Town of Natick
Charter and By-Law Review Committee
13 East Central Street
Natick, MA 01760



Changes Pending, Proposed, and Approved

Revised 1/4/02

 

 

Charter, Article 2, Section 2-5

 

Change approved by Town Meeting; awaiting voter approval on 3/26/02.

 

Amend Article 2 of the Natick Home Rule Charter as follows:

 

1. In Section 2-5, delete the third sentence.

 

2. Add the following sentences at the end of Section 2-5:

 

In case of a tie vote affecting the determination of which candidates are elected or affecting a division into thirds, the town clerk shall conduct a lottery among those tied. Any such lottery shall be conducted at a time and place open to the public.

 

 

Charter, Article 2, Section 2-6 (c)

 

Change approved by Town Meeting; awaiting voter approval on 3/26/02.

 

Amend Article 2 of the Natick Home Rule Charter as follows:

 

In Section 2-6 (c), rewrite the second sentence to read as follows:

 

Each list shall include names of such persons for elections in the present and previous two calendar years, provided, however, that elections in years prior to the last revision of precincts shall not be considered.

 

 

Charter, Article 3, Section 3-1 (d)

 

Warrant article under review.

 

To see if the Town will vote to modify its procedures for conducting preliminary elections so that (1) more candidates may run for an office without thereby requiring a preliminary election; (2) the expense of conducting low-turnout preliminary elections may be avoided; (3) the threshold to trigger a preliminary election for an office is raised to allow two more candidates than is currently the case; and, furthermore, to accomplish such change in procedures by approving an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters, said amendment to be as follows:

 

1. In Section 3-1 (d), reorder and renumber the subsections (5), (6), and (7) so that new subsection (5) is old subsection (7), new subsection (6) is old subsection (5), new subsection (7) is old subsection (6).

 

2. In the new subsection (5), replace the first sentence with the following:

 

After the certified nomination papers of the candidates have been filed with the town clerk, a threshold is calculated for each office to determine whether the preliminary election is necessary.

The threshold is the sum of two plus twice the number of persons to be elected. If the number of candidates for an office does not exceed the threshold, all candidates shall be nominated for the office and their names shall be printed on the ballot for that office at the succeeding regular or special election, as the case may be, and the town clerk shall not print their names on the ballot to be used at the preliminary election, and no other nomination to the office shall be made.

 

 

Charter, Article 3, Section 3-1 (g)

 

Warrant article under review.

 

To see if the Town will vote to add new procedures to advise elected officials who move out of town that they are no longer eligible to hold elective office and therefore they should resign; and, furthermore, to accomplish such change in procedures by approving an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters, said amendment to be as follows:

 

1. In Section 3-1, reorder and renumber the subsections (g) and (h) so that new subsection (g) is as described below, new subsection (h) is old subsection (g), new subsection (i) is old subsection (h).

 

2. New subsection (g) reads as follows:

 

(g)            Vacancies

 

(1)            Resignation - An elected town officer may resign by filing a written resignation with the town clerk in accordance with Section 109 of Chapter 41 of the General Laws.

 

(2)            Removal From Town - An elected town officer who removes from the town and no longer maintains a residence in the town or who becomes a registered voter elsewhere shall resign in accordance with said Section 109. If the town clerk receives a report of such removal from the town or registration elsewhere, the town clerk shall notify the elected town officer in writing of the eligibility requirement for elective town office as specified in Section 3-1 (b) of the Charter and of the resignation requirement as specified in said Section 109.

 

3. In the newly numbered subsection (i), in subsection (7), rewrite the sentence to read as follows:

 

In the case of an officer subjected to a recall election and not recalled thereby, no repeat of the recall petition may be filed until at least six months after the election at which the recall was submitted to the voters.

 

 

Charter, Article 5, Section 5-2

 

Warrant article under review.

 

To see if the Town will vote to approve an amendment to Article 5 of the Natick Home Rule Charter for submittal to the voters in order to support the actual school committee budget process that takes place over a period of several weeks and meetings.

