Chapter 259 of the Acts of 2004

AN ACT PROVIDING FOR A STRONG TOWN MANAGER FORM OF GOVERNMENT IN
THE TOWN OF ABINGTON.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:

The following shall be the charter of the town of Abington:

INDEX

ARTICLE I INCORPORATION AND AUTHORITY

Section 1-1 Incorporation
Section 1-2 Short Title
Section 1-3 Form of Government
Section 1-4 Powers of the Town
Section 1-5 Interpretation of Powers
Section 1-6 Intergovernmental Relations

ARTICLE II LEGISLATIVE BRANCH

Section 2-1 Open Town Meeting
Section 2-2 Presiding Officer
Section 2-3 Committees
Section 2-4 Annual Town Meeting
Section 2-5 Special Town Meetings
Section 2-6 Clerk of the Meeting
Section 2-7 Warrant Articles
Section 2-8 Warrants
Section 2-9 Availability of Town Officials at Town Meetings


ARTICLE III ELECTED OFFICIALS

Section 3-1 General Provisions
Section 3-2 Board of Selectmen
Section 3-3 Moderator
Section 3-4 Town Clerk
Section 3-5 School Committee
Section 3-6 Board of Assessors
Section 3-7 Board of Health
Section 3-8 Board of Library Trustees
Section 3-9 Board of Sewer Commissioners
Section 3-10 Board of Water Commissioners
Section 3-11 Housing Authority
Section 3-12 Board of Park and Recreation Commissioners
Section 3-13 Planning Board
Section 3-14 Trustees of Veterans Memorials
Section 3-15 Recall of Elected Officials
Section 3-16 Vacancy in Office

ARTICLE IV TOWN MANAGER

Section 4-1 Appointment, Qualification, Term of Office
Section 4-2 Powers of Appointment
Section 4-3 Administrative Powers and Duties
Section 4-4 Financial Powers and Duties
Section 4-5 Temporary Absence
Section 4-6 Vacancy in Office
Section 4-7 Removal and Suspension

ARTICLE V ADMINISTRATIVE ORGANIZATION

Section 5-1 Organization of Town Agencies
Section 5-2 Publication of Administrative Code and Staffing
Section 5-3 Merit Principle
Section 5-4 Treasurer-Collector
Section 5-5 Police Department Organization
Section 5-6 Fire Department Organization

ARTICLE VI FINANCE AND FISCAL PROCEDURES

Section 6-1 Fiscal Year
Section 6-2 Submission of Budget and Budget Message
Section 6-3 Budget Message
Section 6-4 The Budget
Section 6-5 Action on Budget
Section 6-6 Capital Improvement Program
Section 6-7 Audits
Section 6-8 Warrant

ARTICLE VII GENERAL PROVISIONS

Section 7-1 Charter Changes
Section 7-2 Severability
Section 7-3 Specific Provisions Shall Prevail
Section 7-4 References to General Laws
Section 7-5 Computations of Time
Section 7-6 Number and Gender
Section 7-7 Definitions
Section 7-8 Rules and regulations
Section 7-9 Periodic Review, Charter and By-laws
Section 7-10 Procedures
Section 7-11 Committees: Appointing Authority, In General
Section 7-12 Elections
Section 7-13 Notice of Vacancies
Section 7-14 Appointments and Removals
Section 7-15 Removal and Suspensions
Section 7-16 Loss of Office, Excessive Absence

ARTICLE VIII TRANSITIONAL PROVISIONS

Section 8-1 Continuation of Existing Laws
Section 8-2 Continuation of Government
Section 8-3 Continuation of Personnel
Section 8-4 Time of Taking Effect
Section 8-5 Transfer of Records and Property
Section 8-6 Abolition of Town Administrator Position

ARTICLE I
INCORPORATION

Section 1-1 Incorporation

The inhabitants of the Town of Abington, within the corporate limits as now established, or as hereafter may be
established in the manner provided by law, shall continue to be a body corporate and politic with perpetual
succession under the name "Town of Abington".

Section 1-2 Short Title

This instrument may be cited and shall be known as the Abington Home Rule Charter.

Section 1-3 Form of Government

The administration of all the fiscal, prudential, and municipal affairs of the town, with the government thereof,
shall be vested in a legislative branch, to consist of a town meeting open to all registered voters of the town, and
an executive branch, to be headed by a board of selectmen and town manager.

Section 1-4 Powers of the Town

The form of government provided by this charter shall be known as the Abington Home Rule Charter Plan.
Pursuant to this charter, and subject to only limitations as may be imposed by the constitution and statutes of
the Commonwealth of Massachusetts, it is the intent and the purpose of this charter to confer on the Town of
Abington all of the powers it is possible to confer under the constitution and statutes of said Commonwealth, as
fully and as completely as though each such power was specifically and individually enumerated herein.

Section 1-5 Interpretation of Powers

The powers of the Town of Abington under this charter shall be construed liberally in favor of the Town, and the
specific mention of particular powers is not intended, nor is it to be construed, as limiting in any way the general
powers of the town as stated in Section 1-4.

Section 1-6 Intergovernmental Relations

Subject to the applicable requirements of any provision of the constitution or statutes of the Commonwealth of
Massachusetts, the Town of Abington may exercise any of its powers or perform any of its functions and may
participate in the financing thereof, jointly or in cooperation by contract or otherwise, with any one or more
states or civil divisions or agencies thereof, or the United States Government or any agency thereof.

ARTICLE II LEGISLATIVE BRANCH



Section 2-1 Open Town Meeting

The legislative powers of the town shall continue to be exercised by a town meeting open to all registered voters
of the town.

Section 2-2 Presiding Officer

The moderator, as provided for in Section 3-3, shall preside at all sessions of the town meeting, but the
moderator shall have no vote unless those voters present and voting are equally divided. He shall at the first
session of the town meeting following each annual town election appoint a deputy moderator to serve in the
event of his absence or disability, provided that the town meeting ratifies such appointment. In the event of the
absence or disability of the moderator and deputy moderator the town meeting shall elect from those voters
present at the town meeting a temporary moderator to act during such absences or disabilities. The moderator
shall perform such duties as may from time to time be assigned to the office of moderator by by-law, rule or
other vote of town meeting.

Section 2-3 Committees

2-3-1 Subject to the provisions of this charter and to such by-laws or other town meeting votes regarding
committees as may be provided, the moderator shall appoint for fixed terms the members of such committees of
the town meeting, special or standing, as may from time to time be established, other than those appointed by
vote of the town meeting.

2-3-2 There shall be a finance committee, the members of which shall be appointed by the moderator. The
number of members, the term of office and any other condition of appointment or service as may be deemed
necessary or desirable shall be established by by-law. The finance committee shall report its recommendations
on every article contained in a town meeting warrant, in writing, at least ten (10) days prior to a scheduled town
meeting. Prior to preparing its recommendations, the finance committee shall hold one or more meetings to
permit discussion of the subject matter of all articles contained in the warrant, except those articles subject to
public hearings by other multiple member town bodies and not containing appropriations. The finance committee
shall have such additional powers and duties as may be provided by Massachusetts General Laws, by this
charter or by by-law.

Section 2-4 Annual Town Meeting

There shall yearly be held an annual town meeting, to transact business relating to the prudential affairs of the
town, which shall be held on the date fixed in the by-laws of the town.

Section 2-5 Special Town Meetings

Special town meetings shall be held at the call of the board of selectmen at such times as it may deem
appropriate and whenever a special town meeting is requested by the voters of the town in accordance with
procedures made available by the laws of the Commonwealth of Massachusetts.

