HOUSE DOCKET, NO. 4577 FILED ON: 9/14/2023
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Peter J. Durant
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the town charter for the town of Southbridge.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Peter J. Durant 6th Worcester 9/14/2023
Ryan C. Fattman Worcester and Hampden 10/23/2023
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 HOUSE DOCKET, NO. 4577 FILED ON: 9/14/2023
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the town charter for the town of Southbridge.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The following shall be the charter of the town of Southbridge:
2 CHAPTER 1
3 INCORPORATION; SHORT TITLE;
4 POWERS; DEFINITIONS
5 SECTION 1 - INCORPORATION
6 1-1-1: The inhabitants of the Town of Southbridge, within the corporate limits as
7 established by law, shall continue to be a body politic and corporate with perpetual succession
8 under the name Town of Southbridge.
9 SECTION 2 - FORM OF GOVERNMENT AND TITLE
10 1-2-1: This charter provides for a Town Council-Town Manager form of Town
11 government and it shall be known by the title of Southbridge Home Rule Charter. The Town of
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12 Southbridge shall be governed by the General Laws applicable to towns where the laws of the
13 commonwealth distinguish between towns and cities and all the provisions of law applicable to
14 the Town of Southbridge, except as otherwise specifically provided in this charter; provided,
15 however, section 32 of chapter 40 of the General Laws shall not apply to the Town of
16 Southbridge.
17 SECTION 3 - POWERS
18 1-3-1: Subject only to express limitations on the exercise of any power or function by a
19 municipality in the Constitution or laws of the commonwealth, it is the intent and the purpose of
20 the voters of the Town of Southbridge to secure, through the adoption of this charter, all of the
21 powers it is possible to secure for a municipal government under the Constitution and laws
22 of the commonwealth.
23 SECTION 4 - CONSTRUCTION
24 1-4-1: The powers of the Town of Southbridge under this charter are to be construed
25 liberally in its favor and the specific mention of particular powers is not intended to limit in any
26 way the general powers of the Town of Southbridge as stated in section 1-3-1.
27 SECTION 5 - DEFINITIONS
28 1-5-1: "By-Law": shall refer to a general and permanent legislative enactment by the
29 Town Council establishing the structure of the Town government or prescribing the activities of
30 its citizens.
31 "Charter": shall mean this document and any amendments to it that may hereafter be
32 adopted.
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33 "Measure": shall refer to any enactment, vote, resolution or motion by the Town Council
34 other than a by-law.
35 CHAPTER 2
36 THE TOWN COUNCIL
37 SECTION 1 - COMPOSITION
38 2-1-1: A Town Council of 9 members shall be nominated and elected from the Town at-
39 large to serve 3-year staggered terms.
40 SECTION 2 - ELIGIBILITY
41 2-2-1: All qualified voters of the Town shall be eligible to hold the office of Town
42 Councilor except as otherwise limited by this charter.
43 2-2-2: No Town Councilor shall hold any other Town office during their term of office.
44 Any person elected to the Town Council while serving as a municipal employee or officer shall,
45 prior to assuming the office of Town Councilor, resign from said municipal employee or officer
46 position. No Town Councilor or former Town Councilor shall be offered or accept any
47 compensated Town appointive office or employment until 1 year after their term shall have
48 ended.
49 2-2-3: Terms of Town Councilors shall be limited to 3 consecutive terms. For purposes
50 of this section, the word "term" shall mean 3 years or any portion thereof.
51 SECTION 3 - COMPENSATION
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52 2-3-1: The Town Council may provide an annual salary for its members. No Town
53 Councilor shall receive said salary nor shall any increase thereof become effective until after the
54 commencement of the next fiscal year.
55 2-3-2: Town Councilors may be reimbursed for actual expenses incurred in the
56 performance of their official duties from an annual appropriation for such purposes.
57 SECTION 4 - GENERAL POWERS AND DUTIES
58 2-4-1: Except as otherwise provided in this charter, all general, corporate, legislative,
59 policy-making and appropriation powers of the Town shall be vested in the Town Council.
60 2-4-2: The Town Council may enact by-laws and other measures and rules and
61 regulations not inconsistent with this charter governing its own proceedings and other matters
62 pertaining to the exercise of its powers and the performance of its duties.
63 2-4-3: The Town Council shall provide for keeping accurate minutes of its proceedings
64 which shall be a public record. Annually, at the reorganizational meeting, the Town Council
65 shall appoint a Recording Secretary and a Clerk of the Town Council. For the purpose of this
66 section only, the Recording Secretary shall be under the jurisdiction of the Town Council.
