Section 1. Notwithstanding the provisions
of any general or special law to the contrary the county of Barnstable shall
be governed by the provisions of the following revised home rule charter.
If this act is accepted by the voters of Barnstable county at the state election
held in the current year the county of Barnstable shall thereafter be governed
by the provisions of this act: to the extent that the provisions of this
act modify or are otherwise inconsistent with any special or general law
the provisions of this act shall govern. This charter shall become
effective upon its passage. In the event that this charter is not approved
by a majority of voters voting thereon, the Barnstable County Home Rule Charter
as described in chapter 163 of the acts of 1988 and chapter 716 of the acts
of 1989 and chapter 2 of the acts of 1990 shall remain in full force and
effect. For the revisions to the charter, and the transitional and
contingency components, that require ratification by the State legislature,
if so approved by the legislature, the projected effective date is July first,
two thousand-one.
Barnstable County Home Rule Charter
PREAMBLE
We the people of Barnstable county, in order to gain for
ourselves and for our communities, all of the rights, powers, privileges,
duties and obligations which may now or in the future be derived from a regional
government providing extensive services to its region known as Barnstable
County and being fiscally sound, do reestablish for ourselves and for our
communities the means and the structure to deal with regional issues which
transcend the existing boundaries of municipal governments. This revised
home rule charter for Barnstable county places the power and responsibility
to deal with the unique problems of Barnstable county in a regional government
directly responsible to the people of Barnstable county. We do hereby
ratify, approve and affirm the following as the revised home rule charter
of Barnstable county.
ARTICLE 1 -- INCORPORATION AND POWERS
Section 1 - 1. Incorporation.
Barnstable county, within the
corporate limits established by law, shall be known as the Cape Cod regional
government, known as Barnstable county. The Cape Cod regional government
shall continue to be a body politic and corporate for the purposes of suit,
of buying and holding, for regional uses, personal estate and land
lying therein, and of contracting and doing other necessary acts relative
to its property and affairs. Cape Cod regional government, known as
Barnstable county, shall retain all of the powers granted to Barnstable county.
Section 1 - 2. Short Title.
This instrument shall be known
and may be cited as the Barnstable county home rule charter.
Section 1 - 3. Powers of the Cape Cod regional government, known as
Barnstable county.
Subject only to express limitations
on the powers which may be exercised by a county government in the constitution
or laws of the commonwealth, it is the intention and the purpose of the voters
of Barnstable county in approving this charter to obtain for the regional
government all of the powers it is possible for a county and/or regional
government to have, to hold and to exercise under the constitution and laws
of the commonwealth as fully and as completely as if each such power were
specifically and individually enumerated in this charter.
It is the intent of this charter
to encourage a continuing review to be made of the functions being performed
by the Cape Cod regional government and to enable the regional government
of Cape Cod to cause any duty that has been mandated to it, by law or otherwise,
to be performed in the most efficient and expeditious manner possible, and
without regard to the organization structural or personnel provisions contained
in any prior law or laws.
Section 1 - 4. Construction.
The grant of powers under this
charter is to be construed as broadly as is consistent with the constitution
and the laws of the commonwealth relating to local government. Based
upon the need to develop effective services to meet problems which cross
municipal boundaries, to provide sophisticated services which might be beyond
the ability of a single community to support and a desire to obtain the efficiencies
and economies of scale, this charter shall be construed as intended to give
to the Cape Cod regional government the power and the authority to establish
programs and to perform any service, activity or undertaking for, or on behalf
of, any governmental unit which said governmental unit has the legal authority
to perform for itself, as such said governmental unit has the legal authority
to perform for itself, as such governmental unit may itself determine is
in its own best interest to cause the Cape Cod regional government to perform
for it, with it, or in its behalf, on a contractual basis, or otherwise.
Nothing in this charter shall
be construed to impair, diminish or infringe upon the powers or duties of
cities and towns under the General Laws. It is the intent of this charter
to permit, enable or otherwise authorize cities and towns to employ services
and facilities of or under the Cape Cod regional government when said cities
and towns deem it desirable so to do for more effective, efficient or adequate
provision of services. Cities and towns are and shall remain the broad
repository of local police power in terms of the right and power to legislate
for the general health, safety and welfare of their inhabitants.
Section 1 - 5. Intergovernmental Relations.
The Cape Cod regional government may enter into
agreements with any other governmental unit, or group of such units, within
or without the county, without regard to whether a governmental unit is a
city, a town, a regional authority or a special district, to perform for
it, with it, or in behalf of such governmental unit any service, activity
or undertaking which such governmental unit is authorized to perform for
itself. The Cape Cod regional government may become the agent
for any other unit or units of government including the United States and
the commonwealth, in the performance of any and all functions, services,
activities and undertaking for which the contracting unit determines to employ
the county as its agent.
The Cape Cod regional government
shall not perform any service for a governmental unit outside of its political
boundaries unless authorized to do so by the governing body of the county
within which such governmental unit is located.
Nothing in this section shall be construed to prohibit the Cape Cod regional
government from performing services jointly with, or for, or in cooperation
with another county, by contract or otherwise.
Section 1 - 6. Cape Cod Regional Government Powers, Generally.
Without intending to limit the generality of powers
of the Cape Cod regional government as stated in section 1 - 3 of this
charter, the following specific powers shall be available to the Cape
Cod regional government:
(a) Through the adoption, amendment or repeal of ordinances,
or the provisions of an Administrative Code, to organize and regulate its
internal affairs; create, alter and abolish agencies, offices, positions
and employments and define the powers, duties, responsibilities and function
thereof; establish qualification for persons holding offices, positions and
employment provide for the manner of appointment and removal and the salary
or other compensation to be paid.
(b) Adopt, amend, enforce and repeal ordinances and resolutions
as provided in Article 2 and subject to the provisions for initiative and
referendum as contained in Article 7.
(c) Construct, acquire, operate and maintain public improvements,
projects or enterprises for any public purpose subject to such restrictions
and limitations as are otherwise provided by law.
(d) Exercise powers of eminent domain, borrowing and taxation
to the extent authorized by this charter and by law.
(e) Exercise all powers of a regional government
in such manner as the regional governing body shall determine, subject
to rights of initiative and referendum, contained in Article 7.
(f) Sue and be sued; have a corporate seal; contract and
be contracted with; buy, sell, lease, hold and dispose of real and personal
property; appropriate and expend funds for county purposes.
(g) Contract with or sign agreements with other governmental
units for the provision of a joint, coordinated or cooperative service or
function.
ARTICLE 2 -- LEGISLATIVE BRANCH
Section 2 - 1. Composition, Mode of Election, Term of Office.
(a) Composition - The legislative powers of the Cape
Cod regional government shall be exercised by an assembly of delegates consisting
of fifteen members. One member of the assembly of delegates shall be
elected by and from the voters in each of the municipalities of Barnstable
county.
(b) Eligibility - Any voter of the municipality from which
election is sought shall be eligible to hold the office of delegate who at
the time of election has been a resident of Barnstable county for a period
of one year or more. A delegate who during a term of office moves from
the municipality from which elected shall forthwith be deemed to have resigned
and the office shall be declared vacant by the remaining members of the assembly
of delegates.
(c) Election and Term - Delegates shall be elected for
terms of two years each at the biennial state election. The term of
office for delegates shall begin on the first business day in January in
the year following the year in which elected and shall continue until their
successors have been chosen and qualified.
Section 2 - 2. Organization; Speaker; Deputy Speaker; Clerk.
(a) Organization - The assembly of delegates shall meet
on the first business day in January of each odd numbered year for the purpose
of organization. They shall be called to order by the member present
who is senior in years of service as a member of the assembly of delegates,
who shall preside; if two or more members have equal lengths of service the
member present senior in both age and years of service shall preside.
The assembly of delegates shall then elect, from their own number, a speaker
and a deputy speaker and it shall also elect a person not a member of the
assembly of delegates to serve as clerk of the assembly of delegates.
The vote to elect such officers shall require the affirmative votes of delegates
representing a majority of towns of Barnstable county.
(b) Speaker - The Speaker shall preside at all meetings
of the assembly of delegates, regulate the proceedings and decide all questions
of order and shall have the same right to vote on any matter coming before
the assembly of delegates as any other member. The Speaker shall have
such other powers, duties and responsibilities as may be provided by this
charter, by ordinance or by other vote of the assembly of delegates.
(c) Deputy Speaker - The deputy speaker shall serve as
speaker during the absence or disability of the speaker and shall have such
other powers, duties and responsibilities as may be provided by this charter,
by ordinance or by other vote of the assembly of delegates.
(d) Clerk of the Assembly of Delegates - The clerk of the
assembly of delegates shall give notice of all meetings of the assembly of
delegates to its members and to the public, keep a journal and other records
of all of its proceedings and perform such other duties as may from time
to time be assigned to the office by this charter, by ordinance, or by other
vote of the assembly of delegates. The clerk of the assembly of delegates
may be the county clerk. The clerk of the assembly shall be deemed
a Cape Cod regional government employee and shall not be considered
an elected official.
Section 2- 3. Compensation.
The assembly of delegates may, by ordinance, establish
an annual salary for its members. No ordinance increasing such salary
shall be effective however unless it has been adopted during the first fifteen
months of the term for which delegates are elected and it provides that the
salary is to become effective at the commencement of the term of the next
assembly of delegates to be elected.
Section 2 - 4. Powers and Duties, In General.
Except as is otherwise provided
by law, or this charter, all legislative powers of the Cape Cod regional
government shall be vested in the assembly of delegates which shall provide
for the exercise of all powers and the performance of all duties imposed
upon the county in a manner consistent with the provisions of this charter.
The advisory board for county expenditures to serve in conjunction with the
Cape Cod regional government shall consist of the persons elected from each
town to serve as members of the regional assembly of delegates.
Section 2 - 5. Exercise of Powers; Quorum; Rules of Procedure.
(a) Exercise of Powers - Except as is otherwise provided
by this charter, or by law, the legislative powers of the assembly of delegates
may be exercised in a manner determined by it.
(b) Voting - Except on procedural matters, all votes shall
be taken by a call of roll if requested by a member. The vote of each
delegate shall be weighed in the same proportion as the population of the
municipality such delegate represents bears to the whole population of Barnstable
County as determined by the most recent federal or decennial census.
(c) Quorum - A number of members of the assembly of delegates
representing in the aggregate a majority of the population of Barnstable
county shall constitute a quorum, provided at least eight delegates are present,
but a smaller number may meet and adjourn from time to time. The affirmative
votes of delegates representing a majority of the population of Barnstable
county shall be necessary to adopt any ordinance, resolution, appropriation
order, or to take any other official action as the Cape Cod regional government’s
legislature.
(d) Rules of Procedure - The assembly of delegates may
from time to time establish rules for its proceedings not inconsistent with
the following:
( i) Regular meetings of the assembly
of delegates shall be held at a time and place fixed by ordinance.
