[HISTORY: Change of Government from Board of Selectmen to
Town Manager adopted at Annual Town Meeting on 12-16-2008, effective
as of Special Town Election on 9-15-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Town Manager — See Charter Art. 3.
A.
Appointment, term of office. The Town council, by the affirmative
vote of at least two-thirds (2/3) of the members, shall appoint a
Town manager to serve for a term of office of up to five (5) years.
B.
Qualifications. The Town manager shall be a person of proven administrative
ability, specially qualified by education and training with at least
five (5) years full-time paid experience as a city or town manager,
or an assistant city or town manager or the equivalent public or private
sector level experience. The Town council may, from time to time,
establish such additional qualifications as seems necessary and appropriate.
The Town manager shall devote his full time to the office and shall
not hold any other public office, elected or appointed, nor shall
he engage in any other business, occupation or profession during his
term unless such action is approved, in advance, by the Town council.
The Town council may, by ordinance, establish other qualifications
for the office of Town manager.
The Town Manager shall be the Chief Administrative Officer of
the Town and shall be responsible to the Town Council for the proper
administration of all Town affairs placed under his charge under the
charter. The powers and duties of the Town Manager shall include,
but are not intended to be limited to, the following:
A.
He shall supervise, direct and be responsible for the efficient administration
of all Town activities placed under his control by the charter, by
ordinance, or otherwise, including all officers appointed by him and
their respective agencies.
B.
He shall be responsible for the coordination of the activities of
all agencies under his control with the activities of all other Town
agencies, including those elected by the voters of Randolph and those
appointed by other elected officials.
C.
Except as otherwise provided by this charter and subject to the civil
service law and any collective bargaining agreements as may be applicable,
the Town Manager shall appoint, based upon merit and fitness alone,
all department heads, officers, subordinates, employees and all appointed
multiple member bodies for whom no other method of selection is provided
in this charter except employees of the school department. Appointments
made by the Town Manager shall become effective upon the approval
of the council; provided, however, that such approval is received
within fifteen (15) days of filing such notice of appointment. If
the Town Council shall fail to act, appointments made by the Town
Manager shall become effective on the fifteenth (15th) day following
the day on which notice of the proposed appointment is filed with
the Town Council. For the purpose of this section, notice of appointment
shall be considered filed with the Town Council when such notice is
filed at an open meeting of the Town Council. Department heads shall
appoint all officers, subordinates and employees within their department
subject to the approval of the Town Manager.
D.
He shall administer all personnel policies, practices, or rules and
regulations, any compensation plan and any related matters for all
municipal employees and administer all collective bargaining agreements,
except for school department agreements, entered into by the Town.
He shall be responsible for the negotiation of all union and non-union
contracts with Town employees over wages and other terms and conditions
of employment, except employees of the school department. The Town
Manager may, subject to the approval of the Town Council, employ Special
Counsel to assist in the performance of these duties. Contracts shall
be subject to the approval of the Town Council.
E.
He shall be responsible for making sure that all of the provisions
of the laws of the Commonwealth, the Town Charter, Town ordinances
and other votes of the Town Council which require enforcement by him,
or by officers or employees subject to his supervision, are faithfully
carried out and enforced.
G.
He shall be responsible for making sure that a full and complete
record of the financial and administrative activities of the Town
is kept and shall render a complete report to the Town Council at
the end of each fiscal year and at such times as the Town Council
may reasonably require.
H.
He shall execute contracts, subject to such prior Town Council approval
as may be prescribed by ordinance.
I.
He shall have full jurisdiction over the rental and use of all Town
facilities, except school or library buildings and grounds and properties
under the jurisdiction of the Conservation Commission pursuant to
Section 8C of Chapter 40 of the General Laws.
J.
He shall be responsible for the maintenance and repair of all Town-owned
property, including school or library buildings and grounds but not
including vacant land under the jurisdiction of the Conservation Commission
pursuant to said Section 8C of said Chapter 40, if a Town ordinance
authorizing a central Town maintenance department is created.
K.
He may at any time inquire into the conduct of office of any officer,
employee or department under his supervision.
L.
He shall be responsible for ensuring that a full and complete inventory
of all property owned by the Town, both real and personal, is kept.
