| Home Page | General By-Laws - Article II |
| Date: | October 1997 |
| Location: | Town of Billerica, Massachusetts |
GENERAL BY-LAWS OF THE TOWN OF BILLERICA - Article II
Table of Contents
ARTICLE 2. - Powers and Duties of Town Officers
ARTICLE 2. - Powers and Duties of Town Officers
2.1.1. The Selectmen shall have full authority, as agents of the Town to:
2.1.1.A. Institute and prosecute suits in the name of the Town
2.1.1.B. Appear and defend suits brought against it, unless it is otherwise specially ordered by vote of the Town.
2.1.2. The Selectmen shall by majority vote execute any deed or other instrument which shall be required to carry into effect any vote of the Town, in behalf of the Town.
2.1.2.A. Except in a special case as voted by the Town.
2.1.3. The Selectmen shall examine the books of the Treasurer at least every six months.
2.1.3.A. They shall ascertain the condition of the treasury.
2.1.3.B. See that the funds of the Town are at all times available
2.1.3.C. Make sure that all temporary loans are paid on time
2.1.3.D. They shall keep a record of these examinations.
2.1.3.E. They shall report the result of them to the Town in connection with their annual report.
2.1.4. The Selectmen shall not make appointments to the office of "Constable of Billerica" to a resident of another city or town if that city or town will not appoint Billerica residents who hold the office of Constable to their city or town.
2.2.1. All promissory notes of the Town shall be signed by the Treasurer and countersigned by a majority of the Selectmen.
2.2.2. The Town Treasurer shall:
2.2.2.A. Not pay any money without a written or printed warrant for the same.
2.2.2.B. This warrant shall be signed by a majority of the Selectmen.
2.2.2.C. State and County taxes and principal and interest of legally authorized Town notes are excepted.
2.2.3. Annually sign all promissory notes on or before the fourth of February.
2.2.4. Render to the Selectmen in writing, a full account of all his receipts and disbursements for the previous fiscal year.
2.3.1. The Town shall indemnify any duly elected or appointed official for costs and/or damages incurred by them which arose out of their actions within the scope of their official duties for the Town.
2.3.2. This shall include excesses over and above any part of the claim which is covered by an insurance policy or which is otherwise covered by law.
2.3.3. Town Meeting Members are excluded from this section.
2.3.4. This section is subject to appropriation.
2.4. DISPOSAL OF TANGIBLE PROPERTY
2.4.1. Subject to the approval of the Board of Selectmen, each department head is authorized to sell or trade any tangible property which is owned by the town and under the control of said department which is obsolete or of no practical value.
2.4.2. If the fair market value of the tangible property to be sold or traded exceeds $100.00, it may be sold or traded subject to the applicable provisions of Article 3 of these By-Laws.
2.5. DISPOSAL OF TAX TITLE PROPERTY The Board of Selectmen is authorized to sell property taken by the Town under the Tax Title procedure by the following terms and conditions.
2.5.1. Except as provided in Section 5 of this By-Law, no property shall be sold for less than the total book value or 50% of the assessed valuation, whichever is greater.
2.5.2. Notice of intention to sell shall be done under General By-Law, Article 17, Section 5B and 5D, and;
2.5.2.A. The notice shall include the minimum acceptable bid as set forth above, and;
2.5.2.B> Reference this Article and section
2.5.3. Abutters to parcels of land which do not meet the area, frontage or depth requirements of the Zoning By-Law, and;
2.5.3.A. Accept a restriction on the deed prohibiting the construction of any free standing building for human habitation or business purposes and;
2.5.3.B. Accept a Deed of Conveyance showing the buyer's existing lot; may submit a bid of not less than the total book value of 25% of the assessed valuation, whichever is greater.
2.5.4. Parcels not meeting Zoning By-Law size requirements shall require a notice to be mailed under General By-Law Article 17, Section 6C, 6D and 6H prior to the bid-opening date.
2.5.4.A. Said notice shall include a description of the land and a copy of Article 2, Section 5.
2.5.5. The award shall be made to the qualified bidder submitting the highest bid above the stipulated minimum.
2.5.5.A. All qualified bidders under Section 5 shall have priority over all other bidders.
2.5.6. All costs relating to the advertising and transfer of the parcel shall be added to the amount of the bid and paid by the purchaser.
2.5.7. The Town may sell adjoining Tax Title parcels to abutters accepting Section 5 provisions if they meet the following minimums:
2.5.7.A. 5,000 square feet of area, and
2.5.7.B. 50 feet frontage, and
2.5.7.C. had been recorded on a plan prior to zoning
2.5.8. The Selectmen may accept or reject all offers that they deem not to be in the best interest of the Town.
2.5.9. The Board of Selectmen shall conduct no more than three such sales in any one calendar year.
2.6.1. RECREATION COMMISSION The Recreation Commission shall be responsible for issuing usage permits for all town owned fields and recreational facilities and with the permission of the School Committee, any fields and recreational facilities.
