Town of Swampscott
Special Town Meeting Warrant
October 15, 2001
Return of Service:
Pursuant to the within warrant to be directed, I have notified the inhabitants of the Town of Swampscott qualified to vote in elections and in Town affairs by posting an attested copy thereof at the Town Administration Building, at the Post Office, and at least two public and conspicuous places in each precinct in the town, and at or in the immediate vicinity of the Swampscott Railroad Station. Said posting was done on September 28, 2001, and no less than 14 days before the date appointed for said meeting.
Attest: Paul Minsky
Constable of Swampscott
Mailing of Warrant:
The Warrants for the Special Town Meeting were mailed to Town Meeting members on September 28, 2001. Copies of the Warrant were also available, free of charge, for any interested person at the Town Administration Building.
NOTICE OF SPECIAL TOWN MEETING
MONDAY, OCTOBER 15, 2001, 7:15 P.M.
To the Town Meeting members:
Notice is hereby given in accordance with Article I, Section 2, of the Bylaws of the Town of Swampscott that a Special Town Meeting will be held on Monday, October 15, 2001, beginning at 7:15 p.m. in the auditorium of the Swampscott Middle School on Greenwood Avenue.
Meeting certifications:
I hereby certify that the Special Town Meeting of October 15, 2001 was held at the Swampscott Middle School auditorium on Greenwood Avenue and was called to order at 7:20 p.m. with the necessary quorum being present (240). At 10:28 p.m. is was voted to adjourn to October 16, 2001.
I hereby certify that in accordance with the adjournment of October 15, 2001, the Adjourned Special Town Meeting of October 15, 2001 was held at the Swampscott Middle School auditorium on Greenwood Avenue and was called to order at 7:27 p.m. with the necessary quorum being present (210). At 10:52 p.m. it was voted to dissolve the Special Town Meeting.
TOWN MEETING ACTION
After the Return of Service was read by Town Clerk Jack L. Paster, Reverend Dean Pederson of the First Church in Swampscott, Congregational, offered the invocation.
ACTION UNDER THE ARTICLES
ARTICLE 1. To hear and act on the reports of Town Officials, Boards and Committees.
Sponsored by the Board of Selectmen
Voted Article1. That comments offered by Carole Shutzer, chairman of the Board of Selectmen, recognizing the efforts of Swampscott resident Edward Seligman who worked tirelessly in the rescue effort at the World Trade Center in New York City following the September 11, 2001 acts of terrorism be accepted.
That the report of Moderator Martin C. Goldman on the Swampscott sesquicentennial celebration be accepted.
10/15/2001
Majority vote.
ARTICLE 2. To see if the Town will vote to appropriate the necessary funds, by borrowing or otherwise, for the following projects, or take any action relative thereto.
Sponsored by the Capital Improvements Committee
Project Appropriation ~
Police Department 40,000
New Heating System
Department of Public Works 100,000
Phillips Park Parking Lot Paving
School Department
Replace Exterior doors and windows 110,000
Suspended Ceiling Replacement 70,000
Window Shades 50,000
Recreation Department 30,000
Addition to Field House at Phillips Park
Council on Aging 25,000
General Repairs
Library 70,000
Replacement Palladian windows
Selectmen 20,000
Installing Traffic Signal at Burpee Road
Accountant 194,000
Network Town Hall, Police, Fire, Library, Senior Center, Town Hall Annex, High School backbone
TOTAL $709,000 ~ ~
Voted Article 2. That the Town appropriate the sum of $709,000 for the purposes specified in the Article; that each item be considered a separate appropriation; that the budgeted amount may only be spent for the stated purpose; further, that the Town Treasurer, with the approval of the Selectmen, be authorized to borrow this amount through the issuance of bonds or notes under the appropriate section of the Massachusetts General Laws, and that the Treasurer be authorized to combine the borrowing with any other borrowing authorized by Town Meeting.
10/15/2001
Unanimous vote.
Article 3. To see if the Town will vote to appropriate the necessary funds, by borrowing or otherwise, for the following projects, or take any action relative thereto.
Sponsored by the Capital Improvements Committee.
Project_______________________________________________Appropriation
Department of Public Works
Fish House Repair $100,000
Administration Building parking lot paving 25,000
Selectmen
Burpee Terrace drainage 250,000
Department of Public Works
Ingraham Terrace 100,000
Accountant
Acquire MUNIS System license to tie in school payroll 100,000
and billing
TOTAL $575,000
Voted Article 3. That action on this Article be postponed indefinitely.
