[HISTORY: Included herein as the Town Charter is Chapter
571 of the Acts of 1956, as revised in 1974; subsequently amended
10-23-1996 STM, Art. 14, approved by Chapter 50 of the Acts of 1997;
4-28-2003 ATM, Art. 21, approved by Chapter 141 of the Acts of 2004;
12-17-2019 by Chapter 145 of the Acts of 2019. The Charter was accepted
in 1958.]
An Act Establishing A Selectmen-Town Manager Plan For The Town
Of Andover [Chap. 571]
Be it enacted, etc., as follows:
At the first town election following the acceptance of this
act the registered voters of the town of Andover shall elect five select
board members of whom two shall serve for terms of three years, two
for terms of two years, and one for a term of one year. At each annual
town election thereafter the voters shall elect in place of those select
board members whose terms are about to expire a like number of select
board members to serve for terms of three years. When a vacancy occurs
on the select board, the remaining board members may at any time before
the next town election appoint a qualified person to serve as a select
board member until such election, at which the voters shall elect
a select board member to serve for the unexpired portion, if any,
of the original term. The select board member in office at the time
of the first election shall continue in office until the successor
is elected and qualified.
The select board shall be the makers of policy of the town government,
except as otherwise directed by statutes or by the town charter. The
town manager shall be responsible for ensuring that the boards, officers
and representatives of the town comply with policy determinations
of the select board.
In addition to the select board, the registered voters of the
town shall continue to elect the following officials in accordance
with any applicable statutes, by-laws and votes of the town:
(a)Â
A Moderator.
(b)Â
A school committee.
(c)Â
Elected Trustees of Punchard Free School.
(d)Â
Trustees of Cornell Fund.
(e)Â
Andover Housing Authority.
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The term of office of any elective office, board or committee
so continued, under this section, shall not be interrupted. Every
other elective office, board or commission shall be terminated as
hereinafter provided, any other provisions of law to the contrary
notwithstanding. The term of office of any person elected to any office,
board or commission existing at the time of such acceptance and terminated
hereunder shall continue until such first town election and until
the appointment and qualification of his successor, if any, and thereafter
the said offices, boards and commissions shall be abolished and all
powers, duties and obligations conferred or imposed thereon by law,
except as provided by this act, shall be conferred and imposed upon
the select board and exercised by the town manager to the extent hereinafter
provided. The powers, duties and responsibilities of elected officials
shall be as now or hereafter provided by applicable statutes and by-laws
and votes of the town, except as otherwise expressly provided herein.
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(a)Â
The select board shall appoint a town manager as provided in
section six, who may thereafter be removed as provided in section
eight.
(b)Â
The select board shall appoint a zoning board of appeals, officers
and registrars of voters other than the town clerk, a town accountant,
and may, after such notice and hearing as they may deem advisable,
remove any person so appointed for cause.
(c)Â
The moderator shall appoint such boards, committees and officers,
including a finance committee, as he may now or hereafter be directed
to appoint by any applicable law, by-law or vote of the town.
(d)Â
The town manager shall appoint, subject to the approval of the select
board, upon merit and fitness alone, and may, subject to the provisions
of chapter 31 of the General Laws where applicable, remove for cause
a town clerk, town treasurer, tax collector, a board of public health,
a planning board, a board of assessors, a board of library trustees,
a town counsel, and all other officers, boards, committees and employees
of the town, with the exception of the elected officials specified
in section two, and employees of such elected officials.
The number of members of boards, commissions and committees
so appointed as provided in the preceding section, the length of the
term of each member thereof and of officers so appointed, and the
powers, duties and responsibilities of the same shall be as now or
hereafter provided by any applicable law, by-law or vote of the town,
except as herein otherwise provided. Upon appointment and qualification
of the various officials as provided for in section three, the term
of office and all powers and duties of each person theretofore holding
each such office shall cease and be terminated.
Officers, boards, commissions and committees appointed by the
town manager shall possess all the powers and rights and shall be
subject to all the duties and liabilities specifically conferred or
imposed by any applicable provision of law upon them or upon officers,
boards, commissions or committees having corresponding powers and
duties, but in the performance thereof they shall be subject to the
general supervision of the town manager.
