Fillable Form 5 - Additional Information Required for: Charter (Commonwealth of Massachusetts)

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Form 5 - Additional Information Required for: Charter (Commonwealth of Massachusetts)

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Rev. 04/2014Page 1 of 3Form 5
FORM 5
Town:
Date Town Meeting Convened:
Form 5 - Additional Information Required for
Charter Amendments Proposed Pursuant to G.L. c. 43B, § 10
1
1
Municipal charters may be amended in accordance with the procedures set forth in G.L. c. 43B, § 10 (Home Rule Procedures Act), and this
Form 5 is intended for use in connection with these procedures. Charters may also be amended by a Home Rule Special Act of the Legislature,
in connection with which the approval of the Attorney General is not required. Note that any charter amendment that proposes a change in (1)
the composition, (2) the mode of election or appointment, or (3) the terms of office of: (a) the legislative body, (b) the mayor (i.e. chief
executive officer), (c) the city manager, (d) the board of selectmen, or (e) the town manager, may not be proposed under G.L. c. 43B, § 10, but
only upon the proposal of a Charter Commission in accordance with G.L. c. 43B, §§ 3-9, or by a Special Act.
Please complete the following questions (1, 2A or 2B, 3), and sign. Ensure that you have included all appropriate
attachments (1, 2, 3, and 4).
1. Existing Charter. Please check one.
The service of the town meeting warrant was in accordance with:
A Home Rule Charter adopted under G.L. c. 43B, § 9; or
A Special Act Charter established by Special Act of the Legislature; or
Laws having the force of charter by virtue of section nine of Article LXXXIX
of the Amendments to the Constitution
Include Attachment #1. Check to indicate the following has been included:
Complete copy of existing charter
2A. If the charter amendment was proposed either by the city council or the town meeting pursuant to M.G.L. c.
43B, § 10(a): Indicate the date on which the proposal was approved by a two-thirds vote of the town meeting but (if
a city) the date on which the proposal was approved by the mayor in any municipality that has a mayor as defined in
the last sentence of G.L. c. 43B, § 10(a).
Date Order Approved by the town meeting
Date Order Approved by the mayor (if applicable)
OR
2B. If the charter amendment was proposed upon the suggestion of those identified in G.L. c. 43B, § 10 (b):
a.) Was the proposed amendment one substantially the same as one already considered and voted upon within the
last twelve (12) months?
Yes No
Note: If "yes," then you must either petition for a Special Act of the Legislature or proceed under G.L. c. 43B, §§ 3-9.
b.) Date the petition was filed with the clerk:
Include Attachment #2. Check to indicate the following has been included:
A copy of the petition
c.) Within three (3) months of the filing date [2B(b)], did the city council or board of selectmen order a public
hearing on the proposed change(s)?
Yes No
Order Date:
Rev. 04/2014Page 2 of 3Form 5
FORM 5
d.) Before what board was the public hearing held?
Charter Commission
City Council
Board of Selectmen
Other
Please Specify
e.) Was the public hearing held not later than four (4) months from the filing date [2B(b)]?
Hearing Date:
Yes No
f.) Was the notice of the public hearing published in a newspaper of general circulation in the city or town at least
seven (7) days prior to the date of the public hearing?
Publication Date:
Yes No
A copy of the newspaper notice showing the date of publication
Include Attachment #3. Check to indicate the following has been included:
g.) Except where the hearing was before the city council, did the board or committee holding the public hearing
report its recommendations to the city council or town meeting?
NoYes
A copy of the newspaper notice showing the date of publication
Include Attachment #3. Check to indicate the following has been included:
Was the report oral or written?
Oral Written
h.) If a city, was final action taken by the city council not later than (6) months after the filing date [2B(b)]?
Yes No
i.) If a town, was final action taken by town meeting not later than the first annual town meeting held at least six
(6) months after the filing date [2B(b)]
2
2
This language simply means that town meeting may act any time prior to the first annual town meeting that takes place 6 months or more from the
date on which the petition was filed. Note also that at any time after the public hearing, two hundred (200) registered voters or twenty per cent
(20%) of the total number of registered voters, whichever is less, may request the selectmen to call a special town meeting to consider the suggested
amendment, and the selectmen shall call a special town meeting to be held not more than forty-five (45) days after the receipt of the request.
Final Action Date:
Yes No
Final Action Date:
Date SignedPrinted Name of Town ClerkSignature of Town Clerk
Certification
I certify the above declaration to be true and correct to the best of my knowledge.
Rev. 04/2014Page 3 of 3Form 5
FORM 5
3. Submission to the Attorney General
3
(MANDATORY). Indicate dates on which the proposed amendment was
submitted to:
The Attorney General
The Department of Housing and Community Development
3
Immediately following a vote by a municipal legislative body (city or town council, town meeting) proposing to the voters an amendment of the
charter, use this Form 5 to submit a copy of the proposed amendment to the Attorney General for approval. The Attorney General then has four (4)
weeks within which to issue a written opinion setting forth any conflicts between the proposed amendment and the Constitution and laws of the
Commonwealth. The Attorney General sends a copy of that opinion to (a) the City Council or Board of Selectmen and (b) DHCD. The order of the
local legislative body proposing the amendment will take effect four (4) weeks after the date of submission to the Attorney General unless before
that date the Attorney General reports that the proposed amendment conflicts with the Constitution or laws of the Commonwealth, in which case the
order will not take effect and the proposed amendment may not be placed on the ballot for voter action.
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Form 5 - Additional Information Required for: Charter (Commonwealth of Massachusetts)

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Completed 14 August 2020

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