( ii) Special meetings of the assembly
of delegates shall be held at the call of the board of regional commissioners
(as provided in section 3 - 8(b), at the call of the speaker, at the call
of any three or more members, except in case of emergency, by written notice,
delivered in hand, or to the place of residence or business of each member
at least seventy-two hours in advance of the time set and which notice shall
include the subjects to be acted upon at such special meeting.
(iii) Except as may otherwise be authorized
by law, all meetings of the assembly of delegates and any committee or sub-committee
thereof shall at all times be open to the public and to representative of
the communications media.
(iv) Every matter which comes
before the assembly of delegates shall be put to a vote, the results of which
shall be recorded. When requested by any member the vote shall be by
roll call and the vote of each member shall be recorded in the journal.
( v) Delegates shall be provided the
Manual of Governance and Administrative Code at the beginning of each session,
and such documents shall be reviewed so as to provide procedures to be followed
and continuity in service.
(vi) The clerk of the assembly of delegates
shall keep a full, accurate and up-to-date record of the proceedings of the
assembly of delegates and shall make it available for inspection by the public
at any reasonable time.
Section 2 - 6. Prohibition.
No member of the assembly of delegates
shall individually, or collectively, seek to influence the board of regional
commissioners to dismiss, to appoint, or to promote any person to any position
in the executive branch of the Cape Cod regional government.
The members of the assembly of
delegates shall deal with officers and employees of the Cape Cod regional
government solely through the board of regional commissioners and the
administrator. All contact with employees, all actions and communications
concerning the Cape Cod regional government, administrative activity and
provisions of services shall be solely through the board of regional commissioners
and the administrator, except as is otherwise provided in this charter.
This section shall not prohibit the assembly of delegates
from conducting an inquiry into any act or problem of administration as provided
in section 2 - 7.
No member of the assembly of delegates shall, during the
term of office for which elected, or, within twelve months following the
expiration of such term, hold any appointed compensation office, position
or employment in or under the Cape Cod regional government.
This provision shall not, however, prevent a former officer or employee of
the Cape Cod regional government who has taken a leave of absence during
service on the assembly of delegates from resuming such office or employment
at the expiration of the term of office for which elected.
Section 2 - 7. Inquiring and Investigation.
The assembly of delegates may
at any time upon a request filed by any of its members request a report on
any aspect of the Cape Cod regional government by making such a request,
in writing, to the board of regional commissioners.
The assembly of delegates may require the board of regional
commissioners and the administrator to appear before the assembly of
delegates sitting as a committee of the whole and to bring before the assembly
of delegates such records and reports, and such officials and employees of
the Cape Cod regional government as the assembly of delegates shall
deem necessary to insure clarification of any matter under study.
The assembly of delegates may
summon witnesses to attend and to testify and to produce books and papers
at a hearing before it, or a special committee of the assembly of delegates,
in the same manner and with the same penalties as is provided for other multiple
member bodies by sections eight to eleven, inclusive, of chapter two hundred
and thirty-three of the General Laws.
The assembly of delegates may,
by a vote representing a majority of the population of the Cape Cod regional
government, delegate any number of its members as an ad hoc committee to
consult with the board of regional commissioners or the administrator
on any matter and to report back to the full assembly of delegates with the
results of such meeting.
Section 2 - 8. Exercise of Powers.
(a) In General - The legislative powers of the Cape
Cod regional government vested in the assembly of delegates shall be exercised
by the adoption of ordinance, except as provided in section (b) below.
(b) Exception, Resolution - The following matters may be
provided for by resolution and shall not be deemed to require an ordinance:
(i) The establishment of
an advisory council on any subject;
(ii) The conduct of any inquiry
or an investigation;
(iii) The adoption of rules governing
the conduct of its own business;
(iv) The establishment of times and
places for special meetings of the assembly of
delegates;
(v) The establishment of the assembly of
delegates as a committee of the whole and the delegation of its members as
an ad hoc committee;
(vi) The election, appointment and removal
of such officers and employees as the assembly of delegates is permitted
by this charter, or otherwise;
(vii) Approval of contracts presented
by the board of regional commissioners; and
(viii) Actions specified as resolutions;
(ix) The expression of such policies
or opinions as requires no formal action.
(c) Form of Ordinance - Every proposed ordinance shall
be introduced in writing and in the form required for final adoption.
The enacting clause shall be: “The Cape Cod regional government, known
as Barnstable county, hereby ordains;”.
(d) Acts Required to be by Ordinance - In addition to such
other acts as this charter or any other provision of law requires to be by
ordinance, the following acts of the assembly of delegates are required to
be by ordinance:
(i) Establishment, alter or abolish
any department, office or agency;
(ii) Provide for a fine or other penalty
or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(iii) Make appropriations, or transfer appropriations
from the account of one agency to another;
(iv) Grant, renew or extend a franchise;
(v) Regulate the rate charged for any
service provided to any other governmental unit;
(vi) Authorize the borrowing of money;
(vii) Authorize the conveyance or lease of
any real estate belonging to the Cape Cod regional government;
(viii) Adopt, with or without amendment, ordinances
proposed by voters in accordance with the initiative procedures as provided
in Article 7; and
(ix) Amend or repeal any ordinance previously
adopted.
(e) Procedures - A proposed ordinance may be introduced
by any member of the assembly of delegates, or by the board of regional
commissioners, at any regular or special meeting of the assembly of delegates.
The clerk of the assembly of delegates shall forthwith distribute copies
of the proposal to each delegate present, to any of the regional commissioners
present, and to the administrator, if present. After an ordinance
has been introduced and unless it is rejected at the same meeting by the
affirmative votes of delegates representing not less than three-fourths of
the population of Barnstable county, the clerk of the assembly of delegates
shall promptly cause the proposed ordinance to be published together with
a notice stating the time and place at which a public hearing will be held
on consideration of the proposal.
(f) Public Hearing - The public hearing on any proposed
ordinance shall follow the required publication by at least one week.
At the public hearing copies of the proposed ordinance shall be available
for distribution to interested persons and all persons present shall be given
the opportunity to be heard.
(g) Action by Assembly of Delegates - The assembly of delegates
may adopt, with or without amendment, or reject, any proposed ordinance following
the public hearing.
(h) Publication of Adopted Ordinance - As soon as practicable
following adoption of any ordinance it shall be printed and published.
(i) Time of Taking Effect - Except as otherwise provided
by this charter, every adopted ordinance shall take effect on the thirty-first
day following its adoption, unless a later date is specified in the ordinance.
(j) Published, Defined - As used in this section
the term “Published” means:
(i) That at least a brief summary
of the proposed ordinance or adopted ordinance has been published, along
with public notice that a public hearing is to be held, in local newspapers;
(ii) That copies of the proposed
ordinance or adopted ordinance, have been made available to representatives
of the communications media;
(iii) That copies of the proposed ordinance
or adopted ordinance have been distributed to the clerks of every municipality
in the county for posting on municipal bulletin boards.
(iv) That a reasonable number
of copies of the proposed ordinance have been printed for free distribution
to any interested person requesting the same, or in the case of an adopted
ordinance, for sale, at a cost not to exceed the actual cost thereof to persons
requesting the same.
Section 2 - 9. Emergency Ordinances.
The assembly of delegates, in
appropriate circumstance to meet a public emergency affecting life, health
or property, may adopt emergency ordinances. No emergency ordinance
shall be used to grant, renew or extend a franchise; or to regulate the rate
charged for any service.
Emergency ordinances shall be submitted in the same manner
as other proposed ordinances, but, every emergency measure shall be plainly
designated as such and shall contain a preamble, which shall be separately
voted upon, which declares that an emergency exists and which describes the
emergency in clear and specific terms.
The affirmative vote of delegates representing two-thirds
of the population of Barnstable county shall be necessary to adopt any emergency
ordinance.
Every emergency ordinance shall
automatically stand repealed on the sixty-first day following its adoption.
Section 2 - 10. Filling of Vacancies.
If a vacancy shall occur in the office of assembly of
delegates with more than six months remaining of the term for which delegates
are elected, a successor shall be chosen in accordance with the following
procedure:
The clerk of the assembly of delegates
shall cause a notice of vacancy to be sent to the clerk of the municipality
in which the vacancy exists. The clerk of said municipality shall,
forthwith, cause such notice to be posted on the municipal bulletin boards.
Any voter, a resident of Barnstable county for at lease one year, desiring
to be considered to fill such vacancy shall, in writing, so advise the board
of selectmen, town council in the town of Barnstable, or the officer or agency
performing similar duties in such municipality. The board of selectmen
or town council shall make provision for the interview, in public sessions,
of all persons who have indicated such interest. Not more than twenty-one
days following the date of the notice sent by the clerk of the assembly of
delegates, the board of selectmen or town council shall, by a majority vote,
choose one person from the municipality to fill such vacancy and shall issue
a certificate of such selection to the clerk of the assembly of delegates.
Upon receipt of the said certificate the clerk of the assembly of delegates
shall administer the oath of office to such person and shall enter such person
name on the official list of assembly of delegates. If, at the expiration
of thirty days following the issuance of notice by the clerk of the assembly
of delegates that a vacancy from that municipality exists, no certificate
has been received, the assembly of delegates may vote to fill such vacancy
by electing any registered voter resident of the affected municipality for
one year or more to fill such vacancy. The clerk of the assembly of
delegates shall administer the oath of office to the person thus chosen who
shall serve for the balance of the unexpired term.
Section 2 – 11 – Excessive Absence
In the event a delegate of the assembly fails to attend
regular meetings of the assembly, committee meetings, and fails to represent
the town within which the delegate was elected for a significant period of
time, to be established by ordinance, without filing a reasonable excuse
with the clerk of the assembly, the assembly of delegates shall notify the
board of selectmen in the town that the delegate represents, or in the case
of Barnstable, its town council. The board of selectmen, upon majority
vote, may declare the seat vacant. Upon the declaration that the seat
is vacant, the procedures of section 2 – 10 shall be followed.
ARTICLE 3 -- EXECUTIVE BRANCH
Section 3 - 1. Board of Regional Commissioners.
(a) Composition, Term of Office - The executive powers
of the Cape Cod regional government shall be exercised by a board of regional
commissioners consisting of three members. Regional commissioners
shall be elected for terms of four years each, so arranged that nearly an
equal number of such terms as is possible shall be elected at each biennial
state election. The provisions of section one hundred fifty-eight of
chapter fifty-four of the General Laws shall apply to such elections.
The regional commissioners shall have all of the same powers and duties conferred
or imposed by law to county commissioners.
(b) Compensation - The assembly of delegates shall
by ordinance, establish an annual salary for the members of the board of
regional commissioners. The salary shall be reasonable and commensurate
with the duties of the office and may not be lowered for any member during
a term of office. No ordinance changing the salary for members of the
board of regional commissioners shall be effective unless it has been
adopted during the first fifteen months of the term for which commissioners
are elected and it provides the new rate of compensation is to be effective
upon the reorganization of the board of regional commissioners
following an election for that office.
