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Town of Adams, Massachusetts

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6 - Finance
ss 6-1. Finance committee - composition; qualifications; appointment; term; retired members.
ss 6-2. Same - Vacancies.
ss 6-3. Same - Election of officers.
ss 6-4. Same - Powers and duties.
ss 6-5. Contracts by town officers.
ss 6-6. Purchases - Equipment by town departments.
ss 6-7. Same - Triplicate system adopted; copy of orders to be delivered to town accountant.
ss 6-8. Submission of annual list of money, etc., received by town officers.
ss 6-9. Annual inventories of furniture, fixtures and capital equipment. ss 6-10. Disposal of personal property of town.
Section 6-1. Finance committee - Composition; qualifications; appointment; term; retired members. 2 There shall be a finance committee consisting of fifteen members who shall reside in the town and shall be registered voters therein. Of this Committee no person holding an elective position or any other position in town, other than that of Town Meeting Member shall be eligible to serve on the Finance Committee. The town moderator shall appoint all members of the finance committee, each of which shall serve a term of three years. It is recommended that at least two members from each precinct be appointed by the town moderator, to insure equitable representation. The term of office of each such member will expire on May 1 unless the annual business meeting of the town is not held and dissolved by May 1, in which case such appointments to the finance committee shall not be made until such annual business meeting has been held and dissolved. When any member who has served on the finance committee for not less than three consecutive terms shall reach seventy years of age, the town moderator, at the completion of such member's term, may notify him that thereafter he shall be on the retired list of finance committee members. A member so retired shall attend finance committee meetings only when so requested by its chairman, to give his advice or suggestions on matters pending before the committee. The members so retired shall have no vote at such meetings as they may attend. Every such retired member shall have the status of and be referred to as an "honorary member.". The "honorary members" are exclusive of the fifteen members permitted by law. (5-31-77 - art. 59).
Section 6-2. Same - Vacancies. In the event of a vacancy on the finance committee, the town moderator shall forthwith make an appointment to fill the vacancy for the unexpired term. (Bylaws 1960, art. 4, ss 2.)
Section 6-3. Same - Election of officers. The finance committee shall elect its own chairman and secretary. (Bylaws 1960, art 4, ss 3.)
Section 6-4. Same - Powers and duties. 3 The finance committee shall consider all municipal questions relating to appropriations and may consider any municipal questions. It shall hear members of town departments and citizens of the town relative to any matter before the committee and shall make such recommendations as the committee deems advisable upon all subjects considered by it. It shall submit its recommendations and report to each town meeting. (Bylaws 1960, art. 4, ss 4.) see also 2-7.
Section 6-5. Contracts by town officers. (a) Generally. No department or officer, having charge of any office, department or undertaking of the Town, shall recommend the award of any contract or the purchase of any equipment, supplies or services, unless the Chief Procurement Officer has first certified that that person has complied with the provisions of Massachusetts General Laws, Chapter 30B, Chapter 30, Section 39M, and/or Chapter 149. (5/31/94, art. 22) (b) Proposals - Notice. A notice involving formal proposals therefor shall have been posted, in the office of the Chief Procurement Officer, not later than two weeks prior to the time so specified, and that such notice shall also have been published at least once, not less than two weeks prior to the time so specified, in a newspaper, having a general circulation in the Town, as the Chief Procurement Officer may direct. A notice involving informal proposals therefor shall have been posted, in the office of the Chief Procurement Officer, not later than three days prior to the time so specified. (c) Same - Form. Formal proposals for any contract subject to this section shall be sealed and in writing. Informal proposals for any contract subject to this section may be either oral or written quotations. In the event of an oral quotation, the Chief Procurement Officer shall record said quotation in writing and shall require written confirmation of quotation from offerers prior to the awarding of the contract. (d) Same - Opening; Inspection. Such formal proposals shall be opened and read in public at a time and place specified in the posted and published notice and, after being so opened, shall be open for public inspection. Such informal proposals shall be received by a time specified in the posted notice and, shall be maintained by the Chief Procurement Officer and shall be open for public inspection upon the awarding of the contract. The Chief Procurement Officer shall maintain a list of all persons requesting and/or receiving formal and informal proposal notices. (e) Awards generally. The department or officer shall award the contract to the lowest responsible bidder. No contract shall be awarded for a sum in excess of the appropriation available, unless it is on a unit bid price basis, in which event the quantities may be adjusted in order to make the final total payment not exceed the appropriation. (f) Avoidance of section. No contract or preliminary plans or specifications pertaining thereto shall be split, altered, changed or divided for the purpose of evading the provisions of this section. (g) Rejection of bids. The right shall be reserved to reject any or all bids, if such rejection is in the public interest. (h) Suspension of section where interests of town would be served. 4 It is further provided that in the event of unusual opportunity for the purchase of materials, supplies and equipment in the best interest of the town, not in excess of one thousand dollars, which opportunity for the purchase of the particular materials, supplies and equipment would ordinarily be lost or rendered impractical or impossible by the operation of this section, this section may be avoided and dispensed with upon the unanimous vote of the board of selectmen; provided that necessary funds are available and have been properly appropriated in advance. (Bylaws 1960, art. 21, ss 1; 3-20-61, 8-27-62, 5-24-76, 5-29-90.)