 

1. In Section 5-2 (a), change the words “budget as adopted by the school committee” to read “budget as proposed by the superintendent of schools.”

 

2. Change Section 5-2 (b) in its entirety so that it reads as follows:

 

(b)        Public Hearing - In the notice of any meeting at which the school committee expects to receive testimony regarding its proposed budget for the next fiscal year, the school committee shall include in the notice information about the locations of (1) the complete proposed budget available for public examination and (2) copies of a general summary of the proposed budget available for public distribution. The general summary shall specifically indicate any major variations from the current budget and the reasons for such changes. At all such meetings, in accordance with the provisions of Section 7-9 (b), all interested persons shall be given an opportunity to be heard for or against the whole or any part of the proposed budget.

 

            The provisions of this section are intended to replace the provisions of Section 38N of Chapter 71 of the General Laws calling for publication of a notice in a local newspaper.

 

 

Charter, Article 7, Section 7-6 (b)

 

Change approved by Town Meeting; awaiting voter approval on 3/26/02.

 

Amend Article 7 of the Natick Home Rule Charter as follows:

 

Change Section 7-6 (b) by adding to the last sentence the phrase “or as otherwise provided by town meeting vote” so that the new last sentence reads as follows:

 

A report, with recommendations, shall be submitted to the town meeting not more than ten months following the date such committee is appointed or as otherwise provided by town meeting vote.

 

 

By-Laws, Article 1, Section 1

 

Warrant article under review.

 

To see if the Town will vote to amend Article 1 of the Town of Natick By-Laws in order to set the date of the Fall Annual Town Meeting later in October so that the Finance Committee will have the entire month of September for reviewing the warrant and determining its recommendations.

 

In the last sentence of Section 1, change the word “first” to “third” so that the changed sentence reads:

 

The fall session of the representative town meeting, known as the Fall Annual Town Meeting, shall be called for 7:30 P.M. on the third Tuesday in October of each year.

 

 

By-Laws, Article 10, Section 2

 

Change approved.

 

Change Article 10, Section 2, the associated table entitled “Appointments Made by the Board of Selectmen” by replacing the current list in its entirety with the following new list:

 

                                                                                                               Additional

Name                                                                          Citation+            References++

Town Officials / Committees

Bacon Free Library Maintenance Committee

Board of Appeals                                                         (C) s. 3-2(c)        (B) Art. 29

Cable Advisory Board

Chief of Police                                                                                         C.S. laws & rules

Comptroller                                                                  (C) s. 3-2(c)        (C) s. 6-3(a)

Conservation Commission                                             (C) s. 3-2(c)        (B) Art. 30

Contributory Retirement Board

Council on Aging                                                          (B) Art. 25

Director of Veterans Services                                       (C) s. 3-2(c)

Elderly and Disabled Taxation Fund Committee

Emergency Management Director

Asst. Emergency Management Director

Emergency Operations Planning Committee

Fire Chief                                                                                                C.S. laws &rules

Historic District Commission                                         (B) Art. 26

Historical Commission                                                 

Information Systems Advisory Board                            (B) Art. 27

Labor Relations Consultant

Lock-Up Keeper

Natick Cultural Council

Parking Clerk

Recreation & Parks Commission                                   (C) s. 3-12(a)

    (four appointed members)

Recycling Study and Advisory Committee

Registrars of Voters                                                      (C) s. 3-2(c)        (B) Art. 28

Town Administrator                                                      (C) s. 3-2(c)        (C) s. 4-1; (B) Art. 20

Town Counsel                                                              (C) s. 3-2(c)        (B) Art. 22, s. 3

Town Forest Committee                                              

Veterans Burial Officer

 

Representatives to Regional Boards

Joint Regional Transportation Committee

Keefe Tech Vocational School                                      (A) s. 1

MBTA Advisory Board

Metropolitan Area Planning Council

MetroWest Growth Management Committee

     (one appointed member)

Middlesex County Advisory Board

MWRA Advisory Board

South Middlesex Opportunity Council

 

 

 

By-Laws, Article 20, Section 3

 

Change approved.

