Proposed Charter for the Town of
ARTICLE 1
INCORPORATION;
SHORT TITLE; DEFINITIONS
SECTION 1‑1: INCORPORATION
The inhabitants of the Town of
SECTION 1‑2: SHORT TITLE
This instrument shall be known and may be cited as the Amherst Home Rule Charter, 2003.
SECTION 1‑3: DIVISION OF
POWERS
The administration of the fiscal,
prudential and municipal affairs of
SECTION 1‑4: POWERS OF THE
TOWN
Subject only to express limitations on the exercise of any power or function by a municipal government in the constitution or in the general laws of the Commonwealth, it is the intention and the purpose of the voters of Amherst through the adoption of this charter to secure for themselves and for their government all of the powers it is possible to secure as fully and as completely as though each such power were specifically and individually enumerated herein.
SECTION 1‑5: CONSTRUCTION
The powers of the Town of
SECTION 1‑6:
INTERGOVERNMENTAL RELATIONS
Subject only to express limitations in the constitution or general laws of the Commonwealth, Amherst may exercise any of its powers or perform any of its functions, and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the Commonwealth or any agency or political sub‑division thereof, or with the United States government or any agency thereof.
SECTION 1‑7: ETHICAL
STANDARDS
Elected and appointed officers
and employees of the Town of
SECTION 1‑8: REPRESENTATION
AND DIVERSITY
The voters of
SECTION 1‑9: DEFINITIONS
Unless another meaning is clearly apparent from the manner in which the word or phrase is used, the following words and phrases as used in this charter shall have the following meanings:
(a) Active Voters – the words “active voters” shall mean the voters whose names are contained in the annual register of voters prepared by the registrars of voters in accordance with the provisions of section thirty-seven of chapter fifty-one and not including the voters who are listed in the inactive list as provided in section thirty-seven A of chapter fifty-one.
(b) Charter ‑ The word "charter" shall mean this charter and includes any amendment to it hereafter adopted.
(c) Emergency ‑ The word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence or condition which necessitates immediate action or response.
(d) Full Council, Full Multiple Member Body ‑ The words "full council" or "full multiple member body" shall mean the entire authorized complement of the town council, school committee or other multiple member body notwithstanding any vacancy which might exist.
(e) general laws ‑ The words "general laws" (all lower case letters) shall mean laws enacted by the state legislature which apply alike to all cities and towns, to all cities, or to a class of two or more cities, or cities and towns of which Amherst is a member.
(f) General Laws ‑ The words "General Laws" (initial letter of each word in upper case letters) shall mean the General Laws of the Commonwealth of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted.
(g) Initiative Measure ‑ The words "initiative measure" shall mean a measure proposed by voters through the initiative process provided under this charter.
(h) Local Newspaper ‑ The words "local newspaper" shall
mean a newspaper of general circulation within
(i) Majority Vote ‑ The words "majority vote" when used in connection with a meeting of a multiple member body shall mean a majority of those present and voting, unless another provision is made by ordinance, by law, or by its own rules.
(j) Measure ‑ The word "measure" shall mean any ordinance, order, resolution, or other vote or proceeding adopted, or which the town council might adopt.
(k) Multiple Member Body ‑ The words "multiple member body" shall mean any board, commission, committee, sub‑committee or other body consisting of two or more persons whether elected, appointed or otherwise constituted, but not including the town council, school committee, or library trustees.
(l) Organization or Reorganization Plan ‑The words "organization or reorganization plan" shall mean a plan submitted by the town manager which proposes a change in the organization of the administrative structure of the town government, or to change the way in which a municipal service, or services, are delivered. Such plan may be complex and consist of many parts, or it may be simple and brief.
(m) Quorum ‑ The word "quorum" shall mean a majority of all members of a multiple member body unless some other number is required by law or by ordinance.
(n) Referendum Measure ‑ The words "referendum measure" shall mean a measure adopted by the town council that is protested by voters under the referendum procedures of this charter.
(o) Town ‑ The word "town" shall mean the town of Amherst.
(p) Town Agency ‑ The words "town agency" shall mean any multiple member body, any department, division, or office of the town of Amherst.
(q) Town Bulletin Boards ‑ The words "town bulletin boards" shall mean the bulletin board in the town hall on which the town clerk posts official notices of meetings and upon which other official town notices are posted, and the bulletin boards at any other locations as may be designated town bulletin boards by the town council.
(r) Voters ‑ The word "voters" shall mean registered voters of the town of Amherst.
LEGISLATIVE
BRANCH
SECTION 2‑1: COMPOSITION,
TERM OF OFFICE
(a) Composition ‑ There shall be a town council consisting of nine members which shall exercise the legislative powers of the town. Four of these members, to be known as councilors-at-large, shall be nominated and elected by and from the voters at large. Five of these members, to be known as district councilors, shall be nominated and elected by and from the voters of the five districts into which the town is divided, as provided in section 8-3.
(b) Term of Office - The term of office for councilors-at-large shall be for four years. At each biennial town election two councilors-at-large shall be elected to serve for a term of four years. The term of office for all district councilors shall be for four years. At alternate biennial town elections the district councilors from odd numbered and from even numbered districts shall be chosen.
The terms of office of town councilors shall begin on the first business day of January in the year following their election, and shall expire when their successors have been qualified.
(c) Eligibility ‑ Any voter shall be eligible to hold the office of councilor-at-large. A district councilor shall at the time of election be a voter of the district from which elected, provided, however, if any district councilor shall during the term of office remove to another district in the town such office shall be deemed vacant and the balance of the unexpired term, if any, shall be filled in the manner provided in section 2‑11. If a councilor-at-large or a district councilor removes from the town during the term for which elected such office shall immediately be deemed vacant and filled in the manner provided in section 2-11.
SECTION 2‑2: COUNCIL PRESIDENT
(a) Election and Term ‑ As soon as practicable after the councilors-elect have been qualified following each biennial election, as provided in section 9‑8, the members of the town council shall elect from among its members a council president who shall serve until a successor is chosen following the next biennial town election.
