[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]
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.
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.
