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HOUSE DOCKET, NO. 4398 FILED ON: 2/11/2025
HOUSE . . . . . . . . . . . . . . . No. 3898
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David Paul Linsky
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to amend the town of Natick home rule charter.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex2/11/2025 1 of 27
HOUSE DOCKET, NO. 4398 FILED ON: 2/11/2025
HOUSE . . . . . . . . . . . . . . . No. 3898
By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 3898) of David
Paul Linsky (by vote of the town) relative to the charter of the town of Natick. Municipalities
and Regional Government. [Local Approval Received.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to amend the town of Natick home rule charter.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. After enactment of this Act, the Town of Natick shall place a ballot
2question on the ballot at the next regular municipal or state election, or earlier special election, if
3so called, which ballot question shall read:
4 “Shall the Town of Natick adopt the Charter amendments voted by Natick Town Meeting
5under Article 25 at the 2023 Fall Annual Town Meeting and under Article 2 of 2024 Special
6Town Meeting #1 and under Article 29 of 2024 Fall Annual Town Meeting and as enacted by the
7General Court in a Special Act, the text of which amendments are on file with the Office of the
8Town Clerk of Natick?
9 Yes _____ No _____”
10 If the number of “Yes” votes exceed the number of “No” votes at such election, these
11amendments shall take immediate effect, otherwise these amendments shall not take effect. 2 of 27
12 SECTION 2: Amendments applicable to all sections of the Charter
13 The title of the Town of Natick position of “town administrator” is hereby changed to
14“town manager” and that all references to “town administrator” in the pre-existing Town of
15Natick Home Rule Charter are hereby deleted and said title is herewith replaced with the term
16“town manager,” preserving the existing case formatting of the Town of Natick Home Rule
17Charter such that where the term “town administrator” appears in lower case it shall be replaced
18with the lower case phrase “town manager” and where term “Town Administrator” appears in
19upper case it shall be replaced with the upper case phrase “Town Manager”.
20 SECTION 3: Charter Article 2 amendments
21 Charter Section 2-6. The pre-existing Section 2-6(c) and the pre-existing Section 2-6(d)
22of the Town of Natick Home Rule Charter are hereby deleted and replaced, in numerical order,
23with the following replacement text as set forth below.
24 Section 2-6 Vacancies
25 (c) List of Persons Eligible to Fill Vacancies - Following each town election, the town
26clerk shall prepare for each precinct a list of persons who received votes for town meeting
27member, but who were not elected. Persons on each list shall be listed in descending order of
28votes received. The town clerk shall maintain each list until the next town election, removing
29from each list the names of persons: (1) who are appointed to fill vacancies, (2) who choose not
30to accept appointment when offered or (3) who are no longer eligible to be town meeting
31members. 3 of 27
32 The lists so prepared and maintained shall at all times be subject to the review and
33approval of the Town Moderator or the Town Moderator’s designee. The Town Moderator may
34prepare and maintain such lists in the event of failure of the Town Clerk to prepare and maintain
35the same on a timely basis.
36 (d) Filling of Vacancies - Whenever a vacancy has been declared to exist either by a letter
37of resignation filed with the town clerk, or (1) by the issuance of a certificate from the town clerk
38that such person has died or has removed from the town, or has failed to take the oath of office,
39or (2) there is a failure to elect a town meeting member, such vacancy shall be filled until the
40next town election from the list of persons eligible to fill vacancies in the precinct. The Town
41Moderator shall make appointments in accordance with the descending order of votes received
42on the lists. If necessary to resolve ties, the Town Moderator shall appoint a town meeting
43member to fill a vacancy by a lottery among those tied. Any such lottery shall be conducted at a
44time and place open to the public.
45 In the event of a failure to appoint a person to fill a vacancy in a position of town meeting
46member, or the failure of a person so appointed to qualify, the Town Moderator shall schedule a
47caucus among the then current town meeting members in the precinct in question for the purpose
48of selecting a person to fill the vacant town meeting member position. Any such caucus shall be
49conducted at a time and place open to the public. The Town Moderator shall provide written
50notice of the date, time and location of such caucus to the then current town meeting members in
51the precinct in question, at least forty-eight hours (48) hours prior to such caucus, except where
52such forty-eight (48) hours is not possible due to town meeting scheduling requirements. 4 of 27
53 Notice of such caucus shall be posted on the Natick Town Hall bulletin board and shall
54be posted on the Town of Natick website, in each event at least forty-eight (48) hours prior to
55such caucus, except where such forty-eight (48) hours’ notice is not possible due to town
56meeting scheduling requirements.
