof
687	687	674which is protested by referendum procedures; and (ix) any proceeding providing for the
688	688	675submission or referral to the voters at an election.
689	689	676 SECTION 3 - INITIATIVE PETITION
690	690	677 12-3-1: The voters of the town may initiate legislation by submitting a petition to the
691	691	678town council which requests the submission of the proposed by-law or measure to a vote of the
692	692	679town council. Said petition must be signed by qualified voters of the town equal in number to not
693	693	680less than 5 per cent of the total number of voters registered at the last regular town election. Each
694	694	681copy of the petition shall have attached to it a copy of the proposed legislation. Said petition shall
695	695	682then be filed with the board of registrars of voters for certification.
696	696	683 12-3-2: Within 10 days from such filing, the board of registrars of voters shall check each
697	697	684name to be certified and shall certify thereon the number of signatures so checked and shall
698	698	685report the results to the persons filing the petition, the town clerk and the town council.
699	699	686 12-3-3: Upon presentation of the certified petition to the town council, it shall become the
700	700	687duty of the town council, within 30 days of receipt thereof, to pass and adopt or reject such by- 35 of 41
701	701	688law or measure without alteration as to meaning or effect. Should the town council reject the
702	702	689proposed legislation, it shall be the duty of the town council to forthwith submit the question to a
703	703	690vote at the next regular town election at which the qualified voters of the town of Southbridge
704	704	691shall vote on the question of adopting or rejecting the proposed legislation.
705	705	692 SECTION 4 - REFERENDUM
706	706	693 12-4-1: A vote passed by the town council authorizing the expenditure of $250,000 or
707	707	694more as a special appropriation or establishing a new town board or agency or abolishing an
708	708	695existing town board or agency or merging 2 or more town boards or agencies or fixing the term
709	709	696of town officers, where such term is optional or increasing, reducing the number of members of a
710	710	697board, adopting a new town by-law or amending an existing town by-law shall not be operative
711	711	698until after the expiration of 14 days.
712	712	699 12-4-2: If within said 14 days, a petition signed by not less than 5 per cent of the
713	713	700registered voters of the town containing their names and addresses as they appear on the list of
714	714	701registered voters is filed with the town clerk asking that the question or questions involved in
715	715	702such a vote be submitted to the registered voters of the town at-large, then the town council, after
716	716	703the expiration of 14 days, shall forthwith call a special election for the sole purpose of presenting
717	717	704to the registered voters at-large the question or questions so involved.
718	718	705 12-4-3: Each copy of the referendum petition shall have attached to it a copy of a brief
719	719	706description of the substance of the town council vote sought to be reviewed. The town clerk shall
720	720	707forthwith, upon the receipt of a referendum petition, cause the signatures appearing thereon to be
721	721	708certified by the board of registrars of voters who shall certify thereon within 10 days the number
722	722	709of signatures so checked and shall report the results to the persons filing the petition, the town 36 of 41
723	723	710clerk and the town council. Upon presentation of the certified referendum petition to the town
724	724	711council, it shall become the duty of the town council within 30 days after the receipt thereof to
725	725	712order a special election as aforesaid.
726	726	713 12-4-4: The questions so submitted shall be determined by a majority vote of the
727	727	714registered voters of the town voting thereon, but no action of the town council shall be reversed
728	728	715unless not less than 25 per cent of the registered voters shall vote. Each question so submitted
729	729	716shall be in the form of the following question which shall be placed upon the official ballot:
730	730	717“Shall the town vote to approve the action of the town council whereby it was voted (brief
731	731	718description of the substance of the vote)?” If such petition is not filed within said period of 14
732	732	719days, the vote of the town council shall become operative and effective upon the expiration of
733	733	720said period.
734	734	721 SECTION 5 - CHARTER AMENDMENT AND BY-LAW REVIEW
735	735	722 12-5-1: This charter may be revised or amended with the provisions of the home rule
736	736	723amendment of Article LXXXIX of the Amendments to the Constitution of the commonwealth
737	737	724and the Home Rule Procedures Act of chapter 43B of the General Laws.