(b) Powers and Duties ‑ The council president shall during the absence or disability of the mayor preside at all meetings of the town council, regulate its proceedings and shall decide all questions of order. The council president shall appoint all members of all committees of the town council, whether special or standing. The council president shall have the same powers to vote upon all measures coming before the town council as any other member of the town council. The council president shall perform such other duties consistent with the office as may be provided by charter, by ordinance or by other vote of the town council.
(c) Council Vice President ‑
The members of the town council shall also elect
from among its members a council vice-president who shall serve as acting
president during the temporary absence or disability of the council president
until a successor is chosen following the next biennial town election. The
powers of an acting council president shall be limited to only those powers of
the office indispensably essential to the performance of the duties of the
office during the period of such temporary absence or disability and no others.
SECTION 2-3: PROHIBITIONS
(a) Holding Other Office or Position - No member of the town council shall hold any
other town office, position or employment. No former member of the town council
shall hold any compensated appointed office, position or employment for which a
salary or other emolument is payable from the town treasury until two years
following the date on which such former member’s service on the town council
has terminated. This provision shall not prevent a person holding an office,
position or other employment under the town, who has resigned such office or
employment or taken a leave of absence in order to serve as a member of the
town council from returning to the same office or other position, or town
employment held at the time such leave of absence commenced; provided, however,
no such person shall be eligible for any other municipal position until at
least two years following the termination of service as a member of the town
council.
(b) Interference with Administration – Neither the town council nor any of its
members shall direct or request the appointment or employment of any person, or
the removal of any person, or in any manner
attempt to participate in the appointment or removal of persons in that
part of the administrative service of the town for which the town manager is
responsible. Except for the purpose of inquiries and investigations pursuant to
section 2-7, the town council and its members shall deal with the officers and
employees serving under the town manager, solely through the town manager, and
neither the town council nor any member of the town council shall give orders
or directions to any such officer or employee, either publicly or privately.
Violations of this section shall be punished in the manner and to the
extent as is provided for such conduct under sections ninety-two and one
hundred and seven of chapter forty-three of the General Laws.
SECTION 2-4: COMPENSATION,
EXPENSES
(a) Salary ‑ The members of the town council shall receive such salary for their services as may from time to time be set by ordinance. No ordinance increasing the salary of town councilors shall be effective unless it shall have been adopted on or before the last day of June in the second year following a town election and it provides that such salary is to take effect upon the organization of the town government following the next municipal election. Members of the town council shall not be considered `employees' for the purpose of chapter thirty‑two B of the General Laws.
(b) Expenses ‑ Subject to appropriation and to prior authorization, the council members shall be entitled to reimbursement of their actual and necessary expenses incurred in the performance of their duties.
SECTION 2‑5: GENERAL POWERS (Residuary)
Except as otherwise provided by general law or by this charter, all powers of the town shall be vested in the town council which shall provide for their exercise and for the performance of all duties and obligations imposed upon the town by law.
SECTION 2‑6: EXERCISE OF
POWERS; QUORUM; RULES
(a) Exercise of Powers ‑ Except as otherwise provided by general law or by this charter, the legislative powers of the town council may be exercised in a manner determined by the town council.
(b) Quorum ‑ The presence of five members shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time. Except as otherwise provided by general law or by this charter, the affirmative vote of five members shall be required to adopt any ordinance or appropriation order.
(c) Rules of Procedure ‑ The town council shall from time to time adopt rules regulating its procedures, which shall be in addition to the following:
(i) Regular meetings of the town council shall be held at the time and place fixed by ordinance.
(ii) Special meetings of the town council shall be held at the call of the mayor, at the call of the council president, or, on the call of any four or more members, by written notice delivered in hand or to the place of business or residence of each member and which contains a listing of the items to be acted upon. Except in case of an emergency, of which the mayor shall be judge, such notice shall be delivered at least forty‑eight weekday hours in advance of the time set for such meeting. A copy of the notice to members shall, forthwith, be posted upon the town bulletin boards.
(iii) All sessions of the town council and of every committee or sub‑committee thereof, shall at all times be open to the public and to the press, unless another provision is made by law.
(iv) An accurate account of the proceedings of the town council shall be kept, which shall include a record of each vote taken, and which shall be made available with reasonable promptness following each meeting. If requested by any member any vote shall be taken by a roll call. The minutes of any, so‑called, executive session shall be made available forthwith upon the expiration of the basis on which such executive session was held.
(d) Committees ‑ The town council shall establish such committees as it deems to be necessary or desirable to enable it to study and evaluate the matters which come before the town council. In establishing committees the town council may provide that at least some of the members of at least some of its committees need not be members of the town council.
SECTION 2‑7: ACCESS TO
INFORMATION
(a) In General ‑ The town council may make investigations into the affairs of the town and into the conduct and performance of any town agency and for this purpose may subpoena witnesses, administer oaths and require the production of evidence.
(b) Town Officers, Members of Town Agencies, Employees ‑ The town council may require the town manager or any member of a town agency or town employee who is not responsible to the town manager to appear before it to give such information as the town council may require in relation to the municipal services, functions, powers, or duties which are within the scope of responsibility of such person and within the jurisdiction of the town council.
(c) Mayor and Town Manager ‑ The town council may require the mayor or the town manager to provide specific information to it on any matter within the jurisdiction of the town council and under the supervision of the mayor or the town manager. The town council may require the mayor or the town manager to appear before it, in person, to respond to written questions made available to the mayor or the town manager at the time the request to attend is made to provide specific information on the conduct of any aspect of the business of the town. The town manager may bring to such meeting any assistant, department head or other town officer or employee the town manager may deem necessary to assist in responding to the questions posed by the town council.
(d) Notice ‑ The town council shall give not fewer than five days notice to any person it may require to appear before it under the provisions of this section. The notice shall include specific questions on which the town council seeks information and no person called to appear before the town council under this section shall be required to respond to any question not relevant or related to those presented in advance and in writing. Notice shall be by delivery in hand, or by registered or certified mail to the last known place of residence of any such person.
SECTION 2‑8: OFFICERS
ELECTED BY TOWN COUNCIL
(a) Clerk of the Council ‑ The town council shall elect a clerk of the council to serve for a term of two years and until a successor is chosen and qualified. The clerk of the council shall give notice of its meetings to its members and to the public, keep the journal of its proceedings and perform such other duties as may be provided by ordinance or by other vote of the town council.