57 The Town Moderator or the Town Moderator’s designee shall preside over such caucus.
58The eligible candidate who resides in the precinct in question and who receives the highest
59number of votes at such caucus shall serve as a town meeting member until the next annual town
60election.
61 Charter Article 2-10. The pre-existing Section 2-10(a) of the Town of Natick Home Rule
62Charter is hereby deleted and replaced, in numerical order, with the following replacement text
63as set forth below.
64 (a) Representatives of Town Agencies – The Town Moderator may require and schedule
65designated representatives of each town agency to attend any specific or all sessions of the
66representative town meeting for the purpose of providing the town meeting members with
67information pertinent to warrant articles concerning such town agencies. The Town Moderator
68may require such attendance to be in the same manner as attendance by town meeting members.
69If any such person is deterred by illness or other reasonable cause from attending, such person or
70the Town Moderator shall designate a deputy to attend in their place. The Town Moderator may
71establish procedures and requirements concerning remote accessibility of, contact for or
72participation by representatives from any town agency for the purposes of pertinent information
73to town meeting members. All representatives of town agencies, including any who may not be
74town residents, shall, during the consideration of articles affecting said agencies, have the same 5 of 27
75right to speak as a town meeting member, but shall have no right to make motions, or to vote.
76Nothing in this section shall prevent the Select Board, the School Committee, other elected
77multiple member body, the town manager, or the school superintendent from directing persons
78under their supervision or appointive control to attend any session of representative town
79meeting.
80 Charter Section 2-11. The pre-existing Section 2-11(b) of the Town of Natick Home Rule
81Charter is hereby deleted and replaced, respectively in numerical order, with the following
82replacement text set forth below.
83 (b) Initiation of Articles - The Select Board shall insert in the warrant all petitions which
84are addressed to and received by it and which request the submission of particular subject matter
85to the representative town meeting and which are filed by: (1) any elected town officer, (2) any
86eligible multiple member body, acting by a majority of its members, (3) any ten or more
87registered voters of the town for any annual town meeting and any one hundred or more
88registered voters of the town for any special town meeting as detailed in Massachusetts General
89Laws Chapter 39, Section 10, (4) such other persons or agencies as may be authorized by law, or
90by by-law.
91 All such requests for submission of matters shall be in writing, but they shall not be
92required to conform to any particular style or form. The Select Board shall within fourteen days
93of receipt of a proposed zoning by-law amendment submit the same to the planning board for
94review.
95 SECTION 4: Charter Article 3 amendments 6 of 27
96 Charter Section 3-1(d) (8). The pre-existing Section 3-1(d)(8) of the Town of Natick
97Home Rule Charter is hereby deleted and replaced with the following replacement language set
98forth below.
99 (8) Application of State Laws - Except as otherwise provided in this charter, the laws of
100the commonwealth governing town elections, special elections of town officers and special
101elections in towns shall, so far as applicable, govern such elections in the town of Natick. The
102foregoing procedures on preliminary elections shall not apply whenever the laws of the
103Commonwealth regarding ranked choice voting in local elections shall be effective in the town.
104 Charter Section 3-1(f). The pre-existing Section 3-1(f) of the Town of Natick Home Rule
105Charter is hereby deleted and replaced with the following replacement language, as set forth
106below.
107 (f) Coordination - Notwithstanding their election by the voters, the town officers,
108excluding the Town Moderator named in this section shall be subject to the call of the Select
109Board or the town manager , at all reasonable times, for consultation, conference and discussion
110on any matter relating both i) to their respective offices and ii) joint or overlapping areas of
111administrative activity or policy for the purpose of furthering coordinated administration of
112fiscal, prudential or municipal affairs of the executive branch of the town. Persons appointed by
113the Moderator are not subject to the call of the Select Board or town manager.
114 Notwithstanding this provision, the Select Board or town manager may request
115consultation, conference, or discussion with any multiple member body or town agency on any
116matter concerning the administration referenced in this sub section.” 7 of 27
117 Charter Section 3-2(b). The pre-existing Section 3-2(b) of the Town of Natick Home
118Rule Charter is hereby deleted and replaced with the replacement language set forth below.
119 (b) Powers and Duties - The executive powers of the town shall be vested in the Select
120Board which shall be deemed to be the chief executive office in the town. The Select Board shall
121have all of the executive powers it is possible for a Select Board to have and to exercise. The
122Select Board shall serve as the chief policy making town agency. It shall be responsible for the
123issuance of policy directives and guidelines to be followed by all town agencies serving under it
124and, in conjunction with other elected town officers, to develop and to promulgate policy
125guidelines designed to bring all agencies of the town into harmony. Provided, however, nothing
126in this section shall be construed to authorize any member of the Select Board, nor a majority of
127them, to become involved in the day-to-day administration of any town agency. It is the intention
128of this provision that the Select Board shall act only through the adoption of broad policy
129guidelines which are to be implemented by officers and employees appointed by or under its
130authority.
