A Report On The Charter of The Town of Dracut.11.27.12

***DRAFT***
A Report on the
Charter of the Town
of Dracut,
Massachusetts
EDWARD J. COLLINS, JR. CENTER FOR PUBLIC
MANAGEMENT
November 2012
(rev 11.27.12)
EXECUTIVE SUMMARY
At the request of the Board of Selectmen, the Collins Center has undertaken this review
of the 1985 Dracut Home Rule Charter. This report breaks down issues and
recommendations into three categories: (1) policy or substantive issues and
recommendations, (2) technical or legal issues and recommendations, and (3)
formatting, grammatical, and typographical issues and recommendations. After
presenting some general observations on the existing charter and some big picture
issues, this report goes through go through the charter by article, raising items as they
appear in the text.
For a charter review project, the Center team believes it is important to come to a
general understanding of the characteristics of a town. From a demographic standpoint,
Dracut appears to be relatively stable. Most interviewees cited the Towns relatively low
taxes and spending as a reason why people locate in the community, and they noted that
this was both an asset and a liability. A recurring theme among interviews was a wish
that a way could be found to expand the commercial tax base, but also that this was
unlikely in the near future. At the same time, there was a sense of pride about how the
Town has maintained its rural character. In terms of the current governance and
operations of the Town, there was a sense that the Town was generally doing good work
in a difficult financial situation. The overarching issue of concern was that the current
state of affairs was unlikely to last. In particular, Center staff were made aware of some
level of anxiety about the upcoming retirement of the Town Manager. The incumbent has
been in office since shortly after the current charter was adopted, and this Charter
provides significant authority to the position. Given that the Towns operations have been
relatively stable during that time, there is concern about how a new Town Manager
lacking the institutional knowledge and accrued trust will fare under the charter.
Based on the above understanding of the current state of the Town and likely future
changes, the Center team believes that the 1985 Home Rule Charter of the Town is
fundamentally sound as the foundational document for Dracuts form of government. The
evidence supporting this claim comes from a variety of sources: (1) from the direct
interviews Center staff conducted with Town elected and appointed officials, (2) from the
professional judgment of Center staff after reviewing the document text, and (3) from the
general stability of the Towns governance and the lack of major issues that have
appeared since the documents adoption.
Despite this positive starting point, Center staff did identify plenty of areas for potential
review and improvement in the charter. These areas for review are mostly narrow topics
and the suggested recommendations are generally not radical. (As several interviewees
described it, what the Charter needs is some tweaking.) Nevertheless, the importance
of dealing with the issues raised herein shouldnt be underestimated.
At the same time, while the majority opinion seemed to reflect a desire to maintain
Dracuts current form of government and to tweak the current document, it is
important to note that a minority opinion of those interviewed was that the Town should
consider a more radical change to its form of government. This view is given
consideration in the General Observations and Overview of Charter section of the report.
The specific issues raised and recommendations provided in the main sections of this
report relate to a wide range of topics across the charter and Town operations.
Dracut Charter Review
Page 1
Finally, given the typographical and formatting issues encountered during this process,
the Center recommends maintaining a single, updated, clean pdf version of the charter
on the Towns website once the charter review and revision process is complete. The
Clerks office should maintain that same document in multiple electronic formats, in
addition to hard copies.
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TABLE OF CONTENTS
Executive Summary
Page 1
Table of Contents
Page 2
Background
Page 3
General Observations and Overview of Charter

Page 4
Review of Text:
Page 8
Preamble
Page 8
Article 1: Existence and Authority
Page 9
Article 2: Town Meeting
Page 12
Article 3: Elected and Appointed Officers
Page 22
Article
Article
Article
Article
Article
4:
5:
6:
7:
8:
Town Manager
Administrative Organization
Finances and Fiscal Procedures
General Provisions
Transitional Provisions
Page 31
Page 38
Page 44
Page 51
Page 61
Miscellaneous Policy Recommendations

Methodology
Page 63
Appendix
Page 62
Page 64
Page 3
BACKGROUND
At the request of the Board of Selectmen (Board), the Edward J. Collins, Jr. Center for
Public Management at UMass Boston (Center) has undertaken this review of the 1985
Dracut Home Rule Charter in order to make recommendations on what revisions might
improve it and on the process to achieve those revisions.
This report breaks down issues and recommendations into three categories: (1) policy or
substantive issues and recommendations, (2) technical or legal issues and
recommendations, and (3) formatting, grammatical, and typographical issues and
recommendations. It is important to note that the Centers expertise centers on the
policy implications of decisions in charters. Although the Center has expertise in the legal
and technical aspects of charters, Center staff defer to the Towns legal counsel on
strictly legal matters.
After presenting some general observations on the existing Charter and some big picture
issues, this report goes through go through the charter by article, raising items as they
appear in the text. For convenience, each item raised will be labeled Policy,
Technical, or Formatting or Typographical, respectively.
The initial version of the charter document provided by the Town and used for review and
editing was titled Charter Scanned (6-1-2012) Edit3.doc. Given that this appeared to be
a document have been created using optical character recognition (OCR), it is possible
that the typographical issues noted were introduced during the scanning process and
were not in the actual 1985 document. To try to compensate for this, the Center
requested another version for cross-checking, and a differently-formatted version with
the file name DRACUT.doc was provided. While this version appears to have fewer
typographical issues, it is likely that it too was at one point derived from a version
scanned using OCR. The typographical issues it contains appear different than those of
the prior version. These two versions together were used as the basis of the text to be
reviewed. In this report, Charter Scanned (6-1-2012) Edit3.doc will be referred to as
version (a) and DRACUT.doc will be referred to as version (b) when differences need to
be noted. The actual text appearing at the beginning of each section of this report
(italicized and indented) is taken from version (a) unless otherwise noted.
Once the charter review and revision process is complete, the Center recommends
maintaining a single, updated, clean pdf version of the charter on the Towns website.
The Clerks office should maintain that same document in multiple electronic formats, in
addition to hard copies.
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GENERAL OBSERVATIONS AND OVERVIEW OF CHARTER

General Observations
For a charter review project, the Center team believes it is important to come to a
general understanding of the characteristics of a town its strengths, its weaknesses, the
challenges it faces, etc. To get at some of these items, the Center team asks general
questions during interviews with Town officials. From these questions, the Center has
built a very basic understanding of the situation facing Dracut that provides the context
for this project.
From a demographic standpoint, the Town appears to be relatively stable. None of the
interviewees seemed to feel that the Town was poised for significant population growth
(or decrease) in the near future, and none of the interviewees saw a major change in the
composition of the Towns population ahead. There was some sense that the Towns
senior population may be growing, but this was not uniform. School enrollment appears
to have declined slightly before leveling off, and there is no indication that big changes
are coming.
Most interviewees cited the Towns relatively low taxes and spending as a reason why
people locate in the community, and they noted that this was both an asset and a
liability. A recurring theme among interviews was a wish that a way could be found to
expand the commercial tax base as a way of both generating additional revenue and
relieving some of the burden from the residential taxes, but also that this was unlikely in
the near future. The Towns lack of access to a major highway, combined with a
deficiency in certain kinds of infrastructure (e.g., sewer in some areas), was often
repeated as significant obstacles to commercial growth.
At the same time, there was a sense of pride among many interviews about how the
Town has done in maintaining its rural character.
In terms of the current governance and operations of the Town, there was a sense that
the Town was generally doing good work in a very difficult financial situation. There was
frequent praise for the management of the Town and for the cooperation between
management and departments, as well as among the departments themselves.
Department heads were generally full of praise for their counterparts and the services
they worked to provide for the taxpayer dollars they received.
Moreover, most interviewees felt that the Towns annual budget process generally went
quite smoothly, which is certainly not the case in many towns around the
Commonwealth. Finally, there was a sense of optimism that a move into a new building
could contribute to improvement in communication.
The overarching issue of concern was that the current state of affairs was unlikely to last.
This is due to an impending wave of retirements among Town department heads and
management that several interviewees saw on the horizon.
In particular, Center staff were made aware of some level of anxiety in the Town about
the upcoming retirement of the Town Manager. The incumbent Town Manager has been in
office since shortly after the current Charter was adopted, and this Charter provides
significant authority to the Town Managers position. Given that the Towns operations
have been relatively stable during that time, there is concern about how a new Town
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Manager lacking the institutional knowledge and accrued trust will fare under the
Charter. Obviously, there is no way to know the answer. As it relates to this project, it is
simply worth keeping in mind that a new person will be taking the reins in the near future
and that the Charter should provide enough guidance that stability continues beyond the
change in the position.
Overview of Charter
Based on the above understanding of the current state of the Town and likely future
changes, the Center team believes that the 1985 Home Rule Charter of the Town is
fundamentally sound as the foundational document for Dracuts form of government. The
evidence supporting this claim comes from a variety of sources: (1) from the direct
interviews Center staff conducted with Town elected and appointed officials, (2) from the
professional judgment of Center staff after reviewing the document text, and (3) from the
general stability of the Towns governance and the lack of major issues that have
appeared since the documents adoption.
Passed on May 6, 1985, the Dracut Charter is one of the newer charters that the Center
has been asked to review. For that reason, it already incorporated many of the modern
municipal management practices and concepts that are often lacking in charters written
earlier in the 20th century or in prior centuries.
Despite this positive starting point, Center staff did identify plenty of areas for potential
review and improvement in the Charter. These areas for review are mostly narrow topics
and the suggested recommendations are generally not radical. (As several interviewees
described it, what the Charter needs is some tweaking.) Nevertheless, the importance
of dealing with the issues raised herein shouldnt be underestimated.
At the same time, while the majority opinion seemed to reflect a desire to maintain
Dracuts current form of government and to tweak the current document, it is
important to note that a minority opinion of those interviewed was that the Town should
consider a more radical change to its form of government. Before proceeding with the
main reports review and analysis of issues in the current Charter, the Center considers it
important to address that in this report.
In terms of considering the primary forms of government in Massachusetts, the most
basic distinction is between city and town. The legal distinction between the two is the
form of the legislative branch. In towns, the legislative branch is a form of town meeting.
In cities, the legislative branch is always a city council, although that can go by one of a
variety of different names.
Within the city and town forms, it is possible to categorize each further. The city form can
be divided by the form of its executive branch. The two forms are a Council-Manager
form of government, where the executive branch is headed by a Manager appointed by
the Council, and a Mayor-Council form, where the executive is an elected Mayor.
The town form can be further divided by the form of its legislative branch (i.e., town
meeting) into open town meeting and representative town meeting. (The head of the
executive branch in towns is always a Board of Selectmen, although the powers and
duties that the Board can have may vary significantly, depending on how much authority
and responsibility a Town shifts from the Board to an appointed Town Manager or Town
Page 6
Administrator that the Board appoints through a charter, special act, or bylaws.) Bringing
this all together, most cities and towns in Massachusetts can be described by one of the
four forms appearing in the chart below.
Dracuts charter gives it an open town meeting form of government. This form of
government has existed for over 350 years in Massachusetts and is often considered one
of the purest forms of direct democracy in the world in that it gives all registered voters
the opportunity to legislate directly. At the same time, it is often argued that, due to the
infrequency, unpredictability, and general unwieldiness of open town meeting, it is not an
effective or efficient way to manage the operations of a complex entity like a large town
government.
Of the roughly 260 Massachusetts towns with an open town meeting form of government,
Dracut is the second largest by population. (Interestingly, the four open town meeting
towns with the greatest populations are all contiguous, with the other three being
Andover, North Andover, Tewksbury.) The mean population for towns with open town
meeting is just over 8,000, and the median population is about 6,500, although it is
worth noting that there are 121 towns with populations under 6,000, and that the
Massachusetts Constitution requires those towns with populations under 6,000 to have
open town meeting as their legislative branch. Some interviewees felt that the
complexity of managing operations as complicated as Dracuts had grown beyond the
capacity of an open town meeting form of government to manage. Certainly, where
Dracut sits population-wise among towns with open town meeting provides at least
indirect evidence that towns in other parts of the Commonwealth have concurred with
that opinion.
If the Town were to move away from open town meeting as its legislative branch, it could
remain a town and adopt a representative town meeting legislative branch, or it could
convert to a city form of government and create a council as its legislative branch. If it
went with the representative town meeting approach, the elected town meeting could
range in size from 50 to 400, and the executive would still be headed by a Board of
Selectmen. (It may be worth noting that no Massachusetts town has moved to a
representative town meeting form of government since 1989, and about a dozen have
abandoned it.) If the town wanted to convert to a city form of government, its legislative
branch would cease to be town meeting and would become a council (which could go by
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the name of City Council, Board of Aldermen, Common Council, Municipal Council, etc.).
The smallest council in Massachusetts is seven and the largest is 24, and any odd
number within that range could be reasonably considered. At the same time, the Board of
Selectmen would be dissolved, and the Town Manager would become a City Manager and
would report to the Council instead of the Board.
Shifting from the legislative to the executive, the other important feature of Dracuts
form of government is that its executive branch includes a strong Town Manager in
charge of day-to-day operations and reporting to the Board of Selectmen. (As noted, the
executive branch of every Massachusetts town is headed by a Board of Selectmen, with
the exception of the 20 or so city known as the town of municipalities in
Massachusetts. In these cases, a municipality has been permitted to continue calling
itself a town even though it operates under a city form of government.) Because there
is so much variability among how the authorities and responsibilities of the executive are
allocated between Boards of Selectmen and Town Managers, Town Administrators, Town
Coordinators, etc., it is harder to pinpoint how Dracut compares on this feature.
The best proxy for determining how those authorities are allocated is the title of the
manager hired by the Board of Selectmen. The two most common titles among all but
the smallest towns are Town Administrator and Town Manager. Typically, Town Managers
have more authorities and responsibilities than Town Administrators, but there is no legal
distinction between the two, and there are some Town Administrators with significant
authority and responsibility and some Town Managers with less than one would typically
expect. Using this imperfect proxy, there are roughly 60 towns that employ someone with
the title Town Manager. Of those, Dracut is the 11 th largest by population. The average
population of this group is about 20,000, and the median population is about 17,000.
It is worth noting that the level and coherence of a Town Manager or Town Administrators
authority and responsibilities can be a significant factor in attracting top candidates to
the position. More experienced applicants tend to seek positions whose authority and
duties provide the tools for the person in the position to manage the municipal
government effectively. It is both because of the recognition of the importance of aligning
authority and responsibilities and because of the awareness of how that affects
recruitment that more and more towns are increasing the powers and responsibilities of
their Town Administrator and Town Manager positions. For that reason, it would be an
unusual if not unprecedented step in Massachusetts for Dracut to restructure the Town
Managers position in a way that significantly reduced its responsibilities and duties.
If Dracut were to move to a City, it could simply convert the Town Manager to a City
Manager reporting to the City Council, as previously noted, or it could consider an elected
Mayor as the head of the executive. It is worth noting that even among those
interviewees who expressed an interest in a change in the Towns form of government,
there was no discernible interest in having a Mayoral form of government.
One final structural issue that was briefly raised but quickly dismissed was the issue of
the Dracut Water Supply District, which is an entirely independent government entity
outside the jurisdiction of the Town of Dracut. The occasional question was raised about
the efficacy of having an entirely independent government entity providing the water for
some of the Town (but not the full Town). It was also noted that the district lines are not
well-aligned with the voting lines, so that some people receive and pay for water from
the Kenwood Water Department but are able to vote for the Dracut Water Supply District,
while others receive water from the District but are unable to vote in the elections that
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determine who governs it. Regardless of these challenges, there seemed to be no

