[HISTORY: Adopted by the Town of Townsend at the May 1999 Town Election. Amendments noted where applicable.]

Section 1-1 Incorporation

The inhabitants of the Town of Townsend within the corporate limits as established by law shall continue to be a body corporate and politic with perpetual succession under the name "Town of Townsend."

Section 1-2 Short Title

This instrument shall be known and may be cited as the Townsend Home Rule Charter.

Section 1-3 Powers of the Town

Subject only to express limitations on the exercise of any power or function by a municipality in the constitution or laws of the Commonwealth, it is the intent and the purpose of the voters of Townsend to secure through the adoption of this charter all of the powers it is possible to secure for a municipal government under the constitution and laws of the Commonwealth.

Section 1-4 Division of Powers

The administration of all the fiscal, prudential and municipal affairs of the town shall be vested in an executive branch headed by a Board of Selectmen. The legislative powers of the town shall be vested in a town meeting open to all voters.

Section 1-5 Construction

The powers of the Town of Townsend under this charter to be construed liberally in its favor and the specific mention of any particular power is not intended to limit in any way the general powers of the Town of Townsend stated in section 1-3.

Section 1-6 Intergovernmental Relations

Subject to the applicable requirements of any provision of the constitution or statutes of the Commonwealth, the Town to Townsend may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation by contract or otherwise, with any one or more states or civil divisions or agencies thereof or the United States government or any one or more agencies thereof.

Section 2-1 Open Town Meeting

The legislative powers of the Town shall be vested in a town meeting open to all registered voters.

Section 2-2 Presiding Officer

All sessions of town meeting will be presided over by a Moderator elected as provided in Article 3. Annually, at the Annual Town Meeting the Moderator will appoint a Deputy Moderator subject to ratification by the Town Meeting. The Deputy Moderator shall serve as acting Moderator in the temporary absence or disability of the Moderator. The Deputy Moderator shall while presiding at Town Meeting sessions have all the powers and duties of the Moderator but shall have no other powers or duties of the Moderator. In the absence of the Moderator and the Deputy Moderator the Town Clerk will act as Moderator until Town Meeting elects an Acting Moderator, Article 3, Section 3-4.

The Moderator shall regulate the proceedings, decide all questions of order, make public declaration of all votes, and exercise all the powers and duties given to Moderators under the Constitution and the laws of the Commonwealth. Additional powers and duties may be authorized by this Charter, by By-law, or by other vote of town meeting.

Section 2-3 Committees

(a) Finance Committee - There shall be a Finance Committee appointed by the Moderator in accordance with Town By-law and the laws of the Commonwealth.

(b) Capital Planning Committee - There shall be a Capital Planning Committee appointed by the Moderator in accordance with Town By-law and the laws of the Commonwealth.

Section 2-4 Annual Town Meeting

The Annual Town Meeting shall be held on such date or dates as may from time to time be fixed by By-law.

Section 2-5 Special Town Meetings

Special Town Meetings shall be held at the call of the Board of Selectmen at such times as they deem necessary, or desirable, in order to transact the legislative business of the Town in an orderly manner. Special Town Meetings may also be held on the petition of two hundred (200) or more registered voters, in accordance with the procedures made available by the laws of the Commonwealth.

Section 2-6 Warrants

Every Town Meeting shall be called by a Warrant issued by the Board of Selectmen which shall state the time and place at which the meeting is to convene and, by separate Articles, the subject matter to be acted upon. The publication and posting of the Warrant for every Town Meeting shall be in accordance with Town By-law.

Section 2-7 Initiation and Inclusion of Warrant Articles

(a) Initiation - The Selectmen shall receive at any time all petitions which request submission of any matter to the Town Meeting, which are filed by any elected Town Official, any multiple member Town Body acting by a majority of its members, any ten registered voters for the Annual town Meeting or a petition of one hundred voters for a Special Town Meeting.

      A voter may request at a regular meeting of the Board of Selectmen that a matter be placed on the Town Meeting Warrant in lieu of a written petition. The Selectmen may, at their discretion, accept the request and place it on the warrant under their sponsorship, or they may refuse and request that the matter be submitted by a written petition of the required number of voters.

(b) Inclusion - The Board of Selectmen shall include on the Annual Town Meeting Warrant all matters which were submitted by the date set by By-law for the submission of Articles. When a Special Town Meeting is to be called, the Selectmen shall give public notice of the Special Town Meeting at a regular Selectmen's Meeting, they may cause additional public notice to be given pursuant to the laws of the Commonwealth or Town By-law in any form they deem necessary, any and all public notice shall include the date of the close of the Warrant. The Board of Selectmen shall include on a Special Town Meeting Warrant the subject matter of all petitions which are received in their office by 5:00 P.M. on the day set by the Selectmen for the close of the Warrant.

Section 2-8 Availability of Town Officials

Every town agency shall designate at least one representative to attend all sessions of Town Meeting at which Warrant Articles pertinent to that agency are or may be taken up, for the purpose of providing information to the meeting pertinent to the Articles. If a person designated as a representative is not a town resident, they shall notwithstanding, be allowed to speak to provide the meeting with pertinent information.

