The officers referred to in this Article and all other officers of Town shall have such powers and duties as may be provided by law or in other articles of these and other bylaws of the Town.
3.1 Selectmen
3.1.1 The Selectmen shall have general direction and management of the property and affairs of the town in all matters not otherwise provided by the General Laws and these bylaws.
3.1.2 The Selectmen shall be agents of the town to institute, prosecute and defend any and all claims, actions and proceedings to which the town is a part or in which the interests of the town are or may be involved.
3.1.3 Unless otherwise provided by a vote of Town meeting, the Board of Selectmen is authorized to enter into any contract for the exercise of the Town’s corporate powers, on such terms and conditions as are deemed appropriate. Within such authorization, the Board of Selectmen may delegate contracting authority to the Chief Procurement Officer designated pursuant to M.G. L. Ch. 30B. Notwithstanding the foregoing, neither the Board of Selectmen nor the Chief Procurement Officer shall contract for any purpose, on any terms, or under any conditions inconsistent with any applicable provision of any general or special law.
3.2 Moderator
3.2.1 The Moderator shall preside over all town meetings and shall regulate the proceedings, decide all questions of order, and make public declaration of all votes.
3.3 Treasurer
3.3.1 The Treasurer shall receive and take charge of all money belonging to the town and shall pay out all accounts for the town upon receipt of a warrant signed by a majority of the Selectmen.
3.4 Tax Collector
3.4.1 The Tax Collector shall, after receiving a tax list and warrant from the Assessors, collect all taxes due the town and shall pay over to the treasurer all monies received.
3.5 Town Clerk
3.5.1 The Town Clerk shall record all votes passed at town meetings.
3.5.2 The Town Clerk shall, within five (5) days of the final adjournment of a town meeting, transmit to the Accountant, Assessors, Finance Committee, Selectmen and Treasurer certified copies of all votes appropriating money or otherwise affecting the finance of the town.
3.5.3 The Town Clerk shall have custody of all town reports, vital records, original documents and other records pertaining to the town as may be required by law.
3.5.4 The Town Clerk shall have custody of the Town seal.
3.5.5 The Town Clerk and any assistant or temporary Town Clerk shall pay into the town Treasury, as the property of the town, all fees received by virtue of their office.
3.6 Assessors
3.6.1 The Assessors shall be responsible for determining the valuation of property in the town for the purposes of taxation.
3.6.2 The Assessors shall, as soon as the tax rate is fixed for the year, notify the Accountant of the amount to be raised for state, county and town purposes and for overlay, specifying the amounts to be levied on real and personal property and to accrue from estimated receipts.
3.7 School Committee
3.7.1 The School Committee shall have general charge of all public schools.
3.8 Accountant
3.8.1 The office of Accountant was established pursuant to Section 55 of Chapter 41 of the General Laws by vote adopted under Article 3 of the warrant for the special town meeting held December 15, 1917.
3.8.2 The Town Accountant shall keep a complete set of books wherein shall be entered the amount of each specific appropriation, the amounts and purposes of expenditures made therefrom, the receipts from each source of income, the amount of each assessment levied and the abatements made.
3.9 Finance Committee
3.9.1 The Finance Committee was established under Article 17 of the warrant for the annual town meeting held February 13, 1933, and further amended under Article 19 of the warrant for the annual town meeting held March 10, 1969.
3.9.2 There shall be a Finance Committee which shall consider all fiscal questions and may consider municipal questions at their discretion for the purpose of making reports or recommendations to the town. This committee shall consist of seven (7) voters who shall serve without pay, and members may hold no other elective or appointive town positions involving expenditure of town money during their terms of office. Members shall be appointed by the Board of Selectmen with consideration for the demographic composition of the town. Appointments shall be for terms of three (3) years, expiring on the dissolution of the annual town meeting held for the final year of the term. Within thirty (30) days after the dissolution of each annual town
meeting, the Board of Selectmen shall reappoint (or appoint successors to) members whose terms have expired, except that no one shall serve more than three (3) consecutive terms. Within thirty (30) days after the Board of Selectmen has been notified of a vacancy occurring in the committee other than by expiration of term of office, the Board of Selectmen shall fill this vacancy for the unexpired term. The Board of Selectmen may revoke an appointment to the committee if the appointee has failed to attend one half of its regular meetings, or for other cause.
