2006-TOWN MEETING RECORDS - Laserfiche WebLink

Home Browse Search

acts of the Legislature having the force and effect of a town charter, this power does not extend to repealing general or special laws that are not so classified. To the extent, therefore, that Chapter 186, or any other of Special Act referred to in the measure before us, creates rights and privileges in persons other than the Town of Mashpee and is unrelated to the Town's form of governance, the measure approved by Town Meeting does not give to the voters the right to alter those rights and privileges. I suggest that the Town ask Town Counsel for guidance in selecting just those portions of Chapter 186 or any other such Act that relate to the Town's form of governance and limit the question posed to the voters accordingly. Chapter 166 of the Acts of 1834 and Papter 72 of the Acts of 1842 fall within this category. 5. Chapter444 of the Acts 1892 relates not only to the Town of Mashpee but also to the towns of Bourne and Sandwich. The power of the voters under the Home Rule Amendment cannot be understood to authorize the repeal or amendment of state laws relating to other towns or to Special Acts relating to more than one municipality. The Legislature, of course, could repeal or amend such laws, but cities and towns may not do so under their Home Rule powers. Chapter x/301 of the Acts of 1907 similarly relates to areas outside the Town of Mashpee. I have discussed this with Town Counsel, who has agreed to direct the Town in selecting from the list of Acts submitted to us those that suffer from this impediment, removing them from the Acts presented to the voters. 9hapter 35 of the Acts of 1852 and,,Cyhapter 214 of the Acts of 1856 falls within this category. 6. In your summary chart you make mention of Chapter 358 of the Acts of 1976. I would suggest that based upon the Acts submitted to us you probably meant Chapter 385 of the Acts of 1976. You should change this when framing the question to the voters. In conclusion, I would suggest that prior to framing the question to the voters the Town discuss with Town Counsel whether an executive summary of the proposed amendments should be drafted clearly indicating the meaning and effect of each Act's repeal or retention. In this regard, care should taken to assure that the question posed to the voters is clearly stated as being limited only to those Acts or portions of those Acts as relate to the form of governance of the Town of Mashpee. Sincerely, THOMAS F. REILLY A;Ro Y G RAL ert . Ritc 'e, Assistant Attorney General Director, Municipal Law Unit 1350 Main Street, 4th Floor Springfield,MA 01103 Tel: (413) 784-1240 Ext. 116 PC: Board of Selectmen DHCD H:\WP61\DOCS\TO WNS\Mashpee\#4 I OOCharter.APP.wpd