Section 2-9 Clerk of the Meeting

The Town clerk shall serve as clerk of the Town Meeting, recording all votes and shall preserve as public records all proceedings of the Town Meeting sessions, give notice of all adjourned sessions thereof, and perform such duties in connection therewith as may be provided by town by-law, this charter, or the laws of the Commonwealth.

If at a Town Meeting the office of Town Clerk is vacant, the Moderator shall appoint a clerk pro tempore. In the event of the unavoidable absence of the Town Clerk, the Town Clerk shall designate a substitute, if the Town Clerk fails to name a substitute, then the Moderator shall also be empowered to appoint a clerk pro tempore.

Section 2-10 Rules of Procedure

The Town Meeting shall be run in accordance with the accepted edition of the book "Town Meeting Time."

Town Meeting may by By-law, establish and from time to time amend, revise or repeal, rules governing Town Meeting. A procedural change would become effective in governing the next Annual and succeeding Town Meetings following the procedural change.

Section 3-1 In General

(a) Elective Offices - The offices to be filled by the ballot vote shall be the Board of Selectmen, Town Moderator, Town Clerk, Tax Collector, Board of Assessors, Board of Health, Planning Board, Board of Water Commissioners, Board of Library Trustees, North Middlesex Regional School Committee Representatives, Cemetery and Parks Commissioners, Recreation Commissioners, Trustees of Soldiers' Memorials, Amanda Dwight Entertainment Fund, Townsend Housing Authority and such other regional authorities, districts, or committees as may be required by law of the Commonwealth or interlocal agreement.

(b) Eligibility - Any voter shall be eligible to hold any elective town office.

(c) Town Election - The Annual Town Election shall be held according to Town By-Law.

(d) Compensation - Elected town officials shall receive such compensation for their services as may be appropriated annually for such purpose.

(e) Coordination - Notwithstanding their election by the voters, the town officers named in this section shall be subject to the call of the Board of Selectmen at reasonable times for consultation, conference and discussion on any matter relating to their respective offices.

(f)  Filling of Vacancies

(1)   Multiple Member Body - If there is a vacancy in a body consisting of two or more members, other than the Board of Selectmen and unless under the terms of a will or other trust where some other provision is made, the remaining members shall immediately give written notice to the Board of Selectmen and in addition to the public by posting the vacancy and its description on the town bulletin board for at least ten (10) days. One week's notice shall be posted of a joint meeting between the Board of Selectmen and the remaining members of the body to fill the vacancy. The appointment will be made by vote and carried by a simple majority. This appointment will run until the next town election. If notice is not given within thirty (30) days following the date of the vacancy, after one week's posted notice the Board of Selectmen shall fill the vacancy without participation of the remaining members of the multiple member body.

(2)   Board of Selectmen - If there is a failure to elect or a vacancy occurs and six (6) months or more will elapse before the next annual town election, the remaining Selectmen shall, forthwith, call a special election to fill the vacancy. If a vacancy occurs and more than three (3) months but less than six (6) months will elapse before the next annual town election the Selectmen may call a special election, however, upon receipt by petition of two hundred (200) or more registered voters the remaining Selectmen will forthwith call a special election.

(g) Recall Election Procedures - as per Town By-law pursuant to Chapter 27 of the Acts of 1995.[i]^EN

Section 3-2 Selectmen

(a) Composition and Term of office

      A Board of Selectmen, three members elected for three years each, arranged so that the term of one member expires each year.

      The composition of the Board may change from three (3) to five (5) members as determined by a two-thirds vote of an Annual Town Meeting, provided that such vote is ratified by the voters of the Town at the next Annual Town Election. A five (5) member Board would have three (3) year overlapping terms, so arranged that as nearly an equal number of members as possible shall expire each year.

(b) Powers and Duties

      The executive powers of the Town shall be vested in the Board of Selectmen, which shall be deemed the chief executive office of the Town. The Board of Selectmen shall have all of the executive power possible to have and to exercise in accordance with the Constitution and the laws of the Commonwealth and by the charter and by-laws of the Town of Townsend. These powers shall also be extended to any trusts granted to the Board of Selectmen. The Board of Selectmen shall be responsible for the formulation and promulgation of policy directives and guidelines to be followed by all town agencies serving under it and, in conjunction with other elected multiple member bodies to develop and promulgate policy guidelines designed to bring the operation of all town agencies into harmony. Nothing in this section shall be construed to authorize any member of the Board of Selectmen, nor a majority of such members, to become involved in the day-to-day administration of any town agency. It is the intention of this provision that the Board of Selectmen shall act only through the adoption of broad policy guidelines that are to be implemented by officers and employees serving under it.

(c) Licensing Authority

      The Board of Selectmen shall be a licensing board for the town and shall have power to issue licenses as otherwise authorized by law, to make all necessary rules and regulations regarding the issuance of such licenses and to attach conditions and to impose restrictions on any such license as it may issue as it deems to be in the public interest and to enforce all laws relating to all businesses for which it issues any licenses.

