MassachusettsH 4399194th General Court (2025-2026)House

An Act further amending the charter of the town of Middleton

Sponsored By: Bradley H. Jones Jr. (Republican)

Signed by Governor

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

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 10 benefits, 1 costs, 5 mixed.

Town staff who bid must resign

If a paid town officer or employee files a bid on a town contract, that bid counts as a notice of resignation. This applies unless a state law specifically allows you to bid and keep your job. Town workers who bid risk losing their position and pay.

New town job rules and protections

The Town Administrator is the main full‑time administrative officer and reports to the Select Board. The Administrator must propose personnel rules, and the Select Board may adopt them. Rules can cover pay, job classes, hiring, promotion, hours, leave, training, union relations, grievances, and removal steps. These rules do not override state law or a union contract. If you get a notice of intent to remove, you have 5 days to ask for a public hearing. After a hearing, the appointing authority must act 1–10 days after it ends. If you do not ask for a hearing, the authority must act 6–15 days after the notice, either removing you or canceling the notice.

Elected town offices and volunteer costs

The charter lists which town offices are elected, including school committees, planning, assessors, library trustees, town clerk, housing authority, electric commissioners, a constable, and the moderator. Members who serve without pay can be reimbursed for actual and necessary expenses if money is appropriated.

Five-member board with oversight powers

The Select Board has five members with overlapping three-year terms. Vacant seats may be filled by special election under state law. The Board can investigate town affairs, subpoena witnesses, take sworn testimony, and require documents. Findings are filed with the Town Clerk and printed in the next Annual Town Report.

How board vacancies and meetings work

Vacancies on Chapter 5 boards are filled by the Select Board together with the remaining board members under state law. All boards must organize each year, elect a chair, adopt rules, and keep public minutes. Closed meetings are allowed only when state law permits an executive session.

May election date and quick start

Town elections are held on the third Tuesday in May. The Select Board may move the date for public health, safety, or welfare reasons if state law allows. Elected people begin work right away after taking the oath.

Regular reviews of charter and by-laws

Every 10 years, the Moderator appoints a Charter Review Committee to recommend changes to Town Meeting. The Select Board must have a By‑law Committee review the town’s General By‑laws at least every five years. Registered voters can request and get copies of the by‑laws.

Rules to keep Town Meeting orderly

If attendance falls below quorum, Town Meeting must adjourn to a stated date, time, and place or be dissolved. For procedures, Town Meeting uses the latest Town Meeting Time unless state law, the charter, or a by-law says otherwise.

Set terms for key town officers

Town Counsel and the Town Accountant serve three-year terms. The Police Chief and Fire Chief have indefinite terms. The Conservation, Recreation, and Historical Commissions each have five members with overlapping three-year terms.

Stronger planning input on land issues

Two Planning Board alternates are jointly appointed each year. The chair can seat an alternate when a member is absent, has a conflict, cannot act, or a seat is vacant. The Planning Board must give recommendations on zoning, land use, conservation, sewer extensions, and similar articles. It may also advise the Select Board on the town’s physical, economic, and environmental development.

Stronger Town Administrator for budget and staff

The Town Administrator prepares the operating budget and capital program with the Town Accountant. The Administrator is the Chief Procurement Officer; bid rules still apply, and the Select Board must vote to award a contract not to the lowest bidder. The Administrator supervises department heads, handles hiring, reviews, grievances, discipline, safety, and carries out labor agreements, with help from Town Counsel if needed. The Select Board may place the Administrator on paid leave for up to 45 days (extendable) with a prompt hearing right. The Board may appoint an acting Administrator for up to 90 days (extendable) by at least three votes.

Yearly audit of all town finances

An annual audit covers all town accounts, books, records, and financial transactions. It includes every department, board, and commission, including the elementary school department.

Clear rules to suspend or remove staff

Appointed officers and salaried employees not under state civil service can be suspended or removed for good cause, including incapacity, inefficiency, insubordination, or conduct unbecoming. The appointing authority may place an employee on paid administrative leave to protect the town while proceedings go on. Paid leave cannot cut off the employee’s procedural rights.

Clearer budgets, capital plans, and hearings

The Town Administrator must submit the operating budget 90 days and the capital budget 60 days before Annual Town Meeting. A five‑year capital plan is due at least 150 days before the fiscal year, with costs, financing, schedules, and operating costs. The Finance Committee must publish where to see budget materials, hold hearings at least seven days after notice, and give a budget message with major changes, debt, and the estimated impact on the tax rate. Town Meeting must act on budgets and bonds. Separate-article appropriations stay in force, but are abandoned after three years with no spending or contract. The Elementary School Committee must hold a budget hearing at least two weeks before filing and share summaries.

New recall rules for town officers

Voters can recall an elected officer if a petition has ink signatures from at least 12% of voters from the last town election. After the petition is found sufficient, the recall vote is held 90 to 110 days later. No recall happens if the officer’s term ends within 150 days of that finding or if the officer resigns. A recall passes only if yes votes are a majority and at least 12% of all eligible voters vote yes.

Slower re-votes on failed Town Meeting articles

If an article fails at Town Meeting, it cannot go back on the warrant for 1 year. If a zoning article fails, it cannot be voted again for 2 years. The Planning Board can recommend bringing a failed zoning article back sooner.

Sponsors & Cosponsors

Sponsor

Bradley H. Jones Jr.
Republican • House

Cosponsors

Bruce E. Tarr
Republican • Senate
Sally P. Kerans
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 10 • No: 0

committee vote • 9/12/2025

Committee Favorable: ought to pass