(c) Organization - The board of regional commissioners
shall meet to organize on the first business day of January and shall
choose a chairperson and a vice-chairperson to serve for a term of
one year.
(d) Exercise of Powers - The board of regional commissioners
shall conduct all of their official business with at least two members of
the board present, provided proper notice has been given to the absent member.
A vote of two members of the board of regional commissioners shall be sufficient
to exercise any power residing in the board of regional commissioners.
Section 3 - 2. Executive Powers.
The executive powers of the Cape
Cod regional government shall be vested solely in the board of regional commissioners
and may be exercised whether directly by such board, or through the several
regional agencies under its direction and supervision. The board of
regional commissioners shall cause this charter, the laws and the ordinances
and orders for the governmental and administration of the Cape Cod regional
government to be enforced.
The board of regional commissioners
shall exercise a general supervision and direction over all agencies
of the Cape Cod regional government, unless otherwise provided by law.
Each agency shall furnish to the board of regional commissioners, forthwith
when so requested, any information, materials or otherwise as the board of
regional commissioners may request and as the needs of that office and the
interest of the Cape Cod regional government may require.
Section 3 - 3. Powers and Duties.
The board of regional commissioners
shall have, possess and may exercise all the powers, rights and duties commonly
associated with the office of chief executive of a local government unit.
The powers and duties of the board of regional commissioners shall include,
but are not limited to, the following:
(a) Prepare and submit to the assembly of delegates an
annual operating budget, and a capital outlay budget, as provided in Article
5.
(b) Supervise the care and custody of all Cape Cod
regional government property, institutions and agencies.
(c) Supervise the collection of all Cape Cod regional
government revenues and the disbursement of all funds.
(d) Supervise the selection of the depositories for all
Cape Cod regional government funds.
(e) Keep the assembly of delegates and the public fully
informed as to the financial and administrative condition of the Cape
Cod regional government by filing oral or written reports with the assembly
of delegates, at least semi-annually, summarizing such condition.
(f) To make at any time such recommendations to the assembly
of delegates for action required to be taken by it as the board of regional
commissioners deems necessary for the improvement of the Cape Cod regional
government and the welfare of its residents.
(g) Sign all deeds, contracts, bonds or other instruments
requiring the consent of the Cape Cod regional government.
(h) At any time to inquire into the conduct of office or
performance of duty of any Cape Cod regional government officer, department
head or employer.
(i) The identification of emergency
situations.
(j) The declaration of emergencies.
(k) Designation of newspaper to be used to
give notice of Cape Cod regional government matters to the public.
Section 3 - 4. Delegation by Regional Commissioners.
The board of regional commissioners
may authorize the administrator or any subordinate officer or employee of
the Cape Cod regional government to exercise any power, function or duty
assigned by this charter to the board of regional commissioners provided,
however, that all acts which are performed under any such designation shall
be deemed to be the acts of the board of regional commissioners.
Section 3 - 5. Appointments by Board of Regional Commissioners.
The board of regional commissioners
shall appoint and in appropriate circumstances may remove, subject to the
provision of any collective bargaining agreements as may be applicable, all
Cape Cod regional government officers, department heads, members of multiple
member bodies and all Cape Cod regional government employees for which no
other method of selection is provided by this charter.
Section 3 - 6. Temporary Appointments to Cape Cod Regional Government
Office.
Whenever any vacancy in a Cape
Cod regional government office whether temporary or permanent and the needs
of the Cape Cod regional government require that such office be filled, the
board of regional commissioners may designate the head of some other Cape
Cod regional government office or agency or a Cape Cod regional government
officer or employee to perform the duties of the office on a temporary
or acting basis until such time as the incumbent resume the duties of the
office or the position has been filled in the manner provided by this
charter, or by Cape Cod regional government ordinance.
Section 3 - 7. Communications: Special Meetings.
(a) Communication to Assembly of Delegates - Annually,
at the first regular business meeting of the assembly of delegates held in
each calendar year the board of regional commissioners shall in person, or
in writing, submit to the assembly of delegates a report on the state of
the Cape Cod regional government including an indication of such plans and
proposals for changes in Cape Cod regional government programs and services
as the board of regional commissioners intends to propose during the ensuing
year. The board of regional commissioners shall, from time to time
throughout the year, in person, or in writing, submit to the assembly of
delegates specific proposals to be considered for adoption by the assembly
of delegates as the board of regional commissioners deems to be necessary
or desirable.
(b) Special Meetings of the Assembly of Delegates - The
board of regional commissioners may at any time and for any purpose call
a special meeting of the assembly of delegates by causing a notice of such
meeting to be delivered in hand or to the place of residence or of business
of each member of the assembly of delegates. Except in cases of special
emergency, of which the board of regional commissioners shall be the sole
judge, such notice shall be delivered at least seventy-two hours in advance
of the time set and public notice shall be given as otherwise required by
this charter or by law.
Section 3 - 8. Approval of the Board of Regional Commissioners, Exception
Every order, ordinance, resolution
or other vote of the assembly of delegates pertaining to the business and
affairs of the Cape Cod regional government (but not including matters relating
to the internal affairs of the assembly of delegates or resolutions merely
stating an opinion of the assembly of delegates) shall forthwith following
its adoption be presented to the board of regional commissioners. If
the board of regional commissioners approves of such measure, the signature
of a majority of the members of the board of regional commissioners shall
be affixed to the said measure and is shall, subject to the provisions of
Article 7, be deemed to be in effect. If the board of regional commissioners
disapproves of such measure, the board of regional commissioners shall within
ten days following the date the approved copy of the measure is filed in
its office return the measure to the assembly of delegates with specific
reasons for such disapproval, in writing, attached thereto.
The assembly of delegates shall upon receipt of notice
of disapproval from the board of regional commissioners forthwith reconsider
the measure. If the assembly of delegates shall, notwithstanding the
objections of the board of regional commissioners, by a vote of its members
representing two-thirds of the population of Barnstable county, taken by
roll call vote, again pass the measure, the measure shall, subject to the
provisions of Article 7, be deemed to be in effect.
If the board of regional commissioners
has not signed nor returned a measure adopted by the assembly of delegates
to the assembly of delegates within ten days following its receipt, said
measure shall, subject to the provisions of Article 7, be deemed to be in
effect at the expiration of such time notwithstanding such failure by the
board of regional commissioners. If the assembly of delegates has not
acted upon a message of disapproval filed with it by the board of regional
commissioners within fourteen days of such filing the measure shall be deemed
to have been rejected by the assembly of delegates at the expiration of such
period.
Section 3 - 9. Vacancy in Office of Board of Regional Commissioners.
If a vacancy occurs in the office of member of the board
of regional commissioners during the term for which a member is chosen, the
assembly of delegates shall order the office to be filled at the next regular
biennial state election to be held one hundred and twenty or more days following
the date such vacancy occurs.
Forthwith when a vacancy in the office of board of regional
commissioners occurs, the assembly of delegates shall act to temporarily
fill such vacancy by electing some suitable person, not a resident of the
same municipality as either of the other members of the board of regional
commissioners who remain in office, and who shall serve in such office until
a successor is chosen at the next biennial state election. Upon the
election of a successor by the voters, such person shall forthwith assume
the duties of the office and shall serve as a member of the board of regional
commissioners for the period between the election and the organization of
the government on the first business day in January following, in addition
to the term for which elected.
Nothing in this section shall be deemed to prevent a member
of the assembly of delegates from being chosen to serve as temporary member
of the regional commissioners or from being a candidate for the office of
regional commissioner.
Whenever a member of the assembly of delegates becomes
the temporary regional commissioner pursuant to this provision, a vacancy
shall be deemed to exist in the assembly of delegates from the municipality
such person had represented.
Section 3 - 10. Cape Cod Regional Government Administrator, Qualifications,
Term of Office; Compensation.
(a) Appointment, Qualifications, Term of Office.
- The chief administrative office of the Cape Cod regional government shall
be an administrator, who shall be appointed by a majority vote of the board
of regional commissioners to serve for an indefinite term. The administrator
shall be a person especially fitted by education, training and experience
in public administration to perform the duties of the office.
The administrator need not be a resident of Barnstable county at the time
of appointment to the office but, the administrator shall establish a residence
in the county within a reasonable time. The regional commissioners
may waive the residency requirement for good cause for a period not to exceed
two years. If after the two year period the administrator has not been
able to establish residence in the county, the Assembly of Delegates upon
request from the regional commissioners, may extend the waiver for good cause.
The administrator shall devote full time to the office and shall not be actively
engaged in any other business, occupation or profession while serving as
administrator.
(b) Compensation - The board of regional commissioners
shall fix the compensation of the administrator within the sum appropriate
for that purpose, annually. The salary shall be reasonable and commensurate
with the duties of the office and may not be lowered during the tenure of
an incumbent.
(c) Administrative Powers - The administrator shall
exercise a general supervision and direction over all Cape Cod regional government
agencies, unless otherwise provided by law. Each Cape Cod regional
government agency shall furnish to the administrator, forthwith when so requested,
any information, materials or otherwise as the administrator may request
and as the needs of that office and the interest of the Cape Cod regional
government may require.
Section 3 - 11. Cape Cod Regional Government Administrator, Powers
and Duties.
The administrator shall
have, possess and may exercise all the powers, rights and duties commonly
associated with the office of chief administrative officer of a local governmental
unit. The powers and duties of the administrator shall include,
but are not limited to, the following:
(a) To prepare and submit to the board of regional commissioners
for its consideration and further action an annual operating budget, and
a capital outlay budget, as provided in article 5.
(b) To establish the schedules and procedures to be followed
by all Cape Cod regional government departments, offices and agencies
in connection with their budget and supervise and administer all phases of
the budgetary process following adoption of the budget by the assembly of
delegates and throughout the fiscal year.
(c) To be responsible for the conduct of all negotiations
with Cape Cod regional government employees concerning wages, hours and other
conditions of employment and the negotiation of all other contracts proposed
to be entered into by the county.
(d) To develop, install and maintain centralized procedures
applicable to all Cape Cod regional government agencies, including, but not
limited to purchasing, budgeting and personnel administration.
(e) To be responsible for recommending personnel actions
to the board of regional commissioners including the appointment and removal
of officers and employees appointed by it.
(f) To keep the board of regional commissioners, the assembly
of delegates, and the public fully informed as to the financial and administrative
condition of the Cape Cod regional government by filing reports with the
board of regional commissioners, at least semi-annually, summarizing such
condition.
(g) To make at any time such recommendations to the
board of regional commissioners for actions required to be taken by it as
the administrator deems necessary for the improvement of the Cape Cod
regional government and for the welfare of its residents.
(h) To review and make recommendations to the board of regional
commissioners concerning all contracts, bonds or other instruments requiring
the consent of the Cape Cod regional government.
