USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1951 > Part 5
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SECTION 24. APPOINTMENT OF PERSONNEL BOARD. The moderator shall appoint a personnel board consisting of five members, who shall be citizens and registered voters of the town, and two of which members shall be town employees from two different depart- ments but not elected by the town, and who are nominees of a majority of the employees of the town present at a meeting duly called for the purpose of such nominations. One member of the board.
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shall be appointed for a term of one year; two for terms of two years; and two for terms of three years, and thereafter each appointment shall be for a term of three years. It shall be the duty of this Board to ad- minister the pay and classification plans now or hereafter provided in the town by-laws when not inconsistent herewith.
SECTION 25. TREE WARDEN. The town manager shall appoint a suitably qualified person to the office of tree warden. The existing elective office of tree warden shall be continued until the person appointed to said office of tree warden shall have qualified; at which time the elective office of tree warden shall terminate. The tree warden shall have the powers, perform the duties, and be subject to the liabilities and penalties now or hereafter conferred or imposed by law upon tree wardens but in the conduct of his office he shall be subject to the supervision and direction of the town manager. The tree warden shall be sworn to the faithful performance of his duties by the town clerk or a justice of the peace.
SECTION 26. The board of public works shall be abolished and the offices terminated and Chapter 3 of the Acts of 1904 is hereby re- pealed. The duties, liabilities and obligations contained and provided for therein shall be administered in accordance with existing General Laws relative thereto when not inconsistent with the provisions contained herein.
SECTION 27. DEPARTMENT OF PUBLIC WORKS. There shall be established a Department of Public Works as herein provided. Amongst other duties and responsibilities, the collection and removal of refuse, garbage and offal shall be the duties of this department. The town manager shall appoint a suitably qualified person to the office of Superintendent of Public Works. The Superintendent of Public Works in office when this act becomes effective shall continue in office subject to the provisions of chapter thirty-one of the general laws, if applicable, but otherwise subject to removal by the town manager as provided herein. The superintendent of public works shall have the powers, perform the duties and be subject to the liabilities and penalties now or hereafter imposed by law upon a superintendent of streets in towns and such other duties as may be assigned to him. In the performance of his duties he shall be subject to the general supervision and direction of the town manager. He shall be sworn to the faithful performance of his duties by the town clerk or by a justice of the peace. The town manager shall establish such divisions and subordinate offices within the department of public works as he deems necessary and shall prescribe the powers, rights, duties and liabilities of the same.
LEGAL AFFAIRS
SECTION 28. APPOINTMENT OF TOWN COUNSEL. The town manager shall appoint annually an attorney-at-law who is a resident of said town to act as town counsel, whose duties it shall be to com- mence and prosecute all actions and other proceedings on behalf of the town, and to defend all action and proceedings brought against the town or any of its officers in their official capacity as such. He shall also appear before legislative committees, other boards, commissions and
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public officials or bodies, on behalf of the town whenever his services may be required. He shall prepare all contracts, deeds and other legal instruments of the town. Upon request by the town manager or by any other officer or board of the town on a subject concerning the town or related to the performance of the official duties of such officer or board, he shall furnish a legal opinion thereon; but whenever the opinion is required to be in writing, the question submitted for his consideration shall also be in writing. He shall perform such other legal services as may be requested of him, by vote of the town, the board of selectmen, or the town manager.
FISCAL AFFAIRS
SECTION 29. APPROVAL OF WARRANTS. The town manager 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 section fifty-six of chapter forty-one of the General Laws shall be submitted to the town manager. The approval of any such warrant by the town manager shall be sufficient authority to authorize payment by the town treasurer, but the selectmen shall approve all warrants in the event of the absence of the town manager or a vacancy in the office of the town manager.
SECTION 30. INVESTIGATION OF CLAIMS. Whenever any payroll, bill or other claim against the town is presented to the town manager he shall, if the same seems to him to be of doubtful validity, excessive in amount, or otherwise contrary to the interests of the town, refer it to the selectmen who shall immediately investigate the facts and determine what, if any, payment should be made. Pending such investigation and determination by the selectmen, payment shall be withheld.