(b) Other Council Employees ‑ The town council may employ other persons within the funds available to it to assist it in carrying out its responsibilities. The council may employ attorneys under this section for the purpose of receiving advice and assistance in the preparation and review of legislation, and for no other purpose.
(c) Salaries/Compensation ‑ The officers selected by the town council shall receive such salaries or other compensation as may from time to time be provided for such office, by ordinance.
(d) Removal/Suspension ‑ Any person selected by the town council may be removed or suspended by the town council by the use of procedures substantially the same as those contained in the personnel ordinance for the removal or suspension of other town employees.
SECTION 2‑9: ORDINANCES AND
OTHER MEASURES
(a) Emergency Ordinances ‑ No ordinance shall be passed finally on the date it is introduced, except in case of emergency involving the health or safety of the people or their property.
No ordinance shall be regarded as an emergency ordinance unless the emergency is defined and declared in a preamble to such ordinance, separately voted upon and receiving the affirmative vote of seven or more members of the town council.
Emergency ordinances shall stand repealed on the sixty‑first day following their adoption, unless an earlier date is specified in the measure, or unless a second emergency measure adopted in conformity with this section is passed extending it, or unless a measure passed in conformity with the procedures for measures generally has been passed extending it.
(b) Measures, In General ‑ The town council may pass a measure through all of its stages at any
one meeting, except proposed ordinances, appropriation orders and loan authorizations,
provided that no member of the town council shall object; but, if a single
member objects, a vote on the measure shall be postponed to the next meeting of
the town council.
On the first occasion that the question of adopting any measure is put to
the town council, except an emergency measure as defined in section 2-9(a), if
a single member objects to the taking of a vote, the vote shall be postponed
until the next meeting of the town council, regular or special. This procedure
shall not be used more than once for any measure notwithstanding any amendments
made to the original measure.
(c) Publication -
Every proposed ordinance, appropriation order or loan authorization, except
emergency ordinances as provided in section 2-9(a), shall be published once in
full in a local newspaper, and in any additional manner as may be provided by
ordinance, at least seven days before its final passage. After final passage it
shall be posted on the town bulletin board and otherwise published as may be
required by ordinance. Provided, however, that whenever a proposed ordinance or
codification of ordinances or other measure would exceed in length more than
ten column inches of ordinary newspaper notice print, then in lieu of
publication in a local newspaper, the same may be published and made available
at the office of the town clerk, and if so published and made available at
least ten days before its final passage this shall be deemed sufficient notice.
Whenever the town council provides for publication in this manner, in lieu of
the newspaper publication, it shall, at least seven days before final passage
publish in a local newspaper a general summary of the proposed ordinance,
appropriation order or loan authorization, and a notice stating the times and
places at which copies of the proposed ordinance, appropriation order or loan
authorization may be obtained by the public.
SECTION 2-10: COUNCIL REVIEW OF CERTAIN
APPOINTMENTS
(a) Policy-Making Multiple Member Bodies - The mayor shall submit to the town council the name of each person the mayor desires to appoint as a member of one of the policy making multiple‑member bodies which are enumerated in section 3-3. The town council shall investigate each such candidate for appointment and may require any person whose name has been referred to it to appear before the town council, or a committee thereof, to give such information relevant to such appointment as the committee, or the town council, may require.
Appointments made by the mayor to the policy making multiple member bodies enumerated in section 3-3 shall become effective if approved by a vote of five or more members of the town council.
(b) Non-Policy-Making (Advisory) Multiple Member Bodies - The mayor shall submit to the town council the name of each person the mayor desires to appoint as a member of any advisory multiple‑member body which the mayor is authorized to appoint. The town council shall investigate each such candidate for appointment and may require any person whose name has been referred to it to appear before the town council, or a committee thereof, to give such information relevant to such appointment as the committee, or the town council, may require.
Appointments made by the mayor to advisory multiple member bodies shall
become effective on the thirtieth day following the date on which notice of the
proposed appointment was filed with the clerk of the council, unless six
members of the town council shall within the said thirty days vote to reject
such appointment, or unless the town council has sooner voted to affirm the
appointment. Rejection by the town council shall require a two-thirds vote of
the full council (six members so voting). The question on rejection of any
appointment made by the mayor shall not be subject to the procedure of charter
objection provided in section 2-9 (b) of this charter.
SECTION 2-11: FILLING OF VACANCIES
(a) Councilor-at-Large
- If a vacancy shall occur in the office of councilor-at-large during the first
twenty months of the term for which councilors are elected the vacancy shall be
filled in descending order of votes received by the candidate for the office of
councilor-at-large at the preceding town election who received the largest
number of votes without being elected, provided such person remains eligible and
willing to serve and provided such person received votes at least equal to
thirty percent of the vote total received by the person receiving the largest
number of votes for the office of councilor-at-large at the said election. The
town clerk shall certify such candidate to the office of councilor-at-large to
serve until the next biennial town election at which time a candidate shall be
elected who shall serve for the balance of the then unexpired term.
If a vacancy shall occur in the office of councilor-at-large after the
twentieth month of the term for which councilors are elected the vacancy shall
be filled in descending order of votes received by the candidate for the office
of councilor-at-large at the town election held in the twenty-third month of the
term who received the largest number of votes without being elected, provided
such person remains eligible and willing to serve and provided such person
received votes at least equal to thirty percent of the vote total received by
the person receiving the largest number of votes for the office of
councilor-at-large at the said election. The town clerk shall certify such
candidate to the office of councilor-at-large to serve for the balance of the
then unexpired term.
If a vacancy shall occur in the office of councilor-at-large during the
last six months of the term for which councilors-at-large are elected, such
vacancy shall be filled by the person at the biennial town election who
receives the highest number of votes for the office of councilor-at-large and
who is not then serving as a member of the town council. Such person shall
forthwith be certified and shall serve for the last two months of the
concluding term in addition to the term for which such person was elected.
