Skip Navigation
Spacer
Town of Adams, Massachusetts

Image of Adams
This table is used for column layout.
On Our Site


Spacer

Search Our Site
 
 
2 - Administration
ARTICLE I. IN GENERAL.
ss 2-1. Appointment and duties of town accountant.
ss 2-2. Appointment and duties of inspector of gas piping and gas appliances.
ss 2-3. Annual reports of certain officers, boards, etc.
ss 2-4. Submission of proposed budget by boards and committees.
ss 2-5. Hours for Town Hall offices; time cards.
ARTICLE II. BOARD OF SELECTMEN.
ss 2-6. Execution of deeds, etc.
ss 2-7. Furnishing copies of town warrants.
ss 2-8. Proposal and enforcement of rules and regulations governing police.
ss 2-9. Reports of proceedings; publication of annual report.
ss 2-10. Licensing of taxicabs.
ss 2-11. Direction and management of town property and offices.
ss 2-12. Appearance before courts, etc., to protect interests of town.
ss 2-13. Authority to set curfew.
ss 2-14. Reports of school committee members to board.
ARTICLE III. TOWN MEETINGS.
ss 2-15. Election of town officers generally; hours polls kept open during elections.
ss 2-16. Publications of warrants.
ss 2-17. Reports of committees to be in writing.
ss 2-18. Submitting of motions.
ss 2-19. Reconsideration of motions.
ss 2-20. Dissolution or adjournment of meeting.
ARTICLE IV. TOWN MODERATOR.
ss 2-21. Election; term; to preside at town meetings; moderator pro tem.
ss 2-22. Duties generally.
ARTICLE V. TOWN CLERK
ss 2-23. Duties.
ss 2-24. Office hours.
ARTICLE VI. TOWN COUNSEL
ss 2-25. Appointment; term; compensation; removal; employment of special counsel.
ss 2-26. Holding of additional appointive or elective office of town.
ss 2-27. Duties generally.
ss 2-28. Annual report.
ARTICLE VII. TOWN TREASURER-COLLECTOR.
ss 2-29. Powers generally
ss 2-30. Annual report.
ARTICLE VIII. BOARD OF HEALTH.
ss 2-31. Created; composition; election and term of members.
ss 2-32. Annual report.
ARTICLE I. IN GENERAL.
Section 2-1. Appointment and duties of town accountant. 2 The board of selectmen shall appoint a town accountant in accordance with applicable provisions of the General Laws. He shall have and perform for the town all the duties prescribed by the statutes of the commonwealth for a town accountant. (Bylaws 1960, art. 13, ss 1.)
Section 2-2. Appointment and duties of inspector of gas piping and gas appliances. 3 The board of selectmen shall annually, in March, appoint an inspector of gas piping and gas appliances whose duties shall be the enforcement of the rules and regulations adopted by the 'Gas Fitting' board established in 1960 under section 12-H, chapter 25 of the General Laws. (8-3-61)
Section 2-3. Annual reports of certain officers, board, etc. 4 (a) Treasurer. In his annual report, which shall be printed in the annual town report, the town treasurer shall state specifically the objects for which the debt of the town was increased during the preceding year, recite the authority under which the money was borrowed and shall render a classified statement of all expenditures and receipts of the town, together with a statement of the town debt in such detail as to give a fair and full exhibit of the objects and methods of all expenditures. (b) Sealer of weights and measures. The sealer of weights and measures shall annually make a written report to the board of selectmen, on or before the 15th day of January in each year, to be printed in the annual town report, containing an account of his work, receipts and expenditures during the preceding year, together with such other information and recommendations which he may deem proper. (c) Board of assessors. The annual report of the board of assessors to the board of selectmen, for inclusion in the annual town report, shall be submitted on or before the 15th day of January, and shall have appended to it, a table of the valuation, real, personal and total, the rate of taxation, and the amount of money raised. (d) Planning board. The planning board shall annually make a written report, to the board of selectmen, on or before the 15th day of January, to be printed in the annual town report, containing an account of their work, for the preceding year and recommendations for the best interests of the town's future growth. (e) Library trustees. The trustees of the free public library shall submit to the board of selectmen, on or before the 15th day of January in each year, a detailed report of their doings and of the condition of the library, with such recommendations that they deem necessary, to be printed in the annual town report. (f) Park commission. The park commission shall submit to the board of selectmen, on or before the 15th day of January in each year, a detailed report of their doings, to be printed in the annual town report. (Bylaws 1960, arts. 9, 10, 16 to 19.) (g) Boards and committees. All boards and committees of the town, whether elected or appointed, shall make an annual written report to the board of selectmen, to be included in the annual town report, of their official doings of the preceding year, and shall include in such report their recommendations of the work to be done and an estimate of the cost thereof for the ensuing year in their several departments. Such reports are to be filed with the board of selectmen on or before the 15th day of January in each year. (Bylaws 1960, arts, 9, 10, 16 to 19; art. 5, ss 8.)
