It is enacted by the General Assembly as follows:

SECTION 1. Section 2.3 of Article 2 of the Charter of the Town of Lincoln entitled "Elections" is hereby amended to read as follows:

Sec. 2-3. Time Of Elections. -- The first regular municipal election after the date of the adoption of this charter for the election of town officers shall be held on the first Tuesday in June, 1959 and succeeding regular municipal elections shall be held on the first Tuesday in June, biennially, in odd-numbered years. {ADD Except as stated below regular municipal elections of town officers shall hereafter be held on the first Tuesday following the first Monday in November, biennially, in even-numbered years. However for current offices with terms expiring in June of 1997, an election shall be held in June of 1997. The terms of two-year offices at such election shall terminate on the first Tuesday of December of 1998, and the terms of four-year offices at such election shall terminate on the first Tuesday of December of 2000. For current offices with terms expiring in June of 1999, an election will be held in June of 1999, with terms extended until November of 2002. Other than as stated above, regular town elections will be held, beginning November, 1998, on the first Tuesday following the first Monday in even-numbered years. ADD}

SECTION 2. Sections 5-1, 5-3 and 5-6 of Article 5 of the Charter of the Town of Lincoln entitled "Town Council" are hereby amended to read as follows:

Sec. 5-1 Number -- Term. -- The town council shall consist of five (5) members, who shall be elected by districts of the town, each elected for a term of two (2) years, such term to begin on the first day of July next following their election on the first Tuesday of June of odd-numbered years, and extending to June thirtieth of the next odd-numbered year, or until their successors are elected and qualified. {ADD Except that for the election in June of 1997, terms of office shall continue only until the first Tuesday of December, 1998. Beginning with the elections to be held in November, 1998, and thereafter, councilors will serve for a two (2) year term from the first Tuesday of December following the election to the Monday before the first Tuesday of December of the next even-numbered year. ADD}

Sec. 5-3 Vacancies. -- If a vacancy shall occur in the town council {ADD before the first date allowable by law for filing of declaration of candidacy for the next regular election ADD} six (6) months or more prior to the regular election, a special election shall be called by the town clerk in the manner prescribed by law to fill such vacancy. Any vacancy in the membership of the town council that shall occur {ADD on or after the first day allowable by law for filing declarations of candidacy for the next ADD} less than six (6) months prior to the regular election may be filled for the unexpired term by the remaining members of the town council provided that the {ADD person ADD} one chosen by the town council to fill such vacancy shall be of the same political party and from the same district as the retired incumbent, such political party allegiance to be verified in writing to the president of the town council by the town party committee of such political party.

Sec. 5-6 Meetings. -- The first meeting of each newly elected town council for induction into office shall be held at eight o'clock P.M. on the first {ADD Tuesday of December in even-numbered years. ADD} day of July unless this shall be a Sunday or a legal holiday, in which case the said meeting shall be held on the day next following. Thereafter the town council shall meet regularly at such time and at such place as may be prescribed by its rules but not less frequently than once each month. A special meeting of the town council shall be called by the town clerk at the request of the town council president or a majority of the members of the town council. Notice of a special meeting shall be given to each member at least forty-eight (48) hours previous to the time of such meeting. The town council may meet upon shorter notice by unanimous consent of all its members which shall be entered in the record of proceedings. The purpose of a special meeting shall be stated in the notice of the meeting and no business shall be transacted at any special meeting other than that which has been stated in the notice. All meetings of the town council shall be open to the public, and citizens shall have a reasonable opportunity to be heard, except that this provision shall not be deemed to prevent the holding of executive sessions, provided that all votes are taken in public.

SECTION 3. Sections 6-1, 6-3 and 6-5 of Article 6 of the Charter of the Town of Lincoln entitled "Town Administrator" are hereby amended to read as follows:

Sec. 6-1. Election and Term. -- There shall be a town administrator who shall be elected at the regular town election for a term of two (2) years and until his successor is elected and qualified. His term shall begin on the first day of July next following his election on the first Tuesday of June of odd-numbered years and extend to June 30 of the next odd-numbered year. {ADD For the election to be held in June of 1997, the term of office for the administrator shall terminate on the first Tuesday of December, 1998. Beginning with election to be held in November, 1998, and thereafter, the town administrator shall serve for a two (2) year term commencing on the first Tuesday of December following the election to the Monday before the first Tuesday of December of the next even-numbered year. ADD}

Sec. 6-3. Compensation. -- An {ADD The office of the ADD} administrator shall receive an annual salary as may be prescribed by ordinance{ADD . ADD} , but his salary shall not be changed after the filing of nomination papers for the office or during the term of office for which he was elected. {ADD Any salary change shall take effect only after the then current term of office for which the administrator was elected. Despite the above, the administrator may, in the discretion of the town council, receive during any term of office, cost of living increases based upon generally accepted consumer price index calculations. ADD}

Sec. 6-5. Vacancy. -- In the event of a vacancy in the office of town administrator, the town council shall appoint a qualified elector of the town to fill such vacancy if {ADD such vacancy occurs on or after the first date allowable by law for filing of declarations of candidacy for the next ADD} less than six (6) calendar months remain until a regular municipal election. If the time between the occurrence of said vacancy {ADD occurs before the first date allowable by law for the filing of declaration of candidacy for the next municipal election, ADD} and the next regular municipal election is six (6) months or more, the town clerk shall call a special election, in the manner prescribed by law, to fill said vacancy in the office of town administrator.

