[Adopted 4-8-2013 ATM by Art. 7]
[Amended 11-1-2021 STM
by Art. 2]
A.
The Town Administrator shall act as the chief administrative officer
of the Town of Southborough and shall be responsible to the Select
Board, as its agent, for the effective management of all Town affairs
placed in the Town Administrator's charge by the Town of Southborough
Code, Town Meeting vote, or by vote and direction of the Select Board.
B.
The Town Administrator shall be responsible for the implementation
of Town policies established by the Select Board, as well as ensuring
that the decisions of the Select Board are fully executed. The specific
functions and duties of the Town Administrator shall include, but
not be limited to, the functions and duties described in this bylaw.
C.
Notwithstanding the provisions of this bylaw, the essential chief
executive functions of the Town remain vested at all times in the
Select Board who may assert, either preemptively or reactively by
applicable statutory authority, that full executive power as elected
officials of the Town in substitution for the powers delegated under
bylaw to the Town Administrator. The Select Board may exercise its
executive authority by majority vote.
[Amended 11-1-2021 STM
by Art. 2]
A.
Personnel:
(1)
The Town Administrator, acting as an agent of the Select Board and
as consistent with the Code of the Town of Southborough, shall supervise,
direct and be responsible for the efficient administration of all
departments and personnel under the jurisdiction of the Select Board
and all functions for which the Town Administrator is given responsibility
or control by the Town of Southborough Code, Town Meeting vote, or
by vote of the Select Board.
(2)
The Town Administrator shall act as Personnel Director and shall
be the administrative representative of the Personnel Board. With
the guidance and oversight of the Personnel Board, the Town Administrator
shall:
(a)
Develop, maintain, and administer the Personnel Bylaw which
shall be approved annually at Town Meeting, and which includes but
is not limited to: classification system, compensation system, personnel
rules and regulations which indicate the rights and obligations of
employees, disciplinary procedures, personnel appraisal system, development
and implementation of an ongoing training program, and any other personnel
and hiring policies, practices, and regulations for Town employees
not covered by collective bargaining agreements.
(b)
Administer and enforce the rules and regulations of the Personnel
Bylaw with authority to interpret same but not to rescind or otherwise
amend. The Director shall report to the Personnel Board, in writing,
any interpretation made in any area where this bylaw is not reasonably
clear.
(c)
Furnish the Personnel Board with all information essential for
the actions of that Board.
(3)
The Town Administrator shall direct contract negotiations, subject
to the approval of the Select Board, and ensure ongoing compliance
with their provisions.
(4)
Regarding departments within the jurisdiction of the Select Board:
(a)
The Town Administrator shall, based upon merit and suitability,
recommend the appointment or removal of department heads to the Select
Board. The Town Administrator shall also provide annual evaluations
of department heads to the Select Board.
(b)
Department heads shall consult with the Town Administrator throughout
the process of making any appointments or removals within their departments.
The Town Administrator shall report to the Select Board on those appointments
or removals.
(c)
The Town Administrator may transfer personnel between departments,
subject to the approval of the Select Board and consistent with the
Code of the Town of Southborough and state law.
(5)
Regarding departments outside the jurisdiction of the Select Board,
with the exception of the schools:
(a)
All elected boards, officials and committees shall consult with
the Town Administrator throughout the process of appointing or removing
a department head, and shall provide written notice of intent to appoint
or remove to the Town Administrator for the purpose of maintaining
compliance with personnel policies, practices, or procedures of the
Town.
(b)
All elected boards, officials and committees shall consult with
the Town Administrator throughout the process of contracting personnel
services to ensure compliance with personnel policies, practices,
or procedures of the Town.
(c)
Department heads shall consult with the Town Administrator throughout
the process of making any appointments or removals within their departments
for the purpose of maintaining compliance with personnel policies,
practices, or procedures of the Town.
(d)
Elected boards and committees and also department heads shall
consult with the Town Administrator to ensure that their management
of employees and contracted personnel is consistent with personnel
policies, employment contracts, and practices in use in all Town departments.
B.
Administrative:
(1)
The Town Administrator shall act as the Chief Procurement Officer
under the provisions of Chapter 30B of the General Laws, and, subject
to the authority of the Select Board, shall be responsible for the
purchasing of all supplies, materials, equipment, and services for
the Town, including the bidding and awarding of all contracts, except
as follows:
(a)
For supplies, materials, equipment, and services for the School
Department, unless specifically requested by the School Committee.
(b)
For library materials, supplies, equipment, and services specific
to the function of the library, unless specifically requested by the
Library Trustees.
(c)
For personnel services as described within § 27-26A(5)(b).
(2)
The Town Administrator shall coordinate the activities of all Town
departments serving under the Select Board with those under the control
of other officers and multiple-member bodies elected directly by the
voters.
(3)
The Town Administrator, subject to the authority of the Select Board,
shall have full jurisdiction over the rental and use of all Town facilities,
except schools and the library, and shall oversee all Town capital
maintenance, construction, repairs and rental/use of Town facilities,
consistent with the Code of the Town of Southborough and state statutes.