3.9.3 The Finance Committee shall, as soon as possible after the annual appointment of new members has been made, meet for the purpose of organization. Four (4) members of the committee shall constitute a quorum. The committee may, from time to time, make such rules and regulations governing their meetings and the conduct of their work as they may deem best for the interests of the Town. The committee shall hold public meetings and may invite any town officer, employee, citizen, person, board or committee to attend and to provide information that will assist the committee upon any public matter before it for consideration.
3.9.4 The Finance Committee shall each year request and receive copies of each proposed budget for the next fiscal year from the various town departments, officers, and bodies charged with the expenditure of town money. The committee shall also be furnished by the Board of Selectmen with copies of all articles in the town meeting warrant, within fourteen (14) days after the warrant closing.
3.9.5 Prior to each annual town meeting for the transaction of business, the Finance Committee shall:
3.9.5.1 Hold one or more hearings with each town department, officer, and body charged with the expenditure of town money so that each may present and discuss the respective budgets;
3.9.5.2 prepare, publish and distribute to the voters of the town, a budget showing in detail the anticipated income and expenditure of the town for the then current year, together with the committee's advice and recommendations regarding various appropriations of town funds and other municipal matters coming before town meeting;
3.9.5.3 Hold a public hearing for discussion of the warrant and the committee recommendations regarding town meeting. This hearing shall be held no later than seven (7) days before opening of town meeting.
3.9.6 At each annual town meeting the Committee shall present and explain the proposed budget with its advice and recommendations, and it shall also, at each special town meeting, give its advice and recommendations regarding any appropriations of Town funds or other municipal matter coming before the special meeting.
3.10 Long-Term Capital Requirements Committee
3.10.1 The Long-Term Capital Requirements Committee was established under Article 20 of the warrant for the annual town meeting held March 14, 1966, and further amended under Article 38 of the warrant for the annual town meeting held March 8, 1971.
3.10.2 There shall be a committee known as the Long-Term Capital Requirements Committee, the function of which shall be to evaluate the long-term capital requirements of the town and to make recommendations on the same at each annual town meetings. A capital requirements program for the next five (5) years shall be presented at each annual town meeting. Every anticipated capital outlay of more than $10,000 for any item having a useful life of more than three (3) years shall be considered by the committee in preparation of their recommendations.
3.10.3 The committee shall consist of seven (7) members, four (4) appointed by the Board of Selectmen one (1) appointed by the Finance Committee, one (1) appointed by the Planning Board, and one (1) appointed by the Carlisle School Committee. Members of the committee appointed by the Board of Selectmen shall be registered voters of the Town who do not hold elective office in the town and who are otherwise eligible for membership on the committee. Within thirty (30) days after the final adjournment of each annual town meeting, the Board of Selectmen shall appoint two (2) members in the first year and one (1) member in each of the next two years to serve for a three (3) year term which expires on the final adjournment of the annual town meeting held for
the third year ensuing after the date of such appointment. In addition to the four members so appointed, the Finance Committee, Planning Board, and Carlisle School Committee shall as soon as may be after each annual town meeting appoint one of their members to the Committee for a term of one (1) year.
3.11 Library Trustees
3.11.1 The Library Trustees are established in accordance with the provisions of Sections 10 and 11 of Chapter 78, of the General Laws.
3.11.2 The Trustees shall have the custody and management of the library and of all property owned by the town relating thereto.
3.12 Planning Board
3.12.1 The Planning Board was established in accordance with the provisions of Section 81A of Chapter 41 of the General Laws adopted under Article 3 of the warrant for the special town meeting held December 14, 1931, and further amended under Article 30 of the warrant for the annual town meeting held March 2, 1953.
There shall be a Planning Board of seven members under the provisions of the General Laws, Chapter 41, Section 81-A; the members of the Planning Board in office as of May 14, 2003, shall serve as members of the Planning Board so established until the Annual Town Election to be held in 2004; provided that, thereafter, the terms of the members shall be three years, but at the Annual Town Election to be in 2004, there shall be elected on the official ballot two members to serve for one year, two members to serve for two years, and three members to serve for three years; and at the Annual Town Elections to be held in 2005, and thereafter, there shall be elected in each year such members as are necessary to fill expiring terms.
The Planning Board shall maintain a record of the town's development and resources and, when necessary, prepare plans and make recommendations to the town for the optimum management of future change and growth.