Section 2-4. Submission of proposed budget by boards and committees. All boards and committees of the town shall submit a proposed, detailed budget for the current year, in requested quantities, on prescribed forms provided by the board of selectmen, on or before December 15 in each year, unless otherwise provided for by statute, to the board of selectmen. (Bylaws 1960, art. 5, ss 8.)
Section 2-5. Hours for Town Hall offices; time cards. (a) All full-time town departments in the Town Hall, namely, the Board of Selectmen's office, Town Administrator's office, Town Accountant's office, Town Treasurer-Collector's office, Community Development Director's office, Board of Assessors' office, Veterans Services Agent's office, Town Clerk's office, Director of Public Works office, and Board of Health office, shall hereinafter remain open continuously at a minimum, during a period set by a majority of the members of the Board of Selectmen. The lunch period, staggered or otherwise, shall not exceed one (1) hour. (5-28-1985, art. 49.)
ARTICLE II. BOARD OF SELECTMEN. 5
Section 2-6. Execution of deeds, etc. 6 (a) Whenever it shall be necessary to execute any deed conveying land, excluding burial lots and burial rights, such deed shall be executed by the board of selectmen in the name and behalf of the town, unless the town shall otherwise vote in any special case. (b) All conveyances of land or interest in land, which may hereafter be authorized by a vote of the town or otherwise, shall be signed by a majority of the board of selectmen, unless otherwise provided by law or vote of the town, and shall be sealed with the town seal. (Bylaws 1960, art. 5, ss 3, 6.)
Section 2-7. Furnishing copies of town warrants. The board of selectmen shall furnish, for the use of the voters, at each town meeting and at any adjournment thereof, printed copies of the warrant for the town meeting, with any recommendations suggested by the finance committee. In lieu of formal printing of such copies, the board of selectmen may use xerography or a similar method of reproduction that would produce legible pages; such copies to be in the hands of the town meeting members seven days, at least, before such meeting or any adjournment thereof. (Bylaws 1960, art. 5, ss 4, 12-18-72.)
Section 2-8. Proposal and enforcement of rules and regulations governing police. It shall be the duty of the board of selectmen to propose and enforce a set of rules and regulations for the governing of the police department in the guidance of the members thereof, not inconsistent with this Code. They shall have copies of the same printed for the use of the police department. (Bylaws 1960, art. 5, ss 3 to 5, 12-18-72.)
Section 2-9. Reports of proceedings; publication of annual report. The board of selectmen shall make a full and detailed annual report of their proceedings, relating to the municipal affairs of the town, and shall cause the reports of the treasurer, auditors, assessors, tax collector, school committee, board of health, library trustees, cemetery committee, superintendent of streets, planning board and park commission and such other reports of board or committees elected or appointed, as they may deem advisable, to be printed in a sufficient number of copies for the use of the various voters of the town. (Bylaws 1960, art. 5, ss 7.)
Section 2-10. Licensing of taxicabs. The board of selectmen is hereby authorized and empowered to impose such reasonable license fees and make such rules and regulations for the operation of taxicabs within the town and impose such penalties for the violation of such rules and regulations as they deem just and proper. (Bylaws 1960, art. 33.)
Section 2-11. Direction and management of town property and offices. The board of selectmen shall have the general direction and management of the property and offices of the town in all matters not otherwise provided for by law or this Code. (Bylaws 1960, art. 5, ss 1.)
Section 2-12. Appearance before courts, etc., to protect interests of town. The board of selectmen may appear, either personally or by the town counsel or by special counsel duly employed by them, before any court, committee of the legislature or any state or county board or commission or other tribunal to protect the interest of the town. (Bylaws 1960, art. 5, ss 2.)