Section 2-6 Clerk of the Meeting

The town clerk shall serve as the clerk of the town meeting. In the event of unavoidable absence, the town clerk
shall designate a substitute; otherwise, the moderator shall appoint a clerk pro tempore. The town clerk shall
give notice of all meetings to the public, keep a journal of its proceedings and perform such other functions as
may be provided by the laws of the Commonwealth of Massachusetts, by the charter, by by-law or by other town
meeting vote.

Section 2-7 Warrant Articles

The board of selectmen shall at all times receive all petitions which are addressed to it and which request the
insertion of subjects in a warrant for a town meeting and are filed by: (1) any individual elected town officer; (2)
any appointed multiple member body, acting by a majority of its members; (3) any ten voters for a regular town
meeting and any one hundred voters for a special town meeting; (4) any other person or entity who may be
authorized by law. The original copy of each petition filed hereunder shall be retained by the board of selectmen
until at least ninety days following the completion of the town meeting at which the said petition is acted upon.

Section 2-8 Warrants

Every town meeting shall be called by a warrant issued by the board of selectmen which shall state the date,
time and place at which the meeting is to be convened and, by separate articles, the subject matter to be acted
upon. In addition to any notice required by the laws of the Commonwealth of Massachusetts, the board of
selectmen shall cause the annual and any special town meeting warrant to be mailed to each residence of one
or more voters in the town. Such distribution shall occur at least fourteen days prior to the town meeting. Failure
of a voter to receive such warrant shall not invalidate the action of the meeting.

The original copies of all warrants for town meeting shall be kept in the office of the town clerk in a record book
maintained for that purpose.

Section 2-9 Availability of Town Officials at Town Meetings

Every town officer, or in the case of a multiple member body, a designated representative of such multiple
member body, and every town department head shall attend all sessions of the annual town meeting and any
and all special town meetings for the purpose of providing the town meeting with information pertinent to matters
appearing on the warrant, unless deterred for reasonable cause as determined by the Town Manager. If any
person described above is so deterred, he/she shall designate a designee to attend the town meeting in his/her
place, and shall notify the Town Manager of such designee.

If any person required to attend the sessions of the town meeting under this section is not a voter, he/she shall,
notwithstanding, be entitled to speak in order to provide the town meeting with information on pertinent warrant
articles. `tuc

ARTICLE III ELECTED OFFICIALS



Section 3-1 General Provisions

The offices to be filled by ballot of the voters of the entire town shall be a board of selectmen, moderator, town
clerk, school committee, board of assessors, board of health, board of library trustees, board of sewer
commissioners, board of water commissioners, housing authority, park and recreation commission, planning
board and trustees of veterans memorials and such members of regional authorities or districts as may be
established by statute, interlocal agreement or otherwise.

Any voter shall be eligible to hold any elective town office, but no elected town official shall simultaneously hold
any other elected town office.

The regular annual election of town officers shall be held annually on such date as may from time to time be
fixed in the by-laws of the town.

Notwithstanding their election by the voters, the town officers named in this section shall be subject to the call of
the board of selectmen or of the town manager, at all reasonable times, for consultation, conference and
discussion on any matter relating to their respective offices.

Section 3-2 Board of Selectmen

There shall be a board of selectmen consisting of five (5) members elected for terms of three years each, so
arranged that the term of office of as nearly an equal number of members as is possible shall expire each year.

Vacancies in the office of selectmen shall be filled by a special election in accordance with the provisions of
Massachusetts General Laws.

The executive powers of the town shall be vested in the board of selectmen which shall be deemed to be the
chief executive office of the town. The board of selectmen shall have all of the executive powers it is possible for
a board of selectmen to have and to exercise. The board of selectmen shall serve as the chief policy making
agency of the town. The board of selectmen shall be responsible for the formulation and promulgation of policy
directives and guidelines to be followed by all town agencies serving under it, and in conjunction with other
elected town officers and multiple member bodies to develop and promulgate policy guidelines designed to bring
the operation of all town agencies into harmony. Provided however, nothing in this section shall be construed to
authorize any member of the board of selectmen, nor a majority of such members, to become involved in the
day-to-day administration of any town agency. It is the intention of this provision that the board of selectmen
shall act only through the adoption of broad policy guidelines, which are to be implemented by officers and
employees serving under it.

The board of selectmen shall cause the charter, by-laws, and rules and regulations for the government of the
town to be enforced and shall cause an up-to-date record of all its official acts to be kept.

The board of selectmen shall appoint a town manager as provided for in Article IV of this charter and shall
appoint a town counsel.

The board of selectmen may investigate the affairs of the town and the conduct of any town agency including
any doubtful claims against the town, and for this purpose may subpoena witnesses, administer oaths, take
testimony, and require the production of evidence. The report of the results of such investigation shall be placed
on file in the office of the town manager, and a report summarizing the results of such investigation shall be
printed in the next annual town report.

The board of selectmen shall be the licensing 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. The board of selectmen shall enforce the laws
relating to all businesses for which it issues such licenses. The board of selectmen may delegate such licensing
authority unless specifically prohibited by the laws of the Commonwealth of Massachusetts.

In the event that the Commonwealth of Massachusetts fails in any fiscal year to provide for the independent
audit of all records and accounts of the town, the board of selectmen shall provide for such audits. The audits
shall be made by a certified public accountant, or firm of such accountants, who have no personal interests,
direct or indirect, in the fiscal affairs of the town government or any of its officers.

Section 3-3 Moderator

There shall be a moderator elected for a term of three years. The moderator shall preside and regulate the
procedure at all sessions of the town meeting, and shall have all of the powers and duties to which are given
moderators under the constitution and laws of the Commonwealth of Massachusetts, and such additional powers
and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.

Section 3-4 Town Clerk

There shall be a town clerk elected for a term of three years. The town clerk shall be the keeper of vital statistics
of the town and the custodian of the town seal and all public records, shall administer the oaths of office to all
town officers who apply to him/her therefore, be the clerk of the town meeting and perform such duties with
regard to elections and other matters as may be provided by law. The town clerk shall have all of the powers
and duties which are given to town clerks under the constitution and laws of the Commonwealth of
Massachusetts, and such additional powers and duties as may be authorized by the charter, by by-law or by
other vote of the town meeting.

Section 3-5 School Committee

There shall be a school committee consisting of five (5) members elected for terms of three years each, so
arranged that the term of office of as nearly an equal number of members as is possible shall expire each year.
The school committee shall have general charge and superintendence of the public schools and for this
purpose shall have all of the powers and duties which are given to school committees under the constitution and
laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by
the charter, by by-law or by other vote of the town meeting.

Section 3-6 Board of Assessors

There shall be a board of assessors which shall consist of three (3) members elected for terms of three years
each, so arranged that one term shall expire each year. The board of assessors shall annually make a fair cash
valuation of all property, both real and personal, within the town, and it shall have all of the powers and duties
which are given to boards of assessors under the constitution and laws of the Commonwealth of Massachusetts,
and such additional powers and duties as may be authorized by the charter, by by-law or by other vote of the
town meeting.

Section 3-7 Board of Health

There shall be a board of health which shall consist of five (5) members elected for terms of three years each,
so arranged that the term of office of as nearly an equal number of members as is possible shall expire each
year. The board of health shall be responsible for the formulation and enforcement of rules and regulations
affecting the environment and the public health, and shall have all of the powers and duties which are given to
boards of health under the constitution and laws of the Commonwealth of Massachusetts, and such additional
powers and duties as may be authorized by the charter, by by-law or by other vote of the town meeting.

Section 3-8 Board of Library Trustees

There shall be a board of library trustees which shall consist of nine (9) members elected for terms of three
years each, so arranged that the term of office as nearly an equal number of members as is possible shall
expire each year. The board of library trustees shall have general charge of the care and management of the
town library, and of all property of the town relating thereto, in consultation with the Town Manager. The board
of library trustees shall have all of the powers and duties which are given to library trustees under the
constitution and laws of the Commonwealth of Massachusetts and shall have such additional powers and duties
as may be authorized by the charter, by by-law or by other vote of the town meeting.

