USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1951 > Part 4
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(Inserted at the request of more than ten (10) registered voters)
Article 56. To see if the Town will amend Section 8 of Article 2 of the Town's By-Laws by inserting a new sentence after the first sentence to read: "A motion to reconsider must be made by a town meeting member who has voted with the prevailing side.", or take any action relating thereto.
(Inserted at the request of more than ten (10) registered voters)
Article 57. To see if the Town will amend Section 9 of Article 2 of the Town's By-Laws by striking out the words "Cushing's Manual" and inserting in place thereof the words "Robert's Rules of Order," or take any action relating thereto.
(Inserted at the request of more than ten (10) registered voters)
Article 58. To see if the Town will accept Section 6A of Chapter 40 of the General Laws of Massachusetts (Tercentenary Edition) known as "Municipal advertising" or take any action relating thereto.
(Inserted at the request of more than ten (10) registered voters)
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Article 59. To see if the Town will vote to make an appropriation for the purpose of providing ornamental and additional light to the town during the Christmas Holiday Season; determine in what manner the funds shall be raised and expended; or take any action relating thereto.
(Inserted at the request of more than ten (10) registered voters)
Article 60. To see if the Town of Arlington will release all right, title and interest in and to certain flowage rights acquired under a deed from George Flint et als to the Town dated January 4, 1888, recorded in Middlesex South District Registry of Deeds, Book 1836, Page 468.
(Inserted at the request of more than ten (10) registered voters)
Article 61. To hear and act upon the report and Legislative Act proposed by the Committee appointed by the Moderator in pursuance of the vote of the Town passed October 4, 1950, under Article 2 for the Special Town Meeting in 1950, such proposed legislation being substantially as follows:
AN ACT ESTABLISHING A TOWN MANAGER FORM OF GOVERNMENT FOR THE TOWN OF ARLINGTON
Be it enacted by the Senate and House of Representatives in General Court assembled, and by authority of the same, as follows:
SECTION 1. Upon the acceptance of this act by the Town of Arlington, as hereinafter provided, beginning with the year following its adoption, the regular town election of said town for the purpose of electing town officers including Town Meeting members, in accordance with the provisions of this act, and for the submission of questions to the voters of the town, if required to be submitted thereat, shall be held annually on the first Monday in March, and shall be considered part of the annual town meeting held in that year. All articles in the warrant for any regular town meeting to be acted upon and de- termined otherwise than by ballot shall be considered at a town meeting to be held annually on the third Monday of March at eight o'clock in the evening.
SECTION 2. ELECTION OF MODERATOR. The office shall continue as presently provided in said town.
SECTION 3. ELECTION OF SELECTMEN. At the first annual election held in said town after the acceptance of this act, the number of selectmen shall be increased to five. Such increase shall be effected in the following manner: the two members of the Board of Selectmen whose terms have not then expired shall continue as such members until the expiration of the terms for which they were respectively elected, and at such annual election there shall be elected one selectman for one year, one for two years, and one for three years; and at each annual election thereafter, the town shall elect successors of the members whose terms have expired for the terms of three
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years. They shall serve until their successors are elected and qualified. When a vacancy occurs among the selectmen for any reason other than expiration of term, the remaining selectmen and the moderator, within 30 days after such vacancy occurs, shall appoint another select- man to fill the vacancy until the next town election, at which the voters shall elect a selectman for the remainder of the unexpired term. A majority of the ballots of the officers entitled to vote shall be necessary to such appointment.
SECTION 4. APPOINTIVE POWERS OF SELECTMEN. The se- lectmen shall appoint and may remove election officers, the boards of appeal, the registrars of voters, except the town clerk as a registrar, and the town accountant.
SECTION 5. ELECTION OF SCHOOL COMMITTEE. The elec- tion of the school committee shall continue as presently provided in Arlington. When a vacancy occurs in the membership of the school committee, the remaining members of the school committee shall, after one week's notice, fill such vacancy by ballot. A majority of the ballots of the members entitled to vote shall be necessary to such election. The person so appointed shall perform the duties of the office until the next annual election, at which the voters shall elect a member of the school committee for the remainder of the un- expired term.
