1.1 The General Bylaws, and all special Bylaws, shall be reviewed each year prior to the Annual Town Meeting by a Bylaw Review Committee of five (5) members to be appointed by the Moderator within thirty (30) days after each Annual Town Meeting. The Bylaw Review Committee shall report to the next Annual Town Meeting their recommendations for the amendment, adoption or repeal of Bylaws.

2.0 Rules of Construction

These rules of construction shall be observed except when inconsistent with the context of the Bylaw:

2.1 The repeal of a Bylaw shall not affect any pending legal action or penalty incurred under such Bylaw prior to the effective date of such repeal.

2.2 The use of the title of any office shall be considered as a majority of the members of the Board or Committee unless otherwise stated.

3.0 Definitions

In construing these Bylaws, the following definitions shall apply:

3.1 The word "street" shall include all public and private ways, roads, bridges, alleys, rights of way, squares, courts and sidewalks.

3.2 The words "public place" shall include all public lands belonging to or under the control of the Town or any Department thereof.

3.3 The words "public building" shall include all buildings belonging to or under the control of the Town or any Department thereof.

3.4 The word "person" shall include corporations, societies, associations and partnerships.

3.5 The word "horse" shall include any beast of burden.

3.6 The word "driver" shall mean the person having charge or control of a vehicle or horse upon a street.

3.7 The word "vehicle" shall include any device on wheels or runners for conveying persons or objects.

3.8 The word "officer" shall include all Town officers, agents and all members of boards, committees, commissions or other groups, either elected or appointed.

3.9 The word "voter" shall mean a duly registered voter of this Town.

3.10 The word "employee" shall mean a person hired by the Town to work for wages or salaries.

3.11 Waterways shall include all natural and man-made channels which contain or conduct water.

3.12 A building is a structure intended for housing, shelter, enclosure, or support of any persons, animals or property.

3.13 The term "Finance Committee" and the term "Ways and Means Committee" shall be synonymous.

Note: Amended Art.17 10/15/1975, App. A.G. 1/26/1976, Pub. BTU 1/29, 2/5, 2/12/1976.

3.14 "Adult Bookstore"

An establishment having twenty-five (25) percent or more of its stock in trade and/or floor area, comprised of books, magazines, videos, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31

3.15 "Adult Club"

An establishment having twenty-five (25) percent or more of its entertainment and/or floor area comprised of a person or persons working or performing in a state of full or partial nudity, or distinguished or characterized by an emphasis on a matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31

3.16 "Adult Paraphernalia Store"

An establishment having twenty-five (25) percent or more of its stock in trade and/or floor area, comprised of devices, objects, tools, or toys, which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31

3.17 "Adult Theater"

Any building, structure, or premises used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31

3.18 "Adult Video Store"

An establishment having twenty-five (25) percent or more of its stock in trade and/or floor area, comprised of videos, books, magazines, and other matter which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, Section 31

Note: Adopted Art. 10 9/30/1996, App. A.G. 11/18/1996, Pub. Burl.Union 12/12/1996 & 12/19/1996.

4.0 Penalties - Non-Criminal Disposition

Any Bylaw of the Town of Burlington, or rule or regulation of its boards and commissions, the violation of which is subject to a specific penalty, may, in the discretion of the Town Official who is the appropriate enforcing person, be enforced by the method provided in Section 21D of Chapter 40 of the General Laws. "Enforcing Person" as used in this section shall mean the Animal Control Officer, Conservation Administrator, Health Agent, Environmental Engineer, Building Inspector, Plumbing and Gas Inspector, Wiring Inspector, any police officer, Fire Chief and/or Fire Inspector, Superintendent of Public Works, and such other officials as the Board of Selectmen may from time to time designate, each with respect to violation of Bylaws and rules and regulations within their respective jurisdictions. If more than one official has jurisdiction in a given case, any such official may be an enforcing person with respect thereto. A police officer may enforce any and all of these Bylaws and rules and regulations.

Without intending to limit the generality of the foregoing, it is the intention of this provision that the following Bylaws and sections of Bylaws or rules or regulations are to be included within the scope of this subsection and that the specific penalties as listed here shall apply in such cases. Each day on which any violation exists shall be deemed a separate offense:

Article XII, Section 2.0; Control of Dogs:
First offense, within preceding twelve-month period	$ 15.00
Second offense, within preceding twelve-month period	$ 25.00
Third offense, within preceding twelve-month period	$ 35.00
Fourth or subsequent offense within the preceding twelve months	$ 50.00
For an unlicensed dog as of July 1st of any year	$ 50.00

Article XIII, Section 1.23.4 Littering	$100.00

Article XIV, Section 14.2.8 Earth Removal, Earth Moving, and Addition of Fill
First Offense	$ 50.00
Second Offense	$100.00
Subsequent Offense	$200.00

Article IX, Section 1.1 Retail Sales	$ 50.00

Article XIII, Section 1.36 Alcoholic Beverages	$ 50.00

Article XIII, Section 1.37 Nuisance to Health and Safety	$ 50.00

Article XIII, Section 1.37.4 Trash	$ 50.00

Article XIII, Section 1.37.6 Conservation Land	$ 50.00

Article XIV, Section 2.12 Control of Toxic and Hazardous Materials	$200.00

Article XIV, Section 3.2.3 Signs	$100.00

Article XIV, Section 2.0 Litter Control	$ 50.00

Article XIV, Section 2.14 Recycling	$ 25.00

Article XIV, Section 1.9 Wetlands	$100.00

Burlington Zoning Bylaws	$ 50.00

Massachusetts State Building Codes	$ 50.00

Board of Health Rules and Regulations	$ 50.00

Conservation Commission Bylaws and Rules and Regulations	$ 50.00

Board of Fire Prevention Rules and Regulations, MGL c. 148 and CMR 527, State Fire Laws:
First offense	$ 25.00
Second offense	$ 50.00
Subsequent offenses	$100.00

Park and Recreation Rules and Regulations	$ 50.00

Adult Entertainment
First offense	$100.00
Second offense	$200.00
Subsequent offenses	$300.00

This Bylaw is to be enforced as set forth in a detailed statement of said Bylaw on file at the office of the Selectmen of the Town and said statement to be available for inspection there.

Amended Art. 67, TM 5/23/1988. App. A.G. 7/28/1988. Adv. Burl. News 8/4, 8/11/1988. Amended Art. 16, TM 9/18/1989. App. A.G. 12/21/1989. Adv. Burl. News 1/4, 1/11/1990. Amended Art. 9, TM 9/9/1992. App. A.G. 11/24/1992. Adv. BTU 12/10, 12/17/1992. Amended Art. 20, TM 5/19/1993. App. A.G. 6/1/1993. Adv. Burl. News 6/9, 6/16/1993. Amended Art. 10, TM 9/30/1996. App. A.G. 11/18/1996. Adv. Burl. Union 12/12, 12/19/1996.

5.0 Conflict of Interest - Contracts

No officer shall, on behalf of the Town, join in the making of any contract or agreement in which he has any direct or indirect pecuniary interest, except such interest common to all citizens of the Town.

6.0 Conflict of Interest - Compensation

No officer or employee of the Town shall sell materials or supplies to the Town, nor receive any compensation for services rendered within the scope of the normal duties for the Town, except his official salary, wages and fees allowed by law.

7.0 Keeping of Records

All officers of the Town shall cause records of their doings and accounts to be kept in suitable books which shall be kept permanently in their respective Town offices. The original or a copy of all such records shall be kept in a fire-resistive container carrying the Underwriters Laboratory Class "C" or "D" label. The said fire-resistive container may be kept in the respective office or in the custody of the Town Clerk.

7.1 Records Management Program

In order to serve the public, to preserve and protect our history, and to perform our legal obligations, the Town hereby adopts a Records Management Program as part of its continuing administrative function. The goal of the program is to: create accurate, complete, and necessary records; effectively administer information resources; organize, preserve and provide easy access to records in a variety of media; transfer inactive/permanent records to the Archives; and to legally dispose of obsolete records.

7.1.1 Records Management Commission

There shall be a Records Management Commission in the Town of Burlington consisting of the Town Clerk who shall serve as its chair, Treasurer/Collector, Ways & Means Chair, Historical Commission Chair, Library Director, Board of Selectmen Chair or their respective designees.

The commission shall be responsible for establishing Rules and Regulations for the Town's Archives in accordance with M.G.L. Chapter 4, Section 7, Clause 26; Chapter 66, Section 10, and 950 CMR 32.00 governing public records. Town Counsel prior to adoption and/or amendment shall review such Rules and Regulations. The commission shall annually review the Rules and Regulations and make additions or revisions as necessary.

The commission shall distribute the Rules and Regulations to all Town Departments, Boards, Commissions, Committees, Agencies when adopted and/or revised and offer periodic training to employees whose responsibility it is to create and maintain their department's records.

The commission shall encourage departmental cooperation with municipal records Rules and Regulations as provided for in this bylaw and shall be the final arbiter regarding any matters that may arise regarding the Town's Records Management Program.

7.1.2 Archivist/Records Manager

There shall be an Archivist/Records Manager, hereafter referred to as "Archivist", who shall report to the Town Clerk. The Archivist's duties shall be defined by the job description and may from time to time include additional tasks, as the Town Clerk shall determine. The Archivist shall also serve as the Town's Records Management Officer and be responsible for the operation and maintenance of the Archives in accordance with Rules and Regulations adopted by the Records Management Commission.