Section 3-9 Board of Sewer Commissioners

There shall be a board of sewer commissioners consisting of five (5) members elected for terms of three years
each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire
each year. The board of sewer commissioners shall have general charge of the care and management of the
municipal sewer system, and of all property of the town relating thereto. The board of sewer commissioners shall
have all of the powers and duties which are given to boards of sewer commissioners under the constitution and
laws of the Commonwealth of Massachusetts, and such additional powers and duties as may be authorized by
the charter, by by-law or by other vote of the town meeting.

Section 3-10 Board of Water Commissioners

There shall be a board of water commissioners consisting of three (3) members elected for terms of three years
each, so arranged that one term shall expire each year. The board of water commissioners shall have general
charge of the care and management of the municipal water system, and of all property of the town relating
thereto. The board of water commissioners shall have all of the powers and duties which are given to boards of
water commissioners under the constitution and laws of the Commonwealth of Massachusetts, and such
additional powers and duties as may be authorized by the charter, by by-law or by other vote of the town
meeting.

Section 3-11 Housing Authority

There shall be a housing authority consisting of five (5) members. Four of the members shall be elected for
terms of five years, so arranged that the term of office of as nearly an equal number of members as is possible
shall expire each year. The fifth member shall be a resident of the town appointed as provided by the laws of the
Commonwealth. The housing authority shall have all of the powers and duties which are given to housing
authorities under the constitution and laws of the Commonwealth of Massachusetts.

Section 3-12 Board of Park and Recreation Commissioners

There shall be a board of park and recreation commissioners consisting of five (5) members elected for terms of
three years each, so arranged that the term of office of as nearly an equal number of members as is possible
shall expire each year. The board of park and recreation commissioners shall conduct and promote recreation,
play, sport, physical education and other programs to meet the leisure time needs of the community. The board
of park and recreation commissioners shall have general charge and management of the town playing fields,
parks, public lawns and landscaped areas, and the town pool and of all property of the town relating thereto, in
coordination with the Town Manager. The board of park and recreation commissioners shall have all of the
powers and duties which are given to boards of park and recreation commissioners under the constitution and
laws of the Commonwealth of Massachusetts, and shall have such additional powers and duties as may be
authorized by the charter, by by-law or by other vote of the town meeting.

Section 3-13 Planning Board

There shall be a planning board consisting of five (5) members elected for terms of five years each, so arranged
that the term of office of as nearly an equal number of members as is possible shall expire each year. The
planning board shall make studies and prepare plans concerning the resources, possibilities and needs of the
town. It shall prepare and may from time to time amend and perfect a comprehensive plan which shall set forth in
graphic and textual form information concerning the present development of the town and parts thereof. Such
comprehensive plan shall include recommendations of the planning board concerning the future development
(including physical, economic, and environmental aspects) of the entire town and parts thereof.

The planning board shall annually report to the town 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, and shall specify
amendments that the planning board has made during the past year in the comprehensive plan.

The planning board shall have all of the other powers and duties which are given to planning boards under the
constitution and laws of the Commonwealth of Massachusetts, and shall have such additional powers and duties
as may be authorized by the charter, by by-law or by other vote of the town meeting.

Section 3-14 Trustees of Veterans Memorials

There shall be a Trustees of Veterans Memorials consisting of five (5) members elected for terms of five years
each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire
each year. The trustees of veterans memorials shall have general charge of and care of all veterans memorials
in the town, and of all property of the town relating thereto. The trustees of veterans memorials shall have all of
the other powers and duties which are given to trustees of veterans memorials under the constitution and laws
of the Commonwealth of Massachusetts, and shall have such additional powers and duties as may be
authorized by the charter, by by-law or by other vote of the town meeting.

7-12 Recall of Elected Officials

3-15-1 Who can be Recalled

Any holder of an elective office, as defined in Section 3-1, may be recalled therefrom by the voters as herein
provided.

7-12-2 Recall Petition

7-12-3 Any twenty-five (25) registered voters of the town may file with the town clerk an affidavit bearing the
name of the officer sought to be recalled and a statement of the grounds for the recall. Within three days
following such filing the registrars of voters shall determine whether such filing is sufficient and valid. If said filing
is determined to be sufficient and valid by the registrars of voters, the town clerk shall thereupon deliver to said
voters making the affidavit copies of petition blanks demanding such recall, printed forms of which he/she shall
keep available. The blanks shall be issued by the town clerk with his/her signature and official seal attached
thereto.

They shall be dated, shall be addressed to the board of selectmen and shall contain the names of all the
persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated
in the affidavit, and shall demand the election of a successor in the said office. A copy of the petition shall be
entered in a record book to be kept in the office of the town clerk. The recall petition shall be returned and filed
with the town clerk within twenty days after the filing of the affidavit, and shall have been signed by at least
twenty per cent (20%) of the registered voters of the town, who shall add to their signatures the number and
street, if any of their residences.

The town clerk shall within submit the petition to the registrars of voters in the town by the end of the next
business day, and the registrars shall forthwith, but in no event more than seven days after receipt, certify
thereon the number of signatures which are names of registered voters of the town.

3-15-3 Selectmen's Action on Receiving Petition

If the petition shall be found and certified by the registrars of voters to be sufficient they shall submit the same
with their certificate to the board of selectmen without delay, and the board of selectmen shall forthwith give
written notice of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not
resign within seven (7) days thereafter, order an election to be held on a dated fixed by them, in accordance
with the minimum requirements of the election laws of the Commonwealth of Massachusetts, presently contained
in section 53 of chapter 41 of the General Laws, provided however, that the recall election must be held no later
than fourteen (14) days after adherence to the minimum statutory requirements. If a vacancy occurs in said
office after a recall election has been ordered, the election shall nevertheless proceed as provided in this
section.

3-15-4 Nomination of Candidates

The officer whose recall is sought may be a candidate in the recall election, and unless such officer requests
otherwise in writing, the town clerk shall place his/her name on the ballot without nomination. The nomination of
other candidates, the publication of the warrant for the recall election, and the conduct of the same, shall all be
in accordance with the provisions of the law relating to elections, unless otherwise provided in this section.

3-15-5 Incumbent Holds Office Until Election

The officer whose recall is sought shall continue to perform the duties of his office until the recall election. If not
then recalled, such person shall continue in office for the remainder of the unexpired term, subject to recall as
before, except as provided for in this section. If recalled, such person shall be deemed removed.

3-15-6 Propositions on Ballot

Ballots used in a recall election shall submit the following propositions in the order indicated:

For the recall of (name of officer),

Against the recall of (name of officer).

Immediately at the right of each proposition there shall be a space in which the voter, by making a mark, may
vote for either of said propositions. Under the propositions shall appear the word "Candidates", the directions to
voters required by section 42 of chapter 54 of the General Laws, and beneath this the names of candidates
nominated as herein before provided. 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, and shall upon
qualification serve the balance of the unexpired term. If the successor shall fail to qualify within five days after
receiving notification of election, the office shall be deemed vacant and shall be filled in the manner provided for
in Article VII, Section 7-13. If a majority of the votes cast upon the question of recall is in the negative, the officer
whose recall was sought shall not be recalled and the ballots for candidates need not be counted.

3-15-7 Repeat of Recall Petition

No recall petition shall be filed against an officer within three (3) months after he/she takes office, nor in the
case of an officer subjected to a recall election and not recalled thereby, until at least three (3) months after the
election at which his/her recall was submitted to the voters of the town.