SECTION 6. POWERS OF THE SCHOOL COMMITTEE. Noth- ing in this act shall be construed to affect the powers and duties of the school committee as provided by law, except as specifically provided herein.
SECTION 7. ELECTION OF HOUSING AUTHORITY. The elec- tion of the elected members of the Arlington Housing Authority shall continue as presently provided.
SECTION 8. ELECTION OF OTHER OFFICERS. The election of Town Clerk, Treasurer and Town Collector, and Assessors shall continue as presently provided. Notwithstanding the election of the officers named in this section, by voters of the town, they shall be subject to the call of the manager for consultation, conference and discussion on matters relating to their respective offices.
SECTION 9. MULTIPLE OFFICERS. A member of the board of selectmen, or of the school committee, or of the finance committee shall, during the term for which he was elected or appointed, be ineligible either by election or appointment to hold any other town office. Any person appointed by the town manager to any town office under the provisions of this act or of any general or special law shall be eligible during the term of said office to appointment to any other town office, except that the town accountant shall not be eligible to hold the position of town treasurer and collector. The town manager may, subject to any applicable provision of the General Laws, relating thereto, assume the duties of any office which he is authorized to fill by appointment.
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SECTION 10. INVESTIGATIONS OR SURVEYS. For the pur- pose of making investigations or surveys, the selectmen may employ such experts, counsel and other assistants and incur such other ex- penses, not exceeding in any year the sum of one thousand dollars, or such larger sum as may be appropriated for the purpose by the town, as they may deem necessary, and the same shall be paid by the treasurer upon a warrant signed by a majority of the board of selectmen.
TOWN MANAGER
SECTION 11. APPOINTMENT OF TOWN MANAGER. The se- lectmen elected as provided herein shall appoint, as soon as practicable, for a term of three years, a town manager who shall be a professionally qualified person especially fitted by education, training and ex- perience to perform the duties of the office and shall have at least three years experience as a city or town manager. The town manager shall be appointed without regard to his political beliefs. He shall be a resident of the town during his term of office. He may be appointed for successive terms of office. Before entering upon the duties of his office, the town manager shall be sworn to the faithful and impartial performance thereof by the chairman of the selectmen, or by the town clerk, or by a justice of the peace. He shall execute a bond in favor of the town for the faithful performance of his duties in such sum and with such surety or sureties as may be fixed or approved by the selectmen.
SECTION 12. ACTING MANAGER. The town manager may designate, by letter filed with the town clerk, a qualified officer of the town to perform his duties during his temporary absence or disability except during removal proceedings. In the event of failure of the manager to make such designation, the selectmen may, by resolution, designate an officer of the town to perform the duties of the manager until he shall return or his disability shall cease.
SECTION 13. REMOVAL OF MANAGER. The selectmen, by a majority vote of the full membership of the board, may remove the town manager. At least 20 days before such proposed removal shall become effective, the selectmen shall file a preliminary written reso- lution with the town clerk setting forth in detail the specific reasons for the proposed removal of the town manager, a copy of which resolution shall be delivered to the town manager. The manager, within 20 days after notice, so filed, may reply in writing to the resolution and may request a public hearing. If the manager so re- quests, the board of selectmen shall hold a public hearing not earlier than twenty days nor later than thirty days after the filing of such request. The manager shall have the right to representation by counsel, to produce witnesses and exhibits on his behalf, and to cross examine witnesses. After such public hearing, if any, otherwise at the expiration of thirty days following the filing of the preliminary
resolution, and after full consideration, the selectmen by a majority vote of the full membership of the board may adopt a final resolution of removal. In the preliminary resolution, the selectmen may suspend the manager from duty, but in any case his salary shall continue to be paid until the expiration of one month from the date of adoption of the final resolution of removal.