SECTION 31. CERTAIN TOWN OFFICERS NOT TO MAKE CONTRACTS WITH THE TOWN. It shall be unlawful for any select- man, the town manager, any member of the school committee, any trustee of the public library, or any other elective or appointive official, except as otherwise provided by this act or any other provision of law, directly or indirectly to make a contract with the town, or to receive any commissions, discount, bonus, gift, contribution or reward from, or any share in the profits of any person or corporation making or performing such a contract unless the official concerned, immediately upon learning of the existence of such contract, or that such a contract is proposed, shall notify the selectmen in writing of the contract and of the nature of his interest therein and shall abstain from doing any official act on behalf of the town in reference thereto. In case such interest exists on the part of an officer whose duty is to make such a contract on behalf of the town, the contract may be made by another officer or voter of the town duly authorized thereto by vote of the selectmen. Violation of any provisions of this section shall render the contract in respect to which such violation occurs voidable at the option of the town. Any persons violating any provisions of this section shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.
SECTION 32. ESTIMATES OF EXPENDITURES. On or before
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the first day of November of each year, the town manager shall sub- mit to the selectmen a careful, detailed estimate in writing of the probable expenditures of the town government for the ensuing fiscal year, stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town, and showing specifically the amount necessary to be provided for each fund and department, together with a statement of the expenditures of the town for the same purposes in the two preceeding years and an estimate for the expenditures for the current year. He shall also submit a statement showing all revenues received by the town in the two preceeding fiscal years together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He shall report the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the town together with an estimate of the tax rate necessary to raise said amount. For the purpose of enabling the town manager to make up the annual estimates of expenditures, all boards, officers, and committees of the town shall, upon his written request, furnish all information in their possession and submitted to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective de- partments during the next fiscal year.
SECTION 33. ANNUAL BUDGET. The selectmen shall consider the tentative budget submitted by the town manager and make such recommendations relative thereto as they deem expedient and proper in the interests of the town. On or before the first day of December of each year the selectmen shall transmit a copy of the budget together with their recommendations relative thereto to each member of the finance committee.
FINANCE COMMITTEE
SECTION 34. APPOINTMENT £ OF FINANCE COMMITTEE. There shall be a finance committee the members of which shall be registered voters of the town. There shall be one from each precinct of the town and one member at large except if the number of precincts at any time is uneven in number, there shall be no member at large. Ex- cept as in hereafter provided, the finance committee shall be appointed by an appointing committee of three members, composed of the moder- ator, the chairman of the finance committee, and the chairman of the board of trust fund commissioners, within twenty days after the final adjournment of the annual town meeting. They shall be constituted and function as provided now or hereafter in the by-laws of the town when not inconsistent herewith. Those members of the finance com- mittee when this act takes effect whose terms have not expired shall continue until expiration thereof. Vacancies shall be filled by the appointing power as provided now or hereafter by the town by-laws. All department budgets shall be submitted to the finance committee annually by the first day of December.
SECTION 35. FREE ACCESS TO FINANCIAL DATA. In the dis- charge of its duty, said committee shall have free access to all books of records and accounts, payrolls, bills and vouchers on which money has been or may be paid from the town treasury. Officers, boards and committees of the town shall, upon request, furnish said committee
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with facts, figures and any other information pertaining to their several activities.
SECTION 36. ANNUAL REPORT. It shall be the duty of the finance committee to make an annual report of its doings, with rec- ommendations relative to financial matters and the conduct of town business, which shall be included in the annual town report.
SECTION 37. HOLDER OF AN ELECTIVE OFFICE MAY BE RECALLED. And holder of an elctice office may be recalled therefrom by the registered voters of the town as herein provided.
SECTION 38. RECALL PETITION, PREPARATION, FILING. Any fifty registered voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk shall thereupon deliver to said voters making the affidavit copies of petitions blanks demanding such recall, printed forms of which he shall keep available. The blanks shall be issued by the town clerk with his signature and official seal attached thereto. They shall be dated, shall be addressed to the selectmen, and shall contain the names of the fifty persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit, and shall demand the election of a successor in said office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk within twenty days after the filing of the affidavit, and shall have been signed by at least twenty per cent of the registered voters of the town, who shall add to their signatures the street and number, if any, of their residences.
The town clerk shall submit the petition to the registrars of voters in the town, and the registrars shall forwith certify thereon the number of signatures which are names of registered voters of the town.
SECTION 39. REMOVAL AND ELECTION. If the petition shall be found and certified by the town clerk to be sufficient, he shall submit the same with his certificate to the selectmen without delay, and the selectmen shall forwith give written notice of receipt of the certificate to the officer sought to be recalled, and shall, if the officer does not resign within five days thereafter, thereupon order an election to be held on a Tuesday fixed by them not less than twenty-five nor more than thirty-five days after the date of the town clerk's certificate that a sufficient petition is filed; provided, however, that if any other town election is to occur within sixty days after the date of the certificate, the selectmen shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this act.