131 The Select Board shall cause a record of all its official acts to be kept. To aid it to
132perform its duties, the Select Board shall appoint a town manager as provided in Article 4.
133 Charter Section 3.2(c). The pre-existing Section 3-2(c) is hereby deleted and replaced,
134respectively in numerical order, with the following replacement language as set forth below.
135 (c) Appointment Powers - The Select Board shall, by a majority vote of the Select Board
136then elected and serving, appoint a town manager for a term of not more than three years, and
137may by a two thirds vote of the Select Board then elected and serving, appoint a town manager
138for a longer term not to exceed five years; three registrars of voters for terms of three years each, 8 of 27
139so arranged that one such term of office shall expire each year; a board of appeals to consist of
140five members appointed for terms of three years each, so arranged that as nearly an equal number
141of such terms as is possible shall expire each year, and three associate members appointed for
142terms of three years each, so-arranged that one such term of office shall expire each year; a
143conservation commission to consist of seven members appointed for terms of three years each,
144so arranged that as nearly an equal number of such terms as is possible shall expire each year;
145and shall either appoint or, by affirmative vote, approve the appointment of such other town
146agencies or officers as provided and specified in Article 6.
147 The Select Board shall also appoint such other members of multiple member bodies as
148may be provided by town meeting vote or by their own vote for the purpose of conducting
149various studies.
150 Charter Section 3-10(c). A new Charter Section 3-10(c) is hereby inserted with the
151following new language as set forth below.
152 (c) Appointment Powers - The town moderator shall appoint a deputy moderator, to
153preside temporarily over representative town meeting in the temporary absence of the moderator.
154The moderator may also direct the deputy moderator to assist the moderator in performance of
155the moderator’s duties and responsibilities. The deputy moderator shall be appointed for a term
156not to exceed the remaining term of the moderator. The town moderator, but not the deputy
157moderator, shall have such other appointment power as provided in statute, charter or the bylaws
158or other vote of town meeting. 9 of 27
159 Charter Section 3-12 . The pre-existing Section 3-12(b) of the Town of Natick Home
160Rule Charter is hereby deleted and replaced with the following replacement language, as set
161forth below.
162 (b) Powers and Duties - The recreation and parks commission shall advise the town
163manager and the responsible department heads on all matters relating to recreational programs
164conducted by the recreation and parks department and on the maintenance of recreational
165facilities where those
166 programs are conducted. The commission shall assure that programs are devised and
167conducted to meet the leisure time needs of all segments of the population. The recreation and
168parks commission shall also advise the Select Board on policies and practices for parks and
169recreation in the town. Whenever the position of director of recreation and parks department
170shall become vacant, the commission shall serve as a screening committee for the filling of such
171vacancy and shall submit two or more names to the town manager from whom the appointment
172shall be made.
173 SECTION 5: Charter Article 4 amendments
174 Charter Section 4-1(a), (b), and (c). The pre-existing Section 4-1(a), (b), and (c) of the
175Town of Natick Home Rule Charter are hereby deleted and replaced, respectively in numerical
176order, with the following replacement language set forth below.
177 TOWN MANAGER
178 Section 4-1 Appointment, Review, Other Activities 10 of 27
179 (a) Appointment, Term of Office - The Select Board shall, by a majority vote of the
180Select Board then elected and serving, appoint a town manager, to serve for a term of not more
181than three years, and may by a two-thirds vote of the Select Board then elected and serving
182appoint
183 a town manager for a longer term not to exceed five years provided, however, that the
184first six months of any individual's first appointment to the office shall be considered a
185probationary period. The Select Board shall make the appointment of a town manager from a list
186prepared by a screening committee in accordance with procedures and qualifications established
187by bylaw.
188 The town manager shall be appointed solely on the basis of executive and administrative
189qualifications and shall be a person especially fitted by education, training and previous
190experience in business or public administration to perform the duties of the office of town
191manager.
192 (b) Performance Review - The Select Board shall annually provide for a review of the job
193performance of the town manager which shall, at least in summary form, be a public record.
194 (c) Restriction on Other Activities - The town manager shall devote full time to the duties
195of the office and shall not hold any other public office, elective or appointive, nor shall the town
196manager engage in any other business, occupation, or profession during their term unless such
197action is approved, in advance, in writing, by the Select Board.”
