(a)
Mayor, qualifications — The chief executive officer of the
town shall be a mayor, elected by and from the voters of the town
at large. Any voter shall be eligible to hold the office of mayor.
The mayor shall devote full time to the office and shall not hold
any other elective public office, nor shall the mayor be engaged in
any other business, occupation or profession during the period of
service as mayor.
(b)
Term of office — The term of office of the mayor shall be 4
years beginning on the first business day of January following the
regular town election at which elected and until a successor is qualified.
(c)
Compensation — The town council shall, by ordinance, establish
an annual salary for the mayor. No ordinance altering the salary of
the mayor shall be effective unless it shall have been adopted in
the first 18 months of the term for which councilors are elected and
unless it provides that the salary is to become effective in January
of the year following the next regular town election.
(d)
Expenses — Subject to appropriation, the mayor shall be entitled
to reimbursement of the actual and necessary expenses incurred in
the performance of the duties of the office.
(e)
Prohibitions — The mayor shall hold no other town office or
town employment for which a salary or other emolument is payable from
the town treasury. No former mayor shall hold any compensated appointed
town office or town employment until 1 year after the date on which
the former mayor's term of office has terminated.
The executive powers of the town shall be vested solely in the
mayor, and may be exercised by the mayor either personally or through
the several town agencies under the general supervision and control
of the office of the mayor. The mayor shall cause the charter, the
laws, the ordinances and other orders for the government of the town
to be enforced and shall cause a record of all official acts of the
executive branch of the town government to be kept. The mayor shall
exercise a general supervision and direction over all town agencies,
unless otherwise provided by law, by the charter or by ordinance.
Each town agency shall furnish to the mayor, immediately upon request,
any information, materials or otherwise that the mayor may request
and that the needs of the office of mayor and the interest of the
town may require. The mayor shall supervise, direct and be responsible
for the efficient administration of all town activities and functions
placed under the control of the mayor by law, by this charter, by
ordinance or otherwise. The mayor shall be responsible for the efficient
and effective coordination of the activities of all agencies of the
town of Braintree and for this purpose shall have authority, consistent
with law, to call together for consultation, conference and discussion
at reasonable times all persons serving the town, whether elected
directly by the voters, chosen by persons elected directly by the
voters, or otherwise. The mayor shall be, by virtue of the office,
a member of every multiple-member body of the town, with the exception
of the school committee on which the mayor shall serve as the seventh
voting member. The mayor shall have a right, as an ex officio member,
to attend any meeting of any multiple-member body of the town, at
any time, including executive sessions, to participate in the discussions,
to make motions and to exercise every other right of a regular member
of such body, but not including the right to vote.
The mayor shall appoint, subject to the review of the appointments by the town council under section 2-10, all town officers, department directors and the members of multiple-member bodies for whom no other method of appointment or selection is provided by the charter, excepting only persons serving under the school committee, the Thayer Public Library Trustees, the Municipal Lighting Board, and persons serving under the town council. Except as may otherwise be required by the civil service law, appointments made by the mayor shall be for indefinite terms. All persons categorized as department directors shall, subject to the consent of the mayor, appoint all assistants, subordinates and other employees of the agency for which that person is responsible. All appointments and promotions made by the mayor shall be made on the basis of merit and fitness demonstrated by examination, past performance, or by other evidence of competence and suitability. Each person appointed to fill an office or position shall be a person especially fitted by education, training and previous work experience to perform the duties of the office or position for which chosen.
(a)
Town officers and department directors — The mayor may, in
writing, remove or suspend any town officer appointed by the mayor
by filing a written statement with the town clerk, setting forth in
detail the specific reasons for the removal or suspension. A copy
of the written statement shall be delivered in hand, or mailed by
certified mail, postage prepaid, to the last known address of the
town officer. The town officer may make a written reply by filing
a reply statement with the town clerk, within 10 days after the date
the statement of the mayor has been filed, but this reply shall have
no effect upon the removal or suspension unless the mayor shall so
determine. The decision of the mayor in suspending or removing a town
officer shall be final, it being the intention of this provision to
vest all authority and to fix all responsibility for this suspension
or removal solely in the mayor. The removal shall take effect 30 days
after the date of filing in the office of the town clerk the notice
of removal by the mayor.
(b)
Other Town employees — Unless some other procedure is specified
in a collective bargaining agreement or by civil service law, a department
director may suspend or remove any assistant, subordinate or other
employee of the agency for which that person is responsible under
the procedures established for suspension and removal in the personnel
ordinance. The decision of the department director to suspend or remove
any assistant, subordinate or other employee shall be subject to review
by the mayor. A person for whom a department director has determined
a suspension or removal is appropriate may seek review of this determination
by the mayor by filing a petition for review, in the office of the
mayor, in writing, within 10 days after receipt of notice of this
determination. The review by the mayor shall follow the procedures
established for suspension and removal in the personnel ordinance.
The decision of the mayor shall be final, it being the intention of
this provision to vest all authority and to fix all responsibility
for this suspension or removal solely in the mayor. Nothing in this
section shall be construed to be a bar to any other review that may
be provided by law.
Whenever a vacancy, either temporary or permanent, occurs in
a town office and the needs of the town require that the office be
filled, the mayor may designate the head of another town agency or
a town officer or town employee, or some other person to perform the
duties of the office on a temporary basis until the position can be
filled as otherwise provided by law, by the charter or by ordinance.
The mayor shall file a certificate in substantially the following
form, with the town clerk, whenever a person is designated under this
section:
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I designate (name of person) to perform the duties of the office
of (designate office in which vacancy exists) on a temporary basis
until the office can be filled by (here set out the regular procedure
for filling the vacancy, or when the regular officer shall return).