(b) District Councilor - If
a vacancy shall occur in the office of district councilor it shall be filled in
the same manner as provided in section 2-11(a) for the office of
councilor-at-large except that the list shall be of the candidates for the
office of district councilor in the district in which the vacancy occurs,
provided however, if there be no candidate on such list who remains eligible
and willing to serve the next highest ranking candidate from among the
candidates for election to the council at large who is a resident of the
district in which the vacancy exists shall be certified and shall serve until
the next regular election provided such candidate remains a resident of the
district, is willing to serve as a district councilor and received votes in the
district at least equal to thirty percent of the vote total received by the
person receiving the largest number of votes for the office of district
councilor at the said election. The town clerk shall certify such candidate to
the office of district councilor to serve for the balance of the then unexpired
term.
(c) Filling of Vacancies By Town Council and School Committee - Whenever a vacancy shall occur in the office of
town councilor and there is no available candidate to fill such vacancy in the
manner provided in section 2-11 (a) or (b) the vacancy shall be filled by a
majority vote of a joint convention of the remaining members of the town
council and the members of the school committee. Persons elected to fill a
vacancy by a joint convention of the town council and the school committee
shall serve only until the next regular election at which time the vacancy
shall be filled by the person at the biennial town election who receives the
highest number of votes for the office and who is not then serving as a member
of the town council, provided, however, that if the person chosen by convention
to fill the vacancy is elected at such election such person shall continue to
serve for the balance of the term. Such candidate shall forthwith be sworn and
shall serve for the remainder of the unexpired term in addition to the term for
which elected. Persons serving as town councilors or school committee members
under this section shall not be entitled to have the words "candidate for
re-election" printed against their names on the election ballot.
(a) Mayor, Qualifications -- The chief executive officer of the town shall be a mayor, elected by and from the voters of the town at large. Any voter shall be eligible to hold the office of mayor.
(b) Term of Office - The term of office of the mayor shall be two years beginning on the first business day of January following the biennial town election at which chosen and until a successor is qualified.
(c) Compensation - The town council shall, by ordinance, establish an annual salary for the mayor. No ordinance altering the salary of the mayor shall be effective unless it shall have been adopted on or before the last day in June in the year in which municipal elections are held and it provides that such salary is to become effective in January of the year following the next biennial town election.
(d) Expenses - Subject to appropriation, the mayor shall be entitled to reimbursement of the actual and necessary expenses incurred in the performance of the duties of the office.
(e) Prohibitions - The mayor shall hold no other town office or town employment. No former mayor shall hold any compensated appointed town office or town employment until two years following the date on which such former mayor’s town service has terminated. This provision shall not prevent a person holding an office, position or other employment under the town, who has resigned such office or employment or taken a leave of absence in order to serve as mayor from returning to the same office or other position, or town employment held at the time such leave of absence commenced; provided, however, no such person shall be eligible for any other municipal position until at least two years following the termination of service as mayor.
The executive powers of the town shall be vested in the mayor. The mayor shall cause the charter, the laws, the ordinances and other orders for the government of the town to be enforced, and shall cause a record of all official acts of the executive branch of the town government to be kept.
The mayor shall exercise a general supervision over the policy direction of all town agencies, unless otherwise provided by law, by the charter or by ordinance, but the mayor shall have no direct administrative duties or responsibilities. It is expressly recognized that the direction of the administration of all town agencies is the sole responsibility of the town manager. To assist the mayor in policy formulation and implementation the town manager shall furnish to the mayor, forthwith upon request, any information, materials or otherwise as the mayor may request and as the needs of the office of mayor and the interest of the town may require.
The mayor shall, when present, preside at the meetings of the town council, regulate its proceedings and decide all questions of order, provided, however, the mayor shall not preside, regulate the proceedings and decide questions of order on any occasion when the town council is considering what action it will take in connection with any appointment submitted by the mayor, or when the town council is considering what action it will take in connection with a veto message submitted by the mayor. The Mayor shall set the council agenda.
The mayor shall, by virtue of the office, be a member of the school committee and a member of the board of trustees of the town library and shall be entitled, when present, to speak and to otherwise participate in the meeting of either body, but shall have no right to vote on any matter coming before either body.
The town manager shall ensure that the mayor is kept fully informed of and fully involved in the town’s emergency preparedness planning and preparation. In time of public danger or emergency, as determined by the town council, the mayor may, with its consent, temporarily exercise the town council’s supervisory powers over the town manager, but such delegation shall not exceed seven days unless the town council shall vote to extend such temporary powers not to exceed another seven days. The town council may extend the period of delegation by successive extensions of not more than seven days each.
The mayor shall be recognized as the official head of the town for all ceremonial purposes and shall be recognized by the courts for the purpose of serving civil process and by the governor for military purposes.
The mayor shall represent the town in its relations with other units of government.
The mayor shall present an annual state of the town message to the town council setting out proposed policies to be adopted by the town council which, in the opinion of the mayor, address the problems and opportunities of the town.
The mayor shall, from time to time throughout the year, by written communications, recommend to the town council for its consideration such measures as, in the judgment of the mayor, the needs of the town require.
The mayor shall be responsible for coordinating the town manager, the trustees of the public library and the school committee in the budget making process, and for the presentation of an annual operating budget message to the town council which makes specific recommendations to the town council for its consideration in adopting the annual operating budget, as provided in article 6.
The mayor shall be the primary interface between the elected officers of the town and the administrative service of the town and shall by close and frequent consultation with the town manager provide input and reaction from the elected officers to the appointed administrators and from the appointed administrators to the elected officers.
The mayor shall appoint,
subject to the approval of such appointments by the town council as provided in
section 2-10, members of the planning board, conservation commission,
historical commission, board of appeals (under the zoning ordinance), licensing
board and board of health.
(a) Communications to the Town Council - Within twelve weeks following the start of each fiscal year the mayor, working in conjunction with the town manager, shall submit to the town council, and make available for public distribution, a complete report on the financial and administrative activities of the town for the preceding fiscal year.
(b) Special Meetings of the Town Council - The mayor may at any time call a special meeting of the town council, for any purpose, by causing a notice of such meeting to be delivered in hand or to the place of business or residence of each member of the town council. Such notice shall, except in an emergency of which the mayor shall be the sole judge, be delivered at least forty-eight weekday hours in advance of the time set and shall specify the purpose or purposes for which the meeting is to be held. A copy of each such notice shall, forthwith, be posted on the town bulletin board.
