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MassachusettsH 5053194th General Court (2025-2026)House

An Act establishing a charter for the town of Orange

Sponsored By: Joanne M. Comerford (Democratic), Susannah M. Whipps (Independent)

Signed by Governor

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

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Bill Overview

Analyzed Economic Effects

25 provisions identified: 18 benefits, 1 costs, 6 mixed.

No loss of pay or tenure in transition

Officials serving when the Charter takes effect keep serving until successors qualify or duties change. Regular full-time and part-time town employees do not lose pay grade or longevity because of this Charter. Officers with tenure keep that tenure.

Budget timelines and spending controls

The law sets a clear budget calendar. The Town Manager submits a full budget and message at least 60 days before Annual Town Meeting. The Finance Committee holds public meetings and shares recommendations at least 14 days before. The Town Manager presents the budget, and Town Meeting adopts it. All town receipts go to the Treasury, and payments follow an Accountant–Manager–Select Board approval chain. Most yearly appropriations lapse at year end; capital funds stay until used. In the final month, spending is capped at 1/12 of the annual amount unless already encumbered or an emergency.

Five-member Select Board and powers

The Select Board has five at-large members serving overlapping 3-year terms. Vacancies are filled by special election under state law. Within six months of appointing a Town Manager, the Board adopts written policies and reviews them within 90 days after each annual election. The Board appoints the Town Manager, members of the Board of Registrars, the Zoning Board of Appeals (and associates), and Election Officers.

Five-year capital plan with hearings

The town creates a five-member Capital Program Committee of residents (no town employees or officers). It studies land buys or projects of $25,000 or more that last three years or longer. Boards must send five-year project lists by December 1 each year. The Committee files a yearly capital budget, posts a summary online, and holds a public hearing at least 7 days after notice. The Select Board presents the plan to the Annual Town Meeting. The capital plan and related budget are public records at the Town Clerk and Library.

Local elections timing and rules

Town elections are held the first Monday in March. All town elections are nonpartisan, and ballots show no party labels. Any registered voter in town can run for any elective town office. The town draws precincts that are compact, contiguous, and close in population.

More open records for town business

Town boards must organize yearly, adopt rules, keep minutes, and file public records with the Town Clerk. All appointment and removal notices must be filed with the Clerk as public records. If the Select Board holds a removal hearing, the hearing transcript is also a public record.

New town government and powers

The law sets an Open Town Meeting, a Select Board with executive power, and a Town Manager. The Select Board can make rules on town elections and policies, but actions that need money only take effect if Town Meeting funds them. The Town may use all powers allowed by state law and can work with other governments. The charter is read to favor the Town, and specific rules beat general ones. The Select Board or Town Manager can investigate town offices and require documents and testimony.

Sewer and wastewater board setup

The Moderator appoints three residents to the Sewer and Wastewater Commission for staggered three‑year terms. One member must have public works or engineering experience and one must have finance or accounting experience. The commission must send an annual report to the Town Manager.

Smooth switch to the new charter

The charter takes effect on the next July 1 after local voter approval and required state approvals. Existing bylaws and acts stay in force unless they conflict with the charter. A five‑member Bylaw Revision Committee must be appointed within 30 days, and the Clerk must republish bylaws. When functions move, all records and property move at once. Existing contracts continue, and pending cases are not affected.

Town Meeting rules and voter access

Annual Town Meeting is the second Monday in May. Ten voters can add an item to the Annual warrant. For a Special Meeting, 100 voters or 10% of voters (whichever is less) can add items, and 200 voters or 20% (whichever is less) can force a Special Meeting within 45 days. Town Meeting follows the Town Meeting Time handbook, and a simple guide must be posted online. The Moderator may change article order, allow secret ballots, certify two‑thirds by voice, and adjourn if quorum fails.