(h) To review, analyze and forecast trends of Cape
Cod regional government services, programs and finances and make such recommendations
to the board of regional commissioners, department heads and other personnel
affected as the administrator shall deem necessary, desirable
or expedient.
(i) To inquire at any time into the conduct of office
or performance of duty of any Cape Cod regional government officer, department
head or employee.
(j) To require any Cape Cod regional government agency
to prepare and to submit such reports, records and summaries of operations
and activities as may be necessary to assist in the proper administration
of the county.
(k) To perform any other duties as may be required
to be performed by the administrator by this charter, by
Cape Cod regional government ordinance or by other vote of the board of regional
commissioners.
Section 3 - 13. Delegation of Authority.
The administrator may authorize
any subordinate officer, department head or employee of the Cape Cod regional
government to exercise any power, function or duty assigned by this
charter to the administrator provided, however, that all acts which are performed
under any such delegation shall be deemed to be the acts of the administrator.
Section 3 - 14. Acting Cape Cod Regional Government Administrator.
(a) Temporary Absence - The administrator shall by
letter filed with the board of regional commissioners, designate a qualified
officer, department head or employee to exercise the powers and perform the
duties of administrator during a temporary absence of three or more
consecutive days.
(b) Vacancy - Any vacancy in the office of administrator
shall be filled as soon as possible by the board of regional commissioners
but pending such appointment the board of regional commissioners shall designate
a qualified Cape Cod regional government officer, department head or employee
to perform the duties of the administrator on an acting basis, or, it may
appoint a qualified retired officer, department head or employee to serve
as acting administrator. The appointment of an acting administrator
shall be for a term not to exceed three months, provided however, one renewal
thereof, not to exceed an additional three months, may be made.
(c) Powers and Duties - The powers of a temporary or acting
administrator, under (a) or (b) above, shall be limited to matters not admitting
of delay and shall include authority to make temporary, emergency appointments
or designations, to Cape Cod regional government office or employment,
but no appointments or designations of a permanent nature shall be made.
Section 3 - 15. Removal and Suspension.
The board of regional commissioners
may, by a majority vote of the full board of regional commissioners, terminate
and remove, or suspend, the administrator from office in accordance with
the following procedure:
(a) The board of regional commissioners shall adopt a preliminary
resolution of removal by the affirmative vote of a majority of all its members
which must state the reason or reasons for removal. This preliminary
resolution may suspend the administrator for a period not to exceed ninety
days. A copy of the resolution shall be delivered to the administrator
forthwith.
(b) Within five days after receipt of the preliminary resolution
the administrator may request a public hearing by filing a written request
for such hearing with the regional clerk. This hearing shall
be held at a meeting of the board of regional commissioners not later than
thirty days after the request is filed not earlier than twenty days.
The administrator may file a written statement responding to the reasons
stated in the resolution of removal with the board of regional commissioners
provided the same is received at the office of the regional clerk
at least forty-eight hours in advance of the public hearing.
(c) The board of regional commissioners may adopt a final
resolution of removal, which may be made effective immediately, by the affirmative
vote of a majority of all of its members not less than twenty nor more than
thirty days following the date of delivery of a copy of the preliminary resolution
to the administrator, if the administrator has not requested
a public hearing; or, within ten (10) days following the close of the public
hearing if the administrator has requested one. Failure to adopt a
final resolution of removal within the time periods as provided in this section
shall nullify the preliminary resolution of removal, and the administrator
shall, at the expiration of said time, forthwith resume the duties of the
office.
The administrator shall
continue to receive a salary until the effective date of a final resolution
of removal.
All authority and responsibility for such suspension or
removal shall be in the board of regional commissioners.
ARTICLE 4 -- ADMINISTRATIVE ORGANIZATION
Section 4 - 1. Elected Officers.
(a) In General - Notwithstanding direct election by the
voters, the officers named in this section shall be subject to the call of
the board of regional commissioners at all reasonable times for consultation,
discussion and for the coordination of the business of the Cape Cod
regional government.
(b) Vacancies - In the event a vacancy shall occur in any
office filed by the voters under this section, the board of regional commissioners,
subject to the approval of the assembly of delegates, shall appoint a suitable
person to serve until the next biennial state election at which time the
office shall be filled by the voters for the regular term of years.
(c) Sheriff - There shall be a sheriff elected as
provided by law. The sheriff shall have the general care and superintendence
of all jails and house of correction. The sheriff shall have all of
the powers and duties which are given to sheriffs by General Laws and such
additional powers and duties as may be provided by Cape Cod regional government
ordinance or Administrative Code.
(d) Registry of Deeds. There shall be a register
of deeds elected as provided by law. The register of deeds shall have
general charge and superintendence of the Barnstable County registry of deeds
and all of the books, records, deeds and other papers belonging thereto.
The register of deeds shall have all of the powers and duties that are given
to registers of deeds by the General Laws and such other powers and duties
as may be provided for by the Cape Cod regional government ordinance or Administrative
Code.
Section 4 - 2. Appointed Officers.
(a) In General - The activities under the direction and
supervision of the board of regional commissioners shall be distributed among
such departments, offices and agencies as are established by this charter,
or as may be established by ordinance, or by Administrative Code not inconsistent
with this charter.
Every department, office and agency
of the Cape Cod regional government shall be headed by an officer appointed
by and subject to the direction and supervision of the board of regional
commissioners. With the consent of the assembly of delegates, the board of
regional commissioners may appoint the same person to serve as the head of
two or more departments, offices or agencies of the Cape Cod regional government.
The board of regional commissioners
may appoint, from time to time, one or more qualified citizens to serve as
advisors to the board of regional commissioners or to any department, office
or agency of the Cape Cod regional government.
(b) Charter Departments and Agencies
1. Department of Finance. There shall be a department
of finance which shall be headed by a director of finance who shall be a
person especially fitted by education, training and experience to perform
the duties of the office. The department of finance shall be responsible
for overseeing all of the financial affairs of the Cape Cod regional government
and shall include the office of treasurer. The treasurer shall be a
person especially fitted by education, training and experience to perform
the duties of the office. The department of finance shall have all
of the powers and duties which are given to county treasurers by general
law, and such additional powers and duties as may be provided by Cape Cod
regional government ordinance or Administrative Code which relate to financial
matters and affairs. Notwithstanding the provisions of any general
or special law to the contrary, the Director of Finance shall assume all
functions, duties and responsibilities of the County treasurer with respect
to the retirement system and for all other purposes as described in the General
Laws.
2. Office of the Regional Clerk. There shall
be a regional clerk, appointed by the board of regional commissioners to
serve for a term of office as established by ordinance. The regional
clerk shall be a person especially qualified by education, training and experience
to perform the duties of the office. The office of the regional clerk
shall coordinate and supervise all election and election related matters
affecting the Cape Cod regional government with the city and town clerks,
boards of registrars of voters, election commissions and other local officers
performing similar duties. The regional clerk may, if chosen by the
assembly of delegates, serve as clerk of the Assembly of Delegates.
The office of regional clerk shall perform and may exercise such other powers
and duties as may be assigned by this charter, by ordinance or by other vote
of the Assembly of Delegates.
3. Regional Planning Agency. Any regional planning
activity or function established pursuant to the provisions of chapter four
hundred and fifty-three of the acts of nineteen hundred and sixty-five shall
for all purposes be considered to be an agency under the charter and
subject to all of the provisions of this charter. The Cape Cod
Commission shall be deemed to be an agency within the structure of
the Cape Cod regional government subject to all of the administrative, budgetary
and other provisions of this charter. The Assembly of Delegates and
the board of regional commissioners shall have and may exercise all authority
for regional planning and environmental controls and management as may be
authorized by state law and shall be responsible for the establishment of
policies to guide all regional planning and development activities.
4. Personnel System. There shall be established
a personnel system which shall be administered by the administrator or another
appropriate Cape Cod regional government officer to be determined by
ordinance which shall include provision of all personnel matters not covered
by or in conflict with a collective bargaining agreement, including, but
not limited to such matters as classification of positions, recruitment,
promotion, transfer, training, grievance procedures, evaluation and affirmative
action.
(c) Administrative Organization
1. Organization of Cape Cod regional government
agencies. The organization of the Cape Cod regional government into
operating agencies for the provision of services and the administration of
the government may be accomplished through either of the methods provided
in this section.
(i) Ordinances - Subject only to an express
prohibition in a general law or this charter, the assembly of delegates may,
by ordinance, recognize, consolidate or abolish, create, merge or divide,
alter the term of office, the manner of selection or, if a multiple member
body, the number of members of any Cape Cod regional government agency,
in whole or in part, establish new Cape Cod regional government agencies
and may prescribe the functions, powers, duties and responsibilities of any
such agency.
(ii) Executive Reorganizations - The board of regional
commissioners, after consultation with any department, office or agency affected,
may, from time to time, prepare and submit to the assembly of delegates plans
of organization or reorganization for Cape Cod regional government
administration. Whenever the board of regional commissioners prepares
such a plan they shall invite representatives of the department, office or
agency affected to attend one or more public hearings on such proposal, which
the board of regional commissioners shall hold after giving notice by publication
in a local newspaper of the date, time and place of the public hearing and
the scope of the proposal.
The board of regional commissioners shall, following such
hearing, provide for the submission of the proposed organizational plan,
which may be amended or revised as a result of information developed
at the public hearing, to the assembly of delegates. Said plan shall
become effective at the expiration of sixty days following the date of its
submission to the assembly of delegates unless the assembly of delegates
has sooner adopted it or has rejected it by a formal vote.
In acting upon an executive reorganization
plan the assembly of delegates may act only to approve or disapprove of the
plan and may not vote to amend it in any way.
2. Table of Organization.
The board of regional commissioners shall prepare, maintain and keep current
an organization chart which includes the personnel staffing as authorized
for each Cape Cod regional government department, office and agency.
3. Publication of Administrative
Code and Table of Organization. Whenever any change is made in the
administrative structure of the Cape Cod regional government, a
table of organization shall be published as an appendix to the ordinances
of the Cape Cod regional government.
ARTICLE 5 -- FISCAL PROCEDURES
Section 5 - 1. Fiscal Year.
The fiscal year of the Cape
Cod regional government shall begin on the first day of July and shall end
on the thirtieth day of June, unless provision is made by general law.
Section 5 - 2. Submission of Proposed Budget.
Every Cape Cod regional government
agency or department shall submit to the administrator its requested
annual budget on or before the date designated by the board of regional commissioners.
The administrator, operating within guidelines and instructions issued by
the board of regional commissioners, shall prepare a proposed operating budget
for the ensuing fiscal year and shall submit the same to the board of regional
commissioners for its review. Within a time fixed by ordinance, the
board of regional commissioners shall submit to the assembly of delegates
its proposed operating budget for the ensuing fiscal year, with an accompanying
budget message and supporting documents. The board of regional commissioners
shall provide a general summary of the proposed budget to be made available
to representatives of the communications media and shall cause a legal notice
to be published in a local newspaper indicating the times and places at which
complete copies of the proposed budget and accompanying materials are available
for inspection by the public.