(4)
Subject to policies established by the Select Board, the Town Administrator
shall present for approval to the Select Board all warrants or vouchers,
including payroll warrants, for payment of Town funds submitted by
the Town Accountant.
(5)
The Town Administrator shall be responsible for working with Town
officers and departments on Town loan and grant applications and,
in consultation with the office or department receiving the loan or
grant, overseeing adherence to the conditions of such loans or grants.
(6)
The Town Administrator shall negotiate collective bargaining contracts
on behalf of the Select Board, and subject to approval of the Select
Board. The Town Administrator shall administer and enforce collective
bargaining agreements and personnel rules and regulations within the
purview of the Select Board.
(7)
The Town Administrator shall recommend to the Select Board on the
prosecution, defense, and compromise of all litigation to which the
Town is a party.
C.
Financial management:
(1)
The Town Administrator shall, after consultations with the Select
Board and the Advisory Committee, issue guidelines for requested appropriations
to all departments and elected officials and boards whose budgets
are appropriated by Town Meeting. Said guidelines shall be issued
on or before October 30. Nothing herein shall conflict with the Advisory
Committee's duties and obligations under state statute, nor shall
it limit the Advisory Committee's right to issue independent guidelines
for requested appropriations.
(2)
The Town Administrator shall be responsible for preparing the annual
requested appropriations from departments under the jurisdiction of
the Select Board.
(3)
The Town Administrator shall provide support, tools, and coordination
for departments, elected officials and boards not under the Select
Board in the development of their appropriation requests.
(4)
The Town Administrator shall provide to the Select Board and the Advisory Committee by January 30 budget proposal(s) consistent with guidelines described in § 27-26C(1).
(5)
The Town Administrator shall maintain a current estimate of expected
revenues and expenditure trends for the next fiscal year.
(6)
The Town Administrator shall develop and maintain a capital facilities
plan and budget for all municipal structures.
(7)
The Town Administrator shall maintain a capital equipment plan and
budget for all other municipal capital equipment.
(8)
The Town Administrator shall be responsible for the application of
modern accounting and financial reporting practices and further shall
maintain accurate and centralized records, including but not limited
to:
(a)
Financial documentation, including therein such information
as the Select Board deems desirable.
(b)
Personnel documentation for all employees, including therein
evaluations and such information as the Personnel Board deems desirable.
(c)
All documentation required to be maintained as per the Code
of the Town of Southborough.
(9)
The Town Administrator shall prepare, annually, a five-year financial
forecast of revenue, expenditures, including capital expenditures,
and the general financial condition of the Town. Said plan shall be
submitted to the Select Board, the Advisory Committee, the Board of
Assessors and the School Committee, and shall be made available to
the public.
(10)
The Town Administrator shall oversee the coordination, compilation,
and distribution of the annual Town Report.
(11)
The Town Administrator shall develop and oversee performance
measurement systems for municipal services.
D.
General:
(1)
The Town Administrator shall serve as the Town's Chief Information
Officer for any time period that this role remains unfilled. The Chief
Information Officer shall be responsible for activities such as maintaining
and enhancing the capabilities and integration of the information
systems used in the various Town departments, improving citizen access
to user-friendly Town information, and developing, maintaining, and
enhancing necessary tools, including but not limited to: budgetary
tools (operating and capital), a centralized recordkeeping system,
and performance measurement systems.
(2)
The Town Administrator shall prepare the agenda for and attend all
meetings of the Select Board, and shall cause full and complete records
of such meetings to be taken and maintained.
(3)
The Town Administrator shall assist in the preparation of the warrants
and motions for and attend all sessions of Town Meeting.
(4)
The Town Administrator shall present reports to the Select Board
identifying priorities, concerns, issues and outcomes of the Town
Administrator's office.
(5)
The Town Administrator shall act as the Select Board's liaison with
federal, regional, and state authorities, as well as with all Town
boards, committees, and officials outside the purview of the Select
Board.
(6)
The Town Administrator shall provide leadership and direction in
the development of short- and long-range plans, including but not
limited to the gathering, analysis and preparation of data for studies,
reports and recommendations to the Select Board.
(7)
The Town Administrator shall perform any other duties consistent
with the office of the Town Administrator as may be required by bylaw,
vote of Town Meeting, or vote of the Select Board.
A.
If any section, subsection, paragraph, sentence, clause, word, or
any other part of this bylaw shall be adjudicated by a court of competent
jurisdiction to be unconstitutional, unenforceable, or otherwise invalid,
such adjudication shall not affect, impair or invalidate the remainder
of the bylaw, and it shall be construed to have been the legislative
intent to enact this bylaw without such unconstitutional, unenforceable
or invalid parts therein.
B.
The Select Board are hereby authorized to approve amendments which
shall be within the scope of the general public objectives of this
petition.
[Amended 11-1-2021 STM
by Art. 2]
