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H 5412

An Act relative to the charter and the town clerk in the town of Falmouth

194th Legislature (2025-2026) Introduced by Dylan Fernandes and 3 co-sponsors

The bill replaces an elected Town Clerk with an appointed one (by the Town Manager with Board approval) while keeping clerk duties and continuity of records.

Signed by the Governor, Chapter 106 of the Acts of 2026
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Bill Summary · H 5412

Bill Summary: H 5412 (194th MA General Court) – An Act relative to the charter and the town clerk in the town of Falmouth

Purpose and intent

  • The bill proposes a charter amendment for the town of Falmouth to restructure the office of the Town Clerk and change the election/appointment framework for that position.
  • It shifts the town from having an elected Town Clerk to an appointed Town Clerk, with the appointment made by the town manager and approval by the town select board, aligning with other managerial appointments under Falmouth’s charter.

Key provisions and changes

  1. Town Moderator as the sole elected officer (amendment to C4-1)

    • After adoption of the charter amendment, the only officer to be elected is the Moderator. This eliminates other elected positions in favor of appointed roles under the charter framework.

  2. Reorganization of the Town Clerk’s role (amendment to C4-3)

    • The Town Clerk becomes the official who keeps Town records, records vital statistics, issues licenses, and serves as Clerk of the Board of Registrars.
    • The Clerk retains powers and duties as provided by General Laws, the Charter, bylaws, and votes of the Town Meeting.

  3. Inclusion of Town Clerk in personnel framework (amendment to C5-4)

    • The first sentence of paragraph A of section C5-4 is amended to explicitly include the Town Clerk in personnel considerations.

  4. Appointment mechanism for Town Clerk (new Section 4)

    • The office of Town Clerk shall be appointed by the Town Manager, subject to the approval of the Town Select Board, following the same appointment process used for other Town Manager appointments.
    • The Town Clerk position and compensation shall follow the town’s technical administrative and management full-time, non-union salary structure.

  5. Transition for the elected Town Clerk (new Section 5)

    • The elected Town Clerk position will be abolished on the act’s effective date.
    • The current elected Town Clerk will become the first appointed Town Clerk and serve for a term equal to the remainder of the elected term (or until resignation/retirement/removal occurs).
    • Subsequent appointments will be made by the Town Manager with approval from the Town Select Board (per Section 4).

  6. Effective date (Section 6)

    • The act takes effect upon passage.

Who is affected

  • Town Clerk position (current elected official): Abolished as an elected role; becomes an appointed role under the Town Manager, with the current incumbent transitioning into the appointed position for the remainder of the term.
  • Town Manager and Town Select Board: Primary appointment and oversight responsibilities for the Town Clerk position moving forward.
  • Town of Falmouth employees and governance structure: The Town Clerk would be integrated into the town’s formal personnel framework and compensation structure, aligning with other appointed managerial roles.
  • Residents and recordkeeping entities: Continuity of duties like maintaining official records, vital statistics, licenses, and clerkship of the Board of Registrars remains, but under the appointed Clerk’s administration.

Procedural and timeline aspects

  • The act specifies a transition from an elected to an appointed Town Clerk concurrent with the effective date of the act.
  • The current elected Town Clerk will serve as the first appointed Town Clerk for the remainder of the term, illustrating a transitional arrangement.
  • Future Town Clerk appointments will proceed through the Town Manager with the Town Select Board’s approval.

Practical considerations and potential impacts

  • Administrative efficiency: Centralizing appointment authority with the Town Manager and requiring Board approval may streamline hiring and accountability for the Town Clerk role.
  • Financial implications: The Clerk would be placed on the town’s full-time non-union salary schedule, affecting compensation budgets and benefits.
  • Democratic representation: Moving from an elected to an appointed Town Clerk changes how residents influence this particular office; the Moderator would remain the sole elected official (per the charter change).
  • Continuity of duties: The bill ensures the Town Clerk’s essential functions (recordkeeping, vital statistics, licenses, and Registrars Clerk responsibilities) continue with an appointed official.

If you’d like, I can summarize section-by-section text or compare this proposal to the town’s current charter provisions for deeper context.

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

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