Section 5 - 3. Budget Message.
The budget message submitted by
the board of regional commissioners shall explain the proposed budget for
all Cape Cod regional government agencies, both in fiscal terms and in terms
of work programs. The budget message shall outline proposed financial
policies of the Cape Cod regional government for the ensuing fiscal
year; describe important features of the proposed budget; indicate any major
variations form the current budget in financial policies, expenditures and
revenues, together with the reasons for such changes; summarize the Cape
Cod regional government’s debt position; and include such additional information
as the board of regional commissioners deems desirable.
Section 5 – 4. The Proposed Budget.
The proposed operating budget
shall provide a complete financial plan of all Cape Cod regional government
funds and activities. In the presentation of the proposed budget the
board of regional commissioners shall make use of modern concepts of fiscal
presentation so as to furnish a maximum amount of information and the best
financial controls. The budget shall be arranged to show actual and
estimated income and expenditures for the previous, current, and ensuing
fiscal year and shall indicate, in separate sections:
(a) Proposed expenditures for current operations during
the ensuing fiscal year, detailed by Cape Cod regional government agency,
function and work programs, and the proposed methods of financing such expenditures.
(b) Proposed capital expenditures during the ensuing fiscal
year, detailed by Cape Cod regional government agency, and the proposed
methods of financing such expenditures.
(c) Estimated surplus revenue and free cash at the end
of the current fiscal year, including estimated balances in any special accounts
established for specific purposes.
Section 5 – 5. Action on the Proposed Budget
(a) Notification of receipt of budget – The assembly
of delegates shall notify the board of selectmen in Barnstable county of
its receipt of the board of regional commissioners proposed budget.
Copies of the budget shall be submitted to each town upon request.
(b) Review – The assembly of delegates, through its standing
committee on finance, shall cause review by standing committees of the assembly
of delegates, in open public meetings, of the detailed expenditures proposed
for each Cape Cod regional government department or agency. The clerk of
the assembly of delegates shall notify each board of selectmen and town council
in Barnstable of the dates, times and places of such meetings. The
standing committees may confer with any Cape Cod regional government department
or agency in connection with its review and consideration. The standing
committee on finance, or other designated standing committees, may require
the board of regional commissioners, the administrator, or any other Cape
Cod regional government department or agency through the administrator, to
furnish it with such additional information as it may deem necessary to assist
in its review of the proposed budget.
(c) Report – The standing committee on finance shall receive
information from other standing committees reviewing the budget, and shall
file a report with the assembly of delegates containing its recommendations
with respect to each item contained in the proposed budget. The report
shall contain its reason or reasons for each recommendation that differs
from the recommendation of the board of regional commissioners.
(d) Action by the assembly of delegates - The assembly
of delegates shall adopt a budget for the ensuing fiscal year no later than
the first day of June in the preceding fiscal year. If the assembly
of delegates has not taken final action with respect to any amount recommended
in the proposed budget by said first day of June such amount shall, without
any action by the assembly of delegates become a part of the appropriations
for the ensuing fiscal year.
Section 5 – 6. Capital Improvement Program.
The board of regional commissioners shall submit a capital
improvement program to the assembly of delegates at least thirty days
prior to the date fixed by ordinance for the submission of the proposed operating
budget. The capital improvement program shall include, but need not
be limited to the following:
(a) A clear, concise, general summary of its contents.
(b) A listing of all capital expenditures proposed to be
made, by years, during the five fiscal years next ensuing, with supporting
information as to the need for each such expenditure.
(c) Cost estimates, methods of financing and recommended
time schedules.
(d) The estimated annual cost of operating and maintaining
any new facility or place of major equipment involved.
The information is to be annually
with regard to all items still pending, or in the process of being acquired,
improved or constructed.
Section 5 – 7. Annual Audits.
An independent audit of the Cape
Cod regional government’s finances shall be performed annually, by a certified
public accounting firm with experience in municipal and other public agency
audits, chosen by the assembly of delegates for a term of three years.
The summary table and the management letter as submitted with the annual
audit shall, within thirty days following receipt, be published together
with a statement of the board of regional commissioners which indicates the
steps it intends to take in response to each matter as set out in the management
letter.
ARTICLE 5A – REVENUES
Section 5A - 1. Regional Assessment
Notwithstanding any special or general law to the contrary,
the Cape Cod regional government may impose a regional assessment up to one
hundred and two and one-half percent of the amount of the county tax assessed
under the provisions of chapter thirty-five of the General Laws for the fiscal
year beginning July first, two thousand. An assessment in excess of
said one hundred and two and one-half percent may be imposed in any year
with the concurrence of a majority of the voters voting in an annual or special
election of the towns located within the geographical confines of Barnstable
county. The commonwealth shall not assess the towns of Barnstable county
for the transfer of former county functions either directly, through a reduction
in local aid, or by any other means. The regional assessment may be
reduced or increased pursuant to the action of the assembly of delegates
subject to the same formula and limits of the former county tax.
Section 5A – 2. Deeds Excise Tax
Notwithstanding any special or general law to the contrary,
the deeds excise tax allocated in accordance with chapter 193, acts of 1989,
sections 2, 3 and 11 of the act, for the fiscal year beginning July first,
two thousand-one, and all subsequent fiscal years, shall be appropriated
to the Cape Cod regional government. Chapter 193, Acts of 1989, section
2, 3 and 11 of the act, provides that in Barnstable county, in addition to
the excise imposed on deeds, instruments and writings pursuant to the provisions
of section twenty-three of chapter sixty-four D of the General Laws and chapter
five hundred and forty-six of the acts of nineteen hundred and sixty-nine,
the assembly of delegates with the approval of the board of regional commissioners
may adopt an additional excise on such deeds, instruments and writings filed
with the register of deeds of said county at a rate up to but not exceeding
the rate imposed by the commonwealth under such statutes. The revenue
provided by this additional excise shall be retained by Cape Cod regional
government. Provided, however, that the provisions of section four
of chapter sixty-two F of the General Laws shall not apply to this section.
Section 5A – 3. Cape Cod Commission Tax
Notwithstanding any special or general law to the contrary,
pursuant to this act the Cape Cod Commission shall be funded in accordance
with the procedures established by chapter 163 of the acts of 1988 and section
18 of chapter 716 of the acts of 1989 and chapter 2 of the acts of 1990.
ARTICLE 6 -- JOINT PERFORMANCE OF FUNCTIONS
Section 6 - 1. Purpose.
Units of local government shall
be encouraged to make the most effective and efficient use of their powers
and their resources and may cooperate with one another, through the Cape
Cod regional government, to provide services and facilities in a manner that
will best serve geographic, economic, population, and other factors and without
regard for any existing political boundaries.
The term local service function as used in this article
is intended to mean any government service, or group of closely allied governmental
services performed by a unit of local government for its inhabitants and
for which, under constitutional and statutory provisions and judicial interpretation,
units of local government, as distinguished from the state government, have
the primary responsibility to provide and to finance. For the purpose
of illustration only, and without in any way intending to limit the foregoing,
the following are current examples of some local service functions:
1) public works, including street and road
layout, construction and maintenance; dredging of channels and harbors;
2) refuse and
garbage removal, collection and disposal;
3) public health
services;
4) building
inspection, including, wire, gas and plumbing inspections;
5) water supply,
treatment and distribution;
6) sewage collection,
treatment and disposal;
7) police, fire
and other public safety services;
8) parks, playgrounds
and other recreation related facilities and programs;
9) assessment
of real and personal property;
10) planning and zoning;
and
11) transportation
This section shall include all possible local government
units whether listed or not and is intended to be interpreted in a manner
to allow the assembly of delegates the widest latitude possible in entering
into agreements for joint performance of functions.
Section 6 - 2. Inter local Contracts.
(a) Scope - Any unit of local government may contract
with the Cape Cod regional government to provide for any local service
function which the unit of local government is authorized to perform, provided
that such contract shall first be ratified or approved by the legislative
body of such unit of local government.
(b) Contents of Agreement - Every contract entered
into by the Cape Cod regional government for the provision of services
to units of local government shall contain at least the following provisions:
1) its duration or other term;
2) the precise organization, composition, and nature
of any administrative entity established for the purpose of overseeing the
delivery of any such service function;
3) the exact nature of the service, activity, undertaking
or function which is to be provided;
4) the manner of financing, establishing and maintaining
a budget and of accounting and other record keeping requirements;
5) the method by which amendments to the agreement
are to be proposed and adopted, including provision for complete or partial
recision or termination of the agreement; and
6) the manner by which any materials, supplies or
other property acquired during the period of the agreement are to be distributed
in the event of a termination; and may contain any other necessary or proper
matters to such an agreement.
(c) Appropriations, etc. - Any unit of local government
entering into an agreement pursuant to this section may appropriate funds
and may sell, lease give, or otherwise supply or make available to the administrative
entity charged with oversight of the service function, personnel, services,
materials, supplies including real or personal property, as may be mutually
agreeable to the parties.
Section 6 - 3. Transfer of Functions.
Whenever two or more units of
local government in Barnstable county shall determine, by the adoption of
substantially similar resolutions of their legislative bodies, that the operations,
procedures or functions of such units can more effectively and efficiently
be exercised or provided as a consolidated activity performed by a single
office or agency, such units of local government are hereby authorized to
petition the Cape Cod regional government to provide for the establishment
of a single office or agency in which to consolidate any or all of the operations,
procedures, functions performed or carried out by such individual offices
or agencies.
The board of regional commissioners shall review all such
petitions that are received requesting the establishment of a single
office or agency to provide a local service function and shall, in conjunction
with designated representatives of the units of local government concerned,
act to develop such single office or agency as in each particular circumstance
best meets the needs of the units concerned.
Except when otherwise specifically provided in the resolutions
adopted by the respective legislative bodies in the transfer of a power or
function from a unit of local government to a consolidated agency or office,
such consolidated office or agency shall be the successor in every way to
the powers, duties, functions and obligations now or hereafter granted to
or imposed by law upon the offices and agencies this consolidated.
The ordinance establishing a consolidated
office or agency for any two or more units of local government shall be substantially
in conformity with the provisions of section 6 - 2(b).
Before any such consolidation
shall become effective, the ordinance as finally adopted by the assembly
of delegates shall be presented to the legislative bodies of the affected
units of local government for acceptance.
Section 6 - 4. Subordinate Service Areas.
(a) Creation by Assembly of Delegates - The assembly of
delegates may establish a subordinate service area in any portion of the
county by adoption of an appropriate ordinance on its own initiative or as
a response to a request made for the provision of services to any two or
more units of local government either by contract or by consolidation.
The ordinance shall specify the service or services to
be provided, the territorial boundaries and the manner in which such service
area is to be governed or administered.