SECTION 40. NOMINATION OF CANDIDATES. The question of recalling any number of officers may be submitted at the same election But as to each officer whose recall is sought there shall be a separate ballot. The nomination of candidates
to succeed an officer whose recall is sought, the publication of the warrant for the recall
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election and the conduct of such election shall all be in accordance with the provisions of the General Laws applicable thereto.
SECTION 41. BALLOTS. Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer).
Against the recall of (name of officer).
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X), may vote for either of the said propositions. Under the proposition shall appear the word "Candidates," the directions to voters required by section four of chapter fifty-four A of the General Laws, and beneath this the names of candi- dates nominated as hereinbefore provided.
SECTION 42. ELECTION. If a majority of the votes cast on the question of recalling an officer shall be against his recall, he shall con- tinue in office but subject to recall as provided in this act. If a majority of such votes be for the recall of the officer designated on the ballot, he shall, regardless of any defects in the recall petition be deemed removed from office. When an officer is recalled from office, the candidate to succeed the officer recalled shall be determined in accordance with the provisions of General Laws applicable thereto.
SECTION 43. ELECTION IN EVENT OF RESIGNATION. If an office in regard to which a sufficient recall petition is filed becomes vacant before the ballots are printed, the election shall be held as hereinbefore provided, except that the title of the ballot shall be "Town Election", that the propositions in regard to the recall shall be omitted from the ballot, and that above the names of the candidates there shall appear on the ballot the words "Candidates to succeed (Name of officer) resigned." (If he resigned his office).
SECTION 44. SUBSEQUENT RECALL. No recall petition shall be filed against an officer wthin three months after he takes office, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least three months after the election at which his recall was sub- mitted to the voters of the town.
SECTION 45. PERSON RECALLED NOT TO BE APPOINTED TO ANY TOWN OFFICE WITHIN TWO YEARS. No person who has been recalled from an office, or who has resigned from office while recall pro- ceedings were pending against him, shall be appointed to any town office within two years after such recall or such resignation.
SECTION 46. DUTIES OF CERTAIN TOWN OFFICIALS RELA- TIVE TO ELECTION. It shall be the duty of the selectmen and the town clerk in office and any other town official upon whom by reason of his office a duty devolves under the provisions of this act, when this act is accepted by the registered voters as herein provided, to comply with all the requirements of law relating to elections, to the end that all things may be done necessary for the nomination and election of the officers first to be elected under this act.
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SECTION 47. BY-LAWS, RULES, ETC. All laws, by-laws, rules and regulations in force in the town of Arlington when this act takes effect, not inconsistent with its provisions, whether enacted by authority of the town or any other authority, shall continue in full force and effect until otherwise provided by law, by-law, or vote; all other laws, by-laws, rules and regulations so far as they refer to the town of Arlington, are hereby repealed and annulled, but such repeal shall not revive any pre-existing enactment.
SECTION 48. SUBMISSION OF ACT AND TIME OF TAKING EF- FECT. This act shall be submitted to the qualified voters of the Town of Arlington for acceptance at the next election to be held in the town of Arlington. The vote shall be taken by ballot in answer to the following question which shall be printed on the official ballot: "Shall an act passed by the general court in the year nineteen hundred and fifty-one entitled "An act establishing a Town Manager form of Government for the Town of Arlington be accepted?" If this act shall be accepted by a majority of the quailified voters voting thereon, it shall take effect imme- diately following the next annual town election for the purpose of the appointment by the selectmen as herein provided of a town manager. All budgets and estimates of appropriations required for the current fiscal year prepared by heads of departments under his control prior to the annual town meeting shall be subject to the supervision and approval of the town manager. Upon acceptance by a majority of the qualified voters as herein provided, this act shall also take effect for the purposes of the annual meeting for the year following its acceptance and for all things that pertain to said election, and shall take full effect upon the election and qualification of the selectmen, except as herein provided. If this act is rejected by the qualified voters of the town of Arlington when first submitted to said voters under this section, it shall be sub- mitted for acceptance in like manner to such voters at the next town election in said town, and if it is not accepted at said town election, it shall again be submitted for acceptance in like manner to such voters at the next following town election, and, if accepted by a majority of such voters voting thereon at either of said elections, shall take effect as here- inbefore provide.