(d) Appointment Authority

      The Board of Selectmen shall appoint a Town Administrator, Town Accountant and an assistant, Constables, the Town Counsel, the Building Commissioner and an alternate, the Zoning Board of Appeals, the Conservation Commission, the Historic Districts Commission, the Personnel Board (Town By-law), the Board of Registrars (except the Town Clerk who serves by law) and other Election Officers, a Police Chief and the Police Department, a Keeper of the Lockup, Crossing Guards, a Fire Chief and the Fire Department, Hazardous Waste Coordinator, Parking Clerk, Tree Warden, the Ambulance Department, the Communication Department, a Highway Superintendent and the Highway Department, Nashoba Valley Technical High School Committee; Animal Inspector, Townsend Cultural Council, Council, American Flag Committee, Abram S. French Fund, Band Concert Committee, Computer Committee, Council on Aging, Animal Control Officer, Assistant Animal Control Officer(s), Gas Inspector and Alternate, Town Forest Committee, Industrial Development Committee, Cable Television Committee, Veterans Agent, West Townsend Reading Room Committee, Wire Inspector and alternate, Plumbing Inspector and alternate, Land Use Coordinator, Janitor, Chief Procurement Officer, Town Properties Committee (two (2) at large members), and other multiple member bodies the functions of which do not involve direct operating responsibilities, but which are, primarily policy making or advisory in nature, or required by By-law. Unless some other provision is expressly made by law the Board of Selectmen shall also appoint other individuals who are to serve as representatives of the Town to the governing or advisory bodies of area, regional, or district authorities.

(e) Investigations

      The Board of Selectmen may make investigations and may authorize the Town Administrator to investigate the affairs of the Town and the conduct of any Town Agency including any doubtful claims against the Town. The report of the results of such investigation shall be placed on file in the office of the Selectmen and a report summarizing the results of such an investigation shall be printed in the next annual Town Report.

Section 3-3 Moderator

(a) Composition and Term of Office

      A Moderator elected for a three term

(b) Powers and Duties

      The Town Moderator shall have the powers and duties given that office by the laws of the Commonwealth, the Charter, by By-law, by Regional Agreement, or by other Town Meeting vote.

Section 3-4 Town Clerk

(a) Composition and Term of Office

      A Town Clerk elected for a three year term.

(b) Powers and Duties

      The Town Clerk shall be the keeper of vital statistics for the Town. The Town Clerk shall be the custodian of the Town Seal, shall administer the oath of office to all persons elected or appointed to any Town office and shall issue such licenses and permits as are required by law to be issued by the Town Clerk. The Town Clerk shall supervise and manage the conduct of all elections and all other matters relating to elections. The Town Clerk will be the clerk of Town Meeting, keep its records and in the absence of the Moderator and the Deputy Moderator will preside pending the election of a temporary Moderator by Town Meeting vote. The Town Clerk shall have such other powers and duties as given by the laws of the Commonwealth, the Charter, By-laws and by other Town Meeting vote.

Section 3-5 Tax Collector

(a) Composition and Term of Office

      A Tax Collector for a three year term.

(b) Powers and Duties

      The Tax Collector will have all the Powers and Duties as given by the laws of the Commonwealth, the Charter, By-laws and by other Town Meeting votes.

(c) Tax Collector/Treasurer

      The elected Tax Collector is able to act as appointed Treasurer by By-law.

Section 3-6 Assessors

(a) Composition and Term of Office

      A Board of Assessors consisting of three members elected for a three year term each, arranged so that one term expires each year.

(b) Powers and Duties

      The Board of Assessors shall have all the powers and duties given to Boards of Assessors by the laws of the Commonwealth, the Charter, By-laws or by other Town Meeting vote.

Section 3-7 Board of Health

(a) Composition and Term of Office

      A Board of Health consisting of three members elected for a three year term each, arranged so that one term expires each year.

(b) Powers and Duties

      The Board of Health shall be responsible for the formulation and enforcement of rules and regulations concerning public health. The Board shall have all the powers and duties given to Boards of Health under the laws of the Commonwealth, the Charter, By-laws or other Town Meeting vote.

Section 3-8 Planning Board

(a) Composition and Term of Office

      A Planning Board consisting of five members elected for a five year term each, arranged so that the term of one member expires each year.

(b) Powers and Duties

      The Planning Board shall have all the powers and duties given to Planning Boards by the laws of the Commonwealth, the Charter, by By-law or other Town Meeting votes.

Section 3-9 Water Commissioners

(a) Composition and Term of Office

      A Board of Water Commissioners consisting of three members elected for a three year term each, arranged so that the term of one member expires each year.

(b) Powers and Duties

      Defined by special agreement voted on September 16, 1933, pursuant to Chapter 381 of the Acts of 1920.

Section 3-10 Library Trustees

(a) Composition and Term of Office

      A Board of Library Trustees consisting of five members elected for three year overlapping terms, so arranged that the terms of as nearly equal number of members as possible shall expire each year.

(b) Powers and Duties

      The Board of Library Trustees shall appoint all employees of the library, have control over the selection of library materials, and have custody and management of such. The Board in accordance with the provisions of the gift or bequest shall administer all money and property that the Town may receive for library purposes by gift or bequest. The Library Trustees shall have all the powers and duties given to Library Trustees by the laws of the Commonwealth, the Charter Trust Agreements, By-law or other Town Meeting vote.

Section 3-11 North Middlesex Regional School Committee

(a) Composition and Term of Office

      Three members of the School Committee elected for a three year term each, arranged so that the term of one member expires each year.