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SECTION 14. COMPENSATION OF MANAGER. The town mana- ger shall receive such compensation for his services as the selectmen shall determine but it shall not exceed the amount appropriated therefor by the town.
SECTION 15. POWERS AND DUTIES OF MANAGER. In addi- tion to the specific powers and duties provided in this act the town manager shall have the general powers and duties enumerated in this section :
(a) The town manager shall supervise and direct the administra- tion of all department, commissions, boards and offices, except the board of selectmen, the school committee, moderator, town clerk, town treasurer and collector, assessors, and boards of appeal.
(b) The town manager, in accordance with the provisions of this act and except as otherwise expressly prohibited by the General Laws, may reorganize, consolidate or abolish departments, commissions, boards or offices under his direction and supervision, in whole or in part, may establish such new departments, commissions boards and offices as he deems necessary, and may transfer the duties and powers of one department, commission, board or office to another and may, with the approval and consent of the Finance Committee, transfer the appropriation of one department, commission, board or office to another.
(c) Except as otherwise provided by this act, the town manager shall appoint upon merit and fitness alone, and, subject to the provisions of chapter thirty-one of the General Laws where applicable, and except as otherwise provided herein, he may transfer and re- move all officers and employees of the town, except employees of the school department but this exception shall not apply to main- tenance employees of the school department; town officers and full- time employees not subject to the provisions of said chapter thirty-one shall not be removed by him except on ten working days notice in writing to said officer or employee, setting forth the cause of such removal.
(d) Subject to all applicable provisions of chapter thirty-one of the General Laws, and subject to the classification plan as established now or hereafter by the Town By-Laws, the town manager shall fix the compensation of all town officers and employees subject to removal by him.
(e) The town manager shall keep full and complete records of his office, and shall render as often as may be required by the select- men a full report of his management during the period reported on.
(f) The town manager shall keep the selectmen fully advised as to the needs of the town and shall recommend to the selectmen for adoption such measures requiring action by them or by the town as he may deem necessary or expedient.
(g) The town manager shall have jurisdiction over the rental and
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use of all town property, except schools. He shall be responsible for the maintenance and repair of all town property, including school buildings. Except as otherwise voted by the town, he shall be responsible for the preparation of plans and the supervision of work on all con- struction, reconstruction, alterations, improvements and other under- takings authorized by the town, subject, however, to the approval of the school committee with respect to plans for the construction or im- provement of school buildings or property.
(h) The town manager shall purchase all supplies and materials and equipment, except educational supplies, and books for schools, and books for libraries. He shall make purchases for departments not under his supervision only in accordance with requisitions duly signed by the heads of such departments. The town manager may delegate such purchasing power. Except as otherwise herein provided, he may award all contracts for all departments of the town.
(i) The town manager shall administer either directly or through a person or persons appointed by him in accordance with this act all provisions of general and special laws applicable to said town, all by-laws and all regulations established by the selectmen.
(k) The town manager shall, with the approval of the Selectmen, have authority to prosecute, defend, and compromise all litigation to which the town is a party, and to employ special counsel to assist the town counsel whenever in his judgement it may be necessary.
(1) The town manager shall perform such other duties, consistent with his office, as may be required of him by the by-laws or vote of the town or by vote of the selectmen.
SECTION 16. INVESTIGATIONS BY THE MANAGER. The town manager may without notice cause the affairs of any division or de- partment under his control or the conduct of any officer or employee thereof to be examined. The town manager shall have access to all town books and papers for information necessary for the proper per- formance of his duties.
