4-1-1.
The town administrator shall be appointed by the board of selectmen
for a three (3) year term, shall be the chief administrative officer
of the town and be responsible to the board of selectmen for the administration
of all town affairs placed in his charge by or under the charter.
The town administrator shall be a person especially fitted by education
which shall consist of at least a bachelor’s degree from an
accredited degree-granting college or university, and his professional
experience shall include previous, full-time, compensated service
in a managerial capacity in public or business administration.
4-1-2.
The town administrator need not be a resident of the town or the
commonwealth at the time of his appointment. He must however establish
residence within the town within twelve (12) months following his
appointment. The board of selectmen may waive the residency requirement.
4-1-3.
The town administrator shall hold no elected or other appointed town
office, shall devote full time to the duties of the office and shall
engage in no other business or occupation without the advance written
authorization of the board of selectmen.
4-1-4.
The town administrator shall not have served in an elected office
in the town government for at least twelve (12) months prior to his
appointment.
4-2-1.
The town administrator shall appoint and may remove, subject to civil
service law or the “strong chief’s” law (Ch. 48,
sec. 42. 43 & 44 of the M.G.L.A.), where applicable, all department
heads, all officers and all subordinates and employees of the town
except for employees of the school committee and library trustees,
appointments made by representatives of the commonwealth, and those
appointments for which another method of appointment is provided in
M.G.L.A., in this charter, or in the town by-laws. Appointments made
by the town administrator shall be filled at a regularly scheduled
meeting of the board of selectmen and shall become effective upon
confirmation by a majority of the board of selectmen.
4-2-2.
The town administrator shall direct and supervise the administration
of all functions under his control.
4-2-3.
The town administrator shall prepare and submit the annual capital
budget and capital outlay program as provided in article 6, section
4.
4-2-4.
The town administrator shall attend all regular and special meetings
of the board of selectmen, unless excused at his own request, and
shall have a voice, but no vote, in all of its discussions.
4-2-5.
The town administrator shall attend all sessions of the town meetings
and answer all questions directed to him by the voters of the town.
4-2-6.
The town administrator shall see that all provisions of the M.G.L.A.,
of the charter, of by-laws, and of votes of the town meeting and of
the board of selectmen which require enforcement by him or officers
subject to his direction and supervision are faithfully carried out.
4-2-7.
The town administrator shall administer all provisions of general
and special laws applicable to the town, to the charter, to the by-laws
and votes of the town, and all rules and regulations made by the selectmen
which lie within the scope of the powers and duties of the office.
4-2-8.
The town administrator shall negotiate all contracts involving any
subject within the jurisdiction of the office of town administrator,
including contracts with town employees, except employees of the school
department, the director of the public library and other professional
librarians, and involving wages, hours and other terms and conditions
of employment.
4-2-9.
The town administrator shall have full jurisdiction over the rental
and use of all town facilities, except schools, library, and properties
designated by by-law or other vote of the town. He shall be responsible
for the maintenance and repair of all town property, excluding school
buildings and library, place under his control by the charter, by
by-law or otherwise.
(a)
The town administrator shall be responsible for the keeping of full
and complete records of the financial and administrative activities
of the town and shall render a full report to the board of selectmen
at the end of each fiscal year and otherwise as said board may require.
(b)
As required by M.G.L.A., Sect. 30 b. Uniform Procurement Act, the
town administrator shall be the certified procurement officer responsible
for the purchase of all supplies, materials, and equipment, except
books and other educational materials for schools and books, supplies,
materials, equipment and other media materials for the library, and
approve the award of all contracts for all town departments with the
exception of the school department and public library, subject to
the approval of the board of selectmen.
4-2-10.
The town administrator shall keep full and complete inventory of
all property of the town, both real and personal.
4-2-11.
The town administrator may at any time inquire into the conduct of
office of any officer or employee, or department under his jurisdiction.
4-2-12.
The town administrator shall perform such other duties consistent
with the office as may be required by by-law, vote of the town, or
board of selectmen.
4-3-1.
Temporary absence. By letter filed with the town clerk, the town
administrator shall designate a qualified town administrative officer
or employee to exercise the powers and perform the duties of town
administrator during a temporary absence. During a temporary absence
the board of selectmen may not revoke such designation until at least
ten (10) working days have elapsed, whereupon it may appoint another
qualified town administrative officer or employee to serve until the
town administrator shall return.
4-3-2.
Vacancy. Any vacancy in the office of the town administrator shall
be filled as soon as possible by the board of selectmen, but, pending
such regular appointment the board of selectmen shall appoint a qualified
administrative officer to perform the duties of the office on an acting
basis. Such temporary appointment may not exceed three (3) months,
but one renewal may be voted by the board of selectmen not to exceed
the second three (3) months. Compensation for such person shall be
set by the board of selectmen.
4-3-3.
Powers and duties. The powers of temporary or acting town administrator,
under sections 4-3-1 and 4-3-2 above, shall be limited to matters
which should not be delayed and shall include authority to make temporary,
emergency appointments or designations to town office or employment
but not to make permanent appointments or designations.
4-4-1.
The board of selectmen may for cause, by the affirmative vote of
four (4) of its members, terminate and remove, or suspend, the town
administrator from office in accordance with the following procedure.
(a)
The board of selectmen shall adopt a preliminary resolution of removal
by the affirmative vote of four members which must state the reason
or reasons for removal. This preliminary resolution may suspend the
town administrator for a period not to exceed forty-five (45) days.
A copy of the resolution shall be delivered to the town administrator
forthwith.
(b)
Within five (5) days after receipt of the preliminary resolution
the town administrator may request a public hearing by filing a written
request for such hearing with the board of selectmen. This hearing
shall be held at a meeting of the board of selectmen not later than
thirty (30) days after the request is filed nor earlier than twenty
(20) days. The town administrator may file a written statement responding
to the reasons stated in the resolution of removal with the board
of selectmen provided the same is received at its office more than
forty-eight (48) hours in advance of the public hearing.
(c)
The board of selectmen may adopt a final resolution of removal, which
may be made effective immediately, by the affirmative vote of four
of its members not less than ten (10) nor more than twenty-one (21)
days following the date of delivery of a copy of the preliminary resolution
to the town administrator, if the town administrator has not requested
a public hearing; or within ten (10) days following the close of the
public hearing if the town administrator has requested one. Failure
to adopt a final resolution of removal within the time periods as
provided in this section shall nullify the preliminary resolution
of removal and the town administrator shall at the expiration of said
time, forthwith resume the duties of the office.
(d)
Faced with action by the board of selectmen to terminate, remove
or suspend, the town administrator shall be afforded all of the provisions
provided municipal employees under M.G.L.A. Ch. 39, Sect. 23 b, Open
Meeting Law.
4-4-2.
The action of the board of selectmen in suspending or removing the
town administrator shall be final, it being the intention of this
provision to vest all authority and fix all responsibility for such
suspension or removal solely in the board of selectmen.
4-5-1.
The town administrator shall have the authority to appoint all technical and operational positions of the town, and other such positions as may be created by M.G.L.A., by this charter, by by-law or by vote of the town. A listing of appointments authorized at the time of this charter is provided in article 8. section 3-1, c. 3, the town administrative organization.
4-6-1.
If a conflict relating to a policy issue arises between the town
administrator and a department head, the department head may appeal
the administrator’s decision to the board of selectmen. The
board of selectmen shall act as arbitrator between the department
head and the town administrator and shall resolve the conflict regarding
policy. The board of selectmen’s decision on policy shall be
final and binding on both the town administrator and the department
head.