Town Meeting rules and voter access

All registered voters legislate in an Open Town Meeting. At least 75 voters must be present to do business. The Select Board prepares meeting warrants, which close 60 days before the Annual Town Meeting. Warrants are posted online and in four public places at least 14 days before. The Board delivers copies to officials, and any voter may request a mailed copy each year. The Moderator serves a 3-year term, appoints the Finance Committee and some other members, and a temporary Moderator is elected if needed. Town officials and department heads are expected to attend to answer questions.

Town services grouped into three divisions

Town services are organized into Finance & Administration, Public Safety, and Public Services. The Town Manager oversees these functions and named departments such as Highway, Parks, Cemetery, Sanitation, Water, and Sewer & Wastewater. If a Public Works Division is created, those departments move under it. The manager may serve as a division director without extra pay. Finance handles taxes, receipts, disbursements, permits, licensing, and elections. Public Safety includes Emergency Management, Fire, Police, Public Health, and Inspections. Public Services covers general services, recreation, the library, and veterans’ services.

Voters keep control of town budget

Town Meeting votes on operating and capital budgets, bond issues, and other financial plans. Operating items appear in one omnibus article, and regular capital items in one omnibus article. State financial laws apply along with this charter. These rules keep budget power with voters and standardize how items are shown.

Which town offices you elect

Voters elect the Town Clerk, Moderator, Library Trustees, Select Board, Board of Health, Water Commission, Cemetery Commission, Housing Authority, Elementary School Committee, Orange members of the Mahar Regional School Committee, Soldiers’ Memorial Trustees, and Constables. Constables serve three‑year overlapping terms. The Library has six elected trustees with three‑year overlapping terms; they run the library, buy materials, and set library rules.

You can recall elected officials

Any elected town official can be recalled. Start by filing an affidavit signed by 150 voters; then return petitions within 30 days signed by at least 10% of voters. If certified, the Select Board must schedule a recall election 60–120 days later (or use a regular election set within 60–90 days). The ballot first asks “For the recall” or “Against the recall,” and the incumbent is listed unless they opt out. The incumbent serves until the vote; if recalled, the top vote‑getter wins.

Stronger planning and environmental reviews

The Town Manager appoints a five-member Planning Board to 3-year terms. The Board develops a master plan and gives recommendations at least 60 days before Town Meeting. The plan guides reviews of major developments. The Town Manager may hire a qualified planning director when funds are appropriated. A three-member Conservation Commission handles local conservation duties. The Town Manager coordinates development boards (not the Zoning Board of Appeals). Articles on planning, zoning, land, conservation, or sewer extensions require review, with committee chairs present to explain recommendations.

Merit hiring and clear personnel rules

All town hiring and promotions are based on merit proven by exams or other solid evidence. The Town Manager proposes full personnel rules on job classes, pay plans, hiring and promotion methods, layoffs, leave, provisional hires, training, and grievances. The Select Board votes on these rules in public. Once approved, rules take effect, are filed with the Town Clerk, and shared with all employees. Changes follow the same steps.

School budgets due by Feb. 1

Orange members of the regional and elementary school committees serve overlapping 3-year terms. Each committee must submit its adopted budget to the Town Manager by February 1 each year.

Cooling-off period for ex-officials taking town jobs

A person who held an elected office on a board or commission cannot take a paid town job under that body during their term. They also cannot take such a job for one year after their term ends.

Clear rules for vacancies and removal

Appointing authorities may rescind appointments, but must give written notice first. They may declare a seat vacant for missing four meetings in a row or over one-quarter in a year, with notice. Vacancies on appointed boards are filled for the unexpired term; if not filled in 30 days, remaining members may recommend a replacement. Vacancies on elected boards are filled under state law by the Select Board with remaining members. Offices that would expire in March continue until the next election or a successor qualifies. The Charter defines key terms, including that “Town” means Orange and “voters” are registered voters of Orange.