(b) Powers and Duties

      Defined by Regional Agreement

Section 3-12 Cemetery and Parks Commission

(a) Composition and Term of Office

      Three commissioners elected for a three year term each, arranged so that the term of one member expires each year.

(b) Powers and Duties

(1)   As Cemetery Commissioners they shall have general charge of and superintendence of all the public burial grounds within Town and of any lands set aside by the Town for Cemetery purposes. The Cemetery Commissioners shall have all the powers and duties given to Cemetery Commissioners by the laws of the Commonwealth, and any additional powers or duties as provided by the Charter, By-law, Trust Agreements, or other Town Meeting vote.

(2)   As Park Commissioners they shall have general charge and superintendence of all public parks. They may improve and make rules and regulations for Public Parks. The Parks Commissioners shall have all the powers and duties given to Parks Commissioners by the laws of the Commonwealth, by Charter, Trust Agreements, By-law or other Town Meeting vote.

Section 3-13 Recreation Commission

(a) Composition and Term of Office

      A Recreation Commission consisting of five members elected for a three year term each, arranged so that the terms of as nearly an equal number of members shall expire each year.

(b) Powers and Duties

      The Recreation Commission shall be responsible for the development, operation, scheduling and coordination of recreation programs for the town. The Commission shall have all the powers and duties as may be provided by the laws of the Commonwealth, the Charter, By-law or other Town Meeting vote.

Section 3-14 Trustees of Soldiers' Memorials

(a) Composition and Term of Office

      A committee consisting of four (4) positions elected for a three (3) year term each, arranged so that the terms of as nearly an equal number of members shall expire each year.

(b) Powers and Duties

      The Trustees of Soldiers' Memorials shall have all the powers and duties as may be provided by the laws of the Commonwealth.

Section 3-15 Amanda E. Dwight Entertainment Fund

(a) Composition and Term of Office

      Three Trustees elected for a three year term each, arranged so that the term of one member expires each year.

(b) Powers and Duties

      Defined by the Amanda E. Dwight Trust Agreement as established by the town on September 29, 1928.

Section 3-16 Townsend Housing Authority

(a) Composition and Term of Office

      There shall be a Townsend Housing Authority consisting of five members, four shall be elected for a five year term by the voters and one shall be appointed in the manner provided by the General Law. All members shall serve a term of five years arranged so that one term expires each year.

(b) Powers and Duties

      The Housing Authority shall make studies of the housing needs of the Town and shall provide programs to make available low income housing for families and the elderly of low income. The Housing Authority shall have all the powers and duties given to Housing Authorities by the laws of the Commonwealth.

Section 4-1 Appointment; Qualification; Term

The Selectmen shall appoint a Town Administrator and shall fix the compensation for such person, annually, within the amount appropriated by the Town. The Town Administrator shall be appointed solely on the basis of demonstrated executive and administrative qualifications. The Town Administrator shall be a person especially fitted by education, training and or previous experience in public administration to perform the duties of the office. The Town Administrator need not be a resident of the Town at the time of appointment or at any time during the period of such service. The Town Administrator shall not have served in an elective position in Town government for at least twelve months prior to appointment. The Town may from time to time establish by By-law such additional qualifications as seem necessary and appropriate. The Town Administrator shall not hold any other public office, elective or appointive. The Board of Selectmen shall provide for an annual review of the job performance of the Town Administrator which shall, at least in summary form, be a public record.

Section 4-2 Powers and Duties

The Town Administrator shall be the chief administrative officer of the Town, directly responsible to the Board of Selectmen for the administration of all Town affairs for which the office of Town Administrator is given responsibility by or under this Charter. The powers and duties of the Town Administrator shall include, but are not intended to be limited to, the following:

(a) To supervise, direct and be responsible for the efficient administration of all functions and activities for which the office of Town Administrator is given authority, responsibility or control by this Charter, by By-law, Town Meeting vote, vote of the Board of Selectmen, or otherwise.

(b) To see that the personnel policies and practices, rules and regulations are equally administered for all Town employees. If a union or other personnel contract differs from the general policies, the Town Administrator will see that these are administered according to the contract, with the exception of the Town Administrator's contract which will be overseen and administered by the Board of Selectmen.

(c) To attend all regular and special meetings of the Board of Selectmen, unless unavailable for reasonable cause, and shall have a voice, but no vote, in all proceedings.

(d) To keep the Board of Selectmen fully advised at a public meeting or in writing as to the needs of the Town and all Agencies and to make recommendations to the Board of Selectmen of actions required to resolve the situation.

(e) To prepare the budgets which fall directly under the Board of Selectmen. To oversee the budgets for the Agencies under the supervision of the Selectmen, and in addition the Town Administrator will present to the Selectmen the budgets of elected Agencies and the Capital Plan in such a manner that the Selectmen have an understanding of the total budget. The Town Administrator will also work with the Finance Committee, the Accountant and the Treasurer to develop a plan for the funding of appropriations.

(f)  The Town Administrator will be responsible for Central Purchasing.