(b) Creation by Petition - A petition signed by one percent
of the voters as of the date of the most recent state election in each of
two or more units of local government in the county may be presented to the
assembly of delegates requesting the establishment of a subordinate service
area comprised of the said units of local government for the provision of
a particular service or services.
Upon receipt of a petition on which the signatures of
voters have been verified by the board of registrars of voters in the units
concerned, the assembly of delegates shall hold a public hearing on the question
of whether or not such subordinate service area shall be established.
Within thirty days following the adjournment of the public
hearing the assembly of delegates shall approve or disapprove the establishment
of the requested subordinate service area. An ordinance providing for
such subordinate service area may differ from the petition as originally
presented, but no ordinance establishing such a subordinate service area
shall become effective until it shall have been approved by the legislative
bodies in the communities concerned.
ARTICLE 7 -- MUNICIPAL PETITIONS, CITIZEN INITIATIVES, REFERENDUM, RECALL
Section 7 - 1. Municipal Petitions.
The assembly of delegates shall
hold a public hearing and act finally on every petition which is submitted
to it which has been approved or otherwise endorsed by the legislative body
of any governmental unit in the county. The public hearing shall be
held within six weeks following the date the petition is submitted to the
regional clerk and the final vote on the petition shall be taken within
six weeks following the adjournment of the public hearing. Hearings
on two or more petitions filed under this section may be held at the same
time and place. In addition to notice by publication as otherwise required,
the regional clerk shall give at least fourteen days notice of the public
hearing to the clerk of the governmental unit having filed the same.
Section 7 - 2. Citizens Initiative Measures.
(a) Commencement - Initiative procedures may be commenced
by the filing of an initiative petition with the regional clerk. The
petition shall be addressed to the assembly of delegates and shall contain
a request for the passage of a particular ordinance which shall be set out
in said petition or by attachment to the said petition. The petition
shall be signed by not less than three percent of the total number of voters
of the county as of the date of the most recent state election, provided,
however, not more than twenty-five percent of the signatures shall be from
any municipality. Signatures to the said petition need not all be on
one paper but all such papers pertaining to one petition shall be fastened
together and shall be filed as one instrument with the regional clerk.
When presented to the regional clerk the petition shall have been certified
by the board of registrars of voters of each municipality in which collected.
The board of registrars of voters in each municipality in which such petition
forms are filed shall, within seven days following their submission, certify
the signatures which are the names of voters in their respective municipality.
(b) Referral to Cape Cod regional government Legal Officer
- If the regional clerk shall have verified the initiative petition has been
filed by a sufficient number of voters a copy of particular ordinance contained
in the said petition shall forthwith be directed to the Cape Cod regional
government legal officer. Within ten days following receipt of the
copy of the said ordinance the Cape Cod regional government legal officer
shall, in writing, advise the assembly of delegates whether the ordinance
as proposed may validly be proposed by the initiative process and whether
such ordinance may lawfully be adopted by the assembly of delegates.
If the opinion of the Cape Cod regional government legal officer is
that the ordinance does not qualify for the initiative procedure, or that
the ordinance may not lawfully be adopted by the assembly of delegates the
reasons for such opinion shall be stated in full and a copy of the said opinion
shall be furnished to the committee designated on said petition as having
filed the same.
(c) Action on Petition - Within thirty days following the
date a petition has been returned to the assembly of delegates by the
Cape Cod regional government legal officer having been found by such officer
to be conformable to law, the assembly of delegates shall act with respect
to such petition by adopting the same or by adopting a ordinance which is
stated to be in lieu thereof, or by rejecting it. The passage of an
ordinance which is stated to be in lieu thereof shall be deemed a rejection.
If the assembly of delegates has failed to act on such ordinance within the
said thirty days, it shall be deemed to have been rejected on the said thirtieth
day. If an initiative ordinance is rejected, the regional clerk shall
forthwith give notice of such fact in writing to the committee designated
as having filed the same.
(d) Supplementary Petitions - Within forty-five days following
the date of the notice of rejection given by the regional clerk
to the petitioners’ committee, a supplementary initiative petition may be
submitted to the assembly of delegates. The supplementary initiative
petition shall be signed by a number of additional voters which is equal
to at least one percent of the most recent state election, provided, however,
not more than twenty-five percent of signatures shall be from any one municipality.
Signatures to the said supplementary petition need not all be on one paper
but shall be fastened together and shall be filed as one instrument with
the regional clerk. When presented to the regional clerk the
petitions shall have been certified by the boards of registrars of voters
in each municipality in which such petition forms filed shall, within
seven days following their submission, certify the signatures which the names
of voters in their respective municipality . If the number of signatures
is deemed to be sufficient, the assembly of delegates shall make provision
for the submission of the question to the voters at the next biennial state
election occurring ninety or more days following the date of the certificate
that the petitions do contain the names of at least one percent of the voters
of the county and that a valid supplementary petition has been filed.
(e) Publication - The full text of the proposed ordinance
shall be printed and distributed by the assembly of delegates to each residence
in the county known to contain one or more registered voter not less than
two weeks prior to the date of the election at which the question will be
voted upon.
(f) Form of Ballot Question - The ballots used when voting
on a ordinance proposed by voters shall contain a question in substantially
the following form: “Shall the following ordinance which was proposed
by an initiative petition of voters take effect?” (Insert here the
text of the proposed ordinance, or, a fair, concise summary of the proposed
ordinance prepared by the county legal officer).
(g) Time of Taking Effect - If a majority of the votes
cast on the question is in the affirmative the ordinance shall be deemed
to be effective immediately, unless a later date is specified in the ordinance.
Section 7 - 3. Citizen Referendum Procedures.
(a) Referendum Petition, Effect on Final Approval - Within
twenty-one days following the date on which the assembly of delegates has
given final approval to any ordinance, a petition signed by a number of voters
equal to not less than one percent of the total number of persons registered
to vote in the county as of the date of the most recent state election may
be filed with the regional clerk protesting against such ordinance
or any part thereof from taking effect. The assembly of delegates shall
forthwith following receipt of such a petition reconsidered such ordinance
or part thereof, and if such ordinance or part thereof is not then rescinded,
the taking effect of such ordinance shall be suspended pending the submission
of the same to the voters. The assembly of delegates shall provide
for the submission of the question to the voters at the next regular state
election.
(b) Certain Initiative Procedures to Apply - The petition
described in this section shall be termed a referendum petition and insofar
as applicable the procedures described in section 7 - 2 shall apply in respect
thereto except that the words “ordinance or part thereof” shall be understood
to replace the words “proposed Ordinance” in said section and the word “referendum”
shall be deemed to replace the word “initiative” where it may occur.
Section 7 - 4. Excluded Matters.
The following matters shall not
be deemed to be within the scope of the provisions for citizen initiative
and referendum: (1) proceedings relating to the internal organization
or operation of the assembly of delegates; (2) an ordinance passed
in conformity with section 2 - 9; (3) the Cape Cod regional government
budget as a whole; (4) a revenue loan order; or, (5) any appropriation
for the payment of any Cape Cod regional government debt or other obligation.
Section 7 - 5. Submission of Other Ordinances to Voters.
The assembly of delegates may,
on its own motion, submit to the voters of the county for adoption or rejection
at any election any proposed ordinance, or a proposition for the repeal of
amendment of any ordinance, in the same manner and with the same force and
effect as is provided in this article for submission by petition.
Section 7 - 6. Notice to Secretary of the Commonwealth.
Whenever, pursuant to the provisions
of this article relating to initiative and referendum, the assembly of delegates
intends that a question is to appear on the state election ballot the
regional clerk shall at the earliest possible date, but not later than
the first Wednesday in August in an even numbered year, notify the office
of the secretary of the commonwealth of the pendency of such question or
questions, and the form in which such question or questions are to appear
on such ballots.
ARTICLE 8 -- ELECTION RELATED MATTERS
Section 8 - 1. Elections.
The regular elections for Cape Cod regional government
offices shall be held in conjunction with the biennial state election.
Section 8 - 2. Application of State Election Laws.
Except as is expressly provided in this charter, all elections
for Cape Cod regional government offices shall be in conformity with and
shall be governed by the laws of the commonwealth relating to the right to
vote, the registration of voters, the nomination of candidates, the conduct
of preliminary or primary elections, special elections and regular elections,
the submission of propositions to the voters, the counting of votes and the
declaration of results.
Section 8 - 3. Nominations.
The nomination of candidates for
nomination at state primaries shall be by nomination papers. In the
case of candidates for the office of regional commissioner the nomination
papers shall be signed in the aggregate by at least five hundred voters of
the county.
Candidates for the office of assembly
of delegates shall be by nomination papers signed in the aggregate by at
least twenty voters of the municipality from which election is sought.
Elections for the office of assembly of delegates shall be non partisan and
the names of candidates shall not appear on the ballot at the state primary
election. All persons who have filed nomination papers having in the
aggregate the names of twenty or more registered voters shall be entitled
to have their names appear on the ballot at the general election.
The office of the secretary of
the commonwealth shall supply candidates for regional office
with nomination papers and shall issue certification of nomination to candidates
through the office of the regional clerk.
Every nomination paper for a candidate for assembly delegate
shall be submitted to the registrars of voters of the municipality where
the signers appear to be voters on or before five o’clock post meridian on
the twenty-eighth day preceding the day on which it must be filed with the
regional clerk. Nomination papers shall be filed by the candidate with
the regional clerk on or before the eleventh Tuesday preceding the
day of election. The regional clerk shall certify a correct list
of candidates to the secretary of the commonwealth on or before the tenth
Tuesday preceding the day of the election. If the secretary of the
commonwealth shall fail to receive said certified list of candidates on or
before said date, the names of candidates shall not be printed on the ballot.
The regional clerk shall receive the election results from the municipal
clerks, shall tabulate the results and shall certify those elected.
If the secretary of the commonwealth cannot accommodate
the names of all candidates for Cape Cod regional government
office on the ballot in any particular community such officer may, in such
cases, prepare a separate ballot for candidates for Cape Cod regional government
office.
ARTICLE 9 -- GENERAL PROVISIONS
Section 9 - 1. Charter Changes.
This charter may be replaced, revised or amended in accordance
with the procedure made available under chapter eight hundred and one of
the acts of nineteen hundred and eighty-five and it may also be amended in
accordance with the following procedures.
The assembly of delegates may,
by a two-thirds vote of its full membership, provide for the submission of
any proposed amendments to this charter to the voters except any amendment
which related in any way to the composition, mode of election or term of
office of the legislative body or of the mode of election, or appointment,
or term of office of the chief executive or administrative officer of the
Cape Cod regional government. Amendments proposed by the assembly of
delegates shall become effective if approved by a majority of the voters
voting thereon at the next regular biennial state election held more than
one hundred and fifty days following the date of the vote of the assembly
of delegates.
