(a)
Methods of Organization. The organization of town
into operating agencies for the provision of services and the administration
of government may, pursuant to charter powers granted in section twenty
of chapter 43B of the General Laws, be accomplished through either
of two methods provided in this part.
(1)
Ordinance. Subject only to the express prohibitions
in laws of the Commonwealth or the provisions of this charter, the
town council may by ordinance, reorganize, consolidate, create, merge,
divide or abolish any town agency, in whole or in part, establish
such new town agencies as it deems necessary or advisable, determine
the manner of selection, the term of office and prescribe the functions
of all such agencies.
(2)
Executive Reorganizations. The town manager
may from time to time prepare and submit to the town council plans
of organization or reorganization which establish operating divisions
for the orderly, efficient or convenient conduct of business of the
town. Whenever the town manager prepares such plan, the town manager
shall hold one or more public hearings on the proposal giving notice
by publication in a local newspaper, which notice shall describe the
scope of the proposal and the time and place at which the public hearing
will be held, not less than seven nor more than fourteen days following
the date of said publication. Following such public hearing, the proposal,
which may have been amended by the town manager subsequent to the
public hearing, shall be submitted to the town council.
An organization or reorganization plan shall
become effective at the expiration of the sixty days following the
date of submission of such proposal to the town council unless the
town council shall, by a majority vote, vote to disapprove the plan.
The town council may vote only to approve or disapprove the plan and
no vote to amend or alter it shall be deemed in order.
The town manager may propose reorganization
plans and subject only to express prohibitions in the laws of the
Commonwealth or this charter, reorganize, consolidate or abolish in
whole or in part town agencies, or establish such new town agencies
as is deemed necessary to the same extent as is provided in section
5-1(a)(1) above, for ordinances; and for such purpose may transfer
the duties and powers and so far as is consistent with the use for
which the funds were voted by the council, transfer the appropriation
of one town agency to another.
(b)
Repetitive Proposals. Whenever a reorganization proposal
becomes effective, whether under the provisions of section (1) or
(2), no proposal to again reorganize which deals with substantially
the same subject matter shall be acted upon within eighteen months
following the first reorganization, except on the petition of the
town manager.
The Town Manager shall adopt rules and regulations
establishing a personnel system. The personnel system shall make use
of modern concepts of personnel management and may include, but not
be limited to, the following elements: a method of administration;
personnel policies indicating the rights, obligations and benefits
of employees; a classification plan; a compensation plan; a method
of recruiting and selecting employees based upon merit principles;
a centralized record keeping system; a performance evaluation system;
disciplinary procedures; and other elements that are determined necessary.
All town agencies and positions shall be subject to the rules and
regulations adopted under this section excluding employees of the
school department, the libraries of the town and the airport commission.[1]