198 Charter Section 4-2 and Section 4-3(a), (b) and (c). The pre-existing Section 4-2, the
199preexisting Sections 4-3(a), (b) and (c) of the Town of Natick Home Rule Charter are hereby 11 of 27
200deleted, and replaced, respectively in numerical order, with the following replacement language
201set forth below.
202 Section 4-2 Powers and Duties
203 The town manager shall be the chief administrative officer of the town and shall be
204responsible to the Select Board for the proper administration of all town affairs placed under the
205town manager’s charge by or under the charter and by-laws. The powers and duties of the town
206manager shall include, but are not intended to be limited to, those listed below in this section.
207 Accordingly, the town manager:
208 1) Shall supervise, direct and be responsible for the efficient administration of all
209functions placed under the town manager’s control by the charter, by by-law, by town meeting
210vote, by vote of the Select Board, or otherwise, including all officers appointed by the town
211manager and their respective department.
212 2) Shall coordinate the activities of all town agencies under the town manager’s control
213with those under the control of officers and multiple member bodies who are elected directly by
214the voters of Natick.
215 3) Shall appoint, and may remove, subject to the civil service law and any collective
216bargaining agreements as may be applicable, all department heads, all officers, subordinates and
217employees for whom no other method of selection is provided by the charter or by-laws, except
218persons serving under officers and multiple member bodies directly elected by the voters of
219Natick. Copies of all proposed appointments of the town manager shall be posted forthwith on
220the town bulletin board. Except as provided elsewhere in the charter or by-law concerning 12 of 27
221appointments requiring affirmative vote approval of the Select Board, appointments made by the
222town manager shall become effective on the fifteenth day following the day on which notice of
223the proposed appointment is filed with the Select Board, unless the Select Board shall within
224such period by majority vote of the full board vote to reject such appointment or has sooner
225voted to affirm it.
226 4) Shall be entrusted with the administration of a town personnel system, including, but
227not limited to personnel policies and practices, rules and regulations, including provisions for an
228annual employee performance review, and amendments to the personnel by-law as warranted.
229The town manager shall prepare, maintain, and keep current, a plan establishing the personnel
230staffing requirements of each town agency, except those under the jurisdiction of the school
231committee. The town manager may be advised in connection with the administration of the town
232personnel system by a personnel board established by by-law.
233 5) Shall attend all regular and special meetings of the Select Board, unless excused at the
234town manager’s own request, and shall have a voice, but no vote, in all of its proceedings.
235 6) Shall attend all sessions of the representative town meeting and shall answer all
236questions addressed to the town manager related to warrant articles and which are related to
237matters under the town manager’s general supervision.
238 7) Shall assure that all provisions of state laws, the charter, the by-laws and other votes of
239the town meeting, votes of the Select Board and of other town agencies which require=
240enforcement either by the town manager or by officers or employees subject to the town
241manager’s general supervision and direction, are faithfully carried out, performed and enforced. 13 of 27
242 8) Shall prepare and submit, in the manner provided in Article 5, the fiscal documents
243pertaining to the annual operating budget and proposed capital outlay program for the town.
244 9) Shall keep the Select Board fully informed as to the fiscal condition and needs of the
245town and shall make such recommendations to the Select Board and to other elected and
246appointive officers as the town manager may deem to be necessary or desirable.
247 10) Shall assure that full and complete records of the financial and administrative
248activities of the town are kept and shall render full reports to the Select Board at the end of each
249fiscal year and at such other periods as it may reasonably require.
250 11) Shall have full jurisdiction over the rental and use of all town facilities except those
251under the jurisdiction of the school committee. The town manager shall be responsible for the
252maintenance and repair of all town facilities, including, if authorized by a town meeting vote,
253those under the jurisdiction of the school committee.
254 12) May at any time inquire into the conduct of the office or performance of duty of any
255town officer, town employee or town agency under the town manager’s general supervision.
256 13) Shall assure that a full and complete inventory of all town-owned property, both real
257and personal, is kept including all property under the jurisdiction of the school committee and
258other elected town officers or multiple member bodies. However, immaterial or de minimis items
259shall not be subject to this inventory requirement.