In the Charter, words in the masculine gender shall be interpreted
to include the feminine gender.
A member of the select board, or of the school committee, or
of the finance committee, shall during the term for which he was elected
or appointed, be ineligible to hold any other elective or appointive
town office or position. Any person elected or appointed to any other
office, board, commission or committee under the provisions of this
act or of any general or special law, shall be eligible, during his
term of office, for election or appointment to any other town office,
board, commission or committee, except that the town accountant shall
not be eligible to hold the office of the town treasurer or town collector.
Notwithstanding the foregoing, whenever the town shall undertake to
construct or improve a school building or property, one member of
the school committee and an administrative representative of the superintendent
of schools shall be appointed by the school committee to serve on
the school building committee to which the planning and construction
or acquisition of such school building or property is delegated.
Subject to the approval of the select board the town manager
may, but without additional compensation therefor, assume the powers,
duties and responsibilities of any office which he is authorized to
fill by appointment, such assumption to be evidenced by and effective
upon the filing with the town clerk of a written declaration of such
assumption signed by the town manager, except he shall not appoint
himself as a member of any board or committee.
The select board shall appoint, as soon as practicable after
the first town election following acceptance of this act or after
the occurrence of any vacancy, for a term of five years, a town manager
who shall be a person especially fitted by education, training and
previous full-time paid experience in a responsible administrative
position in municipal government, to perform the duties of his office.
The town manager shall be appointed without regard to his political
beliefs. He need not be a resident of the town when appointed, but
shall be a resident of the town during his term of office. He may
be appointed for successive terms of office. No holder of elective
office in the town shall within five years of holding such office
be eligible for appointment as town manager. Before entering upon
the duties of his office the town manager shall be sworn to the faithful
and impartial performance thereof by the town clerk, or by a justice
of the peace. He shall execute a bond in favor of the town for the
faithful performance of his duties in such sum and with such surety
or sureties as may be fixed or approved by the select board, the premium
for said bond to be paid by the town.
The town manager may designate, by letter filed with the town
clerk, a qualified officer of the town to perform his duties during
his temporary absence or disability. Pending the appointment of a
town manager or the filling of any vacancy or the failure of the town
manager to designate a temporary manager, or during the suspension
of the town manager, the select board shall appoint a suitable person
to perform the duties of the office.
The select board, by a majority vote of the full membership
of the board, may remove the town manager. Not less than 30 days before
such proposed removal shall become effective, the select board shall
file a preliminary resolution with the town clerk setting forth in
detail the specific reasons for the proposed removal. A copy of the
resolution shall be sent by registered mail to the town manager. The
manager may reply in writing to the resolution and may request a public
hearing. If the manager so requests, the select board shall hold a
public hearing not earlier than 20 days nor later than 30 days after
the filing of the request. After the public hearing, if any, or at
the expiration of 30 days following the filing of the preliminary
resolution, and after full consideration, the select board, by a majority
vote of the full membership of the board, may adopt a final resolution
of removal. The select board may suspend the manager from duty in
the preliminary resolution but shall continue to pay the manager’s
salary until the expiration of 1 month after the date of the final
resolution of removal.
The town manager shall receive such compensation for his services
as the select board shall determine, but it shall not exceed the amount
appropriated therefor by the town.
In addition to other powers and duties expressly provided for
in this act, the town manager shall have the following powers and
duties:
(a)Â
The town manager shall supervise and direct and shall be responsible
for the efficient administration of all offices, boards and committees
appointed by him and their respective departments. He shall, in addition,
supervise and direct and shall be responsible for the efficient administration
of any agency or activity of the town not subject to his appointment
or control, including the Andover Housing Authority, but only at such
time and to such extent and for such period as the elected officials
having control of such agency or activity may, with the consent of
the select board, determine.
(b)Â
The town manager, in accordance with the provisions of this
act and except as otherwise expressly prohibited by the General Laws,
may reorganize, consolidate or abolish departments, commissions, boards
or offices under his direction and supervision, in whole or in part,
may establish such new departments, commissions, boards or offices
as he deems necessary, and in so doing, may transfer the duties and
powers, and, so far as possible in accordance with the vote of the
town, the appropriation of one department, commission, board or office
to another.
