Sherborn Annual Town Meeting Today

Sherborn will hold their 2012 Annual Town Meeting in the Lindquist Commons auditorium at D-S High School at 7:00 p.m. Tuesday night.

There are 34 articles on this year's ballot. If necessary, a second night of Town Meeting will be held on Thursday, April 26 in the same location.

Here are some of the articles of note on this year's warrant:

-Articles 23 will vote to authorize that all constables of the town no longer be elected and will rather be appointed by the Board of Selection.

-Articles 24 and 25 will vote to authorize the Board of Selectmen to petition the legislature for a special act to make the offices of Treasurer and Collector appointed officers by the Selectmen, rather than being elected, and combine the offices into one office of Treasurer/Collector.

-Article 34 will vote to see if the town will petition the General Court to enact an act to provide for recall elections in the town. The article says "Any holder of an elective office in the town of Sherborn may be recalled and removed from that office by registered voters of the town as herein provided in this act."

Here are all of the articles on the warrant:

ARTICLE 1- To hear and act on the reports of the various Town Officers and Committees as contained in the Annual Town Report or otherwise. (Board of Selectmen)

ARTICLE 2- To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money and, if so, what sum, for unpaid bills, or take any other action related thereto. (Board of Selectmen)

ARTICLE 3- To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money and, if so, what sum, to defray charges and expenses of the Town, including debt and interest, and to provide for a reserve fund; to fix the salaries and compensation of all elected Officers of the Town as required by Chapter 41, Section 108 of the General Laws; to determine whether such salaries or compensation shall be made effective from July first of the current year; and to provide for the payment of, and raise or appropriate money for, any salary and compensation so voted, or take any other action related thereto. (Omnibus Budget, Board of Selectmen)

ARTICLE 4- To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money, and if so, what sum, to fund cost items included in collective bargaining agreements with AFSCME, Council 93, Local 335, Sherborn CM&D executed by the Town, or take any other action related thereto. (Board of Selectmen)

ARTICLE 5- To see if the Town will vote to transfer from available funds a sum of money and, if so, what sum, for the purpose of supplementing the following various line items of the Town's fiscal year 2012 budget, previously voted by the Town under Article 4 of the Warrant for the 2011 Annual Town Meeting, or make any other adjustments to the fiscal year 2012 budget that may be necessary, or take any other action related thereto.

ARTICLE 6- To see if the Town will vote to raise and appropriate or transfer from available funds or borrow a sum of money and, if so, what sum, for highway improvements under the authority of Chapter 90 of the General Laws as funded by various state budgets; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such projects; or take any other action related thereto. (Board of Selectmen)

ARTICLE 7- To see if the Town will vote to authorize, or re-authorize as the case may be, the use of revolving funds containing receipts from the fees charged to users of the services provided by the various Boards, Departments or Offices of the Town, pursuant to Chapter 44, Section 53E1/2 of the General Laws, or take any other action related thereto. (Board of Selectmen)

ARTICLE 8- To see if the Town will vote to raise and appropriate or transfer from available funds, or borrow pursuant to any applicable statute, a sum of money, and if so, what sum, for the purpose of capital expenditures for the offices, departments, boards and commissions of the Town of Sherborn, and to determine if any amount borrowed under this article shall be contingent upon the passage of a ballot question exempting the amounts required to pay for the bonds from the provisions of Proposition 2 ½ , or take any action related thereto. (Board of Selectmen)

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ARTICLE 9- To see if the Town will vote to amend a portion of its vote taken under Article 11 at the Annual Town Meeting held on April 26, 2011 which vote approved the borrowing of $520,000 by the Dover-Sherborn Regional School District for reconstructing or making extraordinary repairs to the Regional School campus wastewater treatment plant, to change the date of “July 1, 2013” therein to “July 1, 2012” so that such portion of the vote reads “provided, however, that not more than $440,000 of such amount shall be borrowed by the District during the fiscal year commencing July 1, 2011, and that if required by the Massachusetts Department of Environmental Protection, not more than $80,000 of such amount shall be borrowed by the District during the fiscal year commencing July 1, 2012”, which amendment will make the Town’s vote approving the borrowing consistent with the vote of the Regional School District Committee with respect to the project and permit the work required to be done by the District to proceed within the timeframe required by the Department of Environmental Protection; or take any other action relative thereto. (Regional School Committee)