10/15/2001
Majority Vote.
ARTICLE 4. To see if the Town will vote to transfer the care, custody, management and control of the land owned by the Town upon which the Swampscott Town Hall is located, described in a deed recorded with the Essex South District Registry of deeds at Book 3371, Page 211, to the Board of Selectmen for the purpose of granting an historic preservation restriction and to authorize the Board of Selectmen to grant an historic preservation restriction in accordance with the provisions of M.G.L. c.184, § 31-34 to the Commonwealth of Massachusetts through the Massachusetts Historical Commission, upon such terms and conditions as the Board of Selectmen shall determine to be appropriate, or take any action relative thereto.
Sponsored by the Board of Selectmen and the Historical Commission
Voted Article 4. That this Article be approved.
Unanimous Vote.
10/15/2001
ARTICLE 5. To see what action the Town will take in relation to the salaries of the Town Clerk-Collector and the Treasurer for Fiscal Year 2002, or take any action relative thereto.
Sponsored by Town Clerk-Collector and Treasurer Jack L. Paster
Voted Article 5. That action on this Article be postponed indefinitely.
Majority Vote.
10/16/2001
ARTICLE 6. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court to enact special legislation amending the Charter of the Town of Swampscott in the form set forth below, provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court, and authorizing the Board of Selectmen to approve amendments which shall be within the scope of the general public objectives of the petition:
An Act Relative to the Charter of the Town of Swampscott
Section 1. Notwithstanding the provisions of General Law Chapter 41, Section 1B, or any other general or special law to the contrary, the Charter of the Town of Swampscott, adopted pursuant to G.L. c. 43B, with an effective date of July 1, 1969, and including any amendments made thereto, is amended by inserting, after Chapter 6 of the Charter, the following new chapters:
Chapter 7
Board of Selectmen
SECTION 7-1: Duties
a) Powers and Duties in General - The board of selectmen shall
serve as the chief policy making agency of the town and shall be
responsible for the formulation and promulgation of policy directives and guidelines to be followed by all town agencies serving under it. The board of selectmen shall also be responsible for development and promulgation of policy guidelines for elected town officers and multiple member bodies not serving under the Board, in conjunction with those officers and bodies.
b) Licensing Authority - The board of selectmen shall be the
licensing board for the town and shall have power to issue licenses in
accordance with the provisions of the General Laws and town by-laws.
c) Appointment - The board of selectmen shall appoint a town
administrator, individuals who are to serve as representatives or delegates of the town to the governing or advisory boards of regional or district authorities, and such other town officials and members of multiple member bodies as provided for in Chapter 14 of the Charter.
d) Investigations - The board of selectmen may make, or may
authorize the town administrator to make, investigations into the affairs of the town and the conduct of any town agency. The report of the results of such investigation shall be placed on file in the office of the board of selectmen and a report summarizing the results of such investigation shall be printed in the next annual town report.
e) Contracts - The board of selectmen shall be the signatory
authority for all contracts within its jurisdiction as provided for in the General Laws, town by-laws, by vote of Town Meeting, or otherwise.
Chapter 8
Town Administrator
SECTION 8-1: Appointment; Qualifications; Term
The board of selectmen shall appoint a town administrator from a list prepared by a screening committee. The board of selectmen shall
appoint the town administrator to serve for a renewable contract not to exceed five years and shall fix the compensation for such person annually within the amount appropriated by town meeting. The town administrator shall be appointed solely on the basis of demonstrated executive and administrative qualifications. The town administrator shall be a person especially fitted by education, training and previous experience in public and/or business administration to perform the duties of the office. A town administrator need not be a resident of the town. The town administrator shall not have served in an elective office in the town of Swampscott government for at least twelve (12) months prior to appointment, with the exception of town meeting member. The members of the 2001 Town Government Study Committee shall not be eligible
for appointment as the first Swampscott Town Administrator.
The town administrator shall devote full time to the office and
shall not hold any other public office, elective or appointive, nor engage in any other business or occupation during such service, unless such action is approved in advance and in writing by the board of selectmen.
The board of selectmen shall provide for a semi-annual review of the job performance of the town administrator in the first year and
annually thereafter, which shall, at least in summary form be a public
record. The town administrator's review would be a public record subject to mandatory disclosure.
