CHAPTER 2

                 TOWN GOVERNMENT OPERATION

 

Article 2.1 Salary Administration Plan

 

Article 2.2 Protection of Interest of the Town

 

Section 2.2.l  Annual Inventory                 

Section 2.2.2 Storage                       

Section 2.2.3 Sale of Materials to Town              

Section  2.2.4  Extra Compensation 
Section  2.2.5  Public Auction of Equipment 
Section  2.2.6  Bids for Supplies, Equipment and Services  
Section  2.2.7  Public Auction of Land                   

Article 2.3 Amendments to By Laws

 

Section  2.3.1 Repeal and Amendment                 

 

Article 2.4 Committees        

 

Section 2.4.1 Term of Appointment                

Section 2.4.2 Reappointment                    

Section 2.4.3 Staggering of Appointment

Section 2.4.4 Termination or Committee Membership 

Section 2.4.5 Executive Session Minutes

Article 2.5 Council on Aging       

 

Article 2.6 Burial Lots       

Section 2.6.l Care of Lots                

Section 2.6.2 Board of Investments                

Section 2.6.3 Income from Deposits                       

Section 2.6.4 Statement of Deposit          

 

Article 2.7 Annual Report

 

Section 2.7.1 Treasurer's Annual Report         

Section 2.7.2 Assessor's Annual Report         

Section 2.7.3 Town Clerk's Annual Report         

Article 2.8 Ambulance Vehicles

 

Section 2.8.1 Emergency Ambulance Vehicles         

 

Article 2.9 Due Date and Interest on Unpaid Bills

                         

Section 2.9.1 Due Date  

Section 2.9.2 Rate of Interest         

CHAPTER 2

          TOWN  GOVERNMENT  OPERATION

Article 2.1

The Salary Administration Plan

 [ The Salary Administration Plan is available under separate cover.]

Article 2.2 Protection of the Interest of the Town

Section 2.2.1

Annual Inventory.  The head of every department of the Town shall annually, in January, take an inventory
of all articles and property belonging to such department and shall file a list of these articles and property with
the Town Administrator. The Town Administrator shall annually take an inventory of all articles and property in
the Town offices, Town Hall and other buildings under his immediate jurisdiction and keep a copy thereof in his office.

NOTE: * Various changes amended by Article 21, 2002 ATM

Section 2.2.2

Storage.  All material, equipment of paraphernalia belonging to the Town, when not in use for construction or in active
service in some other place in Town, shall be kept in buildings or on property owned or leased by the Town; but
exemption from the foregoing requirements may be secured by the head of a department, by filing a statement of
facts with the Selectmen, setting forth reasons for making such exemption necessary for the welfare of the Town,
which statement shall be entered upon the Selectmen's records.

Section 2.2.3

Sale of Materials to Town.  No Town officer or no salaried employee of the Town shall sell materials, or supplies
to the Town without the permission of the Selectmen expressed in a vote which shall appear on their records with
a statement of the reasons therefor
e.

Section 2.2.4 

Extra Compensation.  No Town officer and no salaried employee of the Town shall receive any compensation
or commission for work done by him for the Town, except his official salary, without the permission of the
Selectmen,
expressed in a vote which shall appear on their records with a statement of the reasons therefor.

Section 2.2.5

Public Auction of Equipment.  The Selectmen may sell at public auction or by solicitation of sealed bids after
advertising any equipment belonging to any department in the Town providing that the department has no
further use for the same, and turn the money over to the Treasurer.  Items considered of no value by the
Selectmen, may be otherwise disposed of.

Section 2.2.6

Bids for Supplies, Equipment and Services.  No contract for the purchase of supplies, equipment, and services,
shall be awarded except in conformance with the provisions of Chapter 687 of the Acts of 1989, as from time
to time amended and supplemented. Copies of all requests for proposals, specifications, advertisements,
responses to requests for proposals, and awarded contracts
will be filed with the office of the Finance Director
who shall cause to be posted in the office of the Town Clerk the name and address of every person who is awarded
a contract pursuant to this section.

Section 2.2.7  

Public Auction of Land.  Any land owned by the Town and offered for sale shall be put up for sale at public
auction each year subject to the following conditions:
 

a.      Said land shall not be disposed of with out prior approval by majority vote of the Board of Selectmen,
Conservation Commission and Planning Board in joint session.

b.      The sale shall be advertised by posting of notice thereof in each of the post offices of the Town and in
the Town Hall at least thirty (30) days in advance of such sale, and by publication of such notice in advance
thereof in a newspaper of local circulation for two successive weeks.

c.       All notices and advertisements of a sale under this by‑law shall contain an adequate description of each
parcel of land to be sold. In addition to the reference to a recorded deed there shall be a brief description for
each parcel together with its approximate area.

d.      For the purposes of this Bylaw, the term “land” shall include any interest in real estate owned by the
Town, including but not limited to a condominium or similar unit of individual ownership in a multi-unit structure,
including all rights appurtenant thereto.

NOTE: * Various changes amended by Article 23, 2002 ATM

Section 2.2.8

Inspection of Records.  Each head of a department, board or standing committee and every person having custody
of any public records of the Town of Bourne shall, at reasonable times, permit them to be inspected and examined
by any person, under his supervision, and shall furnish copies thereof on payment of a reasonable fee, as provided
by Massachusetts General Laws, Chapter 66, Section 10 (a), as amended and supplemented, or on payment of a
fee as may otherwise be specifically provided by law.

Section 2.2.9

Appointments.  All appointments to be made by the Board of Selectmen, and all appointments to be made by the
Moderator, shall be made within 45 days after the Annual Town Meeting.