2.6.1.A. They may attach any conditions to such permits in the use of said fields that it may require.
2.6.1.B. A Recreation Director shall be appointed by the Town Administrator to carry out the directives and policies of the commission.
2.6.1.C. A five-year recreational plan shall be submitted with the annual budget which details the intent of the commission to construct, reconstruct, maintain and remove from service, all town recreational facilities, excluding those under the jurisdiction of the School Committee.
2.6.1.C.1. This submittal shall be consistent with the requirments of Article 5 of the Charter and include the current year.
2.6.1.D. The Recreation Commission shall be entitled to, but not required to submit, a recommendation at the Town Meeting on any matter that involves town recreational facilities.
2.6.2. PERSONNEL BOARD The powers and duties of the Personnel Board shall include, but are not limited to:
2.6.2.A. In cooperation with the Town Administrator, the board may initiate, develop and recommend personnel policies and procedures to improve the administration of the town;
2.6.2.B. Certify all personnel actions prior to their effective date to insure regulatory compliance;
2.6.2.C. The Board shall be entitled to, but not required to submit, a recommendation at the town meeting on any matter that involves the town personnel system;
2.6.2.D. Advise the Town Administrator on all collective bargaining negotiations and at its discretion, have a designated member present as an observer during negotiations.
2.6.3.1. A Committee of Ombudsmen is established to consist of five members to be appointed by the Town Moderator for a term of one year each. The purpose of the Ombudsman Committee is:
2.6.3.1.A. To hear grievances regarding town positions, agencies, boards, committees and commissions;
2.6.3.1.B.To provide the aggrieved with recommendations as to how/if they should proceed;
2.6.3.1.C.To provide feedback to the appropriate town agencies about the grievances.
2.6.4.1. A Council on Aging is established consisting of seven members appointed by the Selectmen from the voters and residents of the Town for a term of three years to be staggered three-two-two as follows:
2.6.4.1.1. 4 or more resident members age 60 or over;
2.6.4.1.2. 3 or less residents;
2.6.4.1.3. 1 non-voting ex-officio member from each recognized Senior Citizens' organization;
2.6.4.1.4. 1 non-voting ex-officio member from the Housing Authority, the Board of Health and the Veterans' Office.
2.6.4.1.4.A. It shall be the duty of the Council on Aging to coordinate or carry out programs designed to meet the needs and problems of the aging in coordination with the Department of Elder Affairs and the Area Agency on Aging. The council shall submit an annual report to the town and shall send a copy thereof to the Department of Elder Affairs as established under Section 8B of Chapter 40 of the Massachusetts General Laws of 1966.
2.6.5.1. There shall be a committee on rules which shall consist of one member to be elected by and from the elected Town Meeting Members in each precinct. The terms of office of the members of the committee on rules shall be for three years so arranged that as nearly an equal number of such terms of office as is possible shall expire each year. The Town Moderator shall serve as a member ex-officio of such committee. The Committee on Rules shall provide a continuing oversight of the business of the Town Meetings. The Committee shall consider and report on all Warrant Articles which would, if adopted, affect the Town charter or the General By-Laws as provided in Section 7-9 (a) and (b).
2.6.5.1.A. A member of the Rules Committee may resign in writing to the Chairman of said committee, and upon the vacancy of a member of the Rules Committee the Chairman of said committee shall forthwith notify the Precinct Chairman of said precinct to hold an election within twenty-one (21) days to fill the remainder of the term of the vacated position.
Amended: Art. 39, FTM, 10/1/96; Eff. 12/9/96
2.6.6.A. Town Administrator Screening Committee
2.6.6.A.1. Procedure to fill a vacancy for the Town Administrator - Whenever a vacancy occurs in the position of Town Administrator or when by reason of retirement or a vacancy can be anticipated, the Board of Selectmen shall forthwith notify in writing the Town clerk, the School Committee, the Planning Board, the Finance Committee, the Personnel Board and the Chairmen of the Precinct Delegations. Forthwith following said notification, the Board of Selectmen, the School Committee, the Planning Board, the Finance Committee, the Personnel Board, the Chairman of the Precinct Delegations to the Representative Town Meeting shall meet in separate sessions and each of said agencies shall choose two persons, except that the Chairmen of the Precinct Delegations shall choose three persons, to serve as members of a committee to screen candidates for the office of the Town Administrator. Persons chosen by each of the said agencies may, but need not be members of the agency by which they are selected to serve. Not more than fourteen days following the date of said notification to the Town Clerk, the thirteen members of the Screening Committee, chosen as provided above, shall meet to organize and to plan for a process for the solicitation by other means to attract suitable candidates for the position of Town Administrator.
