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



Charter & By-Law Review Summary
Revised 4/30/2002

·        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?
View change

2-1

2

2-4(b)

Conform time requirements with MGL
View change

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; approved by voters]
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; approved by voters]
View change

3-1

3

3-1(d)

Should preliminary town elections be eliminated?
View change

3-1

3

3-1(d)(4)

Conform time requirements with MGL
View change

3-2

3

New section

Procedure for determining if an elected official has moved out of town
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.
View change

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]

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?

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?
View change

5-2

5

5-6(a)

Does the public hearing precede or follow the review?
View change

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"
View change

5-2

5

5-7

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

7-1

7

7-6(b)

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

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
View change

20-1

20

2

Specify dates for submission of capital improvement program
View change

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

Does Industrial Council exist?
View change

23-1

23

1

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

23-1

23

4

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

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.
View change

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

24

13.2

Repeal 13.2 because no longer applicable.

24-11,12

24

Table

Simplify these tables by listing grad and position in two columns. Then include the pay table, listing only one line for each grade. What does "performance range" mean?

30-1ff

30

Throughout

Standardize the way of referring to the MGL.

30-1

30

2

Move Section 2 to its own by-law in the 70 series. Drop the "2." in front of the section and subsection labels. Substitute "this by-law" for "Section 2" where it appears in the text. Substitute "Section X" for "Section "2.x" where it appears in the text.
View draft (pdf file)

30-3

30

2.4.1

Are emergency rules making sense? What about 1-day response actions?

30-4ff

30

2.5

The term "Resource Area Values" appears to be a technical term that is not defined. What is it supposed to mean?

30-4

30

2.5.1

What is an "RDS"?

30-7

30

2.9

Last two sentences are repetitive.

31-1

31

1

Delete article; reference is to deleted section in Charter
View change

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?

4-5

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?

26-1

26

1

Should sentences in first paragraph referencing when the commission is first established be removed?

27-1

27

3

Does the Information Systems Advisory Board meet at least 4 times a year?

40-1

40

1

Any committee shall be discharged ... Is this workable?

40-1

40

3

First paragraph ... Are the provisions on minutes being followed? Second paragraph on location of minutes ... Is Town Clerk being notified? Should Town Clerk follow up with those who have not sent notification?

40-1

40

4, 5

Are the provisions for publishing the valuation and tax abatement lists being followed?

41-1

41

1

These amounts have been changed by ATM 10/10/00, Art 37. The new amounts are $5,000 and $25,000.

41-1

41

1

Central Equipment Purchasing Committee? It is not active.

41-1

41

1

Should requests for proposals be placed on the Town web site?

41-1

41

3

Are the procedures pertaining to the Town Comptroller being followed?

41-2

41

5

Do the Selectmen actually get involved in disposal of property?

41-2

41

8

Is the title of the state official current?

41-3

41

11

Often, written ballots are used to appoint members to committees? Is this prohibited? Is the by-law inconsistent?

41-3

41

12, table

Are all the regulations in the library? Are they current? What about Planning Director? Are there any additional regulations? Add School Committee Policy Manual. Conservation Commission regulations?

41-3

41

new

Adopt new by-law to state that if an item has to be posted on the official Town bulletin board, then it has to be posted on the Town web site.

42-1

42

1

Are these license fees still correct?

43-1

43

1

Is there a list of those who have not paid? Does the MGL or some local acceptance action prevent changing these provisions? Change the time period for non-payment and the publication date of the list so that the Board of Selectmen will have the information available at license renewal time.

43-1

43

2

Do licensing authorities do anything with the list? Do they receive it?

43-2

43

4, 5

The references are to the MGL, but this is not clear.

 

 

CHARTER
Items Reviewed by the Committee - No Action Recommended

Page #

Article

Section

Description

2-1

2

2-4(a)

Should Town employees continue to be permitted to serve as Town Meeting members?

2-4

2

2-11(d)

Are steps to publish warrant articles happening as written?

2-4

2

2-12(a)

Are meeting dates correct?

3-1

3

3-1(d)

Increased signatures when no preliminary elections?

3-5

3

3-2(c)

"Subject to Article 6" - do we want to make one article subject to another? Have by-laws adopted superceded any of the text in this section?

3-5

3

3-3(b)

"not intended to be limited" - is this awkward?

3-7

3

3-9(c)

Where is will of Mary Ann Morse located?

5-1

5

5-5

What does "use of modern concepts" really mean to say?

5-2

5

5-7(b)

Is there a five year capital improvement program?

 

 

 

 

BY-LAWS
Items Reviewed by the Committee - No Action Recommended

Page #

Article

Section

Description

1-1

1

1, 2

Suggestion: Have a timeline for town meeting dates

2-1

2

1

Does the alternative nomination process apply to Town Meeting members?

2-1

2

2

Do we want to resolve ties by lottery instead of by vote in caucus?

3-1

3

4

Is the provision for secret ballot in accordance with the MGL?

3-1

3

5

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

10-1

10

4

Is there a parking meter fund? Is the second paragraph the way things are done?

23-1

23

1

"shall remove" -- what does this mean?

31-1

31

1

Reinstate the Advisory Committee on Public Works