738	738	725 12-5-2: The chair of the town council shall appoint a charter review committee consisting
739	739	726of 5 members, every 5 years. The committee shall report its recommendations to the town
740	740	727council within 1 year from the date of its appointment, unless extended by a majority vote of the
741	741	728town council.
742	742	729 12-5-3: In every year following the issuance of a report by a charter review committee,
743	743	730the chair of the town council shall appoint a by-law review committee consisting of 5 members. 37 of 41
744	744	731The committee shall report its recommendations to the town council within 1 year from the date
745	745	732of its appointment, unless extended by majority vote of the town council.
746	746	733 SECTION 6 - SEVERABILITY
747	747	734 12-6-1: If any provision of this charter is held invalid by a court of competent
748	748	735jurisdiction, such holding shall not affect the validity of the remainder of this charter.
749	749	736 SECTION 7 - SPECIFIC PROVISIONS TO PREVAIL
750	750	737 12-7-1: To the extent that any specific provision of this charter shall conflict with any
751	751	738general provision thereof, the specific provision shall prevail.
752	752	739 SECTION 8 - COUNTING OF DAYS
753	753	740 12-8-1: In counting days under this charter, every calendar day shall be counted,
754	754	741including Sundays and all holidays unless otherwise specified.
755	755	742 CHAPTER 13
756	756	743 TRANSITIONAL PROVISIONS
757	757	744 SECTION 1 - CONTINUATION OF EXISTING LAWS
758	758	745 13-1-1: All general laws, special laws, town by-laws, town council votes and rules and
759	759	746regulations of or pertaining to the town that are in force when this charter takes effect, and not
760	760	747specifically or by implication repealed hereby, shall continue in full force and effect until
761	761	748amended, repealed or rescinded by due course of law, or until they expire by their own
762	762	749limitation. 38 of 41
763	763	750 13-1-2: Where provisions of this charter conflict with provisions of town by-laws, rules,
764	764	751regulations, orders and special acts and acceptances of the General Laws, this charter provisions
765	765	752shall govern. All provisions of town by-laws, rules, regulations, orders and special acts not
766	766	753superseded by this charter shall remain in force.
767	767	754 SECTION 2 - DISPOSITION OF CERTAIN SPECIAL ACTS
768	768	755 13-2-1: Chapter 790 of the acts of 1975, an act clarifying the charter of the town of
769	769	756Southbridge, is repealed and shall no longer apply to the town of Southbridge.
770	770	757 SECTION 3 - CONTINUATION OF GOVERNMENT AND ADMINISTRATION
771	771	758 13-3-1: Except as otherwise provided in this charter, all town offices shall continue to
772	772	759perform their duties until re-elected or until successors to their respective positions are duly
773	773	760appointed or elected and qualified, or until their duties have been transferred and assumed by
774	774	761another office.
775	775	762 SECTION 4 - TRANSFER OF RECORDS AND PROPERTY
776	776	763 13-4-1: All records, property and equipment whatsoever of any town agency, or part
777	777	764thereof, the powers and duties of which are assigned in whole or in part to another town agency,
778	778	765shall be transferred forthwith to such agency.
779	779	766 SECTION 5 - EXISTING OFFICIALS AND EMPLOYEES
780	780	767 13-5-1: Any person holding a town office or employment with the town shall retain such
781	781	768office or employment and shall continue to perform the duties of the office until provisions shall
782	782	769have been made in accordance with this charter for the performance of those duties by another 39 of 41
783	783	770person or agency. No person in the permanent full-time service or employment of the town shall
784	784	771forfeit their pay grade or time in service.
785	785	772 SECTION 6 - EFFECT ON OBLIGATIONS, TAXES, ETC.
