Changes Pending, Proposed, and Approved

Changes Pending, Proposed, and Approved

Revised 5/16/02

Charter, Article 2, Section 2-3

Charter, Article 2, Section 2-4 (b)

Charter, Article 3, Section 3-1 (d)(4)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to approve an amendment to the Natick Home Rule Charter for submittal to the voters in order to update language in the Charter to conform to current practice that follows the election laws of the Commonwealth.

1. In Article 2, in Section 2-3:

1a. Replace the first paragraph with the following new paragraph:

The board of selectmen shall divide the town into convenient voting precincts in accordance with Sections 6, 7, and 8 of Chapter 54 of the General Laws.

1b. Add, at the end of the second paragraph, the following sentence:

Any such revision shall be carried out in accordance with the timeline described in said Section 6 of Chapter 54 of the General Laws.

1c. Delete the third paragraph.

2. In Article 2, in Section 2-4 (b), change the words “twenty-eight days” to read “thirty-five days.”

3. In Article 3, in Section 3-1 (d) (4), change the words “twenty-first day” to read “thirty-fifth day.”

Charter, Article 2, Section 2-5

Change approved by Town Meeting and voters.

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 and voters.

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 approved for submission to Fall 2002 ATM.

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 3, Section 3-12

Warrant article under review.

To see if the Town will vote to approve an amendment to Section 3-12 of Article 3 of the Natick Home Rule Charter for submittal to the voters in order to reflect the role of the Recreation and Parks Commission in the areas of recreational programs and facilities.

Rewrite Section 3-12 as it now appears:

Section 3-12 Recreation and Human Services Commission

(a) Composition, Term of Office - There shall be a Recreation and Human Services Commission consisting of nine members: 5 members elected at large and 4 members appointed by the Board of Selectmen. Elected members shall serve a three year term so arranged so that over a three year period the terms of two members shall expire in the first year, the terms of two other members shall expire in the second year and the term of the fifth member shall expire in the third year. Appointed members shall serve a two year term so arranged so that an equal number of terms shall expire each year.

(b) Powers and Duties - The recreation and human services commission shall advise the director of the recreation and human services department on all matters relating to programs conducted by the department. They shall assure that programs are devised and conducted to meet the leisure time needs of all segments of the population. Whenever the position of director of the recreation and human services department shall become vacant, the recreation and human services commission shall serve as a screening committee for the filling of such vacancy and shall submit two or more names to the town administrator from whom the appointment shall be made.

The new Section 3-12 shall read as follows:

Section 3-12 Recreation and Parks Commission

(a) Composition, Term of Office - There shall be a recreation and parks commission consisting of five members, elected for terms of three years each, so arranged that as nearly an equal number of terms as is possible shall expire each year.

(b) Powers and Duties - The recreation and parks commission shall advise the town administrator and the responsible department heads on all matters relating to recreational programs conducted by the recreation and parks department and on the maintenance of recreational facilities where those programs are conducted. The commission shall assure that programs are devised and conducted to meet the leisure-time needs of all segments of the population. Whenever the position of superintendent of the recreation and parks department shall become vacant, the commission shall serve as a screening committee for the filling of such vacancy and shall submit two or more names to the town administrator from whom the appointment shall be made.

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 5, Sections 5-3, 5-6, 5-7

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 budget process currently in effect.

1. In Section 5-3, replace the second, third, and fourth sentences with the following sentences:

He shall, simultaneously, post a notice about the locations of (1) the complete proposed budget, with accompanying budget message and supporting documents, 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.

2. In Section 5-6, replace subsections (a) and (b) with a new subsection (a) that reads as follows:

(a) Review - The finance committee shall forthwith, upon receipt of the proposed budget, schedule a series of public meetings to review the proposed budget. The finance committee shall consider the detailed expenditures proposed by each town agency and may confer with representatives of any town agency in connection with its review and consideration. The finance committee may require the town administrator, or any other town agency, to furnish it with such additional information as it may deem necessary to assist it in its review of the proposed budget.

3. In Section 5-6, replace subsection (c) with a new subsection redesignated as subsection (b) that reads as follows:

(b) Presentation to the Representative Town Meeting - The finance committee shall file a report containing its recommendations for actions on the proposed budget within a time fixed by by-law. The proposed budget presented to town meeting for action shall be the budget recommended by the finance committee.

4. In Section 5-7, in the first sentence, change the words “at least thirty days prior to the date fixed by by-law for the submission of the proposed operating budget” to read “on a date fixed by by-law.”

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

Change approved by Town Meeting and voters.

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

Change approved by Spring 2002 ATM.

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 1, Section 4

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 1 of the Town of Natick By-Laws in order to update language in the By-Laws to conform with current practice for publication of warrants.

