The Town Administrator subject to the approval of the Town Council,
or the Town Meeting by by-law, may reorganize, create, consolidate
or abolish, in whole or in part, committees, commissions, offices,
departments and agencies under the supervision of the Town Administrator;
may establish new committees, commissions, offices, departments and
agencies as deemed necessary; and may for such purposes transfer the
duties and powers, and, so far as is consistent with the use for which
the funds were voted by the Town, transfer the appropriation of one
committee, commission, office, department or agency to another.
(a)
Powers and Duties. Until such time as otherwise provided in accordance with Section 5-1, there shall be established a Department of Public Works under the direction of a Director of Public Works. The Department shall assume all of the powers and duties and perform all of the functions related to public works, including, but not limited to, those functions which, prior to the adoption of this charter, were performed by the tree warden, highway department, cemetery department, engineering department, water department, sewer department, and the refuse and collection and disposal function under the Board of Health, or now vested in or exercised by any of the following departments and offices, which are hereby renamed divisions and included within the Department of Public Works: Highway, Engineering, Public Buildings, Cemeteries, Parks, and Tree Warden.
[Amended 11-5-2018 RTM
by Art. 36]
(b)
Operations. Operations under the Department of Public works may include,
but need not be limited to, the following:
(1)
refuse collection and disposal;
(2)
storm sewers and drains;
(3)
protection of natural resources;
(4)
forestry services;
(5)
streets, roads, and sidewalks;
(6)
cemeteries;
(7)
engineering services;
(8)
water and sewer service;
(9)
parks: and,
(10)
maintenance of all other Town-owned buildings grounds and facilities
(excluding libraries and the facilities of the Municipal Gas and Light
Department), including, but not limited to, maintenance of school
buildings and grounds with the exception of school janitorial duties
which shall be a function of the School Department.
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Other activities and functions that are related to a department
of public works may, from time to time, be assigned to the Department
in accordance with the Town's by-laws or other vote of Town Meeting.
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(c)
Director of Public Works. The Town Administrator shall appoint, subject
to the approval of the Town Council, a Director of Public Works, who
shall be a person especially suited by education, training and previous
experience to perform the duties of the office. The Director shall
be responsible for the supervision and coordination of all public
works operations of the Town that are placed under control of the
Director by this charter, by by-law, or by other vote of Town Meeting.
(d)
Advisory Board of Public Works. The Town Council shall appoint a
three (3) member Advisory Board of Public Works, who are suitably
qualified, for terms of three (3) years each, so arranged that the
term of one member shall expire each year. The Advisory Board of Public
Works shall from time to time consult with the Town Administrator
for the purpose of providing advice and assistance in the development
of policy guidelines for the operation of the Department of Public
Works, and perform other advisory functions related to the Department
of Public Works as the Town Council may direct.
The Town Administrator 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; disciplinary procedures; and other elements
that are deemed necessary. All Town agencies and positions shall be
subject to the rules and regulations adopted under this section excluding
employees of the School Department.
[Amended 11-5-2018 RTM
by Art. 38]
The Town Council shall appoint a Town Counsel, to a term not
to exceed three (3) years, and fix his compensation within the amount
annually appropriated for that purpose. The person appointed and employed
by the Town Council as Town Counsel shall be a member in good standing
of the bar of the Supreme Judicial Court of Massachusetts and of all
other courts before which he has been admitted to practice. Any special
counsel employed by the Town Council shall be a member in good standing
of the bar of all courts before which he has been admitted to practice.
In addition to those duties which the Town Council may request
or authorize the Town Counsel to perform, he shall have the following
powers and duties:
(a)
The Town Counsel shall examine and report to the Town Administrator
upon the title to any land to be acquired by the Town or any agency;
(b)
The Town Counsel shall, when requested, counsel with respect to all
contracts, bonds, deeds and other legal instruments to which the Town
is a party or in which any right or interest of the Town is involved;
(c)
The Town Counsel shall advise all Town agencies and officers regarding
legal questions relating to their powers and duties;
(d)
The Town Counsel, when requested by the Town Council, shall appear
and conduct, or assist in the conduct of the prosecution, defense
or compromise of any claims, actions and proceedings by, on behalf
of, or against the Town or any Town agency; and,
(e)
The Town Counsel shall provide any and all other such legal services
as may be required in the conduct of the Town's business.
There shall be a Town Accountant, appointed by the Town Administrator.
The Town Accountant shall be qualified in accordance with the laws
of the Commonwealth and shall have at least three (3) years prior
full-time accounting experience. The Town Accountant shall devote
his entire time to the performance of his duties and the supervision
of the employees of his department. The Town Accountant shall be appointed
in March of every year for a three (3) year term and shall serve until
the qualification of his successor. The Town Accountant may be removed
by the Town Administrator for cause, and the vacancy filled in the
same manner as an original appointment for the remainder of the unexpired
term.
