Town of Arlington
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Title I - General Government
ARTICLE 1
TOWN MEETINGS
Section 1. Date of Annual Meeting and Adjournment
(ART. 93, ATM – 05/23/88) (ART. 12, ATM – 05/09/94) (ART. 10, ATM - 04/24/24)
The Annual Town Meeting for the purposes of conducting the regular Town Election of Town officers including Town meeting members, and for the submission of questions to the voters of the Town, if required to be submitted thereat, shall be held annually on the first Saturday of April unless the Select Board vote not later than February 1 to establish another date in order to better suit the public convenience for reasons it shall determine including, but not limited to, conflicts with the observance of religious holidays. Said election shall be considered part of the Annual Town Meeting held in that year. All articles in the warrant for any regular Town meeting to be acted upon and determined otherwise than by ballot shall be considered at a Town meeting to be held annually on the fourth Monday in April, at eight o'clock in the evening unless the Select Board votes not later than February 1 to establish another date and time in order to better suit the public convenience for reasons it shall determine including, but not limited to, conflicts with the observance of religious holidays. In no case shall the Annual Town Meeting begin later than the second Monday in May at eight o’clock in the evening.
Section 2. Call of Meetings
(ART. 21, ATM – 04/29/96) (ART. 7, ATM –04/28/03)(ART. 21, ATM – 05/11/11)
The Select Board shall, before calling a Town Meeting, post a notice of their intention to do so in each municipal and school building in the Town at least five days before opening the Warrant calling the meeting. The Warrant for any Annual Town Meeting shall open not later than the first week of December nor shall it be closed earlier than the last Friday of the following January. Furthermore, the Select Board shall make a written request to the Town's licensed cable television provider to place notice of the opening of the Warrant on a cable channel designated for community notices. Additionally, the Select Board shall make a written request to one local newspaper to inform residents of the opening of the Warrant.
A copy of the warrant for a meeting shall be posted in each municipal and school building at least seven days before the day of the Annual Meeting, fourteen days before a Special Town Meeting, and a copy left at every dwelling house in the Town previous to the day of meeting. A copy of the warrant for any state election shall be sent to every dwelling house only to the extent required by the General Laws. The Town Clerk shall cause notice of such meeting to be published in at least one local newspaper.
Section 3. Duties of Moderator
(ART. 27, ATM – 05/06/02)The duties of the Moderator, and the government of the Town Meeting, not specially provided for by law, or by the foregoing rules, shall be determined by rules of practice contained in Town Meeting Time, A Handbook of Parliamentary Law, by Johnson Trustman and Wadsworth, a Committee of the Massachusetts Moderator's Association, published by Massachusetts Moderators Association 2001, so far as they are adapted to the condition and powers of the Town.
Section 4. Duties of Clerk
A. Record of Attendance - A record of the attendance of Town Meeting Members at all representative Town Meetings shall be made under the direction of the Town Clerk, said record to be available to the public.B. Record of Proceedings - A complete record of the proceedings of the Town Meeting, including all discussion and debate, shall be made under the direction of the Town Clerk, said record shall be available to the public no later than sixty (60) days. Any partial record of the proceedings of Town Meeting shall be available to the public when said record is received by the Town Clerk prior to the required time period designated under this Section.
Section 5. Duties of Town Meeting Members
Town Meeting Members shall strive to be regular and prompt in their attendance at all sessions of the Annual and Special Town Meetings held during the terms of office for which they have been elected. Town Meeting Members shall undertake to educate themselves regarding the form, conduct and administration of the government of the Town and the rules governing the conduct of the Town Meeting.They shall seek, by their attendance at scheduled precinct meetings, at hearings on the various articles held by the Finance Committee and the Select Board, and at such other meetings as may be scheduled to provide the information, to inform themselves to the greatest extent possible with respect to all issues to come before an Annual or Special Town Meeting.
Town Meeting Members shall conduct themselves in accordance with the rules established for the conduct of the Meeting, shall demonstrate fairness, courtesy and respect for the opinions and positions of their fellow Members, and shall otherwise perform their duties and responsibilities in such a manner as to reflect credit upon the legislative and appropriating body of the Town.
Section 6. Quorum
(ART. 15, ATM – 05/09/94), (ART. 22, ATM – 05/11/11)Twenty five percent of the total number of Town Meeting positions shall constitute a quorum for doing business at Town Meeting. No non procedural action or reconsideration requiring a two thirds vote under the provisions of any general or special law shall be taken without the affirmative vote of at least eighty five Town Meeting Members, provided that no standing vote shall be required to satisfy the requirements of this section if the Town Clerk certifies on the record that at least eighty five Town Meeting Members are present and voting. (Note: This Quorum By Law is allowed based on a Special Law, Chapter 428 of the Acts of 1984 and supersedes the Quorum requirements of Chapter 43A Section 5.)
Section 7. Regulation of Speakers
A. Right to Address Meeting(ART. 12, ATM – 04/27/92)
The following officers shall have the same power to address the Town Meeting as an elected Town Meeting Member, but they shall not have a vote in the Town Meeting: the Town Moderator, the Town Clerk, the Town Treasurer, the Town Manager, the Superintendent of Schools, the Chairperson of the Select Board, the Assessors of Taxes, the School Committee, the Redevelopment Board, the Finance Committee, the Personnel Board, and the Chairperson of all other Boards, Commissions and Committees established under the bylaws or by a vote of the Town Meeting.
In the absence of the Chairperson of any of the foregoing, the Vice Chairperson shall have the rights of the Chairperson.
B. Manner of Speaking
(ART. 28, ATM – 05/06/02)
Every person desiring to speak shall arise, address
the chair and on obtaining recognition, shall stand, while speaking, unless the Moderator otherwise directs. A Town Meeting Member who speaks upon any matter in which the speaker or their immediate family has a direct financial interest shall first disclose such interest to the meeting. The words direct financial interest shall include, but not be limited to, employment as attorney or consultant with respect to the matter.
C. Time Limits
(ART. 18, ATM – 04/29/92) (ART. 11, ATM –04/26/99)
(ART. 20, ATM – 4/30/12) (ART. 8, ATM-04/27/15)
No person shall speak, or otherwise hold the floor, for the first time on any subject for more than seven minutes, unless, prior to beginning their presentation, the person requests of the Town Meeting a specific extension of time, and the request is granted by a majority vote of the Town Meeting members present and voting.
No person shall speak, or otherwise hold the floor, for a second time on any subject for more than five minutes.
No person shall speak, or otherwise hold the floor, more than twice on any subject except to correct an error, without first obtaining permission of the meeting by obtaining a majority vote of the Town Meeting Members present and voting. After obtaining said permission, the person shall not speak, or otherwise hold the floor, for more than five minutes.
No person shall speak, or otherwise hold the floor on any matter brought up under the Article concerning reports of Committees or under the agenda category for announcements and resolutions, for more than four minutes, unless prior to beginning, their presentation, the person requests of the Town Meeting a specific extension of time, and the request is granted by a majority vote of the Town Meeting members present and voting. Nothing set forth in this bylaw shall be construed to limit the discretion of the Town Moderator to regulate the conduct of the meeting.
Section 8. Procedures Committee
(ART. 15 – ATM, 05/30/07)A. Name. The name of this committee shall be the Town Meeting Procedures Committee.
B. Appointing Authority. The Moderator shall be the appointing authority for the committee, and shall also fill any vacancies.
C. Composition. The committee shall consist of five members who shall be: the Moderator, the Assistant Moderator, and three Town Meeting Members.
D. Duties. The committee shall consider, recommend, and report to the Town Meeting on matters related to Town Meeting procedures. The committee shall take a broad view of matters related to Town Meeting procedures. In addition to considering how such matters affect the Town Meeting, the committee shall also consider how these matters affect the desire of voters of the Town to become Town Meeting Members.
E. Transitional provision. When this section comes into effect, Town Meeting Members already on the committee shall remain on the committee. If the Moderator or Assistant Moderator is already on the committee, the Moderator shall now be on the committee by virtue of their office and their Town Meeting Member position on the committee shall be declared vacant.
Section 9. Appointment of Committees
(ART. 14, ATM – 05/09/94)A. Scope This section shall apply to all committees (as hereinafter defined) established by the Town Meeting, or under the bylaws, except to the extent that the vote establishing the same shall specify otherwise, or if the General Laws or Special Acts require a different method. It shall not be applicable to committees established prior to the effective date hereof, except to the extent that the Town Meeting may vote to make any one or more provisions hereof applicable to the same.
B. Definitions
1. Appointing Authority - the person or entity having the power to appoint persons to committees. Unless otherwise specified, the Moderator shall be the appointing authority.
2. Committee - any committee, commission, board, task force or other such group however denominated.
3. Entity - a board, corporation, voluntary association, committee, commission, or other group. Unless the bylaws or a vote of such entity specify otherwise, an entity shall act by its chair, president, or other chief executive officer.
4. Members of a Committee - registered voters of the Town, unless the vote otherwise specifies.
5. Nominating Authority - the person or entity having the power to nominate or designate one or more members of a committee. If no nominating authority is specified, the appointing authority shall also be the nominating authority.
6. Town Official – (ART. 10, ATM – 04/26/99)
whenever a vote by the Town Meeting or a Bylaw shall provide for the appointment or nomination of an elected or appointed official of the Town, except a Town Meeting member, such designation shall be considered to mean and shall include the designee of such official, unless the vote or bylaw specifically provides otherwise.
C. Establishment Promptly after the effective date of any vote
establishing a committee, the Town Clerk shall notify the
appointing and nominating authorities of the same. Within
sixty (60) days of the date of such notice, the nominating
authorities shall submit the names and addresses of their
nominees to the appointing authority.
If any one or more of them shall fail or neglect to do so, the
appointing authority may appoint in place of such nominees,
any registered voter of the Town.
The appointing authority shall within thirty (30) days of receiving the nominations or upon thirty (30) days of failing to receive the nominations within the time hereinabove provided, make the appointments in writing to the Town Clerk, who shall promptly notify the appointees.
D. Organization The appointing authority shall designate one of the appointees as acting chairperson, and the Town Clerk, in the course of notifying the appointees, shall instruct such acting chairperson to call an initial meeting, at which the committee shall elect its officers by ballot.
E. Default If the appointing authority shall fail to exercise the duties set forth above, then the Moderator shall act as appointing authority, and, in the event of default by the Moderator, the Town Clerk shall so act.