260 14) Shall be responsible for the negotiation of all contracts and collective bargaining
261agreements with town employees over wages, hours, and other terms and conditions of
262employment, except those under the jurisdiction of the school committee. 14 of 27
263 15) Shall be responsible for the purchase of all supplies, materials and equipment, and
264shall award all contracts for supplies, materials and equipment for all departments and activities
265of the town, except for the school department. The town manager shall examine and inspect, or
266cause to be examined and inspected, the quality and the condition of all supplies, materials and
267equipment delivered to or received by any town
268 department, except the school department and shall, in addition, be responsible for the
269disposal of all surplus supplies, materials and equipment for all departments and activities of the
270town, except for the school department.
271 16) May in the manner provided in Article 6 reorganize, consolidate or abolish town
272agencies serving under the town manager’s general supervision in whole or in part, provide for
273new town agencies and when incident to any such organization, with the approval of the finance
274committee, transfer all or a portion of the appropriation made for one town agency to another.
275 17) Shall be in charge of all machines and software other than machines and software
276used for educational or classroom purposes, and shall allocate the use thereof among the several
277town agencies.
278 18) May authorize any subordinate officer or employee to exercise any power or duty
279which the town manager is authorized to perform, provided however, that all acts which are
280performed under any such delegation shall be deemed to be the town manager’s acts.
281 19) Shall perform such other duties as may be required by the charter, by by-law, by town
282meeting vote, by vote of the Select Board, or otherwise.
283 Section 4-3 Acting Town Manager 15 of 27
284 (a) Temporary Absence - The town manager shall, by letter filed with the Select Board
285and a copy filed with the town clerk, designate a qualified town officer or employee to exercise
286the powers and perform the duties of the office of town manager during such temporary
287 absence. During the temporary absence of the town manager, the Select Board may not
288revoke such designation until at least ten working days have elapsed, whereupon it may
289designate another qualified town officer or employee to serve as acting town manager until the
290town manager shall return and assume town manager’s duties.
291 (b) Vacancy - Any vacancy in the office of town manager shall be filled as soon as
292possible by the Select Board but pending such appointment the Select Board shall designate a
293qualified town officer or employee or other qualified individual to perform the duties of the town
294manager on an acting basis. The appointment of an acting town manager shall be for a term not
295to exceed three months, provided, however, renewals not to exceed three months each and not to
296exceed a total of an additional nine months may be provided.
297 (c) Powers and Duties - The powers of a temporary or acting town manager, under (a) or
298(b) above, shall be limited to matters not admitting of delay and shall include authority to make
299appointments or designations to town office or employment, except that, for positions reporting
300directly to the town manager, only an acting appointment or designation may be made unless a
301permanent appointment is authorized in advance by the Select Board and the appointee is
302subsequently approved by the Select Board.
303 Charter Section 4-4. The pre-existing Section 4-4, including subsections 4-4(a), (b), (c),
304(d) and (e), of the Town of Natick Home Rule Charter is hereby deleted and replaced,
305respectively in numerical order, with the following replacement language set forth below and a 16 of 27
306new Charter Section 4(f) is hereby inserted to follow replaced Charter Section 4(e), the text of
307which new Charter Section 4 (f) is set forth below.
308 Section 4-4 Removal and Suspension
309 The Select Board, by a vote of the majority of the Select Board then elected and serving,
310taken with the prior notice to all Select Board members such that all Select Board members have
311a reasonable opportunity to be present, may terminate the town manager from such office in
312accordance with the following procedure:
313 (a) During probationary period: notice in writing of termination.
314 (b) After probationary period: The town manager shall not be dismissed except for
315inefficiency, incapacity, conduct unbecoming the office, insubordination or other good cause,
316nor unless at least thirty days prior to the meeting at which the vote is to be taken, the town
317manager shall have been notified of such intended vote; nor unless, if town manager so requests
318in writing, the town manager shall have been furnished by the Select Board with a written
319statement of the charge or charges or the cause or causes for which such dismissal is proposed;
320nor unless, if the town manager so requests in writing, the town manager has been given a
321hearing before the Select Board which may be either public or private at the option of the town
322manager, and at which the town manager may be represented by counsel, present evidence, and
323call witnesses to testify in the town manager’s behalf and examine them.
324 (c) Anything contained in this provision to the contrary notwithstanding, the nonrenewal
325of the term of appointment of the town manager shall not be considered to be a dismissal and the
326provisions of this Section, 4-4 (a) and (b), shall not apply. 17 of 27
327 (d) The town manager may be suspended from office by a procedure following the same
328steps outlined above for removal.
329 (e) The town manager shall continue to receive full salary until thirty days following the
330date a final vote of removal has become effective.
331 (f) Notwithstanding any provision of the charter to the contrary, no performance review
332of the town manager by a Select Board and no defect or omission by a Select Board in the
333performance review of the town manager, or failure of the Select Board to conduct a
334performance review of the town manager, shall constitute an impediment or barrier to removal or
335suspension under this section.”