67 2-4-4: The Town Council may establish committees, subcommittees and advisory
68 committees as it deems reasonable and necessary and such committees may include non-Town
69 Council members. Town Councilor appointments to such committees shall be made by the chair
70 of the Town Council and non-Town Council member appointments to such committees shall be
71 made by the Town Council subcommittee members subject to confirmation by the Town
72 Council, as provided for in section 2-4-2.
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73 2-4-5: Town Councilors shall not impede the daily municipal operations, nor give orders
74 or directions to Town officers and employees, either publicly or privately. This prohibition shall
75 not preclude the Town Council or its members from asking questions, seeking information or
76 conducting conversations with said employees.
77 2-4-6: The Town Council or its members may freely and fully discuss with the Town
78 Manager anything pertaining to the appointment or removal of any Town officer or employee,
79 but neither the Town Council nor its members shall in any way dictate the appointment or
80 removal of any Town officer or employee under the jurisdiction of the Town Manager unless
81 otherwise specified by this charter.
82 SECTION 5 - MEETINGS AND QUORUM
83 2-5-1: The Town Council shall meet regularly, at least twice every month. Special
84 meetings may be held if called by the chair or by any 3 members of the Town Council; provided
85 that written notice of such meeting shall have been delivered to eachother member at least 48
86 hours in advance thereof and shall have been posted in accordance with state law.
87 2-5-2: All meetings of the Town Council shall be public except, as provided by the
88 General Laws, provisions respecting closed sessions. The agenda for such meetings shall
89 be as determined by the chair and shall follow the order of business set forth in Roberts Rules of
90 Order. Inhabitants and employees of the Town shall have a reasonable opportunity to be heard at
91 any such meeting as set forth in Town Council rules and regulations, except matters that could be
92 subject to executive session.
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 93 2-5-3: Five members of the Town Council shall constitute a quorum for the conduct of
94 business. A lesser number than the quorum may organize any meeting lacking a quorum in order
95 to adjourn it to a stated date, time and place.
96 2-5-4: In no instance shall it be required that all members of the Town Council be
97 present at a meeting to allow the conduct of business.
98 SECTION 6 - BY-LAWS
99 2-6-1: All proposed by-laws and repeals or amendments to current Town by-laws shall
100 deal with one subject only and shall be submitted in writing to the office of the Town Clerk at
101 least 14 days prior to the date of the first reading by Town Council. Any by-law which repeals
102 or amends part of the Town by-laws shall set out in full in the agenda item for the meeting the
103 section or sections of the Town by-laws to be repealed or amended by the use of strikeout type,
104 brackets or underscoring. All proposed or amended sections of the Town by-laws shall be set out
105 in red or in some other way that easily identifies the proposed amendments or revisions.
106 2-6-2: Any by-law which repeals or amends part of the Town by-laws shall set out in full
107 the section or sections of the Town by-laws to be repealed or amended by the use of strikeout
108 type, brackets or underscoring. Proposed by-laws shall deal with one subject only and shall be
109 introduced in writing in the form required for formal adoption. The Town Council shall ensure
110 the full text of every proposed by-law is posted on the Town website and in any other public
111 media as deemed appropriate by the Town Council.
112 2-6-3: Every Town by-law adopted, amended or repealed shall be read at 3 separate
113 meetings before its passage, as follows:
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114 (a) At the first meeting, every proposed Town by-law change shall be read aloud in its
115 entirety by the chair of the Town Council or their designee. Proposed Town by-law amendments
116 shall be read aloud in its entirety by section or sections.
117
118 (b) At the second meeting, a summary of every proposed Town by-law change shall be
119 read aloud by the chair of the Town Council or their designee.
120 (c) At the third meeting, all amendments shall be considered and voted upon, followed by
121 a summary reading of the proposed Town by-law change as amended by the chair of the Town
122 Council or their designee.
123 2-6-4: Final adoption of a Town by-law, amendment or repeal shall occur at the next
124 regularly scheduled Town Council meeting. Publication of the final Town by-law or measure
125 shall be posted on the Town’s website within 24 hours of the newly adopted Town by-law or
126 measure. No new amendments shall be allowed at this meeting and published.
127 2-6-5: The affirmative vote of at least 5 members of the Town Council shall be necessary
128 for the passage of any Town by-law, amendment or repeal unless a greater number is prescribed
129 by the General Laws or by this charter and all votes thereon shall be taken by roll call and
130 recorded in the meeting minutes.
