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



Charter & By-Law Review Summary
Revised 1/5/2002

·        Charter – Change Proposed, Pending or Approved

·        By-Laws – Change Proposed, Pending or Approved

·        Charter – Items Awaiting Review

·        By-Laws – Items Awaiting Review

·        Charter – No Action Recommended

·        By-Laws – No Action Recommended

 

 

 

CHARTER
Items Reviewed by the Committee - Change Proposed, Pending or Approved

Page #

Article

Section

Description

2-1

2

2-3

In third paragraph, is posting being done as written? Are precinct maps available? Are names and addresses of voters posted? If so, is Town Clerk or BoS responsible for posting?

2-2

2

2-5

Do we want to resolve ties by lottery instead of by vote in caucus?
[Approved by ATM 10/2/01, Art. 19; awaiting voter approval]
View change

2-2

2

2-6(c)

Do not consider persons for appointment before the date of the last revision of precincts.
[Approved by ATM 10/4/01, Art. 20; awaiting voter approval]
View change

3-1

3

3-1(d)

Should preliminary town elections be eliminated?
View change

3-2

3

New section

Procedure for determining if an elected official has moved out of town
[Postponed until May]
View change

3-8

3

3-12

Commission is called Recreation and Parks; Human Services is separate department

3-8

3

3-12(b)

Would like Recreation/Parks Commission to have jurisdiction over Parks, specifically overall maintenance. Currently BoS are the Parks Commissioners.

4-1

4

4-1(b)

This should be a by-law that details the process for selecting a new Town Administrator (TA). It should take into account that there is a TA currently in office and that it may be appropriate to select a new TA prior to the departure of the current TA.
[Refer to By-Laws, Art. 20, s. 4]

4-1

4

4-1(c)

The qualifications for TA should be in a by-law. Is the requirement that a candidate have five years of service as a chief administrative officer overly exclusionary?
[Refer to By-Laws, Art. 20, s.3]

5-1

5

5-2(a)

Is the wording clear?
View change

5-1

5

5-2(b)

Are the publication requirements being followed?
View change

5-1

5

5-3

Are the publication requirements being followed?

5-2

5

5-6(a)

Does the public hearing precede or follow the review?

5-2

5

5-6(c)

Last sentence should read "The proposed budget presented to town meeting for action shall be the budget recommended by the finance committee"

5-2

5

5-7

Is the date for submission of capital improvement program being followed?

5-2

5

5-7(b)

Is there a five year capital improvement program?

7-1

7

7-6(b)

Allow Town Meeting to extend time for review
[Approved by ATM 10/4/01, Art. 21; awaiting voter approval]
View change

 

 

 

 

BY-LAWS
Items Reviewed by the Committee - Change Proposed, Pending or Approved

Page #

Article

Section

Description

1-1

1

1

Start Fall Town Meeting two weeks later.
View change

1-1

1

4

Reference Section 2-11c in Charter. Reconcile language. Also reconcile with MGL.

3-1

3

5

Is this ambiguous? It doesn't say that moderator makes the decision.

10-2

10

2

Check list of appointments made by Board of Selectmen
[Approved by ATM 10/4/01, Art. 23]
View change

20-1

20

1

Check list of appointments made by Town Administrator

20-1

20

3 [new]

Need section on steps for qualifications on Town Administrator
[Approved by ATM 10/4/01, Art. 21]
View change

20-1

20

4 [new]

Need section on steps for appointing new Town Administrator
[Approved by STM 10/23/01, Art. 3]
View change

23-1

23

1

"shall remove" -- what does this mean?

23-1

23

1

Does Industrial Council exist?

23-1

23

1

Are there some committees or offices in the Town that a member of the Finance Committee should not hold?

23-1

23

4

Does Finance Committee distribute report with recommendations 10 days before Town Meeting? Does this report include an approximate tax rate?

23-1

23

6

This section does not seem to be up to date because it makes no mention of the Town Administrator in the budget process./p>

40-1

40

1

Publication of Town Report, referred by Town Meeting
[Approved by ATM 10/4/01, Art. 25]
View change

 

 

 

CHARTER
Items Awaiting Review by the Committee

Page #

Article

Section

Description

1-1

1

1-3

What are prudential affairs? Is this a comprehensive description?

2-2

2

2-4(b)

Remove requirement for signatures for Town Meeting

2-2

2

2-6(b)&(d)

Make more explicit what it means to be removed and how the process works

2-2

2

2-6(c)

Only allow appointment to fill vacancies from those in the most recent election

2-3

2

2-7

Why is there mention of compensation here and not elsewhere?

2-4

2

2-12

Rephrase 6th line "the powers of which".