SECTION 49. REVOCATION OF ACCEPTANCE. At any time after the expiration of three years from the date on which this act is accepted, and not less than sixty days before the date of an annual meeting, a petition, signed by not less than twenty per cent of the reg- istered voters of the town, may be filed with the selectmen, requesting that the question of revoking the aceptance of this act be submitted to the voters. Thereupon the selectmen shall cause the question of revoca- tion of the acceptance to be placed on the ballot at the next annual elec- tion. At said election the vote shall be taken in answer to the following question which shall be printed on the official ballot: "Shall the accep- tance by the town of Arlington of an act passed by the General Court in the year nineteen hundred and fifty-one, entitled 'An act establishing a Town Manager form of Government for the Town of Arlington' be re- voked?" If such revocation is favored by a majority of the voters voting thereon by ballot, the acceptance of this act shall be revoked and this act shall become null and void beginning with the annual town meeting next following such vote, which meeting shall be held at such time, in con- formity with general law, as may be determined by vote of the town; provided, that all town officers holding office under this act shall continue
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to hold office until their successors have been duly qualified. At the first annual town election following such vote of revocation the registered voters of the town shall elect by ballot all elective officers and boards whose election to office was required prior to the acceptance of this act and the terms of office shall be so arranged that there shall be elected annually thereafter such officers as were elected annually prior to the acceptance of this act. It shall be the duty of the selectmen and the town clerk in office and any other town official upon whom by reason of his office a duty revolves when this act is revoked, to comply with all the re- quirements of this section relating to elections, to the end that all things may be done necessary for the nomination and election of the officers required to be elected following the revocation of this act. The said re- vocation shall not affect any contract then existing or any action at law or any suit in equity or any other proceedings then pending, with the exception of any contract made by the town with the town manager then in office, whose office shall be abolished immediately upon such vote, but who shall receive three months' compensation from such date follow- ing such revocation. The board of selectmen shall be charged with all the powers and duties of the town manager which duties and responsi- bilities may discharge by themselves or by a temporary town manager appointed by them. Any special laws relative to said town which are repealed by this act shall be revived by such revocation. Any by-law in force when said revocation takes effect, so far as consistent with the general laws respecting town government and town officers and with said special laws, shall not be affected thereby.
SECTION 50. The provision of this act are severable, and if any of its provisions shall be held invalid, such invalidity shall not affect or impair any of the remaining provisions.
(Inserted at the request of the Committee on Town Manager Form of Government)
Article 62. To see if the Town will make an appropriation of a sum of money to be expended under the direction of the Board of Se- lectmen for the purpose of providing suitable headquarters for the Lt. Stanley G. Benner Detachment, Marine Corps League of Arlington, determine in what manner the money shall be raised and expended or take any action relating thereto.
(Inserted at the request of more than ten (10) registered voters)
Article 63. To see if the Town will authorize taking a sum of money voted for the appropriations heretofore made at this Town Meeting under this Warrant, and not voted to be borrowed, from any available funds in the treasury and will authorize the Assessors to use free cash in the treasury in any available funds to that amount in the determina- tion of the 1951 tax rate.
And you will notify and warn the voters of the Town of Arlington to meet at the times and places herein specified by leaving at every dwelling house in the Town a printed copy of this Warrant, and also by posting a copy of the same at the doors of the Town Hall, and in a con- spicuous place in each of the fourteen precincts of the Town, seven days at least before the day of said meeting for the election of officers.
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Hereof, fail not, and make due return of the Warrant, with your doings thereon, to the Town Clerk before the day of said meeting.
Given under our hands, at said Arlington, this twenty-second day of January, in the year of our Lord one thousand nine hundred and fifty- one.
JOSEPH A. PURCELL .. Board of Selectmen MARCUS L. SORENSEN of the
EDMUND L. FROST Town of Arlington
A true copy.
Attest :
FRANK K. NICKSAY
Constable, Town of Arlington.
CONSTABLE'S RETURN
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
Arlington, March 1, 1951
By virtue of this warrant I have notified and warned the legal voters of the Town of Arlington to meet at the times and places and for the purposes herein specified by causing a printed attested copy of said warrant to be left at every dwelling house in the town pre- vious to the day of the meeting for the election of officers and by posting an attested copy of said warrant at the doors of the Town Hall and in two or more conspicuous places in each of the fourteen precinicts of the Town, seven days at least before the day of said meeting. A notice of the times, places and objects of the meetings was published in the local papers.
FRANK K. NICKSAY
Constable of the Town of Arlington, Massachusetts
ANNUAL TOWN ELECTION, MARCH 5, 1951
In pursuance of the foregoing warrant, the inhabitants of the Town of Arlington, qualified to vote in elections, met in their respective polling places in said Town on Monday, March 5, 1951, at seven o'clock in the forenoon.
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