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