(g) To see that all of the provisions of the laws of the Commonwealth, of this Charter, Town Bylaws, other votes of Town Meeting, and votes of the Board of Selectmen which require enforcement by the Town Administrator or other officers subject to the direction and supervision of the Town Administrator, are faithfully executed, performed or otherwise carried out.

(h) To inquire, at any time, into the conduct and operation of any office or the performance of any Agency, its officers or employees under the jurisdiction of the Board of Selectmen.

(i)  To attend all sessions of all Town Meetings and to be prepared to answer all questions raised by voters which relate to warrant articles and to matters over which the Town Administrator exercises any supervision.

(j)  To coordinate the activities of all Town agencies serving under the office of Town Administrator and the office of the Board of Selectmen with those under the control of other officers and multiple member bodies elected directly by the voters. For this purpose, the Town Administrator shall have the authority to require the persons so elected, or their representatives, to meet with the Town Administrator, at reasonable times, for the purpose of effecting coordination and cooperation among all agencies of the Town.

(k) To perform any other duties that are required to be performed by the Town Administrator by By-laws, Administrative Code, vote of the Town Meeting or votes of the Selectmen, or otherwise.

Section 4-3 Delegation of Authority

The Town Administrator may authorize any subordinate officer or employee to exercise any power or perform any function or duty which is assigned to the office of Town Administrator, provided, however, that all acts performed under any such delegation shall at all times be deemed to be the acts of the Town Administrator.

Section 5-1 Organization of Town Agencies

The organization of the town into operating agencies for the provision of services and the administration of the government may be accomplished through either of the methods provided in this article.

(a) By-Laws - Subject only to express prohibitions in a general law or the provisions of this charter, the town meeting may, by by-law, reorganize, consolidate, create, merge, divide or abolish any town agency, in whole or in part; establish such new town agencies as it deems necessary or advisable, determine the manner of selection, the term of office and prescribe the functions of all such entities; provided, however, that no function assigned by this charter to a particular town agency may be discontinued, or unless this charter specifically so provides, assigned to any other.

(b) Administrative Code - The Town Administrator, after consultation with the Board of Selectmen, may from time to time prepare and submit to the town meeting plans of organization or reorganization which establish operating divisions for the orderly, efficient or convenient conduct of the business of the town.

      Whenever the Town Administrator prepares such a plan the Board of Selectmen shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the hearing will be held, not less than seven nor more than fourteen days following said publication. Following such public hearing, the proposal, which may have been amended subsequent to the public hearing, shall be submitted to the town meeting by an appropriate warrant article.

      An organization or reorganization plan shall become effective at the expiration of sixty (60) days following the date of adjournment of the town meeting at which the proposal is submitted unless the town shall, by a majority vote, vote to disapprove the plan. The town meeting may vote only to approve or to disapprove the plan and may not vote to amend or to alter it.

      The Board of Selectmen may, through the administrative code, and subject only to express prohibitions in a general law, or this charter, reorganize, consolidate or abolish any town agency, in whole or in part; establish such new town agencies as is deemed necessary to the same extent as in provided in section 5-1 (a), above, for by-laws; and for such purpose transfer the duties and powers, and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriation of one town agency to another; provided, however, that no function assigned by this charter to a particular town agency may be discontinued or, unless this charter specifically so provides, assigned to any other.

Section 5-2 Publication of Administrative Code and Personnel Plan

For the convenience of the public, the administrative code and any amendments thereto shall be printed as an appendix to, but not an integral part of the By-laws of the Town of Townsend. The personnel and staffing plan as prepared by at the Board of Selectmen shall be published annually in the town report.

Section 6-1 Fiscal Year

The fiscal year of the town shall begin on the first day of July and shall end on the last day of June, unless the laws of the Commonwealth require another period.

Section 6-2 Submission of Budget and Budget Message

Within the time fixed by by-law, before the Annual Town Meeting is to convene, the Town Administrator, after consultation with the Board of Selectmen, shall submit to the Finance Committee a proposed operating budget for the agencies for which the selectmen are responsible for the ensuing fiscal year with an accompanying budget message and supporting documents. Additionally, elected officials shall submit to both the Board of Selectmen and the Finance Committee a proposed operating budget for the ensuing fiscal year with an accompanying budget message and supporting documents.

Section 6-3 Budget Message

The budget message of the Board of Selectmen shall explain the budget for all town agencies both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the town for the ensuing fiscal year, describe important features of the budget, indicate any major variations from the current year in financial policies, expenditures and revenues together with the reasons for such changes, summarize the town's debt position and include other material as the Finance Committee deems desirable, or the selectmen may reasonably require.

Section 6-4 The Budget

The proposed operating budget shall provide a complete financial plan for all town funds and activities for the ensuing fiscal year. Except as may otherwise be required by laws of the Commonwealth, or this charter, it shall be in the form which the Finance Committee deems desirable or the selectmen may require. The presentation of the budget shall utilize modern concepts of fiscal presentations so as to furnish maximum information and the best financial control.

Section 6-5 Approval of Warrants

The Board of Selectmen shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared by the Town Accountant in accordance with the provisions of the laws of the Commonwealth shall be submitted to the Town Administrator for review.

Section 7-1 Charter Changes

This charter may be replaced, revised or amended in accordance with any procedures made available under the state constitution and by statutes enacted to implement the said constitutional provisions.