Amendments to this charter which
relate in any way to the composition, mode of election, or term of office
of the legislative body, or the election or appointment or term of office
of the chief executive or administrative officer of the Cape Cod regional
government shall be proposed to the voters only after the enactment by the
state legislature of a special law approving of a petition filed by the assembly
of delegates with the approval of the board of regional commissioners.
The assembly of delegates may,
by a vote of its members representing a majority of the population of Barnstable
county, file a petition for a special law relating to the organization or
operation of the Cape Cod regional government with the clerk of
either branch of the general court at any time. Such petitions shall, upon
receipt be referred by such clerk to an appropriate legislative committee.
Whenever, pursuant to the provisions
of this section relating to charter amendments, the assembly of delegates
intends that a question is to appear on the state election ballot, the county
clerk shall at the earliest possible date, but not later than the first Wednesday
in August in an even numbered year, notify the office of the secretary of
the commonwealth of the pendency of such question, or questions, and the
form in which such question or questions are to appear on such ballots.
Section 9 - 2. Specific Provisions to Prevail.
To the extent that any specific provision of the charter
shall conflict with any provision expressed in general terms, the specific
provision shall prevail.
Section 9 - 3. Rules and Regulations.
A copy of all rules and regulations
adopted by Cape Cod regional government agencies shall be placed on file
in the office of the regional commissioners and made available for review
by any person who shall request such information. No rule or regulation
adopted by any Cape Cod regional government agency shall become effective
until ten days following the day it is so certified by the regional clerk
and filed in the office of the regional commissioners.
Section 9 - 4. Periodic Review, Charter and Ordinances.
(a) Charter/Ordinance Review - At least once in every five
years, in years ending in a five or in a zero, the assembly of delegates
shall provide for a special committee to be established which shall be charged
with the responsibility of reviewing the then-existing charter and ordinances
of the Cape Cod regional government for the purpose of determining if any
amendments or revisions may be necessary or desirable, and to make a report,
with recommendations, to the assembly of delegates concerning any proposed
amendments or revisions which said committee may deem to be necessary or
desirable. Such review may be conducted in conjunction with the Cape
Cod regional government legal officer, or if the assembly of delegates so
directs, by special counsel retained for that purpose. The committee
shall include representation of municipal officials of the municipalities
which comprise the county. Reports, with recommendations, should
be submitted to the assembly of delegates not more than ten months following
the date such committee is appointed.
(b) Copies of Charter and Ordinances - Copies of the charter
and ordinances of the Cape Cod regional government, as most recently
amended or revised shall be kept available for distribution to any
person who may request the same at the office of the county clerk.
A fee may be charged, not to exceed the actual cost of reproduction of the
said material. In any interval between publication of the charter or
ordinances, as amended or revised, supplements shall be published which shall
contain all enactments affecting the charter or ordinances since last publication
in consolidation form.
Section 9 - 5. Loss of Office, Excessive Absence.
If any person appointed to serve
as a member of a multiple member body shall fail to attend three or more
consecutive meetings, or more than one-half of all meetings held during one
calendar year, the remaining members of the multiple member body may by vote
of a majority of the remaining members of the multiple member body declare
the office of such person vacant, provided that prior to the vote on such
question, written notice of an intention so to do shall be given in hand,
or mailed to the last known address of such person.
Section 9 - 6. Procedures Governing Multiple Member Bodies.
(a) Meetings - All multiple member bodies shall meet regularly
at such times and places within the county as they may, by vote, prescribe.
Special meetings of any multiple member body shall be held upon the call
of its chairperson, or by one-third of the members thereof, by written notice
indicating the subject to be acted upon to each member at least seventy-two
hours in advance of the time set, except in the case of emergency.
A copy of the same notice shall be posted on the Cape Cod regional
government bulletin board. Regular meetings of all multiple member
bodies shall be held in public buildings in Barnstable county.
(b) Rules and Minutes - Each multiple member body shall
determine its own rules and order of business, unless otherwise provided
by the charter, by ordinance or by law. Each multiple member body shall
also provide for the keeping of minutes of its own proceedings.
(c) Voting - If requested any member, any vote of a multiple
member body shall be taken by roll call and the vote of each member shall
be recorded in the minutes, provided, however, if any vote is unanimous only
that fact need by recorded.
(d) Quorum - A majority of the full membership of a multiple
member body shall constitute a quorum, but a lesser number may meet and adjourn
from time to time. While a quorum is present, unless another provision
is made by law or by its own rules, all business shall be determined by a
majority vote.
(e) Filling a Vacancy - Whenever a vacancy shall occur
in the membership of an appointed multiple member body the remaining members
shall forthwith give written notice of such vacancy to the appointing authority.
If, at the expiration of thirty days following delivery of such notice said
appointing authority has not appointed some person to fill the vacancy, the
Cape Cod regional government administrator shall fill such vacancy for the
remainder of the unexpired term.
Section 9 - 7. Notice of Vacancies.
(a) Posting - Whenever a vacancy occurs in any appropriated
Cape Cod regional government office or employment, the board of regional
commissioners or other appointing authority shall forthwith cause public
notice of the vacancy to be posted on the Cape Cod regional government
bulletin board for not less than fourteen days and advertised once in each
of two successive weeks in a local newspaper.
(b) Contents - The aforesaid notices shall contain a description
of the duties of the office or position and a listing of necessary or desirable
qualifications therefore.
(c) Exception - This section shall not apply to positions
covered by the civil service law and rules or to the extent that it conflicts
with the requirements provided under the terms of a collective bargaining
agreement.
(d) Publication, List of Cape Cod regional government
officers - Every January, the board of regional commissioners shall place
an advertisement notice in a local newspaper listing all appointed Cape Cod
regional government offices and positions together with the term of office
of each.
Section 9 - 8. Procedures for Discipline.
(a) Oral Reprimand – A department manager observing the action of an employee
warranting discipline, may reprimand the employee. The warning is given
with regard for minimizing embarrassment to the employee and includes suggestions
as to how the behavior or performance can be improved. An oral reprimand
is noted in the employee’s personnel file.
(b) Written Reprimand – After an oral warning, or as otherwise
warranted, the department manager or supervisor can issue a written warning
to the employee including reasons for the warning and an offer of assistance
in correcting the unsatisfactory situation. A copy of the reprimand
is placed in the employee’s personnel file and carries a specified period
in which the behavior will be improved. The employee may prepare his/her
written response to accompany the written reprimand in the employee’s personnel
file. If the situation is improved, the employee will be notified in
writing.
(c) Suspension – A department manager may temporarily suspend
an employee without pay for a maximum of five (5) days. All suspensions
will be reviewed by the commissioners, or designee, within one business day
for affirmation of the department manager’s decision. The purpose of
a suspension is to serve as a final warning to an employee that continued
misbehavior or poor performance may result in discharge. Suspension is generally
imposed only when prior warnings or reprimands have not caused the employee
to bring his/her performance or behavior up to the expected standard.
In some cases involving serious misconduct, suspension may be the first disciplinary
action taken. A department manager will document a suspension in writing
and forward to the human resources director for retention in the employee’s
personnel file.
(d) Dismissal – The board of regional commissions, or their
designee, may terminate an employee for good cause after due consultation
with the department manager recommending dismissal. The employee must
be given a written notice signed by the appointing authority specifying the
effective date of termination, the charge, the specific behavior and the
dates (where appropriate) that support the charge, and any circumstances
affecting the severity of the discipline. The employee is eligible
for a hearing before the board of regional commissioners within fourteen
days of the date of dismissal. Employees having rights under M.G.L.
Ch. 35, s.51 or under Ch. 32, s.16, are not to be dismissed except in accordance
with the procedures of the applicable statute.
(e) Discipline – Discipline is generally a progressive
procedure; however, suspension or dismissal may be the initial step taken
depending upon the severity of the offense.
Section 9A - 1. Grievance and Discrimination Complaint Rights – An
employee who feels aggrieved by an action taken under the provisions of these
policies: who feels he/she has been discriminated against on the basis
of age, race, color, religion, sex, marital status, sexual orientation, national
origin, disability, or veteran status, or any other non-merit factor (except
where such a factor is a bona fide occupational requirement); or who has
experienced job-related harassment or intimidation based on sex, race, or
another factor, may personally, or through his/her representative, appeal
for relief from that condition. It is understood that issues involving
increase or decrease of general wage rates or salaries shall not be considered
the subject of a grievance.
Section 9B – l – Grievance Procedure
All grievances are handled in accordance with the following procedures:
(a) The employee or representative presents in writing
his/her grievance to the department manager within ten calendar days of the
action being grieved or the employee’s knowledge of the grieved action.
The department manager responds in writing to the employee within five calendar
days.
(b) If such grievance is not resolved by the department
manager to employee’s satisfaction, within ten calendar days, the employee
or representative presents, in writing, to the administrator, information
pertaining to the specific section of the plan which has been misapplied,
the date and time, and any other pertinent facts or circumstances.
The administrator responds within fourteen days of the presentation of the
grievance.
(c) If the grievance remains unsettled, the employee must
submit in writing to the board of regional commissions, within ten days from
the date of the administrator’s decision, his/her request for a hearing.
The board of regional commissioners will respond to the grievance within
fourteen days of the date of the hearing. This decision is final.
The board of regional commissioners may elect to assign the responsibility
for conducting the hearing to a hearing officer. The hearing officer
shall be chosen by the board of regional commissioners.
(d) Failure by the employee to respond within the listed
time frames is deemed an acceptance of the decision of the previous level.
Section 9 - 9. Definitions.
Unless another meaning is clearly
apparent from the manner in which the word is used, the following words as
used in this charter shall have the following meaning:
(a) Charter - The word “charter” shall mean this charter
and any amendments to it which may hereafter be adopted.
(b) County - The word “county” shall mean the county of
Barnstable.
(c) Cape Cod regional government Agency - The words “ Cape
Cod regional government agency” shall mean any board, commission, committee
or other multiple member body, and any department, division, or office of
the Cape Cod regional government.
(d) Cape Cod regional government Bulletin Boards - The
words “Cape Cod regional government bulletin boards” shall mean the bulletin
board in the Barnstable county court house building on which official notices
are posted, and those at such other locations within the county which may,
from time to time, be established by vote of the assembly of delegates.
(e) Cape Cod regional government Officer - The words “Cape
Cod regional government officers” when used without further qualification
or description, shall mean a person elected to a Cape Cod regional
government office or a person having charge of an office or department of
the Cape Cod regional government, who in the exercise of the powers
or duties of the office exercises some portion of the sovereign power of
the Cape Cod regional government.
(f) Days - the word “days” shall refer to business days,
not including Saturdays, Sundays and legal holidays when the time set is
less than seven days; when to time set is seven days or more, every day shall
be counted.
(g) Emergency - the word “emergency” shall mean a sudden,
unexpected, unforeseen happening, occurrence or condition which necessitates
immediate action.
(h) general laws - The words “general laws” (all
lower case letters) shall mean laws which apply alike to all counties.
(i) General Laws - The words “General Laws” (used with initial capital
letters) shall refer to the General Laws of Massachusetts.