Every order, ordinance, resolution or vote adopted or passed by the town council relative to the affairs of the town, except memorial resolutions, the selection of town officers by the town council, the council’s evaluation of the town manager, and any matters relating to the internal affairs of the town council, shall be presented to the mayor for approval. If the mayor approves of the measure the mayor shall sign it; if the mayor disapproves of the measure, the mayor shall return the measure, with the specific reason or reasons for such disapproval attached thereto, in writing, to the town council. The mayor may disapprove or reduce items or parts of items and thus exercise a selective veto power. The town council shall enter the objections of the mayor on its records, and not sooner than ten days, nor after thirty days from the date of its return to the town council, shall again consider the same measure. If the town council, notwithstanding such disapproval by the mayor, shall again pass the order, ordinance, resolution or vote by a two-thirds vote of the full council, (at least six members so voting) it shall then be deemed in force, notwithstanding the failure of the mayor to approve the same. If the mayor has neither signed a measure nor returned it to the town council within ten days following the date it was presented to the mayor, the measure shall be deemed approved and in force.
(a) Acting Mayor - Whenever, by reason of sickness, absence from the town or other cause, the mayor shall be unable to perform the duties of the office for a period of more than ten successive working days or more, the president of the town council shall be the acting mayor. In the event of the absence or disability of the president of the town council, the vice-president of the town council shall serve as acting mayor.
The mayor shall, by a letter filed with the town council and a copy filed with the town clerk, designate a qualified elected or appointed town official to serve as acting mayor during the temporary absence of the mayor for periods of ten days or less and to serve only when the needs of the town require and only to the extent necessary under the then circumstances. Neither the town manager nor any employee responsible to the town manager may serve as acting mayor.
(b) Powers of Acting Mayor - The acting mayor shall have only those powers of the mayor as are indispensably essential to the conduct of the business of the town in an orderly and efficient manner and on which action may not be delayed. The acting mayor shall have no authority to make any permanent appointment or removal from town service unless the disability of the mayor shall extend beyond sixty days nor shall an acting mayor approve or disapprove of any measure adopted by the town council unless the time within which the mayor must act would expire before the return of the mayor. During any period in which any member of the town council is serving as acting mayor, such councilor shall not vote as a member of the town council.
The mayor may authorize the town manager or any officer or employee of the town not responsible to the town manager to exercise any power or perform any function or any duty which is assigned by this charter, or otherwise, to the mayor and the mayor may rescind or revoke any such authorizations previously made, provided, however, that all acts performed under any such delegation of authority during such period of authorization shall be and remain the acts of the mayor. Nothing in this section shall be construed to authorize a mayor to delegate the power of appointment to town office or employment or to sign or return measures approved by the town council.
(a) Special Election - If a vacancy in the office of mayor occurs during the first year of the term for which the mayor is elected, whether by reason of death, resignation, removal from office, incapacity or otherwise the town council shall forthwith order a special election, to be held within ninety days following the date the vacancy is created, to fill such vacancy for the balance of the then expired term.
(b) Council Election - If a vacancy in the office of mayor occurs in the second year of the term for which the mayor is elected, whether by reason of death, resignation, removal from office, or otherwise, the president of the town council shall become the mayor. Upon the qualification of the president of the town council as the mayor, under this section, a vacancy shall exist in that council seat on the town council which shall be filled in the manner provided in section 2-11. If the council president shall for any reason decline to serve as acting mayor the town council shall, forthwith, by majority vote, select a mayor from among its members.
(c) Powers, Term of Office - The mayor elected under Section 3-8(a) or (b) shall have all the powers of the mayor. A person elected pursuant to subsection (a), above, shall serve for the balance of the term unexpired at the time of election to the office. A person chosen pursuant to subsection (b), above, shall serve until the time of the next regular election at which time the person elected to fill the office for the ensuing term of office shall serve, in addition, for the balance of the then unexpired term.
SECTION 4-1: APPOINTMENT; QUALIFICATION; TERM
The town council shall appoint a town manager to serve for an indefinite term and shall fix the compensation for such person, annually, within the amount appropriated by the town council. The appointment of the town manager shall be made by a vote of five or more members of the town council to confirm the nomination of a town manager made by the mayor. The town manager shall be a person especially fitted by education, training and previous experience in public administration to perform the duties of the office. The town manager shall be appointed solely on the basis of demonstrated executive and administrative qualifications without regard to political affiliation and in accordance with state and federal anti-discrimination laws and regulations.
A town manager need not be a resident of the town or of the commonwealth at the time of appointment, but, unless the town council shall, by a majority of its members vote to extend such time or waive such requirement, a residence in Amherst must be established within six months following the date of appointment; failure to establish such residence shall be deemed to be a resignation from the office of town manager.
The town manager shall not have served as the mayor or as a member of the town council for at least twelve months prior to appointment. The town council may from time to time establish, by ordinance, such additional qualifications as seem necessary and appropriate.
The town manager shall devote full time to the office and shall not hold any other public office, elective or appointive, nor actively engage in any other business or occupation during such service, unless such action is approved in advance and in writing by the mayor and the town council. This restriction does not exclude the town manager's participation in related professional organizations.
The mayor shall initiate and lead the town council in an annual review of the job performance of the town manager for the purpose of assessing the strengths and weaknesses of the town manager's performance. The review shall be based on a written list of performance criteria developed by the mayor and the town council. Copies of the criteria, with an invitation to submit written comments, shall be available to the public at the office of the mayor and at the town council’s office. The mayor shall submit an evaluation statement to the council. After due consideration the town council shall adopt a written report of its evaluation. The report shall be placed in the town manager's personnel file and a written summary shall be released to the public.
SECTION 4-2: POWERS AND DUTIES
The town manager shall be the chief administrative officer of the town, directly responsible to the mayor and town council for the administration of all town affairs for which the office of town manager is given responsibility by or under this charter. The powers and duties of the town manager shall include the following:
(a) To supervise, direct and be responsible for the efficient administration of all functions and activities for which the office of town manager is given authority, responsibility or control by this charter, by ordinance, by vote of the town council, or otherwise.