3-1

3

3-1, 3-13, 6-4

Note that the changes introduced by Amendment 16 are not effective unless approved by voters at the spring town elections

3-1

3

3-1(d)

Place the dates mentioned in a timeline in an appendix

3-2

3

3-1(g)

Are vacancies being posted? What is the procedure? Is one week enough notice? What is in the General Laws?

3-4

3

3-1(h)(5)

In the last sentence, something seems to be missing

3-4

3

3-2(a)

Reword paragraph

3-5

3

3-2(b)

Is "develop and to promulgate" section clear?

3-5

3

3-2(d)

Are the BoS a supra-licensing authority to whom people can appeal?

3-6

3

3-4(b)

Review powers and duties

3-6

3

3-5(b)

"oath of office to him" seems scrambled. Last line too many "bys"

3-6

3

3-6(b)

Review powers and duties

3-7

3

3-9(b)

What about resignations?

4-1

4

4-1(d)

Further definition of TA job performance vs. the By-Laws, Article 24

4-2

4

4-1(e)

"as seem necessary or desirable" is excess verbiage

4-2

4

4-2 (3)

List of appointments is in the by-laws. The list in the charter is obsolete.

4-2

4

4-2 (3)

Post documents electronically in addition to "town bulletin board"

4-3

4

4-2 (14)

Add line "Town Administrator shall be a voting member of the School Committee for collective bargaining

4-4

4

4-2 (15)

Clarify wording "except for the school department"

4-4

4

4-2 (16)

Is "incident" the right word?

4-4

4

4-3(c)

Should there be any changes made in the ability of an acting TA to fill vacancies?

4-4

4

4-3(c)

What does "designations of a permanent nature" mean?

4-5

4

4-4(b)

Last line, is "in his behalf" correct?

6-1

6

6-1(a)

Extra "by" in 'by by-law'

6-1

6

6-1

Last paragraph. The sentence wording is mixed up. Perhaps it should read: "The town administrator shall, following such hearing, provide for the submission of the proposed organizational plan, which may be amended or revised as a result of information developed at the public hearing, to the next session of the representative town meeting."

6-3

6

6-4

Note that this section has not yet been approved by the voters

7-1

7

7-4

Have rules and regulations available electronically (possibly as part of a by-law instead the charter)

7-4

7

7-12

This section is superceded by By-Law, Article 44

 

 

 

 

BY-LAWS
Items Awaiting Review by the Committee

10-1

10

3

How does this section agree with Article 22, Section 6?

10-2

10

 

Should School Committee appoint Keefe Tech representative?

11-1

11

3

Are Town Reports permanently bound by the Town Clerk?

11-2

11

new

Is there a need for a section similar to Section 8 to address verification of removal of residence of other elected officials? What does MGL say?

11-2

11

9

Is there a news release for new appointments?

12-1

12

 

The entire article should be reviewed to verify that it is in keeping with current practice

21-1

21

 

Is there a Planning Director and is one required under MGL?

22-1

22

4

Is there a vacancy each year? Should this be reworded?

22-1

22

5c

Some names may no longer be valid. Delete Public Works Commission. Recreation Commission is Recreation and Human Services Commission. Superintendent of Recreation name is changes

22-2

22

6

Wording unclear. Should the comma after "Town Meeting" be "and" or "or"? How does this section agree with Article 10, Section 3?

22-2

22

8

How does prohibition about hiring other counsel square with Article 44 when there is a conflict between Town Agencies? What about School Committee?

24-1

24

1.2

Does this odd, even, odd sequence make sense?

24-1

24

1.3

Is the screening committee to select the new Town Administrator simply "an advisory committee dealing with personnel-related matters"?

24-1

24

2.1c

The reference is poor. It should be something like: Section 4-2, Items 4 and 14.

24-1

24

2.2

Isn't it "Deputy Town Administrator" not "Assistant Town Administrator"?

24-2

24

3.6

Ask whether Personnel Director maintains current job descriptions

24-3

24

4.2

Is the Fair Labor Standards Act still the applicable law? What does "these employees" refer to -- just permanent or also temporary?

24-3

24

4.3

What is the maximum probationary period? Is a year legal?

24-3

24

5.3

Is full-time of 37 1/2 hours consistent with state or federal law?

24-3

24

5.4

Is this legal also?

24-6

24

7.3.4

Who appoints the Sick Leave Bank Committee? What is composition?

24-7

24

7.4

Address the issue of compensating town employees who are reservists called to active duty for the difference between their regular pay and their military pay.

24-7

24

7.5

Any change in bereavement leave in union contracts?

24-8

24

7.8

Is maternity leave still in accordance with law?

24-10

24

12

Don't use the word "Town" when a specific function is meant. This appears in other places as well.

24-10