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The Town Manager shall be appointed by the Board of Selectmen
for a term not to exceed five (5) years. A committee consisting of
seven (7) members, including one (1) member of the School Committee
(selected by vote of the School Committee), one (1) member of the
Finance Committee (selected by vote of the Finance Committee) and
five (5) residents appointed by the Board of Selectmen, shall present
to the Board of Selectmen no less than three (3) candidates chosen
from the applicants after interviews by the committee.
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The Town Manager shall be the chief administrative officer of
the Town and be responsible to the Board of Selectmen for the administration
of all Town affairs placed in his/her charge by or under the charter.
The Town Manager shall be a person especially fitted by education
which shall consist of at least a bachelor's degree from an accredited
degree granting college or university, and his/her professional experience
shall include at least five (5) years of, full time, compensated service
in a managerial capacity in public or business administration. The
Town Manager shall not have served in an elected office in the Town
of Abington government for at least twenty-four (24) months prior
to his/her appointment. The Town Manager need not be a resident of
the Town or of the commonwealth but must be a United States citizen.
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The Town Manager shall devote full time to the duties of the
office and shall not hold any other elective or appointive Town office,
nor shall the Town Manager engage in any other business unless such
action shall be approved in advance in writing by the Board of Selectmen.
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The Town Manager shall execute a bond in favor of the Town for
the faithful performance of his\her duties in such sum and with such
surety as shall be fixed or approved by the Board of Selectmen, who
shall not waive the requirement of a performance bond.
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The Town Manager shall be the chief administrative officer of
the Town, shall be responsible and accountable to the Board of Selectmen
generally, and specifically for the efficient and orderly conduct
of the departments, offices and functions placed in charge of the
Town Manager by this Charter or vote of the Board of Selectmen. The
Town Manager's responsibilities shall include, but not be limited
to, the proper execution of the powers and duties that follow:
(a)
The Town Manager shall be the personnel director of the Town, responsible
for the administration of all personnel matters, including personnel
by-laws and all personnel policies and regulations that the Board
of Selectmen may adopt.
(b)
The Town Manager shall appoint and may remove, subject to the civil services law where applicable, all department heads, all officers and all subordinates and employees of the Town, except those appointments for which another method of appointment is provided in the charter, including the Library Director under Section 3-8 and employees of the Housing Authority under Section 3-11, as well as employees of the School Department, and subject to the provisions of Section 7-12 of this Charter. Appointments of department heads of elected multiple member bodies shall be made after consultation with the respective multiple member body. In the case of department heads and officers, appointments shall become effective on the fifteenth (15th) day following the day notices of the appointment is filed with the Board of Selectmen unless the said Board shall within that period by a two-thirds vote of all its members vote to reject said appointment. Within said fifteen (15) day period the Board of Selectmen may, by a two-thirds vote of all its members vote to waive its power to reject the appointment, whereupon the appointment shall become effective forthwith. All other appointments shall become effective immediately.
(c)
The Town Manager shall exercise general supervision of all Town agencies
for which the Town Manager is appointing or employing authority.
(d)
All appointments by the Town Manager shall be based upon merit and
fitness alone.
(e)
Copies of notices of appointments shall be submitted to the Board
of Selectmen and posted on the Town Bulletin Board.
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The Town Manager shall be the chief administrative officer of
the Town and shall be responsible to the Board of Selectmen for the
effective management of all Town affairs placed in the manager's
charge by this Charter, said Board of Selectmen, by bylaw, or vote
of the town meeting, and for the implementation of town policies placed
in the Town Manager's charge by said Board of Selectmen.
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The powers, duties and responsibilities of the Town Manager
shall include, but are not intended to be limited to, the following
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a)
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To supervise, direct and be responsible for the efficient administration
of all officers appointed by the Town Manager and their representative
departments, and of all functions for which the Town Manager is given
responsibility, authority or control by this charter, by bylaw, by
town meeting vote, or by vote of the Board of Selectmen;
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b)
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To administer and enforce either directly or through a person
or persons supervised by the Town Manager, in accordance with this
Charter, all provisions of the laws of the commonwealth or special
laws applicable to the Town, all bylaws, and all regulations established
by the Board of Selectmen;
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c)
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To be responsible for coordination of operational and strategic
planning for the Town;
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d)
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To attend all meetings of said Board of Selectmen, except when
excused, having the right to speak but not vote;
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e)
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To attend all sessions of the Town Meeting and answer all questions
addressed to the Town Manager which are related to the warrant articles
and to matters under the general supervision of the Town Manager;
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f)
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To keep said Board of Selectmen fully informed regarding all
departmental operations, fiscal affairs, general problems, administrative
actions, and the availability of federal and state funds and how such
funds might relate to unmet long range needs and to this end shall
submit quarterly reports to the Board of Selectmen;
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g)
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To assure the complete and full records of the financial and
administrative activity of the Town are maintained and to render reports
to the Board of Selectmen as may be required, but not less frequently
than quarterly, a full report of all Town administrative operations
during the period reported on, which report shall be made available
to the public.