The Screening Committee shall review all applications for the position of Town Administrator as may be received by it, screen all applications, and provide for interviews to be conducted with such number of candidates for the position as it may deem to be necessary or desirable.
Not more than one hundred and fifty days following the date of said notification to the Town Clerk, the Screening Committee shall submit to the Board of Selectmen the names of not less than three nor more than five candidates whom it believes to be best suited to perform the duties of the office.
Within thirty days following the date the list of nominees is submitted to it, the Board of Selectmen shall choose one of the said nominees to serve as Town Administrator.
2.6.6.B. Additional Qualifications In addition to the general qualifications required for appointment to the office of Town Administrator, as provided in Section 3-3 (a), the qualifications required for the selection of a candidate for the position shall include the following:
2.6.6.B.1. That he shall have served full-time as a City or Town Administrator (under any title) for a period of not less than five years;
2.6.6.B.2. That he shall be qualified to become a member of the International City Management Association, in good standing;
2.6.6.B.3. That he possess at least an earned Bachelors Degree from a recognized, accredited college or university; and such other requirements as the Screening Committee, established under (a) above may additionally require. Provided, however, that said Screening Committee may, by a four-fifths vote of the full membership, waive the requirements of education in whole or in part based on special and unique municipal management experience beyond the five year minimum otherwise required.
Amended: Art. 39, FTM, 10/1/96; Eff.12/9/96
2.6.7. Personnel and Committee Structure:
A Town Treasurer, appointed by the Town Administrator, to serve for a term of three years;
A Collector of Taxes, appointed by the Town Administrator, to serve for the term of three years and who may be the same person appointed as Town Treasurer;
A Principal Assessor and two (2) Associate Assessors, appointed by the Town Administrator, to serve for terms of three years to arrange that one such term shall expire each year.
A Board of Health to consist of five members, appointed by the Town Administrator for terms of three years each so arranged that as nearly an equal number of such terms as is possible shall expire each year.
A Cemetery Commission to consist of three members appointed by the Town Administrator for terms of three years each, so arranged that one such term shall expire each year.
A Sewer Extension Committee to consist of five members, appointed by the Town Administrator, for terms of three years each so arranged that as nearly equal number of such terms as is possible shall expire each year, said committee to be the successors to the Sewer Commission. Until such time as the sanitary sewer system for the Town has been substantially completed and less than twenty percent of the gross area of the town remains without sewer service, the Sewer Extension Committee shall be responsible for the planning and development of all Sewer Extension Programs for the Town, subject to the approval of the Representative town Meeting. After construction, the maintenance and operation of the sewage system shall be assigned to the Department of Public Works;
A Development and Industrial Commission to consist of seven members, appointed by the Town Administrator, for terms of three years each so arranged that as nearly an equal number of such terms as is possible expire each year;
A Board of Trustees of the Public Library to consist of nine members appointed by the Town Administrator for terms of three years each, so arranged that three such terms of office shall expire each year;
A Recreation Commission to consist of nine members appointed by the Town Administrator for terms of three years each, so arranged that three such terms of office shall expire each year.
A Conservation Commission to consist of seven members appointed by the Board of Selectmen for terms of three years, each so arranged that as nearly an equal number of such terms of office as is possible shall expire each year.
A Board of Appeals to consist of five regular and two associate members, appointed by the Board of Selectmen for terms of three years each so arranged that as nearly an equal number of such terms as is possible shall expire each year;
Such number of Constables as the Board of Selectmen deem to be necessary, to be appointed by them for terms not to exceed three years;
A Personnel Board to consist of five members to be appointed by the Town Moderator for terms of three years each so arranged that as nearly an equal number of such terms of office as is possible shall expire each year;
A Finance Committee to consist of eleven members and two associate members, to be appointed by the Town Moderator, for terms of three years each so arranged that as nearly an equal number of such terms as is possible shall expire each year. The Chairman of the Committee may designate the senior associate member to sit on the Committee in case of absence of any member thereof or in the event of a vacancy on the Board until said vacancy is filled by the Town Moderator;
A Town Planner appointed by the Town Administrator, to serve for a term of three years;
2.6.7.A. Expiration of Office - Unless another provision is made by law, the terms of members bodies shall coincide with the fiscal year of the Town. Appointments to office shall be so made as to be effective on the first day of July, for so many years as may be otherwise provided.
2.6.7.B. Meeting of Bodies During Town Meeting - No multiple member body of the town shall schedule a meeting to be held during the time the Town Meeting is in session for the transaction of business. This provision shall not be construed as to prohibit emergency meetings of multiple member body held in the same building in which the Town Meeting is in session.
Amended: Art. 39, FTM, 10/1/96; Eff. 12/9/96
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