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



Charter & By-Law Review Summary
Revised 5/16/2002

·        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(b)&(d)

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

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

3-1(g)

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

3-2

3

New section

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

3-4

3

3-2(a)

Reword paragraph

3-6

3

3-4(b)

Review powers and duties

3-6

3

3-6(b)

Review powers and duties

3-7

3

3-9(b)

What about resignations?

3-8

3

3-12

Commission is called Recreation and Parks, Human Services is separate department.
View change

3-8

3

3-12

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]

4-1

4

4-1(d)

Rewrite because of recent by-law changes

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

40-2

40

New

Town Clerk should publish a municipal calendar of dates for elections and Town Meetings, including associated filing dates

40-2

40

New

Town Administrator should include in Annual Town Report a top-level organization chart

 

 

 

CHARTER
Items Awaiting Review by the Committee

Page #

Article

Section

Description

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