(b) To appoint, and in appropriate circumstances to remove, subject to the provisions of the civil service law and of any collective bargaining agreements as may be applicable, all department heads, officers, members of boards and commissions and employees for whom no other method of selection is provided by this charter or by ordinance, except employees of the school department and town library. All appointments and removal of personnel shall be subject to the provisions of state and federal anti-discrimination laws, collective bargaining agreements, the limitations of existing appropriations and the town's personnel policies. Notice of all appointments made by the town manager shall be filed with the town council, and copies of the notices of all such appointments shall be posted on the town bulletin board when submitted to the town council.
(c) To be entrusted with the administration of a town personnel system, including, but not limited to, personnel policies and practices, rules and regulations, including provisions for an annual employee performance review and collective bargaining agreements entered into by the town. The town manager shall also prepare and keep current a plan establishing the job classification and staffing requirements for each town agency, except the school department.
(d) To attend all regular and special meetings of the town council, unless unavailable for reasonable cause, and to have a voice, but no vote, in all of its proceedings.
(e) To assure that full and complete records of the financial and administrative activities of the town are kept and to render as often as may be required by the town council, but not less than once in each year, a full report of all town administrative operations during the period reported on, which report shall be made available to the public.
(f) To keep the town council fully advised as to the needs of the town and to recommend to the mayor and to the town council and to other town officers and agencies for adoption such measures requiring action by them or by the town council as the town manager may consider to be necessary or expedient.
(g) To have full jurisdiction over the use of all town facilities and property except property under the control of the school committee or the board of library trustees. The town manager shall be responsible for the preparation of plans and the supervision of work on existing buildings or on the construction of new buildings other than school buildings and buildings under the control of the library trustees. The town manager may maintain and repair school buildings if and to the extent that the school committee requests, and the town manager may maintain and repair buildings under the control of the library trustees if and to the extent that they so request.
(h) To assist in the preparation, in the manner provided in Article 6, of an annual operating budget for the town and a proposed capital outlay program for the five fiscal years next ensuing.
(i) To assure that a full and complete inventory of all property of the town, both real and personal, is kept, including all property under the jurisdiction of the school committee and the library trustees.
(j) To negotiate, or cause to be negotiated, all contracts involving any subject within the jurisdiction of the office of town manager. All such contracts shall be subject to funding by the town council.
(k) To be the chief procurement officer for the town, as provided in chapter thirty B of the General Laws, responsible for the procurement of all supplies, material and equipment for all departments and activities of the town except the schools and the town library unless, and to the extent that, the school committee or the trustees of the town library may request by signed requisition.
(l) To see that all of the provisions of the general laws, of this charter, town ordinances and other votes of the town council, and votes of the town council which require enforcement by the town manager or officers subject to the direction and supervision of the town manager are faithfully executed, performed or otherwise carried out.
(m) To inquire, at any time, into the conduct of office or performance of duties of any officer or employee, department, board, commission or other town agency under the control of the town manager, or any other officer, employee, department, board, commission or other town agency when directed so to do by the town council.
(n) To answer all questions of the town council which relate to matters over which the town manager exercises any supervision.
(o) To coordinate the activities of all town agencies serving under the office of town manager with those under the control of other officers and multiple member bodies elected directly by the voters.
(p) The town manager shall have authority to prosecute, defend and compromise all litigation to which the town is a party and to employ special counsel whenever in the judgment of the town manager, after consultation with the town’s attorney, such employment is deemed to be advisable. The town manager shall keep the mayor and the town council informed of the status of the town's legal affairs and all litigation to which the town is a party.
(q) To perform any other duties as are required to be performed by the town manager by ordinances, administrative code, votes of the town council, or otherwise.
SECTION 4-3: DELEGATION OF AUTHORITY
The town manager may authorize any subordinate officer or employee to exercise any power or perform any function or duty which is assigned to the office of town manager, provided, however, that all acts performed under any such delegation shall at all times be deemed to be the acts of the town manager.
SECTION 4-4: ACTING TOWN MANAGER
(a) Temporary Absence - By letter filed with the town clerk, the town manager shall designate a qualified town administrative officer or employee to exercise the powers and perform the duties of town manager during a temporary absence. During a temporary absence the mayor and the town council may not revoke such designation until at least ten successive working days have elapsed, whereupon the town council may, upon the recommendation of the mayor appoint another qualified town administrative officer or employee to serve until the town manager shall return. If no such letter is on file with the town clerk, or if the person designated in such letter is, for any reason, unable to serve, the mayor, with the approval of the town council shall designate some suitable person to so serve.
(b) Vacancy - Any vacancy in the office of town manager shall be filled as soon as possible, but, pending such regular appointment the mayor shall appoint, subject to the approval of the town council, a qualified town administrative officer or employee to perform the duties of the office on an interim basis. Such temporary appointment may not exceed three months, but, renewals of not more than three months duration may be voted by the town council until a permanent town manager can be hired. Compensation for such person shall be set by the town council.
(c) Powers and Duties - The powers of a temporary or interim town manager, under (a) and (b) above, shall be limited to matters not admitting of delay and shall include authority to make temporary, emergency appointments or designations to town office or employment but shall not include authority to make any permanent appointments or designations.
SECTION 4-5: REMOVAL AND SUSPENSION
The town council may, by a majority vote of the full board, terminate and remove, or suspend, the town manager from office in accordance with the following procedure.
(a) The town council shall adopt a preliminary resolution of removal by the affirmative vote of a majority of all its members which must state the reason or reasons for removal. This preliminary resolution may suspend the town manager for a period not to exceed forty-five days. A copy of the resolution shall be delivered to the town manager forthwith.
(b) Within five days after receipt of the preliminary resolution the town manager may request a public hearing by filing a written request for such hearing with the town council. This hearing shall be held at a meeting of the town council not later than thirty days after the request is filed nor earlier than twenty days. The town manager may file a written statement responding to the reasons stated in the resolution of removal with the town council provided the same is received at its office more than forty-eight hours in advance of the public hearing.