336 SECTION 6: Charter Article 5 Amendments
337 Charter Section 5-2(a), Section 5-3, Section 5-4, Section 5-5, Section 5-6, and Section 5-
3388
339 The pre-existing Section 5-2(a), Section 5-3, Section 5-4, Section 5-5, Section 5-6 and
340Section 5-8 of the Town of Natick Home Rule Charter are hereby deleted, and replaced,
341respectively in numerical order, with the following replacement language set forth below.
342 Section 5-2 School Department Budget
343 (a) Submission to Town Manager - The superintendent of schools’ proposed budget shall
344be submitted to the town manager in sufficient time to enable the town manager to consider its
345effect on the total town budget which the town manager is required to submit under this article.
346 Section 5-3 Submission of Preliminary Budget 18 of 27
347 Within a time fixed by by-law, before the date on which the representative town meeting
348is to meet in its spring session, the town manager shall submit to the finance committee a
349preliminary budget for the ensuing year, with an accompanying budget message and supporting
350documents. The town manager shall, simultaneously, provide for the publication in a local
351newspaper a general summary of the preliminary budget. This notice shall also indicate the times
352and places at which complete copies of the preliminary budget and accompanying materials are
353available for examination by the public.
354 Section 5-4 Budget Message
355 The budget message submitted by the town manager shall, at a minimum:
356 • Provide a comprehensive overview of the proposed budget;
357 • Explain the Town’s fiscal condition including noteworthy changes in various
358revenue and expense categories as well as reserves;
359 • Outline proposed financial policies of the town for the ensuing fiscal year;
360 • Indicate any major variations from the current financial policies together with the
361reasons for such changes;
362 • Identify changed priorities and the reasons for such changes;
363 • Summarize the town’s debt position;
364 • Provide an analysis of significant trends and fiscal challenges and the
365administration’s proposed responses thereto; 19 of 27
366 • Describe and summarize significant changes, if any, in town services and/or
367staffing levels and the reasons for such changes;
368 • Include such additional information as the town manager deems desirable or the
369Select Board may require;
370 • The Representative Town Meeting may, by by-law, require certain information on
371assets and liabilities of the Town to be provided as part of the budget message.
372 Section 5-5 The Preliminary Budget
373 The preliminary budget, in conjunction with the town manager’s budget message, shall
374provide a complete financial plan of all town funds, including the superintendent of schools’
375proposed budget as submitted under Section 5-2 and shall explain differences, if any, between
376that proposal and the town manager’s recommended appropriation for the school department.
377The preliminary budget must clearly identify any variances between the total recommended
378appropriations and projected available revenues and identify one or more scenarios for
379addressing such variances. Except as may otherwise be required by general law, or by the
380charter, the financial plan shall be in the form the town manager deems desirable, or as the Select
381Board may require. In the presentation of the preliminary budget, the town manager shall make
382use of modern concepts of fiscal presentation so as to furnish a maximum amount of information
383and the best financial controls. Any and all submitted budgets shall be arranged to show the
384actual and estimated revenues and expenditures for the previous, current, and ensuing fiscal
385years and shall indicate, in separate sections: 20 of 27
386 (a) Proposed expenditures for current operations during the ensuing fiscal year, detailed
387by town agency, function and work programs, and the proposed methods of financing such
388expenditures.
389 (b) Proposed capital expenditures during the ensuing fiscal year, detailed by town agency,
390and the proposed methods of financing such expenditures.
391 (c) Estimated surplus revenue and free cash at the end of the current fiscal year, including
392estimated balances in any special accounts established for specific purposes.
393 Section 5-6 Action on the Town Manager’s Preliminary Budget
394 (a) Public Hearing - The finance committee shall forthwith, upon receipt of the
395preliminary budget, provide for the publication in a local newspaper of a notice stating the initial
396date, time and place, not less than seven nor more than fourteen days following such publication,
397when the first of one or more public hearings will be held by the finance committee on the
398preliminary budget.
399 (b) Review - The finance committee shall consider, in open public meetings, the detailed
400expenditures proposed by each town agency and may confer with representatives of any town
401agency in connection with its review and consideration. The finance committee may require the
402town manager, or any other town agency, to furnish it with such additional information as it may
403deem necessary to assist it in its review of any submitted budget.
404 (c) Presentation to the Representative Town Meeting - The finance committee shall file a
405report containing its recommendations for actions on the proposed budget which shall be
406available at least seven days prior to the date on which the town meeting acts on the proposed 21 of 27
407budget. When the proposed budget is before the town meeting for action it shall first be subject
408to amendment, if any, by the finance committee.