ARTICLE 10- To see if the Town will vote to raise and appropriate, or borrow pursuant to any applicable statute, or transfer from available funds, a sum of money, and if so, what sum for the planning, engineering and construction of a stormwater management program and facilities or take any action related thereto. (Board of Selectmen)

ARTICLE 11- To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money, and if so what sum, to be used, pursuant to Chapter 114, Section 15 of the General Laws, for the improvement or embellishment of the cemeteries throughout the Town the care, preservation or embellishment of any lot or its appurtenances therein, or take any other action related thereto. (Board of Selectmen for the Cemetery Commission)

ARTICLE 12- To see if the Town will vote to amend Chapter 1 of the General By-laws by deleting Section 4 in its entirety and substituting therefore the following:

Section 4. At least five days before the Annual Meeting referred to in Section 2 of this Chapter, the Annual Town Report shall be posted to the Town’s website, and a limited number of printed copies shall be available to those residents who request them. Copies of the Annual Town Report will also be available for inspection and copying at the Town Hall.
or take any other action related thereto. (Board of Selectmen for the Recycling Committee)

ARTICLE 13- To see if the Town will vote to amend Chapter 22, Driveways, of the General Bylaws in the following manner:
(a) By adding a Section 4 as follows:
Section 4. The noncriminal penalty for the violation of this Bylaw shall be: 1st offense: warning; 2nd offense: $50; 3rd and subsequent offense: $200 per day.
and
(b) By amending Chapter 16 by adding the following to the list of applicable Chapters after Chapter 21, Section 12 and before Chapter 23, Section 3:
“Chapter 22, Section 2 (Driveways)
Penalty: 1st offense: warning; 2nd offense: $50; 3rd and subsequent offense: $200 per day.
Enforcing Persons: CMD Director, Police Officers, Building Inspector”
or take any other action related thereto. (Planning Board)

ARTICLE 14- To see if the Town will vote to amend Chapter 25, Stormwater Management, Section 6.3 of the General Bylaws in the following manner:
By deleting the last sentence of Section 6.3 and replacing it with the following:
The noncriminal penalty for the violation of this Bylaw shall be: 1st offense: warning; 2nd offense: $50; 3rd and subsequent offense: $200 per day.
and by amending Chapter 16 by adding after Chapter 24, Section 1, the following:
“Chapter 25, Section 6 (Stormwater Management)
Penalty: 1st offense: warning; 2nd offense: $50;
3rd and subsequent offense: $200 per day.
Enforcing Persons: Police Officers, Building Inspector”
or take any other action relative thereto. (Board of Selectmen)

ARTICLE 15- To see if the Town will vote to amend the General By-laws, Chapter 8, Hunting By-law by amending Section 1 so that it will read as set forth below; proposed new language is shown in bold typeface:
Section 1. No person shall fire or discharge any firearms or explosives of any kind within the limits of any highway, park, or public property, or on any private property except with the written consent of the owner or legal occupant thereof, which consent shall be dated not more than one year prior; provided, however, that this By-law shall not apply to the lawful defense of life or property, nor to any discharge of firearms in accordance with law. Any person hunting on private property with the written consent of the owner or legal occupant of the property shall have such written consent on his or her person at all times while hunting on the property, and shall produce it when requested to do so by any police officer.
or take any other action relative thereto. (Board of Selectmen)

ARTICLE 16- To see if the town will vote to accept the provisions of Massachusetts General Laws chapter 82, section 34, which provides that the Board of Selectmen may reserve spaces between the side lines of highways and town ways for the use of horseback riders, for bicycle paths, for drains, sewers and electrical wires, for trees and grass, and for planting, or take any other action relative thereto. (Board of Selectmen)