3-15-8 Appointment of Person Recalled

A person who has been recalled from an office, or who has resigned from office while recall proceedings were
pending against him/her, shall not be appointed to any town office within two (2) years after such recall or
resignation. Resignation at any time after a recall affidavit has been certified by the board of registrars of voters
as being valid shall be deemed to be while recall proceedings were pending.

Section 3-16 Vacancy in Office

If there exists a vacancy in an elected office which does not consist of two or more members of a board or
committee, the selectmen shall provide for notice of such vacancy as provided for in Article VII, section 7-13 by
posting the vacancy on the town bulletin board. Any person who desires to be considered to fill such vacancy
may, within ten days following the date the notice is posted file with the board of selectmen a statement which
sets forth in clear and specific terms the qualifications which he/she holds for the position. The board of
selectmen shall fill such vacancy no earlier than fourteen days and no later than thirty days after the notice was
posted. The person appointed to fill such vacancy shall be the person who receives a majority of the votes cast
at such meeting. The person appointed to fill such vacancy shall hold office until the next regularly scheduled
annual town election at which time the vacant position shall be included on the ballot as provided for in Article III,
section 3-1.

If there exists a vacancy in an elected board or committee consisting of two or more members, other than the
board of selectmen, the remaining members shall forthwith give notice of the existence of any such vacancy to
the board of selectmen. The selectmen shall then provide for notice of such vacancy as provided for in Article
VII, Section 7-13 by posting the vacancy on the town bulletin board. Any person who desires to be considered to
fill such vacancy may, within ten days following the date the notice is posted file with the board of selectmen and
the board or committee which has experienced the vacancy a statement which sets forth in clear and specific
terms the qualifications which he/she holds for the position. Not earlier than fourteen days nor later than thirty
days after said notice is posted, the board of selectmen and the remaining members of the board or committee
which has experienced the vacancy shall fill such vacancy at a joint meeting of the board of selectmen and such
board or committee. The filling of such vacancy shall be by a joint vote of the board of selectmen and such
board or committee. The person appointed to fill such vacancy shall be the person who receives a majority of
the votes cast at such meeting. The person appointed to fill such vacancy shall hold office until the next
regularly scheduled annual town election at which time the vacant position shall be included on the ballot as
provided for in Article III, section 3-1.

An elected official who is no longer a resident of the Town shall be deemed to have vacated the office to which
he/she was elected. When a doubt exists as to the residency of an elected official, the Board of Registrars of
Voters of the Town shall, by a majority vote, decide the issue of residency.

ARTICLE IV TOWN MANAGER



Section 4-1 Appointment, Qualification, Term of Office

The Town Manager shall be appointed by the Board of Selectmen for a three-year term. A committee consisting
of the Town Moderator, one finance committee member, selected by vote of the Finance Committee, the
Superintendent of Schools, with approval of the School Committee, one Selectmen and one citizen appointed by
the Selectmen shall present to the Selectmen no less than three candidates chosen from the applicants after a
background review and interview by the committee. The Town Manager shall be the chief administrative officer
of the town and be responsible to the Board of Selectmen for the administration of all town affairs placed in
his/her charge by or under the charter. The Town Manager shall be a person especially fitted by education
which shall consist of at least a bachelor's degree from an accredited degree granting college or university, and
his/her professional experience shall include at least five years of, full time, compensated service in a
managerial capacity in public or business administration.

The Town Manager need not be a resident of the town or of the commonwealth but must be a United States
citizen.

The Town Manager shall devote full time to the duties of the office and shall not hold any other elective of
appointive town office, nor shall the Town Manager engage in any other business unless such action shall be
approved in advance in writing by the Board of Selectmen.

The Town Manager shall not have served in an elected office in the town of Abington government for at least
twenty-four months prior to his/her appointment.

The Town Manager shall be the primary officer responsible for the implementation of policy directives and
guidelines adopted by the Board of Selectmen. The daily administration of the affairs of the town shall be the
responsibility of the Town Manager.

The Town Manager shall execute a bond in favor of the town for the faithful performance of his/her duties in
such sum and with such surety as shall be fixed or approved by the board of selectmen, who shall not waive the
requirement of a performance bond.

Section 4-2 Powers of Appointment

4-2-1 The Town Manager shall appoint the police chief, fire chief, town treasurer-collector, town accountant,
superintendent of highways, veterans agent, superintendent of wires, building inspector/zoning officer, plumbing
and gas inspector, constables, assistant assessor, director of elder affairs, tree warden, park superintendent,
and town planner; provided however, that the Town Manager shall consult with the appropriate appointing
authority prior to making such appointments.

Appointments to such positions shall become effective on the fifteenth day following the day notice of
appointment is filed with said appointing authority, unless said appointing authority shall within that fifteen day
period, by at least a two-thirds vote of the current elected members, vote to reject said appointment, or sooner,
by at least a two-thirds vote of the current elected members, vote to affirm said appointment.

Copies of the notices of proposed appointments as filed with the appointing authority shall simultaneously be
posted on the town bulletin board.

4-2-2 Except as otherwise provided by this charter, the Town Manager shall appoint and may remove all
department heads, assistant department heads, officers, subordinates, and employees serving under elected
and appointed boards, commissions, and committees for whom no other method of selection is provided in this
charter, except employees of the school department, housing authority, water commission, sewer commission,
board of health and board of library trustees.

Appointments by the Town Manager for all positions, except those stated in Article IV, section 4-2-1, shall
become effective immediately.

Copies of notices of appointments and/or removals shall be posted on the town bulletin board.

4-2-3 All appointments by the Town Manager shall be based on merit and fitness alone.

Section 4-3 Administrative 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 effective management of all town affairs placed in the manager's charge by this charter, said
Board of Selectmen, by bylaw, or vote of the town meeting, and for the implementation of town policies placed in
the Town Manager's charge by said Board of Selectmen.

The powers, duties and responsibilities of the Town Manager shall include, but are not intended to be limited to,
the following

a) To supervise, direct and be responsible for the efficient administration of all officers appointed by the Town
Manager and their representative departments, and of all functions for which the Town Manager is given
responsibility, authority or control by this charter, by bylaw, by town meeting vote, or by vote or the Board of
Selectmen;

b) To administer and enforce either directly or through a person or persons supervised by the Town Manager,
in accordance with this charter, all provisions of the laws of the commonwealth or special laws applicable to the
town, all bylaws, and all regulations established by the Board of Selectmen;

c) To be responsible for coordination of operational and strategic planning for the town;

d) To attend all meetings of said Board of Selectmen, except when excused, having the right to speak but not
vote;

e) To attend all sessions of the town meeting and answer all questions addressed to the Town Manager which
are related to the warrant articles and to matters under the general supervision of the Town Manager;

f) To keep said Board of Selectmen fully informed regarding all departmental operations, fiscal affairs, general
problems, administrative actions, and the availability of federal and state funds and how such funds might relate
to unmet long range needs and to this end shall submit quarterly reports to the Board of Selectmen;

g) To assure the complete and full records of the financial and administrative activity of the town are maintained
and to render reports to the Board of Selectmen as may be required, but not less frequently than quarterly, a
full report of all town administrative operations during the period reported on, which report shall be made
available to the public.

h) To assure that a full and complete inventory of all property of the town, both real and personal, is kept,
including all property under the jurisdiction of the school committee:

i) To be responsible for the rental, use, maintenance, repair and the development of a comprehensive
maintenance program for all town facilities, except those under the jurisdiction of the Housing Authority, School
Committee, Sewer Commission or Water Commission, unless requested by those agencies;

j) To be responsible for purchasing of all functions and departments, pursuant to chapter 30B of the General
Laws, and all other applicable statutes, procedures and bylaws. Said Town Manager shall at the request of the
School Committee, delegate such duties for school department purchasing to an employee of the School
Committee as per the requirements of said chapter 30B;

k) To administer the town's personnel system, personnel evaluation policies and practices, enforcement of labor
contracts, labor relations, collective bargaining and state and federal equal employment opportunities law
compliance function of the town, except for school department agreements, entered into by the town;

l) To fix compensation of all town employees and officers appointed by the Town Manager within limits
established by appointment, any applicable compensation plan, collective bargaining agreements, and or Town
Meeting;

m) To have the authority to sign payroll and accounts payable warrants concerning the everyday operations of
the Town;

n) To be responsible for the negotiation of all contracts with town employees over wage, and other terms and
conditions of employment, except employees of the school department. The Town Manager may, subject to the
approval of the Board of Selectmen, employ special counsel to assist in the performance of these duties.

