[Amended 10-21-2019 FTM by Art. 3]
The organization of the Town into operating agencies for the
provision of services and the administration of the government may
be accomplished through either of the methods provided in this article.
(a)
Bylaws. Subject only to express prohibitions in a general law or
the provisions of this Charter, the Town meeting may, by bylaw, reorganize,
consolidate, create, merge, divide or abolish any Town agency, in
whole or in part; establish such new Town agencies as it deems necessary
or advisable, determine the manner of selection, the term of office
and prescribe the functions of all such entities; provided, however,
that no function assigned by this Charter to a particular Town agency
may be discontinued, or assigned to any other Town agency, unless
this Charter specifically so provides.
(b) An organization or reorganization plan shall become effective
at the expiration of 30 days following the date of final adjournment
of the Town Meeting at which any such proposal has been approved by
a majority vote of the Town Meeting. The Town Meeting may vote only
to approve or to disapprove an organization or reorganization plan
submitted under this paragraph and may not vote to amend or to alter
it.
Administrative changes. The Town Manager, after consultation with
the Select Board, may from time to time prepare and submit to the
Town Meeting plans of organization or reorganization which establish
operating divisions for the orderly, efficient or convenient conduct
of the business of the Town.
Whenever the Town Manager prepares such a plan, the Select Board
shall hold one or more public hearings on the proposal giving notice
by publication in a local newspaper, which notice shall describe the
scope of the proposal and the time and place at which the hearing
will be held, not later than 14 days following said publication. Following
such public hearing, the proposal, which may have been amended subsequent
to the public hearing, shall be submitted to the Town Meeting by an
appropriate warrant article.
All appointments and promotions of Town officers and employees
shall be made on the basis of merit and fitness demonstrated by examination,
or by other evidence of competence and suitability.
[Added 6-7-2022 ATM by Art. 15]
(a)
There
shall be a Department of Public Works that shall have all the powers
and duties now or from time to time vested by general law or special
act in the following boards, departments and offices: road commissioners,
surveyors of highways, superintendent of streets, water commissioners,
sewer commissioners and such offices shall thereby be abolished.
(b)
The Department of Public Works shall be under the supervision of a Director, appointed by the Town Manager in accord with Section 4-2(b) and (c), which Director shall provide policy direction and supervision for the department as a whole and for each division superintendent position as may be created from time to time following a public hearing; provided, however, that prior to any changes made to water and sewer rates shall first be the subject of a public hearing for which the Director shall provide notice by posting on the Town website and in any other location deemed appropriate by the Town Manager, and, further, be approved by the Water and Sewer Commission; there shall at a minimum be a Highway Division under the supervision and day to day direction of the Highway Superintendent, and a Water and Sewer Division under the day to day supervision and direction of the Water and Sewer Superintendent.
(c)
The Department of Public Works may assume responsibility for similar matters for other departments as may be agreed to from time to time by the Public Works Director, Town Manager and relevant Department head, including but not limited to: responsibility for building and grounds maintenance generally or for particular departments, as well as for the duties and functions of the cemetery commissioners, tree warden, forestry department, or other Town Departments, provided, however, that any such agreement shall be summarized in a memorandum of agreement between the parties concerning the responsibilities and obligations of the Department of Public Works and such other department, such agreement shall be placed on file and be subject to written amendment; further, except as provided in Section 5-3(b), the inclusion of additional functions in the Department of Public Works shall not undermine or diminish the statutory functions of such boards, committees or officers under state law, special act or this Charter.
