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THE COMMONWEALTH OF MASSACHUSETTS <br /> X <br /> OFFICE <br /> ATTORNEY GENERAL <br /> ` CENTRAL MASSA HUSETTS DIVISION <br /> 10 MECHANIC STREET, SUITE 301 <br /> WORCESTER,,MA 01608 <br /> .ATT0RNF.y G: .F,to,, o 79 -1991 fax <br /> January 27, 2012 <br /> Deborah F. Dami, Town Clerk <br /> 16 Great Neck Road North <br /> lashpee, IA 02 <br /> R ; HashP ee'Annual Town of Meeting of October 17, 2011 =__ Case #6183 <br /> Warrant Articles# 13, 17, and 2 (General) <br /> 'warrant Article# 1 (Zoning) <br /> Dear Ms. Dams: <br /> Article 25—We return with the approval of this Office the amendments to the Town <br /> by-laws adopted under this Article on the warrant for the Mashpee Annual Town Meeting that <br /> first convened on October,17, 2011, except as indicated below. <br /> The amendments adopted under Article 25 amend Article 2.1 "Annual Town Meeting <br /> and Election" of the Ton's by-laws. Article 2.1, Paragraph F provides in pertinent part as <br /> ' <br /> follows: <br /> "Effective Janua 1 2012 the regular annual Town election of Town officers will be <br /> _ ry <br /> held on the first Saturday in May immediately following the May Annual Tern Meeting <br /> We disapprove and delete the above underlined text as inconsistent with G.L. 40, § 32. . <br /> Section 32 provides in pertinent part: <br /> Before a by-law or an amendment thereto takes effect it shall also be published in a town <br /> bulletin or pamphlet,,copies of which shall be posted in at least five public places in the <br /> town; and if the town is divided into precincts, copies shall be pasted in one or more <br /> public places in each precinct of the town;or instead of such publishing in a town bulletin <br /> or pamphlet and such posting, copies thereof may be published at least twice at least one <br /> week apart in a newspaper of general circulation in the toy . <br /> The effective date of a bylaw is governed by Section 32. A bylaw takes effect once it i <br /> approved b our Office and posted and imbli hed by the town clerk in accordance with Section <br /> pp y <br /> 32. Town of Concord v. Attorney General, 336 Mass. 17, 0-21 1 7 . The by-law <br /> anmendments adopted under Article 25 will not take effect until all of these requirements have <br /> been satisfied. Therefore, it is inconsistent with state law for the proposed bylaw to pro 'de.that <br /> l <br />