SECTION 17. APPOINTMENT OF PLANNING BOARD. The town manager, subject to the approval of the board of selectmen, shall appoint a planning board to consist of five suitably qualified persons. One of said persons shall be appointed for a term of one year, two for a term of two years, and two for a term of three years; and annually thereafter there shall be appointed by the town manager subject to the approval of the board of selectmen a member for a term of three years in place of the member whose term is to expire. The members shall serve until their successors are appointed and qualified. If for any reason a vacancy occurs in the membership of the planning board, the vacancy shall be filled forthwith by the town manager, subject to the approval of the board of selectmen, for the unexpired term. Upon the appointment and qualification of the members of the planning board as provided in this section the terms of office of the members of the then existing planning board of the town shall terminate. The planning board appointed hereunder shall organize for the proper conduct of
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their duties and shall possess all the powers and rights and be subject to all the duties and liabilities conferred or imposed upon planning boards of towns, but in the performance of their duties they shall be subject to the general supervision and direction of the town manager. They shall be sworn to the faithful performance of their duties by the town clerk or by a justice of the peace.
SECTION 18. APPOINTMENT OF THE BOARD OF PUBLIC WELFARE. The town manager, subject to the approval of the board of selectmen, shall appoint a board of public welfare to consist of three suitably qualified persons. One of said persons shall be appointed for a term of one year, one for a term of two years, and one for a term of three years; and annually thereafter there shall be appointed by the town manager, subject to the approval of the board of select- men, a member for a term of three years in the place of the member whose term is to expire. The members shall serve until their successors are appointed and qualified. If for any reason a vacancy occurs in the membership of the board of public welfare, the vacancy shall be filled forthwith by the town manager, subject to the approval of the board of selectmen, for the unexpired term. Upon the appointment and qualification of the members of the board of public welfare as pro- vided in this section the terms of office of the members of the then existing board of public welfare of the town shall terminate. The board of public welfare appointed hereunder shall organize for the proper conduct of their duties and shall possess all the powers and rights and be subject to all the duties and liabilities conferred or im- posed upon boards of public welfare of towns, but in the performance of their duties they shall be subject to the general supervision and direction of the town manager. They shall be sworn to the faithful performance of their duties by the town clerk or by a justice of the peace.
SECTION 19. APPOINTMENT OF BOARD OF HEALTH. The town manager, subject to the approval of the board of selectmen, shall appoint a board of health to consist of three suitably qualified persons. One of said persons shall be appointed for a term of one year, one for a term of two years, and one for a term of three years; and annually thereafter there shall be appointed by the town manager, subject to the approval of the board of selectmen, a member for a term of three years in the place of the member whose term is to expire. The mem- bers shall serve until their successors are appointed and qualified. If for any reason a vacancy occurs in the membership of the board of health, the vacancy shall be filled forthwith by the town manager, subject to the approval of the board of selectmen, for the unexpired term. Upon the appointment and qualification of the members of the board of health as provided in this section, the terms of office of the members of the then existing board of health of the town shall terminate. The board of health appointed hereunder shall organize for the proper conduct of their duties and shall possess all the powers and rights and be subject to all the duties and liabilities conferred or imposed by law upon boards of health of towns, but in the per- formance of their duties they shall be subject to the general super- vision and direction of the town manager. They shall be sworn to the faithful performance of their duties by the town clerk or by a justice of the peace.
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SECTION 20. APPOINTMENT OF BOARD OF PARK COMMIS- SIONERS. The town manager, subject to the approval of the board of selectmen, shall appoint a board of park commissioners to consist of three suitably qualified persons. One of said persons shall be ap- pointed for a term of one year, one for a term of two years, and one for a term of three years; and annually thereafter there shall be ap- pointed by the town manager, subject to the approval of the board of selectmen, a member for a term of three years in the place of the member whose term is to expire. The members shall serve until their successors are appointed and qualified. If for any reason a vacancy occurs in the membership of the board of park commissioners, the vacancy shall be filled forthwith by the town manager, subject to the approval of the board of selectmen, for the unexpired term. Upon the appointment and qualification of the members of the board of park commissioners as provided in this section, the terms of office of the members of the then existing board of park commissioners of the town shall terminate. The board of park commissioners appointed hereunder shall organize for the proper conduct of their duties and shall possess all the powers and rights and be subject to all the duties and liabilities conferred or imposed by law upon the board of park commissioners of towns, but in the performance of their duties they shall be subject to the general supervision and direction of the town manager. They shall be sworn to the faithful performance of their duties by the town clerk or by a justice of the peace.