7.1.3 Archives

The Archives shall consist of the newly constructed "vault" and the "inactive" storage area adjacent to the vault located in the main Town Hall basement. The Archives shall be used for the security, storage, processing, retrieval, research, and conservation of archival and inactive records that have an enduring historical, legal, or administrative value from departments, agencies, offices, commissions, boards, committees and public corporations, whether existent or defunct, as well as the records of all officials and agents of the Town when those records are no longer necessary for conducting current business.

7.1.4 Definitions

Archival Records Those records which are to be retained permanently under the provisions of state regulations or law or which have long-term historical or artifactual significance.

Inactive Records Generally, those records referred to less than one time per month which are to be retained temporarily (2-21 years) under the provisions of state regulations or law.

Records All documents, books, papers, photographs, microfilm, recordings, and any other material, regardless of physical form or characteristics.

Note: Section 7.1 adopted Art. 4 5/10/1999, App. A.G. 7/28/1999, Pub. Daily Times 8/5/1999 & 8/12/1999.

8.0 Budget Control

All budgets and special articles dealing with any municipal expenses shall be submitted whenever possible to the Town Accountant, or other appropriate bodies as set forth in Chapter 41, Section 59, of the General Laws of the Commonwealth of Massachusetts, by December l5 of each year.

Note: Adopted Art. 37 Spec. TM 7/2/1969. App. A.G. 1/21/1970. Adv. BTU 2/12, 2/19, 2/26/1970.

8.1 Each numbered line account of the Annual Budget shall be a separate appropriation. Any transfers between such numbered line accounts shall be made only by vote of the Town Meeting, except as otherwise provided by statute.

Note: Adopted Art. 16 TM 9/16/1974. App. A.G. 10/23/1974. Pub. Burl. News 11/7, 11/14, 11/21/1974.

8.2 Expenditures from unnumbered sub-items listed under Annual Budget line account shall be limited to the use and amounts voted, except as specified in Section 8.3.

8.3 The Ways and Means Committee may authorize transfers between unnumbered sub‑items of the same Annual Budget line account.

Note: Adopted Art. 17 TM 9/16/1974. App. A.G. 10/23/1974. Pub. Burl. News 11/7, 11/14, 11/21/1974.

9.0 Oath of Office

All appointed and elected officers of the Town shall be sworn to the faithful performance of their duties prior to assuming office. The oath shall be administered by the Town Clerk or the Moderator. The record of oath shall be maintained in the office of the Town Clerk.

10.0 Standards for Publication

All publication or reproduction of Town, Board, Committee or official reports, regulations, rules, Bylaws, charts or notices shall be on 8-1/2" x 11" paper, copy both sides. When appropriate, single sheets, three-hole punched, shall be used, with assembly by staples or fasteners and covers.

Note: Adopted Art. 11, Spec. TM 12/2/1970; App. A.G. 1/14/1971; Pub. Burl. News 1/21,1/28 and 2/4/1971.

11.0 Submission of Bylaws to Attorney General

The Town Clerk shall, within 30 days after the adjournment of any Town Meeting, forward to the Attorney General a certified copy of each Bylaw or Zoning Bylaw adopted at said meeting, together with the procedures of the Town in adopting said Bylaw, and with a request for approval by the Attorney

Note: Amended Art. 22, Spec. TM 1/8/1966; App. A.G. 3/16/1967; Pub. BTU 1/5, 1/12, 1/19/1967.

ARTICLE II REPRESENTATIVE TOWN MEETING

1.0 Establishment of Representative Town Meeting

In accordance with a vote on March 6, 1971, there is established in the Town of Burlington a Representative Town Meeting form of government, whereby 108 members shall be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the Town. All powers of the Town shall be vested in the Town Meeting except as provided otherwise by law. The Town Meeting shall provide for the exercise of all the powers of the Town and for the performance of all duties and obligations imposed upon the Town by law.

1.1 Town Meeting

The Town Meeting shall be a continuous body, but it may adjourn for periods not exceeding 150 days. It shall meet at such times and places as the meeting may determine by rule. Special meetings may be held on the call of the Moderator, or ten or more members, and upon written notices no less than seven days in advance delivered to the place of residence of each member and that of the Moderator. Copies of said notice shall also be posted seven or more days in advance on the Town bulletin board.

Note: Amended Art. 18 TM 10/15/1975; App. A.G. 2/10/1976; Pub. BTU 2/19, 2/26, 3/4/1976. Amended Art. 5 TM 5/10/1999: App. A.G. 7/28/1999; Pub. Daily Times 9/16, 9/23/1999.

1.2 Warrants

Warrants for Town Meeting sessions shall be issued by the Board of Selectmen to the Town Meeting Members, Moderator and Town Clerk, and a copy shall be posted on the Town Bulletin Board at least fourteen (14) days before the meeting is to convene. The Selectmen shall include in the warrant all subjects which are requested of them in writing by any elected Town Meeting Member, the Moderator, the School Committee, or any other person authorized by State Statute or Town Bylaw.

The date by which the Board of Selectmen shall receive articles, by petition or otherwise, for inclusion in the warrant for Town Meting shall be no later than forty-five days before the meeting notwithstanding the provisions of Chapter 686 of the Acts of 1970, Section 12(a) relating to Special Town Meetings. The Board of Selectmen are not prohibited from inserting in the warrant, after that date, articles which, in the Board’s opinion, are of such importance to the welfare of the Town as to make their consideration at such meeting necessary or desirable.

Note: Amended TM 9/25/2000, Art. 8 and 9, Approved 1/9/2001; Pub. Daily Times 1/19, 1/26/2001.

1.3 Precincts

The Board of Selectmen, pursuant to the provisions of Chapter 54 of the Massachusetts General Laws, shall divide the town into the minimum number of precincts.

Note: Amended T.M. 5/19/1993, Art. 21; Approved A.G. 6/1/1993; Adv. Burl. News 6/9, 6/16/1993.

1.4 Reapportionment of Voting Precincts

Every five years, beginning in the year 2000, the registrars of voters shall determine the number of Town Meeting Members to which each precinct shall be entitled at subsequent elections. The number to which each precinct is entitled of the total 108 shall be in the same ratio as the population of each precinct bears to the town population as a whole.

Whenever the town is redivided, the terms of office of all Town Meeting Members shall be terminated, and the provisions of this section shall apply insofar as applicable.

Note: Amended Art.26 TM 9/30/1985; App. A.G. 11/19/1985; Adv. Burl. News 11/18, 12/5/1985. Amended T.M. 5/19/1993, Art. 21; Approved A.G. 6/1/1993; Adv. Burl. News 6/9, 6/16/1993.

2.0 Town Meeting Members

Any registered voter of the Town shall be eligible for election to the Town Meeting. Nomination of candidates for Town Meeting Members to be elected shall be made by nomination papers, which shall show clearly whether he has been a former Town Meeting Member, and, if an elected incumbent of such office, that he is a candidate for re-election and shall bear no other political designation. Such papers shall be signed by not less that ten voters of the precinct in which the candidate resides, shall be filed with the Town Clerk at least twenty-eight (28) days preceding the date of the election. Said nomination papers shall first have been submitted to the Registrars of Voters at least seven days prior to the date on which they are to be filed with the Town Clerk who shall check each name on the nomination papers and shall forthwith certify thereon the number of signatures so checked which are the names of registered voters in the Town and in the precinct for which the nomination is made. The placement of the names of all candidates for Town Meeting Members on the ballot for the initial election shall be established by a public drawing of lots by the Town Clerk.

Any incumbent Town Meeting Member may become a candidate for re-election by giving written notice thereof to the Town Clerk not later than twenty-one (21) days prior to the last day and hour for filing nomination papers.

Note: Amended T.M. 5/19/1993, Art. 21; Approved A.G. 6/1/1993; Adv. Burl. News 6/9, 6/16/1993.

If a Town Meeting Member is a candidate for re-election, the words "Candidate for Re-election" shall be printed against his name as it appears on the ballot for the election of Town officers; provided, however, that a Town Meeting Member elected by the remaining members of a precinct to fill a vacancy shall not be considered a candidate for re-election. No nomination paper shall be valid in respect to any candidate if it fails to have his written acceptance attached to or written thereon.

A Town Meeting Member who removes from the precinct from which he was elected to another precinct within the Town may continue to serve as a member of the Town Meeting from the precinct from which he was elected until the next regular election at which time the remainder of his term, if any, shall be terminated and a vacancy from that precinct shall exist. Such person may, however, be elected as a Town Meeting Member from the new precinct in which he then resides at the same election.

At the annual town election of 1994, and at each town election next following a redivision of the town into precincts, eighteen (18) Town Meeting Members shall be elected from each precinct. The six candidates receiving the highest number of votes in each precinct shall be elected to three-year terms. The six candidates receiving the next highest number of votes shall be elected to two-year terms. The remaining six candidates elected in each precinct shall be elected to one‑year terms. Thereafter candidates shall be elected for three years to fill expiring terms and to fill the unexpired term of any vacancy.

In the event of a tie vote for the office of Town Meeting Member, the Town Clerk shall, within seven days of the election, call all of the representative Town Meeting Members from the precinct in which the tie vote occurs and of the candidates for that office who are affected by such tie together at a convenient place and under the supervision of the Town Clerk. Any such ties shall then and there be determined by ballot cast by the elected members present.

Note: Amended T.M. 5/19/1993, Art. 21; Approved A.G. 6/1/1993; Adv. Burl. News 6/9, 6/16/1993.