Contracts shall be subject to the approval of the Board of Selectmen and funded by Town Meeting;

o) To prepare and submit annual operating budgets and capital improvement programs as provided in Section
VI of this charter;

p) To keep the Board of Selectmen and finance committee fully informed as to the financial condition of the town
and to make recommendations to the Board of Selectmen as the Town Manager deems necessary;

q) To coordinate the activities of all town agencies serving under the office of Town Manager and the office of
the Board of Selectmen with those under the control of other officers and municipal member bodies elected
directly by the voters. For the purposes of effecting coordination and cooperation among all agencies of the
town, the Town Manager shall have the authority to require persons so elected, or their representatives, to meet
with the Town Manager, at reasonable times, to submit such reports of their doings and summaries of action
taken as may be deemed to be necessary or desirable to have available for the purposes of such coordination.

r) To investigate or inquire into the affairs of any town department or office;

s) To prosecute, defend or compromise all litigation to which the Town is a party, upon request and with
approval of said Board of Selectmen

t) To delegate, authorize or direct any subordinate or employee of the town to exercise any power, duty, or
responsibility which the office of Town Manager is authorized to excise, provided, that all acts that are performed
under such delegation shall be deemed to be the acts of the Town Manager;

u) To distribute copies of the warrants for the Annual Town Meeting to the residence of all registered voters of
the Town

v) To perform such other duties as necessary as may be assigned by this charter, bylaw, by town meeting vote,
or by vote of the Board of Selectmen.

Section 4-4 Financial Powers and Duties

Section 4-4-1

The Town Manager shall be the chief financial officer of the Town, and shall be responsible for the design and
preparation of the annual budget, filing grant applications, and controlling budget expenditures, including
approval of the warrant and for the payment of funds prepared by the Town Accountant in accordance with the
provisions of section 56 of chapter 41 of the General Laws.

Section 4-4-2

In accordance with Article VI of this Charter;

a) The Town Manager shall submit to the Board of Selectmen and Finance Committee a written proposed
budget for town government for the ensuing fiscal year, including the budget proposed by the School
Committee. The proposed budget shall detail all estimated revenues from all sources, and all expenditures,
including debt service for the previous, current and ensuing years. It shall include proposed expenditures for
both current operations and capital during the ensuing year, detailed by agency, department, committee,
purpose, and position, together with estimated revenues and free cash available at the close of the fiscal year,
including estimated balances in special accounts. The Town may, by bylaw, establish additional financial reports
to be provided by the Town Manager;

b) The Town Manager shall report on the probable amount required to be levied and raised by taxation to
defray all expenses and liabilities of the Town, together with an estimate of the tax rate necessary to raise such
amount;

c) The calendar dates on or before which the proposed budget, revenue statements, and tax rate are to be
submitted to said Board of Selectmen shall be 30 days prior to the date the budget is required to be submitted
to the Finance Committee as specified by bylaw, action of the Finance Committee, or powers of the Assessors;

d) To assist said Town Manager in preparing the proposed annual budget of revenues and expenditures, all
boards, officers, and committees of the town, including the School Committee shall furnish all relevant
information in their possession and submit to the Town Manager, in writing and in such form as the Town
Manager shall establish, a detailed estimate of the appropriations required and available funds.

e) The Town Manager shall submit annually to the Board of Selectmen a five-year capital improvement plan.

Section 4-5 Temporary Absence

The Town Manager may designate by letter with the Board of Selectmen and Town Clerk a qualified officer of
the town to perform the duties of the Town Manager during a temporary absence or disability. If such temporary
absence or disability shall exceed thirty days, any designation made by the Town Manager shall be subject to
the approval of the Board of Selectmen. In the event of the failure of the Town Manager to make such
designation, or if the person so designated is for any reason unable to serve, the Board of Selectmen may
designate some other qualified person to perform the duties of Town Manager until the Town Manager shall
return.

Section 4-6 Vacancy in Office

Any permanent vacancy in the office of Town Manager shall be filled as soon as possible by the Board of
Selectmen. The filling of such vacancy shall be done as provided for in Article IV, Section 4-1.

Section 4-7 Removal and Suspension

The Board of Selectmen by the affirmative vote of three or more of its members may terminate and remove, or
suspend the Town Manager from office in accordance with the following procedure.

The Board of Selectmen shall adopt a preliminary resolution of removal by the affirmative vote of at least three
of its members that must state the reason for removal. This preliminary resolution may suspend the Town
Manager for a period not to exceed forty-five days. A copy of the resolution shall be delivered in hand or by
certified mail, return receipt requested, to the Town Manager.

Within five days after receipt of the preliminary resolution the Town Manager may request a public hearing by
filing a written request for such hearing with the Board of Selectmen. This hearing shall be held at a meeting of
the board of selectmen not later than thirty days after the request is filed and not earlier than twenty days. The
Town Manager may file a written statement responding to the reasons stated in the resolution of removal with
the Board of Selectmen provided that said statement is received at the Board of Selectmen's office at least
forty-eight hours in advance of the public hearing.

The Board of Selectmen may adopt a final resolution of removal, which may be made effective immediately, by
affirmative votes of three of its members not less than ten nor more than twenty-one days following the date of
delivery of a copy of the preliminary resolution to the Town Manager, if the Town Manager has not requested a
public hearing, or, within ten days following the close of the public hearing if the Town Manager has requested
one. Failure to adopt a final resolution of removal within the time periods as provided in this section shall nullify
the preliminary resolution of removal and the Town Manager shall, at the expiration of said time, forthwith
resume the duties of the office. The Town Manager shall continue to receive a salary until the effective date of a
final 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 the provision to vest all authority and fix all responsibility for such
suspension or removal on the Board of Selectmen.

ARTICLE V ADMINISTRATIVE ORGANIZATION



Section 5-1 Organization of Town Agencies

The organization of the town into operating agencies for the provision of services and the administration of the
government may be accomplished through either of the methods provided in this article.

(a) By-Laws

Subject only to express prohibitions in a general law of the Commonwealth of Massachusetts or the provisions of
this charter, the town meeting may, by by-law, reorganize, consolidate, create, merge, divide or abolish any town
agency, in whole or in part, establish such new town agencies as it deems necessary or advisable, determine
the manner of selection, the term of office and prescribe the functions of all such entities; provided, however, no
function assigned by this charter to a particular town agency may be discontinued, or assigned to any other
town agency, unless this charter specifically so provides.

(b) Administrative Code

The town manager, after consultation with the board of selectmen, may from time to time prepare and submit to
the annual town meeting, plans of organization or reorganization which establish operating divisions for the
orderly, efficient or convenient conduct of the business of the town.

