[Amended 8-20-2020 by Ch. 167, Acts of 2020]
There shall be a town manager who shall be responsible for the
coordination and direction of all administrative and financial affairs
of the town.
The town manager shall be appointed by the select board from
names submitted to it by a town manager screening committee which
shall consist of 1 member of the select board, designated by it, 1
member of the school committee, designated by it, 1 member of the
planning board, designated by it, 1 member of the finance committee
designated by it and the town moderator, who shall serve as the chair
and call all meetings of the town manager screening committee. Whenever
the position of town manager shall be vacant, the town manager screening
committee shall be convened and shall solicit candidates, review applications,
interview and rate candidates and submit the names of qualified candidates
to the select board who shall appoint a town manager only from the
names so prepared and submitted to it.
The town manager shall be a person especially fitted by education,
training and previous experience in public administration and finance
to perform the duties of the office. The select board shall appoint
the town manager to serve for an indefinite term and shall fix the
compensation for such person, annually, within the amount appropriated
by the town. The town manager shall be appointed solely on the basis
of demonstrated executive and administrative qualifications with special
emphasis on financial matters. The select board may enter into a contract
of employment with the town manager over wages, hours, benefits and
other conditions of employment but no such contract shall be deemed
to prevent the removal of the town manager by a majority vote of the
full select board. The town manager need not be a resident of the
town or of the commonwealth. The town manager shall not have served
in an elective or appointive office in the town government for at
least 365 days prior to appointment. The town may, from time to time,
establish by by-law, such additional qualifications as seem necessary
and appropriate.
The town manager shall devote full time to the office and shall
not hold any other public office, elective or appointive, nor engage
in any other business, occupation or profession during such service,
unless such action is approved in advance and in writing by the select
board.
The select board shall provide for an annual review of the job
performance of the town manager, which shall, at least in summary
form, be a public record. Any vacancy in the office of the town manager
shall be filled as soon as possible by the town manager screening
committee and the select board. The select board shall appoint a qualified
town administrative officer or employee as a temporary town manager
to perform the duties of the office until a new town manager is appointed.
Such temporary appointment may not exceed 90 days but 1 additional
renewal may be voted by the select board not to exceed a second 90
days. Compensation for a temporary town manager shall be set by the
select board.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
The town manager shall be the chief financial officer for all
town agencies. The town manager shall be the chief administrative
officer of the town, directly responsible to the select board for
the administration of all town affairs for which the office of town
manager is given responsibility by or under this charter. The powers
and duties of the town manager shall include, but are not intended
to be limited to, the following:
(a)Â
to supervise, direct and be responsible for the efficient administration
of all functions and activities for which the office of town manager
is given authority, responsibility or control by this charter, by-law,
by town meeting vote, vote of the select board, vote of the school
committee, or otherwise;
(b)Â
to structure, supervise, direct and be responsible for the efficient
coordination of all of the fiscal and financial business of the town,
including the school department, subject to the advice of the school
committee and the select board;
(c)Â
to: (i) recommend to the select board candidates to be appointed
by the select board to the offices of the town treasurer and town
collector, who may be the same individual; (ii) appoint candidates
to be ratified by the select board to the offices of director of municipal
finance, police chief, fire chief, director of the department of public
works, council on aging director, animal control officer, building
commissioner, inspector of wires and the plumbing inspector; (iii)
appoint candidates to be ratified by the board of assessors to the
office of professional assessor; (iv) appoint candidates to be ratified
by the planning board to the office of planning director; and (v)
appoint candidates to be ratified by the board of sewer commissioners
to the office of sewer business manager; provided, however, that this
section shall apply to the appointment of any person under any other
title who will perform, as the result of any reorganization of the
administrative structure of the town, substantially similar duties
as the officers named in this section.
(d)Â
to appoint, and in appropriate circumstances to remove, subject to
the provisions of the town personnel by-law, civil service law and
any collective bargaining agreements as may be applicable, all department
heads, officers, members of boards and commissions and employees for
whom no other method of selection is provided by this charter; provided,
that such appointments shall become effective on the fifteenth day
following the day on which notice of the appointment is filed with
the select board, unless the select board shall, within that period
by a majority of all of its members, vote to reject such appointment,
or has sooner voted to ratify it; and provided, further, that copies
of the notices of all such proposed appointments shall be posted on
the town bulletin board when submitted to the select board;
(e)Â
to be, in conjunction with a personnel board established by by-law,
entrusted with the administration of a town personnel system, including,
but not limited to personnel policies and practices, rules and regulations,
including provisions for an annual employee performance review, personnel
by-law and collective bargaining agreements entered into by the town;
and to prepare and keep current a plan establishing the personnel
staffing requirements for each town agency, unless some other provision
is made by law, except the school department;
(f)Â
to attend all regular and special meetings of the select board, unless
unavailable for reasonable cause, and shall have a voice, but no vote,
in all of its proceedings;
(g)Â
to assure that full and complete records of the financial and administrative
activities of the town are kept and to render as often as may be required
by the select board, but not less than once in each year, a full report
of all town administrative and financial operations during the period
reported on, which report shall be made available to the public; and,
at the first session of the annual town meeting, to give an oral report
summarizing the financial condition of the town and recommending strategies
to be followed during said meeting to enhance the fiscal condition
of the town;
(h)Â
to keep the select board fully advised as to the needs of the town