(c)Â
The town manager shall fix the compensation of all town officers
and employees appointed by him, subject to any applicable provisions
of chapter 31 of the General Laws.
(d)Â
The town manager shall keep full and complete records of his
office and shall render as often as may be required by the select
board a full report of all operations during the period reported on.
(e)Â
The town manager shall keep the select board fully advised as
to the needs of the town, and shall recommend to the select board
for adoption such measures requiring action by them or by the town
as he may deem necessary or expedient.
(f)Â
The town manager shall have jurisdiction over the rental and
use of all town property, except schools. He shall be responsible
for the maintenance and repairs of all town property, except school
buildings and grounds. He shall be responsible for the preparation
of plans and the supervision of work on all construction, reconstruction,
alterations, improvements and other undertakings authorized by the
town, subject, however, to the approval of the school committee with
respect to plans for the construction or improvement of school buildings
or property.
(g)Â
The town manager shall administer, either directly or through
a person or persons appointed by him in accordance with this act,
all provisions of general and special laws applicable to said town,
all by-laws and all regulations established by the select board.
(h)Â
The town manager shall, with the approval of the select board,
have the authority to prosecute, defend or compromise all litigation
to which the town is a party.
(i)Â
The town manager shall perform such other duties consistent
with his office as may be required of him by the by-laws or vote of
the town or by the vote of the select board.
(j)Â
The town manager shall have access to all town books and papers
for information necessary for the proper performance of his duties,
and may, without notice, cause the affairs of any department or activity
under his control, or the conduct of any officer or employee thereof,
to be examined.
(k)Â
The town manager shall purchase all supplies, materials and
equipment except library books and related printed and audio-visual
material, and shall award all contracts for all departments and activities
of the town under his supervision; and he shall make all purchases,
except school text-books, for departments or activities not under
his supervision but only upon and in accordance with a requisition
duly signed by the head of any such department.
Whenever any pay roll, bill or other claim against the town
is presented to the town manager, he shall, if the same seems to him
to be of doubtful validity, excessive in amount, or otherwise contrary
to the interests of the town, refer it to the select board, who shall
immediately investigate the facts and determine what, if any, payment
should be made. Pending such investigation and determination by the
select board, payment shall be withheld.
The town manager shall be the chief fiscal officer of the town.
Warrants for the payment of town funds prepared by the town accountant,
in accordance with the provisions of section 56 of chapter 41 of the
General Laws, shall be submitted to the town manager. The approval
of any such warrant by the town manager, or in his absence the acting
town manager, shall be sufficient authority to authorize payment by
the town treasurer, but the select board shall approve all warrants
in the event of the absence of the town manager, acting town manager
or a vacancy in the office of town manager.
The aggregate compensation of each town officer or employee
appointed by the town manager shall be limited to the amount established
in accordance with the provisions of this act, and all fees received
in accordance with the provisions of any general or special law shall
be paid into the treasury of the town.
It shall be unlawful for any select board member, the town manager,
or any other elective or appointive official of the town, directly
or indirectly, to make a contract with the town, or to receive any
reward from, or any share in the profits of, any person or corporation
making or performing such contract, unless the official concerned,
immediately upon learning of the existence of such contract, or that
such a contract is proposed, shall notify the select board and the
town manager, by registered mail, of the contract and of the nature
of his interest therein, and shall abstain from doing any official
act on behalf of the town in reference thereto. In case such interest
exists on the part of an officer whose duty it is to make such a contract
on behalf of the town, the contract may be made by another officer
of the town duly authorized thereto by vote of the select board. Violation
of any provision of this section shall render the contract in respect
to which such violation occurs voidable at the option of the town.
Any person violating any provision of this section shall be punished
by a fine of not more than $1,000, or by imprisonment for not more
than one year, or by both such fine and imprisonment.
