MassachusettsH 4232194th General Court (2025-2026)House

An Act relative to the charter of the town of Fairhaven

Sponsored By: Mark C. Montigny (Democratic), Mark D. Sylvia (Democratic)

Signed by Governor

Municipalities and Regional GovernmentHouse Steering, Policy and SchedulingBills in the Third Reading

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Bill Overview

Analyzed Economic Effects

15 provisions identified: 12 benefits, 0 costs, 3 mixed.

New Housing Authority for affordable homes

The law creates a five-member Housing Authority. One member is appointed by the state; four are elected. Members serve overlapping five-year terms. The Authority works to provide quality, affordable housing for low- and moderate-income people, seniors, and people with disabilities.

Property tax appeals and abatements

A three‑member Board of Assessors is appointed to part‑time, three‑year terms. The Board hears property tax appeals and decides abatements. Homeowners can ask for relief if they believe their assessment is too high. The Board follows duties in state law and town bylaws.

Budget, finance, and capital planning

By December 31 each year, the Town Administrator submits a proposed budget with revenues, spending, debt service for past, current, and next five years, and capital needs. A Director of Finance coordinates the treasurer, assessors, accountant, and collector and helps with a long‑range plan. The Finance Committee has 13 members, reviews money articles, and publishes recommendations; town employees and most officeholders cannot serve. The Administrator is the Procurement Officer and must follow state procurement law. The town’s fiscal year runs July 1 to June 30, and a Capital Planning Committee helps create a five‑year capital plan.

Charter takes effect and regular review

The Charter takes effect when voters approve it. People holding elected offices that become appointive keep serving until their terms end. Within 45 days, the Select Board appoints a bylaw review committee to report at the next Town Meeting. Within three years, the Moderator appoints a seven‑resident charter review committee that excludes town employees and Select Board members. The Charter is reviewed every nine years after that.

Local elections, Planning Board, and recall

The law lists which town offices are elected and sets member counts and term lengths; most terms are three years, and Housing Authority members serve five. The Planning Board has nine members with overlapping three‑year terms, phased in: three in 2027, three plus one one‑year seat in 2028, then three each year starting in 2029. Voters can recall an elected official with more than six months left: 50 voters start it, petitions need signatures from at least 20% of registered voters in 14 days. Registrars certify within seven days. A recall election is held 60 to 90 days after certification, with special timing if a town election is within 100 days.

Public Works runs water, roads, trash

A five‑member Board of Public Works is elected at large to three‑year terms. The Select Board fills any vacancy within 30 days until the next election. Town employees and people who hold other town offices (except Town Meeting members) cannot serve. The Board oversees highways, water, sewers, parks, cemeteries, refuse, and construction and maintenance of the town dump, and may take on related duties by by‑law.

Select Board must approve big contracts

The Town Administrator cannot sign or bind the town to any contract over $50,000 without prior Select Board approval. This applies no matter the contract length or auto-renew terms. State or special law can allow exceptions.

Select Board roles and oversight

A five‑member Select Board is elected at large to overlapping three‑year terms and fills vacancies by special election. The board appoints town counsel and most committee and board members, except those elected, moderator‑appointed, on the Finance Committee, or under the School Committee or Board of Public Works. It issues all Town Meeting warrants and handles licenses and quasi‑judicial duties. The board reviews the Administrator’s budget and its decisions are built into the budget presented to Town Meeting.

Stronger notice and open meetings

After opening a Town Meeting warrant, the Select Board must post notice on the town website within 24 hours. A printed warrant is posted and published at least seven days before the meeting, and it cannot close until notice has been up for at least 10 days. The warrant goes to the Finance Committee and the Moderator at least 21 days before Annual Town Meeting. Town rules must be filed with the Town Clerk, posted online and in local media, and take effect 10 days after the last of those steps. Multi‑member bodies give 48 hours’ written notice for special meetings listing subjects, and share agenda documents 48 hours before or get unanimous consent to accept late documents.

Town Administrator runs daily operations

Fairhaven uses a Select Board–Town Administrator–Town Meeting form of government. The Town Administrator is the chief administrative officer and answers to the Select Board. The Administrator manages most departments (not schools or Public Works) and may reorganize them with Select Board approval and full budget and staffing details. The Select Board appoints the Administrator by contract for up to three years and needs four votes (or three of four if one member recuses). The board may discipline or remove the Administrator for just cause with written notice and a public hearing within 30 days. During a vacancy, an acting Administrator may serve up to 180 days, with one 180‑day extension.

Town Meeting membership and precincts

The town has 4 to 8 voting precincts, each with at least 500 registered voters. Each precinct’s Town Meeting membership is the largest number divisible by 3 that is no more than 2.7% of that precinct’s residents, with staggered initial terms. Certain officials serve as Members‑at‑Large, including the Moderator, Town Clerk, Select Board, School Committee, Planning Board, Board of Public Works, Board of Health, Commissioners of Trust Funds, elected Housing Authority members, the Finance Committee chair, and any resident state legislator. A quorum is 100 members to do business, or 75 at an adjourned meeting.

Board of Health inspections and fees

A three‑member Board of Health is elected to overlapping three‑year terms. It appoints and supervises a Health Agent under the personnel bylaw. The Board follows state and federal rules on disease control, food and dairy safety, sewage, dumping, and littering. It conducts inspections and may charge fees allowed by law.

Elected School Committee sets policy and budget

The law creates a five-member elected School Committee. Members serve overlapping three-year terms. The Committee appoints the superintendent and the school business administrator. It sets school goals and policies and proposes the school budget, which Town Meeting must approve. The Committee reports to Town Meeting and meets with the Select Board each year.

Town staff hiring and labor rules

The Town Administrator runs day‑to‑day personnel policies for most employees, except schools and some Public Works hiring. Department heads must hire and fire based on merit, with prior approval from the Administrator and in line with laws and bylaws. The Administrator may appoint, suspend, or remove department heads, subject to Select Board review within 15 days. Appointed employees not covered by civil service or a union contract may be removed or suspended by the appointing authority. The Administrator negotiates union contracts (schools negotiate through the School Committee with the Administrator voting; Public Works talks include the Administrator, the Superintendent, and a Public Works board member). Final contracts need Select Board approval and Town Meeting funding.

New hiring rules for Public Works chief

The Board of Public Works appoints a Superintendent of Public Works and sets the pay. The Superintendent serves at the Board’s will and is not covered by state civil-service law (chapter 31). The Superintendent must be qualified and give a bond. With Board approval, the Superintendent may hire assistants.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 11 • No: 0

committee vote • 7/25/2025

Committee Favorable: Ought to Pass