F. Term of Office:
1. Members shall serve terms of three years
2. Re-appointments, or appointments to fill vacancies, shall be made in the same manner as original appointments.
3. If a member has been appointed by reason of their status as a registered voter, their term of office shall cease if such member removes from the Town.
4. If a member has been appointed by reason of their status as a member of an entity, their term of office shall cease if such person ceases to be a member of such entity.
5. If a member shall fail to attend three (3) or more consecutive meetings of the committee, the committee may, by vote, remove such member and request the nominating authority to nominate a replacement to the appointing authority.
G. Miscellaneous The Town Meeting by the vote establishing any committee may alter any one or more of the foregoing provisions with respect to such committee, but any provision not so altered will be in full force and effect with respect to the same. Members shall serve without compensation, but, subject to appropriation, shall be entitled to be reimbursed for their reasonable expenses incurred in connection with their official duties.
Section 10. Procedural Rules
A. Motions in Writing All questions or motions submitted for the consideration of the Town Meeting shall be reduced to writing if required by the presiding officer.B. Reading Articles
(ART. 13, ATM – 04/29/92)
The reading of warrant articles and proposed votes related thereto shall not be required except by a motion adopted by a majority vote of those members present and voting, provided that the information and precise wording of the same has been made available, in writing, to each Town Meeting Member who may be present when the same are being considered by the Town Meeting.
C. Votes
(ART. 13, ATM – 04/29/92), (ART. 22, ATM – 05/11/11),
(ART. 12, ATM – 04/22/13), (ART. 11, ATM – 04/28/14)
“All votes, unless otherwise provided by law, shall be taken in the first instance by a “yes” and “no” voice vote or by an electronic tally at the option of the Moderator. If the Moderator is in doubt as to the voice vote, or if five voters immediately question a voice vote, the Moderator shall call for a standing vote or an electronic tally, at the option of the Moderator. In an instance where the difference between the yes and no votes according to an electronic tally is less than 6 votes, then the individual votes shall be displayed.
On all questions submitted for the consideration of the Town Meeting, when requested by thirty or more Town Meeting Members present at the meeting, there shall be a roll call vote, either by voice or by an electronic vote, at the option of the Moderator. If an electronic tally was previously taken on the question, the vote of each Town Meeting Member who voted electronically in the first instance shall be displayed and recorded. All roll call votes, oral or electronic, shall be recorded so as to indicate the individual vote of each Town Meeting Member who shall have voted. Said record of roll call votes, oral or electronic, shall be available as recorded at the Town Clerk's Office.
Whenever a vote of two-thirds of the Town Meeting Members present and voting is required on any matter, the Moderator may declare a motion passed by a voice vote or electronic tally of at least two-thirds in favor. A standing vote or further electronic tally need not be taken unless required by law or these Bylaws. The Town Clerk shall record the Moderator’s declaration that the motion passed by a two-thirds vote in favor.
The individual votes shall always be displayed if the margin of success of the prevailing side, calculated by subtracting the smallest number needed to prevail from the actual number of prevailing votes, is less than three.
D. Motions When a question is under debate, motions shall be received to adjourn, to lay on the table, the previous question, to postpone to a certain time, to commit, or to amend; which several motions shall have precedence in the order stated. The first three shall be decided without debate.
E. Reconsideration
(ART. 13, ATM – 04/29/92) (ART. 19, ATM – 04/27/88)
A motion to reconsider any vote must be made before the final
adjournment of the meeting at which the vote was passed, but
such motion to reconsider shall not be made at an adjourned
meeting unless the mover has voted on the prevailing side, and
has given notice of their intention to make such motion at the
session of the meeting at which the vote was passed.
There can be no reconsideration of a vote once reconsidered, or
after a vote not to reconsider.
No article in the warrant shall again be taken into consideration after it has been disposed of unless ordered by vote of two thirds of the Town Meeting Members present and voting. A notice to reconsider any vote must be made orally to the meeting either from the floor or announcement by the moderator that such notice has been served.
F. Previous Question No motion to move the previous question may be made by a person who otherwise speaks on the question. A person desiring to move the previous question must limit themself to the words "I move the previous question" or words that have the same limited effect. A person recognized by the Moderator to speak a second time on a question may move the previous question if such person does not otherwise speak on the question when recognized for the second time.
G. Committee Reports No action shall be taken by any Town Meeting on the Report of any committee, previously chosen, unless the same shall be specified in the warrant calling said meeting.
Section 11. Assistant Moderator
(ART. 14, ATM – 04/28/03)A. Election: Each year at the Annual Town Meeting, the Town Meeting Members shall elect one of their number to serve as Assistant Moderator for a term of one year, or until the Assistant Moderator’s successor is elected and qualified.
B. Duties: Whenever the Moderator is unavailable, the Assistant Moderator shall preside at Town Meeting. In addition, the Assistant Moderator shall assist the Moderator in the performance of their duties, as the Moderator may direct.
ARTICLE 2
SELECT BOARD
(ART. 20, ATM –4/25/18)
Section 1. Duty
The Select Board shall have the general direction and management of the property and affairs of the Town in all matters not otherwise provided for, so far as permitted by law.The Select Board is the entity historically known as the “Board of Selectmen,” and possesses all the duties, authorities, and legal rights and responsibilities of the Town of Arlington’s “Board of Selectmen.”
Section 2. Representative Powers
The Select Board may appear, either personally or by Town Counsel or by Special Counsel duly employed by them before any Court, Committee of the Legislature, or any Federal, State, or County Board of Commissioners, or other tribunal to protect the interests of the Town, but they are not authorized hereby to commit the Town to any course of action. They shall have authority as agents to institute, prosecute and defend suits and claims against or involving the interests of the Town, and to settle same when, in their judgment upon advice of counsel, such settlement is for the best interest of the Town.Section 3. Reports Due to Select Board
(ART. 20, ATM – 04/27/88)All Boards and officers shall make an annual report covering each year and forward same to Select Board not later than January 15 of the following year, or at an earlier date if required by the Select Board.
Section 4. Privilege at Town Meeting
(ART. 14, ATM – 04/29/92)Notwithstanding any other provision of the Bylaws, any member of the Select Board shall be entitled to seek the recognition of the Moderator as though said Select Board member were a Town Meeting Member.
Section 5. Town Home Page
(ART. 50, ATM – 05/19/97)The Select Board is authorized and directed to publish on the Town’s Internet home page, subject to space availability, various documents and other information it deems in the public’s interest to provide, including but not limited to, Town Meeting warrants and minutes of meetings of the Select Board.
Section 6. Office Title
Members of the Select Board may be addressed as “Select Board Member,” or “Board Member,” “Selectwoman,” or “Selectman.”
ARTICLE 3
TOWN CLERK
Section 1. Town Seal
The Town Clerk shall have the custody of the Town Seal.Section 2. Conveyances
All conveyances under seal, which may hereafter be executed by the Town, pursuant to a vote of the Town, or otherwise, shall be sealed by such seal and subscribed by a majority of the Select Board.Section 3. Annual Report
The Town Clerk shall make a full index of all reports and prepare a report upon the vital statistics of the Town for publication in the Annual Town Report.Section 4. Notice to Committees
It shall be the duty of the Town Clerk to immediately notify in writing all members of committees who may be elected or appointed at any town meeting stating the business upon which they are to act and the names of the persons composing the committees.Section 5. Report of Town Meeting Actions
It shall be the duty of the Town Clerk, immediately after every town meeting, to furnish the Town Accountant and the Board of Assessors with a statement of all appropriations made by the Town at such meeting, and the purpose for which such appropriations were made and the manner of raising the same. They shall also notify all boards, officers and committees of all votes passed at any town meeting in any way affecting them.Section 6. Record Keeping
It shall be the duty of the Town Clerk to properly record, file, and index all contracts, agreements, releases, bonds, deeds and all other papers and documents in any way affecting the interests of the Town when filed with them, and all such papers and documents unless otherwise required by law, shall be so filed by all boards, officers and committees at such time as the work to which such papers or documents pertain, shall have been completed.
ARTICLE 4
TREASURY & COLLECTIONS DIVISION
(ART. 5, STM – 12/05/18)Section 1. Duty
The Town Treasurer shall administer the Treasury & Tax Collections Divisions.Section 2. Divisions
A. Tax Collection Division(ART. 15, ATM – 05/04/09)
1. The Town Treasurer also acts as the Collector of Taxes.
2. The Collector of Taxes shall seasonably collect, under the title Town Collector, all accounts due the Town which are committed to the Collector. When the Collector of Taxes serves a written demand for the payment of any delinquent taxes, a demand fee of $30 shall be added to the amount of the tax demanded thereby.
3. Every department of the Town shall deliver to the Comptroller at least once in every month a separate statement of each account due the Town arising through any transaction with such department. Upon receipt of such statements of accounts, the Comptroller shall commit such accounts to the Town Collector for collection. This section shall not apply to taxes and special assessment, licenses and permits issued or granted by the various departments of the Town, nor to interest on investments of sinking or trust funds.
4. Any account committed by the Comptroller which the Town Collector is unable to collect by ordinary efforts will be referred back to the department in which said account originated for further collection effort. So far as permitted by law, any account or portion thereof may be abated by the Comptroller upon recommendation by said department.
In the event the account cannot be collected within a reasonable period of time and is not abated, it shall be referred by the Town Collector to the Town Counsel for appropriate legal action and the Comptroller shall be notified of said referral.
5. The Tax Collection Division shall, once in each week or
oftener, pay over to the Treasury all money
received during the preceding week or lesser period on
every such account, including any sums received as
interest on monies received on such accounts and deposited in any bank.
B. Treasury Division
1. The Town Treasurer receives and takes charge of all monies belonging to the Town.
2. The Town Treasurer shall pay all monies of the Town which are legally due and owing, according to the order of the Town or its authorized officers.
3. The Town Treasurer shall, from time to time during the fiscal year, prepare and update a cash flow projection of anticipated receipts and expenditures and shall manage the Town's excess cash by prudently investing same to the maximum advantage of the Town as permitted by law.
4. The Town Treasurer shall determine the amounts of interest and maturing debt to be included in the annual budget for the ensuing year.
5. The Town Treasurer shall have custody of all paid matured notes, bonds and coupons issued by the Town and all canceled checks.
