Town of Cohasset, MA
Norfolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted as Art. IV of the 1988 General Bylaws]
[Amended 4-28-2014]
A. 
The appointment, duties and powers, compensation, removal and other matters relating to the Town Manager shall be set forth in the Town Manager Act, as the same may be amended from time to time.
B. 
The Board of Selectmen may reappoint an incumbent Town Manager without a search committee.
C. 
Prior to initiating a search, the Selectmen should assess the operations of Town government to identify in writing the skills and abilities that the applicant for Town Manager should possess.
D. 
The candidates for the Town Manager position shall be persons of demonstrated ability with administrative experience in public management or business administration who are qualified by reasons of education and experience. In addition to the foregoing, pursuant to Section 4(a) of the Town Manager Act, the candidates shall also have professional integrity, strong interpersonal skills, and financial acumen. The candidates shall also have demonstrated management experience in public and/or non-public entities. Additional desired attributes are knowledge of Massachusetts' municipal law, and experience in collective bargaining, procurement and human resource management.
E. 
The Board of Selectmen shall create a search committee to assist in the selection of candidates for the position of Town Manager. The Selectmen shall solicit Town residents for the committee and may choose to employ professional consultants to work in tandem or independently in the same function. The committee shall have an odd number of members and shall be composed of a minimum of seven but no more than nine individuals. The Selectmen may seek funding, if necessary, for professional services and associated expenses in connection with the search.
F. 
The search committee will interview and vet candidates in accordance with the profile required by the Town Manager Act and as described in Subsections C and D above. The search committee will present the Selectmen with more than one candidate, but no more than five. The Selectmen may accept or reject the presented candidates. In the event of rejection, the search process may be repeated until a successful candidate is accepted, or the Board of Selectmen may terminate the search committee.
G. 
The Board of Selectmen shall establish written annual goals and expectations for the Town Manager, including specific management objectives and performance indicators, which may be amended by the Selectmen from time to time. The Selectmen shall establish procedures for providing feedback and guidance to the Town Manager on a regular basis. The Selectmen shall review the performance of the Town Manager prior to completion of the first six months of employment and thereafter not less than once per year.
A. 
The Town Counsel shall be appointed annually by the Board of Selectmen. He shall be a member of the Massachusetts Bar. On the recommendation of the Town Counsel, the Board of Selectmen may appoint one or more assistant Town Counsels, who shall serve at the pleasure of the Town Counsel. Any of the duties of Town Counsel may be performed by an assistant at the direction of Town Counsel.
B. 
The Town Counsel shall be compensated as determined by the Board of Selectmen.
C. 
Upon request of the Board of Selectmen, the Town Counsel shall prepare or approve all contracts, deeds, bonds, and other legal instruments relating to the Town, and shall give legal advice and furnish written opinions when so requested by the Board of Selectmen to any Town officer, board, or committee regarding any substantial legal question or matter relating to the duties of that officer, board or committee, other than the School Committee, and shall at the expense of or in behalf of the Town employ any other counsel; provided, however, that the Selectmen may employ any qualified counsel to conduct labor negotiations for the Town.
D. 
The Town Counsel shall, upon the request of the Board of Selectmen, supervise the investigation of any claim arising out of an injury to person or property under circumstances which may give rise to a claim for damages against the Town and shall advise the Selectmen as to the steps he deems necessary or proper to protect and defend the Town against such claims.
E. 
The Town Counsel shall prosecute or defend all cases pending in any federal or state court to which the Town is a party.
F. 
The Town Counsel shall serve ex officio as a member of the Bylaw Committee.
A. 
The Town Accountant shall be appointed by the Town Manager under the provisions of MGL c. 41, § 55, and shall, in addition to the duties and responsibilities outlined in this section, perform such tasks as may be required by the Board of Selectmen. The Chairman of the Advisory Committee will participate in the selection of the Town Accountant.
[Amended 6-2-1998]
B. 
The Town Accountant shall be compensated as determined by the Town Manager and approved by Town Meeting.
