ARTICLE 3

THE BOARD OF SELECTMEN
Section 3-1. Elections, Terms, Compensation
The Board of Selectmen of the town shall consist of five members all of whom shall be elected at large for a term of three years. At the first regular April election of Selectmen under this revision to the charter the two candidates receiving the greatest number of votes shall be in office for a term of three years, the two candidates receiving the next greatest number of votes shall be in office for a term of two years, and the one receiving the fifth highest number of votes shall be in office for a term of one year. Selectmen shall then be elected as the terms of their office expire for a term of three years.

The selectmen shall serve until their successors are elected and qualified and may receive an annual compensation as determined by a vote of town meeting.

If, unless as the result of a recall election, a vacancy or vacancies occur in the membership of the Selectmen, the remaining members shall call a special town election to fill the vacancy or vacancies for the unexpired term or terms, unless if a vacancy or vacancies occur with less than eight months to the annual election, and if there are at least four Selectmen remaining in office, the vacancy or vacancies shall remain unfilled until such annual election. A vacancy resulting from a recall election shall be filled as hereinafter provided in this charter.

Section 3-2. Powers and Rights
It is the intent of this charter that:

  1. The selectmen shall be the highest executive authority of the town and be responsible for all requirements of selectmen contained in the constitution and general laws of the Commonwealth.

  2. The selectmen shall be a policy making and planning body and delegate to the town manager administrative duties specified in ARTICLE 4.

Section 3-3. Duties
In addition to performing such duties as may be required to form general policies and plans, the selectmen shall:

  1. Be responsible for the formation of a fiscal and program plan setting forth intended accomplishments of all town departments for a period of three years, by year, and the expenditures estimated to be required to attain these accomplishments. Expenditures shall be classified by those required for department operation and those required for capital outlay. The plan shall also specify the sources from which it is anticipated that funds to meet expenditures will be obtained. This plan shall be published annually in the town report.

  2. Be responsible for the preparation of the annual town government budget and, except for schools, submission of that budget on or before the third Tuesday in January to the town meeting Committee on Finance and Taxation for approval by town meeting representatives. The selectmen shall make an annual report, which shall be published as part of the annual town report, setting forth the matters considered by them during the fiscal year preceding that in which the report is published and making such recommendations as appear to be necessary or appropriate respecting the finances of the town and the measures to be taken with reference thereto. The selectmen shall place in the annual report a statement of the past year's accomplishments of each department.

  3. Appoint a town manager who shall be known as a town manager, who shall, except as otherwise herein expressly provided, be the administrative head of all departments of the town, the conduct which is general laws, the constitution, or this charter placed upon the selectmen. He shall be subject to the direction and supervision and shall hold office at the will of the selectmen and shall be a person specially fitted by education, training, and experience to perform the duties of said office. He shall be chosen irrespective of his political opinions and must take up residence in the town within one year of his appointment unless excused from this requirement by the Selectmen. During the time he holds such appointment, he will hold no other elective or appointive office nor will he be engaged in any other business or occupation except that he may accept payment for advice or consultation offered by any legal person or entity, with prior permission by the selectmen. He shall be responsible for the efficient administration of all departments within the scope of his duties. Before entering upon the duties of his office, he shall be sworn to the faithful and impartial performance thereof by the chairman of the selectmen, by the town clerk, or by a justice of the peace.

  4. Appoint six library trustees, each of whom shall have a term of three years. Two library trustees shall be appointed for a three year term, two for a two year term and two for a one year term by the Selectmen elected at the first regular April election held under this charter. Subsequent appointments shall be for three year terms as trustee's terms of office expire.

  5. Appoint three suitable persons as assessors who shall hold no other elected or appointed office in the Town of Stoughton and who, upon their appointment and qualifications, shall organize for the proper conduct of their duties. Assessors shall be appointed for three year terms. One assessor shall be appointed for a term of three years, one for two years, and one shall be appointed for a term of one year by the Selectmen elected at the first regular April election under this charter. Assessors shall subsequently be appointed for terms of three years as their appointments expire. If for any reason a vacancy occurs in the membership of the assessors, the vacancy shall be filled forthwith by appointment of the selectmen for the unexpired term. The assessors shall have all the powers and rights and be subject to all the duties and liabilities now or hereafter conferred or imposed by law upon assessors of towns. Before entering their office, the assessors shall be sworn to the faithful performance of their duties.

  6. Appoint a suitably qualified person to the office of town clerk. The town clerk shall have all the powers and rights and be subject to all the duties and liabilities now or hereafter conferred or imposed by the law upon town clerks. The town clerk shall serve at the will of the selectmen and shall be sworn to the faithful performance of his duties by the chairman of selectmen or by a justice of the peace. In case of vacancy in the office of the town clerk, the selectmen shall forthwith appoint a person to fill the vacancy. Should the present town clerk who was previously granted tenure be holding office at the time this charter is adopted she will retain the tenure of the office previously granted by town election.

  7. Appoint the members of the Zoning Board of Appeals, the members of the Planning Board, the Chief of Police, the Sealer of Weights & Measures and the Weigher, the Constables, the Registrars of Voters, the members of the Council for Aging, the members of the Industrial Commission, the Veteran's Agent, the Town Counsel and the Town Auditor. The Town Auditor shall be an office separate and distinct from the town clerk and shall be filled by a separate person. The Planning Board shall have five members each of whom shall be appointed for a five year term. One member of the Planning Board shall be appointed for five years, one for four years, one for three years, one for two years, and one for one year by the Selectmen elected at the first regular April election held under this charter. Members shall subsequently be appointed for five year terms as their terms of office expire. All other appointees to offices listed in this paragraph shall serve at the will of the selectmen.

  8. Be the Water and Sewer Commissioners of the town.

  9. Be the licensing board for the sale of alcoholic beverages in the town.

  10. Have the right to make the investigations and may authorize the town manager to investigate the operations of the town and the conduct of any town department, office, or 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. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the selectmen shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars.



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