I certify that this person is qualified to perform the duties which
will be required and that I make this designation solely in the interests
of the town of Braintree.
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(signed)
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Mayor
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Persons serving as temporary officers under the authority of
this section shall have only those powers of the office essential
to the performance of the duties of the office during the period of
this temporary appointment. No temporary appointment shall be for
more than 90 days, and not more than one 30-day extension of a temporary
appointment may be made when a permanent vacancy exists in the office.
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(a)
Communications to the Town Council — Within 12 weeks after
the start of each fiscal year the mayor shall submit to the town council
and make available for public distribution a complete report on the
financial and administrative activities of the town for the preceding
fiscal year. The mayor shall, from time to time throughout the year,
by written communications, recommend to the town council for its consideration
such measures as, in the judgment of the mayor, the needs of the town
require. The mayor shall, from time to time throughout the year by
written communications, keep the town council fully informed of the
financial and administrative condition of the town and shall specifically
indicate in these reports any fiscal, financial or administrative
problems of the town.
(b)
Special meetings of the Town Council — The mayor may at any
time call a special meeting of the town council, for any purpose,
by causing a notice of the meeting to be delivered in hand or to the
place of business or residence of each member of the town council.
This notice shall, except in an emergency of which the mayor shall
be the sole judge, be delivered at least 48 weekday hours in advance
of the time set and shall specify the purpose or purposes for which
the meeting is to be held. A copy of each such notice shall immediately
be posted on the town bulletin board.
Every order, ordinance, resolution or vote adopted or passed
by the town council relative to the affairs of the town, except memorial
resolutions, the selection of town officers by the town council and
any matters relating to the internal affairs of the town council,
shall be presented to the mayor for approval. If the mayor approves
of the measure, the mayor shall sign it; if the mayor disapproves
of the measure the mayor shall return the measure, with the specific
reason or reasons for such disapproval attached to it, in writing,
to the town council. The town council shall enter the objections of
the mayor on its records, and, not sooner than 10 days, nor later
than 30 days after the date of its return to the town council, shall
again consider the same measure. If the town council, notwithstanding
the disapproval by the mayor, shall again pass the order, ordinance,
resolution or vote by a two-thirds vote of the full council, it shall
then be considered in force, notwithstanding the failure of the mayor
to approve it. If the mayor has neither signed a measure nor returned
it to the town council within 10 days after the date it was presented
to the mayor, the measure shall be considered approved and in force.
(a)
Acting Mayor — Whenever, by reason of sickness, absence from
the town or other cause, the mayor, shall by his own decision, or
by unanimous vote of the town council, be unable to perform the duties
of the office for a period of more than 10 successive days, the president
of the town council shall be the acting mayor. In the event of the
absence or disability of the president of the town council, the vice
president of the town council shall serve as acting mayor. In the
event of the absence or disability of the vice president of the town
council, the town council shall elect an acting mayor from its ranks.
The mayor shall, by a letter filed with the town council and
a copy filed with the town clerk, designate a qualified town officer
or town employee to serve as acting mayor during the temporary absence
of the mayor for periods of 10 successive days or less and to serve
only when the needs of the town require and only to the extent necessary
under the then circumstances.
(b)
Powers of Acting Mayor — The acting mayor shall have only those
powers of the mayor that are essential to the conduct of the business
of the town in an orderly and efficient manner and on which action
may not be delayed. The acting mayor shall have no authority to make
any permanent appointment or removal from town service unless the
disability of the mayor shall extend beyond 60 days nor shall an acting
mayor approve or disapprove of any measure adopted by the town council
unless the time within which the mayor must act would expire before
the return of the mayor. During any period in which any member of
the town council is serving as acting mayor, that councilor shall
not vote as a member of the town council.
The mayor may authorize any subordinate officer or employee
of the town to exercise any power or perform any function or any duty
which is assigned by this charter, or otherwise, to the mayor, and
the mayor may rescind or revoke any authorizations previously made,
but all acts performed under any delegation of authority during this
period of authorization shall be and remain the acts of the mayor.
Nothing in this section shall be construed to authorize a mayor to
delegate the power of appointment to town office or employment or
to sign or return measures approved by the town council.
(a)
Special election — If a vacancy in the office of mayor occurs during the first 3 years of the term for which the mayor is elected, whether by reason of death, resignation, removal from office, incapacity, or otherwise, the town council shall immediately, in the manner provided in section 7-1, order a special election to be held not less than 95 nor more than 100 days after the date the vacancy is created, to fill that vacancy for the balance of the then unexpired term. If a regular town election is to be held within 120 days after the date the vacancy is created, a special election need not be held and the position shall be filled by vote at the regular town election.
(b)
Council election — If a vacancy in the office of mayor occurs in the fourth year of the term for which the mayor is elected, whether by reason of death, resignation, removal from office, or otherwise, the president of the town council shall become the mayor. Upon the qualification of the president of the town council as the mayor, under this section, a vacancy shall exist in that council seat on the town council and shall be filled in the manner provided in section 2-11. A council president serving as mayor under this subsection shall not be subject to the restrictions contained in the third sentence of section 3-1(a), nor shall such person be entitled to have the words "candidate for re-election" printed against their name on the election ballot.
(c)
Powers, term of office — The mayor elected under Section 3-10(a) or (b) shall have all the powers of the mayor. A person elected under subsection (a), above, shall serve for the balance of the term unexpired at the time of election to the office. A person chosen under subsection (b), above, shall serve until the time of the next regular town election at which time the person elected to fill the office for the ensuing term of office shall serve, in addition, for the balance of the then unexpired term.