[Amended 6-2-1998]
C. 
The Town Accountant shall examine all bills, drafts, orders, and payrolls of the Town and if found correct and approved as required by MGL c. 41, § 56, shall draw a warrant upon the treasury for their payment.
D. 
The Town Accountant shall keep a complete set of books in which shall be entered the amount of each specific appropriation, the amounts and purposes of expenditures made therefrom, the receipts from each source of income, the amount of each assessment levied, and the abatements made.
E. 
The Town Accountant shall at regular intervals and at least as often as once each month send to the Selectmen, the Advisory Committee, and to each board, committee, head of department or officer having the authority for disbursement of an appropriation, a statement of the amount of orders approved and warrant drawn on behalf of said board, department, or officer during the preceding month, and a statement of the balance of such appropriation remaining subject to draft. The monthly statement shall report actual as well as projected revenue.
F. 
The Town Accountant shall immediately upon the close of each calendar year compile statements in tabulated form showing the amounts appropriated and the amounts expended from each appropriation during the preceding fiscal year, the amounts appropriated for the current fiscal year and the amounts expended from such appropriation during the first six months of such year, the amount estimated to be expended from such appropriations during the second six months of such year, and the estimates for the next ensuing fiscal year, and shall forthwith furnish a copy thereof to the Selectmen and the Advisory Committee, or to such committee as the Town may appoint to consider and report on proposed appropriations.
G. 
The Town Accountant shall make an annual report to be published as a Town document giving a statement of all receipts and expenditures of the Town for the past fiscal year, including those of funds managed by trustees or commissioners for the Town and showing also the amount of each specific appropriation, the expenditures therefrom and the purpose for which money has been spent. Such report shall contain a statement of any change in the amount of the Town debt during the years and a list of indebtedness incurred and unpaid at the end of the fiscal year.
H. 
The Town Accountant shall annually furnish the Board of Assessors with all financial data required to compute the tax rate as soon as necessary figures are available.
I. 
The Town Accountant shall meet as necessary with the Advisory Committee and report to it on matters pertaining to the Annual Town Budget.
A. 
The Town Manager shall appoint upon merit and fitness alone, and may remove, the Police Chief subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act.
[Amended 6-2-1998; 4-28-2014]
B. 
He shall be compensated as determined by the Town Manager.
[Amended 7-27-1990; 6-2-1998]
C. 
The Police Chief shall have such other powers and duties as are assigned to him by law, including, without limitation, the following:
(1) 
The charge of all police officers, both regular and auxiliary, and the responsibility for assigning them to their respective duties;
(2) 
The control of all Town property used by the Police Department; and
(3) 
The right to enter into mutual aid agreements with such neighboring towns as the Town Manager may authorize.
[Amended 6-2-1998]
A. 
The Town Manager shall appoint upon merit and fitness alone, and may remove, the Fire Chief subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act.
[Amended 6-2-1998; 4-28-2014]
B. 
He shall be compensated as determined by the Town Manager.
[Amended 7-27-1990; 6-2-1998]
C. 
The Fire Chief shall make rules and regulations for the operation of the Fire Department, shall be responsible for its efficiency and discipline, and shall have control of all Town property used by the Fire Department. The Fire Chief shall be the chief administrator of the Fire Department.
D. 
The Fire Chief shall be responsible for assigning the members of his force, including call men, to their respective duties.
E. 
The Fire Chief shall have absolute control at fires and alarms of fires in the Town and shall direct such measures as are necessary for the protection of life and property and for the control and extinguishment of fires.
F. 
The Fire Chief shall administer the Town's Ambulance Service and shall ensure that there is adequate staff, properly qualified, to service the Town's ambulance at all times.
G. 