and shall recommend to the select board and to other elected town
officers and agencies for adoption such measures requiring action
by them or by the town meeting as the town manager may deem necessary
or expedient;
(i)Â
to have full jurisdiction over the rental and use of all town facilities
and property except property under the control of the school committee
and the conservation commission; and shall be responsible for the
maintenance and repair of all town buildings and facilities placed
under his control by this charter, by-law, vote of the town or otherwise;
(j)Â
to prepare and present, in the manner provided in article 6, an annual operating budget for the town and a proposed capital outlay program for the following 5 fiscal years;
(k)Â
to assure that a full and complete inventory of all property of the
town, both real and personal, is kept, including all property under
the jurisdiction of the school committee;
(l)Â
to negotiate all contracts involving any subject within the jurisdiction
of the office of town manager, including contracts with town employees
and bargaining units subject to ratification by the select board,
except employees of the school department, involving wages, hours
and other terms and conditions of employment;
(m)Â
to be the chief procurement officer of the town, responsible for
procuring all services, supplies, material and equipment for all departments
and activities of the town in the manner provided in the General Laws
and shall have all the powers given to purchasing agents by the General
Laws; and shall examine, or cause to be examined, the quantity, quality
and condition of all supplies, material and equipment delivered to
or received by any town agency; and shall be responsible for the disposal
of all supplies, material and equipment declared surplus by any town
agency;
(n)Â
to see that all of the provisions of the General Laws, this charter,
the town by-laws and other votes of the town meeting which require
enforcement by the town manager, or officers subject to the direction
and supervision of the town manager, are faithfully executed, performed
or otherwise carried out;
(o)Â
to inquire, at any time, into the conduct of office or performance
of duties of any officer or employee, department, board, commission
or other town agency;
(p)Â
to attend all sessions of all town meetings and answer all questions
raised by voters which relate to warrant articles and to matters over
which the town manager exercises any supervision;
(q)Â
to reorganize, consolidate or abolish, in the manner provided in article 5, town agencies serving under the supervision of the town manager, in whole or in part, provide for new town agencies and provide for a reassignment of powers, duties and responsibilities among such agencies so established or existing;
(r)Â
to coordinate the activities of all town agencies serving under the
office of town manager and the office of select board with those under
the control of other officers and multiple member bodies elected directly
by the voters; provided, however, that for this purpose, the town
manager shall have authority to require the persons so elected, or
their representatives, to meet with the town manager, at reasonable
times, for the purpose of effecting coordination and cooperation among
all agencies of the town;
(s)Â
to prepare and maintain long-term financial forecasts, including
revenue expectations, future implications of operating budget program
decisions and capital budget programs related to infrastructure maintenance,
improvement and expansion; and
(t)Â
to perform any other duties as are required to be performed by the
town manager by town by-laws, the votes of the town meeting, or the
votes of the select board.
The town manager may authorize any subordinate officer or employee
to exercise any power or perform any function or duty which is assigned
to the office of town manager; provided, however, that all acts performed
under any such delegation shall at all times be deemed to be the acts
of the town manager.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
(a)Â
Temporary Absence - By letter filed with the town clerk, the town
manager shall designate a qualified town administrative officer or
employee to exercise the powers and perform the duties of town manager
during a temporary absence. During a temporary absence, the select
board may not revoke such designation until at least 10 working days
have elapsed, whereupon the select board may appoint another qualified
town administrative officer or employee to serve until the town manager
shall return.
(b)Â
Unplanned Temporary Absence - In the event of an emergency absence,
the select board may appoint a qualified town administrative officer
or employee to serve until the town manager shall return or the office
is declared vacant.
(c)Â
Vacancy - Any vacancy in the office of town manager shall be filled
as soon as possible by the select board, but, pending such regular
appointment, the select board shall appoint a qualified town administrative
officer or employee to perform the duties of the office on an acting
basis.
[Amended 8-20-2020 by Ch. 167, Acts of 2020]
The select board may, by a majority vote of the full select
board, terminate and remove, or suspend, the town manager from office
in accordance with the following procedure under this section.
(a)Â
The select board shall adopt a preliminary resolution of removal
by the affirmative vote of a majority of all its members which must
state the reason or reasons for removal. This preliminary resolution
may suspend the town manager for a period not to exceed 45 days. A
copy of the resolution shall be delivered forthwith to the town manager.
(b)Â
Within 5 days after receipt of the preliminary resolution, the town
manager may request a public hearing by filing a written request for
the hearing with the select board as well as the town clerk who shall
immediately notify the moderator. The hearing shall be held at a meeting
of the appointing authority called by the town moderator not later
than 30 days, nor earlier than 20 days after the request is filed.
The town moderator shall preside over the hearing. The town manager
may file a written statement responding to the reasons for removal
stated in the resolution of removal provided the same is received
by the town moderator not less than 48 weekday hours in advance of
the public hearing. At any such hearing, the reason for the removal
shall first be read aloud. The town manager shall then have the right
to respond, either personally or through counsel. The select board
and the town manager shall have the right to call and cross-examine
witnesses and to subpoena any town records.
(c)Â
The select board may adopt a final resolution of removal, which may
be made effective immediately, by affirmative vote of a majority of
all of its members at any time after 10 days following the date of
delivery of a copy of the preliminary resolution to the town manager,
if the town manager has not requested a public hearing, or, any time
after the public hearing if the town manager has requested one. The
town manager shall continue to receive a salary until the effective
date of a final resolution of removal. The action of the select board
in suspending or removing the town manager 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 select
board.