interest in taking on this issue at this time.
Please note that the Center does not make recommendations on the best form of
government for Dracut, although Center staff are happy to answer questions about the
pros and cons of the various forms, and to provide further information about other
Massachusetts municipalities structures and experiences.
If the Town does decide to pursue significant changes to its form of government or to
other items enumerated in the Charter, there are two options for doing so: electing a
charter commission and appointing a committee to draft a new special act charter. Both
of these processes could lead to a new charter for Dracut, and the resulting documents
would carry the same force and authority. However, these processes are significantly
different. To learn more about this, interested residents should review the article
Charting a Route for Charter Change, which is available on the Division of Local
Services website (http://www.mass.gov/dor/local-officials/dls-newsroom/ct/charting-aroute-for-charter-change.html).
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REVIEW OF TEXT: PREAMBLE

We, the people of Dracut, in order to reestablish the individual sovereignty
of the people with respect to the conduct of our local government and to take
the fullest advantages inherent in the home rule amendment to the
constitution of the Commonwealth, do hereby adopt the following home rule
charter for the Town of Dracut.
Policy
Many Massachusetts city and town home rule charters have preambles, but they are not
required. Of those charters that do preambles, the language is relatively uniform and
generally similar to the language in Dracuts preamble.
The only area where Dracuts language differs substantially from the most common
language is with the stated reason for adopting the Charter, which is to reestablish
the individual sovereignty of the people with respect to the conduct of our local
government and to take the fullest advantages inherent in the home rule amendment to
the constitution of the Commonwealth (Italics added.) In most Massachusetts city and
town charters, the italicized portion above is replaced by this text: to reaffirm the
customary and traditional liberties of the people The Town may wish to consider
whether the existing language still is the preferred text to convey the purpose of the
charter.
Technical
There are no recommended technical edits to the preamble.
Formatting or Typographical
Many cities and towns choose to capitalize constitution and home rule charter, but
there others that do not. This is purely a stylistic issue.
Page 10
REVIEW OF TEXT: ARTICLE 1: EXISTENCE AND AUTHORITY

Section 1 Incorporation
The inhabitants of the Town of Dracut, within the territorial limits
established by law, shall continue to be a body corporate and politic under
the name Town of Dracut.
Policy
There are no recommended policy changes to this section.
Technical
There are no recommended technical edits to this section.
In version (a), the header of this section appears to use a capital I instead of a 1,
whereas the other section headers in the document (with the exception of the section 1
in other articles) use numbers. Version (b) uses 1. The Town should standardize this
numbering.
Section 2 Short Title
This instrument shall be known and may be cited as the Dracut Home Rule
Charter.
Policy
Technical
There are no recommended formatting or typographical edits to this section.
Section 3 Division of Powers
The administration of all the fiscal, prudential and municipal affairs of the
town shall be vested in an executive branch headed by a board of selectmen
and a town manger. All legislative powers of the Town shall be exercised by
the town meeting.
Policy
Page 11
Technical
There is a typographical error in both versions: Manger should be Manager. Also, the
Town may want to consider changing Town to town to standardize with the remainder
of the document.
Section 4 Powers of the Town; Intent of the Voters
It is the intent and the purpose of the voters of the Town of Dracut, through
the adoption of this charter, to secure for the town all of the powers possible
to secure under the constitution and statutes of the Commonwealth, as fully
and as completely as though each such power were specifically and
individually enumerated herein.
Policy
Technical
Section 5 Interpretation of Powers
The powers of the town under the charter shall be construed and
interpreted liberally in favor of the town, and the specific mention of any
particular power is not intended to limit in any way the general powers of the
town, as stated in section 4.
Policy
Technical
Page 12
Section 6 Intergovernmental Relations

The town may enter into agreements with any other unit of government to
perform jointly or in cooperation, by contract or otherwise, any of its powers
or functions.
Policy
Technical
Page 13
REVIEW OF TEXT: ARTICLE 2: TOWN MEETING

Section 1 Composition
The legislative body of the town shall be a town meeting consisting of all
registered voters qualified to vote in state and local elections.
Policy
Technical
The phrasing all registered voters qualified to vote in state and local elections is a little
bit unusual and could potentially lead to some confusion. Although unlikely, there could
be a divergence at some point between the voting qualifications for state and local
elections, in which case the and might inadvertently prevent registered voters from
participating in town meeting. It may be better to use a simpler form: open to all
registered voters of the Town.
In version (a), the header of this section appears to use a capital I instead of a 1,
whereas all of the other section headers in the document (with one other exception) use
numbers. Version (b) uses 1. The Town should standardize this numbering.
Section 2 Annual Town Meetings
The town meeting shall meet at least twice in each calendar year.
The first such meeting shall be held on the first Monday of June and
subsequent nights thereafter unless otherwise provided by future bylaw and
shall be primarily concerned with the determination of matters that have a
fiscal effect on the town, including but not limited to the setting of all annual
operating budgets for all town agencies. The second such meeting, the
powers of which shall also be deemed those of an annual town meeting, and
shall be primarily concerned with general by-laws, zoning by-laws and not
having a fiscal effect on the town, shall be held on the first Monday of
November and subsequent nights thereafter unless otherwise provided by
future bylaw. In addition to the two meetings required by this section, the
board of selectmen may, in any manner provided under the general laws of
the Commonwealth or the charter, for the purpose of acting upon the
legislative business of the town in an orderly and expeditious manner, call
the special town meetings into session at other times by the issuance of
warrants therefore. Any article defeated at a town meeting shall not again be
considered on its merits by a subsequent town meeting held within one year
without a two-thirds vote.
Policy
Page 14
There do not seem to be any significant issues with the spring annual town meeting in
recent years. However, a few issues were raised with regard to special town meetings
and, in particular, the fall regular meeting. These have to do both with the quorum
numbers (this will be discussed elsewhere) and the specific requirement that it should be
primarily concerned with general by-laws, zoning by-laws and not having a fiscal effect
on the town. Among charters of Massachusetts towns with open town meeting, there is
a significant split, with quite a few similar to Dracut in requiring a fall town meeting, and
a similarly large or perhaps even larger number that only specifically calls for an annual
town meeting, leaving the call of all special town meetings up to the needs of the Town.
There is certainly merit to both approaches. However, beyond that split, Dracuts charter
language that specifies the topics of the fall town meeting is highly unusual. (Center staff
was not able to locate comparable language in any other town charters, but that does
not mean there are none out there that have it.) As one interviewee noted, the term
primarily concerned further clouds the intent of the provision by leaving what appears
to be a loophole and creating the opportunity for misunderstandings.
The Center team recommends changing this language. At minimum, the Town should
consider removing the language specifying the topic of the fall town meeting to allow for
flexibility and prevent potential conflicts based in the current languages vagueness. An
example of how this could look is provided below:
The town meeting shall meet in regular session twice in each calendar year.
The first such meeting, referred to herein as the "spring town meeting," shall
be held during March, April or May, on a date fixed by by-law, and shall be
primarily concerned with the determination of matters involving the
expenditure of town funds, including, but not limited to, the adoption of an
annual operating budget for all town agencies, and for the purpose of
electing officers and for the determination of all other matters to be decided
by ballot of the voters. The spring town meeting shall be deemed to be the
annual town meeting. The second such meeting, referred to herein as the
"fall town meeting," shall be held during the last 4 months of the calendar
year on a date fixed by by-law, and shall be deemed to be an annual town
meeting for all purposes of the General Laws; provided, however, that the fall
town meeting shall not include the election of officers. (Charter of the Town
of Groton, Section 2-1)
A further alternative would be to remove the requirement for a fall town meeting entirely
and leave special town meeting calls to the needs of the Town in any particular year.
However, some argue that maintaining the requirement for a standing fall town meeting
is a helpful way to maintain continuity and stability in policy-making. If the Town wished
to eliminate the standing fall meeting, an example of how this could look is provided
below:
Special Town Meetings shall be held at the call of a majority of the full Board
of Selectmen at such times as they deem necessary, in order to transact the
legislative business of the Town in an orderly manner. Special Town Meetings
shall also be held on the petition of two hundred (200) or more voters, in the
manner provided by the general laws and Town bylaw.
Either of these approaches could help alleviate confusion around the fall town meeting.
Page 15
Technical
Section 3 Quorum
A quorum of 250 shall be required to conduct business at any town meeting
unless otherwise provided in a future by-law.
Policy
In 2010, this was changed by bylaw from 250 to 200 for the fall town meeting. Some
interviewees felt that it should be reduced further and/or the spring annual town meeting
should be reduced as well. Several stated that 150 or even 100 would be a better
quorum for Dracuts town meeting. More drastically, one wondered whether Dracut might
consider dropping to zero quorum, and another wondered if the Town might be better
served by representative town meeting. On the other hand, some thought that 250 was
the appropriate number to retain for town meeting quorum.
Beyond encouraging periodic review of the numbers, the Center team does not think it is
appropriate to recommend an ideal number for Dracuts quorum. Every town has a
different tradition and political culture, and the quorum ought to reflect that uniqueness.
Technical
It would be worthwhile to change the charter text to reflect the current status (i.e., 250
for spring town meeting and 200 for fall). Beyond that, given that there appears to be
some variation in opinion about the preferred quorum number, a better approach may be
to move determination of the quorum number entirely to the bylaws. The new text could
read: The quorum to conduct business at any town meeting shall be as determined by
by-law.
Section 4 Presiding Officers
A moderator, chosen in accordance with the provisions of Article III, Section
8, shall preside at all sessions of the town meeting. The moderator shall
regulate the proceedings of all town meetings, decide all questions of order
and make public declaration of all votes. The moderator is required to finish
all articles on the warrant of the town meeting first called to order prior to
the consideration of any warrant article in an intervening special town
meeting. He shall perform such other functions as may be provided by the
charter, by by-law or by other town meeting vote.
Page 16
Policy
As several interviewees noted, the Dracut Town charter makes no provision for a back-up
Moderator, should the Moderator be absent. The bylaws also appear silent on the matter.
With no local statute in place, Chapter 39, Section 14 provides one possible framework
for having a back-up Moderator:
At every town or district meeting until a moderator or temporary moderator
is elected, the clerk of the town or district shall preside; but if he is absent or
if there is no clerk, the chairman of the selectmen or prudential committee or
body exercising similar powers, if present, otherwise the senior member
present in point of continuous service, shall preside; but if no selectman or
member of said committee or body is present, the justice of the peace calling
such meeting, if the meeting is so called, shall preside. Such presiding officer
shall have the powers and perform the duties of a moderator.
Many town charters do provide explicitly for a back-up moderator. For example, one town
charter simply states: In the absence of the Moderator, the Town Meeting shall elect a
temporary Moderator. Another charter provides for a different approach, stating that the
regularly-elected Moderator shall, at the first session of the spring town meeting,
appoint a deputy moderator, subject to ratification by the town meeting, to serve at any
session of an annual or special town meeting in the event of his absence or disability.
The Town ought to consider including one of these alternatives in its charter.
Technical
This is the first time where a gender-specific pronoun appears in the document, so it is
worth raising the question of whether the Town wants to revise the document to make it
gender neutral. This is not necessary from a legal standpoint. Article 7, section 6 makes it
clear that gendered pronouns can apply to both genders. The decision is entirely a
stylistic consideration.
Section 5 Clerk of the Meeting

The town clerk or his designee shall serve as the clerk of the town meeting.
The clerk shall give notice of all meetings to the public, keep the journal of
their proceedings and perform such other functions as may be provided by
the charter, by by-law or by other town meeting vote.
Policy
Technical
Page 17
Section 6 General Powers and Duties

All powers of the town shall be vested in the town meeting, except as
otherwise provided by law or the charter. The town meeting shall provide for
the exercise of all powers of the town and for the performance of all duties
and obligations imposed upon the town.
Policy
Technical
Section 7 Establishment of Standing Committees