SECTION 4. Section 7-7 of Article 7 of the Charter of the Town of Lincoln entitled "Tax Assessor" is hereby amended to read as follows:

Sec. 7-7. Tax assessor. -- (1) Organization--There shall be within the Department of Finance of the office of Tax Assessor. The Tax Assessor shall be appointed by the Town Administrator with the approval of the Town Council for a term of two (2) years beginning on the first of July of each odd-numbered year {ADD Tuesday of December of each even-numbered year ADD} . The Tax Assessor shall be a qualified elector of the town and shall hold no other paid public office or employment in the service of the town, or of the state or federal government, except that of Notary Public, Justice of the Peace, Auctioneer, Call Fireman or member of the National Guard or Air, Military or Naval Reserve. If the Tax Assessor ceases to have said qualifications or neglects to perform the duties of his office properly, he may be removed by the Town Administrator with the approval of the Town Council.

(2) Powers and duties--The Tax Assessor shall have power and shall be required:

(a) To supervise and to be responsible for the fixing of an assessed valuation for purposes of taxation upon all real estate and all taxable personal property;

(b) To apply to or apportion upon the assessed valuation of real estate and personal property the amount of tax ordered to be levied or imposed thereon;

(c) To make and prepare all regular and special assessment rolls and a tax roll for the town in the manner provided by law;

(d) To establish a uniform and equitable system for assessing all classes and kinds of property;

(e) To prepare tax maps and land value maps;

(f) To give such notices of assessments and taxes and to perform such other duties as may be required by law;

SECTION 5. Section 12-1 of Article 12 of the Charter of the Town of Lincoln entitled "School Department" is hereby amended to read as follows:

Sec. 12-1. School committee--Number--Term. -- The School Department shall be under the control and supervision of the School Committee which shall consist of five (5) members, who shall be elected by districts of the town, at the regular town elections on the first Tuesday {ADD following the first Monday in November of even-numbered ADD} of June of odd-numbered years and their terms shall begin on the first {ADD Tuesday of December ADD} day of July next following their election.

Their terms shall be for four (4) years and shall be staggered so that three (3) members of the committee shall be elected at the biennial election in June 1959 to serve until July 1, 1963, {ADD town election of June, 1999, who shall be elected to serve until the first Tuesday of December of 2002 ADD} and two (2) members of the committee shall be elected at the election in June, 1961 to serve until July 1, 1965 , {ADD 1997, to serve until the first Tuesday of December of 2000, ADD} and thereafter the electors shall at the biennial election of town officers vote for three or for two members of the School Committee, as may be required to fill the vacancies caused by the expiration of the terms.

SECTION 6. Sections 13-1, 13-2 and 13-3 of Article 13 of the Charter of the Town of Lincoln entitled "Board of Water Commissioners" are hereby amended to read as follows:

Sec. 13-1. Establishment. -- There is established a Board of Water Commissioners, consisting of five (5) members who shall be qualified electors and residents of their respective voting district, {ADD and ADD} who shall {ADD hereafter except as otherwise stated below ADD} be elected at the election held on the first Tuesday in June, biennially in odd-numbered {ADD following the first Monday in November of even-numbered ADD} years{ADD . ADD} , each {ADD Each ADD} commissioner {ADD unless otherwise stated below shall ADD} to serve for a term of four (4) years and until his {ADD a ADD} successor is elected and qualified , {ADD . ADD} three {ADD Two ADD} members to {ADD shall ADD} be elected in June, 1959 {ADD 1997, who shall be elected to serve until December of 2000, ADD} and two {ADD three ADD} members to be elected in June, 1961 to succeed those whose terms expire, respectively all from voting districts of representative districts as established by law. {ADD 1999, who shall be elected to serve until the first Tuesday of December of 2002; thereafter all terms and elections shall proceed as stated above. ADD}

Sec. 13-2 Vacancy on the board. -- The Town Council shall fill any vacancy occurring in the membership of the Board of Water Commissioners from any cause by the appointment of a properly qualified elector residing in the voting district in which the vacancy occurs as a member to fill such vacancy until the next succeeding election of local officers, provided that if such vacancy shall occur {ADD before the first date allowable by law for filing of declaration of candidacy for the next regular election ADD} six months or more prior to such regular election , a special election shall be called by the Town Clerk to be held within thirty (30) days of the date of the occurrence of the vacancy, {ADD in order ADD} to fill such vacancy.