6. The Town Treasurer shall manage the Town's debt.
Section 3. Bond
The Town Treasurer shall give bond to the Town for the faithful performance of the duties of the office in a form approved by the Commissioner of Revenue and in such a sum to be determined by the Select Board, provided the amount of the bond shall not be less than the amount set by the Commissioner.The bond must cover all funds of which the Town Treasurer has custody. A separate bond must similarly be furnished covering the Town Treasurer's duties as Town Collector.
Section 4. Appointment of Treasurer
The Town Treasurer & Collector of Taxes shall be appointed by the Town Manager in coordination with the Finance Director. If the Treasurer & Collector of Taxes is also being appointed as the Finance Director, the position shall be appointed by the Town Manager without consultation.
ARTICLE 5
COMPTROLLER
(ART. 18, ATM – 05/14/07)
Section 1. Duties
The Comptroller shall have in addition to the powers and duties conferred and imposed upon Town Accountants, by General Laws, the following powers and duties:A. Methods of Accounting They shall prescribe the methods of Accounting and forms to be used by the several departments of the town where in the collection or disbursement of money is concerned, so that such methods and forms shall conform to the requirements of the State Accounting System.
B. Standard Practices They shall establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the town, including clerical and office methods, records, reports and procedures as they relate to accounting matters.
They shall prepare and issue rules and regulations and instructions relating thereto that shall be binding upon all town agencies and employees.
C. Warrants for Payment The Comptroller shall draw all warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the several appropriations and other accounts.
D. Verification of Warrants Prior to submitting any warrants to the Town Manager, the Comptroller shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby.
In connection with any such examination, the Comptroller may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered or received by any town officer or agency.
If, upon examination, it appears to the Comptroller that such bills, drafts or orders are fraudulent, unlawful or excessive, the Comptroller shall file with the Select Board and the Town Treasurer a written report of the reasons for the Comptroller’s findings.
E. Custody of Vouchers The Comptroller shall have custody of all vouchers which have been entered on warrants for payments and approved by the Town Manager and Comptroller. Said vouchers are to be available for inspection by the Town Treasurer at all times.
F. Balance Sheets The Comptroller shall submit a monthly Balance Sheet and an annual Balance Sheet with detailed statements of Cash Receipts and Cash Disbursements at the end of each fiscal year to the Select Board and the Department of Revenue for certification of the Town's Free Cash. Said financial statements shall conform to the requirements of the State System of Accounting and may be audited as directed by the Select Board.
G. Annual Audit and Regular Reports
(ART. 12, ATM – 4/24/95)
The Comptroller shall be responsible for coordination of the Annual Town Audit. The Comptroller shall provide the Select Board, Town Manager, Town Treasurer and Chairperson of the Finance Committee with a quarterly report of revenues and expenditures. Each month the Comptroller shall provide said officials with a report comparing actual with estimated revenues. Whenever applicable, the Comptroller shall make recommendations regarding the Town's financial condition that the Comptroller deems appropriate.
Section 2. Written Purchase Orders
(ART 22, ATM – 04/27/88)No head of a department, board or committee authorized to spend money shall make purchases of supplies or materials or contract to render services to the Town without issuing a written purchase order on prescribed forms for all such supplies or materials or services to be rendered; provided, however, that the provisions of this section shall not apply to the salaries or wages of part time or regularly employed officers, clerks and wage earners of any department of the Town.
All purchase orders shall be in triplicate; one to be designated for the Vendor; one to be designated for and delivered to the Comptroller; and one to be designated for the files of the department issuing the order. The order designated for the Vendor, before being transmitted to the Vendor shall be submitted to the Comptroller to be certified by the Comptroller that there is sufficient unencumbered balance of the appropriation to be charged to liquidate the amount of the order, provided, however, that verbal orders for supplies or materials or services to be rendered may be issued for an amount not to exceed five hundred dollars. All verbal orders shall be confirmed in writing on the prescribed purchase order forms on the day the orders are given and transmitted immediately to the Comptroller for certification.
ARTICLE 6
CLASSIFICATION AND COMPENSATION PLANS AND HUMAN RESOURCE BY LAW
(ART. 12, ATM – 04/30/12)(ART. 5, STM – 12/05/18)Section 1. The Classification Plan
The official classification plan shall consist of class titles appearing inSchedule A which is made a part hereof, together with class definitions which are on file with the Human Resource Director (for purposes of this article ‘Director”) of the Town.
Section 2. The Compensation Plan
The official compensation plan which appears in Schedule B shall consist of salary ranges which provide minimum and maximum rates together with intermediate step rates of single salary rates for each full time position class in the Classification Plan. The Compensation Plan shall include compensation grades to which position classes are allocated inSchedule A.
Section 3. Amendment of the Plans
(ART 32, ATM – 05/01/89) (ART. 19, ATM – 04/29/96)The classification and compensation plans have been established pursuant to the authority contained in Section 108C of Chapter 41 of the General Laws. Either plan may be amended in the manner provided in this statute and the by laws of the Town. Rates appearing in the compensation plan may be established or changed by vote of the Town at a Town Meeting, or as provided by law, whichever is applicable. Requests to the Director of the Town for any amendment to this By Law at any Annual Town Meeting shall be made in writing and shall be received by the Director on or before September 10th of the year preceding such Annual Town Meeting.
The Director shall communicate their decision regarding the request to the party submitting the request no later than November 1st. An employee may appeal any reclassification determination of the Director to the Human Resource Board which shall review said request and either uphold or overrule the Director's determination after consultation with the Director.
The Classification Plan shall be amended accordingly to reflect the determination of the Human Resource Board in the event it overrules the determination of the Director.
In like manner, the initial determination of the Director, if favorable to the employee, shall cause an amendment to the Classification Plan to be made accordingly. Notwithstanding the foregoing, no amendment shall become effective until the Town Meeting appropriates funds to fund same. The Director shall submit an individual request within an article for an appropriation for each reclassification to the Town Meeting to fund each reclassification approved by the Director as well as those approved on appeal to the Human Resource Board.
Town Meeting may not act favorably on Articles submitted on behalf of employees aggrieved by the determination of the Human Resource Board. No employee may request reclassification of the same position in consecutive years.
Section 4. Human Resource Board
(ART. 32, ATM – 05/01/89)There shall be a Human Resource Board consisting of three members who shall be appointed by the Town Manager. The initial appointments thereto shall be for a one, two and three year term respectively. Thereafter each term shall be for a period of three years. Members shall serve without compensation and shall serve until their successors are appointed.
Section 5. Class Definitions
The Director shall prepare and may amend, from time to time, written definitions of the classes in the classification plan, each consisting of a statement describing the essential nature of the work characteristic of positions in the class that distinguish such positions from positions of other classes, with such examples as may be deemed appropriate.Section 6. Interpretation of Class Definitions
The definitions of the classes shall be interpreted as descriptive only and not restrictive. The definition for any class shall be construed solely as a means of identifying positions classified under the appropriate class, title, and not as prescribing what the duties or responsibilities of any position of the class shall be, or as modifying or in any way affecting the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of, any employee under the jurisdiction of such authority.Section 7. Records and Requisitions
The Director shall keep such records of all employees of the Town, including the name, age, date of employment, classification of position occupied, department in which employed, nature of duties and other information as they deem desirable.All requisitions for persons to fill positions or perform duties classified under the Civil Service Law, all requests for transfers, increases in salary, changes in rating, or other requests made to the Director of Civil Service or the Department of Civil Service, shall be processed through the Director.
Similarly, all such personnel actions relating to positions which are not subject to Civil Service Law, but which are subject to the classification and compensation plans, shall be processed by the Director.
Section 8. Allocation of Positions to Classes
The Director shall classify each position subject to the provisions of this by law in accordance with the classification plan.Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position of a different classification is substituted for the old position, the Director shall, in the same manner, classify such new or changed position.
In the event the Director determines that a new or changed position requires the establishment of a position class not included in the classification plan, they may authorize temporarily the necessary new classification subject to ratification at the next succeeding Special or Annual Town Meeting.
The Director shall have the authority to reclassify a position if the Director finds that such action is warranted by reason of error in the classification then in effect.
The Director shall afford reasonable opportunity to be heard to any employee or appointing authority affected by any classification or reclassification, upon written request therefor.
Section 9. Allocation of Positions in the Town Clerk’s Office
A. Power of Clerk and Treasurer/Collector(ART. 28, STM – 05/15/95) (ART. 5, STM – 12/05/18)
The Town Clerk , as an independent authority, may reorganize, consolidate, or otherwise establish new positions in their department without prior Town Meeting approval subject to available funds and the requirements of collective bargaining contracts and laws relating to same. Said authority may appoint persons to fill such new positions so created on a temporary basis.
B. Role of Director Before taking any of the aforementioned contemplated actions, the Clerk shall notify in writing the Director specifying the reasons therefore which notice shall not be dated earlier than December 1 of any calendar year.
The Director will consult with and assist the Clerk in the contemplated action except when the Director disagrees with the contemplated action in which event the Director will so advise the Clerk as to the reasons therefore not later than 21 days after receipt of the Clerk’s notice of contemplated action unless said date is mutually extended.
If the Director agrees with the contemplated action, then the Director will so advise the Clerk in writing and the contemplated action shall become effective immediately.
If the Director disagrees with the contemplated action then the Director will so advise the Clerk in writing of the reasons therefore. In such event the Director shall take immediate steps to convene a meeting of the Human Resource Board established under Section 4 of Title I, Article 6 of the bylaws. Said Board shall consider presentations of the Director and the Clerk and will make a written recommendation regarding the contemplated action.
The Human Resource Board shall convene not later than 14 days after disapproval by the Director of the contemplated action and render its advisory opinion within seven days of its consideration thereof. In any event the contemplated action may be implemented by the Clerk at any time after the expiration of thirty days from the date of the Director's written disapproval of same notwithstanding any contrary recommendation of the Human Resource Board or its failure to timely meet to consider same.
C. Approval by Town Meeting Any action on consolidation, reorganization, abolition of position, and the filling of positions associated therewith shall not become permanently effective until approved by the next occurring annual Town Meeting. Any new positions created shall not be placed into the Classification Plan unless so voted by the Town by amendment to the Classification Plan as established by Title I, Article 6 of the bylaws.
Disapproval by the Town Meeting of the action of the Clerk shall reestablish the status quo in said department prior to the action of the Clerk having been taken.