The town meeting may from time to time, by by-law, establish standing
committees to which shall be referred warrant articles for study, review and
report in advance of the sessions of the town meeting.
Until such time as the town meeting acts, by by-law or other town meeting
vote, to change or abolish such committees, the following committees are
hereby established:
Finance Committee - There shall be a finance committee appointed by the
moderator consisting of seven or nine members each of whom must reside in
a different precinct from all other members.
The finance committee shall be governed by the provisions of Chapter IV of
the Revised By-Laws of the Town.
Committee on Rules - There shall be a committee on rules consisting of
seven or nine persons each of whom must reside in a different precinct from
all other members., to be appointed by the moderator. The terms of office of
members of the committee on rules shall be for three years, initially so
arranged that an equal number of terms as possible shall expire each year.
The moderator shall serve, ex-officio, as the chairman of the committee on
rules.
Page 18
The committee on rules shall provide a continuing oversight of the business

of the town meeting and shall consider all proposed changes in its conduct.
The members of the committee on rules shall during the time the town
meeting is in session, organize by the election of a vice-chairman and a clerk.
Committee on Government Regulations - There shall be a committee on
government regulations consisting of seven or nine persons at least one of
whom shall be appointed by the moderator, each of whom must reside in a
different precinct from all other members,.for terms of three years, initially
so arranged that as nearly an equal number of terms as possible shall expire
each year.
The committee on government regulations shall review and report on all
warrant articles that would, if adopted, amend the charter or affect the bylaws of the town. It shall be responsible for the decennial review of the bylaws of the town as provided in Article 7, Section 9.
Permanent Building Committee - There shall be a permanent building
committee consisting of five members especially trained or experienced in
construction management. They shall be appointed by the moderator for
three-year terms initially so arranged that not more than two terms shall
expire each year.
The permanent building committee shall be assigned the responsibility for
overseeing the construction or reconstruction of all town buildings, approving
the plans thereof, and expending such funds as appropriated for such project
by the town meeting. The committee, during the lifetime of any project shall
file monthly reports with the town manager and make yearly reports to the
town meeting.
Policy
According to several interviewees, there have been problems finding enough interested
residents to fill the Finance Committee, Capital Planning Committee, Committee on
Regulations, and Permanent Building Committee. At this point, the Committee on Rules
appears to be entirely vacant and inactive. There also appears to be a mismatch between
the precincts and the interest among residents in participating on committees. These
comments were made frequently by interviewees.
Given the lack of interest, one potential partial solution would be to merge the
Committee on Rules and the Committee on Regulations into one Committee on Rules and
Regulations, reducing the number of seats to fill and potentially increasing the number of
issues under the new Committees purview to the point where more residents saw it as a
worthwhile and interesting place to volunteer their time. Although different, the work of
the two Committees may be close enough to make one Committee successful with both
mandates. When asked, most interviews expressed support for this potential salutation.
It should also be noted that neither committee is a common standing committee in most
other Massachusetts towns with open town meeting.
As for the issue of requirements for participation by precinct, the logic for this is certainly
understandable. Providing a geographical requirement helps prevent the takeover of a
Page 19
particular committee by any individual region of the Town. However, weighed against this
must be the vacancies left on those committees and whether potentially committed and
skilled volunteers have been blocked from helping due to these geographic restrictions.
One potential compromise solution to this would be to remove the precinct requirement
from the language and replace it with language in the by-laws that gives initial
preference for precinct representation on committees, but provides that seats may be
filled from among applications if residents from the requisite precincts are not
forthcoming.
Finally, one interviewee wondered whether the Moderator was the appropriate
appointment authority for these committees and suggested that perhaps the Board of
Selectmen would be a better appointment authority. The logic for having the Moderator
the appointing authority is two-fold: (1) As Committees reviewing expenditures and
warrant articles, these Committees are in some ways performing the function of being
standing Committees of the legislative branch (i.e., Town Meeting). For that reason,
having them be appointed by the Board of Selectmen would blur the executive and
legislative functions. (2) By reporting to the Moderator instead of the Board of Selectmen,
these Committees can provide an additional check and balance against the Board of
Selectmen and Town Manager. Having said all that, the Center team does not think it is
appropriate to recommend specific appointing authorities to the Town for these
committees, and it is certainly the case the appointment authority varies from town to
town around the Commonwealth.
Technical
An issue was raised with the Charter language around Permanent Building Committee,
whose role is to oversee the construction or reconstruction of all town buildings. The
question was whether this language so broad that even small renovations like replacing a
window should theoretically have to come before the Committee. The short answer is
that only capital expenditures should come before this Committee. Replacing windows
and similar work would be considered building maintenance and should probably not be
considered within the purview of the Committees work.
Incidentally, it should be noted that several interviewees specifically noted that the
Permanent Building Committee has been a very hard-working and successful committee
in recent years.
In the track changes of version (a), there are three sets of edits that were made in 2005
(according to the edit dates). They are listed here with the new text bold and underlined,
and the deleted text marked with a strike through:
There shall be a finance committee appointed by the moderator consisting
of seven or nine members each of whom must reside in a different
precinct from all other members having at least one member from each
precinct. to be appointed by the moderator.
There shall be a committee on rules consisting of seven or nine persons
each of whom must reside in a different precinct from all other
members., to be appointed by the moderator. having at least one
member from each precinct.
Page 20
There shall be a committee on government regulations consisting of seven

or nine persons at least one of whom shall be appointed by the moderator,
each of whom must reside in a different precinct from all other
members,. from each precinct for terms of three years, initially so arranged
that as nearly an equal number of terms as possible shall expire each year.
In the new text, in version (a), two of these sections have periods in the middle of the
sentences: members., to and members,.for
It was not clear to Center staff whether these changes were formally adopted as charter
changes, whether they were changes noted in the charter but made via by-law as
provided, or whether they were added for some other reason.
Section 8 Warrant Articles
(a) Initiation - Except for procedural matters, all subjects to be acted upon
by the town meting shall be placed on warrants issued by the board of
selectmen. The board of selectmen shall place on such warrants all subjects
requested in writing by (1) any elected town officer or member of an elected
multiple-member body: (2) any appointed multiple-member body acting by a
majority of its members: (3) any ten or more voters: or (4) any appointed
town officer or department head. All subject submitted to the board of
selectmen under this section shall be placed on a warrant for the next town
meeting, annual or special that shall occur forty-five or more days following
the date of submission.
(b) Publication Forthwith, following receipt by the board of selectmen of
any subject for a town meeting warrant article, initiated by petition or by one
or more members of the board of selectmen, a copy of such subject shall be
posted on the town bulletin board and otherwise distributed as may be
provided by by-law. Additional copies shall be kept available by the town
clerk
Policy
The Center team thinks it is worth noting that the language here regarding who may
place articles on the warrant is particularly broad, providing an unusually large number of
sources of warrant articles. Despite that, there did not seem to be any sense among
interviewees that this potential had been abused, so it does not appear any change is
needed.
Another policy issue raised was whether consideration should be given to obtain the
costs of publication from persons submitting articles and/or whether consideration should
be given to the Board of Selectmen in screening articles that are submitted. As a general
matter, both of these ideas present some problems. While certainly charging fees is
something Towns do when residents or others request specific services, recouping the
costs of publication from article proposers would essentially mean charging residents to
be part of the policy-making process itself. This seems to be antithetical to the
democratic traditions of Massachusetts local government in general and town meeting in
particular. Center staff were not aware of another town that takes this step.
Page 21
Similarly, giving the Board a veto over what articles make it on the ballot also would
seem to be significant encroachment into the powers and responsibilities of Town
Meeting. If there are problems with malicious, superfluous, or absurd warrant articles
being submitted, a better way to deal with that might be to tighten the rules around the
initial submission of articles as noted above. For example, restricting Town officials who
can submit them to department heads would be ways to raise the bar on articles being
submitted without potentially empowering the Board of Selectmen to dictate town
meetings agenda.
The number of signatures to put an article on the warrant is spelled out in Section 10 of
Chapter 39 of the General Laws and cannot be changed: the selectmen shall insert in
the warrant for the annual meeting all subjects the insertion of which shall be requested
of them in writing by ten or more registered voters of the town and in the warrant for
every special town meeting all subjects the insertion of which shall be requested of them
in writing by one hundred registered voters or by ten per cent of the total number of
registered voters of the town whichever number is the lesser. The selectmen shall call a
special town meeting upon request in writing, of two hundred registered voters or of
twenty per cent of the total number of registered voters of the town, whichever number
is the lesser; such meeting to be held not later than forty-five days after the receipt of
such request, and shall insert in the warrant therefor all subjects the insertion of which
shall be requested by said petition
Technical
In version (a), the first sentence of sub-section (a) refers to town meting. Version (b)
has the correct text (town meeting). In the second sentence of this sub-section, version
(a) refers to subject when it should read subjects, as it does in version (b). Also in
that sentence, version (a) appears to have colons in place of the semi-colons that would
be more grammatically correct (and that appear in version (b)). In the final sentence of
that sub-section in version (a), there is a comma missing after special. It is correct in
version (b).
Finally, there is a period missing at the end of the last sentence of sub-section (b) in
version (a). It is correct in version (b).
Section 9 Referendum Procedure
(a) Effective Date of Final Votes - No final vote of a town meeting on any
warrant article, except a vote to adjourn or dissolve or votes appropriating
money for the payment of notes or bonds of the town and interest thereon
becoming due within the then current fiscal year, or votes for the temporary
borrowing of money in anticipation of revenue, or a vote declared by
preamble by a two-thirds vote of the town meeting to be an emergency
measure necessary for the immediate preservation of the peace, health,
safety or convenience of the town, shall be operative until after the
expiration of five days from the dissolution of the town meeting. If a petition
Page 22
is not filed within the said five days, the votes of the town meeting shall then
become operative.
b) Non-Final Votes - Any article disposed of by a vote to lay on the table or
to postpone indefinitely or by other dilatory vote shall be deemed to have
been rejected in the form in which it was presented or amended.
(c) Referendum Petition If, within said five days a petition signed by not
less than five percent of the voters containing their names and addresses is
filed with the board of selectmen requesting that any question not yet
operative as defined in (a) be submitted to the voters. then the operation of
such vote shall be further suspended pending its determination as provided
below. The board of selectmen shall within ten days after the filing of such
petition, call a special election that shall be held within fourteen days after
issuing the call for the purpose of presenting to the voters any such question.
If, however, a regular or special election is to be held not more than thirty
days following the date the petition is filed, the board of selectmen may
provide that any such question be presented to the voters at the same
election.
(d) Referendum Election - All votes upon any question so submitted shall be
taken by ballot, and the conduct of such election shall be in accordance with
the provisions of law relating to elections. unless otherwise provided in this
section. Any question so submitted shall be determined by a majority vote of
the voters voting thereon, but no action of the town meeting shall be
reversed unless at least twenty percent of the voters vote on the question.
(e) Format of Questions - Any question so submitted shall be stated on the
ballot in substantially the same language and form in which it was stated
when presented by the moderator to the town meeting, as appears in the
records of the clerk of the meeting.
Policy
As best as Center staff was able to determine, this referendum procedure has not been
used in the 27 years of the charters existence. For that reason, it is difficult to evaluate
its effectiveness and necessity. [If there are examples, the Center would like to
discuss with someone familiar with the situation to adjust this section.]
Technical
In version (a), there is a period in the middle of the first sentence of the sub-section (c):
voters. then Version (b) has a comma in its place, which is probably the correct
punctuation.
In version (a), there is a period in the middle of the first sentence of the sub-section (d):
elections. unless Version (b) has a comma in its place, which is probably the
correct punctuation.
Page 23
Page 24
REVIEW OF TEXT: ARTICLE 3: ELECTED AND APPOINTED OFFICERS

Section 1 General Provisions
(a) Elective Offices - The offices to be filled by the voters shall be the board
of selectmen, school committee, moderator, housing authority, board of
library trustees, and such members of regional authorities or districts as may
be established by statute, iterlocal agreement or otherwise.
(b) Eligibility - Any voter shall be eligible to hold any elective town office.
(c) Nomination Procedures - The number of signatures of voters required to
place the name of a candidate for any town office on the official ballot for use
at any town election shall be not less than fifty.
(d) Election - The regular election of town officers shall be held annually on a
date fixed by by-law. No preliminary elections shall be held.
(e) Compensation - Election town officers shall receive for their services
such compensation as may annually be provided for that purpose by
appropriation of town meeting.
(f) Coordination of Officers - Notwithstanding their election by the voters,
the town officer named in this article shall be subject to the call of the board
of selectmen, at all reasonable times, for consultation, conference and
discussion on any matter relating to their respective offices.
Policy
Technical
This is only a minor point, but one position on the five-member Housing Authority is not
elected currently and cannot be elected. That position is reserved as a state
appointment. The Town does have the authority to decide on the method of section of
the four non-state-appointed members of the Authority. (This will be discussed further
later.)
Version (a) of this document had typo in the word iterlocal in sub-section (a), but
version (b) had the correct interlocal.
Version (a) of this document had the word officer in the singular in sub-section (f), but
version (b) had the correct plural officers.
Section 2 Board of Selectmen
(a) Composition; Term of Office - There shall be a board of selectmen
consisting of five members elected for three-year terms, so arranged that as
Page 25
nearly an equal number of terms as possible shall expire each year.