The Fire Chief shall have the following duties:
(1) 
To purchase, subject to approval of the Town Manager, all proper apparatus used by the Fire Department and shall maintain it in good order;
[Amended 6-2-1998]
(2) 
To act as a Forest Warden of the Town and have such duties and responsibilities as are provided by MGL c. 48, §§ 8 through 28C;
(3) 
To issue such permits as are permitted by law for outdoor burning;
(4) 
To enter into mutual aid agreement with such neighboring towns as the Town Manager may authorize;
[Amended 6-2-1998]
(5) 
To perform such regular inspections of nursing homes and schools as are required by the Massachusetts State Building Code; and
(6) 
To fulfill such other powers and duties as are assigned to him by law or delegated to him by the Town Manager.
[Amended 6-2-1998]
A. 
The Building Inspector shall be appointed by the Town Manager for a term of three years.
[Amended 7-27-1990; 6-2-1998]
B. 
He shall be compensated as provided in Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
The Building Inspector shall not be engaged in, or directly connected with, the furnishing of labor, materials, or appliances for the construction, alteration, or maintenance of a building within the Town of Cohasset, or the preparation of plans or specifications therefor, except for a building of which he is the owner.
D. 
The Building Inspector shall issue all necessary notices or orders to remove illegal or unsafe conditions, and shall ensure compliance with all requirements of the Massachusetts State Building Code for the safety, health, and general welfare of the public.
E. 
The Building Inspector shall receive applications and issue permits for the construction, reconstruction, alteration, repair, demolition, and removal of structures, and for the installation of equipment. He shall inspect the premises for which such permits have been issued and enforce compliance with the Massachusetts State Building Code.
F. 
The Building Inspector shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, variances granted, and notices and orders issued, and all such records shall be available to the public during normal working hours.
G. 
The Building Inspector shall periodically inspect and certify schools, the Library and other buildings for public assembly, and structures for multiple residence, and all reports of such inspections shall be in writing.
H. 
The Building Inspector shall submit an annual report to the Selectmen of all permits and certificates issued, fees collected, inspections made, and notices and orders issued during the previous year; a monthly report to the Department of Housing and Community Development of building permits issued during the previous month; and a weekly report to the Board of Assessors of permits issued during the previous week.
[Amended 4-30-2018 ATM by Art. 18]
I. 
The Building Inspector shall be responsible for enforcing the provisions of Chapter 228, § 228-6, of these bylaws, concerning hazardous conditions caused by discharge of water on public highways.
J. 
The Building Inspector shall be responsible for the enforcement of the Town's Zoning Bylaw and MGL c. 40A, § 7.
[Added 8-30-1989; amended 4-30-2018 ATM by Art. 18]
A. 
The Wire Department Superintendent shall be appointed annually by the Town Manager. He shall be a licensed electrician.
[Amended 6-2-1998]
B. 
He shall be compensated as provided in Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
The Wire Department Superintendent shall inspect and approve all wiring done in the Town by electrical contractors; test periodically all fire alarm boxes and maintain the Town fire alarm system; inspect, maintain, replace, and install as needed all traffic signals; and make repairs and additions to the electrical systems of all Town-owned buildings and properties.
A. 
The Plumbing Inspector shall be appointed annually by the Town Manager. He shall be a licensed plumber.
[Amended 6-2-1998]
B. 
He shall be compensated for each inspection according to rates established by the Board of Selectmen.
C. 
He shall inspect and approve all new plumbing installations and alterations of existing plumbing facilities.
A. 
The Inspector of Gas Piping and Gas Appliances shall be appointed annually by the Town Manager. He shall be a licensed plumber or licensed gas fitter.
[Amended 6-2-1998]
B. 
He shall be compensated for each inspection according to rates established by the Board of Selectmen.
C. 
He shall enforce rules and regulations with respect to the installation of gas appliances and gas piping.
A. 
The Harbor Master shall be appointed by the Town Manager and shall serve until his successor is appointed.
[Amended 6-2-1998]
B. 
He shall be compensated as provided in Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
The Harbor Master shall be responsible for regulation of the harbor in accordance with Chapter 121, Harbor, of these bylaws, for determining the place of anchorage for vessels, and for issuing mooring and temporary permits.