Section 10. Titles of Positions
No person shall be appointed, employed or paid as an employee in any position subject to the provisions of this by law under any title other than that set forth in the classification plan for the position which they occupy.The title of each class shall be the official title of every position classified thereunder for all purposes having to do with the position as such, and shall be used to designate the position on all payrolls, budget estimates and official records and reports, and in every other connection involving personnel and fiscal processes, but any abbreviation or code symbol approved by the Director may be used in lieu of the title to designate the class of a position in any such connection.
Section 11. Appropriation to Cover Changes in Pay Plan
A Town Meeting vote which authorizes any change in rates from those which appear in either Schedule A or Schedule B under Sections 1 and 2 of this article (Title I, Article 6) shall include the appropriation of funds required to finance the change.Section 12. Vacation Leave
A. Leave with Pay Vacation leave with pay shall be granted to all regularly employed personnel, subject to the classification and compensation plans. These employees are provided opportunity to accrue vacation leave in order that they may have periods of rest and relaxation from their job for health and well being, consistent with work load and staffing requirements of their department. Employees are encouraged to request vacation leave in blocks of time sufficient to ensure rest and relaxation. An employee shall be considered regularly employed and eligible for vacation if they worked six months for the Town in a position included in the Classification and Compensation Plan.B. Accrual Rates
(ART. 38, ATM – 06/19/00)
1. Vacation leave credits are not accumulated and cannot be used during the first six (6) months of employment.
2. All regularly employed personnel shall be credited with five (5) days of vacation leave upon completion of their first six (6) months of service as long as these employees do not receive more vacation leave in their first year of employment than granted in number three below.
3. All regularly employed personnel with more than six (6) months but fewer than five (5) years of service shall receive twelve (12) days of vacation leave.
4. All regularly employed personnel with five (5) years but fewer than ten (10) years of service shall receive eighteen (18) days of vacation leave.
5. All regularly employed personnel with ten (10) years but fewer than twenty five (25) years of service shall receive twenty-four (24) days vacation leave.
6. All regularly employed personnel with twenty five (25) years or more of service shall receive thirty (30) days of vacation leave.
7. Vacation accrual rates for employees covered by a collective bargaining agreement are governed by their applicable contract.
C. Effective Date (ART. 19, ATM – 4/30/12)
Vacation leave will be granted to all eligible Town employees, according to their accrual rates, on January 1 of each year. For School Department employees, vacation leave will be granted to eligible employees, according to their accrual rates, either on July 1 or September 1 of each year.
D. Scheduling The scheduling of vacation periods with pay shall be arranged and approved prior to use by the Department Head for such time or times as best serve the public interest and department efficiency.
In case of conflict in scheduling vacation time, preference will be given based on seniority or other provisions established by the Department Head.
E. Limits on Accumulation (ART. 51, ATM – 05/05/10)
(ART. 19, ATM – 4/30/12)
Vacation leave may not be accumulated from one vacation year to another, except when in the opinion of the appointing authority, it is impossible or impractical to use because of work schedules or other emergencies to do otherwise.
(1) Requests for such carryover by Town employees must be submitted to the appropriate authority before the end of the calendar year in which the vacation leave was granted, provided that all carryover vacation shall be used by the following April 30th.
Notwithstanding the previous sentence, all Town employees who have been granted carryover vacation days on December 31, 2009, shall be allowed to carry over two thirds of that amount on December 31, 2010, and one third of that amount on December 31, 2011. All vacation days carried over under the previous sentence shall be utilized by December 31, 2012, and the previous allowance shall cease to have effect on that date.
(2) In the School Department, requests for carryover must be submitted to the Superintendent before the end of the employee’s vacation year. All carryover vacation shall be used by the end of the four months following the conclusion of the employee’s work year. Notwithstanding the previous sentence, all School Department employees who have been granted vacation days on December 31, 2009, shall be allowed to carry over two thirds of that amount at the commencement of their work year in 2011 and one third of that amount at the commencement of their work year in 2012. All vacation days carried over under the previous sentence shall be utilized by the commencement of the 2013 work year.
F. Coordination with Absences Absences on account of sickness in excess of those authorized or for personal reasons not provided for under leave regulations may, at the discretion of the Department Head, be charged to vacation leave.
G. No Loss of Benefits Whenever employment is terminated by dismissal through no fault or delinquency of an employee's part, or by resignation, retirement or death, without their having been granted a vacation to which they are entitled, they, or in the case of their death, their estate shall be paid vacation pay at the regular rate of compensation at which it was earned payable to them at termination of employment.
H. Holidays If a holiday falls within the vacation period, it shall not count as part of the vacation allowance.
I. Part Time Employees Regular part time employees accrue and earn vacation leave on a pro rated basis according to the differences between their regularly scheduled work week and the normal work week.
J. No Advances Vacation leave credits shall not be advanced for use prior to their being earned.
All of the above to be effective for non union and M Schedule employees and to become effective for all union employees upon ratification by the respective bargaining units.
Section 13. Sick Leave
A. Qualification Regularly employed personnel subject to the classification and pay plans must complete six months of service before qualifying for sick leave, at the end of which time seven and one half days credit will be allowed.B. Limitation Earned sick leave with pay will be limited to one and one quarter days per month, not to exceed fifteen days per year, and will be credited on the first day of each month. Sick leave credit will begin on the first day of the month following employment except as otherwise provided in Sub section A. Employees having an aggregate of more than two days of authorized leave without pay in any calendar month shall not receive sick leave credit for that month.
C. Accumulation
(ART. 16, ATM – 04/24/06)
There shall be payment of accumulated sick leave upon the employee’s death, retirement, or leaving the employment of the Town. When a person leaves the employment of the Town, this employee, or in the case of death the employee’s estate, shall be paid twenty-five percent (25%) of the employee’s rate of pay for any and all unused and accumulated sick leave. Any employee hired after July 1, 1997, will have sick leave buy back limited to 150 days. No sick leave credit for prior employment will be allowed employees rehired or reinstated after a termination of service other than approved leave of absence.
D. Definition of Incapacity Sick leave with pay shall be granted to employees only when they are incapacitated for the performance of their duties by sickness, injury or quarantine by health authorities.
E. Commencement Sick leave will commence on the day notification of the illness is given by the employee, the employee’s family, or the employee’s physician. Such notification shall be given within one hour of the regular appointed starting time.
F. Evidence of Incapacity For absence on account of sickness, the department head or the appointing authority may require evidence in the form of a physician's certificate for the necessity for absence, such certificate to give the nature of illness and the expected duration. If such certificate is not filed after request therefor, such absence may be applied, at the discretion of the department head, to vacation leave or leave without pay.
The department head shall require such certificate at the end of two weeks of illness and subsequent certificates may be required at the discretion of the department head or the appointing authority.
G. Attendance Record (ART. 12, ATM – 4/30/12)
Every department of the Town shall keep a uniform attendance record on such form as approved and audited by the Comptroller for each employee showing sick leave both accrued and granted. The information on such record shall be transmitted by the head of the department to the Personnel Board upon request.
H. Part Time Employees Part time employees whose hours of work follow a regular schedule will be allowed such proportion of sick leave credit as their actual part time service bears to full time service.
I. Coordination with Workers' Compensation Employees injured on the job and receiving Workmen's Compensation may, upon request, be granted such sick leave allowance payment as will when added to the amount of Workmen's Compensation, results in the payment to them of their full salary, provided they have such sick leave credit.
J. Discretionary Extensions Discretionary sick leave not exceeding fifteen days may be granted by the appointing authority provided all accumulated sick leave and vacation leaves have been exhausted, and shall be charged against future sick leave credit, provided further that in connection with employees with at least twenty years of service with the Town and in the event of extenuating circumstances as determined by the appointing authority, additional sick leave not to exceed 150 days may be granted, which shall be similarly charged to future sick leave credit.
Section 14. Other Absences
A. Bereavement(ART. 38, ATM –06/19/00)
An absence with pay, to the extent necessary but not to exceed five days, shall be granted in case of death of immediate member of an employee's family. Immediate family means spouse, child, father, mother, sister, brother, or grandparents. An absence with pay of one day shall be granted in case of death of an employee's in-laws or grandparents of spouse.
B. Military Service Any permanent employee of the Town called for an annual tour of duty with the armed forces shall be paid their usual salary for a period not exceeding two calendar weeks and shall be entitled to the same leaves of absence or vacation with pay given to other like employees.
C. Jury Duty A regular employee called up for jury duty shall be paid an amount to bring their salary up to their usual rate of pay. Notice of service shall be filed with the department head upon the receipt of a summons.
D. Veteran's Conventions Leave of absence with pay may be granted by the appointing authority to permanent employees who are authorized delegates to state or national conventions of the following veterans' organizations: American Legion, AMVETS of World War II, Disabled American Veterans, Legion of Valor, Marine Corps League, Military Order of the Purple Heart and Veterans of Foreign Wars.
E. Union Conventions Leave of absence with pay may be granted by the appointing authority to permanent employees who are authorized delegates of recognized employee organizations for the purpose of attending annual state conventions of their parent AFL CIO or independent organizations. However, if said employees' regular compensation is paid by the employee organization, then such leave of absence as may be granted by the appointing authority shall be without pay.
F. Maternity Maternity leave of absence without pay shall be permitted in accordance with the provisions of Section 105D of Chapter 149 of the General Laws of the Commonwealth.
A physician's certificate shall be submitted to the employee's department head before the employee returns to work following a maternity leave of absence.
G. Medical Examination The appointing authority at any time may require a physical and/or a psychiatric examination of an employee to determine said employee's fitness for regular full time duty. Said examination to be performed by a physician or a psychiatrist selected by the appointing authority and at the expense of the Town.
Section 15. Personal Leave
A. One Day per Year as of Right A personal leave of absence of one day with pay shall be granted to all full time employees of the Town on January 1 of each year, said personal leave to be in addition to any sick leave or vacation leave to which the employee is entitled and time of allowance of said leave to be at the discretion of the department head after receiving reasonable notice from the employee. Said personal day cannot be used during the first six (6) months of employment.B. Personal days for Good Sick Leave Record
(ART. 86, ATM – 06/16/97)
1. Employees who do not use sick leave shall be granted personal leave without loss of pay up to five (5) days per calendar year in accordance with the following:
Employees who do not report out sick from January 1 to March 31, shall receive one (1) additional day. Employees who do not report out sick from April 1 to June 30, shall receive one (1) additional personal day. Employees who do not report out sick from July 1 to September 30, shall receive one (1) additional
personal day. Employees who do not report out sick from October 1 to December 31, shall receive one (1) additional personal day.