At elections subsequent to a reapportionment of representative Town Meeting seats, but not a reprecincting, no term of office of an incumbent Town Meeting Member shall be reduced. No new elections to fill expiring terms, however, shall be held until the number of members to which the precinct is entitled would, if no elections were held, fall below the number. At that time, new elections to fill a sufficient number of seats to provide full membership shall be held.

No Town Meeting Member shall hold any other Town office, elective or appointive, except the following: membership on advisory committees appointed for a special temporary purpose by the Selectmen, School Committee, or any other Town Board; members of Town committees of political parties; officers of elections, or Town employees. For purposes of this section only, “Town Office” shall not be construed to include Police Officers, Special Police Officers or the Animal Control Officer.

Note: Amended TM 9/25/2000, Art. 8 and 9; Approved A.G. 1/9/2001; Pub. Daily Times 1/19, 1/26/2001.

The office of a Town Meeting Member shall become vacant upon his death, resignation, or removal from office in any manner authorized by law. A vacancy in the Town Meeting membership shall be filled for the remainder of the unexpired term, if any, at the next regular Town election if such occurs within sixty (60) days of the vacancy. If no such election is to be held within sixty (60) days, the Town Meeting shall, by a majority vote of the remaining members from the same precinct, appoint a qualified person to fill the vacancy, to serve until the next regular election at which time the remainder of the term shall be filled by official ballot.

The Representative Town Meeting Members shall serve without compensation of any kind.

2.1 When a vacancy in the Town Meeting membership shall occur and no Town election is to be held within sixty (60)days, the Moderator shall within twenty-one (21) days convene a meeting of the remaining members of the involved precinct for the purpose of filling the vacancy and notice of such meeting shall be published in a Town newspaper or papers by the Town Clerk not less than seven days prior to such meeting.

Note: Amended Art. 15 TM 2/20/1974; App. A.G. 3/25/1974; Pub. BTU 4/4, 4/11, 4/18/1974.

3.0 Annual Town Meeting

The Annual Town Meeting shall be called at a time and place to be determined by the Town Meeting.

3.1 Duration of Voting The polls shall be open for such time and in such manner as is determined by the Town Meeting.

3.2 Adjourned Town Meeting See Section 1.1, Article II.

3.3 Multiple Meeting Places The Town Meeting may be held in one or more places provided, that all meeting places are connected by a public address system so that all voters and taxpayers of the Town may be present and participate.

4.0 Moderator

The Town Moderator shall preside at all sessions of the Representative Town Meeting, but he shall have no vote unless the numbers present and voting are equally divided. He may appoint, subject to Town Meeting approval, from among the elected Town Meeting Members, a Deputy Moderator to serve in the event of his absence or disability. In case of the absence or disability of the Moderator and the Deputy Moderator, the Town Meeting shall elect from among its own membership a temporary Moderator to act during said absence or disability.

The Moderator shall appoint the members of a Committee on Ways and Means, and such other committees, special or standing, as may from time to time be established. He shall perform such other duties as may from time to time be assigned to the office of the Moderator by Bylaw, rule or other vote of the Town Meeting.

5.0 Clerk of the Town Meeting

The Town Clerk or his designee shall serve as Clerk of the Representative Town Meeting. The Clerk shall give notice of all Town Meetings to its members and to the public, keep a journal of its proceedings, and perform such other duties as may be assigned to this office, by Bylaw or by vote of the meeting. The Clerk shall receive such additional compensation for performing these duties as the Meeting may authorize.

Note: Amended Art. 3 Spec. TM 10/27/1971. This amendment shall take effect as of the call of the Annual TM in March, 1972. App. by reason of the failure of the A.G. to act within 90 days of submission. Pub. BTU 3/30, 4/6, 4/13/1972.

ARTICLE III PROCEDURE OF TOWN MEETING

1.0 Annual Election

Election of officers and consideration of matters to be determined by ballot shall be at a meeting of the voters in the several Precincts at the time and location fixed in the warrant.

1.1 Election Officer Qualifications See Article IV, Section 12.0

1.2 Other Elected Officers

(1) A Town Clerk for a five year term. ****

(2) A Moderator for a one year term.

(3) Five Selectmen for three year terms.

(4) Three Assessors for three year terms.

(5) A Treasurer/Tax Collector for a three year term.**

(6) Five members of a School Committee for three year terms.

(7) Six Library Trustees for three year terms.

(8) Seven members of a Planning Board for five year terms.*

(9) Five members of the Board of Health for three year terms. ***

(10) A First Constable for a three year term.

(11) A Second Constable for a three year term.

(12) Four members of the Burlington Housing Authority for five year terms.

(13) Three members of the Recreation Commission for three year terms.

(14) Two members of the Shawsheen Valley Technical School District Committee for three year terms.

*Amended Art. 20 TM 9/17/1973. App. A.G. 11/1/1973. Adv. BTU 11/15,

11/22, 11/29/1973.

**Amended Art 24A TM 1/26/1977. App. A.G. 2/18/1977. Adv. Burl. News

2/24, 3/3/1977.

***Amended Art. 14 TM 1/10/1983. App. A.G. 2/17/1983. Adv. Burl. News

2/24, 3/6/1983.

****Amended Art. 12 TM 12/2/1970. App. A.G. 1/14/1971. Adv. Burl. News

1/21, 1/28, 2/4/1971.

2.0 Moderator

See Article II, Sec. 4.0. If, as provided in Art. II, Sec. 3.3, a Town Meeting is held at two or more locations, the Moderator shall appoint a Deputy Moderator to preside at each additional meeting place. The Deputy Moderator shall have all the powers vested by law in the Moderator with regard to the conduct of the Town Meeting except that he shall not recognize any voter without first obtaining permission of the Moderator.

3.0 Call to Order

See Article III, Sec. 6.0. In the absence of the Moderator, the Town Clerk shall call the meeting to order and preside during the election of a temporary Moderator. The temporary Moderator shall preside in the absence of the Moderator or until adjournment.

4.0 Reading of the Warrant and Return of Service

See Article III, Sec. 6.0

5.0 Seating Areas and Attendance Lists

At all Town Meetings, seating areas for Town Meeting Members and nonmembers shall be designated by the Moderator. No person shall be admitted to the area for Town Meeting Members unless qualified or authorized by the Town. Attendance lists shall be maintained by appointees of the Moderator at the entrances for the duration of the meeting.

6.0 Order of Business

The Town Meeting shall determine its own rules and order of business unless otherwise provided by law and shall provide for keeping a journal of its proceedings. The journal shall be a public record kept available in a place readily accessible to the public, and a certified copy thereof shall be kept available in the Burlington Public Library.

7.0 Standing and Special Committees

The Town Meeting shall by Bylaw provide for the establishment of standing committees, a majority of the members of which shall be composed of persons elected to the Town Meeting. The Finance Committee in existence when this act takes effect shall continue as a standing committee on Ways & Means, and all articles which would require the expenditure of Town funds shall, before enactment, be referred to that committee for its recommendation. Such other committees as the Meeting deems expedient shall also be created, and said committees shall be assigned all articles, the subject matter of which comes under their jurisdiction before final action is taken, for a recommendation. All committees shall conduct open public hearings on matters assigned to them to provide the public with the opportunity to discuss their views concerning such matters. Committees established under these provisions shall consist of an odd number of persons appointed for fixed terms.

7.1 Board or Committee Reports

Recommendation of a board or committee shall not be considered unless an article on the subject of the recommendation appears on the Warrant. A special committee shall be discharged on the acceptance of a final report or by the failure to submit a report at the required time.

8.0 Committee Investigations

The Town Meeting may direct a duly organized committee to make investigations into the operations of the Town and into the conduct of any Town department, office or agency, and for this purpose such committees may subpoena witnesses, administer oaths, take testimony and require the production of books and papers. Any person who fails or refuses to appear and testify when legally ordered to do so shall be punished by a fine of not more than Five Hundred Dollars ($500.00).

9.0 Required Attendance at Town Meeting

The Town Meeting or a duly authorized subcommittee of the Town Meeting by order or resolution may require the attendance at a Town Meeting of any elected or appointed officer, board, commission, committee, agency, or employee for the purpose of providing the Town Meeting with information and materials pertinent to matters appearing in the Warrant for that Town Meeting. The head of each department shall hold himself available for attendance at Town Meetings or shall designate a deputy to respond for him in the event that such department head is absent due to illness or other reasonable causes.

No less than seven days' notice to appear shall be given to any person under authority of this section.

10.0 Liaison with Town Officials and Employees

Neither the Town Meeting nor any of its members shall in any way dictate the appointment or the renewal of any Town administrative employee or officer whom any appointing authority is empowered to appoint. The Town Meeting may, however, by resolution or other vote, express its views pertaining to such matters.

Except for the purpose of inquiries and investigations as provided in Section 8.0, the members of the Town Meeting shall deal with Town officers and employees solely through the appointing authority, and neither the Town Meeting nor any of its members shall give orders to such employees or officers, either publicly or privately.

11.0 Rules of Debate

See Article III, Section 6.0

11.1 Any registered voter or taxpayer of the Town shall, subject to such rules as may from time to time be established, have a right to speak, but not to vote, at Town Meeting sessions.

11.2 Except on procedural matters, voting shall be by standing vote, but if seven or more members shall doubt the vote by raising their hands to so indicate after the vote is announced, then a call of the roll shall be taken and the votes recorded in the journal. The Moderator may, in his discretion, direct that any vote be taken by a call of the roll. A majority of all of the members shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Town Meeting. The Town Meeting shall not for any reason declare itself in executive session or attempt to prohibit the public from attendance at any of its proceedings.