D. 
The Harbor Master shall report to the Department of Environmental Protection of the commonwealth any shipwrecks in the area under his supervision, as well as any violation of MGL c. 102, § 17, concerning the deposit of any substance which may obstruct or hinder navigation.
[Amended 4-30-2018 ATM by Art. 18]
E. 
He shall have such other powers and duties as are assigned to him under Chapters 90B and 102 of the Massachusetts General Laws.
A. 
A Constable shall be appointed by the Town Manager from among those applying, for a term not to exceed three years.
[Amended 6-2-1998]
B. 
He shall be compensated as provided in Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
The Constable shall post the warrant for each Annual and Special Town Meeting, as provided in Chapter 45, Town Meeting, of these bylaws, shall serve warrants and processes as directed by the Selectmen, and may serve such other writs and processes as are permitted to a constable under the Massachusetts General Laws.
A. 
The Sealer of Weights and Measures shall be appointed annually by the Town Manager. He shall be qualified by knowledge and experience in the testing for accuracy of scales and other measuring devices.
[Amended 6-2-1998]
B. 
He shall be compensated as provided in Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
The Sealer of Weights and Measures shall check annually, or more often if need be, all scales and other measuring devices used by commercial establishments within the Town and shall affix thereto an official seal showing the date of inspection and attesting to the accuracy of the weighing or measuring device.
D. 
Fees for sealing weighing or measuring devices are set by the Board of Selectmen.
[Amended 4-30-2018 ATM by Art. 18]
A. 
The Director of Veterans' Services shall be a veteran, appointed by the Board of Selectmen, under the provisions of MGL c. 115, § 10.
B. 
He shall be compensated as provided in Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
The Director of Veterans' Services shall assist veterans to obtain the benefits to which they are entitled.
A. 
The Director of Civil Defense and Emergency Preparedness shall be appointed by the Board of Selectmen as provided in Chapter 639 of the Acts of 1950, as amended, and shall serve until his successor is appointed.
B. 
He shall be compensated as provided in Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
In times of emergency the Director of Civil Defense and Emergency Preparedness shall be the coordinator of personnel and facilities and shall be responsible to the Board of Selectmen for establishing an operating center with a communications system.
D. 
He shall be assisted by a deputy and also by the members of the Auxiliary Police Force.
A. 
The Shellfish Constable shall be appointed by the Town Manager for a term of three years. He shall be qualified by training and experience in shellfishery management.
[Amended 6-2-1998]
B. 
He shall be compensated as provided in Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
The Shellfish Constable shall enforce all statutes, ordinances, bylaws, rules, and regulations relative to shellfish in the Town and in the performance of his duties may request any person he suspects of unlawful shellfishing or possessing shellfish unlawfully taken to display them, and may arrest without a warrant a person refusing or failing to comply with his request.
D. 
He shall have the authority granted natural resource officers for enforcement of MGL c. 130, §§ 31, 37, 41, 43, and 44.
E. 
He shall have such other duties and responsibilities as are permitted by law and authorized by the Board of Selectmen.
A. 
The Animal Control Officer shall be appointed annually by the Town Manager.
[Amended 6-2-1998]
B. 
He shall be compensated in accordance with Chapter 34, Personnel, of these bylaws, as amended from time to time.
C. 
The Animal Control Officer shall have such powers and duties as are provided and are assigned to a dog officer in MGL c. 140, §§ 136A through 175.
D. 
The Town Manager shall set the hours, duties, and other requirements of the position. These duties shall include, without limitation, enforcement of Chapter 69, Article I, Dogs, of these bylaws.
[Amended 6-2-1998]
A. 
Two or more Fence Viewers shall be appointed by the Board of Selectmen for one-year terms.
B. 
They shall be compensated for each inspection according to rates established by the Board of Selectmen.
C. 
Fence Viewers shall decide disputes concerning the building and maintenance of partition fences in accordance with provisions of MGL c. 49.
A. 