In addition to the foregoing, those employees who do not report out sick more than four (4) days during the calendar year shall receive one (1) additional personal day.
2. Personal day earned for good sick leave record may not be accumulated beyond one year from the day of its being credited.
Employees while receiving workers’ compensation shall not be eligible for personal days under this program.
Section 16. Holidays
(ART. 44, ATM –06/16/97) (ART. 17, ATM – 05/30/07) (ART 12, 13 ATM – 4/26/21)
In order to qualify for holiday credit, a regular employee shall have worked on the last regularly scheduled work day prior to, and the next regularly scheduled work day following such holiday, unless it is an absence for which compensation is payable as provided under this by law.
The following days in each year shall be considered as holiday credits:
New Year's Day
Martin Luther King Day
Washington's Birthday
Patriot's Day
Memorial Day
Juneteenth Independence Day
Independence Day
Labor Day
Indigenous Peoples Day (known as the state and federal holiday "Columbus Day")
Veterans' Day
Thanksgiving Day
Christmas
Christmas Eve Day if same Falls on a Monday through Friday
Whenever a holiday falls on Saturday, another working day off with pay shall be arranged at the discretion of the department head.
Good Friday shall be considered as half day holiday credit. The day following Thanksgiving shall be treated as a holiday unless an employee is scheduled to work same by the department head in which event the employee will be granted another day off at the discretion of the department head.
Section 17. Proposition 2 1/2 Cutbacks (ART. 12, ATM – 4/30/12)
DELETEDSection 18. Deferred Salary Increases
(ART. 44, ATM –06/20/84) (ART. 67, ATM – 06/21/93)Effective July 1, 1984 a deferred salary increase to any employee upon leaving the upon leaving the employment of the Town after July 1, 1984 (provided that the employee was employed by the Town on or before July 1, 1984); and that said deferred increase shall be granted on the date of separation so that the average salary of the employee's last three years will be equal to the average salary of the last three years as if an actual 5% salary and wage increase was granted on July 1, 1984. This provision shall be implemented and funded notwithstanding any existing or future position classification and pay plan and Section 19 of Title I Article 6 of the Town bylaws. Any amount necessary to fund this provision shall be taken from existing or future budgets.
Effective July 1, 1991 a deferred salary increase to any employee upon leaving the employment of the Town after July 1, 1993, (provided that the employee was employed by the Town on January 1, 1993) and that said deferred increase shall be granted on the date of separation so that the average salary of the employee's last three years will be equal to the average salary of the last three years as if an actual 2% salary and wage increase was granted on July 1, 1991, i.e. a six percent (6%) adjustment made to last paycheck if employee leaves after July 1, 1994.
Section 19. Merit Compensation Plan
Schedule M, Merit Compensation Plan (Special Town Meeting 4/28/75).Section 20. Personnel Department
Various personnel and personnel related functions may be consolidated in the Personnel Department for the purposes of efficiency and cost effectiveness.Nothing in the foregoing, however, shall be construed to derogate or diminish the statutory duties, powers and responsibilities of the Arlington Contributory Retirement Board as established by Chapter 32 of the General Laws.
Section 21. Benefits for Town Clerk
(ART. 24, STM – 11/17/93) (ART. 5, STM – 12/05/18)Notwithstanding the fact that the elected position of the Town Clerk is not included in the Classification and Compensation Plans, the Clerk shall be entitled to vacation leave and sick leave as provided in Title I, Article 6, Sections 12 and 13, respectively to the same extent as if said positions was so included.
It is the intention of the Town that any person having occupied the position of Town Clerk and Treasurer/Collector since the Annual Election in February of 1984 shall be entitled to the accumulation of sick leave as provided by Title I, Article 6, Section 13 retroactive to the date of their first having been elected to the position of Town Clerk and Treasurer/Collector respectively. All effected officials shall certify the number of days accrued to date to the Director and thereafter on a yearly basis.
Said elected officials shall likewise be entitled to all provisions of Section 14, 15, 16, 17, 18, 22A, and 22B, of this Article, as applicable, and the longevity benefit shall be the same as provided for positions in Schedule M of the Classification and Compensation Plan.
Section 22. Other Regulations
A. Lunch Period The lunch period shall not exceed one hour.B. Record of Payments All payments made for any absence, regardless of nature, will be so noted on the payroll and employee's attendance record. The department head shall be responsible for the accuracy of such record.
C. No Conflict Nothing in this By Law shall be construed to conflict with the General Laws of the Commonwealth of Massachusetts.
ARTICLE 7
FINANCE COMMITTEE
Section 1. Composition
The members of the Finance Committee shall be appointed for terms of three years each. In any year when the term of any member expires, their successor shall be appointed for a term of three years. The said terms shall expire on the seventh day after the final adjournment of the annual town meeting but the members shall respectively continue to act as such until their successors are appointed.Section 2. Absences
If any member of the Finance Committee is absent from three or more successive meetings, the other members of the committee may by the affirmative vote of each of a majority of its members request the Appointing Committee to remove such absenting member from their membership and the Appointing Committee may thereafter by a majority vote so remove such member and may notify them by mail of such removal.The Appointing Committee shall then promptly fill the vacancy so created by appointing a successor for the remainder of the term for which such member was appointed.
Section 3. Eligibility
(ART. 5, STM – 11/30/88) (ART. 15, ATM – 04/29/92)No person holding either elective or appointive town office other than Town Meeting membership and no town employee shall be eligible to serve on said committee. Provided however, that nothing herein shall prohibit a member of said committee from serving on another committee, board or commission when such service is required by a provision of the Bylaws or a vote of the Town Meeting.
Section 4. Duties
The committee shall consider all articles contained in any warrant except articles on zoning upon which the zoning by law requires a report to be made to the Town by the Planning Board and those articles which do not require or request an appropriation of money, which articles shall be considered and a report made to the Town by the Select Board.Said committee shall make recommendations, and shall report in print, if possible at or prior to each town meeting, but the omission of said committee so to consider, recommend and/or report shall not affect the validity of any vote or other action at any town meeting. The committee shall also make such general suggestions, criticisms and recommendations as it may deem expedient.
Nothing contained in this section shall preclude the Committee from considering, if it sees fit, articles which do not require or request an appropriation of money.
Section 5. Transfer of Funds
At the request of the Town Manager, Select Board, Board of Assessors, Treasurer, Comptroller, Clerk, or Retirement Board, the Finance Committee may by majority vote authorize a transfer of funds within a department budget between personal services, expenses, and capital outlay, notwithstanding the fact that a sum certain for said line items has previously been voted by Town Meeting, provided, however, that no such transfer shall be made to fund salary increases.The committee shall have authority to vote transfers from the reserve fund as provided in Section 6 of Chapter 40 of the General Laws as amended.
Section 6. Audit Power
The committee shall have power and authority to examine the books and records of any town board or official, so far as the same is permitted by law, and all boards and officers shall submit to the committee, at the same time they are submitted to the Town Accountant, copies of their estimates for the ensuing year in budget form.Section 7. Executive Secretary
The Finance Committee shall annually appoint a person who is not one of its members as executive secretary for the term of one year. The said Committee shall define the secretary’s duties and fix the secretary’s salary.Section 8. Officers and Vacancies
Except as herein otherwise provided, the committee shall have power to elect its own officers. All vacancies in the membership of said committee shall be filled by the Appointing Committee.
ARTICLE 8
DISPOSAL OF TOWN PROPERTY
(ART. 18, ATM - 04/26/17)A. Disposal of Material and Personal Property
No official or employee of the Town shall dispose of any material or other personal property belonging to the Town without permission being granted by a vote of the Town, subject to the following exception.
Any department, board, or committee of the Town may sell or otherwise dispose of scrap material or other discarded personal property belonging to the Town which is within the jurisdiction or control of such department, board, or committee, provided such department, board, or committee in its sound discretion first determines that a just and reasonable value for such property does not exceed $500.
B. Disposal of Real Property and Related Interests
In addition to other applicable state law requirements, the Town must determine the value of any recorded real property interest, including leases, mortgages, preservation restrictions, easements, and/or profits a prendre before disposing of same whether by sale, abandonment, or other permanent disposal, by using procedures customarily accepted as valid by the appraising profession. The Town may hire an appraiser, but it is not required to do so.
The provisions of this subsection shall be construed to apply even to those recorded property interests or instruments which do not require appraisal under state law.
ARTICLE 9
COMMUNITY ANTENNA TELEVISION
Section 1. Definitions
The following terms shall, for the purpose of this section, have the following meanings, unless the context otherwise requires:"Person" shall include a natural person and every form of organization incorporated or unincorporated, except the Town of Arlington.
"Community antenna television system" or "CATV system" a facility which receives and amplifies the signals broadcast by one or more television stations and redistributes such signals to subscribing members of the public for a fixed or periodic fee, employing wires or cables passing along, over, under, across and upon streets, ways, lanes, alleys, parkways, bridges, highways and other public places, including property over which the town has an easement or right-of-way; it includes facilities which in addition to providing such reception, amplification and redistribution, are also used to originate and distribute program material and transmit any other intelligence by electronic impulses to such subscribers.
"Permit" shall mean any license, franchise, or other form of permission granted, for the establishment of CATV system.
Section 2. Town Authorized to Establish CATV System
Notwithstanding the foregoing, the town, acting by and through the Select Board, under the authority of Section 6 or Article LXXXIX of the Amendments to the Constitution of the Commonwealth, is hereby authorized to establish and maintain a CATV system. The Select Board may contract for or employ such persons as it deems necessary to establish, manage, operate or maintain the whole or any part of a CATV system, and to compensate persons for any services rendered or property delivered, provided that such compensation remains subject to appropriation by the town meeting and any borrowing remains subject to the laws relating thereto; and further provided that ownership of the assets shall not be alienated.Section 3. Purpose and Severability
The purpose of this section is to preserve and promote the peace, good order, safety, health, convenience and general welfare of the town. If any part thereof is held invalid, such invalidation shall not affect any other part.