Section 2-13. Authority to set curfew. The board of selectmen shall, whenever it is deemed necessary, set a curfew which will be enforced by the police officers of the town. (Bylaws 1960, art. 29; 10-3-72.)
Section 2-14. Reports of school committee members to board. It shall be the duty of the representatives of the town serving on the Regional School Committee to provide to the board of selectmen for inclusion in the town report, an annual report of their doings, to include all details of operation. (10-3-72.)
ARTICLE III. TOWN MEETINGS. 7
Section 2-15. Election of town officers generally, hours polls kept open during elections. The annual town meeting for the election of town officers shall be held on the first Monday in May of each year. The hours for the opening and the closing of such meeting shall be so designated by the board of selectmen, but in no instance shall the polls for the election of town officers remain open for a period of less than twelve consecutive hours. For all other elections, national, state or otherwise, the same hours as town elections shall prevail, unless otherwise covered by statute. (Bylaws 1960, art. 2, ss 1; 9-30-74.)
Section 2-16. Publication of warrants. 8 Every warrant for a town meeting or special town meeting shall be served by posting an attested copy thereof in two or more public places in the town and by the publication of a copy in one or more of the newspapers published in the county, or in some other publication in the town having a general circulation in the town, at least seven days before such meeting. (Bylaws 1960, art. 2, ss 2; 6-5-72.)
Section 2-17. Reports of committees to be in writing. All committees chosen by the town, for any purpose, and ordered to report at any designated time shall make such report in writing. (Bylaws 1960, art. 2, ss 3.)
Section 2-18. Submitting of motions. All motions shall be submitted to the town meeting in writing when so requested by the town moderator or the town clerk. (Bylaws 1960, art. 2, ss 6.)
Section 2-19. Reconsideration of motions. No motion shall be reconsidered by the town meeting, unless ordered by more than two-thirds of the voters present and voting thereon. (Bylaws 1960, art. 2, ss 7.)
Section 2-20. Dissolution or adjournment of meeting. No motion, the effect of which would be to dissolve a town meeting, shall be in order until every article in the warrant has been duly considered and acted upon, but this shall not preclude the postponement of action on or consideration of any article to an adjournment of the meeting to a stated time. (Bylaws 1960, art. 2, ss 4.) For law of the commonwealth as to officers and employees of towns, etc., generally, see G.L., c. 41. As to the inspector of buildings, see ss 4-3 to 4-6 of this Code. As to building board of appeal, see ss 4-14 to 4-18. As to cemetery committee, see ss 5-1, 5-2. As to the finance committee, see ss 6-1 to 6-4. As to personnel generally, see ch. 10. As to personnel board, see ss 10-7 to 10-9. As to police generally, see ch. 11. As to subdivision board of appeals, see ss 14-3. As to zoning board of appeals, see ss 15-25 to 15-27. 2. For law of the commonwealth as to appointment and qualifications of town accountant, see G.L., c. 41, ss 40, 55. As to appointment and duties of town accountant with respect to personnel board, see ss 10-8 of this Code. 3. For law of the commonwealth as to inspector of gas piping and gas appliances in buildings, see G.L., c. 143, ss 30. 4. For law of the commonwealth as to annual town reports, see G.L., c. 40, ss 49. As to the publication of annual report by board of selectmen, see ss 2-9 of this Code. As to reports of proceedings of board of selectmen, see ss 2-9. As to the annual report of town council, see ss 2-28. As to annual report of town treasurer-collector, see ss 2-30. As to annual report of board of health, see ;ss 2-32. As to annual report of finance committee, see ss 6-4. As to reports by personnel board, see ss 10-9. As to annual report by chief of police, see ss 11-3. 5. For law of the commonwealth as to board of selectmen generally, see G.L., c. 41, ss 20 to 23. As to the authority of the board of selectmen to make rules and regulations concerning town sanitary landfill, see ss 7-6 of this Code. As to authority of board of selectmen to order numbers affixed to buildings, see ss 13-1. As to execution of appropriate legal proceedings to enforce provisions of zoning chapter, see ss 15-4. 6. As to the disposal of personal property of town, see ss 6-10 of this Code. 7. For law of the commonwealth as to town meetings generally, see G.L., c. 39, ss 9 et seq. 8. For law of the commonwealth as to warrants for town meetings, see G.L., c. 39, ss 10. 9. For law of the commonwealth as to town moderator generally, see G.L., c. 39, ss 14, 15.