(c) The town council may adopt a final resolution of removal, which may be made effective immediately, by the affirmative vote of a majority of all of its members, not less than ten nor more than twenty-one days following the date of delivery of a copy of the preliminary resolution to the town manager, if the town manager has not requested a public hearing; or, within ten days following the close of the public hearing if the town manager has requested one. Failure to adopt a final resolution of removal within the time periods as provided in this section shall nullify the preliminary resolution of removal and the town manager shall, at the expiration of said time, forthwith resume the duties of the office. The town manager shall continue to receive a salary until the effective date of a final resolution of removal. The action of the town council in suspending or removing the town manager shall be final, subject only to the mayor’s veto under section 3-5, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal solely in the town council.
ARTICLE 5
ADMINISTRATIVE
ORGANIZATION
SECTION 5‑1: ORGANIZATION
OF TOWN AGENCIES
The organization of the town into operating agencies for the provision of services and the administration of the government may be accomplished only through an organization (or reorganization) plan filed by the town manager. No organization plan may originate with the town council.
The town manager may, subject only to express prohibitions in a general law, or this charter, reorganize, consolidate or abolish any town agency, in whole or in part; establish such new town agencies as the town manager deems necessary or desirable, provided, however, that no function assigned by this charter to a particular town agency may be discontinued or assigned to any other town agency unless this charter specifically so provides.
The town manager may from time to time prepare and promulgate plans of organization or reorganization that establish operating divisions for the orderly, efficient or convenient conduct of the business of the town, and when incidental to the reorganization of a department or office may transfer the appropriation from one municipal agency to another.
The town manager shall prepare and keep current, at least in graphic form, a plan of organization showing the various town offices and agencies and the relationship of each office and agency to other offices and agencies.
SECTION 5‑2: MERIT PRINCIPLE
All appointments and promotions of town officers and employees shall be made on the basis of merit and fitness demonstrated by examination, past performance, or by other evidence of competence and suitability.
SECTION 5‑3: LICENSING BOARD
(a) Establishment – There shall be a licensing board which shall have the powers of a licensing board appointed under section four of chapter one hundred and thirty‑eight of the General Laws, the power to issue licenses for inn holders or common victuallers, be the licensing authority for the purposes of chapter one hundred and thirty‑eight and chapter one hundred and forty of the General Laws and which shall have all of the other powers with respect to licenses which prior to the adoption of the home rule charter were exercised by the board of selectmen. The board of license commissioners may grant licenses relating to alcoholic beverages under chapter one hundred and thirty‑eight of the General Laws and those licenses under chapter one hundred and forty of the General Laws which are not, by the provisions of said chapter, placed within the jurisdiction of another municipal officer or agency, and it shall have all the powers and duties of a licensing authority under said chapters.
(b) Composition ‑ The licensing board shall consist of five members appointed by the mayor as provided in section 3-3 and 2-10(a). The terms office shall be for three years each so arranged that as nearly an equal a number of such terms as is possible shall expire each year.
The fiscal year of the town shall begin on the first day of July and shall end on the last day of June, unless another period is required by general law.
Annually, on or before the first day of November, the mayor, in consultation with the town manager, shall prepare and develop long range financial projections that include actual revenues and expenditures for the preceding fiscal year, estimated revenues and expenditures for the current fiscal year, projected revenues and expenditures for at least the next three fiscal years, an identification of each factor which the mayor believes is likely to have an impact on the financial condition of the town during such period, revenue trends in state distributions and in local receipts, potential sources of new or expanded revenues, new or expanded cost items, a summary statement of the fiscal condition of the town at the end of each year during the period reported on and a recommendation for actions to be taken to minimize any adverse affects upon the town and to maximize favorable trends.
Annually, on or before the first day of November, the mayor shall distribute copies of the report described above to the town manager, the school committee, the board of trustees of the town library and the finance commission and shall convene a joint meeting of same to discuss the report.
Revenue and expenditure projections should be clearly stated and their basis explained, along with any policies related to the use, retention or accumulation of any reserves. The report shall provide the basis for the preliminary spending guidelines of the mayor for the ensuing fiscal year.
(a) Composition, Mode of Selection – There shall be a finance commission which shall consist of seven voters appointed by the council president to serve for terms of three years each, so arranged that as nearly an equal a number of terms as is possible shall expire each year, and of the members of the town council committee to which are referred the budget and other financial matters, as such committee shall be constituted from time to time.
(b) Citizens’ Advisory Finance Committee – The seven voters appointed by the town council president shall constitute a citizens’ advisory committee on finance and, as such, shall serve as a resource for the town council in all matters affecting finance. The citizens’ advisory finance committee shall have such additional powers and duties as may be provided by ordinance.
(c) Powers and Duties – The finance commission shall have full and complete access to all information involving all aspects of the budget preparation process as it becomes available, including revenue forecasting, preliminary spending estimates, and the budgets as submitted to the mayor and the town council.
The finance commission shall file a report with the town council, with recommendations concerning the adoption of the annual town budget, with or without amendments, in such detail and at such time as may be provided by ordinance.
(a) Town Manager – Annually, on or before the first day of February, the town manager shall submit to the mayor and to the chair of the school committee and to the chair of the board of library trustees a recommendation in writing of the appropriations for the town government for the ensuing fiscal year, showing specifically the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town, and showing specifically the amount recommended to be provided for each fund and department, together with a statement of the expenditures of the town for the same purpose in at least the two preceding years and an estimate of the expenditures for the current year.
(b) School Committee – Annually, on or before the first day of February, the superintendent of schools shall submit to the mayor and to the chair of the school committee, the chair of the board of library trustees and the town manager a recommendation in writing of the appropriations requested for the operation of the school department for the ensuing fiscal year, showing specifically the amount recommended to be provided for each fund and account, together with a statement of the expenditures of the schools for the same purpose in at least the two preceding years and an estimate of the expenditures for the current year.
(c) Board of Library Trustees – Annually, on or before the first day of February, the library director shall submit to the mayor and to the chair of the board of library trustees, the chair of the school committee and the town manager a recommendation in writing of the appropriations requested for the operation of the library department for the ensuing fiscal year, showing specifically the amount recommended to be provided for each fund and account, together with a statement of the expenditures of the library for the same purpose in at least the two preceding years and an estimate of the expenditures for the current year.