(b) Powers and Duties The executive powers of the town shall be vested in
the board of selectmen. The board of selectmen shall have all of the powers
and duties given to boards of selectmen under the constitution and general
laws of the Commonwealth, and such additional powers and duties as may be
authorized by the charter, by bylaw or by other town meeting vote. The
board of selectmen shall cause the laws and orders for the government of the
town to be enforced and shall cause a record of all its official acts to be kept.
To administer its policies and aid the board in its official duties, the board of
selectmen shall appoint a town manager, as provided in article 4.
(c) Appointing Powers - The board of selectmen shall appoint the town
manager, town counsel, town accountant and members of the historical
commission, arts council, registrars of voters (but not the town clerk) and
other election officers, constables and members of all appointed multiple
member bodies for whom no other method of selection is provided by the
charter or by by-law.
(d) Licensing Authority - The board of selectmen shall be the license board
of the town and shall have the power to issue licenses, to make all necessary
rules and regulations regarding the issuance of such licenses and to attach
such conditions and restrictions thereto as it deems to be in the public
interest, and to enforce the laws relating to all businesses for which it issues
licenses.
Policy
One interviewee raised the issue of the Board of Selectmens powers and duties under
this charter, noting that they had been significantly diminished so that their primary work
seemed to be the one specific power enumerated in the charter other than their
appointing powers, that of licensing authority. The Center does not believe that to be the
case. The Board has a essential roles to play in hiring and supervising the Town Manager,
appointing numerous other positions, boards, and committees, vetting and approving the
appointment of key department heads, and essentially shaping the long-term planning
and strategizing about a wide variety of aspects of the Towns future, among other
responsibilities. The Center takes a position that the Board of Selectmen in a strong Town
Manager town has a great opportunity to work on the longer-term policy and planning
issues that Boards of Selectmen in towns with weak Town Managers or Town
Administrators cannot get to due to being bogged down in day-to-day operations.
Another issue raised was the filling of vacancies on the Board of Selectmen. One
interviewee wondered whether it would be possible for the next highest vote-getter in
the prior election could fill the vacancy, as an alternative to holding a special election,
which is the method provided in Section 10 of Chapter 41 of the General Laws.
On the one hand, it would be a way to avert the need for a time-consuming and
potentially costly election, and it could ensure that the new Selectman was someone who
was interested enough in being on the Board that he or she actively ran in a contested
campaign. On the other hand, the voters of the Town had already indicated a preference
for someone else, so that could be interpreted as a signal that the policies or issues that
the person raised were not representative of the Town, so putting the person on the
Page 26
Board could contradict the will of the people. (In an extreme scenario, if the second
person on the ballot were someone who was not a serious candidate and only received
a handful of votes while the winner receives almost all the votes, the resulting situation
could be risky.) The Center researched other examples of this method being used, but
has not been able to find any at this time. In addition, some argue that the cost and
inconvenience of a special election should not be a major factor in determining how to
choose the head of the Towns executive branch. If the vacancy occurs close enough to
the next regular election, the Board could continue to operate with four members until
that time. In short, the Center does not recommend the next highest vote-getter
approach.
Technical
Section 3 School Committee

(a) Composition: Term of Office - There shall be a school committee
consisting of five members elected for three-year terms, so arranged that as
(b) Powers and Duties - The school committee shall have all of the powers
and duties school committees are given under the constitution and general
laws of the Commonwealth and such additional powers and duties as may be
authorized by the charter, by by-law or by other town meeting vote. The
powers of the school committee shall include but need not be limited to the
following:
I. The school committee shall appoint a superintendent of the schools
and all other officers and employees associated with the schools fix
their compensation and define their duties, make rules concerning
their tenure of office, and discharge them.
2. The school committee shall make all reasonable rules and
regulations, consistent with law for the administration and
management of the public schools of the town.
Policy
Technical
Several interviewees asked about whether the 1993 education reform legislation
supersedes Section 3(b)(1). Indeed, it partially does by moving some management
authority to the Superintendent (from the School Committee). It is probably good for the
Page 27
charter provisions to reflect that change. For example, what follows is the text of one
town charter that was adopted after the education reform legislation was enacted:
The school committee shall have all powers which are conferred on school
committees by general laws and such additional powers and duties as may
be provided by the charter, by-law or otherwise and consistent with said
grant of powers conferred by general laws. The powers and duties of the
school committee shall include the following:
(1) to elect a superintendent of the schools who shall be charged with
the day-to-day administration of the school system, subject only to
policy guidelines and directives adopted by the school committee;
(2) to make all reasonable rules and regulations for the management
of the public school system and for conducting the business of the
school committee as the committee deems necessary or desirable;
and
(3) to adopt and administer an annual operating budget for the school
department, subject to appropriation by the town meeting.
The school committee shall have general charge and superintendence of all
school buildings and grounds and shall furnish all school buildings with
proper fixtures, furniture and equipment. The school committee shall provide
ordinary maintenance of all school buildings and grounds; provided, however,
that the town meeting may, by by-law, provide for the establishment of a
central municipal maintenance department which may include maintenance
of school buildings and grounds. Whenever the school committee shall
determine that additional classrooms are necessary to meet the educational
needs of the community, at least 1 member of the school committee, or a
designee of the school committee, shall serve on the agency, board or
committee to which the planning or construction of such new, remodeled or
renovated school building is delegated.
Note that there are significant similarities to the language currently in Dracuts charter.
The change mostly centers on the appointment of staff other than the Superintendent.
In version (a), sub-section (b)(1) appears to use a capital I instead of a 1, whereas
the other section headers in the document (with the exception of the section 1 in other
articles) use numbers. Version (b) uses 1. The Town should standardize this numbering.
Additionally, there are differences in comma usage between versions (a) and (b). Version
(b) has a comma after consistent with law in sub-section (b)(2), whereas version (a)
does not. Of the two, version (b) is probably the better one grammatically.
Section 4 Town Accountant

There shall be a town accountant appointed by the board of selectmen for a
three-year term.
Page 28
Policy
Several interviewees wondered whether the Board of Selectmen was the best
appointment authority for the Town Accountant. Other suggestions included the Finance
Director and the Town Manager, both of which would provide a tighter financial
management team for the Town. On the other hand, some interviewees felt strongly that
the current structure with regard to the Town Accountant works well and provides a check
and balance on the Town Manager by not reporting to that office. There are certainly pros
and cons to both approaches.
On balance, however, the value of centralizing the financial management team and
bringing the Town Accountant closely into that team makes a pretty strong case for the
Town Accountant being an appointment of the Town Manager, perhaps subject to
approval of the Board of Selectmen as provided for several other key department heads
in Article 3, Section 2. If the Town did decide to move in that direction, it should also, via
the charter or the by-laws, provide that the Towns external audit be conducted by a firm
retained by the Board of Selectmen in order to provide an additional check and balance.
Technical
Section 5 Board of Assessors
(a) Composition; Term of Office - There shall be a board of assessors
consisting of three members appointed by the manager for three-year terms,
so arranged that one term shall expire each year. One of the assessors shall
be a full time professionally qualified appraiser and shall serve as chairman
of said board; the other members shall be part time.
(b) Powers and Duties - The board of assessors shall annually make a
valuation of all property, both real and personal, within the town. It shall have
all of the powers and duties given to boards of assessors under the
constitution and general laws of the Commonwealth and such additional
powers and duties as may be authorized by the charter, by by-law or by other
town meeting vote.
Policy
Technical
Page 29
Version (b) of sub-section (a) has a comma separating board and the in the final
sentence, whereas version (a) above has a semi-colon, which is more correct.
Section 6 Board of Health

(a) Composition: Term of Office - There shall be a board of health consisting
of three members appointed by the manager for three-year terms, so
arranged that one term shall expire each year.
(b) Powers and Duties - The board of health shall be responsi ble for the
formulation and enforcement of rules and regulations affecting the
environment and the public health. It shall have all of the powers and duties
given to boards of health under the constitution and general laws of the
Commonwealth, and such additional powers and duties as may be authorized
by the charter, by by-law or by other town meeting vote.
Policy
Technical
Version (a) has a colon in place of a colon in the header for sub-section (a): Composition:
Term of Office. Version (b) has a semi-colon, which is both more correct and consistent
with the remainder of the document.
Section 7 Board of Library Trustees

(a) Composition; Term of Office - There shall be a board of library trustees
consisting of three members elected for three-year terms, so arranged so
that one term shall expire each year.
(b) Powers and Duties - The board of library trustees shall have the custody
and management of the library and of all property of the town related
thereto. All money raised or appropriated by the town for its support and
maintenance shall be expended by the board and all money or property that
the town may receive by gift or bequest shall be administered by the board
in accordance with the provisions of such gift or bequest. The board of library
trustees shall have all of the powers and duties given to boards of library
trustees under the constitution and general laws of the Commonwealth, and
such additional powers and duties as may be authorized by the charter, by
bylaw or by other town meeting vote.
Policy
Page 30
There are no recommended policy changes to this section. Some towns have moved their
library boards of trustees from elected to appointed, but raising that issue did not seem
to draw much interest.
Technical
Although not reflected in the version of the charter provided, the Center team was told
that the size of the Board has already been changed from three to five. This change
appears to have been made in 2006. This change should be reflected in a revised charter.
Version (a) is missing a comma in the second sentence of sub-section (b) in between by
the board and and all money. It is correctly included in version (b).
Section 8 Moderator
(a) Term of Office - There shall be a moderator elected for a one- year term.
(b) Powers and Duties - The moderator, as provided in Art. 2, Sec. 3 shall
preside and regulate the proceedings at all sessions of the town meeting and
shall have all of the powers and duties given to moderators under the
constitution and general laws of the Commonwealth and such additional
powers and duties as may be authorized by the charter, by by-law or by other
town meeting vote.
Policy
Several interviewees suggested that the Town consider increasing the Moderators term
to three years.
There are certainly many towns that have moderators with three-year terms. Stability in
the moderators position can certainly assist a moderator in gaining the experience that
is likely to improve performance at the main task, and making the commitment a threeyear one could help ensure that only those candidates who were very serious about the
position would run.
By that same token, a three-term might turn off a potentially strong candidate who would
be interested in doing the work for a year or two but would not want to commit to a
longer term. Similarly, Dracuts Moderator position has significant appointment powers,
so putting one person into the position for three years at a time could affect the
appointments made to committees.
The Center has no strong recommendation on this topic but encourages the Town to
consider the pros and cons, and perhaps to look at the historical competitiveness of
elections for the position.
Technical
Page 31

Section 9 Planning Board
(a) Composition; Term of Office - There shall be a planning board consisting
of five members appointed by the manager for three-year terms, so arranged
that as nearly an equal number of terms as possible shall expire each year.
(b) Powers and Duties - The planning board shall make studies and prepare
plans concerning the resources, possibilities and needs of the town. The
planning board shall have the power to regulate the sub-division of land
within the town by the adoption of rules and regulations governing such
development. The planning board shall annually report to the town manager
giving information regarding the condition of the town and any plans or
proposals known to it affecting the resources, possibilities and needs of the
town. The planning board shall have all of the powers and duties given to
planning boards under the constitution and general laws of the
Commonwealth, and such additional powers and duties as may be authorized
by the charter, by by-law or by other town meeting vote.
Policy
Several interviewees felt that the Associate member of the Planning Board should be
allowed to vote on all matters before the Board when there is not a quorum of full
members, not just special permits. There have been situations when the Board lacked a
quorum, but when the participation of the Associate could have created a quorum and
allowed a meeting and/or hearing to proceed. [Please note that the Center is
currently researching examples of how other towns have handled this issue.]
Technical
Section 10 Housing Authority
(a) Composition; Term of Office - There shall be a housing authority
consisting of five members. Four members shall be chosen by ballot; the fifth
member shall be a resident of the town, appointed by the department of
community affairs or as otherwise provided by law. Housing authority
members shall serve five-year terms, so arranged that one term shall expire
each year.
(b) Powers and Duties - The housing authority shall have all of the powers
and duties given to housing authorities under the constitution and general
laws of the Commonwealth, and such additional powers and duties as may be
authorized by the charter, by by-law or by other town meeting vote.
Page 32
Policy
Several interviewees raised the issue of the elected status of the Housing Authority,
noting that there have been issues with the Authority that could not be addressed
because of its independently elected status and wondering whether there are ways to
bring them closer to the rest of Town government. (It should be noted that issues raised
were not of the type in the media lately surrounding some Massachusetts local housing
authorities. They were about policy-making and effectiveness.)
There have been a number of towns that converted their elected Housing Authority
positions to appointed ones, and Center staff believe that this approach can serve some
communities very well. However, the Center does not believe it is appropriate to make a
recommendation about the method of selection for the four currently-elected positions on
the Housing Authority in Dracut (the fifth position is always appointed by the state). The
Center does have a methodology it provides to towns considering the elected or
appointed status of positions. It is contained in the chart provided below.
Framework for considering elected and appointed offices
Criteria supporting a position or
Criteria supporting a position or
board being ***ELECTED***
board being ***APPOINTED***
1. It has significant policy-making
1. It has minimal policy-making
responsibility.
responsibility.
2. It has few ministerial responsibilities
2. It has many ministerial responsibilities
and tasks whose performance is
and tasks whose performance is
guided almost entirely by statute.
guided almost entirely by statute.
3. Someone with little training or
3. Someone with little training or
expertise in its area of work could
expertise in its area of work would
quickly and easily become
have significant difficulty in
effective in the work.
performing the work effectively,
potentially creating significant
risks for the community.
4. Its role and tasks are easily and
4. Its role and tasks are complicated
widely understood by the public.
and NOT easily and widely
understood by the public.
5. The nature of the position or boards
5. The nature of the position or boards
role makes it relatively simple for the
role makes it relatively difficult for
public to evaluate the performance of
the public to evaluate the performance
its non-policy-making duties (for
of its non-policy-making duties (for
example, efficient use of resources,
example, efficient use of resources,
etc.).
etc.).
6. The position or board is helpful as a
6. The position or board is not needed
check or balance against another
as a check or balance against
center of power in the community.
another center of power in the
community.
7. It is not critical to the effective and
7. It is critical to the effective and
efficient functioning of the government
efficient functioning of the government
for this position or board to cooperate
for this position or board to cooperate
regularly with other officials.
regularly with other officials.
8. In the particular community in
8. In the particular community in
question, election for the position
question, election for the position
historically produces a very
historically produces little or no
Page 33
competitive race between highlyqualified candidates.
competition and few or no highlyqualified candidates.
Technical
The reference to the department of community affairs as the appointing authority for
the fifth member of the Authority is out of date. The Town should consider changing the
language. Examples of alternatives that would be an improvement include: (1) the
fifth member shall be a resident of the town and shall be appointed as the laws of the
commonwealth provide. Or (2) the fifth member shall be a resident of the town and
shall be appointed by the Commonwealth.
Page 34
REVIEW OF TEXT: ARTICLE 4: TOWN MANAGER