ARTICLE IV. TOWN MODERATOR. 9
Section 2-21. Election; term; to preside at town meetings; moderator pro tem. 1 (a) A town moderator shall be elected annually to serve for a one year term. He shall preside at all town meetings and shall continue until the next annual meeting and until a successor is qualified. (b) In the event of absence or inability of the town moderator to serve, the town clerk shall call the town meeting to order. The first business of that meeting shall be the election of a moderator pro tem, by the town meeting members present at that meeting. The moderator so elected must be a qualified legal voter of the town. (Bylaws 1960, art. 3, ss 1.)
Section 2-22. Duties generally. The duties of the town moderator, not prescribed by statute, this Code or other bylaws of the town, shall be determined by the general rules of parliamentary law, so far as they may be adapted to town meetings. (Bylaws 1960, art. 3, ss 2.)
ARTICLE V. TOWN CLERK 2
Section 2-23. Duties. 3 (a) Notice of election or appointment to committees. The town clerk shall promptly notify in writing each member of every committee who may be elected or appointed at any town meeting or in pursuance of any vote thereof. Such notice shall contain a copy of the vote creating the committee and the names of all members of such committee. (b) Copies of actions affecting duties of town officer, etc. The town clerk, as soon as possible after a vote of the town has been passed which relates particularly to or affects the duties of any board, committee or officer of the town, shall furnish a copy of such vote to such board, committee or officer. (c) Records of bylaws. The town clerk shall keep an accurate, up-to-date record of all town bylaws, copies of this Code and amendments to the provisions of this Code or such other bylaws of the town, as approved by the attorney general of the commonwealth. (d) Records generally. The town clerk shall keep a file of all town reports, reports submitted by all committees chosen by the town and all original documents relating to the affairs of the town, which come into the town clerk's custody. (e) Recordation of conveyances. It shall be the duty of the town clerk to see that every conveyance to the town of any interest in property shall be properly recorded in the registry of deeds, and to keep a true copy of all deeds or conveyances executed by the board of selectmen, pursuant to the vote of the town, in a book to be kept for such purpose alone. (Bylaws 1960, art. 6, ss 2,4 to 7.) Section 2-24. Office hours. The town clerk shall have stated daily hours for the transaction of business and shall give public notice thereof. (Bylaws 1960, art. 6, ss 3.)
ARTICLE VI. TOWN COUNSEL.
Section 2-25. Appointment; term; compensation; removal; employment of special counsel. 4 The Board of Selectmen shall each year, within thirty days after the annual election of town officers, appoint some competent lawyer, as Town Counsel, who shall serve for the term of one year or until his successor is appointed. He shall receive for his services such compensation as the town may determine, and he may be removed for cause, at any time, by the majority vote of the board of selectmen. The board of selectmen may, whenever it deems necessary, employ special counsel to assist or act in place of the town counsel. (5-29-79.)
Section 2-26. Holding of additional appointive or elective office of town. The town counsel shall not, during the term of office, hold any other appointive or elective office of the town. (Bylaws 1960, art. 7, ss 7.)