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h)
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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:
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i)
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To be responsible for the rental, use, maintenance, repair and
the development of a comprehensive maintenance program for all Town
facilities, except those under the jurisdiction of the Housing Authority,
School Committee, Sewer Commission or Water Commission, unless requested
by those agencies;
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j)
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To be responsible for purchasing for all functions and departments,
pursuant to chapter 30B of the General Laws, and all other applicable
statutes, procedures and bylaws. Said Town Manager shall at the request
of the School Committee, delegate such duties for school department
purchasing to an employee of the School Committee as per the requirements
of said chapter 30B;
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k)
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To administer the Town's personnel system, personnel evaluation
policies and practices, enforcement of labor contracts, labor relations,
collective bargaining and state and federal equal employment opportunities
law compliance function of the Town, except for School Department
agreements, entered into by the Town;
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l)
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To annually fix compensation of all Town employees and officers
appointed by the Town Manager within limits established by appropriation
and any applicable compensation plan and collective bargaining agreements,
and or Town Meeting; provided further however that any interim revision
to same shall require approval of the Board of Selectmen.
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m)
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To have the authority to sign payroll and accounts payable warrants
concerning the everyday operations of the Town;
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n)
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To be responsible for the negotiation of all contracts with
Town employees over wage, and other terms and conditions of employment,
except employees of the school department. The Town Manager may, subject
to the approval of the Board of Selectmen, employ special counsel
to assist in the performance of these duties. Any such contracts shall
be subject to approval of the Board of Selectmen.
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o)
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To prepare and submit annual operating budgets and capital improvement
programs as provided in Section VI of this charter;
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p)
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To keep the Board of Selectmen and Finance Committee fully informed
as to the financial condition of the Town and to make recommendations
to the Board of Selectmen as the Town Manager deems necessary;
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q)
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To coordinate the activities of all Town agencies serving under
the office of Town Manager and the office of the Board of Selectmen
with those under the control of other officers and municipal member
bodies elected directly by the voters. For the purposes of effecting
coordination and cooperation among all agencies of the Town, the Town
Manager shall have the authority to require persons so elected, or
their representatives, to meet with the Town Manager, at reasonable
times, to submit such reports of their doings and summaries of action
taken as may be deemed to be necessary or desirable for the purposes
of such coordination.
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r)
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To investigate or inquire into the affairs of any Town department
or office;
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s)
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To prosecute, defend or compromise all litigation to which the
Town is a party, upon request and with approval of said Board of Selectmen
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t)
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To delegate, authorize or direct any subordinate or employee
of the Town to exercise any power, duty, or responsibility which the
office of Town Manager is authorized to excise, provided, that all
acts that are performed under such delegation shall be deemed to be
the acts of the Town Manager;
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u)
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To perform such other duties as necessary as may be assigned
by this Charter, bylaw, by Town Meeting vote, or by vote of the Board
of Selectmen.
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The Town Manager shall be the chief financial officer of the
Town, and be responsible for the design and preparation of the annual
budget, filing grant applications, and controlling budget expenditures,
including approval of the warrant and for the payment of funds prepared
by the Town Accountant in accordance with the provisions of section
56 of chapter 41 of the General Laws. Provided, further, however,
that the Board of Selectmen shall alone approve all warrants prepared
and signed by the Town Accountant in the event of the absence of the
Town Manager or a vacancy in the office of Town Manager.
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The Town Manager may designate by letter with the Board of Selectmen
and Town Clerk a qualified officer of the Town to perform the duties
of the Town Manager during a temporary absence or disability. If such
temporary absence or disability shall exceed thirty days, any designation
made by the Town Manager shall be subject to the approval of the Board
of Selectmen. In the event of the failure of the Town Manager to make
such designation, or if the person so designated is for any reason
unable to serve, the Board of Selectmen may designate some other qualified
person to perform the duties of Town Manager until the Town Manager
shall return.
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The powers of a temporary Town Manager appointed under this
section shall be limited to matters not admitting of delay and shall
include authority to make necessary temporary, emergency appointments
or designations to Town office or employment but not to make permanent
appointments or designations.
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Pending such appointment, the Board of Selectmen shall appoint
a qualified Town administrative officer or employee, or other individual,
to perform the duties of the office on an acting basis. Such temporary
appointment shall not exceed six months but one renewal may be voted
by the Board of Selectmen not to exceed a second six months. Compensation
for such person shall be set by the Board of Selectmen but shall not
exceed the compensation paid to the most recent incumbent of the office
of Town Manager.
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The powers of an acting Town Manager appointed under this section
shall be limited to matters not admitting of delay and shall include
authority to make temporary, emergency appointments or designations
to Town office or employment but not to make permanent appointments
or designations unless specifically so authorized by the Board of
Selectmen.
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The Board of Selectmen by the affirmative votes of at least
three members may terminate, remove or suspend the Town Manager from
office; provided, however, that further conditions applicable to termination,
removal and suspension may be addressed by the terms of any contract
between the Board of Selectmen and the Town Manager.