1. In Section 4, before the first sentence, add two sentences to read as follows:

The warrant for the town election or preliminary election shall be posted at least seven days before the date of the election. The warrant for any other Town Meeting shall be posted in accordance with Section 2-11 (d) of the Charter.

2. In Section 4, delete the last two sentences.

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 1

Warrant article under review.

To see if the Town will vote to amend Article 20 of the Town of Natick By-Laws in order to update the list of appointments made by the Town Administrator and to clarify the nature of this list.

1. Replace Section 1 with the following:

Section 1 Appointments

The provisions of Section 4-2 (3) of the Charter establish the general rule that the Town Administrator appoints all Town officers and employees unless another method of selection is specified elsewhere by the Charter or by law. In addition to all appointments made by the Town Administrator in accordance with said Section 4-2 (3), the appointments listed in the table entitled “Appointments Made by the Town Administrator Specifically Designated by the Town,” which is incorporated into this section by reference, shall be made by the Town Administrator. The appointments listed are (1) appointments designated in the General Laws that indicate another appointing authority, but which the Town has changed; (2) appointments called for by specific provisions in the Charter or elsewhere in the By-Laws; and (3) appointments required by other Town Meeting vote.

2. Replace the table referenced in Section 1 with the following:

APPOINTMENTS MADE BY THE TOWN ADMINISTRATOR

SPECIFICALLY DESIGNATED BY THE TOWN

______________________________________________________________________________

Additional

Name Citation+ References++

______________________________________________________________________________

Town Officials / Committees

Director of Public Works (G) c. 41, s. 69E

Director of Recreation and Human Services (C) s. 3-12(b)

Dog Officer (G) c. 140, s. 151

Personnel Board (B) Art. 24, s. 1

Planning Director (B) Art. 21, s. 3

Sealer of Weights and Measures (G) c. 41, s. 85

Town Report Committee

Town Treasurer/Collector (C) s. 6-4(a)

Tree Warden (G) c. 41, s. 106

______________________________________________________________________________

+ The citation indicates the section in the Charter or By-Laws where the Town Administrator is designated as the appointing authority. If no citation is given, this by-law should be cited.

++ The additional references provide more information about the position.

Key: (B) - By-Laws; (C) - Charter; (G) - General Laws; Art. - Article; c. - Chapter; s. - Section.

By-Laws, Article 20, Section 2

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 20 of the Town of Natick By-Laws in order to set dates for submission of the capital improvement program consistent with current practice.

1. In Section 2, change the title to read as follows:

Section 2 Dates of Submission of Fiscal Documents

2. In Section 2, add a new second paragraph to read as follows:

As required by Section 5-7 of the Charter, the Town Administrator shall submit updates of the capital improvement program on or before the first business day in March and September.

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 23, Sections 1, 4, 6

Warrant article under review.

To see if the Town will vote to amend Article 23 of the Town of Natick By-Laws in order to describe Finance Committee procedures consistent with current practice and to remove the section on budget presentation which is better described in Section 5-5 of the Charter.

1. In Section 1, at the end of the first sentence, change the words:

other than Town Officers, appointed or elected.

so that the end of the first sentence now reads as follows:

other than Town officers, appointed or elected, or Town employees.

2. In Section 1, replace the third sentence that begins ‘Any member’ with the following sentences:

Any member of said Committee who shall be appointed a Town officer or Town employee or who shall file for any elective Town office except that of Town Meeting Member shall forthwith cease to be a member of said Committee. Any member who shall remove from the Town shall forthwith cease to be a member of said Committee. However, a member of said Committee is allowed to serve on (1) any other Town committee for which the Finance Committee is designated as responsible for nominating or appointing one or more members or (2) any other Town committee established by vote of Town Meeting for the purpose of advising Town Meeting on future matters to come before Town Meeting.

3. In Section 4, at the end of the first sentence, add the following words:

and the motion to be made.

4. In Section 4, after the first sentence, insert the following sentences:

For all articles involving appropriations of operating budgets, supporting data, at the account level, comparing the recommended appropriations to appropriations or actual expenditures in previous fiscal years, shall be included in the report. If appropriations are modified later in the fiscal year, updated supporting data shall be provided in the report.

5. In Section 4, after the sentence that begins ‘The said recommendations,’ insert the following sentence:

Notwithstanding the above provisions concerning the contents and distribution of the report, the Committee may vote to change its recommendation and motion at any time before an article is considered by Town Meeting.

6. In Section 4, in the sentence that begins ‘The Committee Report,’change the words:

the approximate tax rate based on such recommendations.

so that the end of the sentence now reads as follows:

the approximate change in the amount to be raised from the tax levy as compared to the previous amount raised.

By-Laws, Article 31

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to delete Article 31 of the Town of Natick By-Laws which references a section of the Charter that has been repealed.

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.

By-Laws, Article 78

Wetlands Protection — View draft (pdf file)

Warrant article under review.