Any vacancy in the office of the town administrator shall be filled as soon as possible by the board of selectmen, and in the interim they shall appoint a qualified town administrative officer or employee to serve as a temporary town administrator to perform the duties of the office. Such temporary appointment may not exceed three (3) months, but one renewal may be voted by the board of selectman to extend for a second three (3) months. Compensation for such person shall be set by the board of selectmen.
SECTION 8-2: Powers and Duties
The town administrator shall be the chief administrative and
financial officer of the town, directly responsible to the board of
selectmen for the administration of all town affairs not specifically
reserved to another elected body. The powers and duties of the town
administrator shall include, but are not intended to be limited to, the
following:
a) To supervise, direct and be responsible for the efficient
administration of all functions and activities for which the office of town administrator is given authority, responsibility or control by the town charter, by-laws, by town meeting vote, by vote of the board of selectmen, or otherwise.
b) To recommend for appointment and in appropriate circumstances to remove and/or discipline subject to the provisions of civil service law and any collective bargaining agreements as may be applicable, all department heads, officials and employees for whom no other method of selection or discipline is provided. Such recommendations for appointments and/or removals become effective upon approval of the majority of the Board of Selectmen based upon the recommendation of the Town Administrator.
c) To be entrusted with the administration of a town personnel
system, exclusive of the school department, including but not limited to personnel policies and practices, rules and regulations, including
provisions for an annual employee performance review, personnel by-law and collective bargaining agreements entered into by the town. The town
administrator shall also prepare and keep current a plan establishing the personnel staffing requirements for each town department.
d) To attend all regular and special meetings of the Board of
Selectmen, and other meetings deemed appropriate by the Board of Selectmen unless unavailable for reasonable cause, and shall have a voice, but not vote, in all of its proceedings.
e) To assure that full and complete records of the financial and administrative activities of the town are kept and to render as often as may be required by the board of selectmen, but not less than once in each year, a full report of all town financial and administrative operations during the period reported on, which report shall be made available to the public.
f) To keep the board of selectmen fully advised as to the needs of the town and shall recommend to the board of selectmen and to other elected town officers and agencies for adoption such measures requiring action by them or by the town meeting as the town administrator may deem necessary or expedient.
g) To have full jurisdiction over the rental and use of all town facilities and property except school property. The town administrator shall be responsible for the maintenance and repair of all town buildings and facilities placed under the town administrator's control by by-law or by vote of the town or otherwise.
h) To prepare and present each year a balanced annual operating
budget for the town and a proposed capital outlay program for the five
fiscal years next ensuing in accordance with existing by-laws.
i) To assure that an inventory of property of the town, both real and personal, is kept, including property within the jurisdiction of the school committee, in accordance with generally accepted government accounting principles.
j) To negotiate all contracts involving any subject within the
jurisdiction of the office of town administrator, including contracts with town employees, except employees of the school department, involving wages, hours and other terms and conditions of employment.
k) To be responsible for purchasing all supplies, material, and
equipment for all departments and activities of the town, but not including food for schools, school books, and other instructional material, supplies and equipment, unless otherwise specifically requested by the school committee. The town administrator shall examine, or cause to be examined, the quantity, quality and condition of all supplies, material and equipment delivered to or received by any town department, except schools. The town administrator shall be responsible for the disposal of all supplies, material and equipment which have been declared surplus by any town agency. The town administrator, or his or her designee, shall be the chief procurement officer for the town.
l) To see that all of the provisions of the general laws, the
town's charter and by-laws and other votes of the town meeting, and votes of the board of selectmen, or other elected boards that the town
administrator has operational jurisdiction over, which require enforcement by the town administrator or other officials subject to the direction and supervision of the town administrator are faithfully executed, performed or otherwise carried out.
m) To inquire, at any time, into the conduct of office or
performance of duties of any official or employee, department, board,
commission or other town agency, excluding schools.
n) To attend all sessions of all town meetings and answer all
questions raised by voters which relate to warrant articles and to matters over which the town administrator exercises any supervision.
o) To recommend to the board of selectmen, who are granted the
authority to make such changes upon majority vote, the reorganization,
consolidation or abolishment of town departments or agencies serving under the supervision of the town administrator, in whole, or in part, provide for new departments or agencies, and/or providing and/or to recommend providing, for a reassignment of powers, duties and responsibilities among such departments or agencies so established or existing.
p) To coordinate the activities of all town departments or agencies serving under the office of the town administrator and the office of the board of selectman with those under the control of other officials and multiple member bodies elected directly by the voters. For this purpose, the town administrator shall have authority to require the persons so elected or their representatives, to meet with the town administrator at reasonable times, for the purpose of effecting coordination and cooperation among all departments or agencies of the town.
q) To perform any other duties as are required to be performed by the town administrator by by-laws, administrative code, votes of the town meeting, or votes of the board of selectmen, or otherwise.