Section 1 Appointment; Qualifications; Term
The board of selectmen shall appoint a town manager without term and fix
his compensation within the amount annually appropriated for that purpose.
The office of town manager shall not be subject to a personnel by-law, if any.
The town manager shall be appointed solely on the basis of his executive and
administrative qualifications. He shall be a professionally qualified person of
proven ability, especially fitted by education, training and previous experience. He shall have had five years of full-time paid experience as a city
or town manager or assistant city or town manager or the equivalent level
private sector experience.
The terms of the manager's employment shall be the subject of a written
agreement setting forth his compensation, vacation, sick leave benefits, and
such other matters excluding tenure as are customarily included. He shall not
have served in an elective or appointive office in the town government for at
least five years prior to his appointment. He 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 his term.
Policy
One issue raised several times about this section was the restriction on a new Town
Manager not having been in an appointive office in the Town for at least five years prior
to appointment. Many town charters have restrictions on elected officials becoming the
Town Manager, but few have restrictions on appointive officials becoming the Town
Manager.
The logic in favor of prohibiting appointed officials from becoming Town Manager is that
forces the Town to bring in an outsider, someone with a new perspective and ideas drawn
from experiences in other municipalities or organizations. It also prevents a politicallyconnected insider from being appointed, although probably not to the extent the
prohibition on elective officials does. At the same time, it may remove some internal
political infighting by preventing multiple people within the Town from jockeying for the
position.
Yet set against those arguments, the logic for removing the prohibition may be stronger.
To begin with, there are many organizations across all sectors (including governmental
entities) that work very hard to build institutional knowledge, particularly among the
organizations leaders. To explicitly prevent someone with experience in the organization
from taking over leadership of it not only weakens the direct institutional knowledge that
could be gained by having a long-time employee in charge, but it may trickle down the
hierarchy, discouraging others from taking positions in the municipality or staying in
them. The competition for highly-skilled and experienced department heads and
municipal managers is going to grow tougher in the coming years, which may only
increase the value of producing home grown managers with experience and
commitment to the community.
Finally, there is a broader principle worth noting here that relates to putting restrictions in
the charter. Although this is somewhat of an obvious statement, once a restriction is in
Page 35
the charter, the Town cannot change it without changing the charter. However, a
restriction that is not in the charter can be made by a by-law, which leaves more
flexibility, or even more simply in this case by a particular Board of Selectmen that is
hiring a Town Manager not choosing a Town employee because they want to bring in
someone from the outside. Essentially, the only reason to put a restriction like this one in
is the belief is that future Boards will for some reason be unable or unwilling to choose an
outsider if a current employee is competing. Failing that, it may be best to leave this
decision to the Boards discretion.
Technical
Section 2 Powers and Duties
The town manager shall be the chief administrative officer of the town and
shall be responsible to the board of selectmen for the proper administration
of all town affairs placed in his charge by or under the charter. He shall have
the following powers and duties:
(a) He shall supervise and be responsible for the efficient administration of
all functions under his control, as may be authorized by the charter, by bylaw, by other town meeting vote or by the board of selectmen, including all
officers appointed by him and their respective departments.
(b) He shall appoint, and may remove subject to the civil service laws where
applicable the conservation commission, fence viewers, industrial
development finance committee, industrial redevelopment authority,
personnel board, recreation commission, redevelopment authority, street
lighting committee, zoning and building boards of appeals, all department
heads, all officers and all subordinates and employees for whom no other
method of appointment is provided in the charter, except persons serving
under other elected agencies and appointments made by representatives of
the Commonwealth. The town manager's appointment of the police chief, fire
chief, highway surveyor, part superintendent, tree warden and dog officer
shall be subject to the approval by the board of selectmen.
(c) He shall be entrusted with the administration of all personnel policies,
practices and related matters for all municipal employees as established by
any compensation plan, personnel policy guide or by-law, and all collective
bargaining agreements entered into by the board of selectmen on behalf of
the town.
(d) He shall fix the compensation of all town officers and employees
appointed by him within the limits established by appropriations and any
compensation plan adopted by the town meeting.
(e) He shall attend all regular and special meetings of the board of
Page 36
selectmen, except meetings at which his own removal is to be discussed,

unless excused at his own request, and shall have a voice, but no vote, in all
discussions.
(f) He shall attend all sessions of the town meetings and shall answer all
questions directed to him that are related to this office.
(g) He shall see that all of the provisions of the general laws, the charter, of
the by-laws and other town meeting votes and of the board of selectmen that
require enforcement by him or officers, employees subject to his direction
and supervision are faithfully carried out.
(h) He shall prepare and submit a proposed annual operating budget and a
proposed capital improvement program as provided in article 6.
(i) He shall assure that a full and complete record of the financial and
administrative activities of the town is kept and shall render, a full report to
the board of selectmen at the end of each fiscal year, and at such other times
as may be required.
(j) He shall keep the board of selectmen fully informed as to the financial
condition and needs of the town and shall make such recommendations to
the board of selectmen as he deems necessary or expedient.
(k) He shall have full jurisdiction over the rental and use of town facilities,
except schools and properties designated by by-law or other town meeting
vote. He shall be responsible for the maintenance and repair of all town
property, which he designated to be under his control or by the charter, by
by-law or by other town meeting vote.
(l) He may at any time inquire into the conduct of any office employee or
department under his control.
(m) He shall keep a full and complete inventory of all property of substantial
value belonging to the town, both real and personal.
(n) He shall be responsible for the negotiation of all contracts involving any
subject within his jurisdiction and approve the awarding thereof.
(0) He shall be responsible for purchasing all supplies, materials and
equipment, except those items which fall under the school committee budget
and shall approve the award of all contracts for a departments and activities
of the town. He shall examine and inspect or cause to be examined and
inspected, the quality, quantity and conditions of materials, supplies or
equipment delivered to or receive by any town agency. He may examine
services performed for any town agency secured through the purchasing
procedure.
(p) He shall perform any other duties required of him by the charter, by bylaw, by other town meeting vote or by the board of selectmen.
Policy
Page 37
Several interviewees commented on the Town Managers hiring authority in section (b).
In particular, there was some feeling that several department heads should have
appointment authority over their subordinates, rather than the Town Manager having that
authority. This applied primarily to the police and fire departments.
With regard to the fire department in particular, it was raised that the 1985 charter
created some ambiguity or even potential contradiction in the authority over hiring of
deputy chiefs and subordinates. The Town of Dracut accepted the strong chief statutes
(Sections 42, 43, and 44 of Chapter 48 of the General Laws) for the fire department at
the annual town meeting in 1957. This would put the hiring of all department staff under
the control of the fire chief. Contrarily, section (b) above seems to place that authority
with the Town Manager.
On the one hand, the language in the 1985 charter would seem to supersede the
acceptance of the earlier statutes. On the other hand, section 1 of article 8 of the charter
leaves it such that [a]ll general laws, special laws, town by-laws, town meeting votes,
and rules and regulations of or pertaining to the town that are in force when this charter
takes effect and not specifically or by clear implication repealed hereby, shall continue in
full force and effect until amended or rescinded by due course of law or until they expire
by their own limitation. The question seems to hinge on the phrase by clear
implication. It was brought to the Centers attention that the Town has raised this issue
with the Towns counsel. As noted earlier, Center staff would defer on this issue to the
counsels opinion. Regardless of the legal outcome reached, the Center encourages an
open discussion on the subject between all the relevant parties.
Similarly, it was raised that the Town Manager should be the sole appointing authority of
certain department heads in order to remove the potential for future Boards of
Selectmen to let politics get into the approval process. In general, while there are pros
and cons to both approaches, the Center would suggest leaving an approval role for the
Board for a select number of department heads enumerated in the current charter.
Although it opens up the possibility of politics getting into an appointment process,
weighed against that must be the value of Board approval as more direct check and
balance from the public over the Town Managers appointment of positions whose
authority has a significant regular impact on residents daily lives.
Finally, it was noted that both the Industrial Development Finance Committee and the
Industrial Redevelopment Authority are inactive and have been inactive for quite some
time. It is common among Massachusetts towns for these committees to be vacant and
dormant. The Town may want to consider removing references to them from the charter
to allow for the possibility of their dissolution.
Technical
The term dog officer is no longer accurate. This needs to be changed to animal control
officer.
In both versions, the text would read more smoothly if there were commas in the first
sentence of sub-section (b) between remove and subject, and between applicable
and the.
Page 38
In version (a), sub-section (b) refers to a part superintendent as opposed to a park

superintendent, which is how it appears in version (b).
In version (a), sub-section (g) is missing the word of between general laws, and the
charter. This is included in version (b). Also in version (a) of that sub-section, the last
part of the sentence appears to be missing the word and and appears to have commas
in the wrong places. The same sentence in version (b) ends this way: by him, or
officer and employees subject to his direction and supervision, are faithfully carried out.
This makes more sense that the text in version (a).
In version (a), sub-section (h) includes a comma that is not necessary: render, a
Version (b) correctly omits that comma.
Sub-section (k) (in both versions) contains some confusing language: He shall be
responsible for the maintenance and repair of all town property, which he designated to
be under his control or by the charter, by by-law or by other town meeting vote. This is
not entirely clear, and it is possible that there is a typographical error here. It seems
likely that the word he before which in the second clause should actually have been a
verb such as is or may be.
Sub-section (l) is version (a) appears to include a typo (office instead of officer) and
to be missing several commas. The same sub-section in version (b) is far more
understandable than the one in version (a) (above): He may at any time inquire into the
conduct of any officer, employee or department under his control.
In version (a), sub-section (o) has had the o replaced by a 0. Version (b) appears to
be correct. Also, in version (a) of that sub-section, the text reads for a departments in
the first sentence. Version (b) has all in place of a, which makes sense both
substantively and grammatically. In both versions of this sub-section, there should be a
comma in the first sentence between budget and and shall. The second sentence
appears to have typographical issues in both versions, although they differ. Version (a) is
also missing a comma between inspect and or in the second sentence, and receive
should be received. These do appear in version (b). Version (b) is missing by after
received.
Section 3 Acting Town Manager
(a) Temporary Absence - By letter filed with the town clerk and board of
selectmen, the town manager shall designate a qualified town administrative
officer or employee to exercise the powers and perform the duties of the
town manager during his temporary absence. During the absence of the town
manager, the board of selectmen may not revoke such designation until at
least thirty days have elapsed whereupon it may appoint another qualified
town administrative officer or employee to serve as acting town manager
until the town manager returns.
(b) Vacancy - When the office of town manager is vacant or the town
manager is under suspension as provided in section 4, the board of
selectmen shall appoint a qualified town administrative officer or employee
to serve as acting town manager until the vacancy is filled or the suspension
has been terminated. The selectmen shall start a recruitment program for a
Page 39
new town manager within thirty days of their appointment of an acting town
manager and shall appoint a new town manager within one hundrewithin one
hundred twenty days,
Policy
Technical
Both versions would benefit from a comma between elapsed and whereupon in the
final sentence of sub-section (a). Also in that sentence, version (b) has Manager
capitalized when it should not be.
Sub-section (b) of version (a) clearly has some typographical errors in its final sentence,
which contains a phrase repeated twice and a word that does not exist, and which stops
before reaching completion. Version (b) has text that appears to be correct: The
selectmen shall start a recruitment program for a new town manager within thirty days of
their appointment of an acting town manager and shall appoint a new town manager
within one hundred twenty days.
Section 4 Removal Procedures
The board of selectmen may remove the town manager from office after
first applying the following procedures:
(a) Notice By affirmative vote of a majority of all of its members the board
of selectmen may adopt a preliminary resolution of removal setting forth in
reasonable detail the reason or reasons for the removal propose removal.
The preliminary resolution may suspend the town manager for a period not to
exceed forty-five days. A copy of the resolution shall be delivered to the
town manager forthwith following the adoption.
(b) Public Hearing Within five days after the delivery of the preliminary
resolution of removal, the town manager ma town manager may request a
public hearing on the reasons cited for removal by filing a written request
therefor with the board of selectmen. The hearing shall be convened by the
board of selectmen not less than twenty nor more than thirty days after a
request is filed. Not less than five days' prior written notice n notice of the
date upon which the hearing will commence, shall be given to the town
manager. The time limitations set forth herein may be waived in writing by
the town manager. The town manager shall be entitled to file a written
statement with the board of selectmen responding to the reasons cited for
the proposed removal, provided the same is received by the board of
selectmen not less than forty-eight hours in advance of the time set for the
commencement of the public hearing. The town manager may be
represented by counsel at the public hearing. He shall be entitled to present
evidence, call witnesses and personally or through counsel, question any
Page 40
witnesses appearing at the hearing.