The Town Accountant shall be subject to the supervision of the
Town Administrator. He shall have, in addition to the powers and duties
conferred and imposed upon Town Accountants by the laws of the Commonwealth,
the following powers and duties:
(a)
He shall prescribe the methods of installation and exercise supervision
of all accounting records of the several Town officers and agencies.
However, any change in the system of accounts shall first be discussed
with the Town Administrator and the Town agencies affected.
(b)
He shall establish standard practices relating to all accounting
matters and procedures and the coordination of systems throughout
the Town, including clerical and office methods, records, reports
and procedures as they relate to accounting matters. He shall prepare
and issue rules, regulations and instructions relating thereto that,
when approved by the Town Administrator, shall be binding upon all
Town agencies and employees.
(c)
He shall draw all warrants upon the Town Treasurer for the payment
of bills, drafts and orders chargeable to the several appropriations
and other accounts.
(d)
Prior to submitting any warrant to the Town Administrator, he shall
examine and approve as not being fraudulent, unlawful or excessive,
all bills, drafts and orders covered thereby. In connection with any
such examinations, he may make inspection as to quality, quantity
and condition of any materials, supplies or equipment delivered to
or received by any Town officer or agency. If, upon examination, it
appears to the Town Accountant that any such bill, draft or order
is fraudulent, unlawful or excessive, he shall immediately file a
written report of his findings with the Town Administrator, the Town
Treasurer, and the Town Council.
(e)
He shall be responsible for a continuous audit of all accounts and
records of the Town wherever located.
(f)
The Town Accountant shall perform any and all duties incumbent upon
him under the provisions of M.G.L. Chapter 41, Sec. 55-61. et seq.
[Amended 11-5-2018 RTM
by Art. 38]
(g)
The Town Accountant shall provide for an Annual Report which shall
contain a statement of appropriations, expenditures and balances in
conformance with M.G.L. Chapter 41, Sec. 61 and the provisions of
this charter.
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If the Town Accountant is unable to perform his duties because
of disability or absence, or if the office is vacant because of resignation,
dismissal or death, the Town Administrator may appoint a temporary
Town Accountant to hold such office and exercise the powers and perform
the duties until the Town Accountant who was disabled or absent resumes
his duties, or until another Town Accountant is duly appointed. Said
temporary appointment shall be in writing and filed in the office
of the Town Clerk.
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[Amended 11-17-2008 RTM by Art. 14; 11-5-2018 RTM by Art. 38]
There shall be a Conservation Commission, consisting of seven
(7) members appointed by the Town Council for three (3) year terms,
so arranged that the terms of as nearly an equal number of members
as is possible expire each year.
The Conservation Commission shall have all the powers and duties
given to Conservation Commissions by the laws of the Commonwealth,
this charter, by by-law, or by other vote of Town Meeting.
[Amended 11-17-2008 RTM by Art. 14]
There shall be a Council on Aging, consisting of seven (7) members
appointed by the Town Council for terms not to exceed three (3) years,
so arranged that not more than three (3) appointments shall be made
in any one (1) calendar year.
The Council on Aging shall have all the powers and duties given
to Councils on Aging by the laws of the Commonwealth, this charter,
by by-law, or by other vote of Town Meeting. The duties of the Council
shall include:
(a)
identify the total needs of the community's elderly population;
(b)
educate the community and enlist the support and participation of
all citizens concerning these needs;
(c)
design, promote, or implement services to fill these needs or coordinate
present existing services in the community;
(d)
promote and support any other programs which are designed to assist
elderly persons in the community;
(e)
cooperate, so far as practicable, with the Executive Office of Elder
Affairs; and,
(f)
submit a copy of its annual report on its activities to the Town
Council and to the Executive Office of Elder Affairs.
[Amended 11-5-2018 RTM
by Art. 38]
[Amended 11-17-2008 RTM by Art. 14]
There shall be a Recreation Commission, consisting of nine (9)
members, eight (8) appointed by the Town Council and one (1) appointed
by the School Committee, for three (3) year terms, so arranged that
three (3) terms expire each year.
The Recreation Commission shall be responsible for the evaluation
of program activities, formulation of overall plans for the program
development, and for the scheduling of Town parks and fields.
The Recreation Commission shall also have all the powers and
duties given to it by this charter, by by-law, or by other vote of
Town Meeting.
[Amended 11-17-2008 RTM by Art. 19; 11-6-2017 RTM by Art. 5]
Wherever a term of office is set forth in this Part V as being
for a period of one or more years, such term shall commence upon appointment
by the Town Council at the said Council's first meeting following
the Town election and shall expire upon the first meeting of the Town
Council after the last Town election held within such term. Prior
to making any such appointment, the Town Council shall seek candidates
by publishing notice of such appointment in a newspaper of general
circulation within the Town a reasonable period of time in advance
thereof.