 

Add to Article 20 a new section as follows:

 

Section 3            Qualifications for New Town Administrator

 

A candidate for Town Administrator shall have a master’s degree from an accredited college or university plus five years of experience or a bachelor’s degree plus ten years of experience. All relevant experience shall demonstrate the skills needed to perform the duties of Town Administrator, as those duties are described in Section 4-2 of the Charter. Preferably, a candidate shall have served as chief administrative officer of a city or town for five years.

 

 

By-Laws, Article 20, Section 4

 

Change approved.

 

Add to Article 20 a new section as follows:

 

Section 4            Procedure for Appointment of Town Administrator

 

            Within one year of the time when it is known that the position of Town Administrator shall become vacant, the Board of Selectmen may initiate the selection process. Whenever the position of Town Administrator becomes vacant or within six months of the time when it is known that the position of Town Administrator shall become vacant, the Board of Selectmen shall initiate the selection process if the Board of Selectmen has not already done so. The Board of Selectmen shall initiate the selection process by giving notice of its intention to establish a screening committee to review applicants for the position of Town Administrator and shall send a copy of the notice to each town agency or office responsible for designating persons to serve on the committee. The Board of Selectmen shall appoint the screening committee not earlier than twenty-one days nor later than twenty-eight days after such notice.

 

            The screening committee shall consist of nine members. The Planning Board, the School Committee, the Finance Committee, the Personnel Board, and the Town Moderator may each designate one person to serve on the screening committee. Persons chosen by the said agencies may, but need not, be members of the agency by which they are chosen, and, in the case of the Town Moderator, the person may, but need not, be a member of Town Meeting. The Board of Selectmen shall appoint to the screening committee all such persons designated, provided that their names have been received in writing by the day before the screening committee is to be appointed. The Board of Selectmen shall appoint any other members to the screening committee so that the total membership is nine.

 

            Not more than thirty days following the appointment of the screening committee, the persons chosen shall meet to organize and to plan a process for the solicitation by advertisement and by other means to receive applications for the position of Town Administrator. The screening committee shall review all applications received and provide for interviews to be conducted with such number of candidates for the position as it may decide.

 

            Not more than one hundred and eighty days following the date the screening committee meets to organize, the screening committee shall submit to the Board of Selectmen the names of not less than two nor more than five candidates whom it believes to be best suited to perform the duties of Town Administrator. If the screening committee determines that there are not at least two candidates qualified to perform the duties of Town Administrator, as those duties are described in Section 4-2 of the Charter, the screening committee shall report to the Board of Selectmen that it is unable to complete its assigned task. In that event, the Board of Selectmen shall direct the screening committee to reopen the search process and the foregoing procedure shall apply.

 

            Within thirty days following the date the list of nominees is submitted to it, the Board of Selectmen shall choose one of the said nominees to be appointed to the office of Town Administrator. If the Board of Selectmen decides not to appoint one of the nominees, it shall direct the screening committee to reopen the search process, and the foregoing procedure shall apply.

 

            Upon the appointment of the Town Administrator, the screening committee established hereunder shall be considered discharged.

 

 

By-Laws, Article 40, Sections 1, 2

 

Change approved.

 

Change Article 40, Section 1 and Section 2 as follows:
 

1. In the first paragraph of Section 1, change the words “July 15th” to read “January 15” so that the paragraph reads:

 

All Town Officers, Boards, and Committees shall file an annual report of their doings with the Board of Selectmen on or before January 15 of each year, and the Board of Selectmen shall cause such reports to be included in the Annual Town Report.

 

2. In the only sentence of Section 2, change the words “September 25th” to read “March 25” so that the sentence reads:

 

The Selectmen shall have the printed Annual Town Report ready for distribution not later than March 25 of each year.