Whenever the town manager prepares 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, which notice shall describe the
scope of the proposal and the time and place at which the hearing will be held, not later than fourteen days
following said publication. Following such public hearing, the proposal, which may have been amended
subsequent to the public hearing, shall be submitted to the annual town meeting by an appropriate warrant
article. An organization or reorganization plan shall become effective at the start of the next fiscal year following
the date of adjournment of the annual town meeting at which the proposal is submitted unless the town meeting,
shall by a majority vote, 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. If no vote is taken by town meeting for any reason, the plan shall
be deemed NOT to have been approved and shall not take effect.

The Town Manager may, through the administrative code, and subject only to express prohibitions in a law of
the commonwealth or this charter, reorganize, consolidate or abolish any town agency, in whole or in part,
establish such new town agencies as is deemed necessary to the same extent as is provided in Section 5-1(a),
above, for by-laws, and for such purposes transfer the duties and powers and, so far as is consistent with the
use for which the funds were voted by the town, transfer the appropriation of one town agency to another;
provided, however, that no function assigned by this charter to a particular town agency may be discontinued or
assigned to any other town agency unless this charter specifically so provides.

This section shall not interfere with the town meeting's power and ability to implement by-laws outside the scope
of this section.

Section 5-2 Publication of Administrative Code and Staffing Plan

For the convenience of the public, the administrative code and any amendments thereto shall be printed as an
appendix to the by-laws of the town of Abington.

A personnel staffing plan, prepared in conformity with Article 6, shall be published annually in the town report.
The school committee shall provide the Town Manager with copies of its personnel and staffing plans annually
for publication in the town report.

Section 5-3 Merit Principle

All appointments and promotions of town officers and employees shall be made on the basis of merit and fitness,
demonstrated by examination or by other evidence of competence and suitability.

Section 5-4 Treasurer-Collector

There shall be a treasurer-collector, appointed by the Town Manager, on the basis of his/her qualifications and
fitness for service. For the purposes of this charter the treasurer-collector shall be considered a department
head.

There shall be no defined term of office. In making an appointment to the office of treasurer-collector, the town
manager shall establish specific goals and objectives to be met by the appointee at designated periods during
the period of appointment. Failure to meet the stated goals and objectives shall constitute grounds for dismissal.
A treasurer-collector may be removed from office in accordance with the procedures established in Article VII,
Section 7-15 of this charter.

The treasurer-collector shall collect all accounts due, shall receive and take charge of all funds belonging to the
town and shall have all of the powers and duties which treasurer-collectors may have under the constitution and
laws of the Commonwealth of Massachusetts. The treasurer-collector may also exercise such additional powers
and duties as may from time to time be assigned to that office by the charter, by by-law or by other vote of the
town meeting.

Section 5-5 Police Department Organization

The police department in the Town of Abington shall be organized under the provisions of section 97A of
chapter 51 of the General Laws. There shall be a Chief of Police, appointed by the Town Manager, for an
indefinite term. The Chief of Police, once appointed may only be removed from office in accordance with the
provisions of Article VII, section 7-14 of this charter. The Chief of Police, or his/her designee, shall serve as
emergency management director for the Town of Abington.

The Town Manager may enter into a contract of employment with the Chief of Police, however, there shall be no
defined term of office.

The Chief of Police and the Deputy Chief of Police shall be appointed on the basis of their qualifications and
fitness for service. There shall be no defined term of office for either office and once appointed the Chief of
Police and the Deputy Chief of Police can only be removed for just cause, as defined and after a hearing, as
provided in Article VII, section 7-15; The Board of Selectmen shall determine the qualifications for appointment
of the Office of Chief of police, provided however that the Town Manager shall use an assessment process
using not less than three police professionals, not employed by the Town of Abington, in order to evaluate
candidates for the position of Chief of police.

The Chief of Police shall appoint the Deputy Chief of Police. The Chief of Police shall determine the
department's qualifications for appointment of Deputy Chief of Police, provided, however, that the Chief of Police
shall use an assessment process, using not less than three police professionals, not employed by the Town of
Abington, in order to evaluate candidates and select the Deputy Chief. The decision of the Chief of Police in the
selection of the Deputy Chief of Police shall be final.

The Chief of Police shall appoint all other personnel and officers in accordance with the provisions of chapter 31
of the General Laws, provided however, that the Chief of Police shall use an assessment process to evaluate
candidates and select superior officers above the rank of patrol officer.

Section 5-6 Fire Department Organization

There shall be a Fire Department organized under sections 42, 43 and 44 of chapter 48 of the General Laws.
As provided in said chapter 48 there shall be a Fire Chief who shall be appointed by the Town Manager, in
accordance with the provisions of chapter 31 of the General Laws and the rules made thereunder.

The Fire Chief shall be responsible for the appointment, management and supervision of personnel, shall be
responsible for all operations of the Fire Department, shall serve as the Town's forest fire warden, and shall
perform all fire related duties and tasks considered necessary by the Town Manager.

The Fire Chief shall be the appointing authority for all fire department personnel and shall have full authority to
appoint, demote, suspend and terminate all employees, including firefighters, captains, superior officers and the
Deputy Fire Chief. The officers and firefighters shall be appointed in accordance with the provisions of chapter
31 of the General Laws.

The Deputy Fire Chief shall work under the direction of the Fire Chief and shall serve as acting Fire Chief in the
absence of the Fire Chief.

ARTICLE VI FINANCE AND FISCAL PROCEDURES



Section 6-1 Fiscal Year

The fiscal year of the town shall begin on the first day of July and shall end on the last day of June, unless
another period is required by the General Laws of the Commonwealth of Massachusetts.

Section 6-2 Submission of Budget and Budget Message

Within the time fixed by by-law, before the annual town meeting is to convene, the town manager, after
consultation with the Board of Selectmen, shall submit to the finance committee a proposed, balanced, operating
budget for the ensuing fiscal year with an accompanying budget message and supporting documents. The town
manager shall simultaneously provide for the publication of a general summary of the proposed budget in a
local newspaper and via the town's website.

The summary shall specifically indicate any major variations from the current operating budget and the reason
for such changes. The notice shall further indicate the times and places at which the complete copies of the
proposed operating budget are available for examination by the public.

Section 6-3 Budget Message

The budget message of the Town Manager shall explain the budget for all town agencies, both in fiscal terms
and in terms of work programs. It shall outline proposed financial policies of the town for the ensuing fiscal year,
describe important features of the budget, indicate any major variations from the current year in financial
policies, expenditures and revenues, together with the reasons for such changes, summarize the town's debt
position and include other material as the town manager deems desirable or the Board of Selectmen may
reasonably require.

Section 6-4 The Budget

The proposed operating budget shall provide a complete financial plan for all town funds and activities for the
ensuing fiscal year. Except as may be otherwise be required by the General Laws of the Commonwealth of
Massachusetts, by this charter, or by by-law, it shall be in the form which the Town Manager deems desirable or
the Board of Selectmen may require. In the presentation of the budget, the town manager shall utilize modern
concepts of fiscal presentation so as to furnish maximum information and the best financial control. The budget
shall show, in detail, all estimated income from the proposed property tax levy and other sources and all
proposed expenditures, including debt service, for the following year. The budget shall be arranged to show the
actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall
indicate in separate sections:

(a) Proposed expenditures for current operations during the ensuing fiscal year, detailed by town agency and
position in terms of work programs, and the method 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;

(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.

Section 6-5 Action on the Budget

The finance committee shall, upon receipt of the budget from the Town Manager, consider in public meetings
detailed expenditures for each town department and agency and may confer with representatives of each such
agency in connection with its review and consideration. The finance committee may require the town manager,
or any other town agency, to furnish it with such additional information as it may deem necessary to assist it in
its review and consideration of the proposed budget. The finance committee shall file with the town clerk at least
fourteen days prior to town meeting a report containing its recommendation for action to be taken on each line
item in the proposed operating budget as submitted by the Town Manager. Said report shall also be made
available to voters of the town by leaving copies of said report at three or more public places in the town and by
publication via the town's website at least fourteen days prior to town meeting. Additionally, copies of said report
shall be made available to voters of the town at town meeting. The budget shall be voted upon in accordance
with the by-laws of the town.