SECTION 8-3: Acting Town Administrator
a) Temporary absence - By letter filed with the town clerk, the
town administrator shall recommend a qualified town administrative officer or employee who, with the approval of the board of selectmen, shall exercise the powers and perform the duties of town administrator during a temporary absence. During a temporary absence the board of selectmen may not revoke such designation until at least ten (10) working days have elapsed, whereupon it may appoint another qualified town administrative officer or employee to serve until the town administrator shall return.
b) Vacancy - Any vacancy in the office of town administrator shall be filled as soon as possible by the board of selectmen, but, pending such regular appointment the board of selectmen shall appoint a qualified town administrative officer or employee to perform the duties of the office on an acting basis.
c) Powers and Duties - The powers of a temporary or acting town
administrator under (a) and (b) above shall be limited to matters not
admitting of delay and shall include authority to make temporary, emergency appointments or designations to town office or employment but not to make permanent appointments or designations.
SECTION 8-4: Removal and Suspension
The board of selectmen may, by a minimum vote of four of its
members, terminate and remove, or suspend, the town administrator from
office in accordance with the following procedure:
a) The board of selectman shall adopt a preliminary resolution of removal by a minimum vote of four of its members which must state the reason or reasons for removal. This preliminary resolution may suspend the town administrator for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered in hand or by certified mail, return receipt requested, to the town administrator.
b) Within five (5) days after receipt of the preliminary resolution the town administrator may request a public hearing by filing a written request for such a hearing with the board of selectmen. This hearing shall be held at a meeting of the board of selectmen not later than thirty (30) days after the request is filed nor earlier than twenty (20) days. The town administrator may file a written statement responding to the reasons stated in the resolution of removal with the board of selectmen provided the same is received at its office more than forty-eight (48) hours in advance of the public hearing.
c) The board of selectman may adopt a final resolution of removal, which may be made effective immediately, by the affirmative vote of at least four of its members not less than ten (10) nor more than twenty-one (21) days following the delivery of the preliminary resolution to the town administrator, if the town administrator has not requested a public hearing; or within ten (10) days following the close of the public hearing if the town administrator has requested one. Failure to adopt a final resolution of removal within the time periods as provided in this section shall nullify the preliminary resolution of removal and the administrator shall, at the expiration of said time, forthwith resume duties of the office. The town administrator will continue to receive full pay and
benefits until the adoption of a final resolution by the board of selectmen.
The action of the board of selectmen in suspending or removing the town administrator shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal in the board of selectmen.
Chapter 9
Finance and Fiscal Procedures
SECTION 9-1: Fiscal Year
The fiscal year of the town shall begin on the first day of July and shall end on the last day of June, unless another period is required by general law.
SECTION 9-2: School Committee Budget
Submission to Town Administrator - The budget for the ensuing
fiscal year as adopted by the school committee shall be submitted to the town administrator in sufficient time, but no later than February 15, to enable the town administrator to consider the effect of the school department's requested appropriation upon the total town operating budget which is required to be submitted under this chapter.
SECTION 9-3: Submission of Budget and Budget Summary
Within the time fixed by by-law, before the town meeting is to
convene, the town administrator, after consultation with the board of
selectmen, shall submit to the board of selectmen a proposed town operating budget for the ensuing fiscal year with an accompanying budget summary and supporting analysis. The proposed operating budget, summary and supporting analysis shall be based, in part, on annual departmental appropriation requests received by the town administrator, who shall provide copies of the same, within seven days of receipt, to the finance committee. Complete copies of the proposed operating budget shall be available for examination by the public. The board of selectmen shall by a majority vote approve a balanced budget and submit said budget to the finance committee no later than the first day of March for the ensuing fiscal year.
SECTION 9-4: Budget Summary
The budget summary prepared by the town administrator shall explain the budget for all town departments both in fiscal terms and in terms of work programs. It shall describe important features of the budget, indicate any major variations from the current year in financial policies, expenditures and revenues together with the reasons for such variations, summarize the town's debt position and include other materials as the town administrator deems desirable, or the board of selectman may reasonably require.