M.
He shall keep the Town Council fully advised as to the financial
condition of the Town and of the administration of the Town's
affairs by filing written reports with the Town Council not less than
quarterly throughout the year.
N.
He shall, from time to time, as in his judgment the needs of the
Town require, make such recommendations to the Town Council for action
to be taken by it as he may deem to be necessary or desirable.
O.
He may authorize any subordinate officer or employee to exercise
any power or perform any function which he is authorized to exercise
or perform; provided, however, that all acts performed under any such
delegation shall be deemed to be acts of the Town Manager.
P.
He shall determine the existence of a public emergency or danger
and shall assume responsibility for the maintenance of public safety,
public order and enforcement of the laws of the Commonwealth. The
Manager shall notify the Council President as soon as practical, but
within twenty-four (24) hours, of such a public emergency or danger
and of the actions taken. Should the public emergency continue more
than twenty-four (24) hours, the Town Council may meet to review,
ratify or terminate such public emergency.
Q.
He shall execute all deeds conveying Town real property; provided;
however, that any such conveyance shall have been previously authorized
by the vote of the Town Council pursuant to the applicable provisions
of the laws of the Commonwealth.
R.
He shall publish an annual report comprised of the complete statistical
record of the operations of every Town department, commission and
committee for the preceding year and such report shall be published
annually and made available for distribution to the public not later
than four (4) months after the end of the period on which the report
is based.
S.
He shall perform such other functions as may, from time to time,
be assigned to the office of Town Manager by ordinance or other vote
of the Town Council, or otherwise.
[1]
Editor's Note: Section derived from the Town Charter,
signed by Lt. Governor on 3-9-2009 and approved on 4-7-2009.
The Town Manager shall receive compensation as may be established
by the Town Council, from time to time, for the office of Town Manager.
The person serving as Town Manager shall cease to be Town Manager
upon expiration of his contract or term of office. Earlier in time
than the expiration described in the preceding sentence, the Town
Council, by affirmative vote of a two-thirds (2/3) majority of the
full board may vote to terminate, remove or suspend the Town Manager
from office in accordance with the following procedure. Before the
Town Manager may be removed, if he so demands, he shall be given a
written statement of the reasons alleged for his removal and shall
have a right to be heard thereon at a meeting of the Town Council
prior to the final vote on the question of his removal, but pending
and during such hearing the Town Council may suspend him from office.
The action of the Town Council in suspending or removing the Town
Manager shall be final, it being the intention of this section to
vest all authority and to fix all responsibility for such suspension
or removal in the Town Council. The Town Manager shall continue to
receive his salary until the effective date of a final vote of removal.
The Town Council may, by ordinance, establish a procedure governing
the removal from office of a Town Manager in such detail as it may
deem necessary or desirable. No contract of employment for a Town
Manager shall be inconsistent with this section.
A.
Temporary absence. The Town Manager shall, by letter filed with the
Town Council and a copy filed with the Town Clerk, designate a qualified
Town officer or administrative employee to exercise the powers and
perform the duties of his office during a temporary absence. During
the first ten (10) working days of a temporary absence of the Town
Manager, the Town Council may revoke such designation by a two-thirds
(2/3) vote and, after the expiration of ten (10) working days, by
a majority vote, whereupon it may appoint another qualified Town officer
or employee to serve as acting Town Manager until the Town Manager
shall return and resume his duties.
B.
Vacancy. Any vacancy in the office of Town Manager shall be filled
as soon as possible by the Town Council but pending such appointment,
the Town Council shall designate a qualified Town officer or administrative
employee to exercise the powers and perform the duties of the Town
Manager on an acting basis. The appointment of an acting Town Manager
shall be for a term not to exceed four (4) months; provided, however,
one (1) renewal, not to exceed a second four (4) months, may be permitted.
C.
Powers and duties. The powers of a temporary or acting Town Manager shall be limited to matters not admitting of delay; provided, however, that no temporary Town Manager acting under Subsection A shall have authority to make any permanent appointment to, or removal from, any office or position under the Town.
There shall be an annual review of the Town Manager's job
performance conducted by Town Council.