Section 6-6 Capital Improvement Program The Town Manager shall submit a capital improvement program to
the Board of Selectmen and the finance committee at least six (6) months before the start of the fiscal year. Said
program shall be based on material prepared by the capital improvement committee established by by-law, if
any, including:

(a) A clear, concise general summary of its contents;

(b) A list of all capital improvements proposed to be undertaken during the next ensuing five years, with
supporting information as to the need or 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 town manager with regard to the capital improvements still
pending or in the process of being acquired, improved or constructed.

Section 6-7 Audits

The Board of Selectmen shall annually provide for an independent audit of all financial books and records of the
town, or, whenever it deems an audit of the whole town or of any particular town agency, to be necessary.

Audits of the town's financial books and records shall be conducted by a certified public accountant, or firm of
such accountants, having no interest, direct or indirect, in the affairs of the town.

Section 6-8 Warrant

The Town Manager shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared
and signed by the town accountant in accordance with the provisions of the General Laws of the Commonwealth
of Massachusetts shall be submitted to the town manager. The approval of any such warrant by the Town
Manager and at least three members of the Board of Selectmen shall be sufficient authority to authorize
payment by the town treasurer, but the Board of Selectmen shall alone approve all warrants prepared and
signed by the town accountant in the event of the absence of the town manager or a vacancy in the office of
Town Manager.

ARTICLE VII GENERAL PROVISIONS



Section 7-1 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 of the Commonwealth of Massachusetts and any legislation to
implement the said amendments.

Section 7-2 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.

Section 7-3 Specific Provisions Shall 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.

Section 7-4 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 of the charter.

Section 7-5 Computations of Time

In computing time under the charter, if seven days or less, "days" shall refer to secular days and shall not
include Saturdays, Sundays or legal holidays. If more than seven days, every day shall be computed.

Section 7-6 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.

Section 7-7 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:

"Administrative Code", plans of organization or reorganization which establish operating divisions for the orderly,
efficient or convenient conduct of the business of the town.

"Appointing authority", one of the following elected bodies, where appropriate, Board of Selectmen, Board of
Assessors, Board of Park and Recreation Commissioners and Planning Board.

"Charter", this charter and any amendments to it made through any of the methods provided under article
LXXXIX of the Amendments to the Constitution of the Commonwealth of Massachusetts.

"Majority vote", a majority of those present and voting, provided that a quorum of the body is present.

"Multiple member body", any board, commission or committee consisting of two or more persons, whether
elected or appointed, but specifically excluding town meeting.

"Town", the Town of Abington.

"Town agency", any board, commission, committee, department or office of the town government.

"Town bulletin board", the bulletin board, on which official town notices are posted, located in the town office
building. Whenever reasonably possible, official town notices shall be posted on the town's website.

"Voters", the registered voters of the Town of Abington.

Section 7-8 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.

Section 7-9 Periodic Review, Charter and By-laws

7-12-2 Charter Review

At least once in every ten years, in each year ending in a four, beginning in the year 2014, a special committee
shall be established for the purpose of reviewing this charter and to make a report, with recommendations, to
the town meeting concerning any proposed amendments which said committee may determine to be necessary
or desirable. The committee shall consist of five members who shall be chosen by the town moderator. The
committee shall meet to organize forthwith following the final adjournment of the annual town meeting and shall
report to the annual town meeting the following year with any recommendations.

7-12-3 By-Law Review and Recodification

At intervals of not more than five years from the date of adoption of this charter, 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 special by-law review committee appointed by the board of
selectmen for that purpose, which shall conduct its review under the supervision of the town counsel or, if the
board of selectmen shall so direct, by special counsel appointed for that purpose. Such committee shall be
appointed immediately following the adjournment of the annual town meeting in the year preceding the year in
which their report is to be filed.

Within eight months following their appointment, the committee shall cause to be published on the town's website
in a newspaper having general circulation within the town (1) a report summarizing their recommendations and
noting the times and places within the town where complete copies of their report are available for inspection by
the public and (2) the date, time and place not less than two weeks following such publication when a public
hearing will be held by the committee on the report.

Subsequent to their enactment by the town meeting, copies of all by-laws shall be forwarded to the Attorney
General of the Commonwealth of Massachusetts for his/her review and approval, and they shall be otherwise
published all as required by the General Laws of the Commonwealth of Massachusetts. Copies of the revised
by-laws shall be made available for public distribution.

In each year between such re-enactments and publications there shall be published an annual supplement
which contains all by-laws and amendments to by-laws which have been adopted in the previous year.

Section 7-10 Procedures

7-10-1 Meetings

All multiple member bodies of the town, whether elected or appointed or otherwise constituted, shall meet
regularly at such times and places within the town as they may prescribe. Special meetings of any multiple
member body shall be held on the call of the respective chairman, or by one-third of the members thereof by
suitably written notice delivered to the residence or place of business of each member at least forty eight hours
in advance of the time set. A copy of the said notice shall also be posted on the town bulletin board. Special
meetings of any multiple member body shall also be called within one week following the date of the filing with
the town clerk of a petition signed by at least fifty voters and which states the purpose or purposes for which the
meeting is to be called. Except as otherwise authorized by law, all meetings of all multiple member bodies shall
be open and public. However, the multiple member body may recess, for the purpose of meeting in executive
session in accordance with the General Laws of the Commonwealth of Massachusetts.

7-10-2 Agendas

At least forty-eight hours before any meeting of a multiple member body is to be held, an agenda containing all
items which are scheduled to come before it at the meeting shall be posted on the town bulletin board. No action
taken on a matter not included in the posted agenda shall be effective unless the multiple member body first
adopts by separate vote a resolution declaring that an emergency exist, and that the particular matter must be
acted upon at that meeting for the immediate preservation of the peace, health, safety or convenience of the
town.

7-10-3 Rules and Journal

Each multiple member body shall determine its own rules and order of business unless otherwise provided by
the charter or by-law, and shall provide for keeping minutes of its proceedings. Such minutes shall be voted on
and approved within sixty (60) days following the date of such proceedings. These rules and minutes shall be a
public record kept available in a place convenient to the public at all reasonable times, and copies shall be kept
available in the town library.

7-10-4 Voting

Except on procedural matters, all votes of all multiple member bodies shall be taken by voice or roll call vote, the
result of which shall be recorded in the minutes; provided, however, that if the vote is unanimous only that fact
need be recorded.

7-10-5 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 and may compel the attendance of absent members in the manner and subject to the
penalties prescribed by the rules of the multiple member body. No other action of the multiple member body
shall be valid or binding unless ratified by the affirmative vote of the majority of the members of the multiple
member body.

Section 7-11 Committees; Appointing Authority, In General

Whenever, whether under the provisions of a town meeting vote or by by-law, a multiple member body is
established, the primary purpose of which is to perform an administrative or executive function, notwithstanding
the provisions of any such vote to the contrary, the members of such committee shall be appointed by the Board
of Selectmen. Whenever, whether under the provisions of a town meeting vote or a by-law, a multiple member
body is to be established, the primary purpose of which is to perform a legislative function, notwithstanding any
provision in such vote to the contrary, the member of such multiple member body shall be appointed by the
moderator. Nothing in this section shall be construed to prevent the town meeting, by vote or by by-law, to
provide that a multiple member body shall include, as a portion of its membership, certain persons to serve
ex-officio, provided that such authority is not used to defeat the clear purpose of this section.

