Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
authorize forthwith towns to make certain elective officers appointive,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Chapter 41 of the General Laws is hereby amended by inserting after
section 1A the following section:-
Section 1B. Any office or board, except the board of selectmen
and the school committee,
elected under the provisions of section 1 may become an appointed
position or board
by a majority vote of the annual or special town meeting and acceptance by the
voters
of the town at the annual town elections; provided, however, that any vote by a
special town meeting taken under the provisions of this section shall take
place at least 60 days prior to the acceptance of the voters at the annual
town
election. Such acceptance by the voters shall be in the form of the following
question, to be placed on the official ballot:
Shall the town vote to have its elected (Title of office or
board) become an appointed (Title of office or board) of the town?
Yes ______ No ______
If a majority of votes cast in answer to said question is in the affirmative,
said office or board shall become appointed in accordance with the provisions
of this section.
Any incumbent of such office or board serving at the time of
acceptance by the voters shall continue to hold said office and to perform the
duties thereof until the expiration of the term for which said individual was
elected or until said individual otherwise vacates such office; provided,
however, that any individual elected to an office or board which becomes an
appointed office or board at the same election, under the provisions of this
section, shall hold said office and perform the duties thereof until the
appointment to said office is otherwise made under the provisions of this
section.
Such appointment shall be made by the board of selectmen for a term not to
exceed three years, unless such mode of appointment or term is otherwise
provided by law.
Approved November 19, 1997.