Section 7-2 Severability

The provisions of this charter are severable. If any provision of this charter is held invalid, the other provisions shall not be affected thereby. If the application of this charter or any of its provisions to any person or circumstance is held invalid, the application of this charter and its provisions to other persons and circumstances shall not be affected thereby.

Section 7-3 Specific Provisions to Prevail

To the extent that any specific provisions of this charter shall conflict with any provisions expressed in general terms, the specific provisions shall prevail.

Section 7-4 Number and Gender

Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; words importing the feminine gender shall include the masculine gender; words importing the masculine gender shall include the feminine gender.

Section 7-5 Definitions

Unless another meaning is clearly apparent form the manner in which the word is used, the following words as used in this charter shall have the following meanings:

(a) Charter - The word "charter" shall mean this charter and any amendments to it which may hereafter be adopted.

(b) Days - The word "days" shall refer to business days, not including Saturdays, Sundays and legal holidays when the time set is less than seven days; when the time set is seven days or more, every day shall be counted.

(c) Emergency - The word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence, event or condition which necessitates immediate action.

(d) General laws - The words "general laws" shall mean laws which apply alike to all cities and towns, to all towns, or to a class of municipalities of which Townsend is a member.

(e) Laws of the Commonwealth - The words "Laws of the Commonwealth" shall refer to the General Laws of Massachusetts, a codification and revision of statues enacted on December 22, 1920, and including all amendments thereto subsequently adopted.

(f)  Local Newspaper - The words "local newspaper" shall mean a newspaper of general circulation in the Town of Townsend.

(g) Majority Vote - The words "majority vote" shall mean a majority of those present and voting, provided that a quorum of the body is present when the vote is taken, unless a higher number is required by law.

(h) Multiple Member Body - The words "multiple member body" shall mean any town body consisting of two or more persons and whether styled board, commission committee, subcommittee, or otherwise and however elected or appointed or otherwise constituted.

(i)  Quorum - The word "quorum," unless otherwise required by law or this charter, shall mean a majority of the members of a multiple member body then in office, not including any vacancies which might then exist.

(j)  Town - The word "town" shall mean the Town of Townsend.

(k) Town Agency - The words "town agency" shall mean any board, commission, committee, department division or office of the town government.

(l)  Town Bulletin Board - The words "town bulletin board" shall mean the bulletin board in the town hall on which official town notices are posted and those at other locations within which may from time to time be designated as town bulletin boards by by-law, or by vote of the board of selectmen.

(m) Town Officer - The word "town officer" when used without further qualification or description, shall mean a person having charge of an office or department of the town who in the exercise of the powers or duties of that position exercises some portion of the sovereign power of the town.

(n) Voters - The word "voters" shall mean registered voters of the Town of Townsend.

Section 7-6 Rules and Regulations

A copy of all rules and regulations adopted by any town agency shall be filed in the office of the Town Clerk before any such rule or regulation shall become effective, and copies shall be made available for review by any person who requests such information. No rule or regulation adopted by any town agency shall become effective until ten days following the date it has been so filed in the office of the Town Clerk.

Section 7-7 Periodic Review, Charter and By-Laws

(a) Charter Review - At least once in every ten years, the Board of Selectmen shall establish a special committee to consist of nine members for the purpose of reviewing this charter and to make a report, with recommendations, to the town meeting concerning any proposed amendments which said committee may determine to be necessary or desirable. The committee shall consist of nine members who shall be chosen as follows; the Board of Selectmen, the Planning Board, the Council on Aging and the Board of Library Trustees, shall each designate one person, the Finance Committee shall designate two persons and three persons shall be appointed by the Town Moderator. Persons appointed by the said agencies may, but need not, be members of the agency by which they are designated. The committee shall meet to organize forthwith following the final adjournment of the Annual Town Meeting.

(b) By-Law Review - The Board of Selectmen shall at five (5) year intervals, in each year ending in three, or in eight, cause to be prepared by a special committee appointed for that purpose, a proposed revision or recodification of all by-laws of the town which shall be presented to the town meeting for reenactment at the Annual Town Meeting in the year following the year in which the said committee is appointed. The said committee in its final or in an interim report shall include recommendations for such substantive change in town by-laws as it deems necessary or advisable. The review of town by-laws shall be in conjunction with town counsel, or, by special counsel retained for that purpose. Subsequent to enactment by the town meeting, copies of the revised by-laws shall be forwarded to the Attorney General of the Commonwealth for approval, and they shall be otherwise published, all as required by the.[ii]^EN Copies of the revised by-laws shall be made available for distribution to the public.

Section 7-8 Removals and Suspensions

Any appointed officer, member of a multiple member body or employee of the town, not subject to the provisions of the state civil service law, or covered by the terms of a collective bargaining agreement which provides a different method, and whether appointed for a fixed or an indefinite term, may be suspended or removed from office, without compensation, by the appointing authority for good cause. The term cause shall include, but not be limited to the following:

  Incapacity other than temporary illness, inefficiency, insubordination and conduct unbecoming the office.

  Any appointed officer, member of a multiple member body or employee of the town may be suspended from office by the appointing authority to be necessary to protect the interests of the town. However, no suspension shall be for more than fifteen (15) days. Suspension may be simultaneous with removal process and shall not interfere with the rights of the officer or employee under the removal procedure given below.