ARTICLE 10
CIVIL DEFENSE
Section 1. Department of Civil Defense
There is hereby established a department of civil defense (hereinafter called the "department"). It shall be the function of the department to have charge of civil defense as defined in Section 1, Chapter 639, Acts of 1950 and to perform civil defense functions as authorized or directed by said chapter or by any and all executive orders or general regulations promulgated thereunder, and to exercise any authority delegated to it by the governor under said Chapter 639.Section 2. Director of Civil Defense
The department shall be under the director of a director of civil defense (hereinafter called the 'director') who shall be appointed as prescribed by law. The director shall have direct responsibility for the organization, administration and operation of the department, subject to the direction and control of the appointing authority, and shall receive such salary as may be fixed from time to time by the appointing authority. The director, may, within the limits of the amount appropriated therefor, appoint such experts, clerks and other assistants as the work of the department may require and may remove them, and may make such expenditures as may be necessary to execute effectively the purposes of Chapter 639, Acts of 1950. The director shall also have authority to appoint district coordinators and may accept and may receive, on behalf of the town, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, offered by the federal government or any agency or officer thereof or any person, firm or corporation, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans.Section 3. Civil Defense Advisory Council
There is hereby established a civil defense advisory council (hereinafter called the "council"). Said counsel shall serve without pay and shall consist of the director of civil defense, such other department heads and such other persons as the authority appointing said director may deem necessary, Such member of said council as said appointing authority shall designate shall serve as chair of said council. Said council shall serve subject to the direction and control of the appointing authority and shall advise said appointing authority and the director on matters pertaining to civil defense.Section 4. Police Aid to other Cities and Towns in Event of Riots or other Violence Therein
The police department is hereby authorized to go to aid another city or town at the request of said city or town in the suppression of riots or other forms of violence therein.Section 5. Termination of By-Law
This By-Law shall remain in force during the effective period of Chapter 639, Acts of 1950 and any act in amendment or continuation or substitution therefor, or until repealed by a two-thirds vote of a representative town meeting duly called for such purpose.Section 6. Definition
All references to Chapter 639, Acts of 1950, as now in force, shall be applicable to any act or acts in amendment or continuation of or substitution for said Chapter 639.
ARTICLE 11
PARKING BENEFIT DISTRICT EXPENDITURES
(ART. 13, ATM – 04/30/12) (ART. 4, STM – 02/12/18)
A. Purpose and Definitions
The Purpose of this Article is to detail the Town of Arlington’s process for reviewing and endorsing expenditure requests for the operation of, and improvements to Parking Benefit Districts in Arlington as permitted by c. 40 §§ 22A and 22A ½.
For the purposes of this Article, “Parking Benefit Districts” shall be defined as set forth in G.L. c. 40 §22A ½.
The Parking Implementation and Governance Committee is a committee tasked with evaluating and making recommendations for parking and related administration and improvements in Arlington, including members of the Arlington business community.
B. Process for Review and Endorsement of Expenditures
1. Revenue Estimates. On or before February 1st of the current fiscal year, the Parking Implementation and Governance Committee, or other designee of the Select Board, shall provide a detailed estimate of the projected revenues and expenditures of each Parking Benefit District in Arlington for the ensuing fiscal year.
2. Operating Expenditures. All proposed operating expenditures for the ensuing fiscal year in each Parking Benefit District submitted by the Parking Implementation and Governance Committee or any other entity, shall be reviewed for report and recommended action or actions by the Finance Committee prior to submission for the endorsement of Town Meeting.
3. Capital Expenditures. All proposed capital expenditures for the ensuing fiscal year in each Parking Benefit District submitted by the Parking Implementation and Governance Committee or any other entity, shall be reviewed for report and recommended action or actions by the Capital Planning Committee prior to submission for the endorsement of Town Meeting.
4. Town Meeting Endorsement. Town Meeting shall have the opportunity for a non-binding vote to endorse the recommended action or actions of the Finance and/or Capital Planning Committees respectively relative to the expenditure of any Parking Benefits District revenue proposed by the Parking Implementation and Governance Committee, or any other entity.
C. Construction and Severability
At all times this by-law shall be interpreted in a manner consistent with G.L. c. 40 §§ 22A and 22A ½. Should any section, paragraph or part of this chapter be for any reason declared invalid or unconstitutional by any court of last resort, every other section, paragraph, or part shall continue in full force and effect.
ARTICLE 12
CONSOLIDATED INFORMATION TECHNOLOGY DEPARTMENT
(ART 18 – ATM, 05/14/07)Section 1. Consolidated Information Technology Department
The Town, pursuant to Section 23D of Chapter 41 of the General Laws hereby establishes a consolidated town-wide Information Systems and Technology Department, which will be under the general supervision of the Town Manager. The Director of the Information Systems and Technology shall be appointed by the Town Manager.The Director of Information Systems and Technology shall see to the day-to-day responsibilities of the department.
Section 2. Functions
The functions of the Information Systems and Technology Department shall be considered as falling into three broad categories:(i) Town and School hardware, networking, telecommunications and software infrastructure support;
(ii) Town and School Administrative Applications, Implementation, Training and Support; and (iii) School Academic Applications Implementation, Training and Support. The first two categories shall be under the management of the Town Manager, and the third category shall be under the management of the Superintendent of Schools.
ARTICLE 13
INDEMNIFICATION OF TOWN OFFICIALS FOR LEGAL EXPENSES
Section 1. Indemnification of Officials
(ART. 3, STM – 01/25/88)The Town shall indemnify all Town Officials from legal expenses incurred in the defense of any claim, action, award, compromise, settlement, or judgment in an amount not to exceed $100,000. if such official at the time of the act or omission to act that gave rise to such claim, action, award, compromise, settlement or judgment, was acting within the scope of their official duties or employment; provided that such official reasonably cooperates with the Town in the negotiation, investigation and defense of any claim or action brought as a result of such act or omission. No such official shall be indemnified under this section for violation of any civil rights, whether brought pursuant to any federal or state enactment, if they acted in a grossly negligent, willful, malicious, or intentional manner.
Section 2. Repayment of Expenses
It shall not be necessary for temporary indemnification for legal expenses that a final judicial adjudication be had that characterizes the nature of the conduct of the official sued. However, in the event that a court of final jurisdiction determines that said official's conduct constituted a violation of the civil rights of an individual and moreover that said violation was intentional, grossly negligent, willful, or malicious, said official shall be obligated to repay any legal expenses hereunder.Any official indemnified hereunder shall agree in writing to such repayment before money is made available to them hereunder.
Section 3. Legal Representation
The defense and settlement of any such claim shall be undertaken or negotiated by the Town Counsel or the Town Counsel’s designee, in which case no legal expense indemnification will be necessary. However, in the event that the Town Counsel determines that a conflict of interest has arisen or is likely to arise by the mutual defense of the Town and the official(s), the official(s) shall not be defended by the Town Counsel or the Town Counsel’s designee but may seek outside counsel for such defense.The expense born by the official for outside counsel shall be borne by the Town unless the Select Board, after consultation with the Town Counsel, shall deem said legal fees to be unreasonable in amount, in which event said legal fees shall be subject to the fee arbitration procedure of the Massachusetts Bar Association.
Section 4. Other Statutes
Nothing in the section shall be deemed to limit the effect of any indemnification statute applicable to the Town or its officials at the time of any such act or omission. This section shall apply to any settlement or judgment made in compliance with this section on or after the date this article becomes effective.Section 5. Legal Defense Fund
To effectuate the purpose of this By-law, the Town shall consider for appropriation at all subsequent Annual Town Meetings, and may at any Special Town Meeting, occurring after the effective date of this By-law, a fund to be named the Legal Defense Fund, and which shall be carried on the books of the Town as such. Any appropriation of any Town Meeting into this fund shall be carried forward on the books of the Town notwithstanding the expiration of any fiscal year. Expenditures from this fund shall be authorized by written approval of same by the Town Counsel.Section 6. Definition
For purposes of this By-law Town Official shall mean any Town employee and elected and appointed officials.
ARTICLE 14
RECYCLING PROGRAM
(ART. 69, ATM –04/30/90)Section 1. Curbside Collection
(ART. 28, ATM – 05/01/95)The Town shall establish a mandatory curbside collection program for recycling. Those items which are to be collected by the Town or its designee must first be segregated at curbside by the owner of such items.
The Town Manager shall from time to time establish a list of items for which segregation and collection will be made for recycling purposes.
Section 2. Yard Waste
(ART. 35, ATM – 05/01/91)Subject to the time periods hereinafter provided no leaves or yard waste shall be picked up by the Town unless they are secured in a biodegradable paper bag and/or container approved for such use by the Director of Public Works. Pick up of leaves and yard waste shall be limited to a time period in the Fall and Spring respectively as designated by the Director. Leaf pickup will commence in the Fall of 1991, and yard waste in the Spring of 1993.
Section 3. Recycling and Source Reduction in Town Facilities
(ART. 22, ATM – 04/28/99)The Town shall continually work to establish programs for the recycling of a variety of materials in Town buildings, schools and other facilities. In addition, all Arlington departments, including schools, shall take efforts to reduce the volume and toxicity of waste whenever practical.
Section 4. Purchase of Recycled Products
(ART. 22, ATM – 04/28/00)The Town of Arlington and the School Department, in pursuing their commitment to minimizing the Town’s environmental impact, shall purchase items consistent with applicable law that are environmentally preferable and made of recycled products whenever such products meet its quality and performance requirements, are available at reasonable prices and terms, and when adequate competition exists.
Examples of such recycled products may include, but are not limited to: office and janitorial paper products, office supplies, construction materials, paint, furnishings, refined oil, and retread tires.
A. Recycled paper purchases (“Buy Recycled” Program)
All Town Departments shall purchase copy paper and stationery which contain post-consumer recycled content that meets federal and state standards. The Town shall also make every effort to purchase other paper products that contain recycled content in accord with federal standards.
The Town shall ensure that all paper product materials procured by Town departments are printed on recycled paper which meets federal or state standards for post-consumer recycled content whenever practical. Town departments shall encourage all printing contractors to place the recycling symbol in all printed documents.
B. Tracking of Results
The Coordinator shall report annually to the Select Board and the Arlington Recycling Committee as to the Town’s purchases of recycled products and the on-going recycling programs.
Section 5. Recycling Coordinator
(ART. 22, ATM – 04/28/99)The Town Manager shall designate a Recycling Coordinator for the Town. The Coordinator shall be responsible for implementation of the Town’s curbside recyclables collection program, recycling programs in Town buildings, coordination of the “Buy Recycled” program in Arlington, and the continuing education of Town employees concerning recycling and source reduction practices. The Coordinator shall notify all Town Departments at least annually of the Town’s “Buy Recycled” policy.
