The town council shall appoint by a majority
vote of the full council a town manager. The town manager shall be
a person of proven administrative ability, especially qualified by
education and training with prior experience as a city or town manager,
or an assistant city or town manager or the equivalent public or private
sector level experience. The town council may from time to time establish
such additional qualifications as deemed necessary and appropriate.
The town manager shall devote full time to the
duties of the office and shall not hold any other elective or appointive
office, nor shall the town manager engage in any other business unless
such action is approved in advance in writing by the town council.
The town manager need not be a resident of the
town or of the Commonwealth at the time of appointment but shall establish
residence within the town within six months following appointment,
unless the town council shall extend such time.
Except as otherwise provided by this charter,
the town manager shall appoint, based upon merit and fitness alone,
all department heads, officers, subordinates, and employees for whom
no other method of selection is provided in this charter except employees
of the school department, airport commission and persons serving under
officers elected directly by the voters of Barnstable.
All appointments made by the town manager are subject to the approval of the town council. In accordance with the procedures set forth in section 5-1, the town manager may be required, to consult with or engage in a joint recruitment and selection process with multiple member bodies, prior to the appointment of department heads or employees, who may provide policy advice, or support or receive direction from said multiple member bodies.
The town manager shall be the chief administrative
officer of the town and shall be responsible to the town council for
the proper operation of town affairs for which the town manager is
given responsibility under this charter. The powers, duties and responsibilities
of the town manager shall include, but are not intended to be limited
to, the following:
(a)
To supervise, direct and be responsible for the efficient
administration of all officers appointed by the town manager and their
respective departments and of all functions for which the town manager
is given responsibility under this charter, by ordinance, or by vote
of the town council.
(b)
To administer either directly or through a person
or persons supervised by the town manager, in accordance with this
charter, all provisions of general or special laws applicable to the
town, all ordinances, and all regulations established by the town
council.
(c)
To coordinate all activities of town departments or
agencies.
(d)
To attend all regular and special meetings of the
town council, unless excused, and to answer all questions addressed
to the town manager which are related to matters under the general
supervision of the town manager.
(e)
To keep the town council fully informed as to the
needs of the town, and to recommend to the council for adoption such
measures requiring action by them as the town manager deems necessary
or expedient.
(f)
To insure that complete and full records of the financial
and administrative activity of the town are maintained and to render
reports to the town council as may be required.
(g)
To be responsible for the rental, use, maintenance
and repair of all town facilities, except those under the jurisdiction
of the school committee and the airport commission.
(h)
To be responsible for the purchase of all supplies,
materials, and equipment, except books and other educational materials
for schools and approve the award of all contracts, except contracts
for educational materials.
(i)
To develop and maintain a full and complete inventory
of all town owned real and personal property.
(j)
To administer personnel policies, practices, or rules
and regulations, any compensation plan and any related matters for
all town employees and to administer all collective bargaining agreements,
except for school department agreements, entered into by the town.
(k)
To fix the compensation of all town employees and
officers appointed by the town manager within the limits established
by appropriation and any applicable compensation plan.
(l)
To be responsible for the negotiation of all contracts
with town employees over wages, and other terms and conditions of
employment, except employees of the school department and the airport
commission. The town manager may employ special counsel to assist
in the performance of these duties. Insofar as they require appropriations,
contracts shall be subject to the approval of the town council.
[Amended by Town Council item 91-119 on 6/6/91;
amendment approved by voters on 11/5/91]
(m)
To prepare and submit an annual operating budget,
capital improvement program and a long term financial forecast as
provided in Part VI of this charter.
(n)
To keep the town council fully informed as to the
financial condition of the town and to make recommendations to the
town council as the town manager determines necessary or expedient.
(o)
To investigate or inquire into the affairs of any
town department, agency or office.
(p)
To delegate, authorize or direct any subordinate or
employee of the town to exercise any power, duty or responsibility
which the office of town manager is authorized to exercise, provided,
that all acts that are performed under such delegation shall be considered
to be the acts of the town manager.
(q)
To perform such other duties as necessary or as may
be assigned by this charter, by ordinance, or by vote of the town
council.
The town manager shall receive such compensation
for services as the town council shall determine, but such compensation
shall be within the limits of available appropriations.
Any vacancy in the office of town manager shall
be filled as soon as possible by the town council. Pending appointment
of the town manager or the filling of any vacancy, the council shall
forthwith appoint some other qualified person to perform the duties
of the town manager. The appointment of the acting town manager shall
be for a term not to exceed three months, provided however, a renewal,
not to exceed an additional three months may be provided.
The town manager may designate by letter filed
with the town council and town clerk a qualified officer of the town
to perform the duties of the town manager during a temporary absence
or disability. The town council may not revoke such designation until
at least fourteen days have elapsed whereupon it may appoint such
other person to perform the duties of the town manager. In the event
of failure of the town manager to make such designation or if the
person so designated is for any reason unable to serve, or is deemed
not qualified by the town council, the town council may designate
some other qualified person to perform the duties of the town manager
until the town manager shall return.
The town council by affirmative vote of a majority
of the full council may vote to terminate, remove or suspend the town
manager from office in accordance with the following procedure:
Prior to removal or termination the town council
shall adopt a preliminary resolution of removal by the affirmative
vote of a majority of the full council. The preliminary resolution
may suspend the town manager for a period not to exceed thirty days.
A copy of the resolution shall be delivered to the town manager forthwith.
If so requested by the town manager, town council
shall provide a written statement setting forth the reasons for the
removal or termination.
Within five days after the receipt of the preliminary
resolution, the town manager may request a public hearing by filing
a written request for such hearing with the town council. If such
a hearing is requested, the hearing shall be held at a meeting of
the town council not later than twenty days from the date of request.
At such hearing the town manager shall be entitled to address the
town council and make comments related to the preliminary resolution.
If a public hearing has not been requested by
the town manager, the town council may adopt a final resolution of
removal, which may be effective immediately, by the affirmative vote
of a majority of the full council at any time after ten days following
the date of delivery of a copy of the preliminary resolution to the
town manager. If the town manager requests a public hearing, the town
council may, at the conclusion of the hearing or within five days
of the conclusion of the hearing, adopt a final resolution of removal
by an affirmative vote of majority of the full council.
The town council may suspend by an affirmative
vote of the majority of the full council, the town manager pending
and during any public hearing as requested by the town manager. The
town manager shall continue to receive a salary until the final date
of removal shall become effective unless provided otherwise. The action
of the town council in terminating, removing or suspending the town
manager shall be final.
Annually the town council shall prepare and
deliver to the town manager a written evaluation of the town manager's
performance.