(c) Removal If the town manager does not request a public hearing, then
upon the expiration of ten days from the date of delivery to him of the
preliminary resolution of removal, or if the town manager does request a
public hearing, then five days from the completion of the public hearing or
forty-five days from the date of the adoption of the preliminary resolution,
whichever occurs later; the board of select may by the affirmative vote of a
majority of all of its members adopt a final resolution of removal that shall be
effective upon adoption. Failure to adopt a final resolution of removal within
the time limitations provided in this section shall nullify the preliminary
resolution of removal.
The action of the board of selectmen in suspending or removing the town
manager 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. The town manager shall continue to receive his salary
until a final resolution of removal has become effective.
(d) Upon the termination of the town manager's appointment, whether
voluntary or otherwise, he shall receive shall receive, in addition to any other
benefits provided in his contract, termination pay equal to one month's salary
for each full year of service as manager, not to exceed three month's salary
in total. To be eligible for this benefit upon voluntary termination, the town
manager must give the board of selectmen sixty days written notice of intent
to leave.
Policy
The termination pay noted in section (d) was raised as a potential issue, as was the
question of how common this kind of provision is. In terms of other towns, a quick search
of several dozen Massachusetts town charters only turned up one that had a similar
provision.
In terms of the logic of the provision, it contributes to making the position an attractive
one from a recruiting standpoint, both because of the direct financial benefits and
because of the added stability that it gives the position. Given the penalty the Town
must pay for termination, it may (in practice or in perception) raise the bar for
termination and thus provide a safeguard for a potential hire considering which
community to work for.
At the same time, there is no reason that a provision like this could not be negotiated in a
contract between a Board of Selectmen and a Town Manager, if the Board thought that
offering something like this was in the Towns best interest. Putting this provision in the
charter ties the Boards hands in negotiating a contract.
On balance, the Center believes that a termination pay provision is better left to a
contract and removed from the Towns charter.
Technical
Page 41
In sub-section (c) of version (a), the board of selectmen is shortened to the board of
select. It is correct in version (b).
Page 42
REVIEW OF TEXT: ARTICLE 5: ADMINISTRATIVE ORGANIZATION

Section 1 Creation
Agencies, and Offices
of
Departments,
Divisions,
The organization of the town into operating agencies may be accomplished

through either method provided in this section.
(a) By-Laws - Subject only to express prohibition in the constitution, the
general laws or the charter, the town meeting may, by bylaw, reorganize,
consolidate, or abolish any town agencies in whole or in part and establish
such new town agencies as it deems necessary or advisable. It may prescribe
the functions of any town agency; provided, however, that no function
assigned by the charter to a particular town agency may be discontinued or,
unless the charter so provides, assigned to any other.
(b) Administrative Code - Subject only to express prohibitions in the
constitution, the general laws or the charter, the board of selectmen, upon
the recommendation of the town manager, may from time to time prepare
and submit to the town meeting for approval as an administrative code a
plan of organization or reorganization, or amendments to any existing plan.
for the orderly, efficient or convenient conduct of the business of the town.
The board of selectmen may, upon the recommendation of the town
manager, through an administrative code, reorganize, consolidate or abolish
any town agencies in whole or in part and establish such new town agencies
as it deems necessary or advisable. It may prescribe the functions of any
town agency and, for such purpose, transfer the powers and duties and, so
far as is consistent with the use for which the funds were voted by the town,
transfer the appropriations of one town agency to another; provided,
however, that no function assigned by the charter to a particular town
agency may be discontinued, or unless the charter specifically so provides,
assigned to any other.
Prior to the adoption of such a plan, the board of selectmen shall hold one or
more public hearings on the proposal giving notice by publication in a local
newspaper not less than seven days in advance, which notice shall describe
the scope of the proposal and the time and place at which the hearing shall
be held. Following such public hearing, the board of selectmen shall submit
to the town meeting, by warrant article, its proposal, which it may have
modified subsequent to the public hearing.
An organization or reorganization plan shall become effective at the
expiration of ninety days following the date of the town meeting at which the
proposal is submitted, unless the town meeting shall, by a majority vote
within that time, vote to disapprove the plan.
The town meeting may vote only to approve or disapprove the plan and may
not vote to amend or alter it.
Policy
Page 43

Technical
In version (a), there is a period in the final sentence of the sub-section (b): plan. for
Version (b) has a comma in its place, which is probably the correct punctuation.
Section 2 Table of Organization
The town manager shall prepare for submission to the board of selectmen a
table of organization establishing personnel requirements within the town
agencies created by by-law or by administrative code. The table of
organization shall become effective unless rejected by the_ board of
selectmen within thirty days following the date of its submission.
Policy
Technical
In version (a), the title of this section is Section 3 Table of Organization. Version (b) has
the section correctly labeled Section 2 Table of Organization.
In version (a), there is an unnecessary underline after the in the last sentence: the_.
Version (b) does not have it.
Section 3 Publication of Administrative Code and
Table of Organization
For the convenience of the public, the administrative code and any
amendments thereto shall be printed as an appendix to, but not an integral
part of, the by-laws of the town. The table of organization prepared by the
town manager shall be published annually in the town report.
Policy
Technical
Page 44
Section 4 Department of Public Works
(a) Establishment and Scope - There shall be a department of public works
responsible for the performance of all public works activities of the town
placed under its control by the charter, by by-law, by administrative code or
otherwise, including but not limited to refuse collection and disposal, forestry
service, protection of natural resources, maintenance of all municipal
buildings and grounds water supply and distribution, sewers and sewerage
systems, and streets and roads.
The department of public works shall assume all of the duties and
responsibilities in the performance of public works functions, including but
not limited to those performed prior to the adoption of the charter by or
under the authority of the sewer commission, the park commission, the
cemetery commission and the board of selectmen.
(b) Director of Public Works - The department of public works shall be under
the direct control of a director of public works who shall be appointed by and
who shall be directly responsible to the town manager. The director of public
works shall serve at the pleasure of the town manager. He shall be a person
especially fitted by education, training and previous experience to perform
the duties of the office.
The director of public works shall be responsible for the supervision and
coordination of all divisions within the department in accordance with state
statutes, town by-laws, administrative code and directives of the town
manager. Until such time as the position of public works director is funded
and tilled, the town manager shall perform such duties.
(c) Policy Formulation - The board of selectmen, acting through the town
manager, shall establish the priorities and policies to govern the operation of
the department and shall promulgate all necessary rules and regulations.
Policy
One interviewee noted that this section seems to imply that solid waste services, water
supply and distribution, and cemetery services, among others, must be part of the
Department of Public Works, due to this language including but not limited to refuse
collection and disposal, forestry service, protection of natural resources, maintenance of
all municipal buildings and grounds water supply and distribution, sewers and sewerage
systems, and streets and roads and this language [t]he department of public works
shall assume all of the duties and responsibilities in the performance of public works
functions, including but not limited to those performed prior to the adoption of the
charter by or under the authority of the sewer commission, the park commission, the
cemetery commission and the board of selectmen.
Currently, the Cemetery Division and the Kenwood Water Department both report directly
to the Town Manager. The Sewer Department reports to the Town Manager, retains an
Page 45
appointed Commission appointed by the Town Manager, and is funded as an enterprise

fund. (It is also important to note that the Public Works Director is currently the appointed
Chairman of the Sewer Commission, which provides a helpful connection between the
two entities.) Pulling these items together, it seems that the creation of the public works
department originally envisioned in the 1985 Charter is still an ongoing process.
Before the Town considers any changes to the existing charter language, it is worth a
deeper discussion within the Town about how the implementation of the public works
department has gone, relative to what was envisioned in the original charter. While
interviewees did not express any strong concerns that there were major issues occurring
as a result of the delay in full implementation of the department, there was some interest
in further discussion and analysis about the delays and whether steps can and should be
taken to complete the implementation process.
Beyond all of this, there is also the Dracut Water Supply District, which is an entirely
separate government entity that does not report to the Town. As noted, there was little
interest in addressing this issue at this time, and it is outside the scope of this report to
get too deep into the issue. Nevertheless, the Center does encourage the Town to
periodically raise the issue of the organizational structure of the entities providing water
to the residents of Dracut to determine if the existing arrangement is as effective,
efficient, and accountable as it could be.
Technical
In that they refer to specific changes that will occur to operations as a result of the
charter, there are portions of this section that seem as if they belonged in the
Transitional Provisions section. Most obviously, this sentence in sub-section (b) could
have initially been considered transitional and may now be removed: Until such time as
the position of public works director is funded and filled, the town manager shall perform
such duties
In sub-section (a) of version (a), there is a comma missing toward the end of the
sentence between grounds and water. This is correct in version (b).
Although both version (a) and version (b) correctly refer to a park commission in subsection (a), Center staff was also provided a hard copy of some other version that
incorrectly has that written as a part commission.
Finally, in version (a) of sub-section (b), it appears the word filled has been replaced
with tilled in the second sentence.
Section 5 Town Accountant
(a) Appointment: Qualifications: Term of Office - There shall be a town
accountant, appointed by the board of selectmen. The town accountant shall
have at least three years' prior full time accounting experience. The town
accountant shall devote his entire time to the performance of his duties and
the supervision of the employees of his department. The town accountant
shall be appointed in March of every third year for a three-year term to run
from the first day of the following April and until the qualification of his
Page 46
successor. The town accountant may be removed by the board of selectmen

for cause and the vacancy filled by them in the same manner as an original
appointment. for the remainder of the unexpired term.
(b) Powers and Duties - The town accountant shall be subject to the
supervision of the town manager. He shall have, in addition to the powers
and duties conferred and imposed upon town accountants, by general laws,
the following powers and duties:
(I) He shall prescribe the methods of installation and exercise
supervision of all accounting records of the several town officers and
agencies; provided, however, that any change in the system of accounts shall first be discussed with the town manager and the town
agencies affected.
(2) He shall establish standard practices relating to all accounting
matters and procedures and the coordination of systems throughout
the town, including clerical and office methods, records, reports and
procedures as they relate to accounting matters. He shall prepare and
issue rules, regulations and instructions relating thereto that, when
aproved by the town manager, shall be binding upon all town agencies
and employees.
(3) He shall draw all warrants upon the town treasurer for the
payment of bills, drafts and orders chargeable to the several
appropriations and other accounts.
(4) Prior to submitting any warrant to the town manager, he shall
examine and approve as not being fraudulent, unlawful or excessive,
all bills, drafts and orders covered thereby. In connection with any such
examinations, he may make inspection as to the quality, quantity and
condition of any materials, supplies or equipment delivered to or
received by any town officer or agency. If upon examination, it appears
to the town accountant that any such bill, draft or order is fraudulent,
unlawful or excessive, and he shall immediately file with the town
manager and town treasurer a written report of the reasons for his
findings.
(5) He shall be responsible for a continuous audit of all accounts and
records of the town wherever located.
(c) Vacancy - If the town accountant is unable to perform his duties because
of disability or absence or if the office is vacant because of resignation or
death, the board of selectmen may appoint a temporary town accountant to
hold such office and exercise the powers and perform the duties until the
town accountant, who was disabled or absent resumes his duties, or until
another town accountant is duly appointed. Said temporary appointment
shall be in writing, signed by the board of selectmen and filed in the office of
the town clerk.
Policy
Page 47

Technical
In version (a), there is a period in the final sentence of the sub-section (a): appointment. for Version (b) has a comma in its place, which is probably the correct
punctuation.
In version (a), the header for sub-section (b)(1) has an I instead of a 1.
In sub-section (b)(2) of version (a), the word approved is spelled aproved.
There are a variety of inconsistencies in sub-section (b)(4). In version (a), the final
sentence reads as follows: If upon examination, it appears to the town accountant that
any such bill, draft or order is fraudulent, unlawful or excessive, and he shall immediately
file with the town manager and town treasurer a written report of the reasons for his
findings. It appears that the and is included in this version in error, which makes more
sense both grammatically and substantively. The word does not appear in version (b),
which reads: If, upon examination, it appears to the town accountant that any such bill,
draft or order is fraudulent, unlawful or excessive, he shall immediately tile with the town
manager and town treasurer a written report of the reasons for his findings. The
typographical error in this version is the word tile, which more appropriately in version
(a) appears as file.
Finally, the usage of commas in sub-section (c) is inconsistent between versions and
could be improved from a grammatical standpoint. The comma in version (a) between
accountant and who is unnecessary, and both versions are missing a comma
between absence and or.
Page 48
REVIEW OF TEXT: ARTICLE 6: FINANCES AND FISCAL PROCEDURES

Section 1 Fiscal Year
The fiscal year of the town shall begin on July first and end on June thirtieth,
unless another provision is made by general law.
Policy
Technical
Section 2 School Committee Budget
The budget adopted by the school committee shall be submitted to the town
manager in sufficient time to enable him to prepare the total town budget he
is required to submit by section 3.
(a) Public Hearing - At least thirty days before the meeting at which the
school committee is to vote on its final budget request, the school committee
shall cause to be published in a local newspaper a general summary of its
proposed budget. The summary shall indicate specifically any major
variations from the present budget and the reasons for such variations and a
notice stating (1) the times and places where complete copies of the budget
shall be available for examination by the public, and (2) the date, time and
place, not less than seven nor more than fifteen-days following such
publication, when a public hearing shall be held by the school committee on
the proposed budget.
(b) Adoption - The action of the school committee in adopting the budget
following the public hearing shall be summarized and the vote of each
member on any amendments offered to the proposed budget shall be duly
recorded.
Policy
One interviewee asked whether sufficient in the first sentence of this section needs to
be defined more formally. Another interviewee wondered whether the requirement that
information in the local papers include major variations from the present budget and
the reasons for such variations has been met recently. The concerns seemed to center
on a feeling that the School Committee was often late in submitting its budget
information, although there was also some recognition that the School Committee was
trying to improve its record on this front, and also that the states release of information
about Chapter 70 funding may increase the challenges.
Page 49
There was no consensus on this issue. Some felt that the budget timeline as currently
written was working sufficiently well not to try to tinker with it. Others wanted to see
more rigid timelines put in.
Given the difficulties inherent in charter revision and the potential for external changes
that affect the provision of numbers needed for the annual budget process, putting a
hard and fast deadline into the charter may not be an ideal mechanism for improving the
timeliness of budget information. Instead, a compromise solution might be to include a
reference to a timeline being provided by by-law. This would allow the Town to convey the
importance of a deadline by anchoring it in a local statute while also preserving the
Towns ability to adapt it as needs change.
Technical
There appears to be an unnecessary hyphen in the last sentence of sub-section (a) of
version (a): fifteen-days. This does not appear in version (b).
Section 3 Submission of Proposed Budget
At least four months before the start of the fiscal year, the town manager
shall submit to the finance committee a proposed budget for the ensuing
fiscal year with an accompanying budget message and supporting
documents. He shall simultaneously provide for the publication in a local
newspaper of a general summary of the proposed budget and a notice
stating the times and places where complete copies of his proposed budget
shall be available for examination by the public.
Policy
Many recent charters include language mandating the posting of information such as this
on the official Town website. Obviously, such language would not have been
foreseen in the 1985 charter (and it seems likely that a reference to a website will
seem out-of-date at some point in future), but it is now such an important part of the
regular provision of information that its inclusion is probably a good update to the
charter. The Center recommends include a reference to the Town website at each
point in the charter where the document currently requires examination by the
public.
Technical
Version (a) of the charter has a typo in header: Sectoin 3. Version (b) has the correct
Section 3.
Page 50
Section 4 Budget Message