11.3 Roberts Rules of Order, Revised, with the following exceptions, shall be the authority in all procedural matters not covered by law.

11.4 A motion to reconsider a vote on a warrant article may be made by any Town Meeting member, provided that written notice of intent to move such reconsideration is received by the Town Clerk within fourteen (14) days after that vote was recorded and before all other articles on that warrant have been acted upon.

11.4.1 Any vote which takes effect under Sec. 13.0 of this article, without a fourteen (14) day delay, shall not be reconsidered.

11.4.2 Motions to reconsider shall be in order only after all other business of the warrant has been completed and shall require a two-thirds majority of those members present and voting.

11.4.3 At each adjourned session the Moderator shall advise the Town Meeting of all articles for which notice of intent to reconsider has been filed.

11.4.4 No vote shall become effective while reconsideration is pending.

11.5 No person who has spoken on the question may move to terminate debate.

11.6 A session of The Town Meeting shall not be adjourned until all articles and motions to reconsider have been acted upon.

12.0 Acts Requiring a Bylaw

Subject to constitutional and statutory requirements, these acts of the Town Meeting shall be by Bylaw which:

(1) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;

(2) Establish rules governing the granting, renewing, or extension of a franchise or license;

(3) Amend or repeal any Bylaw previously adopted;

(4) Establish standing committees of the Town Meeting, but not temporary or "ad hoc" committees; and

(5) Establish all rules, regulations, orders, and other votes of the Town Meeting which are intended to be permanent and which when adopted regard or affect the community as a whole.

The Moderator shall have the authority to direct that a proposed action to be taken shall be done in the nature of a Bylaw rather than in some other form when in his discretion it seems advisable to do so.

Every proposed Bylaw shall be introduced in writing and in the form required for final adoption. No proposed Bylaw shall contain more than one subject, which shall be clearly expressed in its title.

The Town Meeting may adopt any standard code of technical regulations, in whole or in part, by reference thereto in an adopting Bylaw, provided, however, that one or more copies of the proposed code shall be available in the office of the Town Clerk, and the adopting Bylaw shall not be construed as to include changes or revisions made by the drafters of said code subsequent to the Town Meeting vote to adopt the code.

13.0 Referendum Petition

No final vote of any Representative Town Meeting session passing or rejecting a measure under any article in the Warrant, except a vote to adjourn, or an authorization to borrow money in anticipation of taxes, an authorization to pay debts and obligations of the Town, an appropriation of funds necessary to implement a written agreement executed under Section 178 I of Chapter 149 of the General Laws, or the budget of the Town as a whole, or a vote declared by preamble to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the Town, and which is passed by a two-thirds vote of the membership, shall be operative until fourteen (14) days after the adoption of such vote.

If, within said fourteen (14) days, a petition signed by not less than five percent of the registered voters of the Town, containing their names and addresses as they appear on the list of registered voters, is filed in the Office of the Selectmen requesting that the question or questions involved in any such vote be submitted to the registered voters of the Town at large, then the operation of such vote shall be further suspended pending its determination as hereinafter provided. Within fourteen (14) days of the filing deadline, and including the time of certification by the Board of Registrars of a referendum petition, the Selectmen shall call a special election which shall be held within thirty-five (35) days but not sooner than twenty-eight (28) days after issuing the call, provided, however, that if a regular or special election is to be held not more than thirty (30) days after, they may provide that the question or questions involved be presented to the voters at the same election.

Note: Amended Art. 26 TM 1/13/1986. App. A.G. 2/20/1986. Adv. Burl. News 2/27, 3/6/1986.

All votes shall be taken by official ballots, and the checklist shall be used in the same manner as is in the election of Town Officers. The questions so submitted shall be determined by a majority vote of the registered voters of the Town voting thereon, but no action of the Representative Town Meeting shall be reversed unless at least twenty (20) percent of the registered voters of the Town shall so vote.

The question so submitted shall be stated on the ballot in substantially the same language and form in which they were stated when presented by the Moderator to the Representative Town Meeting as appears from the records of said meeting.

The election shall be held on a Saturday, unless it is to be held in conjunction with another election, and the polls shall open not later than two o'clock in the afternoon and shall be closed not earlier than eight o'clock in the evening.

If a petition is not filed within fourteen (14) days of a final vote of the Representative Town Meeting, it shall then become effective.

14.0 Parliamentary Authority

See Article III, Section 6.0

Note: Amended Art. 3 Spec. TM. 10/27/1971. This amendment shall take effect as of the call of the Annual Town Meeting in March, 1972. App. by reason of the failure of the A.G. to act within 90 days of submission. Adv. BTU 3/30, 4/6, 4/13/1972.

ARTICLE IV SELECTMEN

1.0 General Duties

1.1 Selectmen shall be the principal officers of the Town, exercising proper control over all matters including Town property which is not specifically delegated by Town Bylaws or specifically voted by the Town.

1.2 To approve all payments of monies by the Town Treasurer acting in behalf of or in the name of the Town.

1.3 To sign all bonds and notes for the borrowing of money by the Town.

1.4 To act as or appoint other Town officers when authorized by the Town. Authorization must either be by vote of a Town Meeting held at least sixty (60) days prior to an Annual Town Meeting or petition of ten percent (10%) of the voters of the Town, filed with the Selectmen at least sixty (60) days before an Annual Town Meeting.

1.5 To establish the amounts of fidelity bonds for those Town officers whom the General Laws require to be bonded.

1.6 To act as a Licensing Board where authorized under the General Laws.

1.7 To report its major activities to the Town via an Annual Report to be filed with the Town Clerk not later than 60 days after the last day of the year being reported. The report of the Selectmen should include as a minimum the following:

1.7.1 Major financial transactions passed on by the Board sufficient to give the citizens a fair and full understanding of the objects and methods of such expenditures.

1.7.2 Appointments and resignations during the year.

1.7.3 Permits granted or refused during the year and the reasons and circumstances surrounding each.

1.7.4 Selectmen's recommendations for improving Town Management such as:

1.7.4.1 Suggestion of committee to study present and future Town problem areas.

1.7.4.2 Recommended actions to improve the effectiveness of any Town department pursuant to the authority contained in Sec.23B, Chap. 4, GL.

1.8 To exercise general control over the following Departments, Boards and Officers of the Town:

. Department of Public Works

. Engineering Department

. Town Counsel

. Police Department

. Fire Department

. Building Department

. Sealer of Weights and Measures

. Town Accountant

. Dog Officer and Pound

1.9 Filling of Vacancies on the Board of Selectmen If there is a failure to elect or a vacancy occurs in the Office of Selectmen, the remaining Selectmen or Selectman may call a special election to fill the vacancy and shall call such election upon the request in writing of 200 registered voters of the Town or 20% of the total number of registered voters of the Town, whichever number is lesser; provided that such request is filed with them or him not less than 100 days prior to the date of the next annual election.

1.10 Filling of Vacancies, other than Selectmen If there is a failure to elect or if a vacancy occurs in any Town office, other than offices of Selectmen, Town Clerk, Treasurer, Collector of Taxes or Auditor, the Selectmen shall in writing appoint a person to fill the vacancy. If there is a vacancy in a Board consisting of two or more members, except a Board whose members have been elected by a proportional representation under Chapter 54A, the remaining members shall give written notice thereof to the Selectmen who with the remaining members shall, after one week's notice, fill such vacancy by ballot. A majority is necessary. The person elected or appointed shall perform the duties of office until the next Annual Meeting or until another is qualified.

1.11 Removal or Reappointment of Superintendent of Department of Public Works The Selectmen may by majority vote adopt a resolution providing that the Superintendent of Public Works shall not be removed from office or fail of reappointment thereto except by at least a four‑fifths vote of all Selectmen or successor appointing authority, and such resolution, if adopted, shall have the force of law and shall not be repealed or superseded except by at least four‑fifths vote of the Selectmen, as long as this Bylaw remains in effect.

Note: Adopted Art. 14 TM 1/25/1978; App. A.G. 4/13/1978; Adv. Burl. News 4/20, 4/27/1978.

1.12 To maintain public lands not under the jurisdiction of other Town officials or agencies and to dispose of any such lands, that are surplus to the needs of the Town, only in accordance with the following sections:

1.12.1 A current list of all Tax Possession Land shall be maintained and published annually by the Selectmen.

1.12.2 No land shall be sold or disposed of by the Selectmen except after a public hearing and a vote of the Selectmen at a regular meeting.

1.12.2.1 Notice of the public hearing shall be advertised in a local newspaper not less than 30 days prior to the scheduled date of the hearing, and shall include the date, time, place and purpose of the hearing and a description of the land to be considered for sale or disposal.

1.12.2.2 A description of the land to be sold or disposed of shall be sent to the Town Clerk and to all Town officers, committees and agencies not less than 60 days prior to the scheduled date of the hearing.

1.12.2.3 A vote of the Selectmen to sell or dispose of land shall be taken only at a regular meeting of the Selectmen not less than 5 days subsequent to the public hearing, and sale or disposition, if voted, shall take effect 10 days after such vote is recorded and filed with the Town Clerk.

Note: Adopted Art 19 TM 2/20/1974; App. A.G. 3/25/1974; Adv. BTU 4/4, 4/11, 4/18/1974.