3.12.2 The board shall report annually to the town meeting.
3.12.3 The board shall administer the subdivision control law of Chapter 41 of the General Laws.
3.12.4 The board shall hear and decide the applications for special permits for use of land and/or buildings upon which the board is required to pass in accordance with the Zoning Bylaw.
3.13 Board of Appeals
3.13.1 The Board of Appeals was established pursuant to the provisions of Chapter 40A of General Laws adopted under Article 30 of the annual town meeting held February 8, 1937.
3.13.2 The board shall have the following powers:
3.13.2.1 To hear and decide appeals by any person aggrieved by reason of his inability to obtain a permit under the Zoning Bylaw, or by an officer or board of the town or other person aggrieved by an order of decision of any administrative official under the Zoning Bylaw.
3.13.2.2 To hear and decide requests for variances, upon appeal or upon petition, which may be granted under the limited circumstances set forth in the Zoning Bylaw.
3.13.2.3 To hear and decide applications for permits for removal of earth material.
3.14 Conservation Commission
3.14.1 The Conservation Commission was established in accordance with the provisions of Section 8C of Chapter 40 of the General Laws adopted under Article 20 of the warrant for the annual town meeting held March 15, 1965, and further amended under Article 6 of the warrant for the special town meeting held November 11, 1968, and again amended under Article 6 of the warrant for the special town meeting held June 14, 1971.
3.14.2 The commission shall have as its purpose the promotion, preservation and development of the natural resources and protection of watershed resources of the town
3.15 Recreation Commission
3.15.1 The Recreation Commission was established in accordance with the provisions of Section 45 of the General Laws adopted under Article 20 of the warrant for the annual town meeting held March 9, 1964, and further amended under Article 23 of the annual town meeting held March 16, 1970.
3.15.2 The commission shall plan and administer programs and facilities which encourage broad recreational uses of leisure time. Consideration shall be given to the balance between formal and informal activities and to the advisability of making programs financially self-sustaining if possible.
3.16 Town Building Committee
3.16.1 The Building Committee was established by vote under Article 2 of the warrant for the special town meeting held April 9, 1962, and further amended under Article 9 of the warrant for the special town meeting held June 29, 1972.
3.16.2 The committee shall have general supervision over the design, construction and renovation of public buildings
3.17 Youth Commission
3.17.1 The Youth Commission was established pursuant to the provisions of Section 8E of Chapter 40 of the General Laws adopted under Article 42 of the warrant for the annual town meeting held March 8, 1971.
3.17.2 The commission shall carry out programs which may be designed or established to meet the opportunities, challenges and problems of youth of the town.
3.18 Police Department
3.18.1 The Police Department was established pursuant to the provisions of Section 97 of Chapter 41 of the General Laws adopted under Article 24 of the warrant for the annual town meeting held March 14, 1966.
3.18.2 The Police Department is under the direction of the Board of Selectmen who shall appoint a chief of police and such other police officers as they deem necessary. The Selectmen may make regulations governing the police department and the officers thereof and may remove the chief and other officers for cause at any time during their appointment after a hearing.
3.18.3 The chief of police shall be in immediate control of all town property used by the department, and of the police officers, who shall obey his orders.
3.19 Fire Department
3.19.1 The Fire Department was established pursuant to the provisions of Section 42-44 of Chapter 48 of the General Laws adopted under Article 9 of the warrant for the special town meeting held April 29, 1926.
3.19.2 The Fire Department is under the control of the chief of the fire department. The chief shall be appointed by the Selectmen and may be removed for cause by the Selectmen at any time after a hearing.
3.19.3 The fire chief shall have full and absolute authority in the administration of the department, shall make all rules and regulations for its operation, shall report to the Selectmen from time to time as they may require, and shall report annually to the town the conditions of the department with his recommendations thereon.
3.19.4 The fire chief shall fix the compensation of the permanent and call members of the fire department subject to the approval of the Selectmen.
3.19.5 In the expenditure of money the chief shall be subject to such further limitations as the town may from time to time prescribe.
3.19.6 The fire chief shall act as forest warden.
3.20 Town Counsel
3.20.1 The Selectmen may annually after the final adjournment of the annual town meeting appoint and employ a member of the bar in good standing, to serve as Town Counsel for the term of one (1) year until his successor is appointed. The Selectmen may appoint and employ special counsel for any matter in which the town has an interest.