Section 6. Discontinuation
Any or all of these programs may be discontinued if they are not cost effective. In making this determination for any program, the Town Manager is required to consider whether the costs of the program, reduced by the revenue derived from the sale of recycled material, if applicable, exceeds the costs of the pre-existing system. In the event that the Manager so finds that the program is not cost effective, the Town Manager shall so recommend to the Select Board in writing. Upon approval of said recommendation by the Select Board and with advice from the Recycling Committee, the program shall be discontinued. The Select Board shall report on the progress of this recycling program at the annual Town Meeting.Section 7. Additional Regulations
(ART. 35, ATM –05/01/91) (ART. 20, ATM – 04/30/07)The Board of Public Works may enact rules and regulations concerning
recycling consistent with the provisions hereof. The Rules and Regulations of the Board of Public Works are hereby incorporated by reference. Any violations thereof will be subject to the Noncriminal Disposition Procedure. The enforcing person shall be any police officer of the Town and any individual designated as such by the Director of Public Works.
Violations of the Rules and Regulations shall be punished by a fine of $20.00 each and every violation to be considered a separate offense.
ARTICLE 15
(ART. 19, ATM – 05/05/93; ART, 7 11/18/20)
All Town officials including, but not limited to the Select Board, Town Manager, School Committee, and Superintendent of Schools shall consider the Envision Arlington Statements of Community Values as delineated in Article 19 of the 1993 Annual Town Meeting, or as same is subsequently amended by any future town meeting, in establishing their respective policies and in performing their various public functions.
ARTICLE 16
CONSTRUCTION PROJECTS
(ART. 15, ATM –04/22/96) (ART. 17, ATM – 04/28/99)Section 1. Women Work Force Participation
Any Town board or official in charge of a construction or reconstruction project is required to include in the contract documents the following:A. The contractor shall maintain as a goal on this project a not less than five percent ratio of women work force to total project hours in both the general contract and each individual filed sub-bid contract, if applicable. The preceding sentence shall be included in all construction contracts whether entered into by the Town pursuant to the provisions of M.G.L. c.149 or M.G.L. c.30, sec. 39M et. seq. provided however, that if entered into under Chapter 30 same shall not be deemed to apply where the projected bid price as determined by the Director of Public Works is not likely to exceed $200,000.
B. A Labor Scheduling Table which will be used as a tool for achieving a range of women work force participation for the entire project in both the general contract and each individual filed sub-bid contract.
Section 2. Equal Opportunity Goal Compliance
(ART. 16, ATM – 04/24/96) (ART. 17, ATM – 04/28/99)Any Town board or official in charge of a construction or reconstruction project is required to include in the contract documents the following:
A. Before starting work, the contractors (includes the general contractor, for itself and its subcontractors, as well as all filed sub-bid contractors, if applicable) will submit plans for achievement of the equal opportunity goals of the contract. All contractors will be required to make a good faith effort to achieve these goals. The plan will indicate if the contractors expect to achieve the requirements during the first quarter. If there are reasons why the contractors do not expect to achieve the requirements during the first quarter year of the contract construction phase, then the contractors shall provide a plan calculated to address, to the extent reasonably possible, these obstacles to a good faith effort to achieve such goals.
B. Not more than ten days following the end of each work quarter, the contractors will report on the achievement of the goals, detailing the good faith efforts that have been made and will continue to be made and any other appropriate efforts not yet undertaken.
C. All reports will be signed by an officer or principal of the company who has the authority to contractually obligate the company.
Section 3. Recruitment and Training
(ART. 53, ATM – 05/19/97)Any board, officer, committee, or other agency of the Town, which acts on behalf of the Town in making or supervising any contract, in an amount exceeding the sum of 100,000 for the purchase of goods or services or for the construction, renovation, or repair of buildings or other improvement of real estate, may make arrangements with contractors and other interested agencies for special programs of recruitment and training in connection with the work to be performed on such contract, with the objective of promoting equal employment opportunity for members of minority groups protected by the fair employment laws of the Commonwealth and the United States. Any board, officer, committee or other Town agency may expend Town funds in carrying them out provided that appropriations specifically designed for such purposes have been voted by the Town Meeting.
Section 4. Leed
(ART. 32, ATM – 05/14/03)It is the intent of the Town to reduce the life-cycle operating costs and increase the environmental efficiency of Town buildings, by adopting the goal that all construction of new Town buildings and major renovations and additions to existing Town buildings meet or exceed a Silver Certification based on the most current criteria of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System promulgated by the United States Green Building Council, or comparable scoring system. The Town shall include a minimum of LEED Silver Certification, or equivalent level in comparable building scoring system, as a required element in requests for proposal or bids it issues soliciting architectural design services for construction, major renovation, and addition to its buildings, unless the Permanent Town Building Committee makes the finding that such certification is not in keeping with the use or purpose of the building or is otherwise inappropriate. No building project shall be deemed complete until LEED Silver Certification or greater, or equivalent, has been confirmed, unless the PTBC makes the finding that such certification is not in keeping with the use or purpose of the building or is otherwise inappropriate.
ARTICLE 17
FINANCIAL INFORMATION
(ART. 18, ATM – 05/03/00; ART. 9, ATM – 04/23/18)DELETED
ARTICLE 18
SUBMISSION OF MINUTES
(ART. 32, ATM – 05/09/01)All boards, committees and commissions, however established, shall submit copies of approved minutes of their meetings for inclusion in the Minutes file at the Robbins Library, within forty-five days of each meeting of such body. In addition, all boards, committees and commissions listed on the Town’s web site on the date of enactment of this bylaw, and all subsequent additions to said list, shall also submit approved minutes to the Town’s webmaster within the same forty-five day period. All boards, committees and commissions which do not meet between June and September, may file approved minutes of their June meetings within fifteen days of their first meetings in September.
That the Town Manager shall provide copies of approved minutes of the North East Solid Waste Committee to the Town’s web site and the Minutes file at the Robbins Library within forty-five days of said committee’s meetings.
ARTICLE 19
FUEL EFFICIENT VEHICLES
(ART. 22, ATM – 04/29/02)When the Town purchases motor vehicles for its municipal operations, each vehicle purchased must be the most fuel-efficient model available that will fulfill the intended municipal function; provided that the vehicle also meets other normal procurements criteria, including price and reliability. Nothing contained herein shall be construed to derogate from the authority and discretion of the procurement officer of the Town acting pursuant to the Uniform Procurement Law, Chapter 30B of the General Laws.
ARTICLE 20
NOTICE TO ABUTTERS
(ART. 27, ATM – 05/12/08)It shall be the responsibility of the Town Manager to notify all abutters and within the Manager’s discretion other residents and businesses in the neighborhood of any planned construction of Town owned buildings when such construction is likely to have a detrimental impact as to noise, traffic or other effects of such construction or reconstruction. The purpose of such notification will be to forewarn said residents and business in order that they may participate with Town officials on minimizing such detrimental impacts.
ARTICLE 21
MUNICIPAL CHARGES LIENS
(ART. 26, ATM – 05/06/2009), (ART. 23, ATM – 05/27/11)In accordance with Chapter 40, Section 58, of the General Laws, Municipal Charges Liens may be placed on real property located within the Town of Arlington related to the following Town charges:
a) parking-violation charges
b) motor-vehicle excise taxes
c) rental charges for town or school property and facilities
d) public-safety details
e) license, permit, and inspection fees f) charges assessed for snow and ice removal under Title III, Article 1, Sections 24, 25, and 26 of these Bylaws g) charges assessed for enforcement of Junk Car remediation under Title V, Article 2, Section 2 of these Bylaws; h) charges assessed for enforcement of Minimum Standards of Fitness for Human Habitation under the State Sanitation Code; i) charges assessed for removal of a “public health nuisance” defined by G.L. c. 111 sec. 125; upon non-payment of any such charge by its due date and upon request to the Town Treasurer by the municipal board or officer empowered to issue the license, permit, or certificate or to render the service or to perform the work for which the charge is assessed.
ARTICLE 22
DEPARTMENTAL REVOLVING FUNDS
(ART. 30, ATM --- 05/08/2017)
Section 1. Purpose.
This by-law establishes and authorizes revolving funds for use by Town departments, boards, committees, agencies or officers in connection with the operation of programs or activities that generate fees, charges of other receipts to support all or some of the expenses of those programs or activities. These revolving funds are established under and governed by General Laws Chapter 44, § 53E½.Section 2. Expenditure Limitations.
A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this by-law without appropriation subject to the following limitations: A. Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund. B. No liability shall be incurred in excess of the available balance of the fund. C. The total amount spent during a fiscal year shall not exceed the amount authorized by Town Meeting on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the Town Manager and Finance Committee.Section 3. Interest
Interest earned on monies credited to a revolving fund established by this by-law shall be credited to the general fund.Section 4. Procedures and Reports.
Except as provided in General Laws Chapter 44, § 53E½ and this by-law, the laws, charter provisions, by-laws, rules, regulations, policies or procedures that govern the receipt and custody of Town monies and the expenditure and payment of Town funds shall apply to the use of a revolving fund established and authorized by this by-law.
The Town Comptroller shall include a statement on the collections credited to each fund, the encumbrances and expenditures charge to the fund and the balance available for expenditure in the regular report the Town Comptroller provides the department, board, committee, agency or officer on appropriations made for its use.
ARTICLE 23
DOMESTIC PARTNERSHIPS
(ART. 15, ATM – 04/26/21)
(ART. 11, ATM – 04/25/22)
Section 1. Purpose and Intent
The Town of Arlington (“Town”) recognizes the diverse composition of its citizenry and realizes that a perpetuation of the traditional meaning of “family” can exclude a segment of the Town’s population by: (1) depriving them of recognition and validation; and (2) denying them certain rights that should be afforded to persons who share their hearts, and lives. Recognizing its commitment to fair treatment of its citizens, the Town adopts this Bylaw that acknowledges domestic partnerships. People in committed relationships who meet the criteria established by the Town as constituting a domestic partnership are provided an opportunity by this Bylaw to register at the office of the Town Clerk, obtain a certificate attesting to their status, and share in certain rights and benefits conferred under this Bylaw.
Section 2. Definitions
A. “Domestic partnership” shall mean two or more persons who meet all of the following requirements and who register their domestic partnership in accordance with Title I, Article 23, Section 3.
(1) They have made a commitment of mutual support and caring for their domestic partners;
(2) They are at least eighteen (18) years of age;
(3) They are competent to enter into a contract; and
(4) They are not related by blood closer than would bar marriage in the Commonwealth of Massachusetts.