The member of the South Shore Regional School Committee shall be appointed by the Board of Selectmen for a three-year term.
B. 
The member shall represent the Town in establishing policy and determining budget requirements for the South Shore Regional Vocational High School in accordance with MGL c. 71.
[Added 5-5-1995]
A. 
The Public Works Superintendent shall be appointed by the Town Manager and shall be a person who is specially fitted by training or experience to perform the duties of the position.
[Amended 6-2-1998]
B. 
He shall be compensated as determined by the Town Manager.
[Amended 6-2-1998]
C. 
Except as otherwise provided by these bylaws, the Public Works Superintendent shall make rules and regulations for the operation of the Department of Public Works, shall be responsible for its efficiency, and shall have control of all vehicles and equipment used by the Department.
[Amended 4-30-2018 ATM by Art. 18]
D. 
The Public Works Superintendent shall be responsible for the following municipal operations and such other related responsibilities as may be assigned to him by the Town Manager from time to time:
[Amended 6-2-1998]
(1) 
Proper administration of the Town's Recycling Transfer Facility, in conformity with federal, state and municipal laws relating thereto and regulations promulgated thereunder;
[Amended 4-30-2018 ATM by Art. 18]
(2) 
Care of trees and the removal and replacement of trees on Town property;
(3) 
Care and maintenance of all public grounds, the Common, Town parks, and Town cemeteries;
(4) 
Maintenance of off-road infrastructure for other departments;
[Amended 4-30-2018 ATM by Art. 18]
(5) 
Surface and maintenance of all public ways and sidewalks, removal of obstructions therefrom, maintaining storm drainage systems and installing and maintaining road markings, highway signs and other highway devices essential to public safety;
(6) 
Reconstruction, resurfacing, repairing of necessary drainage and public ways that have been open to the public for one year, make temporary repairs as authorized by law, all as authorized by vote of the Board of Selectmen when public necessity requires.
[Added 12-11-1996]
A. 
The Treasurer-Collector shall be appointed by the Town Manager for a three-year term and shall be a person who is specially qualified by training or experience to perform the duties of the position.
[Amended 6-2-1998]
B. 
The compensation for this position shall be as determined by the Town Manager.
[Amended 6-2-1998]
C. 
The Treasurer-Collector shall have custody of all notes and bonds, as well as temporary custody of all bills, vouchers, and payrolls until paid. After payment, all bills, vouchers, and payrolls shall be placed in the custody of the Town Accountant.
D. 
The Treasurer-Collector shall act as Treasurer of the Paul Pratt Memorial Library.
E. 
The Treasurer-Collector shall administer all cemetery funds under the jurisdiction of the Town of Cohasset in conformity with Chapter 96, Cemeteries, of these bylaws.
F. 
The Treasurer-Collector may be removed from office by the Board of Selectmen during the term of office after hearing only for good cause.
G. 
The Treasurer-Collector shall enclose with the mailing of each real estate tax bill sent to residents an explanation of the breakdown of the total tax rate for the Town. This explanation shall indicate the total rate of education, public safety, and general government costs, each one including all employee benefit costs and debt costs, all of which will be determined by the Town Accountant.
[Amended 6-2-1998]
[Added 7-17-2000]
A. 
The Town Manager shall appoint upon merit and fitness alone, and may remove, the Director of Finance subject to the Selectmen's approval by a majority vote of its full membership pursuant to Section 5D of the Town Manager Act.
[Amended 5-21-2014; 5-1-2017 ATM by Art. 18]
B. 
The Director of Finance shall submit financial reports as may be required to the Board of Selectmen and the Town Manager in a form approved by the Board of Selectmen.
[Amended 5-1-2017 ATM by Art. 18]
C. 
The following departments shall report to the Director of Finance: Treasurer-Collector and Deputy Assessor.
[Amended 5-1-2017 ATM by Art. 18]
D. 
Except for the reporting requirements, there shall be no other changes in the offices of the Treasurer-Collector or Deputy Assessor.