1.13 On all collective bargaining negotiations between the Town and any authorized collective bargaining unit, the responsible authority shall invite in an advisory capacity to each negotiating session, representatives of the Personnel Board and Ways and Means Committee. Further, department heads responsible for the employees of the respective bargaining unit shall be appraised in writing of the results of each negotiating session.

Note: Adopted Art. 27 TM 10/15/1975; App. A.G. 2/10/1976; Adv. BTU 2/19, 2/26, 3/4/1976.

2.0 Town Administrator

2.1 The Board of Selectmen of the Town of Burlington, by an affirmative vote of at least four (4) members, shall appoint a Town Administrator for an indefinite term and fix the compensation within the amount annually appropriated for that purpose. The position of Town Administrator shall not be subject to the Bylaws of the Town relative to personnel, nor shall it be included in any certification of any collective bargaining unit.

2.2 The Town Administrator shall be appointed solely on the basis of executive and administrative qualifications and shall be a person of proven professional ability, especially fitted by education, training, and previous experience in municipal administration helpful for the performance of the duties of the office. The person shall not have served in an elective office in or for the Town of Burlington for at least 24 months prior to his appointment. The person shall devote full time to the office and shall not hold any other public office, elective or appointive, nor shall engage in any other business, occupation or profession during the term of office, unless such action is approved in advance, in writing, by the Board of Selectmen. The Town may, from time to time, by Bylaw, establish such additional qualifications it deems necessary and appropriate.

2.3 The Town Administrator shall execute a bond in favor of the Town of Burlington for the faithful performance of his duties in such sum and with such surety or sureties as may be fixed by the Selectmen. The cost of said bond shall be paid by the Town.

2.4 The Town Administrator shall be the chief administration officer of the Town of Burlington with the powers and duties as follows:

2.4.1 Said administration shall be responsible to the Board of Selectmen for the efficient administration and coordination of all matters that come under the jurisdiction of the Board of Selectmen, except as they may affect the accounting and legal departments.

2.4.2 Said administration shall be responsible for the implementation of policies, directives and votes of the Board of Selectmen.

2.4.3 Said administration shall appoint and remove, subject to Chapter 31 of the General Laws, all department heads, all officers and employees who come under the jurisdiction of the Board of Selectmen, except the Town Accountant and Town Counsel. Persons appointed by the administration to any statutory Board, Committee, or Commission must be a resident and a registered voter of the Town of Burlington.

Note: Second sentence adopted 1/14/1991 TM. App. A.G. 3/22/1991. Adv. Burl. News 4/11 & 4/18/1991.

Names of persons appointed by the Town Administrator shall be transmitted in writing to the Board of Selectmen at a meeting duly called and shall become effective on the fifteenth (15th) day following the day on which notice of the appointment is filed with said Board of Selectmen, unless said Board shall, within said period, by a majority, vote to reject any such appointment.

2.4.4 Said administrator shall administer the personnel system of said Town, including, but not limited to, personnel policies and practices; rules and regulations, the personnel Bylaws, negotiation of all collective bargaining agreements, and preparing the salary "Classification Plan" Bylaw amendments for consideration of Town Meeting, if necessary.

2.4.5 Said administrator shall be responsible for the preparation and format of a uniform budget document, which is acceptable to the Ways and Means Committee; for all departments or agencies under the Selectmen's jurisdiction.

2.4.6 Said administrator shall be responsible for the preparation of the annual budget for all town agencies under the jurisdiction of the Board of Selectmen.

2.4.7 With the assistance of the Town Accountant, said administrator shall keep the Selectmen informed as to the financial needs of the Town and shall make such recommendations to the Board of Selectmen as he deems necessary or expedient.

2.4.8 Said administrator shall be responsible for the review of all current Bylaws, regulations and policies that affect the departments and agencies under the jurisdiction of the Board of Selectmen, and shall make such recommendations for changes as he deems necessary.

2.4.9 Said administrator shall see that all provisions of General Laws, Bylaws, and other votes of Town Meeting and votes of the Board of Selectmen which require enforcement, direction and supervision, of the Town Administrator office are faithfully carried out and performed.

2.4.10 Said administrator shall be responsible for the approval of the purchase of all supplies, materials, equipment, central and other services, for all departments or agencies under the jurisdiction of the Board of Selectmen.

2.4.11 Said administrator shall be responsible for the negotiation of all contracts which the Board of Selectmen are authorized by law to enter into. Such proposed contracts shall be subject to final approval and execution by the Board of Selectmen.

2.4.12 Said administrator shall be responsible for the use and maintenance of all Town facilities and equipment under the jurisdiction of the Board of Selectmen and for rentals thereof, when authorized.

2.4.13 Said administrator may, without notice, cause the conduct, while in public office or employment, of any officer or employee, or department, board or commission under the control of said administrator to be examined for malfeasance, misfeasance, or nonfeasance.

2.4.14 Said administrator shall attend all regular and special meetings of the Board of Selectmen, unless requested and allowed to be excused, and shall have a voice, but not vote, in all its discussions.

2.4.15 Said administrator shall attend all sessions of the Town Meeting and shall be available to answer all questions concerning warrant articles which are directed to the office and relate to matters under the person's general supervision.

2.4.16 Said administrator shall perform any other duties required by Bylaw or by a majority vote of the Board of Selectmen.

2.5 The Board of Selectmen, by an affirmative vote of at least four (4) members, may remove the Town Administrator from office. If the Board of Selectmen affirmatively vote to remove the Town Administrator, said board shall give him at least ninety (90) days' notice as to the effective date of his termination, or provide him with ninety (90) days of severance pay, or a combination of both notice and severance pay equivalent to at least ninety (90) days.

2.6 If the office of Town Administrator is vacant, as a result of death, removal, resignation or otherwise, or the Town Administrator is on an extended leave of absence, exceeding two weeks, the Board of Selectmen by an affirmative vote of at least three (3) members, shall appoint a qualified Town Administrative officer or employee to serve as the acting Town Administrator. Said acting Town Administrator shall receive compensation as set by the affirmative vote of at least three (3) Selectmen, but shall not exceed the rate of compensation approved for the administrator being replaced.

2.7 Upon the appointment of a Town Administrator, the office of Executive Secretary to the Selectmen shall be abolished.

Amended under Art. 73, TM 6/16/80. App. A.G. 9/30/80, Adv. Burl News 10/9, 10/16/80.

3.0 Board of Public Works

The Selectmen shall serve as the Board of Public Works.

3.1 The Board of Public Works shall have all the powers and duties now or from time to time vested by General Laws or Special Act in the following Boards, Departments and Offices, or in Boards, Departments and Offices having corresponding powers and duties, to wit: Road Commissioners; Surveyors of Highways, Superintendent of Streets, Water Commissioners, Sewer Commissioners, Municipal Light Board or Commissioners, Park Commissioners, Cemetery Commissioners, Tree Warden, Moth Superintendent and Forestry Department. (Sec. 69D CH. 41 GL)

3.1.1 The Board of Public Works shall have exclusive charge and control of the water and sewer system subject to the Bylaws, instructions and regulations the Town may impose by vote. They shall be responsible for the maintenance of such systems and may establish, relocate and discontinue these systems or any portions thereof. They may regulate the use of water and sewer systems and fix and collect, and prescribe the time and manner of payment of, prices and rates for the use of the systems.

The income of the Water Works shall be appropriated to defray all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued for the purpose of a municipal water supply. If in any year there should be a net surplus remaining after providing for the aforesaid charges for that year, such surplus, or so much thereof as may be necessary to reimburse the Town for monies theretofore paid on account of its Water Department, shall be paid into the Town treasury. If in any year there should be a net surplus remaining after providing for the aforesaid charges and for the payment of any such reimbursement in full, such surplus may be appropriated for such new construction as the Board of Public Works, with the approval of the Town, may determine upon; and in case a net surplus should remain after payment for such new construction the water rates shall be reduced proportionately.

The Board of Public Works shall annually, and as often as the Town may require, render a report upon the condition of the works under their charge, and an account of their doings, including all receipts and expenditures. (Sec. 69B, Ch. 41 GL). The Board of Public Works shall carry out the duties and responsibilities specified in Sections 38 through 42, Chapter 41 of the General Laws, with regard to public water supply.

3.2 The Board of Public Works shall have such additional powers with respect to the collection and disposal of garbage and refuse, the maintenance and repair of Town buildings and property, and the performance of such duties of any other Boards, Departments and Offices of the Town as may be reasonable related to the duties and responsibilities of a Board of Public Works, as the Town may from time to time by Bylaw provide, and other provisions of law to the contrary notwithstanding. (Sec. 69D, Ch. 41 GL).

3.3 The Selectmen shall appoint and fix the compensation of a Superintendent of Public Works, who shall exercise and perform, under the supervision and direction of the Board, such of the powers, rights and duties specified under Sections 3.1 and 3.2 above, as it may from time to time designate. He shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the Board (Sec. 69E, Ch 41 GL).

3.3.1 He shall be specially fitted by education, training and experience to perform the duties of the office and may or may not be a resident of the Town. During his tenure, he shall hold no elective or other appointive office, nor shall engage in any other business or occupation (Sec. 69E, Ch. 41 GL).

3.3.2 He shall give to the Town a bond with a surety company authorized to transact business in the Commonwealth as surety, for the faithful performance of his duties, in such sum and upon such conditions as the Board may require (Sec. 69E, Ch. 41 GL).

3.3.3 He shall, subject to the approval of the Board, appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require (Sec. 69E, Ch 41 GL).