409 Section 5-8 Capital Improvement Program
410 The town manager shall submit a capital improvement program to the Select Board and
411to the finance committee at least thirty days prior to the date fixed by by-law for the submission
412of the proposed operating budget. The capital improvement program shall include, but need not
413be limited to the following:
414 (a) A clear, concise, general summary of its contents.
415 (b) A listing of all capital expenditures proposed to be made, by years, during the five
416fiscal years next ensuing, with supporting information as to the need for each such expenditure.
417 (c) Cost estimates, methods of financing and recommended time schedules.
418 (d) The estimated annual cost of operating and of maintaining any new facility or piece of
419major equipment involved.
420 The information is to be annually revised with regard to all items still pending, or in the
421process of being acquired, improved or constructed.
422 SECTION 7: Charter Article 6 amendments
423 Charter Section 6-1. The pre-existing Section 6-1, including subsections 6-1(a) and 6-
4241(b), is hereby deleted and replaced, respectively in numerical order, with the following
425replacement language set forth below.
426 Section 6-1 Organization of Town Agencies 22 of 27
427 The organization of the town into operating agencies for the provision of services and the
428administration of the government may be accomplished through one of the methods provided in
429this section.
430 (a) By-Laws - Subject only to an express prohibition in a general law or this charter, the
431representative town meeting may, by by-law, reorganize, consolidate or abolish, create, merge or
432divide, alter the term of office, the manner of selection, or, if a multiple member body, the
433number of members of any town agency, in whole or in part, establish new town agencies and
434may prescribe the functions, powers, duties and responsibilities of any such town agency.
435 The charter and by-laws shall take precedence over any other organization,
436reorganization, or modification under this Section 6-1.
437 (b) Administrative Code - The town manager, after consultation with the Select Board,
438may from time to time, prepare and submit to the representative town meeting plans of
439organization, or reorganization of town agencies, as provided in Section 4-2 (16).
440 Whenever the town manager prepares such a plan, the town manager shall, in conjunction
441with the Select Board, hold one or more public hearings on such proposal, giving notice by
442publication in a local newspaper of the date, time and place of the public hearing and the scope
443of the proposal.
444 The town manager shall, following such hearing provide for the submission of the
445proposed organizational plan, which may be amended or revised as a result of information
446developed at the public hearing, to be submitted to the next session of the representative town
447meeting. The authority of the representative town meeting concerning the proposed
448organizational plan shall be limited to the approval or the rejection of it; the representative town 23 of 27
449meeting shall not vote to amend or to alter the proposed plan. No proposed plan under this
450subsection shall contradict the provisions of any by-law.
451 Charter Article 6 Sections 6-3 and 6-4 and 6-5 . The pre-existing Section 6-3 and the pre-
452existing Section 6-4 and Section 6-5 are hereby deleted. Further, new Charter Section 6-3 and
453new Charter Section 6- 4 are hereby inserted in the Natick Home Rule Charter, respectively in
454numerical order, with the following new language as set forth below.
455 Section 6-3 Additional Appointments by the Select Board
456 (a) Appointments - In addition to appointments provided in statute, elsewhere in the
457charter or in by-law, the Select Board shall appoint a town comptroller as provided for in by-law
458for a term of up to five years, a director of veterans’ services for a term of up to five years, a
459police chief for a term of up to five years, a fire chief for a term of up to five years and town
460counsel as provided in by-law. Subject to by-law, the town comptroller appointed by the Select
461Board under this sub section may appoint assistants subject to the approval of the Select Board.
462 (b) Approval of Appointments Made By The Town Manager - The appointments made
463by the Town Manager for treasurer-collector, assistant treasurer collector, and town clerk shall
464each separately be subject to the affirmative vote approval of the Select Board. Failure of the
465Select Board to act regarding the approval or disapproval of any such appointee of the town
466manager within thirty days of notice to the Select Board shall constitute an affirmative approval
467by the Select Board. To empower the approval by the Select Board under this subsection, the
468Town Manager shall forthwith notify the Select Board of any vacancy or resignation from the
469positions in this subsection. In the event of any failure of the town manager to appoint or to
470promote on a timely basis, such appointments and promotions may be made by the Select Board 24 of 27
471following the same requirements referenced in the following section. The provisions of this
472subsection shall apply to reappointments.
