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= w THE COMMONWEALTH OF MASSACHUSETTS M = OFFICE OF THE ATTORNEY GENERAL d WESTERN MASSACHUSETTS DIVISION 4c 0� 1350 MAIN STREET SPRINGFIELD, MASSACHUSETTS 01103-1629 THOMAS F. REILLY (413) 784-1240 ATTORNEY GENERAL www.ago.state.ma.us December 12, 2006 Deborah F. Dami Town Clerk --{ 16 Great Neck Road North o Mashpee, MA 02649 c c:) r� .G c Re: Article 1, Fall Annual Town Meeting, October 16 2006 Vote to Approve Order Proposing Charter Amendments 1 a � Dear Ms. Dami: N �� rn Pursuant to the provisions of General Laws Chapter 43B, Section 10, I have reviewed the vote taken under Article 1 of the October 16, 2006, Fall Annual Town Meeting. Under this Article, the town voted to approve an order proposing charter amendments to the voters. Pursuant to the provisions of General Laws Chapter 4313, Section 10 [c] the Attorney General is given four(4)weeks from the date of receipt (11/21/06) to render his opinion as to whether the amendments proposed are inconsistent with the laws and Constitution of the Commonwealth. After reviewing the measure approved by Town Meeting and looking at the Special Acts to which that measure relates, it is our opinion that the proposed amendments are consistent with state law other than as addressed below. "/I. As you pointed out, there is a typographical error in which Chapter 291 of the Acts of 1938 was written as "Chapter 290 of the Acts of 1938" The question on the ballot for the voters should reflect this change. /2. As you also pointed out, reference was made to Chapter 38 of the Acts of 2004, which does not relate to the Town of Mashpee. This reference should be deleted in the question on the ballot for the voters. '/3. The measure approved by Town Meeting purports to "partially repeal"the provisions of Chapter 283 of the Acts of 1951. This Act deals generally with municipal finances of the Town. The measure approved by Town Meeting states that those portions of the Act are to be retained "insofar as it confers power upon the Town of Mashpee which the Town would not otherwise hold under the Charter, General Laws, or the Constitution." Failure to be specific about the exact text to be deleted and to be retained introduces unacceptable uncertainty in the question upon which the voters are to act, and would compromise the outcome of the vote. Therefore, the question to voters should clearly identify the text to be deleted and the text to be retained. 4. Chapter 186 of the Acts of 1853, inter alia, constitutes the town treasurer as treasurer also of the Herring Pond Indians. As a general caution, while it is true that under the Home Rule Amendment and the Home Rule Procedures Act (G.L. c. 43B) the town is empowered to repeal H:\WP61\DOCS\TOWNS\Mashpee\#4100Charter.APP.wpd