3.3.4 He shall keep full and complete records of the doings of his office and render to the Board as often as it may require a full report of all operations under his control during the period reported upon; and annually, and from time to time as required by the Board, he shall make a synopsis of such reports for publication. He shall keep the Board fully informed as to the needs of the Town within the scope of his duties, and shall furnish to the Board each year upon its request a carefully prepared and detailed estimate in writing of the appropriations required during the next succeeding fiscal year for the proper exercise and performance of all his powers, rights and duties (Sec. 69E, Ch. 41 GL).

3.4 Department of Public Works ‑ The Superintendent of Public Works shall establish and staff with qualified personnel a Department of Public Works which shall implement the general and specific directions of the Board of Public Works.

3.4.1 The Department of Public Works shall include the following Divisions: Engineering, Highway, Cemetery, Water and Sewer, and Central Maintenance.

3.4.2 In addition to the above-listed Divisions, the Superintendent of Public Works shall directly supervise the operation and personnel of the Inspection, Moth, Tree, Building and Property Maintenance Departments.

3.4.3 Each Division of the Department of Public Works, with the exception of the Engineering Division, shall be supervised by an Asst. Superintendent who shall implement the general and specific directives of the Superintendent with regard to his specific Division.

3.4.4 The Engineering Department shall be supervised by the Town Engineer who shall provide engineering information studies and reports as required by the Superintendent of Public Works.

3.4.5 The Inspection Department shall include inspectors qualified to secure proper construction and installation of electric, gas, plumbing, heating, air conditioning, water supply, sewer, street construction and drainage works in compliance with accepted practice and applicable codes and regulations. An inspector may, if qualified, provide services in two or more of these categories.

Note: Section 3.4.1 adopted under Art. 51 TM 6/6/1979. App. A.G. 10/9/1979; Adv. Burl. News 10/18, 10/25/1979. Amended Art. 25 TM 1/12/1987; App. A.G. 4/8/1987; Adv. Burl News 4/16, 4/23/1987.

Section 3.4.3 and 3.4.4 amended Art. 25 TM 1/12/1987. App. A.G. 4/8/1987, Adv. Burl. News 4/16, 4/23/1987.

3.4.6 The Superintendent of Public Works shall act as and perform the duties of Moth Superintendent and Tree Warden and shall be responsible for the maintenance and repair of all Town buildings and property other than schools, libraries, housing projects and fire stations.

3.4.7 Highway Division The Assistant Superintendent for Highways shall be specially fitted by education and experience to supervise the maintenance of Town streets and related structures and to coordinate construction projects by private contractors. He shall exercise direct control over the personnel, equipment and buildings of the Highway Division, and shall supervise rubbish and garbage collection, snow removal and other services being provided by private contractors on Town streets.

3.4.8 Cemetery Division The Asst. Superintendent of Cemeteries shall be specially fitted by education and experience to supervise the maintenance and administration of Town Cemeteries.

3.4.9 Water and Sewer Division The Asst. Superintendent shall be specially fitted by education and experience to supervise the maintenance of water and sewer structures and installations and to coordinate water and sewer construction projects by private contractors. He shall exercise direct control over the personnel equipment and buildings of the Water & Sewer Division.

3.4.l0 Central Maintenance Division The Asst. Superintendent shall be specially fitted by education and experience to supervise repair and maintenance of Town-owned equipment, both gasoline and diesel powered and maintain proper records of the repairs and maintenance performed on all equipment for which he is responsible.

Note: Adopted Art. 5l, TM 6/6/1979. App. A.G. 10/9/1979, Pub. Burl News 10/18, 10/25/1979.

4.0 Board of Registrars

There shall be a Board of Registrars consisting of three members and the Town Clerk, ex‑officio. One member shall be appointed by the Selectmen annually for a three-year term. Members shall equally represent the two leading political parties. Vacancies due to death, resignation, change of party, retirement or absence shall be filled by the Selectmen.

4.1 Organization

4.1.1 The Town Clerk shall be clerk to the Board, shall keep complete records of proceedings and shall publish all notices of the Registrars.

4.1.2 A person appointed assistant registrar must be a voter and cannot hold an elected or appointed office in the Town, the State or County except as a justice of the peace, notary public or officer of the state militia.

4.2 Duties

4.2.1 The Board may appoint assistant registrars to assist in the listing of persons seventeen (17) years old or older.

4.2.2 The Board shall register all persons eligible to vote in accordance with Ch. 51, Sections 26‑54, 59, GL.

4.2.3 The Registrars shall publish voting lists by precincts no later than July 15th of State election years. Supplementary lists shall be published at least 30 days prior to any Town or State election. Copies shall be available at no charge and upon request to all candidates for public office and all duly organized political committees and for use at all Town Elections and Town Meetings.

4.2.4 The Registrars shall provide voting lists to the Selectmen upon request for the purpose of dividing the Town into new precincts.

4.2.4.1 Precincts Division Voted that the Board of Selectmen be directed to prepare a division of the Town into convenient voting precincts, per provisions of GL (ter.ed) Ch. 54, Sec. 6.

Note: Adopted Art. 3 at Special TM 11/14/1960.

4.2.5 At least twenty (20) days before the Annual Town Election and sixty (60) days before the State election, The Board shall post the voting lists in its principal office and at one or more public places in each precinct.

4.2.6 Within seven days after the close of registration, the Clerk shall notify the Secretary of this Commonwealth of the certified number of voters in each precinct and in the Town along with the offices to be filled at the election.

4.2.7 The Board shall certify each name on all nomination papers and petitions submitted to them.

4.2.8 The Board shall examine, upon request for a recount, all ballots as required by the General Laws.

4.2.9 The Board shall certify all ballots and perform other such duties required in the General Laws.

5.0 Legal Department

The Selectmen shall annually appoint legal counsel for the Town. Such legal counsel may be an individual or a firm employing two or more attorneys and shall be hereinafter called Town Counsel.

5.1 Individual Town Counsel and each member of a firm who is delegated to represent or advise the Town or a Town Officer shall possess the following minimum qualifications:

5.l.l A law degree from an accredited institution.

5.l.2 Five years' experience in the practice of law, but the Selectmen may permit attorneys with less than five years' experience to represent or advise the Town if they are subject to the direct supervision of Town Counsel meeting all qualifications of this section.

Note: Adopted Art. 52 TM 6/6/1979. App. A.G. 10/9/1979, Pub. Burl News 10/18, 10/25/1979.

5.l.3 Membership in the Massachusetts Bar.

5.l.4 Other qualifications that the Selectmen may require.

5.2 Responsibilities of Town Counsel shall include but not be limited to the following:

5.2.l Draft all legal instruments and do every professional act required of him by vote of the Town or any Board of the Town.

5.2.2 Furnish a written legal opinion on any question that may be submitted to him by vote of the Town or any Board of the Town, but no requests for any opinion from any Board of the Town shall be made except through the Board of Selectmen.

5.2.3 Assist any officer of the Town in the interpretation of his official duties and responsibilities, but no such officers shall request the opinion or advice of Town Counsel except through the Board of Selectmen.

Note: The above two sections amended under Art. 5l of Warrant for Annual Town Meeting 3/4/1972. App. by A.G. 9/1/1972. Pub. BTU 9/14, 9/21, 9/28/1972.

5.2.4 Prosecute all suits ordered to be brought by the Town or the Selectmen. Appear at any court in the Commonwealth in defense of all action or suits brought against the Town or its officers in their official capacity upon request by the Official, Board, or Committee, to whom the suit is directed. Any action brought against the Town in its corporate capacity shall for the purpose of this paragraph, be deemed to be directed to the Board of Selectmen.

Represent the Town before any tribunal, whether in law or in equity, in the Commonwealth, or before any Board of Referees or Commissions, and appear at any and all hearings in behalf of the Town.

Note: Amend. Art. 23, TM 1/26/1977. App. A.G. 4/21/1977. Pub. Burl. News 5/12, 5/19/1977.

5.2.4.1 When the Town Moderator is authorized by any vote of the Town Meeting to direct and control the expenditure of funds appropriated for the prosecution or defense, by intervention if appropriate, of civil litigation in his own name or in the name of the Town or of the Town Meeting, he, the Town or the Town Meeting may retain counsel other than duly appointed Town Counsel for this purpose and make such fee arrangement with said counsel as the Moderator or the Town Meeting shall deem appropriate. But the vote of Town Meeting to retain counsel in such case shall preclude or supersede, as the case may be, the selection of counsel by the Moderator.

Note: Amend. Art. 13, TM 1/10/1983. App. A.G. 3/22/1983. Adv. Burl News 3/31 & 4/7/1983.

5.2.5 Attend the first session of all regular and special Town Meetings and attend subsequent sessions of Town Meeting upon at least 24 hours notice from the Town Clerk that a majority of Town Meeting Members present and voting have requested Counsel's presence at said session. A motion by a Town Meeting Member to request the presence of Town Counsel at any session shall take precedence over any other motion. This motion is a debatable motion.

Note: Amended Art. 22 TM 10/15/1975. App. A.G. 1/26/1976. Pub. BTU 1/29, 2/5, 2/12/1976.

5.2.6 Submit to the Selectmen a written annual report which shall contain information relative to:

5.2.6.1 Legal transactions and litigation completed or in process, involving the Town.

5.2.6.2 Legal opinions given during the year.

5.2.6.3 Potential legal problems.

5.2.6.4 Any other legal matters of concern to the Town.

5.3 The Legal Department shall be subject to the constraints of General Laws, Chapter 44, Section 31.

Note: Adopted Art. 32 TM 10/15/1975; App. A.G. 1/26/1976, Pub. BTU 1/29, 2/5, 2/12/1976.

