USA > Massachusetts > Middlesex County > Reading > Town of Reading Massachusetts annual report 1950 > Part 3
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Article 24. On motion of A. Lloyd David it was voted that the sum of Forty-five Thousand ($45,000.00) Dollars be raised and appropri- ated to establish a Stabilization Fund under the provisions of Section 5B of Chapter 40 of the General Laws.
Article 25. Charles Stratton moved that Charles Stratton, Edward C. Emslie, A. Lloyd David, Lewis E. Pierce and Herbert J. Wooldridge be and they hereby are appointed as a committee with authority to petition the General Court, at its current session if practicable, or otherwise at its next annual session, for an enabling act for a Selectman-Manager Form of Government for the Town of Reading based upon the proposed charter prepared by the Committee appointed at the special Town Meeting held on December 5, 1949 and attached hereto.
An Act Establishing A Selectman-Manager Form Of Government For The Town Of Reading
Be it enacted by the Senate and House of Representatives in General Court assembled, and by authority of the same, as follows:
Section 1. Election of Selectmen. At the first Town Election fol- lowing the acceptance of this act the registered voters of the Town shall elect two selectmen for three years, two selectmen for two years and one selectman for one year. At each annual town election there- after selectmen shall be elected for terms of three years to replace those whose terms are about to expire. When a vacancy occurs among the selectmen for any reason, the remaining selectmen shall have the power to fill the vacancy until the next annual town election, at which time the registered voters shall elect a selectman for the remainder of the term.
Section 2. Election of Town Meeting Members, Moderator and School Committee. The registered voters shall continue to elect town meeting members and a moderator as provided by Chapter 7 of the acts of 1943, as amended. The registered voters shall continue to elect a school committee with all the powers, rights, duties and liabilities now or hereafter conferred or imposed by law upon school committees, except as hereinafter provided.
Section 3. Appointive Powers of the Selectmen. The Selectmen shall appoint and may remove the finance committee, the town account- ant, the commissioners of trust funds, the election officers, the board of appeals and the registrars of voters except the town clerk. The selectmen shall also be empowered to appoint such weighers, surveyors and measurers of goods and commodities as shall be authorized or required by law.
Section 4. 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, except that of town meeting member. Any person appointed by the Town Manager
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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 appoint- ment to any other town office, except that the town accountant shall not be eligible to hold the position of town trasurer or the position of town collector. The town manager, subject to any applicable provision of the General Laws relating thereto, may assume the duties of any office which he is authorized to fill by appointment.
Section 5. Investigations or Surveys. For the purpose of making investigations or surveys, the selectmen may employ such experts, counsel and other assistants and incur such other expenses, not exceed- ing 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 6. Appointment of Town Manager. The Selectmen elected as provided herein shall appoint, as soon as practicable, for a term of three years, a town manager who shall be a person especially fitted by education, training and experience to perform the duties of the office. The town manager shall be appointed without regard to his political beliefs. He need not be a resident of the town or of this Commonwealth when appointed, but shall be a resident of the town during his term of office. No holder of elective office in the town of Reading shall within two years of holding of such office be eligible for appointment as town manager. 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 town clerk, or by a justice of the peace, or by a notary public. He shall execute a bond in favor of the town for the faithful performance of his duties in such sum and with such sureties as may be fixed or approved by the selectmen.
Section 7. Appointment of a Temporary Manager. Any vacancy in the office of town manager shall be filled as soon as possible by the selectmen. Pending the appointment of a town manager or the filling of any vacancy, the selectmen shall appoint a suitable person to perform the duties of the office within seven days.
Section 8. 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. 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 9. Removal of Manager. The selectmen, by a three-fifths vote of the full membership of the board, may remove the town mana- ger. At least thirty days before such proposed removal shall become effective, the selectmen shall file a preliminary written resolution with the town clerk setting forth the specific reasons for his proposed re- moval, a copy of which resolution shall be delivered forthwith to the town manager. The manager may reply in writing to the resolution within seven days of the receipt of same and may request a public hearing. If the manager so requests, the board of selectmen shall hold
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a public hearing not earlier than ten days nor later than twenty days after the filing of such request. After such public hearing, if any, other- wise at the expiration of thirty days following the filing of the prelim- inary resolution, and after full consideration, the selectmen by a three- fifths 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.
Section 10. Compensation of Manager. The town manager shall receive such compensation for his services as the selectmen shall deter- mine but it shall not exceed the amount appropriated therefor by the town.
Section 11. Powers and Duties of the Manager. In addition to speciafic 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 departments, commissions, board and offices, except the board of selectmen, the school committee, commissioners of trust funds, election officers and the registrars of voters. He shall be responsible for the efficient administration of all departments within the scope of his duties.
(b) He may, with the approval of the selectmen, establish, com- bine or discontinue divisions or departments under his supervision and in carrying out such change may transfer the appropriation of a dis- continued division or department.