  The appointing authority when removing any such officer, member of a multiple member body or employee of the town shall act in accordance with the following procedure:

(a) A written notice of the intent to remove and a statement of the cause or causes therefor shall be delivered in hand, or by registered mail or certified mail, return receipt requested, to the last known address of the person sought to be removed.

(b) Within five (5) days following delivery of such notice the officer, member of a multiple member body or employee of the town may request a public hearing at which such person may be represented by counsel, shall be entitled to present evidence, call witnesses and to question any witness appearing at the hearing.

(c) Between one (1) and ten (10) days after the public hearing is adjourned, or if the officer, member of a multiple member body or employee of the town fails to request a public hearing between six (6) and fifteen (15) days after delivery of the notice of intent to remove, the appointing authority shall take final action, either removing the officer, member of a multiple member body or employee of the town or notifying such person that the notice is rescinded. Failure of the appointing authority to take any action within the time periods as stated in this section shall be deemed to be a rescinded[iii]^EN of the original notice and the officer, member of a multiple member body or employee shall, forthwith, be reinstated.

  Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed or contracted for a fixed term is not reappointed when the original term expires.

Section 7-9 Procedures Governing Multiple Member Bodies

(a) Meetings

      All multiple member bodies shall meet regularly at such times and places within the town as they may by their own rules prescribe. Except in cases of emergency, special meetings of any multiple member body shall be held on the call of the respective chairman or by one-third of the members thereof by suitable written notice delivered to the residence or place of business of each member at least forty-eight hours in advance of the time set. A copy of the said notice shall also be posted on the town bulletin board(s). Special meetings of any multiple member body shall also be called within one (1) week after the date of at the filing with the town clerk of a petition signed by at least fifty (50) voters and which states the purpose or purposes for which the meeting is to be called. Except as authorized by law, all meetings of all multiple member bodies shall be open and public. All meetings shall be held in places to which members of the public have a convenient right of access.

(b) Agendas

      Before any meeting of a multiple member body is to be held, an agenda containing all items which are scheduled to come before the multiple member body at the meeting shall be posted at the meeting location. No action taken on a matter not included in the posted agenda shall be effective unless the multiple member body first adopts, by a separate vote, a resolution declaring that the particular matter should be acted upon at that meeting.

(c) Rules and Minutes

      Each multiple member body shall determine its own rules and order of business unless otherwise provided by this charter or by-law and shall provide for keeping minutes of its proceedings. These rules and minutes shall be public records, and copies shall be placed on file in the office of the Town Clerk and for the convenience of the public, kept available for public inspection in the office of the Town Clerk.

(d) Voting

      Except on procedural matters all votes of all multiple member bodies shall be taken by a call of the roll and the vote of each member shall be recorded in the minutes, provided, however, that if the vote is unanimous only that fact need be recorded.

(e) Quorum

      A majority of the members of the multiple member body then in office shall constitute a quorum, except where otherwise provided by law, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the multiple member body. No other action of the multiple member body shall be valid or binding unless ratified by the affirmative votes of the majority of the full multiple member body.

(f)  Filing of Vacancies

      Whenever a vacancy shall occur in the membership of an appointed multiple member body the remaining members shall forthwith give written notice of such vacancy to the appointing authority. If, at the expiration of thirty days following the delivery of such notice, the appointing authority has not appointed some person to fill the vacancy, the remaining members of the multiple member body shall fill such vacancy for the remainder of any unexpired term by majority vote of the remaining members. The Town Clerk and the appointing authority shall be notified in writing when the vacancy is filled.

(g) Composition of Multiple Member Bodies

      All multiple member bodies when established shall be composed of an odd number of members. Whenever the terms of office of a multiple member body are for more than one year such terms of office shall be so arranged that as nearly an equal number of terms as is possible will expire each year.

Section 7-10 Notice of Vacancies

Whenever a vacancy occurs in any town office, position or employment, or whenever by reason of a pending retirement or expiration of a fixed term a vacancy can be anticipated, the appointing authority shall forthwith cause public notice of such vacancy to be posted on the town bulletin board for not less than ten days. Such notice shall contain a description of the duties of the office, position or employment and a listing of the necessary or desirable qualifications, to fill the office, position or employment. No permanent appointment to fill such office, position or employment shall be effective until fourteen days following the date such notice was posted to permit reasonable consideration of all applicants. This section shall not apply to positions covered by the civil service law and rules or if in conflict with the provisions of any collective bargaining agreement.

Section 7-11 Loss of Office, Excessive Absence

If any person appointed to serve as a member of a multiple member body shall fail to attend four or more consecutive meetings, or one-half or more of all meeting of such body held in one calendar year, the remaining members of the multiple member body may, by a majority vote of the remaining members of such body, declare the office to be vacant, provided, however, that not less than ten days prior to the date said vote is scheduled to be taken the body has given in hand, or mailed, by registered or certified mail, return receipt requested, notice of such proposed or pending vote to the last known address of such person.