Election clerk duties and bylaw re-vote limits

The Town Clerk and Board of Registrars recommend election officers and carry out duties set by law and the Charter. If voters later make the Clerk an appointed job, the Town Manager appoints and a majority of the full Select Board approves. Anyone elected starts work after certification and taking the oath from the Clerk. A bylaw or ordinance that Town Meeting rejected cannot return for two years unless the Planning Board or Select Board recommends it in a final report.

Faster recalls with clear timing limits

The Town Clerk must send a recall petition to the registrars within 3 business days. Registrars must certify voter signatures within 5 business days. No recall is allowed if the official’s term ends within 6 months of filing the recall certificate. No petition is allowed in the first 90 days after an official takes office, or until 90 days after a recall election.

Rules to hire and oversee the Town Manager

The Select Board appoints the Town Manager by at least four votes and sets pay within the budget approved by Town Meeting. A candidate needs a bachelor’s degree or at least three years of full-time executive experience, and cannot have held Orange elected office in the prior two years. The Board must run a public search and advertise in a municipal management publication. The manager works full time, cannot run for elected office, must attend Board meetings, and must provide reports. Removal needs at least four votes; after six months it follows Open Meeting Law and cannot occur within 90 days after an election that changed Board members. The manager must give 60 days’ notice to resign. An acting manager may serve up to 90 days (renewable), but not Board members or their families.

Town Manager control over hiring and reorg

The Town Manager negotiates labor contracts, acts as Chief Procurement Officer, and may name procurement officers. With Select Board approval, the manager can create, merge, or abolish departments and offices, consistent with state law. The manager hires, disciplines, and can remove most town employees and members of boards and committees, with listed exceptions (schools, library trustees, housing authority, water, airport, and others in the Charter). Hiring Town Counsel needs a majority vote of the full Select Board.

Housing Authority members and terms set

The town’s Housing Authority has five members. One is appointed by the state and four are elected. All serve five‑year overlapping terms.

Sponsors & Cosponsors

Sponsors

  • Joanne M. Comerford

    Democratic • Senate

  • Susannah M. Whipps

    Independent • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 11 • No: 0

committee vote • 3/6/2026

Committee Favorable: ought to pass

Yes: 11 • No: 0

Actions Timeline

  1. Signed by the Governor, Chapter 116 of the Acts of 2026

    6/30/2026

  2. Enacted and laid before the Governor

    6/29/2026Senate

  3. Enacted

    6/29/2026House

  4. House concurred in the Senate amendment

    6/29/2026House

  5. Referred to the committee on Bills in the Third Reading

    6/22/2026House

  6. Passed to be engrossed

    6/18/2026Senate

  7. Amended (Comerford) by striking out all after the enacting clause and inserting in place thereof the text of S3135

    6/18/2026Senate

  8. Read third

    6/18/2026Senate

  9. Taken out of the Orders of the Day

    6/18/2026Senate

  10. Read second and ordered to a third reading

    6/11/2026Senate

  11. Read; and placed in the Orders of the Day for the next session

    4/16/2026Senate

  12. Read third and passed to be engrossed

    4/13/2026House

  13. Read second and ordered to a third reading

    3/23/2026House

  14. Rules suspended

    3/23/2026House

  15. Committee reported that the matter be placed in the Orders of the Day for the next sitting

    3/23/2026House

  16. Bill reported favorably by committee and referred to the committee on House Steering, Policy and Scheduling

    3/12/2026House

  17. Hearing rescheduled to 03/03/2026 from 01:00 PM-01:30 PM in 222 and Virtual<br> <span style="color: blue; font-style: italic;">Hearing updated to New End Time</span>

    3/3/2026legislature

  18. Hearing scheduled for 03/03/2026 from 01:00 PM-03:00 PM in 222

    2/12/2026legislature

  19. Senate concurred

    2/5/2026Senate

  20. Referred to the committee on Municipalities and Regional Government

    2/2/2026House

Bill Text

  • Chapter 116 of the Acts of 2026

    6/30/2026

    PDF

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