473 Section 6-4 Additional Appointments by the Town Manager
474 (a) Additional Appointments - In addition to other appointments as may be required or
475provided for elsewhere in the charter or by-laws, the town manager shall, notwithstanding any
476law to the contrary, appoint, subject to the provisions of Section 6-3, the positions in this Section
4776-4 as provided below. The town meeting may, by by-law and not inconsistent with law,
478establish minimum qualifications, education, experience duties and responsibilities for the
479positions named in this subsection. The town meeting may, by by-law, and the Select Board by
480vote may require the town manager to use assessment centers, similar techniques, screening
481committees or other evaluation processes for candidates for these positions. Any person
482appointed under this subsection may be removed or suspended by the Town Manager accordance
483with Article 7 Section 7-11. The provisions of this subsection shall apply to reappointments.
484 (b) Treasurer Collector and Assistant Treasurer Collector - There shall be a treasurer-
485collector appointed by the Town Manager for a term of up to five years and an assistant
486treasurer-collector appointed by the Town Manager for a term of up to five years.
487 (c) Town Clerk - There shall be a town clerk appointed by the Town Manager for a term
488of three years.
489 Transition Provisions 25 of 27
490 The Special Legislation to Amend the Home Rule Charter of the Town of Natick hereby
491provides by inserting under the heading therein “Transition Provisions,” as new section 6-5, the
492following language set forth below.
493 6-5 Transition Provisions for Office of the Comptroller, Assistant Comptroller,
494Treasurer- Collector, Treasurer, Collector and Assistant Treasurer Collector and Town Clerk The
495pre-existing provisions of Section 6-3, pertaining to the qualifications, powers and duties of the
496Office of the Comptroller and the Assistant Comptroller, and the pre-existing provisions of
497Section 6-4, pertaining to the Treasurer-Collector, Treasurer, Collector, and the Assistant
498Treasurer-Collector and the pre-existing provisions of Section 6-5 pertaining to the Town Clerk
499shall remain in effect in the Town of Natick until a by-law addressing said matters in said
500sections shall take effect in the Town.
501 SECTION 8: Charter Article 7 amendments
502 Charter Section 7-5. The pre-existing Section 7-5 of the Town of Natick Home Rule
503Charter is hereby deleted and replaced, in numerical order, with the following replacement
504language as set forth below.
505 Section 7-5 Number and Gender
506 Words importing the singular number may extend and be applied to several persons or
507things; words importing the plural number may include the singular; words, if any, importing a
508particular gender shall include all genders. 26 of 27
509 Charter Section 7-7. The pre-existing subsections (e) and (g) of Section 7-7, entitled
510“Definitions”, are hereby deleted and replaced, in numerical order, with the following
511replacement language as set forth below.
512 (e) Local Newspaper – Unless otherwise required by the general laws, the words “local
513newspaper” shall, for the purposes of the town charter and by-laws, mean a newspaper of general
514circulation in the town of Natick, the town’s website, public temporary signage, social media
515and/or other communication means that alone or in any combination are reasonably capable of
516reaching and informing the citizens of the town based on a good faith determination made, from
517time to time, by the Select Board at a public hearing.
518 (g) Multiple Member Body - The words “multiple member body” shall mean any town
519body consisting of two or more persons, whether elected, appointed, or otherwise constituted, but
520not to include the representative town meeting. An “eligible multiple member body” is any
521existing multiple member body that has been created by and given a charge of powers, duties
522and/or responsibilities in statute, charter, by-law or vote of town meeting.
523 Charter Section 7-10. The pre-existing Section 7-10, entitled “Notice of Vacancies,” is
524hereby deleted and replaced, in numerical order, with the following replacement language as set
525forth below.
526 Section 7-10 Notice of Vacancies
527 (a) Whenever a vacancy occurs in any town agency, or in town employment, or when by
528reason of retirement or the expiration of a fixed term, a vacancy can be anticipated, the Select
529Board, or other appointing authority shall forthwith cause public notice of the vacancy or
530impending 27 of 27
531 vacancy to be posted for not less than ten days. Such notice shall contain a description of
532the duties of the office or position and a listing of necessary or desirable qualifications for the
533position. No permanent appointment to fill a position shall be effective until at least fourteen
534 days have elapsed following such posting, to permit reasonable consideration of all
535applicants. This section shall not apply to positions covered by the civil service law and rules or
536if in conflict with the requirements provided under the terms of a collective bargaining
537agreement.
538 (b) When the term of any non-compensated appointed position is due to expire, the
539position shall be advertised, even if a vacancy is not anticipated.
540 (c) The above requirements do not apply to the expiration of appointments for a
541compensated positions where a vacancy does not exist or is not anticipated.