Section 2-27. Duties generally. The town counsel shall have the following duties: (a) Legal drafting, opinions, etc. The town counsel shall draft all bonds, deeds, leases, obligations, conveyances and other legal instruments, and do every professional act which may be required of him, by vote of the town or any board or town officers. Also, when required by such boards or any committee of the town, in writing, he shall furnish a written opinion on any legal question that may be submitted to him, in writing, in regard to any matter which concerns the board or committee requesting the opinion, and he shall at all times furnish legal advice to any officer of the town who may require his opinion upon any subject concerning the duties incumbent upon such officer by virtue of his office. (b) Prosecution and defense of suits; appearance before legislature. It shall be the duty of the town counsel to commence and prosecute all actions and other legal proceedings and suits ordered to be brought by the town, and to defend all actions and suits brought against the town in any court or other tribunal of this commonwealth or of the United States. He shall also appear as counsel in any other action, suit or prosecution against the board of selectmen for any official action, or the performance of any official duty when any right, privilege, ordinance, act or direction of the board of selectmen may be brought into question. He shall appear as counsel before the legislature of the commonwealth, or any committee thereof, whenever the interest and welfare of the town may be directly or indirectly affected. (c) Investigation of injury that may give rise to claim against town. Immediately upon being notified by the board of selectmen, chief of police or superintendent of streets, or upon the receipt of notice from any other source, of injury to persons or property under circumstances which may give rise to a claim for damages against the town, the town counsel shall make or cause to be made, a careful and complete investigation of all facts relative thereto. In case of injuries to persons, he shall, if it seems practicable, immediately provide for a physical examination of the injured person to be made by some competent physician, and provide for such further examinations as he sees fit. He shall take all steps which he deems necessary and adequate to defend such claims and protect the interests of the town. Within ten days after the claim for damages for any cause has been received by the town counsel, he must make a written report to the board of selectmen of the nature and circumstances of the claim, together with such recommendations regarding the same as he deems advisable. (d) Prosecution of bylaw violations. The town counsel shall prosecute, in behalf of the town, in the local district court, all cases for the violation of this Code or any bylaws of the town when requested to do so in writing by any board or officer of the town. (Bylaws 1960, art. 7, ss 2 to 5.)
Section 2-28. Annual Report. The town counsel shall annually make a written report to the board of selectmen, to be printed in the annual town report, concerning the professional services rendered by him during the preceding year. Such report shall contain a statement of each case which has been settled, tried or otherwise disposed of by him during the year, also a statement of each case which is still pending and the status of the same, together with such other information and recommendations as he may deem advisable. (Bylaws 1960, art. 7, ss 6.)
ARTICLE VII. TOWN TREASURER-COLLECTOR. 5
Section 2-29. Powers generally. The treasurer-collector shall have the same power and shall use all means and processes provided by law which town treasurers may use when acting as collectors of taxes. (Bylaws 1960, art. 12, ss 1.)
Section 2-30. Annual report. The annual report of the treasurer-collector shall be submitted to the board of selectmen, for inclusion in the annual town report, on or before January 15, and shall contain a statement of the amount of taxes and assessments committed to him for collection, the amount collected thereon, together with the interest and the amount of uncollected taxes. (Bylaws 1960, art. 12, ss 2.)
ARTICLE VIII. BOARD OF HEALTH. 6
Section 2-31. Created; composition; election and term of members. 7 There is hereby created a board of health for the town consisting of three persons. One member of the board of health shall be elected at each annual town meeting for a term of three years. (10-3-72.)
Section 2-32. Annual report. The board of health shall annually make a written report to the board of selectmen, on or before January 15, to be printed in the annual town report, showing in detail the statistics of the health and sanitary condition of the town, with recommendations for its improvement, together with a full and comprehensive statement of its work and that of its appointees during the previous year. Such report shall also contain a detailed statement of the amounts expended by the board of health during the fiscal year. (Bylaws 1960, art. 15; 10-3-72.) ADAMS TOWN CODE & RELATED BY LAWS - ADMINISTRATION 1. For the law of the commonwealth as to election of town moderator, see G.L., c. 39, ss 14.) 2. For the law of the commonwealth as to town clerk generally, see G.L., c. 41, ss 12 to 19H. As to election of town clerk, see G.L., c. 41, ss 1. As to custody of town seal, see ss 1-9 of this Code. 3. For the law of the commonwealth as to duties of town clerk, see G.L., c. 41, ss 15.) 4. For the law of the commonwealth as to employment of town counsel, see G.L., c. 40, ss 5 (15, 16A). 5. For the law of the commonwealth as to treasurer and collector generally, see G.L., c. 41, ss 35 to 43A. As to election of collector, see G.L., c. 41, ss 1. As to finance generally, see ch. 6 of this Code. 6. For the law of the commonwealth as to town boards of health, see G.L., c. 111, ss 26 to 32. As to election of members of board of health, see G.L., c. 41, ss 1. 7. Editor's note. - The amendment to the 1960 Bylaws from which this article is derived was passed by the voters of the town on October 3, 1972. For law of the commonwealth as to the election and term of members of board of health, see G.L., c. 41, ss 1.