ARTICLE 17- Equestrian Safety
To see if the Town will vote to amend the General By-laws by adding a new Section, Equestrian Safety, to Chapter 13, as follows:
“The driver of any vehicle shall not drive within any area of a street which is reserved for horseback riders and so marked, except to cross over at a driveway. The drivers of all vehicles shall take due care in operating their vehicles when passing horseback riders that are within any area of a street which is reserved for horseback riders, or horseback riders that are crossing a street or traveling along the shoulder of a street. Any person violating any of the provisions of this Section may be punished by a fine of not more than three hundred dollars. As an alternative, a noncriminal penalty of $300.00 may be assessed by the appropriate enforcement person, in accordance with Chapter 16 of these By-laws.”
and by amending Chapter 16, Section 2 by adding the following to the list of applicable Chapters after Chapter 12, Section 3:
“Chapter 13, Section_____ (Equestrian Safety)
Penalty: $300.00 per violation
Enforcing Persons: Police Officers”
or take any other action relative thereto. (Board of Selectmen)

ARTICLE 18- To see if the Town will vote to amend the General By-laws, by deleting the current Chapter 13, Section 2, Registration of Solicitors, in its entirety, and adding a new By-law, Chapter 27, Registration of Solicitors, as set forth in the handout distributed at the Annual Town Meeting; copies of the proposed new Registration of Solicitors By-law are available at the Town Clerk’s office, the Board of Selectmen’s office, the Town Library, and posted on the Town’s website; and by amending Chapter 16, Section 2 by adding the following to the list of applicable Chapters after Chapter 24, Section 1:
“Chapter 26 (Registration of Solicitors)
Penalty: $50.00 per violation
Enforcing Persons: Police Officers”
and by deleting the following from Chapter 16, Section 2:
“Chapter 13, Section 2G (Registration of Solicitors)
Penalty: $50.00 per violation
Enforcing Persons: Police Officers”
or take any other action relative thereto. (Board of Selectmen)

ARTICLE 19- To see if the Town will vote to amend the General By-laws, by amending Chapter 17 General Wetlands By-law as set forth in the handout distributed at the Annual Town Meeting; copies of the proposed amendments to the General Wetlands By-law are available at the Town Clerk’s office, the Board of Selectmen’s office, the Town Library, and posted on the Town’s website,
or take any other action relative thereto. (Board of Selectmen)

ARTICLE 20- To see if the Town will vote to amend Chapter 16, Section 2 of the General By-laws in the following manner:
(A) amend the noncriminal penalty provisions for violations of the General Wetlands By-law to read as follows:
“Chapter 17, Section 9 (Wetlands)
Penalty: 1st offense: warning; 2nd offense: $50; 3rd and subsequent offense: $200 per day.
Enforcing Persons: Police Officers, Conservation Commission members or agent”
and
(B) amend the noncriminal penalty provisions for violations of the Groundwater Protection By-law to read as follows:
“Chapter 21, Section 12 (Groundwater Protection)
Penalty: 1st offense: warning; 2nd offense: $50; 3rd and subsequent offense: $200 per day.
Enforcing Persons: Police Officers, Board of Health agents, Building Inspector, Conservation Commission designated agents, Fire Chief or Fire Chief’s designees”

ARTICLE 21- To see if the Town will vote to accept the provisions of General Laws Chapter 59, Section 5K, which provides for a senior tax credit program, or take any other action relative thereto. (Board of Selectmen)

ARTICLE 22- To see if the Town will vote to amend the Personnel Administration Plan by amending Section 20(d) to add the following words at the beginning of the first sentence:
“Except for positions classified as Casual Part-time,” so that the first sentence will read as follows (new text in bold):
“d. Except for positions classified as Casual Part-time, the job openings must be announced at least once in a local newspaper of general circulation and posted on the Bulletin Board located in the Town offices, at least seven calendar days prior to the job’s being filled.
or take any other action relative thereto. (Board of Selectmen)

ARTICLE 23- To see if the Town will vote pursuant to General Laws chapter 41, section 1 that all constables are to be appointed by the Board of Selectmen, and abolish elected constable positions, or take any other action related thereto or take any other action relative thereto. (Board of Selectmen)

ARTICLE 24- To see if the Town will vote to authorize the Board of Selectmen to petition the legislature for a special act to make the offices of Treasurer and Collector appointed officers, to be filled by appointment of the Board of Selectmen, and combine said offices into one office of Treasurer/Collector as set forth in the handout distributed at the Annual Town Meeting; copies of the proposed special legislation are available at the Town Clerk’s office, the Board of Selectmen’s office, the Town Library, and posted on the Town’s website, and further provided that the Board of Selectmen is hereby authorized to approved amendments to the requested legislation which are within the scope of the general public objectives of this petition, or take any other action related thereto. (Board of Selectmen)

