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Cc »mall } � <br /> '' La.l �r1i K.n o•7J � <br /> ` REARDON, THOMAS & BAILEY, P.C. <br /> ATTORNEYS AT LAw <br /> CORNER OF SEARSES WAY AND SASSETT LANE <br /> POST OFFlKZ BOX 978 <br /> JOSEPH J.REARDON -HYANNS,MASSAC/METTS 02601 <br /> WRIIAM W.THOMAS TELEPHONE <br /> BRADLEY J.SA6EY (SOW 771 X644 <br /> (.N PAX <br /> LesLlE-ANN MORSE NrJ September 20, 1991 (SOW 790-•1334 <br /> Jane Labute ell <br /> Town Clerk <br /> Town of Mashpee <br /> P. O. Box 1108 <br /> Mashpee, MA 02649 <br /> RE: Appointments/Re-appointments <br /> Dear Jane: <br /> Relative to your memo on re-appointments, I have reviewed the same and <br /> I think you have a wonderful idea. There are several problems which need <br /> to be addressed. <br /> With reference to Police Department appointments for employees who have <br /> been on.the payroll for a number of years, a problem is presented by the pro- <br /> visions of Chapter 41, Section 97A which is controlling in our Town. It is <br /> specifically provided for therein that "The selectmen of any such town shall <br /> appoint a chief of police and such other officers as they deem necessary.—(said <br /> appointments) shall be made annually or for a term of years not exceeding <br /> three years, as the selectmen shall determine, .." <br /> You can see from the foregoing that there is a statutory restriction which <br /> mandates that the selectmen appointment police officers "annually or for <br /> a term of years not exceeding three years". <br /> The above-quoted language simply refers to the appointing process. It does <br /> not relate to the swearing in process. I believe we could modify and streamline <br /> the existing system by providing by by-law that police officers do not have <br /> to be sworn in if they are re-appointed and have previously been sworn to <br /> the faithful performance of their duties. <br /> With reference to the other employees you make reference to in your letter, <br /> i.e., elections and registrations clerk, the town planner, board secretaries, <br /> administrative assistant to personnel, etc., I agree with you that there should <br /> be no necessity to have them sworn in each year if they have previously been <br /> appointed and sworn in and their appointment is a continuing on-going one. <br /> I would suggest that you consider several amendments to the Code. I would <br /> suggest that Chapter 37 be amended by adding a new Section 37-9 as follows: <br /> "Any person appointed by the board of selectmen to any position shall be <br /> sworn to the faithful performance of his duties by the town clerk prior to <br /> assuming the position. Once a person is so sworn, it shall not be necessary <br /> in any subsequent year where the same person is re-appointed to the same <br /> position to again be sworn." <br /> �I'(ZTIC�� AT (Yl iONI�� <br />