[Amended ATE 5-15-2007, Question 12]
A.
The Select Board, by an affirmative vote of at least four (4) members,
shall appoint a Town Manager for an indefinite term to serve at its
pleasure.
[Amended ATE 5-19-2020, Question 3]
B.
In its search for a Town Manager, the Select Board shall advertise
in the International City Management Association (I.C.M.A.) Newsletter
or similar professional publication and in at least two (2) newspapers
having statewide or regional circulation.
[Amended ATE 5-19-2020, Question 3]
C.
No person who has held any at-large elective office in the Town of
Falmouth at any time during the preceding two (2) years shall be eligible
for the position of Town Manager.
A.
The Town Manager shall be appointed on the basis of educational,
executive and administrative qualifications and experience. The educational
qualifications shall consist of a master's degree, preferably in public
or business administration, granted by an accredited degree-granting
college or university. The professional experience shall include at
least three (3) years of prior full-time compensated executive service
in public or business administration. Alternatively, five (5) years
or more of such professional experience and a bachelor's degree in
an appropriate discipline shall qualify any applicant. Seven (7) years
or more of prior full-time compensated service in public or business
administration shall also qualify any applicant.
B.
The Town Manager need not be a resident of the Town when appointed
but shall establish a place of residence in the Town of Falmouth within
eight (8) months of the date of appointment, unless excused by vote
of the Select Board.
[Amended ATE 5-19-2020, Question 3]
C.
The Town Manager shall not be a part of the classified personnel
system of the Town.
[Amended ATE 5-19-2020, Question 3]
A.
The Town Manager shall be the chief administrative officer of the Town
and shall be responsible for administering and coordinating all employees,
activities and departments placed by General Laws, this Charter or
bylaw under the control of the Select Board and the Town Manager.
The Manager shall implement the goals and carry out the policies of
the Select Board. The Manager, pursuant to procedures set by the Select
Board [C3- 3A], shall assure that the actions of Town agencies are
evaluated for consistency with the Local Comprehensive Plan, the Strategic
Plan and the Capital Improvement Plan.
[Amended ATE 5-18-2021, Question 4
B.
The Manager shall devote full working time to the office and shall
neither become a candidate for, or hold, any elective office during
the term of appointment nor engage in any business activity during
the term, except with the written consent of the Select Board. The
Manager shall:
(1)
Attend all meetings of the Select Board, except when excused, and
shall have the right to speak but not to vote.
(2)
Assemble, prepare and present to the Select Board all annual operating
and capital budgets of the Town and be responsible for the development
and annual revision of the capital improvements plan.
(3)
Administer the budget and ensure that funds appropriated therefor
are expended in accordance with General Laws, this Charter and bylaw.
(4)
Inform the Select Board on all departmental operations, fiscal affairs,
general problems and administrative actions, and to this end shall
submit periodic reports to the Board.
(5)
Keep the Board informed on the availability of state and federal
funds and how such funds might possibly relate to short-range and
long-range needs and goals.
(6)
Solicit and prepare applications for grants.
(7)
Be responsible for the purchasing of all supplies, materials and
equipment for the Town, except those of the School Department and
the Town Library, unless so requested, respectively, by the School
Committee or the Library Trustees.
(8)
Be responsible for overseeing the enforcement of zoning, acting through
an enforcement agent.
(9)
Develop, keep and annually update a full and complete inventory of
all real and personal property of the Town, except school property.
(10)
Possess the right to attend and speak at any regular meeting of any
Town governmental body.
(11)
Negotiate collective bargaining contracts on behalf of the Select
Board, unless the Manager, with the approval of the Select Board,
shall have designated another negotiator or negotiating team. All
such contracts shall be subject to the approval of the Select Board.
(12)
Perform such other duties as assigned by Charter, bylaw, or vote
of the Representative Town Meeting or of the Board of Selectmen.
A.
Subject to the approval of the Select Board granted within ten (10)
working days, the Town Manager shall appoint on the basis of fitness
and merit alone, an Assistant Town Manager, a Town Planner, a Town
Counsel, a Finance Director, a Director of Personnel and other department
and division heads. The failure of the Select Board to act within
ten (10) working days shall constitute approval of the Town Manager’s
action. The Town Manager may suspend or remove any person so appointed
consistent with the General Laws, this Charter or the bylaws of the
Town.
[Amended ATE 5-15-2007, Question 10; ATE 5-21-2013; ATE 5-19-2020, Question
3]
B.
Any person appointed to a position enumerated in Subsection A need not be a resident of the Town when appointed but shall establish a place of residence in the Town of Falmouth within eight (8) months of the date of appointment, unless excused by vote of the Select Board.
[Amended ATE 5-19-2020, Question 3]
C.
Additionally, and except as otherwise mandated by General Laws, this
Charter, collective bargaining contract, personnel bylaw or vote of
the Town Meeting, the Town Manager shall appoint on the basis of merit
and fitness alone and may suspend or remove any appointed Town official
and full-time or part-time employee. In the case of an employee who
reports to a governmental body, any action under this clause shall
be taken only after consultation with the governmental body to whom
the person reports.
A.
The Town Manager, acting through the Director of Personnel, shall
administer and enforce collective bargaining contracts, personnel
bylaws, rules and regulations adopted by the Town.
B.
The Town Manager, acting through the Director of Personnel, shall
from time to time propose, and the Select Board may adopt, with or
without amendment, personnel regulations and rules relating to all
Town positions, except those covered by collective bargaining contracts
and those of the School Department. Such regulations shall provide
for:
[Amended ATE 5-19-2020, Question 3]
(1)
The classification of positions, based on duties, responsibilities
and authority of each position with adequate provision for reclassification
of any position whenever warranted by changed circumstances.