The mayor shall review the spending requests submitted by the town manager, school superintendent and library director and shall make a preliminary determination if sufficient funds are likely to be available to meet the needs as set out in the documents submitted as provided in sections 6-4, 6-12, and all other required or recommended expenditures for the ensuing year. In making such preliminary determination the mayor shall consider the use of resources of all kinds, including but not limited to property taxes, fee revenue, and the use of Free Cash or other reserves. If the mayor shall determine that an insufficient amount of money will be available to meet the spending requests contained in the budget estimates submitted as provided in section 6-4 the mayor shall forthwith advise the town manager, school committee and board of trustees of the public library of the amount of the deficiency, and shall request each to identify changes to the requests that will result in a unified, balanced budget for the town.
The mayor shall be available to meet with any municipal officer or agency that requests to meet for the purpose of advancing the budget making process and no municipal officer and no municipal agency shall refuse or make itself unavailable to meet with the mayor as the mayor seeks to find common ground and to achieve a balanced budget.
(a) Public Hearing - At least seven days before the meeting at which the school committee or the board of library trustees is scheduled to vote on its final budget request, the school committee or the board of library trustees shall cause to be published in a local newspaper a general summary of its proposed budget. The summary shall specifically indicate any major variations from the current budget, and the reasons for such changes. It shall further indicate the times and places at which complete copies of its proposed budget are available for examination by the public, and the date, time and place, not less than seven nor more than fourteen days following such publication, when a public hearing will be held by the school committee or the board of library trustees on the proposed budget. The school committee or the board of library trustees shall not take its final vote on its proposed budget until all persons who desire to be heard concerning the budget proposal have had an opportunity to be heard.
(b) Submission to Mayor - The budgets as adopted by the school committee and by the board of library trustees shall be submitted to the mayor at least twenty-one days before the date the mayor is required to submit a proposed town budget to the town council to allow the mayor sufficient time within which to consider the effect the school department's and library department’s requested appropriations will have upon the total town operating budget the mayor is required to submit to the town council under this article.
On or before the first day in May, the mayor shall submit to the town council a budget message and supporting documents for the ensuing fiscal year. The mayor shall simultaneously provide for the publication in a local newspaper of a notice and a general summary of the budget message. The summary shall specifically indicate any major variations from the current operating budget and the reason for such changes. The notice shall further indicate the times and places at which complete copies of the budget message are available for examination by the public.
The budget message of the mayor shall explain the budget for all town agencies both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the town for the ensuing fiscal year, describe important features of the budget, indicate any major variations from the current fiscal year in financial policies, expenditures and revenues together with the reasons for such changes, summarize the town's debt position and include other material as the mayor deems desirable, or as may be required by the provisions of a town ordinance. The mayor’s budget message shall convey the proposed operating budgets submitted by the town manager, the school committee, and the board of library trustees, and shall include the mayor’s comments and recommendations pertaining to those budget proposals. In the event that these proposals, taken together, exceed the mayor’s estimate of available resources, the budget message shall include specific recommendations of the mayor to assist the town council in bringing the proposed expenditures in the budget into harmony with the anticipated resources. For the purposes of assisting the mayor in the responsibilities assigned to the office of the mayor by these provisions of the charter the town manager shall ensure that all necessary information and assistance under the town manager’s control is provided to the mayor in a timely fashion.
The proposed operating budget shall provide a complete financial plan for all town funds and town activities for the ensuing fiscal year. Except as may otherwise be required by general law, or this charter, it shall be in the form which the mayor deems desirable or as a town ordinance may require. In the presentation of the budget, the mayor shall utilize modern concepts of fiscal presentation so as to furnish an optimum level of information and the best financial control. The budget shall show in detail all estimated income from the proposed property tax levy and from all other sources and all proposed expenditures, including debt service, for the following year. The budget shall be arranged to show the actual and estimated income and expenditures for the two previous, the current and the ensuing fiscal years and shall indicate in separate sections:
(a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by town agency and position in terms of work programs, and the method of financing such expenditures;
(b) Proposed capital expenditures during the ensuing fiscal year, detailed by town agency, and the proposed method of financing each such capital expenditure;
(c) The relationship of each proposed capital expenditure to the capital improvement program required to be submitted under section 6-12 and
(d) A summary of available reserve balances.
(e) A summary of current and long term debt obligations.
(a) Public Hearing - Forthwith upon its receipt of the proposed operating budget the town council shall provide for the publication in a local newspaper of a notice stating the time and place, not less than seven nor more than fourteen days following such publication, at which it will hold a public hearing on the proposed operating budget as submitted.
(b) Review - The town council, or a committee of the town council, shall consider, in open public meetings, the detailed expenditures proposed for each town agency and may confer with representatives of each such agency in connection with its review and consideration. The town council may require the mayor, or any other town agency, to furnish it with such additional information as it may deem necessary to assist it in its review and consideration of the proposed operating budget.
(c) Action by Town Council - The town council shall adopt the budget, with or without amendments, within sixty days following the date the proposed budget was received by it or such other period as may be provided by applicable law. In amending the budget the town council may add or increase programs or amounts and may delete or decrease programs or amounts, except expenditures required by law or for debt service, provided, however, no amendment to the budget shall increase the total of authorized expenditures to an amount greater than the total amount of estimated income from all sources.
(a) Expenditures and Transfers - The town manager may expend funds within the appropriation categories established by the town council consistent with the expressed purposes of those categories. A full accounting of expenditures by category shall be provided to the mayor or to the council upon request. With the approval of the town council, funds appropriated to one category may be transferred to another. Requests to the town council for the transfer of funds from one appropriation category to another shall be made by the mayor, in writing, and shall include a statement setting forth the reason the additional funds are needed in the category to which it is proposed they be transferred and the impact, if any, of the transfer on functions within the category from which the transfer is proposed. A copy of this request shall, forthwith, be posted on the town bulletin board. The town council shall, by its rules, provide a procedure governing such transfer requests that shall include at least two readings and a public hearing by the town council. Such rule shall specify the circumstances under which notice by publication in a newspaper shall be required and circumstances under which simple posting on the town bulletin board shall be sufficient.