B. “Dependents” shall mean a child or step-child of any domestic partner.
C. “Basic living expenses” shall mean the cost of food, shelter, utilities and essential household goods. The individuals need not contribute equally to the cost of these expenses. Labor or services in kind shall be recognized as contributions to basic living expenses.
D. “Domestic Partner” shall mean a person who meets the requirements set forth in Title I, Article 23, Section 2(A) of this Bylaw and registers pursuant to Title I, Article 23, Section 3 of this Bylaw.
Section 3. Registration, Amendment and Termination
A. Registration
(1) Statement of Domestic Partnership
(a) Domestic partners who meet the requirements set forth in Title I, Article 23, Section 2(A) of this Bylaw may make an official record of their domestic partnership by completing, signing and submitting to the Town Clerk a statement of domestic partnership. Persons submitting a statement of domestic partnership must declare under penalty of perjury that they meet the requirements set forth in Title I, Article 23, Section 2(A) of this Bylaw.
(b) The domestic partnership statement shall be on a form prescribed by the Town Clerk, which form shall include, but shall not be limited to, the names of the domestic partners and the date on which they became each other's domestic partner and the names and dates of birth of any dependents of the domestic partnership.
(c) If any member of the prospective domestic partnership is married or in another domestic partnership, a notarized Affidavit of Consent is needed from all other current domestic partners or spouses.
B. Amendment
(1) To change and address, domestic partners may file a Domestic Partnership Amendment Form with the Town Clerk. The amendment shall be signed, under the pains and penalties of perjury, by all of the domestic partners whose addresses are changing.
(2) To add or remove dependents, domestic partners may file a Domestic Partnership Amendment Form with the Town Clerk. The amendment shall be signed, under the pains and penalties of perjury, by all of the domestic partners.
(3) To add domestic partners, the prospective domestic partners may file a Domestic Partnership Amendment Form with the Town Clerk. If any member of the prospective domestic partnership is married or in another domestic partnership, a notarized Affidavit of Consent is needed from all other current domestic partners or spouses in order to add additional partners to an already established domestic partnership. The amendment shall be signed, under the pains and penalties of perjury, by all of the current and new domestic partners.
C. Withdrawal and Termination
(1) Any member of a domestic partnership may withdraw from the domestic partnership by filing a withdrawal statement with the Town Clerk. Withdrawal from a domestic partnership shall become effective immediately when the withdrawal statement is filed with the Town Clerk. Any person filing a withdrawal statement must declare under the pains and penalties of perjury that they have withdrawn and that all other domestic partners have been notified of such withdrawal either personally or by mailing a copy of the withdrawal statement to the other domestic partner's last and usual address by certified mail.
(2) If only one or zero domestic partner(s) remain(s) after a withdrawal goes into effect, then the domestic partnership is considered terminated immediately. If there are two or more persons remaining in the domestic partnership after a withdrawal goes into effect, then the withdrawal does not terminate the domestic partnership as to the remaining persons in the domestic partnership.
(3) The death of a domestic partner functions as an automatic withdrawal from the domestic partnership as to that partner, but not as to the remaining persons in the domestic partnership. Such automatic withdrawal will be effective immediately.
Section 4. Town Clerk
A. The Town Clerk shall maintain records of the registration, amendment, withdrawal and termination of domestic partnerships as permanent records. The Town Clerk shall provide appropriate forms for a Statement of Domestic Partnership, for the registration of the Statement and for the amendment, withdrawal and termination of a domestic partnership.
B. The Town Clerk shall charge a fee for filing a domestic partnership equal to the fee charged to file a marriage license. Payment of the filing fee shall entitle the person filing the statement on behalf of the domestic partnership to receive one copy of the statement certified by the Town Clerk. The fee for additional certified copies of the statement, or for copies of amendment, withdrawal or termination statements, shall be the same fee charged for additional certified copies of a marriage license.
Section 5. Rights of Domestic Partners
Persons who have registered their domestic partnership with the Town Clerk pursuant to Title I, Article 23, Section 3 are entitled to the following rights:
A. Visitation at health-care facilities.
(1) A domestic partner shall have the same visitation rights as a spouse or parent of a patient at all health-care facilities operated and maintained by the Town, except to the extent that doing so would conflict with federal or state law. A dependent shall have the same visitation rights as a patient's child.
(2) The term "health care facilities" includes hospitals, convalescent facilities, mental health care facilities, nursing homes, and other short and long term care facilities operated and maintained by the Town.
B. Visitation at correctional facilities.
(1) A domestic partner shall have the same visitation rights at all correctional facilities operated and maintained by the Town as a spouse or parent of a person in custody, except to the extent that doing so would conflict with federal or state law. A dependent shall have the same visitation rights afforded to the child of a person in custody.
(2) The term "correctional facilities" includes, but is not limited to, holding cells, jails and juvenile correction centers operated and maintained by the Town.
C. Access to children's school records and personnel.
(1) A domestic partner who is also the custodial parent or legal guardian of a child may file a school authorization form at, or send a letter to, the child's school to indicate that the parent's domestic partner shall have access to the child's records, access to school personnel in matters concerning the child and access to the child, including the right to remove such child from the school for sickness or family emergency. The school shall afford such person access as directed by the child's existing parent or guardian, except to the extent that doing so would conflict with federal or state law.
(2) When a domestic partnership is withdrawn or terminated pursuant to Title I, Article 23, Section 3(C), it is the responsibility of the parent or guardian to notify the school, in writing, of the termination of rights of the former domestic partner.
(3) As used herein, the term "school" shall include facilities owned and operated by the Town and shall include, but shall not be limited to, high schools, vocational schools, junior high and middle schools, elementary schools, preschools and preschool programs, after-school programs and day-care programs.
Section 6. Employment Benefits
A. Town employees shall be granted bereavement leave, with pay, for the death of a domestic partner or family member of a domestic partner to the same extent as for a spouse or family member of a spouse. Use of the term "in-law" in employee handbooks shall include the relatives of a domestic partner.
B. Town employees shall be granted sick leave to care for a domestic partner to the same extent permitted to care for a spouse, and to care for a dependent of a domestic partnership to the same extent permitted to care for a child.
C. Town employees in domestic partnerships shall be entitled to take parental leave, as provided for under the Town’s by-laws, to the same extent as married employees.
Section 7. Interpretation and Limitation of Liability
A. It is the intention of this Bylaw that its provisions shall be enforceable to the maximum extent permitted by law.
B. Nothing contained in this chapter shall be construed to impose liability upon a domestic partner for the health or medical expenses of their domestic partner, with the sole exception of the medical insurance contributions assumed by a Town or School Department employee who is a member of a domestic partnership.
C. Nothing in this chapter shall be construed to create additional legal liabilities greater than those already existing under law or to create new private causes of action.
Section 8. Reciprocity
All rights, privileges and benefits shall be extended to domestic partnerships registered in other jurisdictions.
Section 9. Non-Discrimination
No person who seeks the benefit of this Bylaw, registers pursuant to its provisions, or assists another person in obtaining the benefits of this Bylaw shall be discriminated against in any way for doing so.
Section 10. Severability
The provisions of this Bylaw are severable. If any of its provisions are held invalid by the Attorney General, a court of competent jurisdiction or other reviewing authority, all other provisions shall continue in full force and effect.
ARTICLE 24
FUR PRODUCTS
(ART. 15, ATM – 4/24/24)
Section 1. Purpose and Intent
The Town of Arlington (“Town”) finds that animals that are slaughtered for their fur endure tremendous suffering. Animals raised on fur farms typically spend their entire lives in cramped and filthy cages. Fur farmers typically use the cheapest killing methods available, including suffocation, electrocution, gas, and poison. Considering the wide array of alternatives for fashion and apparel, the Town finds that the demand for fur products does not justify the unnecessary killing and cruel treatment of animals.
Further, fur farms are reservoirs and transmission vectors for dangerous zoonotic diseases, including SARS coronaviruses, that threaten public health, including in the Town of Arlington. In addition, the fur production process is energy intensive and has a significant environmental impact, including air and water pollution, and animals that are slaughtered for their fur endure tremendous suffering. Eliminating the sale of fur products in the Town of Arlington will decrease the demand for these cruel and environmentally harmful products and promote community health and wellbeing as well as animal welfare. The Town believes that eliminating the sale of fur products in the Town of Arlington will promote community awareness of animal welfare and, in turn, will foster a more humane environment in Arlington.
Section 2. Definitions
For purposes of this Article, the following words and phrases have the definitions set forth next to them:
A. “Fur”: Any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.
B. “Fur product”: Any article of clothing or covering for any part of the body, or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and décor, that is made in whole or part of fur. “Fur product” does not include any of the following:
i. A dog or cat fur product, as defined in Section 1308 of Title 19 of the United States Code;
ii. An animal skin or part thereof that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed;
iii. Cowhide with the hair attached thereto;
iv. Lambskin or sheepskin with the fleece attached thereto; or
v. The pelt or skin of any animal that is preserved through taxidermy or for the purpose of taxidermy.
vi. “Non-profit organization”: Any corporation that is organized under 26 U.S.C. Section 501(c)(3) that is created for charitable, religious, philanthropic, educational, or similar purposes.
C. “Retail transaction”: Any transfer of title of a fur product for consideration, made in the ordinary course of the seller’s business, to the purchaser for use other than resale or further processing or manufacturing.
D. “Taxidermy”: The practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in lifelike form.
E. “Ultimate consumer”: A person who buys for their own use, or for the use of another, but not for resale or trade.
F. “Used fur product”: Fur in any form that has been worn or used by an ultimate consumer.
Section 3. Prohibitions
It is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product in the Town of Arlington.Section 4. Exceptions
The prohibitions set forth in Section 3 of this Bylaw do not apply to the sale, offer for sale, displaying for sale, trade, or distribution of:A. A used fur product by a private party (excluding a retail transaction), non-profit organization or second-hand store, including a pawn shop;
B. A fur product required for use in the practice of a religion;
C. A fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized or state recognized Native American tribe; or
D. A fur product where the activity is expressly authorized by federal or state law.
Section 5. Penalty
In addition to any other remedy provided by law, this Article may be enforced by police officers and animal control officers through any means available in law or equity, including but not limited to noncriminal disposition in accordance with G.L. c. 40, § 21D. Any person violating this Bylaw shall be liable to the Town in the amount of $300. Each fur product and every day upon which any such violation shall occur shall constitute a separate offense.Section 6. Effective Date
This Bylaw shall take effect on October 1, 2024.