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Chapter 3

Elected Town Boards and Officers

Section 1 General Provisions

3.1.1 Beginning with the first Town Election held after the adoption of this charter, the Town Boards to be elected by vote of the Town shall be a Board of Selectmen, a School Committee, and a Community Planning Commission.

3.1.2 During the term for which he is elected, and for two years following expiration of his term, no member of any of these boards shall be offered a paid Town position. [Amended 10/2/1995 ATM by Art. 10, approved 5/7/1996]

3.1.3 Members of these boards shall serve without compensation but may receive actual and necessary expenses incurred in the performance of their duties, within limits of an appropriation made for that purpose.

3.1.4 Vacancies in the office of the Board of Selectmen, School Committee, and Community Planning Commission shall be filled in accordance with the provisions of general law.

Section 2 The Board of Selectmen

3.2.1 A Board of Selectmen of five members shall be elected for three year overlapping terms. The regular election for the office of Selectman shall be held in accordance with chapter six of this charter.

Section 3 Powers of Investigation

3.3.1 The Board of Selectmen may make investigations and may authorize the Town Administrator or other agent to investigate the affairs of the Town and the conduct of any Town department, office, or agency, including any doubtful claims against the Town, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The report of such investigation shall be placed on file in the office of the Town Administrator, and a report summarizing such investigation shall be printed in the next Annual Town Report.

Section 4 The Power to Appoint

3.4.1 The power to appoint a Board of Registrars, Election Officials, a Conservation Commission, a Treasurer, a Town Counsel; Constables, Board of Appeals, Library Trustees, Historic District Commission, Mobile Home Rent Control Board, Hillview Commission and other boards or commissions as may be established, shall be vested in the Board of Selectmen, except as otherwise provided in this charter. The term of office for the Treasurer, Town Counsel, and Constables shall be for a period of one year. Other officers and members of boards and commissions shall be appointed for such terms as may be fixed by the Board or as otherwise provided by this charter. [Amended 10/2/1995 ATM by Art. 11, approved 5/7/1996]

Section 5 The Power to Rescind Appointments

3.5.1 The Board of Selectmen, by majority vote of its full membership, may rescind for cause any appointment made to any board except the Board of Appeals or other quasi-judicial body, provided that a majority of said board shall so recommend.

Section 6 Other Powers

3.6.1 The Board of Selectmen shall have the power to enact rules and regulations, establishing Town policies, not otherwise governed by statute, this charter, or bylaw, provided, however, that whenever an appropriation shall be necessary to implement such action, the vote of the board shall be effective only if such appropriation has been made by the Town Meeting.

3.6.2 All executive powers of the Town, except as otherwise provided in this charter, shall be vested in the Board. It is the intention of this section that the Board shall exercise control over Town affairs by recommending major courses of action to the Town Meeting and by setting policies to be carried out by the Town Administrator. Nothing in this section shall be construed as granting to the Board any power to reorganize offices under the jurisdiction of the School Committee or of the Community Planning Commission.

3.6.3 Except for the purposes of investigation authorized by this charter, the Board shall deal solely through the Town Administrator with Town officers and employees subject to his direction or supervision.

Section 7 School Committee

3.7.1 A School Committee of five members shall be elected for three year overlapping terms in accordance with chapter six of this charter.

3.7.2 The Committee shall exercise all powers and duties of School Committees as provided by the constitution and general laws.

Section 8 Community Planning Commission

3.8.1 A Community Planning Commission of five members shall be elected for three year overlapping terms. At the first Town Election following the acceptance of this charter, the Town shall elect five commission members, two of whom shall serve for terms of three years, two of whom shall serve for terms of two years, and one of whom shall serve for a term of one year. At each Annual Town Election thereafter, the voters shall elect in place of those members whose terms are about to expire a like number of members to serve for terms of three years. All records, minutes, deliberations, votes and recommendations of the Commission shall be a matter of public record.

3.8.2 The Commission shall be responsible for the physical and environmental planning of the Town, and it shall serve as, and shall exercise all powers and duties of, a Planning Board established under provisions of general law. [Amended 10/3/1988 ATM by Art. 16, approved 5/2/1989]

3.8.3 The Commission shall be responsible for the development and annual updating of a Comprehensive Plan, which shall be used as the basis of its recommendations. The Commission shall make a report annually to the Town Meeting on the status of the Comprehensive Plan.

3.8.4 The Commission may employ a professional Planning Director, staff, and consultants provided that funds for that purpose have previously been appropriated by Town Meeting. Staff so employed shall function under the direction of the Commission. Copies of all Commission recommendations and studies shall be submitted to the Town Administrator and the Board of Selectmen.

3.8.5 The Commission may appoint subcommittees of volunteers to assist in carrying out its official duties.

Section 9 Moderator

3.9.1 The Moderator shall be elected for a one year term at the regular election of Town Officials. He shall not hold any other Town office or accept Town employment during the term for which he is elected.

3.9.2 The Moderator shall preside at all Town Meetings and shall swear in the Town Clerk. He shall enforce procedural rules as set forth in general law, this charter, and bylaw.

3.9.3 The Moderator shall appoint the Finance Committee in accordance with section 2.5.1.