6.0 Town Accountant

There shall be a Town Accountant appointed by the Selectmen for a term of three years. He shall be sworn to the faithful performance of his duties and shall hold no other Town office involving the receipt or disbursement of money. The Town Accountant shall be a member ex‑officio of any Board or Committee appointed to plan a project involving the borrowing of money.

6.1 The Town Accountant shall keep a record of each appropriation, each expenditure and each item of income.

6.2 The Town Accountant shall receive and examine all approved bills and payrolls of Town Officers authorized to expend money and, if in order, draw a warrant upon the Treasury, payment subject to the approval of the Selectmen.

6.3 The Town Accountant shall have custody of all contracts of the Town, shall keep a register of the sureties on all bonds of indemnity given to the Town and shall keep a detailed record of Town debt, including purpose, when incurred, when due, rate of interest and provisions for payment.

6.4 The Town Accountant shall make an annual report to the Selectmen stating receipts and expenditures of the Town for the past financial year and debt charged, incurred or unpaid at the end of the financial year.

6.5 The Town Accountant shall perform the duties and possess the powers of a Town Auditor.

6.5.l He shall annually examine the books and accounts of all officers and trustees charged with the receipt and expenditures of money, all original bills and vouchers on which money has been or may be paid and shall certify in the Annual Town Report the verification of all accounts and cash balances.

6.5.2 He shall receive, from any officers of the Commonwealth or of a county, city, town or district, who makes payment of public money to the Town Treasurer, a written statement of the amount of the payment, the date and purpose.

6.5.3 He shall annually before February 1st, notify the Assessors of the total receipts of the preceding financial year, from all sources other than taxes, loans and trust funds.

Note: Adopted Art. 2 Spec. TM 6/25/1969. App. A.G. 1/21/1970. Pub. BTU 12/19, 12/26/1970.

7.0 Fire and Police Departments

7.l Fire Department In accordance with a vote of the Town on March 7, l932, there shall be a Fire Department established and maintained as provided by Sections 42A, 43 and 44 of Chapter 48 of the General Laws. The Chief and regular or permanent members of the Fire Department were placed under Civil Service laws by vote of the Town on March 1, l954.

Chapter 48 ‑ Sections 42A, 43, 44 ‑ General Laws

Section 42A ‑ Establishment of Certain Fire Departments in Towns

There shall be a fire department established under the direction of the selectmen, who shall appoint a chief of the fire department and such other officers and firemen as they deem necessary, and fix their compensation in an amount not in the aggregate exceeding the annual appropriation therefor. The selectmen may make suitable regulations governing the fire department and the officers and firemen thereof, and in towns which are not subject to Chapter 31 may remove the chief and other officers and firemen at pleasure. The chief of the fire department shall be in immediate control of all town property used by the department, and of the officers and firemen, who shall obey his orders.

Note: Adopted under Article 45 ‑ May 24, l982.

Section 43 ‑ Duties of fire chief; role of forest warden. The chief of the fire department shall act as forest warden in such towns and shall have authority to appoint deputy wardens and fix their compensation subject to the approval of the selectmen.

Section 44 ‑ Application of sections establishing a fire department and appointing and defining duties of fire chief. The two preceding sections shall not affect the tenure of office nor apply to the removal of permanent and call members of the fire department in towns which have accepted Chapter 31 or corresponding provisions of earlier laws. Said section shall not apply to cities.

Section l00, Chapter 4l, GL ‑ Indemnification

Section lllA, Chapter 4l, GL ‑ Vacations. Accepted Article 8 7/31/1950.

Section 6B, Chapter 40, GL ‑ Providing of Uniforms. Accepted Article 19 3/3/1952.

Civil Service Status‑Fire Department. Authorizing Act by General Court, 1953. Referendum Voted 3/1/1954.

Section 89B, Chapter 32, GL ‑ Payment of Death Benefits. Accepted Article 34 4/1/1957.

Section 111D, Chapter 41, GL ‑ Vacations. Referendum Voted 3/3/1958.

Section 58C, Chapter 48, GL ‑ Overtime Remuneration or Compensatory Time Off. Accepted Article 12 3/24/1958.

Section 57E, Chapter 48, GL ‑ Remuneration for Holidays, Chief. Accepted Article 38 4/6/1966.

Section 57D, Chapter 48, GL ‑ Time off or Remuneration. Accepted Article 39 4/6/1966.

Section 58D, Chapter 48, GL ‑ 42‑Hour Week. Referendum Voted 3/1/1969.

Section 42A, Chapter 48, GL ‑ Weak Chief. Accepted Article 45 5/24/1982.

7.2 Police Department

In accordance with a vote of the Town on March 3, 1941, there shall be a Police Department established and maintained as provided in Section 97 of Chapter 41, GL, under the direction of a Police Chief appointed by the Selectmen.

Chapter 41 ‑ Sections 96A, 96B, 97, 98, 98A, 99, 99A, l00 GL Section 96A No person who has been convicted of any felony shall be appointed as a police officer of a city, town, or district.

Section 96B ‑ Every person who receives an appointment as a regular police officer on a permanent full‑time basis in any city or in any town having more than five thousand inhabitants shall, within six months of the date of his appointment, be assigned to and shall attend a police training school approved by the municipal police training council for a course of study lasting at least six weeks and shall satisfactorily complete such course.

Any police officer attending such school shall be paid his wages as police officer. He shall also receive such reasonable expenses as may be determined by the appointing authority. Any police officer who through his own fault fails to complete his course of study satisfactorily shall be removed from the police force.

Section 97 In towns which accept this section or have accepted corresponding provisions of earlier laws there shall be a police department established under the direction of the Selectmen, who shall appoint a chief of police and such other police officers as they deem necessary, and fix their compensation in an amount not in the aggregate exceeding the annual appropriation therefor. The selectmen may make suitable regulations governing the police department and the officers thereof, and in towns which are not subject to provisions of Chapter 31 to the contrary may remove the chief and other officers at pleasure.

The chief of police shall be in immediate control of all town property used by the department, and of the police officers, who shall obey his orders.

Section 98 The chief and other police officers of all cities and towns shall have all the powers and duties of constables except serving and executing civil process. They shall suppress and prevent all disturbances and disorder. They may carry within the commonwealth such weapons as the chief of police or the board or officer having control of the police in a city or town shall determine; provided, that any law enforcement officer of another state or territory of the United States may, while on official business within the commonwealth, carry such weapons as are authorized by his appointing authority. They may examine all persons abroad whom they have reason to suspect of unlawful design, and may demand of them their business abroad and wither they are going; may disperse any assembly of three of more persons; and may enter any building to suppress a riot or breach of peace therein. Persons so suspected who do not give a satisfactory account of themselves, persons so assembled and who do not disperse when ordered, and persons making, aiding and abetting in a riot or disturbance may be arrested by the police, and may thereafter be safely kept by imprisonment or otherwise unless released in the manner provided by law, and taken before a district court to be examined and prosecuted.

If a police officer stops a person for questioning pursuant to this section and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If he finds such weapon or any other thing the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall return it, if lawfully possessed, or he shall arrest such person.

Section 98A ‑ A police officer of a city or town who is empowered to make arrests within a city or town may, on fresh and continued pursuit, exercise such authority in any other city or town for any offense committed in his presence within his jurisdiction for which he would have the right to arrest within his jurisdiction without a warrant. Said officer may return any person so arrested to the jurisdiction wherein said offense was committed.

Nothing contained in this section shall be construed as limiting the powers of a police officer to make arrests and insofar as possible, this section shall be deemed to be declaratory of the common law of the Commonwealth.

Section 99 The mayor, selectmen, chief of police, or person however designated having the duties of a chief of police, or, in the absence of the chief of police, or person however designated having the duties of a chief of police, the commanding officer, may upon the request of the mayor, selectmen, chief of police, or person however designated having the duties of a chief of police, or in the absence of the chief of police or person however designated having the duties of a chief of police, the commanding officer of any other city or town, provide police officers, who shall have the authority of constables and police officers within the limits of such city or town, except as to the service of civil process, and, while exercising such authority within such limits, shall have the same immunities and privileges as when acting within their respective cities and towns; and the city or town providing said officers shall be entitled to receive from such city or town the amount paid to them for their service, including their necessary traveling expenses.

Section 99A ‑ In any city or town which accepts this section, the members of the regular police department of said city or town who have been members of said department for at least five years may reside outside said city or town; provided, they reside within the commonwealth and within ten miles of the limits of said city or town.

Section 100 ‑ Upon application by a fire fighter or police officer of a city, town or water district, or in the event of the physical or mental incapacity or death of such fire fighter or police officer, by someone on his behalf, the board or officer of such city, town or district authorized to appoint fire fighters or police officers, as the case may be, shall determine whether it is appropriate under all the circumstances for such city, town or district to indemnify such fire fighter or police officer for his reasonable hospital, medical, surgical, nursing, pharmaceutical, prosthetic and related expenses incurred as the natural and proximate result of an accident occurring, or of undergoing a hazard particular to his employment, while acting in the performance and within the scope of his duty without fault of his own. If such board or officer determines that indemnification is appropriate, such board or officer shall certify for payment, either directly or by way of reimbursement, by such city, town or district, in the same manner as a bill lawfully incurred by such board or officer but out of an appropriation for the purposes of clause (32) of Section 5 of Chapter 40, such of said expenses as may be specified in such certificate. Whenever such board or officer denies an application in whole or in part, such board or officer shall set forth in writing its or his reasons for such denial and cause a copy thereof to be delivered to the applicant. At any time within two years after the filing of an application as aforesaid, an applicant aggrieved by any denial of his application or by the failure of such board or officer to act thereon within six months from the filing thereof may petition the superior court in equity to determine whether such board or officer has without good cause failed to act on such an application or, in denying the application, in whole or in part, has committed error of law or has been arbitrary or capricious or has abused its or his discretion, or otherwise has acted not in accordance with law. After due notice and hearing, such court may order such board or officer to act on such application or to consider, or further consider, and determine the same in conformity with law.