131 SECTION 7 - ACTION REQUIRING A BY-LAW
132 2-7-1: In addition to other acts, required by Town by-law or by this charter, to be done
133 by a by-law, those acts of the Town Council shall be by a by-law which: (i) adopts or amends
134 administrative by-laws or establishes, alters or abolishes any Town department, office or agency;
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135 and (ii) provides for a fine or other penalty or establish a rule or regulation for violation of which
136 a fine or other penalty is imposed.
137 SECTION 8 - FILLING VACANCIES IN THE TOWN COUNCIL
138 2-8-1: A vacancy in the office of Town Councilor whether caused by death, resignation
139 or removal shall be filled by a special election to be called within 30 days of said vacancy unless
140 a regular Town election shall occur within 180 days.
141 SECTION 9 - THE CHAIR AND VICE-CHAIR OF THE TOWN COUNCIL;
142 ELECTION AND REMOVAL
143 2-9-1: On the first regularly scheduled meeting on or after July 1 following the Town
144 elections and after newly elected members shall have taken office, the Town Council shall
145 organize itself and elect 1 of its members to serve as chair of the Town Council and as vice-chair
146 of the Town Council, both for a term expiring at the first regularly scheduled Town Council
147 meeting on or after July 1 following the Town elections the next year. The chair pro tem of the
148 organizational meeting would be the senior in point of service or if equal in service, senior in
149 age.
150 2-9-2: The chair shall preside at meetings of the Town Council, shall be recognized as
151 head of the Town government for all ceremonial purposes and shall be the point of contact on
152 behalf of the Town Council in case of an emergency.
153 2-9-3: The chair may be removed from office by a 2/3 vote of the entire Town Council, a
154 minimum of 6 votes. Any member of the Town Council at any point may make a motion to
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155 remove the chair and if the motion is seconded, the motion shall be debated and voted upon at
156 that time, without exception, by the Town Council.
157 2-9-4: The vice-chair shall automatically become chair in the event of the permanent
158 disability, death, resignation or removal of the chair. A new vice-chair shall be elected by a
159 majority vote of the Town Council at the first regularly scheduled meeting called by the new
160 chair.
161 2-9-5: The vice-chair may be removed from office by a 2/3 vote of the entire Town
162 Council, a minimum of 6 votes. Any member of the Town Council at any point may make a
163 motion to remove the vice-chair and if the motion is seconded, the motion shall be debated and
164 voted on by the Town Council at that time, without exception. A new vice-chair shall be elected
165 by a majority vote of the Town Council at the next regularly scheduled meeting.
166 CHAPTER 3
167 OTHER ELECTED TOWN BOARDS AND OFFICERS
168 SECTION 1 - GENERAL PROVISIONS
169 3-1-1: Members of Town boards to be elected by the qualified voters of the Town shall
170 be, in addition to the Town Council:
171 (a) 7 members of a School Committee;
172 (b) 2 members of a Regional Vocational School Committee;
173 (c) 1 Town Clerk;
174 (d) 4 members of a Housing Authority in accord with applicable law;
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175 (e) 4 members of a Redevelopment Authority; and
176
177 (f) 2 part time members to the Board of Assessors.
178 3-1-2: Boards and commissions, established under this charter, shall perform their
179 functions and duties in accordance with the Constitution, the General Laws, this charter and
180 Town by-laws.
181 3-1-3: During the term for which they were elected and for 1 year following the
182 expiration of this term, no member of any board or commission, established under this charter,
183 shall be eligible to accept any appointed paid Town position under jurisdiction of the board of
184 which they were a member.
185
186 3-1-4: Members of boards and committees, established under this charter, may be
187 reimbursed for actual expenses incurred in the performance of their official duties from an
188 annual appropriation made for such purposes.
189 3-1-5: Any elected or appointed member of a quasi-judicial board (Zoning Board of
190 Appeals, the Conservation Commission, the Board of Health, the Liquor Licensing Board
191 and the Special Permit Granting Authority) shall be limited to 1 such board and ineligible to
192 serve on any other such quasi-judicial board during that member’s term.
193 SECTION 2 - VACANCIES
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194 3-2-1: Vacancies in the elected Town boards, established under this charter, shall be
195 filled by a majority vote of the Town Council in joint convention with a majority of the
196 remaining members of the respective board within 60 days unless a regular Town election shall
197 occur within 120 days, but only until the next Town election.
198 SECTION 3 - REGIONAL VOCATIONAL SCHOOL COMMITTEE
199 3-3-1: Terms for the 2 members of the Southern Worcester County Regional Vocational
200 School Committee, (Bay Path) shall be for 3 years. The terms are to be staggered.
201 SECTION 4 - TOWN CLERK
202 3-4-1: The Town Clerk shall be elected to serve for a 3-year term. The Town Clerk shall
203 receive such compensation not to exceed the am