Section 7-12 Terms Of Office

Notwithstanding any other provision of this charter which might appear to be to the contrary, whenever a person after having served for an initial term of years in a full time appointed town office is reappointed to the same office to succeed themselves, such reappointment shall be for an indefinite term not subject to further periodic reappointment, but subject to removal and or suspension in accordance with the procedures in section 7-8 of this charter.

Section 8-1 Continuation of Existing Laws

All the laws of the Commonwealth, special laws, town by-laws votes, rules and regulations of or pertaining to the town which are in force when the charter takes effect and which are not specifically or by implication repealed directly or indirectly hereby, shall continue in full force and effect until amended or rescinded by due course of law or until they expire by their own limitation.

Section 8-2 Continuation of Government

All town agencies shall continue to perform their duties until reappointed, reelected, or until successors to their respective positions are duly appointed or elected, or their duties have been transferred and assumed by another town agency in accordance with the provisions of this charter.

Section 8-3 Continuation of Administrative Personnel

Any person holding an office or position in the administrative service of the town, or any person serving in the employment of the town shall retain such office or position and shall continue to perform their duties until provisions shall have been made in accordance with the charter of the performance of the said duties by another person or agency.

Section 8-4 Transfer of Records and Property

All records, property and equipment whatsoever of any office, department, or agency of part thereof, the powers and duties of which are assigned in whole or in part to another office or agency shall be transferred forthwith to the office, department or agency to which such powers and duties are assigned.

Section 8-5 Time of Taking Effect

This charter shall take effect upon its adoption by the voters of Townsend, except as is hereinafter provided:

(a) Forthwith following the election at which this charter is adopted each town agency shall designate some person to represent it at all sessions of the town meeting to be held in this calendar year, in accordance with the provisions of section 2-8.

(b) Until such time as the town meeting may act, by by-law, to amend repeal or revise them, the following provisions shall have the force of town by-laws:

(1)   Date of Town Meetings - The annual town meeting shall be held according to by-law.

(2)   Date of Town Elections - The annual town election for the election of town officers shall be held according to by-law.

(3)   Town Administrative Organization - Until such time as a different form of organization shall be provided, in accordance with the provisions of article 5 of this charter, the following outline of organization shall be operative:

      The Board of Selectmen shall appoint:

a    Town Administrator;

a    Town Accountant and an Assistant Town Accountant;

      Constables;

a    Town Counsel;

a    Gas Inspector and alternate;

a    Wire Inspector and alternate;

a    Plumbing Inspector and alternate;

a    Building Commissioner and alternate;

      the Zoning Board of Appeals;

      the Conservation Commission;

      the Historic District Commission;

      the Personal Board (Town By-Law);

      the Board of Registrars (except Town Clerk who serves by law) and other Election Officials;

a    Police Chief, and Police Department and Communication Department;

a    Keeper of Lock Up;

      Crossing Guards;

a    Fire Chief and the Fire Department;

a    Hazardous Waste Coordinator;

a    Tree Warden and Town Forest Committee;

      the Ambulance Department;

a    Highway Superintendent and Highway Department;

      the Nashoba Valley Technical High School Committee;

      Inspector of Animals;

      Animal Control Officer and an Assistant Animal Control Officer;

      Townsend Cultural Counsel;

      Band Concert Committee;

      Computer Committee;

      Council on Aging;

      Industrial Development Committee;

      Cable Television Committee;

      Veterans Agent;

      Land Use Coordinator;

      Janitor;

      Town Properties Committee (two members at large);

      Abrams S. French Fund Committee;

      American Flag Committee;

      Parking Clerk.

(c) All town officers and all members of all boards, commissions and committees who have heretobefore been elected and who will henceforth be appointed under the provisions of this charter, shall serve for the balance of the term for which they were elected, (subject of their retirement or resignation) but their successors shall be appointed.

(d) Forthwith following the election at which this charter is adopted a special committee of seven members shall be appointed by the Board of Selectmen to revise the by-laws of the town in order to fully implement the provisions of this charter. The said committee shall submit a report and recommendations to the town meeting for adoption by a warrant article a session of the town meeting held not more than one year following the election at which the charter is adopted. At least two members of the said committee shall have been members of the charter commission appointed by the moderator.

(e) It is recognized that in the best long-range interest of the Town of Townsend, that such assumption must be gradual and on a phased-in basis.

(f)  The provisions of section 6-2 of the charter shall not become effective until the year following the year in which the charter is adopted.

      and shall continue in such office, without further appointment, but subject to removal as provided in section 7-8.[iv]^EN

(h) Until such time as the town meeting may act, by by-law, to adopt another manual or guide, the town meeting shall be governed by the rules of procedure in the accepted edition of "Town Meeting Time, A Handbook of Parliamentary Law," published by the Massachusetts Moderators Association.

(i)  The report of the Finance Committee shall be printed and copies shall be made available for distribution to every person who shall request a copy thereof at the office of the Town Clerk. The reports shall be available at least seven days before the annual town meeting is scheduled to convene.

Section 8-6 Implementation of Changes in Terms of Office

(a) The elected incumbent in an office experiencing a term change shall continue to serve for the balance of the term for which they were elected. Upon the expiration of that term of office, the position will conform to the revised number of years specified within this charter.

(b) If an elected position has been changed to now being appointed per this charter, the official will serve out the current term to which they were elected.