SECTION 9-5: The Budget
The proposed operating budget shall provide a complete financial plan for all town funds and activities for the ensuing fiscal year. The budget shall include supplemental information showing in detail all estimated income from the proposed property tax levy and other sources and all proposed expenditures, including debt service, for the following year. Supplemental information shall be arranged to show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections:
a) Proposed expenditures for current and new operations during the ensuing fiscal year, detailed by town department and position in terms of work programs, and the method of financing such expenditures.
b) Proposed capital expenditures for current operations during the ensuing fiscal year, detailed by town department, and the proposed methods of financing each such capital expenditure; and
c) Estimated surplus revenue and free cash at the end of the
current fiscal year, as well as estimated balances in any special accounts established for specific purposes.
SECTION 9-6: Action on the Budget
a) Action by Town Meeting - Upon receipt of the proposed operating budget approved by the selectmen, the finance committee may review, investigate or and/or amend the proposal as it deems necessary and appropriate. The finance committee budget proposal, as amended, shall be placed before town meeting for its approval, subject to further amendments from the floor. Supplemental budget information including, but not limited to, the budget summary, income and expense projections, program descriptions shall also be available to town meeting for its approval. Supplemental budget information is not subject to town meeting approval.
SECTION 9-7: Capital Improvement Program
The capital improvement committee shall recommend a capital
improvement program to the town administrator by February 1, including:
a) a clear and concise summary of its contents;
b) proposed capital expenditures for the ensuing year;
c) a five year capital improvement plan with supporting information as to the need, cost and method of financing for each projected capital expenditure.
The town administrator shall serve as an ex-officio non-voting
member of the capital improvement committee, providing technical assistance when necessary.
SECTION 9-8: Approval of Warrants
The town administrator shall be the chief fiscal officer of the
town. Warrants for the payment of town funds prepared by the town
accountant in accordance with the provisions of the general laws shall be submitted to the town administrator. The approval of any such warrant by the town administrator shall authorize payment by the town treasurer, but the board of selectmen shall approve all warrants in the event of the absence of the town administrator or a vacancy in the office of town administrator.
SECTION 9-9: Annual Financial Forecast
The town administrator shall report to the board of selectmen, the finance committee, and the school committee no later than November 15 of each year and present a financial forecast for the next fiscal year detailing anticipated revenues, transfers and expenditures.
SECTION 9-10: Five-Year Budget Plan
The town administrator shall submit as supplemental information to town meeting a five-year budget plan detailing anticipated revenues and expenditures.
Chapter 10
Transitional Provisions
SECTION 10-1: Time of Taking Effect
a) Screening Committee - Forthwith following the election at which this change is adopted, a screening committee shall be established for the purpose of soliciting, receiving, and evaluating applications for the position of town administrator.
The screening committee shall consist of five (5) persons who shall be chosen as follows: one member or designee of the board of selectmen, the school committee, the finance committee, and two elected town meeting members appointed by the town moderator. Persons designated by the said agencies may, but need not, be members of the agency by which they are designated. Appointments made by the town moderator shall be made last in time in order that in making appointments the moderator may, insofar as it may be feasible so to do, appoint persons who will broaden the membership base of the committee to be most representative of the demographic and occupational base of the town.
Not more than thirty (30) days following the election at which this is adopted, the several persons chosen as aforesaid shall meet to organize and to plan a process to advertise the vacancy and to solicit by other means candidates for the office. The committee shall proceed notwithstanding the failure of any town agency to designate its representatives.
The screening committee shall review all applications received by it, screen all applicants by checking and verifying work records and
other credentials, and interview such number of candidates as it deems
necessary, desirable or expedient. If, in the sole judgment of the screening committee, there are no candidates deemed acceptable then the screening committee shall report to the board of selectmen and request that the advertising and solicitation process be reinstituted.
Not more than ninety (90) days following the date on which the
committee meets to organize, the committee shall submit to the board of
selectmen the names of not less than three (3) and not more than five (5)persons whom it believes to be best suited to perform the duties of the office of town administrator. The selectmen may, upon a majority vote of the screening committee, grant an extension to the 90 day period, said extension not to exceed 30 days. The board of selectmen may only grant two 30-day extensions.