3.20.2 Except for matters for which a special counsel has been appointed, it shall be the duty of the Town Counsel, if any, to conduct the prosecution, defense or compromise of claims, actions and proceedings to which the town is a party, and the prosecution of actions or proceedings by or on behalf of any town officer or committee as such; to conduct the defense of any action or proceedings brought against any town officer or committee as such when the Selectmen, having determined that any right or interest of the town is or may be involved therein, shall so request; to represent the town in proceedings brought by or against the Assessors before the appellate Tax Board; to assist in the prosecution of complaints for violation of any bylaw of the town, when
requested so to do by the officer or committee enforcing the same; to examine and report upon titles to all land to be acquired by the town; upon request of the responsible town officer or committee to prepare or approve contracts, bonds, deeds and other legal instruments in which the town is a party or in which any right or interest of the town is involved; to appear at any and all hearings on behalf of the town whenever his services may be required; and generally to advise and act for the town officers and committees upon and in legal matters touching the duties of their respective offices.
3.21 Board of Registrars
3.21.1 The Registrars of Voters are established under Section 15 of Chapter 51, of the General Laws.
3.21.2 The Town Clerk shall serve on the Board of Registrars.
3.21.3 In no case shall the Board have more than two (2) members, including the Town Clerk, of the same political party.
3.22 Celebrations Committee
3.22.1 There shall be a committee known as the Celebrations Committee consisting of five (5) members appointed by the Board of Selectmen.
3.23 Council on Aging
3.23.1 There is hereby established a Council on Aging, under the provisions of Chapter 40, Section 8B of the General Laws, for the purpose of coordinating or carrying out programs designed to meet the problems of the aging in coordination with programs of the Massachusetts Department of Elder Affairs.
3.23.2 The council is increased from seven (7) members to eleven (11) members, appointed by the Board of Selectmen to serve staggered terms of three years each, and their successors shall be appointed by the Board of Selectmen to serve for terms of three years each. At least six (6) of the persons serving as members shall have reached the age of sixty (60) years.
3.24 Board of Health
3.24.1 There is hereby established a Board of Health, under the provisions of Chapter 41, Sections 1 and 2 of the General Laws, consisting of five (5) members and to implement this change as follows: At the 2005 Annual Town Election, the Town shall elect three Board of Health members, one for a term of one year, one for a term of two years, and one for a term of three years. Thereafter, upon the expiration of any member’s term, his successor shall be elected for a term of three years. Upon the election and qualification of the Board of Health at the 1982 annual town meeting, the terms of office of the Selectmen then acting as the Board of Health shall terminate.
3.24.2 The Board of Health shall have the powers and duties prescribed by Chapter 111 of the General Laws.
3.24.3 The Board of Health is authorized to accept on behalf of the inhabitants of the Town of Carlisle, covenants, deed restrictions, easements, and other interests in land granted to the Town in connection with any approval by the Board of Health of a sewage disposal system in accordance with Title 5 of the State Environmental Code, 310 CMR 15.00, and the Board’s Regulations, as the same may be amended from time to time.
3.24.4 The fee to be charged by the Board of Health for recreational camp licenses and other facilities to be licensed by the Board of Health pursuant to section 32B of chapter 140 of the general laws of the Commonwealth shall be $50 (fifty dollars) for an original application and $10 (ten dollars) for a renewal.
3.25 Personnel Board
3.25.1 Establishment
By the authority granted under Section 108C of Chapter 41 Massachusetts General Laws there is hereby established a Personnel Board consisting of five (5) members who shall be appointed by the Board of Selectmen. One (1) member shall be appointed for a term of one (1 ) year, two (2) members for terms of two (2) years, and two (2) members for terms of three (3) years. All subsequent appointments shall be made for three (3) years and vacancies shall be filled by the Board of Selectmen. No member of the Personnel Board shall be an employee under the jurisdiction of the Personnel Board, or an appointed or elected official of the Town.
3.25.2 Application
All Town Departments and all positions in Town service, except those filled by popular election and those under the jurisdiction of the School Committee, shall be subject to the provisions of this bylaw.
3.25.3 Purpose
The Personnel Board is authorized to provide, create, and administer personnel policies in the Town of Carlisle, subject to the approval of the Board of Selectmen, and to negotiate collective bargaining agreements in the Town of Carlisle, subject to the authority vested in the Board of Selectmen. The Board is further authorized to make interpretations and resolve questions of policy relating to wages, salaries and other benefits and their related procedures, and to assure that these policies are consistently administered by all town departments, boards and committees.