Section 6-6. Purchases - Equipment by town departments. All town departments may make capital expenditures whose aggregate total may not exceed one thousand dollars per fiscal year from their operating expense accounts. (10-3-72; 9-10-79; 5-28-85, art. 50; 10-28-96 art. 1)
Section 6-7. Same - Triplicate system adopted; copy of orders to be delivered to town accountant. All town departments shall use the triplicate system in making purchases, and one copy of all purchase orders shall immediately be delivered to the town accountant. (Bylaws 1960, art. 25.)
Section 6-8. Submission of annual list of money, etc., received by town officers. All elected and appointed officers of the town who receive fees, emoluments or monies of any kind, either for their own use or for the town, county or commonwealth, shall submit to the board of selectmen annually a true list setting forth in detail all of such fees, emoluments and monies received during the year. (Bylaws 1960, art. 20.)
Section 6-9. Annual inventories of furniture, fixtures and capital equipment (a) An inventory of all furniture, fixtures and capital equipments shall be submitted by all town departments to the Town Accountant semi-annually on October 31st and April 30th. (9-10-79, art. 6.) (b) Such inventory shall be made in duplicate, one copy of which shall be filed with the town accountant. (c) The outgoing department head shall submit for signing to the incoming department head an inventory of all assets, including furniture, fixtures and capital equipment, in his particular department. (d) Deleted (9-10-79, art. 6.) (e) Any discrepancy in the inventory shall be brought to the attention of the board of selectmen (Bylaws 1960, art. 23, ss 1.)
Section 6-10. Disposal of personal property of town. 5 "Personal property belonging to the town may be sold or disposed of by the board, officer or head of the department having charge of such property only if in conformity with the following conditions: (a) If its value at the time of the proposed sale or disposition is less than five hundred dollars, upon specified authorization, in writing, by the Town Administrator, or (b) If its value at the time of the proposed sale or disposition is five hundred dollars or more, upon specified authorization, in writing, by the Board of Selectmen, and in accordance with the provisions of MGL Chapter 30B." (Bylaws 1960, art. 22, ss 2; 10-28-96 art. 2)
Section 6-11. Licenses and permits of delinquent taxpayers. 1. The Tax Collector shall annually furnish to each department, board, commission or division, which has the authority to issue licenses or permits, including renewals and transfers, a list of any person, corporations, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and certifying that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the Appellate Tax Board. 2. The licensing authority may deny, revoke, or suspend any license or permit, including renewals and transfers, of any party whose name appears on the list furnished to the licensing authority from the Tax Collector; provided, that written notice is given to the party and the tax collector that the party will be given a hearing to be held not earlier than fourteen (14) days after the notice is received by the licensing authority. The Tax Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Such list shall be prime facie evidence for denial, revocation or suspension of said license or permit to any party. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceedings and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked, under this section shall not be reissued or renewed until the license authority receives a certificate issued by the Tax Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as of the date of issuance of said certificate. 3. Any party shall be given the opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit provided that the holder be given subsequent notice and a hearing as required in paragraph 2 hereinabove. 4. The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in Section 1 of Chapter 268 of the General Laws, as amended, in the business or activity conducted in or on said property. 5. This bylaw shall not apply to the following licenses or permits: a. Open burning b. Bicycle permits c. Sale of articles for charitable purposes d. Children work permits e. Dog licenses f. Fishing, hunting and trapping licenses g. Marriage licenses h. Theatrical events i. Public exhibition permits j. Clubs, associations dispensing food or beverage licenses under the provisions of Section 21E of Chapter 140 of the General Laws, as amended. (5-31-88, art. 42.) 1. For the law of the commonwealth as to municipal finance generally, see G.L., c. 44. As to the appointment and duties of town accountant, see ss 2-1 of this Code. As to the execution of deeds by board of selectmen, see ss 2-6. As to town treasurer-collector, see ss 2-29, 2-30. 2. For the law of the commonwealth as to appointment of finance committees, see G.L., c. 39, ss 16. 3. For the law of the commonwealth as to duties of finance committees, see G.L., c. 39, ss 16. 4. For the law of the commonwealth as to the power of town to contract generally, see G.L., c. 40, ss 4. As to proposals for certain contracts, see G.L., c. 40, ss 4B. As to purchasing agent, see G.L., c. 41, ss 103. 5. As to execution of deeds, etc., by board of selectmen, see ss 2-6 of this Code.