ARTICLE 25- To see if the Town will vote to amend its General By-laws by adding a new Section 12 to Chapter 3 as follows:
“12. Treasurer/Collector
The Treasurer/Collector shall be appointed by the Board of Selectmen for a term not to exceed three years. The Treasurer/Collector shall be appointed solely on the basis of his/her qualifications, training and experience. He/she shall be a professionally qualified person of proven ability, especially fitted by education, training, and previous experience in municipal finance, municipal collections, or related fields.”
or take any other action related thereto. (Board of Selectmen)

ARTICLE 26- To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for a special act providing that legislation be adopted in the form set forth below; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court; and provided further that the Board of Selectmen be authorized to approve amendments which shall be within the scope of the general public objectives of the petition:
“An act providing for recall elections in the town of Sherborn

Section 1. Any holder of an elective office in the town of Sherborn may be recalled and removed from that office by registered voters of the town as herein provided in this act. Any 300 qualified voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds of recall. Valid grounds for recall are:
(a) Conviction of a felony criminal offense while in current office;
(b) Violation of General Laws chapter 268A; or
(c) Attendance at less than thirty per cent of the meetings of the board or committee which the official is sought to be recalled from during the previous six months without a validated medical condition preventing participation.
If, within three days of this submission, the affidavit is found by the town clerk to be sufficient and valid, including the statement of the grounds for recall, and, if on that date the officer whose recall is sought has at least six months remaining of the term for which elected, the town clerk shall made available to the first five voters filing the affidavit a sufficient number of copies of petition blanks demanding the recall, copies of which shall be kept available.
In the case of a recall petition filed against the town clerk, the affidavit shall be filed with the board of selectmen. If, within seven days of this submission, the affidavit is found by the board of selectmen to be sufficient and valid, including the statement of the grounds for recall, and, if on that date the town clerk has at least six months remaining of the term for which elected, the board of selectmen shall make available to the first five voters filing the affidavit a sufficient number of copies of petition blanks demanding the recall, copies of which shall be kept available.
The blank petitions shall be issued by the town clerk, or an assistant town clerk for recall petitions filed against the town clerk, with the clerk’s signature, or the signature of the assistant town clerk for recall petitions against the town clerk, and official seal attached to the petitions; they shall be dated and addressed to the Board of Selectmen, contain the names of the five persons first named on the affidavit, the number of blanks issued, the name of the person sought to be recalled, the grounds of the recall as stated in the affidavit, and demand the election of a successor to the office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. The recall petition shall be returned and filed with the town clerk’s office within twenty-one days after the certification of the affidavit. The petition before being returned and filed shall be signed by at least ten percent of the voters registered for the last regular town election. To every signature shall be added the place of residence of the signer, giving street name and number. The town clerk or assistant town clerk shall, within seventy-two hours after receipt, submit the petition to the Registrars of voters of the Town of Sherborn, and the Registrars shall, within fourteen days after submission of the petitions to the Registrars, certify on it the number of signatures that are names of registered voters of the town.

Section 2. If the petition shall be found and certified by the Registrars to be sufficient, they shall submit it with their certificate to the Selectmen without delay. The Selectmen shall, within fourteen days after submission of the certificate to them by the Registrars, give written notice of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days after the receipt of this notice, order an election to be held on a Tuesday fixed by then not less than sixty-four or more than ninety days after the date of the Registrars certification that a sufficient petition has been filed, but if any of the town election is to occur within one hundred days after the data certification the selectmen shall postpone the holding of the recall election to the date of that other election. If a vacancy occurs in the office after a recall election has been awarded the election shall nevertheless proceed as provided in this section.

Section 3. Any officer sought to be recalled may be a candidate to succeed himself, and, unless the officer requests otherwise in writing, the town clerk shall place the officer’s name on the official ballots without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the election shall be in accordance with the law relating to elections, unless otherwise provided in this act.