The budget message submitted by the town manager shall explain the
proposed budget for all town agencies, both in fiscal terms and in terms of
work programs. It shall outline proposed financial policies of the town for the
ensuing fiscal year; describe important features of the budget; indicate any
major variations from the budget for the current year in financial policies,
expenditures and revenues together with the reasons for such changes;
summarize the town's debt position; and include such other material, as the
town manager deems desirable.
Policy
Technical
In the final sentence of version (a), there is an unnecessary comma: material, as. This
comma does not appear in version (b).
Section 5 The Proposed Budget
The proposed budget shall provide a complete financial plan of all town
funds and activities, including the budget as requested by the school
committee for the ensuing year. Except as may otherwise be required by
general law or by the charter, it shall be in the form the town manager deems
desirable. In his presentation of the budget, the town manager shall make
use of modern concepts of fiscal presentation so as to furnish a maximum
amount of information and the best financial control. The budget shall be so
arranged as 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 operations during the ensuing fiscal
year, detailed by town agency, function and work programs, and the
proposed methods of financing such expenditures.
(b) Proposed capital expenditures during the ensuing fiscal year, detailed by
town agency, and the proposed method of financing each such capital
expenditure; and
(c) Estimated surplus revenue and free cash at the end of the current fiscal
year, including estimated balances in any special accounts established for
specific purposes.
Policy
Page 51
One interviewee thought the language including the budget as requested by the school
committee should be revisited. A discussion of issues surrounding the school committee
budget is dealt with in that section (article 6, section 2).
Technical
Section 6 Action on the Budget
(a) Public Hearing - The finance committee shall, forthwith upon receipt of
the proposed budget, provide for publication in a local newspaper of a notice
stating the date, time and place, not less than five nor more than fourteen
days following such publication, when a public hearing shall be held by the
finance committee on the proposed budget. .
(b) Finance Committee Meetings - The finance committee shall consider in
public meetings the detailed expenditures for each town agency proposed by
the town manager, and may confer with representatives of any such agency
in connection with such considerations. The finance committee may require
the town manager or any other town agency to provide such additional
information, as it deems necessary or desirable in furtherance of its
responsibility.
(c) Presentation to the Town Meeting - The finance committee shall file a
report of its recommendations with the town clerk in sufficient time to be
distributed to any voter requesting a copy at least seven days before the
action on the budget article is to begin. The budget to be acted upon by the
town meeting shall be the budget as proposed by the town manger which
budget may be amended by the town meeting.
(d) All warrant articles requiring an appropriation in excess of $500 shall be
intergrated into the town manager's budget and shall be considered and
reported thereon by the finance
Policy
Given that inflation over time affects the real value of fixed dollar amounts, and given
that preferences may change, the Town ought to consider removed the $500 amount and
reference that the amount to be integrated will be as provided by by-law.
Technical
Page 52
There are several typographical errors in version (a) of this section. First, there is an extra
period at the end of sub-section (a): on the proposed budget. . This does not appear
in version (b). Similarly, in sub-section (d) of version (a), the word integrated is
incorrectly spelled as intergrated. This does not appear in version (b). Finally, the final
word of sub-section (d) in version (a) has disappeared, leaving the sentence hanging.
Version (b) completes the sentence with the word committee. This presumably is the
correct completion of the sentence.
Beyond that, both versions have a typo in sub-section (c) in their reference to the town
manger. (Both versions are also missing a comma between town manger and which
in that same sentence.
Section 7 Capital Improvement Program
(a) Capital Planning Committee - There shall be a capital planning
committee consisting of seven or nine members each of whom must reside in
a different precinct from all other members appointed by the town manager
for terms of three years, initially so arranged that as nearly an equal number
of terms as possible shall expire each year.
The capital planning committee shall prepare an ongoing capital plan
covering the ensuing five years including all capital outlay items contained in
the current annual budget and reasonably anticipated for succeeding years.
They shall monitor the creation of bonded indebtedness and the annual
interest charges thereon. They shall report to the town manager in sufficient
time to enable him to develop the capital program required hereunder.
(b) The town manager shall submit a capital improvement program to the
finance committee at least thirty days before the date fixed for submission of
his proposed budget. It shall be based on material prepared by a capital
planning committee, including (a) a clear, concise general summary of its
contents; (b) a list of all capital improvements proposed to be undertaken
during the ensuing five years, with supporting information as to the need for
each capital improvement; (c) cost estimates, methods of financing and
recommended time schedules for each improvement; and (d) the estimated
annual cost of operating and maintaining each facility and piece of major
equipment involved. This information is to be annually revised by the capital
planning committee with regard to the capital improvements still pending or
in the process of being acquired, improved or constructed.
Policy
As noted for the earlier standing committees referenced in article 2, there can be
difficulties in finding sufficient participation for volunteer committees by precinct. One
potential compromise solution to this would be to remove the precinct requirement from
the language and replace it with language in the bylaws that gives initial preference for
precinct representation on committees, but provides that seats may be filled from among
applications if residents from the requisite precincts are not forthcoming.
Technical
Page 53
As with several sentences in Article 2, in the track changes of version (a), there are three
sets of edits that were made in 2005 (according to the edit dates). They are listed here
with the new text bold and underlined, and the deleted text marked with a strike through:
There shall be a capital planning committee consisting of seven or nine
members each of whom must reside in a different precinct from all
other members. having at least one-member from each precinct appointed
by the town manager for terms of three years, initially so arranged that as
It was not clear to Center staff whether these changes were formally adopted as charter
changes, whether they were changes noted in the charter but made via by-law as
provided, or whether they were added for some other reason.
Section 8 Financial Public Records
Statements summarizing the budget and the capital improvement program
and related warrant articles, as adopted by the town meeting. shall be made
available in the office of the town manager for examination by the public not
more than twenty days after their adoption.
Policy
Technical
In version (a), there is a period in the middle of the one sentence that constitutes subsection (a): meeting. shall Version (b) has a comma in its place, which is probably
the correct punctuation.
Section 9 Approval of Financial Warrants
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 manager. The approval of any such warrant by the town manager and
by the board of selectmen shall be sufficient authority to authorize payment
by the town treasurer, but the board of selectmen alone shall approve all
warrants in the event of a vacancy in the office of town manager.
Policy
Several interviewees raised the question of whether the Board of Selectmen needed to
sign the warrants, as stated in this section of the charter. While several wanted to see if
Page 54
the function could be moved to the Town Manager, others thought it was best left with
the Board and Town Manager jointly. Although the MGL provides that the Board of
Selectmen shall approve warrants to authorize payments, a large and growing number of
towns are moving this responsibility to a Town Manager or Town Administrator, in whole
or with some caveats.
Given the Town Managers role managing day-to-day operations, and the Boards policymaking role, the task does seem more suited to the Town Manager. Along those lines,
below is an example of a town that has moved signing authority from the Board to the
Town Manager:
Warrants for the payment of town funds, prepared and signed by the town
accountant in accordance with general law procedures, shall be submitted to
the town manager, and his or her approval thereof shall be sufficient
authorization for payment by the town treasurer. At least three selectmen
shall approve all warrants in the event of a vacancy in the office of town
manager.
On the other hand, the Center is aware that some Towns want to preserve a check and
balance in the review of the warrants. Along those lines, below is an example of a town
that has moved signing authority from the Board to the Town Manager within limits set by
the Board:
Warrants for the expenditure of Town funds, prepared and signed by the
Town Accountant in accordance with General Law and not exceeding an
amount fixed by the Board of Selectmen, shall be approved by the Town
Administrator. Approval of the Board of Selectmen shall be required for
expenditures in excess of the amount fixed by it.
In almost all cases, towns include a sentence placing the authority to sign warrants with
the Board of Selectmen in the absence or vacancy of the Town Manager.
Technical
Page 55
REVIEW OF TEXT: ARTICLE 7: GENERAL PROVISIONS

Section 1 Charter Changes
This charter may be replaced, revised or amended in accordance with the
procedures made available by article LXXXIX of the amendments to the
constitution and any legislation enacted to implement the said amendment.
Policy
Technical
Section 2 Severability
The provisions of the charter are severable. If any provision of the charter is
held invalid, the other provisions of the charter shall not be affected thereby.
If the application of the charter or any of its provisions to any person or
circumstance is held invalid, the application of the charter and its provisions
to other persons and circumstances shall not be affected thereby.
Policy
Technical
Section 3 Specific Provisions Prevail

To the extent that any specific provision of the charter shall conflict with any
provision expressed in general terms, the specific provision shall prevail.
Policy
Technical
Page 56

Section 4 References to General Laws

All references to the general laws contained in the charter refer to the
general laws of the Commonwealth of Massachusetts and are intended to
include any amendments or revisions to such chapters and sections or to the
corresponding chapters and sections of any rearrangement of the general
laws enacted subsequent to the adoption the charter.
Policy
Technical
Section 5 Computation of Time

In computing time under the charter, if seven days or less. only business
days, not including Saturdays, Sundays or legal holidays shall be counted_ if
more than seven days, every day shall be counted.
Policy
Technical
Version (a) of this section has accumulated several typos. Version (b) is pasted here to
provide what seems to be the correct text for the entire section: In computing time
under the charter, if seven days or less, only business days, not including Saturdays,
Sundays or legal holidays shall be counted; if more than seven days, every day shall be
counted.
Page 57
Section 6 Number and Gender

Words importing the singular number may extend and be applied to several
persons or things, words importing the plural number may include the
singular and words importing the masculine gender shall include the feminine
gender.
Policy
As noted earlier, some towns have moved toward a more gender-neutral use of pronouns
in charter text. This is a matter that the Town can consider at its discretion.
Technical
Section 7 Definitions
Unless another meaning is clearly apparent from the manner in which the
word is used, the following words as used in the charter shall have the
following meanings:
(a) Charter - The word charter shall mean this charter and any
amendments to it made through any of the methods provided under article
LXXXIX of the amendments to the state constitution or general laws, chapter
43B.
(b) Precinct - The word "precinct" shall mean the areas into which the town
is divided for the purpose of electing town officers
(b) Library - The word "library" shall mean the Moses Greeley Parker
Memorial Library and any branch or branches that may be established
thereof.
(d) Local Newspaper - The words "local newspaper" shall mean a newspaper
of general circulation within the town.
(e) Majority Vote - The words "majority vote" shall mean a majority of those
present and voting, provided that a quorum of the body is present.
(f) Multiple Member body - The words "multiple member body" shall mean
any board, commission or committee consisting of two or more persons,
whether elected or appointed.
(g) Town - The word "town" shall mean the Town of Dracut.
(h) Town Agency - The words "town agency" shall mean any board,
Page 58
commission, committee, department or office of the town government,

whether elected, appointed or otherwise constituted.
(i) Town Officer - The words "town officer" shall mean an elect ed or
appointed official of the town, who in the performance of his duties of office
exercises some portion of the sovereign power of the town, whether great or
small. A person may be a town officer whether or not he receives any
compensation for his services.
(j) Voters - The word "voters" shall mean registered voters of the town.
Policy
Technical
Section 8 Rules and Regulations
A copy of all rules and regulations adopted by any town agency shall be filed
in the office of the town clerk and made available for review by any person
who requests such information. Such rules and regulations shall not become
effective until ten days following the date they are so filed.
Policy
Technical
Section 9 Re-Enactment and Publication of By-Laws
At intervals of not more than ten years, proposed revisions or recodifications
of the by-laws of the town shall be presented to the town meeting for reenactment. Such revisions or recodifications shall be prepared by a
committee selected or appointed for that purpose. The town counselor, if the
board of selectmen shall so direct, special counsel appointed for that purpose
shall serve as legal counsel to the committee. The committee shall
commence its review following the adjournment of the annual town meeting
Page 59
in the year preceeding the year in which its report is to be filed.