Within thirty (30) days following the date the list of nominees is submitted to it, the Board of Selectmen shall choose, by the affirmative vote of at least three of its members, one of the said nominees to serve as town administrator. If the Board of Selectmen does not select one of these finalists, the process shall commence again beginning with the advertising of a vacancy and solicitation of candidates.
Upon the appointment of a town administrator the committee
established hereunder shall be considered discharged.
Until such time as some other provision is made by by-law for
another screening committee, a committee as above shall be established
whenever the office of town administrator shall become vacant.
b) Town Administrator Qualifications - Until such time as the town meeting may act, by by-law, to establish different qualifications for the office, the town administrator shall have the following specific qualifications:
1)have at least a Master’s degree from a recognized, accredited college or university. Such degree shall be in a relevant discipline. Three additional years of experience as defined in Section 10-1-b-2 and a Bachelor’s degree from a recognized, accredited college or university may also meet the minimum educational requirements for this position;
2) have preferably served full time as an administrative officer of a city or town for not less than three (3) years, or have demonstrated executive, management and administrative qualifications and be fitted by education, training and previous experience in the public or private sector.
SECTION 10-2: Board of Public Works
a) The elected board of public works shall be eliminated and the terms of the elected members of the board shall cease upon acceptance of this charter amendment by the voters.
b) There shall be a department of public works with a
superintendent of public works serving as department head. The board of
selectmen shall be responsible for establishing and setting policy with
regard to public works matters.
c) There shall be a three (3) person Board of Public Works, appointed by the Selectmen. The duties, responsibilities and authority of this Board shall be established by the Selectmen.
SECTION 10-3: Town Treasurer/Collector/Clerk
a) The term of the elected incumbent of the offices of the town
treasurer/collector/clerk shall terminate at the time this charter
amendment is adopted by the voters, however, at that time such incumbent shall be deemed to have been appointed to the combined appointed treasurer/collector/clerk position through June 30, 2004. The first appointee to the position of treasurer/collector/clerk shall receive the salaries of the existing fiscal year (FY 02) appropriation for the elected positions of treasurer/collector/clerk and such other amount as town Meeting may appropriate therefore.
Chapter 11
Board of Assessors
SECTION 11-1: Composition, Term of Office
There shall be an elected board of assessors consisting of three members, for terms of three years each, so arranged so that the term of office of one member shall expire each year.
SECTION 11-2: Powers and Duties
The elected board of assessors shall annually make a valuation of all property, both real and personal within the town. It shall have all the powers and duties given to a board of assessors under the constitution and general laws of the Commonwealth, and such addition of powers and duties as may be authorized by the charter, by by-law or by other town meeting vote. In addition, the board of assessors may advise the assessing department, when warranted, on all other matters.
SECTION 11-3: Appointment of Full- or Part-Time Assistant Assessors
Full- or part-time assistant assessors shall be appointed in the following manner: The board of assessors shall serve as a screening
committee. The board of assessors shall review all applications received by it, screen all such applications by checking and verifying work records and other credentials of the applicants. The board of assessors shall recommend not less than two applicants to the town administrator for appointment. The town administrator shall recommend and the board of selectmen shall appoint from among the applicants recommended by the board of assessors the position of full or part-time assistant assessors.
Chapter 12
Board of Health
SECTION 12-1: Composition, Term of Office
There shall be an elected board of health consisting of three
members for terms of three years each, so arranged that the term of office of one member shall expire each year.
SECTION 12-2: Powers and Duties
The board of health shall be responsible for advising the town
administrator and board of selectmen on all aspects relating to health
issues. The board of health shall have all the powers and duties given to a board of health under the constitution and general laws of the
Commonwealth, and such addition of powers and duties as may be authorized by the charter, by by-law or by other town meeting vote. In addition, the board of health may advise the health department, when warranted, on all other matters.
SECTION 12-3: Appointment of Health Agent
The health agent shall be a person especially fitted by education, training, or previous experience to perform the duties of the office. The health agent shall be appointed in the following manner: The elected board of health shall serve as a screening committee. The board of health shall review all applications received by it, screen all such applications by checking and verifying work records and other credentials of the applicants. The board of health shall recommend not less than two applicants to the town administrator for appointment. The town administrator shall recommend and the board of selectmen shall appoint from among the applicants recommended by the board of health the position of health agent.
Chapter 13
Library Trustees
SECTION 13-1: Composition, Term of Office
There shall be an elected board of library trustees consisting of three members, for terms of three years each, so arranged so that the term of office of one member shall expire each year. In addition, the board of library trustees may advise the library department, when warranted, on all other matters.