Section 4. The incumbent officer shall continue to perform the duties of the office until the recall election. If then not recalled, or if recalled, elected by receiving the highest number of votes, the incumbent shall continue in office for the remainder of the unexpired term, subject to recall as before, except as provided in Section 6. If recalled and not elected in the recall election, the incumbent shall be considered removed upon the qualification of a successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of election, the incumbent shall be considered removed and the office vacant.

Section 5. Ballots used in a recall election shall contain the following propositions in the order indicated:
*For the recall of (name of officer) *Against the recall of (name of officer)
Under the propositions shall appear the word “Candidates” and the direction “Vote for One” and beneath this the names of the candidates. If a majority of the votes cast upon the question of recall is in the affirmative, the officer shall be recalled if at least thirty per cent of those entitled to vote shall have voted, and ballots for the candidates shall then be counted. The candidate receiving the highest number of votes shall be declared elected. If a majority of votes on the question of recall is in the negative, the ballots for candidates need not be counted.

Section 6. No recall petition may be filed against an officer within two months after that officer takes office. In the case of an officer subjected to a recall election and not recalled by that election, a subsequent recall petition shall not be filed against the officer until at least six months after the date of the previous recall election.

Section 8. This act shall take effect upon its passage.”
or take any other action relative thereto. (Board of Selectmen)

ARTICLE 27- To see if the Town will vote to accept the provisions of Section 65 of Chapter 188 of the Acts of 2010 with regards to the disposition of unclaimed checks, or take any other action related thereto. (Board of Selectmen for the Town Treasurer)

ARTICLE 28- To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money and, if so, what sum for the purpose of increasing the Stabilization Fund, or take any other action related thereto. (Board of Selectmen)

ARTICLE 29- To see if the Town will vote to establish a stabilization account pursuant to General Laws chapter 40, section 5B for the purpose of funding the Town’s Other Post Employment Benefits Liability, and to raise and appropriate or transfer from available funds a sum of money and, if so, what sum into this account, or take any other action related thereto. (Board of Selectmen)

ARTICLE 30- To see if the Town will vote to transfer from Free Cash in the Treasury a sum of money and, if so, what sum to meet the appropriations for the ensuing fiscal year and authorize the Assessors to use said sum in fixing the tax rate, or take any other action related thereto. (Board of Selectmen)

ARTICLE 31- To see if the town will establish a Town Forest revolving fund, pursuant to Chapter 44, Section 53D, of the General Laws, with initial $2000.00 to be transferred from the Sale of Timber Fund, and be subject to annual authorization by a vote of the annual town meeting, to allow the Sherborn Town Forest Committee to receive fees and other funds in connection with the sale and harvest of timber, and other forestry products, from town-owned forest land, to be expended by the Sherborn Town Forest Committee, for the creation and implementation of Forest Stewardship Plans and other forestry projects within the Town of Sherborn, or take any action relative thereto. (David J. Killeen and 13 others)

ARTICLE 32- To see if the Town will Amend Chapter 20 PERSONNEL BY-LAW, Section 3 a) of the General By-Laws by deleting the first paragraph and substituting therefor:
Section 3. The Personnel Board
a) There shall be an unpaid Personnel Board consisting of three or more members appointed by the Moderator. Members of the Board, serving upon the effective date of this by-law, shall serve as members of the Board until the expiration date of their respective terms or upon written resignation to the Town Clerk. If a member of the Board resigns his position before the expiration of his term, the Moderator is responsible to replace the member with a new member to serve for the balance of the unexpired term. (Susan L. Tyler and 13 others)

ARTICLE 33- To see if the Town will vote to appropriate the sum of $500,000 for the purpose of financing certain capital improvements, major repairs or replacements to the exterior and interior of the buildings and to grounds of the Woodhaven Elder Housing facility including, but not limited to, the renovation and improvement of the apartment units of the Woodhaven Elder housing facility, the installation of improved and more energy efficient lighting, heating, air-conditioning, water and sewer treatment systems, repaving of sidewalks, pathways, parking lots and; that to meet this authorization the Treasurer with the approval of the Board of Selectmen shall be authorized to borrow $500,000 pursuant to General Laws Chapter 44, Sections 7(3)(A) or any other applicable statue and; that the revenues generated by the rental of Woodhaven apartments be applied to the service of the debt incurred pursuant to this Article. (Katharine R. Sturgis and eleven others)