Sec. 13-3. Compensation of members. -- The members of the Board of Water Commissioners shall receive an annual salary as may be prescribed by ordinance , {ADD . ADD} but their salary shall not be changed after the filing of nomination papers for the office or during the terms of office for which they are elected. {ADD Any salary change shall not take effect during the current term of office for which they are elected. ADD}

SECTION 7. Section 4-7 of Article 4 of the Charter of the Town of Lincoln entitled "The Budget" is hereby amended to read as follows:

Sec. 4-7. Certification of detailed budget. -- Within one week after the annual financial town meeting, the budget board shall certify to the treasurer, town administrator and president of the town council, the detailed budget or work sheets upon which each item of appropriation passed was presumably based, showing allotments by quarterly periods of the budget year. Any head of a department, office or agency, may if he {ADD that person ADD} so desires shorten the work program and requested allotments of appropriations submitted by him {ADD such office ADD} to the town administrator by incorporating therein specific references to the particular items in said detailed budget applicable to his {ADD the ADD} department, office or agency. Said detailed budget or work sheets shall not be considered as part of or in any way affecting the actual items of appropriation voted by the financial town meeting. {ADD Should the budget board fail to certify the budget, a written detail of the budget board's reasons therefore shall be provided to the town council by the chair of the budget board. Within two (2) weeks after such notification or failure thereof, the town council shall meet to determine if a special financial town meeting should be convened pursuant to section 3-11 of this charter. ADD}

SECTION 8. Section 7-6 of Article 7 of the Chapter of the Town of Lincoln entitled "Department of Finance" is hereby amended to read as follows:

Sec. 7-6. Competitive bidding. -- Except in the case of contracts for professional services, before the town makes any purchase of, or contract for supplies, materials, equipment or work to be performed in excess of three thousand dollars ($3,000) or, in the case of contracts for "public works" as defined in section 37-13-1 of the General Laws, in excess of five thousand dollars ($5,000) opportunity shall be given for competitive bidding after public notice under such rules and regulations, and with such exceptions, as the town council may prescribe by ordinance. All such purchases or such contracts for more than three thousand dollars ($3,000) or in the case of contracts for "public works" for more than five thousand dollars ($5,000), shall be awarded to the lowest responsible bidder, except that the purchasing authority may be directed by the town council to reject any or all bids and then to readvertise for bids, or go onto the open market. A performance bond shall be required of any successful bidder in such amount and with such surety as the town council may specify or ordain. No transaction which is essentially a unit shall be divided into a series of orders for the purpose of circumventing the requirement of this charter for competitive bidding. Bids, specifications and all other factors being equal, preference shall be given to the bidder whose place of business is in the town. Purchase or contracts for between five hundred dollars ($500) and three thousand dollars ($3,000) or, in the case of contracts for "public works", for between one thousand dollars ($1,000) and five thousand dollars ($5,000) shall be made only after the finance director has obtained three (3) quotations, if available, from competitors.

{ADD All municipal contracts shall be awarded by either (a) competitive sealed bidding; (b) competitive negotiations; (c) non-competitive negotiations; or (d) small purchase procedures, as those terms are defined by state law or under such rules, regulations, constraints and exceptions as the town council may prescribe by ordinance. ADD}

SECTION 9. Section 5-10 of Article 5 of the Charter of the Town of Lincoln entitled "Town Council" is hereby amended to read as follows:

Sec. 5-10. Annual audit. -- The town council shall provide for an annual detailed audit of the financial records of the town for the preceding fiscal year, such audit to be made within four (4) months after the close of such fiscal year. Such audit may be conducted either by state auditors or by a certified public account, provided that in 1960 and every fifth year thereafter, the town council by resolution shall arrange for an independent audit of the books, accounts and other evidences of financial transactions of the town, by a certified public accountant holding a certificate from this state and having no personal interest in such books, accounts and other evidences of financial transactions of the town. Audits shall be made without competitive bids and shall conform with generally accepted auditing standards, including all procedures necessary for the auditors to express an informed opinion of the financial condition of the town. A copy of the audit report each year shall be filed with the town clerk and shall be a public record.

SECTION 10. The town council of the town of Lincoln is hereby authorized and empowered to submit amendments to the town charter to the qualified electors of said town at the next general election in November 1996. The form of the questions to be submitted shall be as follows:

QUESTION 1

Shall the Lincoln Town Charter be amended to change the time of town elections from the first Tuesday in June in odd-numbered years to the first Tuesday following the first Monday in November of even-numbered years, including a phase-in of staggered elections and other changes needed to effectuate these changes?

QUESTION 2

Shall the Lincoln Town Charter be amended to add a procedure for certification of the detailed budget in the event that the Budget board fails to certify the budget?

QUESTION 3.

Should the competitive bidding provisions of the Lincoln Town Charter be changed to incorporate State law?

SECTION 11. This act shall take effect upon passage.