SECTION 13-2: Powers and Duties
The library trustees shall have all the powers and duties given to a board of library trustees under the constitution and general laws of the Commonwealth, and such addition of powers and duties as may be authorized by the charter, by by-law or by other town meeting vote.
SECTION 13-3: Appointment of Head Librarian
The head librarian shall be appointed in the following manner: The elected board of library trustees shall serve as a screening committee. The board of library trustees shall review all applications received by it, screen all such applications by checking and verifying work records and other credentials of the applicants. The board of library trustees shall recommend not less than two applicants to the town administrator for appointment. The town administrator shall recommend and the board of selectmen shall appoint from among the applicants recommended by the library trustees the position of head librarian.
Chapter 14
Appointment Summary
SECTION 14-1: The board of selectmen shall have the right to appoint the following:
town administrator;
conservation commission to consist of seven members appointed for terms of three years each;
zoning board of appeals to consist of five regular members, appointed for terms of five years each, and two associate members, appointed for terms of two years each;
council on aging, as provided by by-law;
cable television oversight committee;
constables;
arts lottery council;
Swampscott Historical Commission;
building code board of appeals;
harbor advisory board;
recreation commission;
an affirmative action committee;
4th of July committee;
Veteran's Day committee;
Memorial Day committee;
War Memorial Scholarship Fund committee;
an election commission;
and any other committee not referred to in this charter and which town
meeting and/or the board of selectmen deem appropriate.
SECTION 14-2: The town administrator shall recommend and the board of
selectmen shall appoint from among the applicants recommended by the town administrator, the following:
superintendent of public works and all other employees of a department of public works;
police chief and all other employees of the police department;
fire chief and all other employees of the fire department;
town accountant and all other employees of that office;
inspector of buildings and all other employees of that office;
wire inspector and all other employees of that office;
inspector of gas appliances and gas fittings and all other employees of
that office;
plumbing inspector and all other employees of that office;
animal control officer and all other employees of that office;
sealer of weights and measures and all other employees of that office;
parking clerk and all other employees of that office;
town counsel and all other employees of that office;
town engineer and all other employees of that office;
tree warden and all other employees of that office;
veteran's services director, veteran's agent, veteran's graves officer and burial agent and all other employees of that office;
health agent, animal inspector and other personnel of the department of
health and all other employees of that office;
town treasurer/collector/clerk and all other employees of that office;
civil defense director and related civil defense personnel and all other employees of that office;
full or part-time assistant assessors and all other employees of that
office;
head librarian and all other employees of that office;
the harbor master and all other employees of that office;
and any other non-school employees not previously addressed.
Chapter 15
Annual Town Meeting Date
Section 15-1 Annual Town Meeting
The annual town meeting shall commence on the third Monday of May each year.
Chapter 16
Continuation of Government
SECTION 16-1 Continuation of Government
All town agencies shall continue to perform their duties until
reappointed, reelected or until successors to their respective positions are duly appointed or elected, or their duties have been transferred and assumed by another town agency in accordance with the provisions of this charter.
EFFECTIVE DATE: The effective date of this amendment will be July 1, 2002.
Chapter 17
Review Committee to be appointed
SECTION 17-1 Review Committee to be appointed
The town moderator shall appoint a committee consisting of one
member of each of six precincts and one member at large which shall prepare a report to be presented at the annual town meeting four (4) years after the enactment of these articles of amendment to the town charter. The review committee will have the power to make any recommendations deemed necessary in the interest of good town government.
Section 2. This Act shall be presented to the voters of the Town for acceptance at a regular or special Town Election. The Board of Selectmen shall place the following binding question on the ballot:
Shall an act passed by the General Court entitled, “An Act Relative to the Charter of the Town of Swampscott” be accepted?
If a majority of the votes cast in answer to said question is in the affirmative, Section 1 of this act shall thereafter take full effect, but not otherwise.
Voted Article 6. That this article be approved.
Majority Vote.
10/16/2001
ARTICLE 7. To see if the Town will vote to appropriate and raise, by borrowing or otherwise, under any general or special law which authorizes the Town to raise money, by borrowing or otherwise, such sums of money as may be necessary for any and all of the purposes mentioned in the foregoing articles.
Sponsored by the Board of Selectmen
Voted Article 7. That action on this Article be postponed indefinitely.
Majority Vote.
10/16/2001
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