(2)
Salary and pay plan for all positions subject to Town Meeting vote.
(3)
Methods of determining the merit and fitness of candidates for appointment
and promotion.
(4)
Policies and procedures regulating reduction in force and removal
of employees.
(5)
Hours of work, attendance regulations, and provisions for sick, vacation,
military, and other leave.
(6)
Policies and procedures governing persons holding provisional appointments.
(7)
Policies and procedures governing relationships with employee organizations.
(8)
Policies regarding in-service training programs.
(9)
Grievance procedures, including procedures for the hearing of such
grievances.
(10)
Such other practices and procedures as may be necessary for the administration
of the personnel system.
[Amended ATE 5-21-2013]
A.
The administrative functions of Town government shall be performed
within the organizational framework of several departments, divisions
thereof and other administrative organizations as determined by the
Town Manager.
B.
The Town Manager shall determine the functions, duties and responsibilities
of departments, divisions and other administrative organizations.
C.
The Town Manager, with the approval of the Select Board, may directly
supervise any department, division and other administrative organization;
provided, however, such additional duties shall be performed without
additional compensation.
[Amended ATE 5-19-2020, Question 3]
[Amended ATE 5-19-2020, Question 3]
A.
With the approval of the Select Board,, the Town Manager may establish,
reorganize, consolidate or abolish any division, department or position
placed by this Charter or vote of the Select Board, under the Manager's
direction and supervision, except as otherwise provided by General
Law or this Charter.
B.
The creation of any additional permanent, compensated position shall
require approval by the affirmative vote of four (4) members of the
Select Board,, and such action shall not be effective until the position
has been funded by a vote of the Town Meeting.
[Amended ATE 5-19-2020, Question 3]
Warrants or vouchers for the payment of Town funds, prepared
and signed by the Town Accountant in accordance with General Law procedures,
shall be submitted to the Town Manager. The approval of the Manager
on such warrants shall be sufficient authorization for payment by
the Treasurer; provided, however, that at least three (3) Select Board
members shall approve all warrants in the Town Manager's absence or
in the event of a vacancy in the office of Town Manager.
A.
The Select Board, by the affirmative vote of at least three (3) members,
may initiate the removal of the Town Manager by adopting a resolution
to that effect, provided that no such resolution shall be adopted
within ninety (90) days following any Town election that has resulted
in a change in the incumbents on the Board. The resolution shall state
the reasons for the proposed removal and shall be adopted only at
a regular scheduled public meeting and in open session.
[Amended ATE 5-19-2020, Question 3]
B.
The adoption of said resolution shall serve to suspend the Town Manager
for not more than forty-five (45) days, during which the salary shall
continue to be paid. A copy of such resolution shall be delivered
forthwith to the Town Manager in hand, or sent by registered mail,
return receipt requested, to the Manager's place of residence.
C.
Within five (5) days following receipt of such resolution, the Town
Manager may file with the Select Board and the Town Clerk a written
request for public hearing. Upon receiving such a request, the Board
shall schedule a hearing within two (2) weeks, and it shall be held
in a public place. At least seven (7) days prior to the public hearing,
the Board shall advertise the hearing in a newspaper of local circulation
and shall cause identical notices stating the purpose, location, time
and date to be posted in at least four (4) public places in the Town.
[Amended ATE 5-19-2020, Question 3]
D.
The Moderator shall preside at any such hearing.
E.
At any such hearing, the reasons for the removal shall first be read
aloud. The Town Manager shall have the right to respond, personally
or through counsel. The Select Board and the Town Manager shall have
the power to call and cross-examine witnesses and to subpoena any
and all Town records.
[Amended ATE 5-19-2020, Question 3]
F.
Final removal of any Town Manager shall be effected by the affirmative
vote of at least three (3) members of the Select Board at a public
meeting of the Board, the time and place of which are announced, held
within seven (7) days of such hearing, if any. If no hearing has been
requested, final removal may be effected by an affirmative vote of
at least three (3) members, at a meeting of the Board held not earlier
than fourteen (14) days after the resolution is adopted initiating
the removal. The salary of the Town Manager shall be paid for a period
of sixty (60) days after the vote effecting removal from office.
[Amended ATE 5-19-2020, Question 3]
[Amended ATE 5-19-2020, Question 3]
The Town Manager shall provide the Select Board with at least
ninety (90) days' notice of an intended resignation; provided, however,
that the Board may shorten or waive such requirement.
[Amended ATE 5-19-2020, Question 3]
When a vacancy arises in the office of the Town Manager, the
Select Board shall advertise the vacancy as soon as possible. The
Board shall fill the vacancy as soon as possible, preferably within
six (6) months.
[Amended ATE 5-15-2007, Question 11; ATE 5-21-2013; ATE 5-19-2020, Question
3]
A.
The Assistant Town Manager shall perform the duties and responsibilities
of the Town Manager during any period when the Town Manager is unable
to perform the duties of the office of the Town Manager. If the Assistant
Town Manager is also absent or unable to perform, the Select Board
shall designate a competent and qualified person, preferably a Town
employee, to serve on an acting basis at the will of the board until
the Town Manager or the Assistant Town Manager returns to office.
No member of the Select Board shall serve in this capacity. The Select
Board shall make the appointment at a duly noticed open meeting and
shall file written notice thereof with the Town Clerk.
B.
The Assistant Town Manager shall perform the duties and responsibilities
of the Town Manager during any vacancy in the office of Town Manager.
If the Assistant Town Manager is unable to perform, the Select Board
shall designate a competent and qualified person to serve on an interim
basis at the will of the Board until a permanent Town Manager has
been appointed and sworn to the office. No member of the Select Board
shall serve in this capacity. The Select Board shall make the appointment
at a duly noticed open meeting and shall file written notice thereof
with the Town Clerk.
