Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 7 of chapter 4 of the General Laws is hereby amended by inserting after clause Second the following clause:-

Second A, "Appointing authority", when used in connection with the opera- tion of municipal governments shall include the mayor of a city and the board of selectmen of a town unless some other local office is designated as the appointing authority under the provisions of a local charter.

SECTION 2. Said section 7 of said chapter 4 is hereby further amended by inserting after clause Third the following clause:-

Third A, "Board of selectmen", when used in connection with the operation of municipal governments shall include any other local office which is performing the duties of a board of selectmen, in whole or in part, under the provisions of a local charter.

SECTION 3. Said section 7 of said chapter 4 is hereby further amended by striking out clause Fifth, as appearing in the Tercentenary Edition, and inserting in place thereof the following three clauses:-

Fifth, "Charter", when used in connection with the operation of city and town government shall include a written instrument adopted, amended or revised pursuant to the provisions of chapter forty-three B which establishes and defines the structure of city and town government for a particular community and which may create local offices, and distribute powers, duties and responsibilities among local offices and which may establish and define certain procedures to be followed by the city or town government. Special laws enacted by the general court applicable only to one city or town shall be deemed to have the force of a charter and may be amended, repealed and revised in accordance with the provisions of chapter forty-three B unless any such special law contains a specific prohibition against such action.

Fifth A, "Chief administrative officer", when used in connection with the operation of municipal governments, shall include the mayor of a city and the board of selectmen in a town unless some other local office is designated to be the chief administrative officer under the provisions of a local charter.

Fifth B, "Chief executive officer", when used in connection with the operation of municipal governments shall include the mayor in a city and the board of selectmen in a town unless some other municipal office is designated to be the chief executive officer under the provisions of a local charter.

SECTION 4. Said section 7 of said chapter 4 is hereby further amended by inserting after clause Eighteenth A the following clause:-

Eighteenth B, "Legislative body", when used in connection with the operation of municipal governments shall include that agency of the municipal government which is empowered to enact ordinances or by-laws, adopt an annual budget and other spending authorizations, loan orders, bond authorizations and other financial matters and whether styled a city council, board of aldermen, town council, town meeting or by any other title.

SECTION 5. Section 1 of chapter 41 of the General Laws, as most recently amended by chapter 129 of the acts of 1980, is hereby further amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

Every town at its annual meeting shall in every year when the term of office of any incumbent expires, and except when other provision is made by law or by charter, choose by ballot from its registered voters the following town officers for the following terms of office:.

SECTION 6. Section 8 of chapter 43B of the General Laws, as appearing in section 1 of chapter 734 of the acts of 1966, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Each city or town shall provide its charter commission, free of charge, with suitable office space and with reasonable access to other facilities for holding public hearings, may contribute clerical and other assistance to such commission, and shall permit it to consult with and obtain advice and information from city or town officers and employees during ordinary working hours. Within twenty days after the election of a charter commission, the city or town treasurer shall credit to the account of the charter commission, with or without appropriation, the sum of two thousand dollars in a town of less than twelve thousand inhabitants, the sum of five thousand dollars in a city or town of twelve thousand or more but less than fifty thousand inhabitants, the sum of seven thousand five hundred dollars in a city or town of fifty thousand or more but less than one hundred thousand inhabitants and the sum of ten thousand dollars in any other city or town. Such sum shall be provided by taxation in the manner set forth in section twenty-three of chapter fifty-nine if payment is made prior to the fixing of the annual tax rate, and otherwise shall be provided by transfer by the treasurer from available funds or by borrowing in the manner and for the period provided in the case of final judgments under clause (11) of section seven of chapter forty-four, and subject to all other applicable provisions of said chapter forty-four except that such borrowing may be authorized by the city treasurer and city manager, if any, otherwise the mayor of the city and by the town treasurer and board of selectmen of a town. A city or town may appropriate such additional funds for its charter commission as is deemed necessary.

SECTION 7. Said chapter 43B is hereby further amended by adding the following section:-

Section 20. The provisions of any charter or charter amendment adopted pursuant to the provisions of this chapter shall be deemed consistent with the provisions of any law relating to the structure of city and town government, the creation of local offices, the term of office or mode of selection of local offices, and the distribution of powers, duties and responsibilities among local offices. Such provisions may provide:

(a) that any particular local office shall be either elected or appointed; provided, however, that in any town having a board of selectmen the members of such board shall always be elected; provided, further, that in any city or town having a school committee the members of such committee shall always be elected; and provided, further, that in any town having a form of town meeting open to all of its registered voters the town moderator shall always be elected and in every other case all of the members of the legislative body shall always be elected;

(b) that any particular local officer or employee shall be appointed by any particular local officer;

(c) for the number of persons to serve as members of any multiple member body; provided, however, that all such multiple member bodies shall always consist of an odd number of members;

(d) for the term of office to be served by any local elected officer; provided, however, that no term of office of a local elected officer shall be for more than five years, and the members of multiple member bodies shall serve for terms which, as nearly as possible, expire in different years;

(e) for the merger or consolidation of two or more local offices into a single office;

(f) that the powers, duties and responsibilities of one local office be divided and exercised by two or more local offices;

(g) for the confirmation of any appointment by another municipal agency.