(c) Except as otherwise provided by this act, the town manager shall appoint upon merit and fitness alone, and, subject to the pro- visions of chapter thirty-one of the General Laws where applicable, may remove, all officers and employees of the town, except employees of the school department, and may, subject to the approval of the school committee, supervise the employment and duties of the school janitors.
(d) Notwithstanding the provisions of section one hundred and eight of chapter forty-one of the General Laws, but subject to all ap- plicable provisions of chapter thirty-one of the General Laws, the town manager shall fix the compensation of all town officers and employees subject to removal by him.
(e) The Town Manager shall attend all regular meetings of the board of Selectmen except meetings at which his removal is being considered.
(f) The town manager shall keep full and complete records of his office, and shall render as often as may be required by the selectmen a full report of all operations during the period reported on.
(g) The town manager shall have jurisdiction over the rental and use of all town property, except schools. He shall be responsible for. the maintenance and repair of all town buildings, including school buildings. He shall be responsible for the preparation of plans for work on existing buildings and on new buildings, except additions to existing, or construction of new, school buildings. He shall be re- sponsible for the supervision of all work on existing buildings and new buildings, including work on schools done in accordance with plans and specifications prepared by the school committee, or by a special school construction committee if created by vote of the town.
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(h) The town manager shall purchase all supplies and materials and equipment, except books for schools, and shall award all contracts for all departments of the town, but he shall make purchases for de- partments not under his supervision only upon requisition duly author- ized by the head of such department.
(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.
(j) The town manager, subject to the approval of the board of selectmen, shall 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 judgment it may be nec- essary.
(k) The town manager shall perform such other duties, consistent with his office, as may be require of him by the by-laws of the town or by vote of the selectmen.
Section 12. Investigations by the Manager. The town manager may without notice cause the affairs of any division or department 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 performance of his duties.
Section 13. Appointment of a Planning Board. The town manager shall appoint a planning board consisting of five suitably qualified members. One of said members 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 the town manager shall appoint for the term of three years a member in place of each member whose term is about to expire. The planning board appointed hereunder shall have all of the powers, perform the duties and be subject to the liabilities and penalties now or hereafter conferred or imposed by law upon the plan- ning board established under authority of chapter 494 of the acts of 1913 as amended. It is the intent of this section to continue the plan- ning board as established immediately prior to the acceptance of this act.
Section 14. Appointment of a Board of Public Works. The town manager shall appoint a board of public works consisting of five suit- ably qualified members. One of said members 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 the town manager shall appoint for a term of three years a member in place of each member whose term is about to expire. The board of public works appointed hereunder shall have all the powers, perform the duties and be subject to the liabilities and penalties now or hereafter conferred or imposed by law upon the several offices performed by virtue of the authority vested by Section 2 of Chapter 118, Acts of 1921, establishing a board of public works for the town of Reading, except as specifically provided herein.
Section 15. Appointment of a Board of Assessors. The town mana- ger shall appoint a board of assessors consisting of three suitably qual- ified members. One of said members shall be appointed for a term of
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one year, one for a term of two years and one for a term of three years; and annually thereafter the town manager shall appoint for the term of three years a member in place of the member whose term is about to expire.
Section 16. Appointment of a Municipal Light Board. The town manager shall appoint a municipal light board consisting of three suitably qualified members. One of said members 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 the town manager shall appoint for a term of three years a member in place of the member whose term is about to expire.
Section 17. Appointment of a Board of Public Welfare. The town manager shall appoint a board of public welfare consisting of three suitably qualified members. One of said members 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 the town manager shall appoint for a term of three years one member in place of the member whose term is about to expire.
Section 18. Appointment of a Board of Library Trustees. The town manager shall appoint a board of trustees for the Reading Public Library consisting of five suitably qualified members. £ One of said members 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 the town manager shall appoint for a term of three years a member in place of each member whose term is about to expire.
Section 19. Appointment of a Board of Cemetery Trustees. The town manager shall appoint a board of cemetery trustees consisting of six suitably qualified members. Two of said members shall be ap- pointed for a term of one year, two for a term of two years and two for a term of three years; and annually thereafter the town manager shall appoint for a term of three years a member in place of each member whose term is about to expire.
Section 20. Appointment of a Board of Health. The town manager shall appoint a board of health consisting of three suitably qualified members. One of said members 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 the town manager shall appoint for a term of three years a member in place of the member whose term is about to expire.
Section 21. Appointment of a Tree Warden. The town manager shall appoint a suitably qualified person to the office of tree warden, who shall also serve as moth superintendent.
Section 22. Appointment of Clerk, Treasurer, Collector and Inspec- tor of Buildings. The town manager shall appoint suitably qualified persons to the offices of town clerk, town treasurer, town collector and inspector of buildings.
