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Home Page General By-Laws - Article II
Date: October 1997
Location: Town of Billerica, Massachusetts



Table of Contents

ARTICLE 2. - Powers and Duties of Town Officers

  • 2.1. Selectmen
  • 2.2. Treasurer
  • 2.3. Liability
  • 2.4. Disposal of Tangible Property
  • 2.5. Disposal of Tax Title Property
  • 2.6. Duties of Town Personnel

    ARTICLE 2. - Powers and Duties of Town Officers

    2.1. SELECTMEN

    2.1.1. The Selectmen shall have full authority, as agents of the Town to:

    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.

    2.1.3. The Selectmen shall examine the books of the Treasurer at least every six months.

    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. TREASURER

    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:

    2.2.3. 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. LIABILITY

    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.


    2.4.1. 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to sell or trade any tangible property which is owned by the town and under the control of said department which is obsolete or of no practical value.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;

    2.5.3. Abutters to parcels of land which do not meet the area, frontage or depth requirements of the Zoning By-Law, and;

    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.

    2.5.5. The award shall be made to the qualified bidder submitting the highest bid above the stipulated minimum.

    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:

    2.5.8. 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.

    2.6.2. 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.





    2.6.7. Personnel and Committee Structure:


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