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.
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.
Dracut Charter Review
Page 1
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
Article 1: Existence and Authority
Article 2: Town Meeting
Article 3: Elected and Appointed Officers
Article 4: Town Manager
Article 5: Administrative Organization
Article 6: Finances and Fiscal Procedures
Article 7: General Provisions
Article 8: Transitional Provisions
Page 8
Page 9
Page 12
Page 22
Page 31
Page 38
Page 44
Page 51
Page 61
Miscellaneous Policy Recommendations
Page 62
Methodology
Page 63
Appendix
Page 64
Page 2
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 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.
Page 4
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
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.
Page 5
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 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
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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 11th 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 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/localofficials/dls-newsroom/ct/charting-a-route-for-charter-change.html).
Page 7
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.
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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
Technical
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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
Section 6 Intergovernmental Relations
Page 10
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
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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
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
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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 policymaking. 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.
Technical
Section 3 Quorum
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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.
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
Page 14
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
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
Page 15

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.
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 by-laws of the town. It shall be responsible for
the decennial review of the by-laws of the town as provided in Article 7, Section 9.
Page 16
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 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
Page 17
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.
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
Page 18
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.
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).
Page 19
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 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
Page 20
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 21
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 bylaw. 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 nearly an equal number of terms as
Page 22
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 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
Page 23
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 nearly an equal number of terms as possible
shall expire each year.
(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 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
Page 24
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.
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
Page 25
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
meeting vote.
Policy
Technical
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 responsible 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.
Page 26
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
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.
Page 27
(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
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 three-year 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
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
Page 28
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
meeting vote.
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 board being
Criteria supporting a position or board being
***ELECTED***
***APPOINTED***
1. It has significant policy-making responsibility.
1. It has minimal policy-making responsibility.
2. It has few ministerial responsibilities and tasks
2. It has many ministerial responsibilities and tasks
whose performance is guided almost entirely by
whose performance is guided almost entirely by
statute.
statute.
3. Someone with little training or expertise in its
3. Someone with little training or expertise in its
Page 29
area of work could quickly and easily become

effective in the work.
4. Its role and tasks are easily and widely
understood by the public.
5. The nature of the position or boards role makes
it relatively simple for the public to evaluate the
performance of its non-policy-making duties (for
example, efficient use of resources, etc.).
6. The position or board is helpful as a check or
balance against another center of power in the
community.
7. It is not critical to the effective and efficient
functioning of the government for this position
or board to cooperate regularly with other
officials.
8. In the particular community in question, election
for the position historically produces a very
competitive race between highly-qualified
candidates.
4.
5.
6.
7.
8.
area of work would have significant difficulty in

performing the work effectively, potentially
creating significant risks for the community.
Its role and tasks are complicated and NOT
easily and widely understood by the public.
The nature of the position or boards role makes
it relatively difficult for the public to evaluate
the performance of its non-policy-making duties
(for example, efficient use of resources, etc.).
The position or board is not needed as a check
or balance against another center of power in
the community.
It is critical to the effective and efficient
functioning of the government for this position
or board to cooperate regularly with other
officials.
In the particular community in question, election
for the position historically produces little or no
competition and few or no highly-qualified
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 30
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 politically-connected 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 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 bylaw, 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.
Page 31
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 by-law, 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 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.
Page 32
(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 by-law, by other town
meeting vote or by the board of selectmen.
Policy
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
Page 33
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.
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.
Page 34
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 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 subsection (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
Page 35
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 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.
Page 36
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
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 37
REVIEW OF TEXT: ARTICLE 5: ADMINISTRATIVE ORGANIZATION

Section 1 Creation of Departments, Divisions, Agencies, and Offices
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
Technical
Page 38
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
Section 4 Department of Public Works
Page 39
(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 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
Page 40
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 sub-section (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 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.
Page 41
(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
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
Page 42
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 43
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.
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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): fifteendays. 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.
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
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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
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
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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
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
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(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
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 nearly an equal number of terms as possible shall expire each year.
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.
Page 48
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 sub-section (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 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 policy-making 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.
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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
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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
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Technical
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
Page 52
business days, not including Saturdays, Sundays or legal holidays shall be counted; if more than seven days,
every day shall be counted.
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.
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(h) Town Agency - The words "town agency" shall mean any board, 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 elected 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 re-enactment. 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
Page 54
following the adjournment of the annual town meeting 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 by-laws 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 Re-Enactment 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.
Section 10 Procedures of Multiple Member Bodies
(a) Meetings - All multiple member bodies of the town. whether elected, appointed or otherwise
Page 55
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 sub-section (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 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
Page 56
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.
(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 twenty-five 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
Page 57
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 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
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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 certificate, 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)
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)
In version (a), there is a period in the first sentence of the sub-section (e): counted. except Version (b)
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
Page 59
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.
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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 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 63
APPENDIX
[To be completed in final version of report]
Page 64

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

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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

General Observations and Overview of Charter

Miscellaneous Policy Recommendations

Dracut Charter Review

Dracut Charter Review

GENERAL OBSERVATIONS AND OVERVIEW OF CHARTER

Dracut Charter Review

Dracut Charter Review

Dracut Charter Review

Dracut Charter Review

REVIEW OF TEXT: PREAMBLE

Dracut Charter Review

REVIEW OF TEXT: ARTICLE 1: EXISTENCE AND AUTHORITY

Section 2 Short Title

Section 3 Division of Powers

There are no recommended technical edits to this section.

Section 4 Powers of the Town; Intent of the Voters

Section 5 Interpretation of Powers

Section 6 Intergovernmental Relations

Dracut Charter Review

Dracut Charter Review

REVIEW OF TEXT: ARTICLE 2: TOWN MEETING

Section 2 Annual Town Meetings

Dracut Charter Review

Dracut Charter Review

Section 4 Presiding Officers

Dracut Charter Review

Section 5 Clerk of the Meeting

Section 6 General Powers and Duties

Dracut Charter Review

There are no recommended policy changes to this section.

Section 7 Establishment of Standing Committees

Dracut Charter Review

Permanent Building Committee - There shall be a permanent building committee consisting of

Dracut Charter Review

Section 8 Warrant Articles

Dracut Charter Review

Dracut Charter Review

Section 9 Referendum Procedure

Dracut Charter Review

Dracut Charter Review

REVIEW OF TEXT: ARTICLE 3: ELECTED AND APPOINTED OFFICERS

Section 2 Board of Selectmen

Dracut Charter Review

possible shall expire each year.

Dracut Charter Review

Section 3 School Committee

Dracut Charter Review

adopted by the school committee;

Section 4 Town Accountant

Dracut Charter Review

Section 5 Board of Assessors

Section 6 Board of Health

Section 7 Board of Library Trustees

Dracut Charter Review

Section 9 Planning Board

Dracut Charter Review

Section 10 Housing Authority

area of work could quickly and easily become

area of work would have significant difficulty in

Dracut Charter Review

REVIEW OF TEXT: ARTICLE 4: TOWN MANAGER

DRAFT