(j) Local Newspapers - The words “local newspapers” shall mean at least
one daily newspaper of general circulation in one or more parts of the county.
(k) Majority Vote - The words “majority vote” shall, except
when used in connection with the assembly of delegates, mean a majority of
the members of a multiple member body present and voting, provided a quorum
is present when to vote is taken, unless a higher number is required by law
of by its own rules. When used in connection with the assembly of delegates
the words “majority vote” shall mean a vote of delegates representing a majority
of the population of Barnstable county.
(l) Multiple Member Body - The words “multiple member body”
shall mean any Cape Cod regional government body consisting of
two or more persons, whether elected, appointed, or otherwise constituted,
but not the assembly of delegates.
(m) Municipal Bulletin Boards - The words “ municipal bulletin
boards” shall mean the bulletin board, or boards, in each of the municipalities
of the county on which official municipal notices are posted.
(n) Voters - The word “voters” shall mean persons who are
registered to vote in any municipality comprising the county of Barnstable.
Section 9 - 10. Nepotism Forbidden.
Every elected and appointed Cape Cod regional government
official is prohibited from participating in any particular matter in which
any member of their immediate family has a financial interest.
ARTICLE 10 -- TRANSITIONAL PROVISIONS
Section 10 - 1. Effect of Laws.
All general laws, rules, special
laws, rules and regulations of or pertaining to Barnstable county that are
in force when this charter takes effect and not specifically repealed or
rescinded shall remain in effect.
Section 10 - 2. Continuation of Government.
(a) All powers and duties of Barnstable county described
in chapter 163 of the acts of 1988 (Barnstable County Home Rule Charter)
and chapter 716 of the acts of 1989 and chapter 2 of the acts of 1990 (Cape
Cod Commission Act) are preserved and transferred to Cape Cod Regional government
known as Barnstable county. Nothing contained herein shall affect the
existing county boundaries.
(b) All powers and duties of Barnstable County described
in chapter 163 of the acts of 1988 (Barnstable County Home Rule Charter)
and chapter 716 of the acts of 1989 and chapter 2 of the acts of 1990 (Cape
Cod Commission Act) are preserved, transferred to, and shall be retained
by the Cape Cod regional government. Nothing shall be construed to alter
the powers and duties and organization structure as described in chapter
163 of the acts of 1988 and chapter 716 of the acts of 1989 and chapter 2
of the acts of 1990, except as may be otherwise described herein. Any
and all regional planning activities or functions established for Barnstable
county pursuant to the provisions of chapter 716 of the acts of 1989 and
chapter 2 of the acts of 1990 shall be retained by the Cape Cod Commission.
All powers and duties of Barnstable county under any existing regional service
agreements or special acts or laws are hereby transferred to the Cape Cod
regional government. Nothing in this charter shall be construed to
create a new unit within the Barnstable county retirement system, and there
shall be no break in service as a result of this transfer.
(c) The authority granted in chapter thirty-five of the
General Laws to county officials to levy and collect a county tax, to borrow
money in anticipation of taxes and other revenue, to pay bills, for the supervision
of county finances by the state government and for the establishment of a
county personnel system shall all be applicable to the Cape Cod regional
government. The Cape Cod regional government shall, for the purposes
of chapter thirty-five, be deemed to be the county government and the powers
authorized to be exercised by ‘county’ officers or agencies under said chapter
thirty-five shall be exercised by the regional officer or agency performing
the same or substantially similar powers and duties.
(d) The Cape Cod regional government shall for all purposes
be deemed to be the lawful successor to Barnstable County with respect to
the authority granted to Barnstable county by section 2 of chapter 163 of
the acts of 1988, and by sections 11 and 12 of chapter 64D of the General
Laws to levy and collect an additional tax upon deeds, instruments and writings
and to retain said funds to meet its expenses.
(e) Notwithstanding the provisions of section thirty-one
of chapter thirty-five of the General Laws, or any other general or special
law to the contrary, the Cape Cod regional government may establish and maintain
from year to year the following reserve accounts: statutory reserve
account, workmen’s compensation reserve account, receipts reserved for appropriations
account, stabilization fund, and a capital improvements stabilization fund.
(f) Not withstanding the provisions of sub-section (a)
of section 28B of chapter 35 of the General Laws, or any other general or
special law to the contrary, the advisory board for county expenditures to
serve in conjunction with the Cape Cod regional government shall consist
of the persons elected from each town to serve as members of the regional
assembly of delegates.
(g) Notwithstanding any provision to the contrary, the
Cape Cod regional government shall have the authority to authorize revolving
funds in accordance with General Laws chapter 44, 53E and enterprise funds
in accordance with General Laws chapter 44, 53F1/2.
Section 10 – 3. Regional Government Employees.
Notwithstanding the provisions of any general or special
law or rule to the contrary, except as provided for in this act, county employees,
excluding employees of the Sheriff’s department, employed on the effective
date of this act shall be transferred to the Cape Cod regional government
with no impairment of employment rights held immediately before the effective
date of this act, without interruption of service, without impairment of
seniority, retirement or other rights of employees, and without reduction
of pension benefits, compensation or salary grade. Any collective bargaining
agreement in effect immediately before said effect date of the transfer shall
continue in effect and the terms and conditions of employment therein shall
continue as if the employees had not been so transferred. Nothing in
this section shall be construed to confer upon any employee any right not
held immediately before the date of said transfer, or to prohibit any reduction
of salary grade, transfer, reassignment, suspension, discharge, layoff, or
abolition of position not prohibited before such date.
Article 10 – 4. Transfer of property.
The Cape Cod regional government shall for all purposes
be deemed to be the lawful successor to Barnstable county. All property
both real and personal held by Barnstable county at the time this act becomes
effective shall become the property of the Cape Cod regional government.
Section 10 - 5. Transfer of Records and Property.
All records, property and equipment
whatsoever of any agency or part thereof, the powers and duties of which
are assigned in whole or in part to another county agency, shall be transferred
forthwith to such Cape Cod regional government agency.
Section 10 - 6 Continuation of Personnel.
Any person holding a county office
or employment under the county shall continue to retain such office or such
employment and shall continue to perform the duties of the office or of the
employment until such time as provisions shall have been made in accordance
with this charter for the performance of such duties by another person or
agency. No person in the permanent, full-time service or employment of the
county shall forfeit pay grade or time in service. Each such person
shall be retained in an employment capacity as similar to their former employment
capacity as is feasible.
Section 10 - 7. Time of Taking Effect.
(a) This charter shall become effective upon its passage.
In the event that this act is not approved by a majority of voters voting
thereon, the Barnstable County Home Rule Charter as described in chapter
163 of the acts of 1988 and chapter 716 of the acts of 1989 and chapter 2
of the acts of 1990 shall remain in full force and effect.
(b) The contingency components that follow require ratification
by the State legislature, projected effective date July first, two thousand-one.
ARTICLE 11 – CONTINGENCY COMPONENTS
Section 11 – 1. Transfer the Jail, House of corrections to the Commonwealth.
(a) Notwithstanding the provisions of any general or special
law to the contrary, as of July 1 2001, all functions, duties and responsibilities
for the operation and management of the jail and house of correction, and
existing public safety functions, will be transferred to the Commonwealth
of Massachusetts.
(b) Notwithstanding any general or special law to the contrary,
as of July 1, 2001, the sheriff of Barnstable county in office June thirtieth,
two thousand-one, shall become an employee of the commonwealth. The
sheriff shall remain an elected official under the general direction of the
person and/or agency as provided for in the statutes of Massachusetts.
The sheriff shall have such additional powers and duties as may be provided
by Cape Cod regional government ordinance or Administrative Code.
(c) Notwithstanding any general or special law to the contrary,
as of July first, two thousand-one, the commonwealth shall assume all financial
control and responsibility over the Barnstable county jail and house of corrections
and existing public safety functions. The Cape Cod regional government
shall no longer be responsible for maintenance of effort.
(d) All revenues collected from the operation of the functions
cited in section (a) above shall become revenues of the commonwealth as of
July first, two thousand-one, subject to the provisions of this act.
(e) Notwithstanding the provisions of any general or special
law or rule or regulation to the contrary, as of July first, two thousand-one,
the Barnstable county sheriff, all deputies, jailers, superintendents, keepers,
officers, assistants and other employees of the sheriff, employed on June
thirtieth, two thousand-one, in the discharge of their responsibilities set
forth in section twenty-four of chapter thirty-seven and in section sixteen
of chapter one hundred and twenty-six of the General Laws, shall be transferred
with no impairment of employment rights held immediately before the transfer
without interruption of service, without impairment of seniority, retirement
or other rights of employees, without reduction compensation or salary grade
and without change in union representation.
(f) Any collective bargaining agreement in effect immediately
before said effective date of the transfer shall continue in effect and the
terms and conditions of employment therein shall continue as if the employees
had not been so transferred. Nothing in this subsection shall be construed
to confer upon any employee any right not held immediately before the date
of said transfer, or to prohibit any reduction in salary grade, transfer,
reassignment, suspension, discharge, layoff or abolition of position not
prohibited before such date.
(g) All demands, notices, citations, writs, precepts, and
all other notices given by the sheriff, deputies, jailers, superintendents,
keepers, officers, assistants or other employees of the sheriff, as the case
may be, before the effective date of the transfer shall be valid and effective
for all purposes unless otherwise revoked, suspended, rescinded, canceled
or terminated in accordance with law.
(h) Any enforcement activity imposed by the sheriff, any
deputies, jailers, superintendents, keepers, officers, assistants or other
employees of the sheriff, before the effective date of the transfer shall
be valid, effective and continuing in force according to the terms thereof
for all purposes, unless superseded, revised, rescinded or canceled in accordance
with law.
(i) All petitions, hearings, appeals, suits and other proceedings
duly brought against, and all petitions, hearings, appeals, suits, prosecutions
and other legal proceedings begun by the sheriff, deputies, jailers, superintendents,
keepers, officers, assistants or other employees of the sheriff, as the case
may be, which are pending immediately before the effective date of the transfer,
shall continue unabated and remain in force notwithstanding the effective
date of the transfer.
(j) All records maintained by the sheriff, deputies, jailers,
superintendents, keepers, officers, assistants and other employees of the
sheriff before the effective date of the transfer shall continue to enjoy
the same status in any court or administrative proceeding, whether pending
on the effective date of the transfer or commended thereafter, as they would
have enjoyed in the absence of the transfer.
(k) In the case of employees of the Barnstable county jail
or house of correction in the custody and control of the sheriff of Barnstable
county, the employer, as defined in section one of chapter one hundred and
fifty E of the General Laws, shall mean the sheriff of Barnstable county
or any individual who is designate to represent the sheriff and act in his
interest in dealing with employees.
(l) The Barnstable county fire training academy is not
a public safety function under the governance of the Sheriff and shall not
be transferred to the state.
Approved May 31, 2000.