Within eight months following its appointment, the committee shall cause to
be published in a local newspaper (a) a report summarizing its
recommendations and noting the times and places within the town where
complete copies of the report shall be available for inspection by the public,
and (b) the date, time and place not less than two weeks following such
publication when a public hearing shall be held by the committee on the
preliminary report.
Copies of the revised by-laws shall be made available for public distribution.
In each year between such re-enactments and publications an annual
supplement shall be published containing all by-laws and amendments to bylaws that had been adopted in the previous year.
Policy
The review of the by-laws provided for in this section is a useful tool to ensure they are
kept up-to-date. In addition to this kind of review, several interviewees asked about
whether charters provide for their own review on a periodic basis. The answer is that
many of them do. The most common timeframe is probably ten years, but plenty of
others exist. Below is an example of charter language providing for a periodic review of a
charter:
Commencing in the year [year chosen by the Town] and at least every
[period for review] years thereafter, a charter review committee shall be
appointed by the board of selectmen for the purpose of reviewing the
provisions of the charter and to make reports concerning any proposed
amendments or revisions which such committee deems necessary and such
report shall be presented to the board of selectmen within nine months after
the charter review committees first meeting. The board of selectmen shall
hold a public hearing on the reports recommendations within 60 days after
the report is presented to the board.
Although it seems that the Town has, since the adoption of its current charter,
periodically reviewed the charter without language included in the text, the Center does
recommend that periodic charter review be included among revisions to the charter that
the Town considers. This can help ensure that such reviews continue if the Town should
become less diligent about it at some point in the future.
Technical
In version (a), the section header includes a period unnecessarily: Section 9 ReEnactment and Publication of By.-Laws. The section header in version (b) is correct:
Section 9 Re-Enactment and Publication of By-Laws.
In version (a), the word preceding is spelled preceeding in the last sentence of the
first paragraph. Version (b) is correct.
Page 60
Section 10 Procedures of Multiple Member Bodies

(a) Meetings - All multiple member bodies of the town. whether elected,
appointed or otherwise constituted, shall meet regularly at such times and
public places within the town as they may, by their own rules, prescribe.
Special meetings of any multiple member body shall be held on the call of
the respective chairman. or by a majority of the members thereof by suitably
written notice delivered to the residence or place of business of each
member at least twenty-four hours in advance of the time set. A copy of said
notice shall also be posted on the town bulletin boards. All meetings of the all
multiple member bodies shall, at all times, be open to the public and to the
press, except as may otherwise be authorized by law.
(b) Rules and Journal - Each multiple member body shall determine its own
rules and order of business unless otherwise provided by the charter or by
by-law, and shall provide for keeping a journal of its proceedings. These rules
and journals shall be a public record kept available in the town clerk's office
and additional copies shall be kept available in the library.
(c) Voting-- Except on procedural matters, all votes of all multiple member
bodies shall be taken by voice or roll call vote, the results of which shall be
recorded in the journal.
(d) Quorum - A majority of the members of the multiple member body shall
constitute a quorum, but a smaller number may adjourn from time to time.
Policy
Technical
In version (a), there is a period in the first sentence of the sub-section (a): town.
whether Version (b) has a comma in its place, which is probably the correct
punctuation. Also in version (a), there is a period in the second sentence of the subsection (a): chairman. or Version (b) has a comma in its place, which is probably
the correct punctuation.
Section 11 Elections
(a) Annual Town Elections - The election of town officers and referenda
questions shall be acted upon and determined by voters on official ballots
without party or other designation on the date fixed in the by-laws of the
town.
(b) Ballot Position - The order in which names or candidates appear on the
Page 61
official ballot in any town election shall be determined by a drawing by lot

conducted by the town clerk. Each candidate shall have an opportunity to be
present in person or to be represented by a designee at the drawing.
Policy
Technical
Section 12 Notice of Vacancies
Whenever a vacancy occurs in any town office or town employment or in
any multiple member body, except for positions covered under the civil
service law of the Commonwealth, whether by reason of death, resignation,
expiration of a fixed term for which a person has been appointed, or
otherwise, the board of selectmen or other appointing authority shall
forthwith cause public notice of the vacancy to be posted on the town
bulletin boards for ten days. Any person who desires to be considered for
appointment to the position may, within ten days following the date notice is
posted, file with the appointing authority, a statement setting forth in clear
and specific terms his qualifications for the position. No permanent
appointment to fill such a position shall be effective until at least fourteen
days have elapsed following such posting, and until all persons filing such
statements shall have been considered.
Policy
Technical
Section 13 Recall Procedures
(a) Application - Any holder of an elective office enumerated in Article 3.
Section I, with more than six months remaining in the term for which he was
elected, may be recalled therefrom by the voters in the manner provided in
this section.
Page 62
(b) Recall Petition - Two hundred or more voters may file with the town clerk
an affidavit containing the name of the officer whose recall is sought and a
statement of the grounds upon which the petition is based. At least twentyfive names of voters shall be from each precinct. The town clerk shall
thereupon deliver to said voters petition blanks demanding such recall,
printed forms of which he shall keep available. The blanks shall be issued by
the town clerk with his signature and official seal attached thereto. They shall
be dated; shall be addressed to the board of selectmen; shall contain the
names of all persons to whom they are issued the name of the person whose
recall is sought, the grounds for recall as stated in the affidavit; and shall
demand the election of a successor to the said office. A copy of the affidavit
shall be entered in a record book to be kept in the office of the town clerk.
The recall petitions shall be returned and filed with the town clerk within
twenty days following the date of the filing of the affidavit signed by at least
ten percent of the voters and containing their names and addresses:
provided, however, that not more than twenty-five percent of the total
number shall be from any precinct.
The town clerk shall, within twenty-four hours of receipt, submit the
petitions to the registrars of voters who shall forthwith certify thereon the
number of signatures that are names of voters.
(c) Recall Election - If the petition shall be certified by the town clerk to be
sufficient, he shall forthwith submit the same with his certificate to the board
of selectmen. Upon its receipt of the certificate, the board of selectmen shall
forthwith give written notice of such petition and certificate to the officer
whose recall is sought. If said officer does not resign his office within five
days after delivery of such notice, the board of selectmen shall order an
election to be held not less than thirty-five nor more than forty days after the
date of the town clerk's certificate of the sufficient petition. If, however, any
other town election is to occur within sixty days after the date of the certificate, the board of selectmen shall hold the recall election on the date of
such other election. If a vacancy occurs in said office after a recall election
has been ordered, the election shall nevertheless proceed as provided in this
section, and the ballots for candidates shall, notwithstanding a recall
provision to the contrary, be counted.
(d) Nomination of Candidates - Any officer whose recall is sought may not be
a candidate to succeed himself in the recall election. The nomination of
candidates, the publication of the warrant for the recall election, and the
conduct of same shall all be in accordance with the provisions of law relating
to elections. unless otherwise provided in this section.
(e) Propositions on Ballot - Ballots used in a recall election shall state the
following propositions in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Adjacent to each proposition, there shall be a place to vote for either of the
said propositions. After the proposition shall appear the word "candidates"
and the names of candidates nominated as required in section 42 of chapter
54 of the General Laws. If a majority of the votes cast upon the question of
recall is in the affirmative, the candidate receiving the highest number of
Page 63
votes shall be declared elected. If a majority of votes on the question is in the

negative, the ballots for candidates need not be counted. except as provided
in (c) above.
(f) Officeholder - the incumbent shall continue to perform the duties of his
office until the recall election. If he is not recalled in the election he shall
continue in office for the remainder of his unexpired term, subject to recall as
before, except as provided in this section.
If he is recalled in the election, he shall be deemed removed upon the
qualification of his successor who shall hold office during the unexpired term.
If the successor fails to quality within five days after receiving notification of
his election, the incumbent shall thereupon be deemed removed and the
office vacant.
(g) Repeat of Recall Petition - No recall petition shall be filed against an
officer within three months after he takes office, or in the case of an officer
subjected to a recall election and not recalled thereby, until at least six moths
after the election at which his recall was submitted to the voters.
Policy
The recall election timeline provided in the charter is a fairly tight one: the board of
selectmen shall order an election to be held not less than thirty-five nor more than forty
days after the date of the town clerk's certificate of the sufficient petition. If, however,
any other town election is to occur within sixty days after the date of the cer tificate, the
board of selectmen shall hold the recall election on the date of such other election. A
more typical timeline gives a range of between sixty-four and ninety days for the
election, with the provision that provides for waiting until an upcoming regular election
extended to 110 or 120 days.
Technical
In version (a), there is a period in the first sentence of the sub-section (a): Article 3.
Section I Version (b) has a comma in its place, which is probably the correct
punctuation.
In version (a), there is a comma missing in sub-section (b) between the words issued
and the. Version (b) has the comma in the correct place. Also in sub-section (b) of
version (a), there is a colon where there should be a semi-colon: addresses:
provided Version (b) correctly has the semi-colon.
In version (a), there is a period in the first sentence of the sub-section (d): elections.
unless Version (b) has a comma in its place, which is probably the correct
punctuation.
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In version (a), there is a period in the first sentence of the sub-section (e): counted.
except Version (b) has a comma in its place, which is probably the correct
punctuation.
Both version have a typographical error in sub-section (f), replacing the word qualify
with the word quality in the final sentence of the sub-section. (Version (a) also has an
extra period at the end of that sub-setion.)
Section 14 Employment Security
No full time employee of the town under the jurisdiction of the town
manager shall suffer dismissal unless he first receives a verbal warning from
his superior that specified employment misconduct could result in
termination. Serious or repeated employment misconduct shall be the
subject of written warning by the town manager that such activity could
result in termination; but, after issuing such written warning, the town
manager shall, on the occasion of the first warning, only suspend the
employee for an appropriate time without compensation. Upon further
written warning, the town manager may dismiss said employee, who shall be
provided with written reasons for his dismissal upon his request.
Policy
Several interviewees felt very strongly that certain types of conduct should warrant
immediate dismissal and should be exempt from the section above. In situations where a
severe act of misconduct has been committed, progressive discipline may be insufficient.
The Center supports this recommendation.
While it is certainly important to provide employees with security from termination
without due process, it is important at the same time to provide a mechanism to remove
employees immediately for egregious and extreme actions. [The Center is currently
researching language that would provide an emergency exemption that could
be added to this provision.]
Technical
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REVIEW OF TEXT: ARTICLE 8: TRANSITIONAL PROVISIONS

Because this sections purpose is to provide a logical transition to the original 1985
charter, its provisions are not relevant at this point, and it is not necessary to address its
provisions in this report. (Incidentally, both version (a) and version (b) refer to part
commissioners instead of park commissioners in sub-section (h).)
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MISCELLANEOUS POLICY RECOMMENDATIONS

Throughout the course of the research for this project, the Center accumulated
information related to a small number of policy issues that, while outside the purview of
the charter, are worth noting briefly as potential areas for the Town to review. They are
presented briefly here in no particular order:
Explore making the budget process more electronic;

Consider centralizing collections activities in one office;
Explore creating a consolidated school/town finance department that builds
upon the positive informal (and, to a limited extent, formal) collaboration
already occurring;
Hold more department head meetings to increase and improve internal
communication and information exchange;
Investigate centralizing the purchasing of supplies or even hiring a
purchasing agent;
Consider moving to bi-weekly payroll; and
Explore the advantages and disadvantages of hiring a human resources
administrator.
Page 67
METHODOLOGY
Research Conducted:
The research for this report has involved three basic steps:
1. Detailed review of current Charter, 2006 Charter Committee recommendations,
and other relevant Town documents;
2. One-on-one interviews with a sample of 16 elected officials, department heads,
staff, and committee members; and
3. Collection of comparative data for towns with similar characteristics.
Based upon this research, the Center has prepared this report to be presented to the
Chairman of the Board of Selectmen, Town Manager, and Assistant Town Manager for
comment and feedback. From this feedback, Center staff may revise the report and
provide a final report to the Board of Selectmen.
Center staff will present this report at a Board of Selectmens meeting and will be
available to take questions from the Board and the public on the report at the meeting.
Principles:
For its consulting work in municipalities, the Center uses the following principles to guide
its work.
1. Understand That Every Situation Is Unique. The Center does not believe there
is a single solution that will work in every municipality. Every municipality is
different, and cookie-cutter solutions do not serve the best interests of
communities. For that reason, the Center will examine every municipality on its
own terms and formulate the recommendations that will make the most sense for
it.
2. Obtain Diverse Points Of View On An Issue. The Center recognizes that there
are multiple perspectives to every issue, and that the same facts can lead different
people to different conclusions. In order to have the best possible understanding of
the topic, the Center will make significant efforts to obtain all points of view,
including those contrary to whatever the majority view seems to be.
Recommendations may not provide solutions acceptable to all, but the Center will
listen to all sides and take steps to understand all reasonable opposing viewpoints.
3. Refrain From Passing Judgments On Past Occurrences. Understanding the
full context of a project requires understanding the history that led to the request
for assistance. That often means being aware of past problems and issues that
have occurred, which in turn frequently means hearing accusations and blame
being cast. The Center believes it would be inappropriate and unproductive to pass
judgments on who bears responsibility for past problems.
4. Make Recommendations That Are Pragmatic. Although the Center always
strives to provide recommendations for the best policy alternatives available, the
Center recognizes that all policy is made in a real-world political, fiscal, and
cultural context. For that reason, the Center attempts to ensure that its policy
recommendations can be implemented and are not simply exercises in proposing
unachievable ideals.
5. Make Recommendations That Are Adaptable. The Center believes that the
world of municipal governance is changing rapidly, due to a variety of fiscal,
technological, regulatory, and other factors. For that reason, the Center attempts
Page 68
to provide recommendations that are flexible enough to be successful not only for
the present environment, but also for whatever major changes might appear in the
near future.
Page 69
APPENDIX
[To be completed in final version of report]
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A Report On The Charter of The Town of Dracut.11.27.12

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***DRAFT***

Dracut Charter Review

Dracut Charter Review

General Observations and Overview of Charter

Miscellaneous Policy Recommendations

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GENERAL OBSERVATIONS AND OVERVIEW OF CHARTER

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determine who governs it. Regardless of these challenges, there seemed to be no

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REVIEW OF TEXT: PREAMBLE

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REVIEW OF TEXT: ARTICLE 1: EXISTENCE AND AUTHORITY

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Section 6 Intergovernmental Relations

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REVIEW OF TEXT: ARTICLE 2: TOWN MEETING

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Section 5 Clerk of the Meeting

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Section 6 General Powers and Duties

Section 7 Establishment of Standing Committees

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The committee on rules shall provide a continuing oversight of the business

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There shall be a committee on government regulations consisting of seven

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REVIEW OF TEXT: ARTICLE 3: ELECTED AND APPOINTED OFFICERS

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nearly an equal number of terms as possible shall expire each year.

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Section 3 School Committee

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Section 4 Town Accountant

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Section 6 Board of Health

Section 7 Board of Library Trustees

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There are no recommended formatting or typographical edits to this section.

competitive race between highlyqualified candidates.

competition and few or no highlyqualified candidates.

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REVIEW OF TEXT: ARTICLE 4: TOWN MANAGER

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selectmen, except meetings at which his own removal is to be discussed,

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In version (a), sub-section (b) refers to a part superintendent as opposed to a park

witnesses appearing at the hearing.

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