Section 7-12 Elections

7-12-1 Annual Town Election

The election of town officers and referenda questions shall be acted upon and determined by the voters on
official ballots without party or other designation on the date fixed in the by-laws of the town.

7-12-2 Nomination of Candidates

The number of signatures of voters required to place the name of a candidate for any office on the official ballot
for use at any town election shall be not less that fifty signatures of voters, unless a greater number is required
by state law.

Section 7-13 Notice of Vacancies

Whenever a vacancy occurs in any town office or town employment, or as a member of any multiple member
body, except for positions covered under the civil service law of the Commonwealth of Massachusetts, 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 cause public notice of the vacancy to be posted on
the town bulletin board. No permanent appointment to fill such a position shall be effective until at least fourteen
days have elapsed following such posting. Any person who desires to be considered for appointment to the
position may, within ten days following the date the notice is posted, file with the Board of Selectmen or other
appointing authority a statement which sets forth in clear and specific terms the qualifications which he/she
holds for the position.

Section 7-14 Appointments and Removals

Except as otherwise provided in this charter, the Town Manager shall appoint, subject to the provisions of Article
IV, section 4-2 of this charter all persons categorized as head of departments. Except as may otherwise be
required by the civil service law, appointments made by the town manager shall be for periods not to exceed five
years. The town manager may suspend or remove any person appointed by the town manager in accordance
with the procedure established in Section 7-15. The decision of the town manager in suspending or removing a
department head shall be final.

All persons categorized as department heads shall, subject to the consent of the town manager, appoint all
assistants, subordinates and other employees of the department for which such person is responsible. The
department head may suspend or remove any assistant, subordinate or other employee of the department for
which such person is responsible in accordance with the procedures established in Section 7-15. The decision
of the department head to suspend or remove any assistant, subordinate or other employee shall be subject to
review by the town manager. A person for whom a department head has determined that suspension or removal
is appropriate may seek review of such determination by the town manager by filing a petition for review in the
office of the town manager, in writing, within ten days following receipt of notice of such determination. The
review by the town manager shall follow the procedures established in Section 7-15. The decision of the town
manager shall be final.

Section 7-15 Removals and Suspensions

Any appointed town officer, member of a multiple member body or employee of the town, not subject to the
provisions of the state civil service law or covered by the terms of a collective bargaining agreement which
provides a different method, and whether appointed for a fixed or an indefinite term, may be suspended or
removed from office, without compensation, by the appointing authority for good cause. The term "good cause"
shall include, but not be limited to incapacity other than temporary illness, inefficiency, insubordination and
conduct unbecoming the office.

Any appointed officer, member of a multiple member body or employee of the town may be suspended from
office by the appointing authority if such action is deemed, by said appointing authority, to be necessary to
protect the interests of the town. However, other than the Town Manager as provided in Section 4-7, no
suspension shall be for more than fifteen days. Suspension may be coterminous with removal and shall not
interfere with the rights of the officer or employee under the removal procedure provided.

The appointing authority when removing any such officer, member of a multiple member body or employee of
the town shall act in accordance with the following procedure:

(a) A written notice of the intent to remove and a statement of the cause or causes therefore shall be delivered
in hand, or by certified mail, return receipt requested, to the last known address of the person sought to be
removed.

(b) Within five days following delivery of such notice, the officer, member of a multiple member body or employee
of the town may request in writing that a public hearing be held, at which hearing such person may be
represented by legal counsel and shall be entitled to present evidence, call witnesses and to question any
witnesses appearing at the hearing. Said public hearing shall be held within ten days after the receipt of a
written request for a public hearing.

(c) Between one and ten days after the public hearing is adjourned, or if the officer, member of a multiple
member body or employee of the town fails to request a public hearing between six and fifteen days after
delivery of the notice of intent to remove, the appointing authority shall take final action, either removing the
officer, member of a multiple member body or employee of the town or notifying such person that the notice is
rescinded. Failure of the appointing authority to take any action within the time periods as stated in this section
shall be deemed to be a rescission of the original notice and the officer, member or a multiple member body or
employee shall, forthwith, be reinstated.

Nothing in this section shall be construed as granting a right to such a hearing when a person who has been
appointed for a fixed term is not reappointed when the original term expires.

7-16 Loss of office, excessive absence

If any person appointed as a member of a multiple member committee shall fail to attend four or more
consecutive meetings, or one-half of all of the meetings of such committee held in one calendar year, the
remaining members of the multiple member committee may, by a majority vote of the remaining members of such
committee, declare the office vacant, provided, however, that not less than ten days prior to the date said vote is
scheduled to be taken the committee has given in hand, or mailed by registered or certified mail, return receipt
requested, notice of such proposed or pending vote to the last know address of such person.

ARTICLE VIII TRANSITIONAL PROVISIONS



Section 8-1 Continuation of Existing Laws

All General Laws, special laws, town by-laws, votes, rules and regulations of or pertaining to the town which are
in force when this charter takes effect and which are 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 expire by their own
limitation.

Section 8-2 Continuation of Government

All town agencies shall continue to perform their duties until re-appointed or re-elected, or until successors to
their respective positions are duly appointed or elected or their duties have been transferred.

Section 8-3 Continuation of Personnel

Any person holding a town office or employment under the town shall retain such office or employment and shall
continue to perform his/her duties until provision shall have been made in accordance with the charter for the
performance of the said duties by another person or agency; provided, however, that no person in the
permanent fulltime service or employment of the town shall forfeit his pay grade or time in service. All such
persons shall be retained in a capacity as similar to their former capacity as it is practical to do so.

Section 8-4 Time of Taking Effect

The charter shall become fully effective upon its approval by the voters as provided for by the General Laws of
the Commonwealth of Massachusetts, except as provided in this section:

(a) Not more than forty-five days after the adoption of this charter, the moderator shall appoint a special
committee of five members to review the existing by-laws of the town and to make a report with
recommendations to the annual town meeting in the year following the year in which the charter is adopted, in
accordance with the publication, hearing and reporting requirements established in Article VII, Section 7-9-2.

(b) Except as otherwise provided above, all other provisions of Article II shall be effective upon the
commencement of the annual town meeting for the transaction of business in the year following the year in
which the charter is adopted.

(c) As soon as possible following the adoption of this charter the board of selectmen shall appoint a town
manager as provided for in Article IV of this charter, and such appointment shall be made no later than 6 months
following the date on which this charter is adopted.

(d) The incumbent in the office of treasurer/collector shall continue to serve in said position for the balance of
the term for which the treasurer/collector was elected. Upon the expiration of the term of office of the incumbent
treasurer/collector, or if a vacancy shall occur sooner, the treasurer/collector shall be appointed by the town
manager, in accordance with Article V, Section 5-5.

(e) The incumbent members of the golf course committee shall continue to serve in office until no later than two
months following the appointment of a town manager by the board of selectmen. Within that two month period
the town manager shall appoint the members of the golf course committee. The golf course committee shall
consist of five (5) members appointed for three years each, so arranged that the term of office of as nearly an
equal number of members as is possible shall expire each year. The golf course committee shall oversee the
Strawberry Valley Golf Course, in coordination with the Town Manager.

Section 8-5 Transfer of Records and Property

All records, property and equipment whatsoever of any office, department, or agency or part thereof, the powers
and duties of which are assigned in whole or in part to another office or agency shall be transferred forthwith to
the office, department or agency to which such powers and duties are assigned.

Section 8-6 Abolition of Town Administrator Position

The position of town administrator shall be abolished upon the assumption of office by the Town Manager.
Should the position become vacant prior to the town manager assuming the duties of the office, the board of
selectmen may appoint an acting town administrator. The acting town administrator shall serve until the
assumption of office by the Town Manager.

Approved August 9, 2004.
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