SECTION 21. APPOINTMENT OF BOARD OF CEMETERY COM- MISSIONERS. The town manager, subject to the approval of the board of selectmen, shall appoint a board of cemetery commissioners to consist of three suitably qualified persons. One of said persons shall be appointed for a term of one year, one for a term of two years, and one for a term of three years; and annually thereafter there shall be appointed by the town manager, subject to the approval of the board of selectmen, a member for a term of three years in the place of the member whose term is to expire. The members shall serve until their successors are appointed and qualified. If for any reason a vacancy occurs in the membership of the board of cemetery commissioners, the vacancy shall be filled forthwith by the town manager, subject to the approval of the board of selectmen, for the unexpired term. Upon the appointment and qualification of the members of the board of cemetery commissioners as provided in this section the terms of office of the members of the then existing board of cemetery commissioners of the town shall terminate. The board of cemetery commissioners ap- pointed hereunder shall organize for the proper conduct of their duties and shall possess all the powers and rights and be subject to all the duties and liabilities conferred or imposed by law upon boards of cemetery commissioners of towns, but in the performance of their duties they shall be subject to the general supervision and direction of the town manager. They shall have administration of all cemetery trust funds. They shall be sworn to the faithful performance of their duties by the town clerk or by a justice of the peace.
SECTION 22. APPOINTMENT OF BOARD OF LIBRARY TRUS- TEES. The town manager, subject to the approval of the board of selectmen, shall appoint a board of Library trustees to consist of five suitably qualified persons. One of said persons shall be appointed
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for a term of one year, two for a term of two years, and two for a term of three years; and annually thereafter there shall be appointed by the town manager, subject to the approval of the board of select- men, a member for a term of three years in the place of the mem- ber whose term is to expire. The members shall serve until their successors are appointed and qualified. If for any reason a vacancy occurs in the membership of the board of library trustees, the vacancy shall be filled forthwith by the town manager, subject to the approval of the board of selectmen, for the unexpired term. Upon the appoint- ment and qualification of the members of the board of library trustees as provided in this section to the terms of office of the then existing board of library trustees shall terminate. The board of library trustees appointed hereunder shall organize for the proper conduct of their duties and shall possess all the powers and rights and be subject to the duties and liabilities conferred or imposed by law upon boards of library trustees of towns, but in the performance of their duties they shall be subject to the general supervision and direction of the town manager. They shall have administration of all library trust funds. They shall be sworn to the faithful performance of their duties by the town clerk or a justice of the peace.
SECTION 23. APPOINTMENT OF BOARD OF COMMISSIONERS OF TRUST FUNDS. The town manager, subject to the approval of the Board of selectmen, shall appoint a board of commissioners of trust funds to consist of three suitably qualified persons. One of said persons shall be appointed for a term of one year, one for a term of two years, and one for a term of three years; and annually thereafter there shall be appointed by the town manager, subject to the approval of the board of selectmen, a member for a term of three years in the place of the member whose term is to expire. The members shall serve until their successors are appointed and qualified. If for any reason a vacancy occurs in the membership of the board of commissioners of trust funds, the vacancy shall be filled forthwith by the town manager, subject to the approval of the board of selectmen, for the unexpired term. Upon the appointment and qualification of the members of the board of commissioners of trust funds, as provided in this section the terms of office of the then existing trustees of trust funds of the town shall' terminate. The board of commissioners of trust funds appointed hereunder shall organize for the proper conduct of their duties and shall possess all the powers and rights and be subject to all the duties and liabilities conferred or imposed by law upon boards of commissioners of trust funds of towns, but in the performance of their duties they shall be subject to the general supervision and direction of the town manager. They shall have administration of all trust funds of the town except the cemetery trust funds and the library trust funds. They shall be sworn to the faithful performance of their duties by the chair- man of the selectmen or by a justice of the peace.
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