A city, town or fire or water district shall further indemnify a fire fighter or police officer, or in the event of the death of such fire fighter or police officer, his estate, to an amount not more than the amount recommended by such board or officer, for expenses or damages incurred by such fire fighter or police officer in the defense of settlement of an action brought against him for acts done by him while acting as a fire fighter or police officer. No city or town or any fire or water district shall indemnify under this paragraph if insurance providing indemnity for, or protection to, such fire fighter or police officer was in effect under authority of clause (1) of Section 5 of Chapter 40 at the time when the expenses or damages for which indemnification is sought were sustained, unless and until all rights under such insurance in favor of such city, town or fire or water district shall have been exercised, determined and satisfied.

For the purposes of this section, call firemen and volunteer firemen shall be considered fire fighters. This section shall be construed to require a city, town or district to indemnify, in the manner and to the extent herein provided, any fire fighter or police officer who is assigned to special duty by a superior officer for expenses or damages sustained by such fire fighter or police officer in the performance of such duty, whether or not he is paid for such special duty by the city, town or district, or otherwise. This section shall also be construed to require a city, town or fire or water district to pay compensation, in the manner herein provided, for damages, including loss of pay, for personal injuries, whether or not death results, and for property damage sustained by a person while assisting a police officer thereof in the discharge of his duty upon his retirement, and to require a city, town or fire or water district to indemnify in the manner herein provided a person required to assist a police officer in the performance of his duty for expenses or damages incurred by such person in the defense or settlement of an action against him for acts done by him while so assisting such police officer.

In any town which by Bylaw shall so provide, the powers vested and duties imposed by this section upon the board or officer authorized to appoint fire fighters in such town shall be exercised and performed by a majority of the members of a panel consisting of (a) such officer or chairman of such board, (b) the town counsel or other officer having similar duties, or a person designated in writing by such counsel or officer to act for him, and (c) such physician as the Board of Selectmen shall in writing appoint.

Section 97, Chapter 41, GL ‑ Establishment and Maintenance of Police Department. Accepted 3/3/1941.

Civil Service Status for Chief and all regular or permanent members of Burlington Police Force Authorizing Act by General Court 1948. Referendum Voted 2/7/1949.

Section 111A, Chapter 41, GL ‑ Vacations. Accepted Art. 8 7/31/1950.

Section 6B, Chapter 40, GL ‑ Providing of Uniforms. Accepted Art. 19 3/3/1952.

Section 16C, Chapter 147, GL ‑ Five‑day Week Referendum 3/1/1954.

Section 89B, Chapter 32, GL ‑ Payment of Death Benefits. Accepted Art. 34 4/1/1957.

Section 111D, Chapter 41, GL ‑ Vacations Referendum. Accepted 3/3/1958.

Section 17C, Chapter 147, Compensatory Time Off or Remuneration. Accepted Art. 12 6/23/1958.

Section 53C, Chapter 262, Compensatory Time Off or Remuneration. Accepted Art. 13 6/23/1958.

Section 17A, Chapter 147, Compensatory Time Off or Remuneration. Accepted Art. 45 4/6/1966.

Section 57F, Chapter 48, GL ‑ Remuneration, Chief. Accepted Art. 46 4/6/1966.

8.0 Animal Control Officer and Pound

The Selectmen shall annually appoint a Animal Control Officer, who shall be a resident of the Town. The Animal Control Officer shall be chief of the Canine Department, which is hereby declared to be a principal department of the Town.

Note: Amended Art. 2, TM 2/20/1974. App. A.G. 3/25/1974. Adv. BTU 4/4, 4/11, 4/18/1974.

8.1 The Animal Control Officer shall ensure that all dogs are licensed and investigate all dog complaints by residents of the Town.

8.2 All dogs not licensed ten days after the first day of June of each year are to be caught and confined by the Animal Control Officer, who shall prosecute a complaint against the owners. All such dogs are to be kept in a sanitary place, a licensed kennel or by the SPCA, and may be sold or otherwise disposed of, if not claimed within ten days by the owner.

Note: Adopted Art. 2 Spec. TM 6/26/1969; App. A.G. 1/21/1970; Adv. BTU 2/12, 2/19, 2/26/1970.

8.3 The Board of Selectmen may from time to time adopt a general order to the Animal Control Officer, the Constables or the Chief of Police of the Town of Burlington to catch and confine dogs running at large in the Town or any part thereof, and such an order may make such provision for the keeping or disposing of such dogs as the Selectmen shall deem appropriate in the circumstances.

Note: Adopted Art. 2 TM 6/19/1972; App. A.G. 9/22/1972; Adv. Burl. News 10/26, 11/2, 11/9/1972.

9.0 Fees - Building Department Effective January 1, 1992

9.1 Fees for Building Permits

The Board of Selectmen may from time to time adopt and amend a schedule of fees for building permits, inspections, plan reviews and services and activities required or regulated by the Massachusetts State Building Code or by the Bylaws of the Town of Burlington.

9.2 Building Department Rules and Regulations in Relation to Permit Fees

The Board of Selectmen may from time to time adopt or amend rules and regulations governing the activities and policies of the Building Department.

Note: Amended Art. 9 TM 9/16/1991; App. A.G. 11/26/1991; Adv. Burl. News 12/5/1991, 12/12/1991.

10.0 Fee Schedule - Weights and Measures

BALANCES AND SCALES
With capacity of over 10,000 lbs	$50.00
With capacity of 5,000 to 10,000 lbs.	30.00
With capacity of 1,000 to 5,000 lbs.	20.00
With capacity of 100 to 1,000 lbs.	10.00
With capacity of more than 10 lbs. and less than 100 lbs.	6.00
With capacity of 10 lbs. or less	5.00

WEIGHTS
Avoirdupois	.50
Metric	.50
Apothecary	.50
Troy	.50

LIQUID MEASURING METERS
Gasoline	8.00
Diesel	8.00
Kerosene	8.00

LINEAR MEASURES
Taxi Meter	8.00
Fabric Measuring	5.00
Wire‑Rope‑Cordage	5.00
Tapes	l.00

ADJUSTMENT FEES
Per Device	1.00

Note: Adopted Art. 7, TM 1/11/1993; App. A.G. 3/22/1993. Adv. Burl. News 3/17, 3/24/1993.

11.0 Fees - Automatic Devices Licenses

Annual fee for any automatic amusement device or any renewal thereof

30.00

Note: Adopted Art. 28, TM 5/18/1994; App. A.G. 7/26/1994; Published Burlington Union 8/4, 8/11/1994.

12.0 Pollworker Appointments

No person, except the Town Clerk and the Moderator, shall be appointed to work at the polls as a Teller, Warden, or in any official capacity, in any election in which a member of his or her immediate family is a candidate for office. Immediate family shall comprise a father, mother, brother, sister, husband, wife, son, daughter.

Note: Adopted Art. 5 Spec. TM 9/28/1954. App. A.G. 11/19/1954. Pub. 12/1 12/2, 12/3/1954.

ARTICLE V AUTHORITIES, COMMISSIONS, AND COMMITTEES

1.0 Town Administrator Appointments

1.1 Conservation Commission

Voted that the Town accept the provisions of General Laws, Chapter 40, Section 8C as amended, and establish a Conservation Commission of the Town of Burlington for the purposes and with the rights and duties provided by law, to be composed of seven residents of the Town appointed by the Selectmen for the terms of three years except that the initial appointments shall be one for one year, two for two years, and two for three years, and there be established a Conservation Fund.

Note: Adopted Art. 19 Spec. TM 11/17/1965. Amended Art. 49 TM 4/3/1967.

1.2 Historical Commission

Voted that the Town adopt the provisions of Section 8D of Chapter 40 of the General Laws relating to the establishment of an Historical Commission, said Commission to consist of five members to be appointed by the Board of Selectmen, said Commission to be established for the preservation, promotion and development of the historical assets of the Town; said Commission to have and exercise the powers and duties contained in said Section 8D of Chapter 40 of the General Laws.

Note: Adopted Art. 20 Spec. TM 6/8/1966.

1.3 Consumer Advisory Commission

A Consumer Advisory Commission is hereby established in the Town of Burlington pursuant to Section 8F of Chapter 40 of the General Laws.

The Commission shall consist of three members appointed by the Board of Selectmen and shall serve without compensation. Initially, one member shall be appointed to serve for one year, one member to serve for two years and one member to serve for three years. Upon the expiration of the initial terms, each person appointed shall serve for a term of three years.

The duties and functions of this Commission shall be those set forth in Section 8F of Chapter 40 of the General Laws.

Note: Adopted Art. 32 Spec. TM 11/10/1971. App. by reason of the A.G.'s failure to act within 90 days of submission. Pub. BTU 3/30, 4