Section 23. Relative to Duties of Board and Officers Appointed by. the town manager. All boards and officers appointed by the town manager shall, upon qualification, possess all of the powers and rights and be subject to the liabilities and penalties now or hereafter con- ferred or imposed by law on such boards and officers, except as other- wise herein provided, but in the performance of their duties they shall
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be subject to the general supervision and direction of the town manager. Such boards shall organize for the proper conduct of their respective offices. Each board member and each officer appointed by the town manager shall hold office until his successor has been appointed and qualified, unless his office shall have become vacant by reason of nis resignation or removal.
Section 24. Vacancies to be Filled by Town Manager. Any vacancy in an office or board over which the town manager has power of ap- pointment shall be filled by the town manager. In the case of boards such a vacancy shall be filled for the unexpired term.
Section 25. Termination of Duties of Existing Officers and Boards. Upon election or appointment and qualification of the various officers and boards as provided in the foregoing sections the terms of office of the respective existing elective officers and board members shall cease. Section 26. Oath of Office of Town Officers. All officers and members of boards, commissions or committees, elected or appointed in accordance with the provisions of this act shall be sworn to the faithful performance of their respective duties, in accordance with section twenty-nine of chapter forty-one of the General Laws, by the town clerk or a justice of the peace, or a notary public, except that the town clerk shall be tworn to the faithful performance of his duties by the chairman of the board of selectmen or by a justice of the peace or a notary public.
Section 27. Town Accountant. Except as otherwise provided in this act the town accountant shall have the powers, perform the duties and be subject to the liabilities and penalties now or hereafter conferred or imposed by law on town accountants, but in the performance of his duties he shall be subject to the general supervision and direction of the town manager.
Legal Affairs
Section 28. Appointment of Town Counsel. The town manager shall annually appoint an attorney-at-law to act as town counsel, who shall draft all bonds, deeds, leases, obligations, conveyances and other legal instruments and shall perform such other legal services as may be requested of him, by vote of the town, by the town manager, or any board of town officers. Also, when so requested he shall furnish a written opinion on any question that may be submitted to him, and he shall at all times upon request of the town manager furnish legal advice to any officer of the town who may require his advice upon any subject concerning the duties of such officer. He shall prosecute all suits or other legal proceedings ordered to be brought by the town or by the town manager, and shall appear before the courts of the com- monwealth in defense of all actions or suits brought against the town or its officers in their official capacity, and shall try and argue any and all causes in which the town shall be a party or before any board of referees or commission and shall appear at any and all hearings on behalf of the town whenever his services may be required.
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 pro-
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visions 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 any vacancy in the office of town manager.
Section 30. Receipts paid to Treasury. Every officer shall pay into the treasury of the town all amounts received by him on behalf of the town, and shall make a true return thereof to the town accountant stating the accounts upon which such amounts were received.
Section 31. Fees paid to Treasurer. The aggregate annual com- pensation of each town employee appointed by the manager shall be limited to the amount established in accordance with the provisions of this act and all fees received in accordance with the provisions of any general or special law shall be paid into the treasury of the town.
Section 32. Certain Town Officers not to make Contracts with the Town. It shall be unlawful for any 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 commission, 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 it 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 select- men. Violation of any provision of this section shall render the con- tract in respect to which such violation occurs voidable at the option of the town. Any person violating any provision of this section shall be punished by a fine of not more than one thousand dollars, or by im- prisonment for not more than one year, or by both such fine and imprisonment.
Section 33. Estimates of Expenditures. On or before the first day of December of each year, the town manager shall submit to the select- men 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, to- gether with a statement of the expenditures of the town for the same purposes in the two preceding years and an estimate of the expendi- tures for the current year. He shall also submit a statement showing all revenues received by the town in the two preceding 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 ex- penses and liabilities of the town together with an estimate of the tax
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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 submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the next fiscal year.
Section 34. Annual Budget. The selectmen shall consider the tenta- tive budget submitted by the town manager and make such recommen- dations relative thereto as they deem expedient and proper in the in- terests of the town. On or before the twentieth day of December of each year the selectmen shall transmit a copy of the budget together with their recommendations relative thereto to each members of the finance committee.
Section 35. Finance Committee. A finance committee shall be appointed by the board of selectmen in such manner and with such authority and duties as shall be determined by town by-law not in- consistent with the provisions of this act.
Section 36. Holder of an Elective Office may be Recalled. Any holder of an elective office may be recalled therefrom by the registered voters of the town as herein provided.
Section 37. Recall Petitions, Preparation, Filing. Any fifty regis- tered voters of the town may file with the town clerk an affidavit con- taining 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 petition blanks demanding such recall, printed forms of which she 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 select- men, 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. The recall petition shall be returned and filed with the town clerk within twenty days after the filing of the affidavit, and shall have been signed by at lease 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 forthwith certify thereon the number of signatures which are names of registered voters of the town.
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