ARTICLE 34- To see if the Town will vote to petition the General Court to enact the following special act for the town of Sherborn:
An act providing for recall elections in the town of Sherborn

Section 1. Any holder of an elective office in the town of Sherborn may be recalled and removed from that office by registered voters of the town as herein provided in this act. Any 100 qualified voters of the town may file with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds of recall. If, within 3 days of this submission, the affidavit is found by the town clerk to be sufficient and valid, and, if on that date the officer whose recall is sought has at least 6 months remaining of the term for which elected, the town clerk shall made available to the first 5 voters filing the affidavit a sufficient number of copies of petition blanks demanding the recall, copies of which shall be kept available. The blank petitions shall be issued by the town clerk with the clerk’s signature and official seal attached to the petitions; they shall be dated and addressed to the Board of Selectmen, contain the names of the 5 persons first named on the affidavit, the number of blanks issued, the name of the person sought to be recalled, the grounds of the recall as stated in the affidavit, and demand the election of a successor to the office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. The recall petition shall be returned and filed with the town clerk within 21 days after the certification of the affidavit. The petition before being returned and filed shall be signed by at least 10 percent of the voters registered for the last regular town election. To every signature shall be added the place of residence of the signer, giving street name and number. The town clerk shall, within 72 hours after receipt, submit the petition to the Registrars of voters of the Town of Sherborn, and the Registrars shall, within 14 days after submission of the petitions to the Registrars, certified on it the number of signatures that are names of registered voters of the town.

Section 2. If the petition shall be found and certified by the Registrars to be sufficient, they shall submit it with their certificate to the Selectmen without delay. The Selectmen shall, within 14 days after submission of the certificate to them by the Registrars, give written notice of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within 5 days after the receipt of this notice, order an election to be held on a Tuesday fixed by then not less than 60 or more than 90 days after the date of the Registrars certification that a sufficient petition has been filed, but if any of the town election is to occur within 100 days after the data certification the selectmen shall postpone the holding of the recall election to the date of that other election. If a vacancy occurs in the office after a recall election has been awarded the election shall nevertheless proceed as provided in this section.

Section 3. Any officer sought to be recalled may be a candidate to succeed himself, and, unless the officer requests otherwise in writing, the town clerk shall place the officer’s name on the official ballots without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the election shall be in accordance with the law relating to elections, unless otherwise provided in this act.

Section 4. The incumbent officer shall continue to perform the duties of the office until the recall election. If then reelected, the incumbent shall continue in office for the remainder of the unexpired term, subject to recall as before, except as provided in Section 6. If not re-elected in the recall election, the incumbent shall be considered removed upon the qualification of a successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of election, the incumbent shall be considered removed and the office vacant.

Section 5. Ballots used in a recall election shall contain the following propositions in the order indicated:
*For the recall of (name of officer) *Against the recall of (name of officer)
Under the propositions shall appear the word “Candidates” and the direction “Vote for One” and beneath this the names of the candidates. If a majority of the votes cast upon the question of recall is in the affirmative, ballots for the candidates shall then be counted. The candidate receiving the highest number of votes shall be declared elected if at least 30 per cent of those entitled to vote shall have voted. If a majority of votes on the question of recall is in the negative, the ballots for candidates need not be counted. If the incumbent receives the highest number of votes, the incumbent shall be considered elected. If a person other than the incumbent received the highest number of votes, the incumbent shall be considered recalled; in this case the person receiving the highest number of votes shall, upon qualification, serve for the balance of the unexpired term.

Section 6. No recall petition may be filed against an officer within two months after that officer takes office. In the case of an officer subjected to a recall election and not recalled by that election, a subsequent recall petition shall not be filed against the officer until at least six months after the date of the previous recall election.

Section 7. No person who has been recalled from an office or has resigned from office while recall procedures were pending against that person shall be appointed to any town office within two years after the removal by recall or resignation. Resignation at any time after a recall affidavit has been certified by the Board of Registrars as being valid shall be considered to be while recall proceedings were pending.

Section 8. This act shall take effect upon its passage.
(Susan L. Tyler and 13 others)