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



Charter & By-Law Review Summary
Revised 8/12/2002

·        Charter – Change Proposed, Pending or Approved

·        By-Laws – Change Proposed, Pending or Approved

·        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
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2-2

2

2-5

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

2-2

2

2-6(c)

Do not consider persons for appointment before the date of the last revision of precincts.
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3-1

3

3-1(d)

Should preliminary town elections be eliminated?
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3-1

3

3-1(d)(4)

Conform time requirements with MGL
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3-5

3

3-1(h)

Remove six-month restriction on recall after an election.
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3-5

3

3-2(a)

Reword paragraph
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3-6

3

3-6(b)

Review powers and duties
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3-7

3

3-9(b)

What about resignations?
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3-8

3

3-12

Commission is called Recreation and Parks, Human Services is separate department.
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3-8

3

3-12

Would like Recreation/Parks Commission to have jurisdiction over Parks, specifically overall maintenance. Currently BoS are the Parks Commissioners.
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4-1

4

4-1

Rewrite because of recent by-law changes
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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]

4-2

4

4-2 (3)

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 The list in the charter is obsolete.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

4-4

4

4-3(c)

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

4-4

4

4-3(c)

Permanent appointments cannot be made? What are implications for Town employees?
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4-4

4

4-3(c)

What does "designations of a permanent nature" mean?
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5-1

5

5-2(a)

Is the wording clear?
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5-1

5

5-2(b)

Are the publication requirements being followed?
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5-1

5

5-3

Are the publication requirements being followed?
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5-2

5

5-6(a)

Does the public hearing precede or follow the review?
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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"
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5-2

5

5-7

Is the date for submission of capital improvement program being followed?
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6-3

6

6-4(b)

No person other than treasurer pays bills [Treasurer (1)]. Misleading statement.
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7-1

7

7-6(b)

Allow Town Meeting to extend time for review
View change

7-4

7

7-12

This section is superceded by By-Law, Article 44
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.
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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
View change

10-2

10

2, table 

Should School Committee appoint Keefe Tech representative?
View change

11-2

11

8 [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?
View change

11-2

11

9

Is there a news release for new appointments?
View change

11-2

11

12 [New]

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

12-1

12

 

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

20-1

20

4 [new]

Need section on steps for appointing new Town Administrator
View change

20-3

20

5 [New]

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

21-1

21

 

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

22-1

22

4

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

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 changed.
View change

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?
View change

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?
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?
View change

24-1

24

1.3

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

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.
View change

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 change

30-3

30

2.4.1

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

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?
View change

30-4

30

2.5.1

What is an "RDS"?
View change

30-7

30

2.9

Last two sentences are repetitive.
View change

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
View change

40-1

40

4, 5

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

41-1

41

1

Central Equipment Purchasing Committee? It is not active.
View change

41-1

41

1

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

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?
View change

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?
View change

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?
View change

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. Post rules and regulations on web site as well.
View change

42-1

42

1

Are these license fees still correct?

42-1

42

2

This section appears to be superceded by Article 52.
View change

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.
View change

43-1

43

2

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

43-2

43

4, 5

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

50-5

50

18