786	786	773 13-6-1: All official bonds, recognizances, obligations, contracts, and other instruments
787	787	774entered into or executed by or to the town before the adoption of this charter, and all taxes,
788	788	775assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the town, shall be
789	789	776enforced and collected; and all writs, prosecutions, actions and causes of action, except as herein
790	790	777otherwise provided, shall continue without abatement and remain unaffected by this charter; and
791	791	778no legal act done by or in favor of the town shall be rendered invalid by reason of the adoption of
792	792	779this charter.
793	793	780 SECTION 7 - TIME OF TAKING EFFECT
794	794	781 13-7-1: This charter shall become effective on the first business day of July in the year
795	795	782following the year in which this charter or any amendment thereto is approved by the general
796	796	783court or adopted by the voters, as may be applicable.
797	797	784 13-7-2: Upon implementation of this charter, The town council shall immediately review
798	798	785the rules and regulations of the town council to ensure they are in compliance with this charter.
799	799	786 13-7-3: Within 3 months after the adoption of this charter, the town council shall appoint
800	800	787a by-law review committee to review the town by-laws to ensure they are in compliance with this
801	801	788charter. Said committee shall report its recommendations to the town council within 6 months
802	802	789following their appointment. The committee may in its discretion and subject to appropriation,
803	803	790engage a legal consultant. 40 of 41
804	804	791 CHAPTER 14
805	805	792 CHARTER COMMISSIONS NOTES
806	806	793 SECTION 1 - INTENT OF NOTES
807	807	794 The following notes are intended by the nine-member charter commission elected on
808	808	795June 7, 2002, to clarify selected provisions of the charter.
809	809	796 Note 1: The intent of section 2-2-3 is to limit the term of office of town councilors to 3
810	810	797consecutive terms. A councilor reaching the end of such 3 terms would be eligible to hold the
811	811	798office of town councilor following a 1-year hiatus.
812	812	799 Note 2: The commission clarifies that if it is ever unclear as to the proper way in which
813	813	800any power of the town is to be exercised, or by whom any power of the town is to be exercised,
814	814	801the town council shall, consistent with section 2-4-1, provide for the exercise of such power and
815	815	802for the performance of all duties and obligations imposed upon the town by-law.
816	816	803 Note 3: The commission includes non-councilor members of committees in section 2-4-4
817	817	804to reduce the workload on councilors and to utilize expertise in the community. The commission
818	818	805emphasizes that all committees established by the town council are advisory and all committee
819	819	806members, including non-councilor members, shall have a vote for the purpose of committee
820	820	807business.
821	821	808 Note 4: Section 2-5-4 is intended to emphasize that the presence of all 9 members of the
822	822	809town council shall under no circumstances be required in order for the town council to conduct
823	823	810business. 41 of 41
824	824	811 Note 5: It is the intent of the commission that three non-council members of the five-
825	825	812member search committee provided for in section 4-1-2 be chosen on the basis of their proven
826	826	813expertise in hiring upper-level management. Further, while the hiring of a professional search
827	827	814firm is discretionary, the commission strongly recommends that the committee engage such a
828	828	815firm.
829	829	816 Note 6: The finance director’s performance of the duties of the manager in section 4-7-1
830	830	817is intended to last only as long as it takes the town council to appoint an acting town manager.
831	831	818 Note 7: The purpose of section 12-2-1, ineligible measures, is to promote stability in the
832	832	819management of the town’s affairs.
833	833	820 SECTION 2. (a) Section 4-2-5 of said charter, as appearing in section 1 , shall be
834	834	821submitted to the voters of the city known as the town of Southbridge for acceptance at the next
835	835	822annual or special election occurring not less than 35 days after the effective date of the act.
836	836	823 (b) If a majority of votes are cast in the affirmative, said section 4-2-5 of said charter
837	837	824shall take effect, but not otherwise.
838	838	825 SECTION 3. This act shall take effect upon its passage.