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S 3135

Amendment S.3135

194th Legislature (2025-2026) Introduced by Jo Comerford

Establishes a comprehensive home-rule charter for Orange with an open town meeting, a five-member select board, and a professional town manager to govern budgeting, planning, and a

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Bill Summary · S 3135

Summary of Bill S.3135 (Massachusetts, 194th Session)

This Senate amendment proposes replacing the House-authored charter for the Town of Orange (House Bill 5053) with a comprehensive home-rule charter for Orange. It establishes an open town meeting with a town manager form of government and sets out the structure, powers, and operating rules for town governance, budgeting, elections, planning, and administration. Key elements are outlined below.

Purpose and intent

  • Reincorporate and reaffirm local self-government under a Town of Orange Charter.
  • Implement a home-rule framework granting broad powers to the town and providing a clear organizational structure for municipal governance.
  • Emphasize liberal construction of town powers and a gender-neutral approach.
  • Establish a modern administrative-oversight model featuring an elected open-town meeting, a five-member select board, and a professional town manager.

Form of government (Chapter 1, Chapter 3, Chapter 5, Chapter 6)

  • Open town meeting with a select board and a town manager (open town meeting-select board-town manager form of government).
  • Town manager acts as chief administrator, reporting to the select board and coordinating municipal operations.
  • Town manager has authority over most departments, subject to general laws and by-laws; may hire and supervise staff, negotiate contracts, and reorganize departments with select board approval.
  • Select board holds executive powers (with duties including policy guidance, budget oversight, and appointment power for certain officials and boards).
  • The charter provides for the appointment of key town officers and boards, including the town clerk (3-year term), and outlines roles for financial, planning, and public safety functions.

Town Meeting provisions (Chapter 2)

  • Town meeting is the legislative body, open to all registered voters.
  • Quorum set at 75 registered voters for meetings; procedures modeled on Town Meeting Time with simplified parliamentary rules published for public use.
  • Annual town meeting on the second Monday of May, with continuation days as needed.
  • Special town meetings may be called by the select board (upon written petition by 200 voters or 20% of voters, whichever is less) and must occur within 45 days of the request.
  • Warrant development, posting, and notice requirements: omnibus articles for operating and capital budgets; articles for expenditures reviewed by the finance committee; planning, land use, and related articles reviewed by the appropriate board before town meeting.
  • Finance committee participates in budget review and provides written recommendations to voters.
  • Provisions for notices, posting, and distribution to key town officials and residents.

Select Board (Chapter 3)

  • Five at-large members, elected for 3-year overlapping terms.
  • Executive authority over town affairs, with duties to supervise town operations, propose budgets, and appoint major officials (e.g., town manager, registrars, zoning board of appeals members, and election officers).
  • Requires policies and procedures for the manager and boards, with updates following annual elections.
  • Establishes appointment processes for key boards and bodies.

Elected officers and town boards (Chapter 4)

  • Specific elected positions: town clerk, moderator, library trustees, select board, board of health, water commission, cemetery commission, housing authority, elementary school committee, Mahar regional school committee members, Soldiers’ Memorial Trustees, and town constables.
  • Terms and rules aligned with General Laws, with restrictions on holding multiple roles simultaneously in certain cases.
  • School-related budget timing: Mahar regional and Orange elementary committee must submit budgets for consideration by February 1.

Town Manager (Chapter 5)

  • Select board appoints town manager with at least 4 affirmative votes.
  • Qualifications require a bachelor’s degree in public administration or similar experience, plus at least 3 years of senior administrative experience; candidate must not have recently held elective office in Orange.
  • Town manager responsibilities: chief administrative officer, staff oversight, contract negotiation, interdivisional coordination, procurement responsibilities, and authority to reorganize departments (subject to legal limits).
  • Division structure and responsibilities clearly defined and aligned with a potential future public works division.
  • Removal rules: first six months by 4-vote majority; after that, 4-vote majority with a 90-day “cooling” constraint after elections that change board composition.
  • Vacancy handling with acting town manager provisions.

Town administrative organization (Chapter 6)

  • Four divisions: Finance and Administration; Public Safety; Public Services; and (if/when created) Public Works.
  • Each division overseen by the town manager, with potential directors and managers as appropriate.
  • Establishes a Sewer and Wastewater Commission (3 members) and requires a balanced mix of expertise.
  • Personnel policies centralized under the town manager, subject to select board approval; merit-based hiring emphasized.

Elections and apportionment (Chapter 7)

  • Town elections held on the first Monday of March.
  • Nonpartisan elections; ballots are party-agnostic.
  • Voter eligibility open to all registered town voters.
  • Recall provisions for elected officials, with petition, certification, and recall election procedures outlined.
  • Precincts to be drawn by the select board in consultation with the town clerk.

Financial provisions (Chapter 8)

  • General adherence to General Laws for financial matters, with charter-specific procedures.
  • Budget process: town manager submits a proposed budget at least 60 days before annual town meeting; budget message required.
  • Finance committee reviews and provides written recommendations at least 14 days before annual town meeting.
  • Annual budget adoption by town meeting; capital improvements program (CIP) established with a 5-member CIP committee (2 finance committee members and 3 appointed by the town manager; ex-officio town accountant and town manager).
  • CIP reviews projects with thresholds: $25,000+ and life of at least 3 years; annual CIP report due and hearings scheduled.
  • Public access to budget, CIP, and records required; appropriation lapse rules defined (non-capital: lapses at year-end if unspent; capital: continues until purpose achieved or 5-year inactivity deemed abandonment).

Planning and environment (Chapter 9)

  • Planning Board (5 members) appointed by town manager for 3-year terms; planning staff possible with appropriation.
  • Planning functions include master/comprehensive plan development and periodic updates.
  • Conservation Commission (3 members) and Zoning Board of Appeals operate per General Laws and charter.
  • Town manager coordinates planning activities; annual reports required from planning-related boards.

General provisions (Chapter 10)

  • Definitions for terms used throughout the charter (e.g., days, emergency, town officer, voters).
  • Charter can be amended or replaced per constitutional/general laws.
  • Provisions to prevail over general terms when conflicts arise, severability, transition rules, record transfers, and vacancies.
  • Investigations authority vested in the select board (with possible delegation to town manager) and related subpoena powers.
  • Mandatory filings of notice for appointments and rescissions.

Transitional provisions (Chapter 11)

  • Charter becomes effective July 1 following adoption, legislative passage, and gubernatorial action if required.
  • Existing officials continue serving until successors are qualified; bylaws remain in force unless inconsistent.
  • A bylaw revision committee to codify/update bylaws within 30 days of adoption; ongoing bylaw publication obligations.
  • Record and contract continuity preserved; pending actions unaffected by charter adoption.

Likely impacts

  • Establishes a substantial home-rule framework for Orange with professional municipal management and enhanced budget and planning processes.
  • Shifts executive power to the five-member select board and town manager; open town meeting remains the legislative body.
  • Creates formal budgeting, CIP, and capital project oversight with explicit reporting and public-access requirements.
  • Defines town-wide election and recall mechanisms, while ensuring nonpartisan elections and clear transfer of duties during transition.

Note: This summary focuses on substantive provisions and their practical implications for governance, budgeting, elections, planning, and administration in the town of Orange, as laid out in the bill text.

Compiled from official sources — confirm details with the bill’s official record.

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