3.25.4 Duties and Responsibilities
3.25.4.1 Subject to the foregoing, the Personnel Board shall have access to any and all personnel records maintained by the Town, and department heads and chairpersons of boards and committees shall furnish such information as may be requested by the Personnel Board.
3.25.4.2 As authorized under Section 108A of Chapter 41 Massachusetts General Laws, the Personnel Board may classify all compensated positions in the employ of the Town, both part_time and full_time, except those positions exempted in Section 3.25.2 above.
3.25.5 Personnel Administrator
3.25.5.1 The Personnel Administrator shall be appointed by the Personnel Board. If an Executive Secretary has been established in accordance with M.G.L. Chapter 41 Section 23A, the Personnel Board may, subject to the approval of the Board of Selectmen, appoint said Executive Secretary as the Personnel Administrator.
3.25.5.2 Notwithstanding the foregoing, the Personnel Administrator may act as chief negotiator for such collective bargaining agreements which are not within the jurisdiction of the School Committee subject to authority vested in the Board of Selectmen and interpretation of policy by the Personnel Board.
3.25.5.3 The Personnel Administrator shall maintain written job descriptions of all positions in the Town, describing essential characteristics, the requirements and general duties of the position. Department heads, and chairpersons of boards and committees, shall inform the Personnel Administrator of any changes in job dimensions.
3.25.5.4 The Personnel Administrator shall have access to any and all personnel and payroll records maintained by the Town except those prohibited by contract or law. Department heads and chairpersons of boards and committees shall furnish such information as may be requested by the Personnel Administrator.
3.25.5.5 The Personnel Administrator shall ensure the maintenance of a central personnel file for all positions in Town service, except those filled by popular election and those under the jurisdiction of the School Committee and shall make recommendations to the Selectmen regarding Town personnel policies and their administration subject to consultation with the Personnel Board.
3.25.5.6 The Personnel Administrator in conjunction with department heads and chairpersons shall review all advertising for employment, all applications and all testing programs; maintain appropriate eligibility lists; and perform such other duties as may be necessary to assure suitable candidates for employment with the Town. The Personnel Administrator shall also ensure that orientation sessions are conducted with employees to make them aware of personnel policies and procedures and the benefits of employment with the Town.
3.25.5.7 The Personnel Administrator shall review compensation rates for the Town and shall keep informed of pay rates outside the service of the Town, and in consultation with the Personnel Board shall recommend to the Board of Selectmen and Finance Committee any action he or she deems desirable to maintain fair and equitable pay levels.
3.25.5.8 The Personnel Administrator shall grant prior approval in accordance with established personnel policies and procedures of the Town before the Town Accountant prepares, processes, or provides any forms which in any way would allow, authorize or permit the payment of salary or wages to any new employee of the Town or change the pay of any current employee.
3.25.5.9 The Personnel Administrator shall be responsible for ensuring the Town's compliance with all applicable state and federal regulations and shall recommend changes to maintain the Town's compliance with such regulations.
3.25.6 Severability
Each provision of this bylaw shall be construed as separate to the end that if any part of it should be held invalid for any reason the remainder shall continue in full force and effect.
3.26 Community Preservation Committee
3.26.1 The Community Preservation Committee is established consisting of seven voting members pursuant to MGL Chapter 44B.
3.26.2 The Community Preservation Committee shall be appointed by the Board of Selectmen and consist of one member each from the:
Conservation Commission as designated by the Commission, Historical Commission as designated by the Commission, and Planning Board as designated by the Planning Board for an initial term of three years,
Recreation Commission as designated by the Commission, and Housing Authority as designated by the Authority, for an initial term of two years and thereafter for a term of three years.
Board of Selectmen is designated by the Board, and one community member, appointed for an initial term of one year and thereafter for a term of three years.
3.26.3 The Community Preservation Committee shall study the needs, possibilities, and resources of the town regarding community preservation. The Committee shall consult with existing municipal boards and hold one or more public informational hearings yearly on the needs, possibilities and resources of the town regarding community preservation. This meeting shall be publicly posted for each of two weeks preceding a hearing in the local newspaper.
3.26.4 The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation, and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation, and preservation of land for recreational use, for the rehabilitation or restoration of such open space, historic resources, land for recreational use, and community housing that is acquired or created as provided in the Community Preservation Act.
3.26.5 The Community Preservation Committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes consistent with the Community Preservation Act.
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