NOTE: * Various changes amended by Article 21, 2002 ATM

Article 2.3 Amendments to By Laws

Section 2.3.1

Repeal and Amendment.  These bylaws may be repealed or amended at any Town meeting, as provided by the
General Laws. Notice of any such proposed repeal or amendment shall be given in the warrant calling said meeting.

Article 2.4 Committees

Section 2.4.1

Term of Appointment.  The  term  of appointment to any committee established or to be established by the Town
shall not be for a longer period than 3 years, except as otherwise provided in these by
laws or in the General Laws.

Section 2.4.2

Reappointment.   Appointive members may be reappointed after the expiration of their terms.

Section 2.4.3

Staggering of Appointments.  The term of appointment made to any committee after the adoption of this by law
shall be so arranged that the terms of all members of a committee do not expire in the same year.

Section 2.4.4

Termination of Committee Membership.  Any member of any committee, board or commission absenting himself
from four (4) consecutive meetings of the committee, board or commission without rendering any excuse acceptable
to the committee, board or commission shall thereby cease to be a member  thereof. Vacancies occurring in this or
in any other manner shall be reported to the proper appointing authority, and said authority shall appoint a member
to fill the unexpired term within a period of forty five (45) days from notification of the vacancy.

Section 2.4.5

Executive Session Minutes:  Minutes of Executive Sessions, upon approval of the committee having called the
executive session, shall be sealed in an envelope labeled with the name of the committee, date of the Executive
Session , and the general reason for calling the Executive Session.  Such sealed envelopes shall be promptly
filed with the Town Clerk, who shall keep the minutes sealed until such time as the committee provides written
notice to the Town Clerk that the purpose of the Executive Session has been resolved.  Upon receipt of such
notice, the Town Clerk shall unseal the minutes and shall add them to the public minutes of the committee. *

NOTE: * Various changes amended by Article 38, 2007 ATM

Article 2.5 Council on Aging

There shall be a Council on Aging in accordance with Chapter 40, Section 8B of the Massachusetts General Laws
consisting of 11 citizens of this Town appointed by the Selectmen for terms not to exceed 4 years for any member.
Said terms shall be staggered so that no more than three (3) appointments shall expire in any calendar year.
Members can be reappointed. The duties of said council shall be to:

1.      Identify the total needs of the community's elderly population.

2.      Educate the community and enlist support participation of all citizens concerning these needs.

3.      Design, promote and implement services to fill these needs and coordinate present existing
      services in the community.

4.      Promote and support programs designed to assist the elderly in the community. The Council on Aging
shall cooperate with the Massachusetts Department of Elder Affairs and shall be cognizant of all state and
federal legislation concerning funding, information exchange, and program planning which exist for better
community servicing for the elderly. Said Council on Aging shall submit an annual report to the Board of
Selectmen and a copy of said report to the Massachusetts Department of Elder Affairs.

Article 2.6 Burial Lots 

Section 2.6.1

Care of Lots. The treasurer may receive deposits in sums of not less than two hundred fifty dollars for the perpetual
care and preservation of such burial lots in cemeteries within the limits of the Town as the depositor may specify.

Section 2.6.2

Board of Investment.  The Treasurer and the Selectmen shall constitute a board for the investment of moneys
deposited for the care of burial lots in cemeteries in the Town.

Section 2.6.3

Income from Deposits.  The income from such deposits of such part as maybe necessary shall be applied under the
direction of the Treasurer with the approval of the Selectmen to the preservation and care of such burial lots as may
be designated by the depositor.

Section 2.6.4

Statements of Deposit.  The Treasurer shall include in his report a statement showing the names of the depositors,
the amounts received for the care of burial lots, the income there
from, the amount expended for said purpose and
the balance on hand, and such statement shall be printed in the annual report.

Article 2.7 Annual Report  

Section 2.7.1

Treasurer's Annual Report.  In his annual report, the Treasurer shall state the amount of the Town debt at the
end of the preceding fiscal year and the objects for which the debt of the Town was increased during such year,
and shall recite the vote under which the money was borrowed.

Section 2.7.2

Assessors' Annual Report.  The Assessors shall append to their annual report a table of the valuation including
real and personal properties; the rate of taxation; and the amount of money raised. 

Section 2.7.3

Town Clerk's Annual Report.  The report of the Town Clerk shall include a statement of the births, deaths
and marriages in the Town during the year.

Article 2.8 Ambulance Vehicles 

Section 2.8.1

Emergency Ambulance Vehicles.  The emergency ambulance vehicles shall be under the supervision of the
Fire Chief who shall be responsible for their care and maintenance. In case of an emergency requiring immediate
medical or surgical care, the Fire Chief, or his designee, shall direct, control, and make such vehicle available for
the transportation of ill, injured or disabled persons to the nearest hospital, if deemed advisable. Charges and fees
incurred by persons through the use of the ambulance and ancillary emergency services, shall be established and
approved by the Board of Selectmen in accordance with the applicable Medicare reimbursement fee schedule for
the Greater Boston Area, as same may be periodically adjusted and recommended by the Fire Chief,*

NOTE:   *Various changes by Article 20, 2004 May ATM.

Article 2.9 Due Date and Interest on Unpaid Bills and Charges.  

Section 2.9.1

Due Date.  Municipal Bills and charges, other than tax bills, shall be due and payable within thirty (30) days of mailing.

Section 2.9.2

Rate of Interest.  Unpaid bills and charges accrue interest at the rate of twelve (12%) per annum on the unpaid balance until paid in full.