All boards, officers and committees, of the town shall annually,
at the request of the town manager, submit to him in writing a detailed
estimate of the appropriations required for the efficient and proper
conduct of their respective departments and offices during the next
fiscal year. On or before a date established by a Town By-Law, the
town manager shall submit to each member of the finance committee
and of the select board a copy of his annual budget, which shall contain
a careful, detailed estimate of the probable expenditures of the town
for the ensuing fiscal year, including a statement of the amounts
required to meet the interest and maturing bonds and notes or other
indebtedness of the town, and showing specifically the amount necessary
to be provided for each office, department and activity, together
with a statement of the expenditures for the same purposes in the
two preceding years and an estimate of expenditures for the current
year. He shall also submit a statement showing all revenues received
by the town in the two preceding years, together with an estimate
of the receipts of the current year and an estimate of the amount
of income from all sources of revenue exclusive of taxes upon property
in the ensuing year. He shall also report to said committee and to
the select board the probable amount required to be levied and raised
by taxation to defray all of the proposed expenditures and liabilities
of the town, together with an estimate of the tax rate necessary therefor.
All laws, by-laws, votes, rules and regulations in force in
the town of Andover on the effective date of this act, or any portion
thereof, not inconsistent with its provisions, whether enacted by
authority of the town or any other authority, shall continue in full
force and effect until otherwise provided by law, by-law or vote;
all other laws, by-laws, votes, rules and regulations, so far as they
refer to the town of Andover, are hereby repealed and annulled, but
such repeal shall not revive any pre-existing enactment.
No contract existing and no action at law or suit in equity,
or other proceeding pending at the time this act is accepted, or at
the time of revocation of such acceptance, shall be affected by such
acceptance or revocation.
This act shall be submitted for acceptance to the qualified
voters of the town of Andover at the first annual town election after
passage of this act. The vote shall be taken by ballot in accordance
with the provisions of the General Laws, so far as the same shall
be applicable, in answer to the following question, which shall be
placed upon the ballot to be used at said election: "Shall an act
passed by the General Court in the year 1956 entitled 'An act
establishing a selectmen-town manager plan for the town of Andover'
be accepted by the town?" If a majority of the voters voting on this
question vote in the affirmative, said act shall take effect immediately
for the purpose of the next annual town election, and for all things
relating thereto, and shall take full effect beginning with said following
election. It shall be the duty of all town officials having to do
with elections and holding office at the time of acceptance to do,
in compliance with law, all things necessary for the nomination and
election of officers first to be elected under this act.
If this act is rejected when first submitted it shall again
be submitted at the next following annual town election, and if accepted
shall take effect as hereinbefore provided.
If this act is rejected for the second time it shall be again
submitted at the annual town election in the year 1959, and if accepted
shall take effect as hereinbefore provided. If this act is again rejected
when so submitted for the third time, it shall thereupon become void.
At any time after the expiration of three years from the date
of acceptance of this act, and not less than 90 days before the date
of an annual meeting, a petition signed by not less than 10% of the
registered voters of the town may be filed with the select board,
requesting that the question of revoking the acceptance of this act
be submitted to the voters. No such petition shall be valid unless
notice thereof shall be published by the select board for at least
two consecutive weeks in a newspaper having general circulation in
the town, the last publication to be at least 30 days prior to said
annual meeting. The select board shall thereupon direct the town clerk
to cause the said question to be printed on the official ballot to
be used at the next annual election in the following form: "Shall
the acceptance by the town of Andover of an act passed by the General
Court in the year 1956, entitled 'An act establishing a selectmen-town
manager plan for the town of Andover' be revoked?" If such revocation
is favored by a majority of the voters voting thereon, this act shall
cease to be operative on and after the annual meeting next following
such vote. All general laws respecting town administration and town
officers, and any special laws relative to said town, the operation
of which has been suspended or superseded by acceptance of this act,
shall be revived by such revocation and shall continue to be in full
force and effect. By-laws, votes, rules and regulations in force when
such revocation takes effect, so far as they are consistent with the
general laws respecting town administration and town officers and
with special laws relating to said town, shall not be affected thereby,
but any other by-laws, votes, rules and regulations inconsistent with
such general or special laws shall be annulled. If such revocation
is not favored by a majority of the voters voting thereon, no further
petition therefor shall be filed under this section oftener than once
in every three years thereafter.
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Approved July 26, 1956.
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Revised March 4, 1974
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