[Amended 10-16-2017 by
ATM, Art. 27; Acts of 2020, Ch. 164, approved 8-25-2020]
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The select board shall appoint by a four-fifths
vote a town manager for an indefinite term. The town manager shall
be a person of proven administrative ability, especially qualified
by education and training with at least five 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 select board may from time to time establish such additional qualifications
as seems necessary and appropriate. The select board shall appoint
a screening committee that shall include select board members and
town residents to assist in the recruitment and selection of the town
manager.
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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
office, nor shall the town manager engage in any other business unless
such action is approved in advance in writing by the select board.
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The town manager need not be a resident of the
town or of the commonwealth at the time of appointment, but shall
establish residence within the town within twelve months following
appointment, unless the select board shall extend such time or waive
such residency requirement.
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[Amended 10-16-2006 ATM by Art. 35, ratified 4-3-2007; 10-16-2017 by ATM, Art. 28; Acts of 2020, Ch.
164, approved 8-25-2020]
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Except as otherwise provided by this charter,
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 and persons
serving under officers and multiple member bodies elected directly
by the voters of Chelmsford. The Town Manager shall appoint the constable
from a list of candidates provided to him by the Chief of Police.
The duties and responsibilities of the Constable shall be established
by the Town Manager and Chief of Police, subject to the provisions
of state law and Chelmsford By-law and/or regulation.
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Appointments made by the town manager shall
become effective upon the approval of the select board, provided,
however, that such approval is received within thirty days of filing
such notice of appointment. If the select board shall fail to act,
appointments made by the town manager shall become effective on the
thirtieth day following the day on which notice of the proposed appointment
is filed with the select board. For the purpose of this section, notice
of appointment shall be considered filed with the select board when
such notice is filed at an open meeting of the select board.
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Department heads shall appoint all officers,
subordinates and employees within their department subject to the
approval of the town manager.
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The Town Manager shall also appoint all multiple
member administrative advisory committees and may appoint ad hoc committees.
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[Amended 10-16-2006 ATM
by Art. 36, ratified 4-3-2007;
by Acts of 2018, Ch. 76, approved 4-12-2018; Acts of 2020, Ch. 164, approved 8-25-2020]
The town manager shall be the chief administrative officer of
the town and shall be responsible to the select board for the proper
operation of town affairs for which the town manager is given responsibility
under this charter. The powers, duties and responsibilities of the
town manager shall include, but are not limited to, the following:
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Supervisory
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(a)
to supervise, direct and be responsible for the efficient administration
of all officers appointed by the town manager and their respective
departments and of all functions for which the town manager is given
responsibility, authority or control by this charter, by by-law, by
town meeting vote, or by vote of the select board.
(b)
to coordinate all activities of town departments under the direction
of the town manager and select board with the activities of departments
under the control of officers, boards or commissions elected directly
by the voters of the town.
(c)
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 exercise; provided, that all acts
that are performed under such delegation shall be considered the acts
of the town manager.
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Administrative Powers
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(d)
to administer, either directly or through a person or persons supervised
by the town manager, in accordance with this charter, all provisions
of general or special laws applicable to the town, all by-laws, and
all policies established by the select board.
(e)
to administer, in cooperation with the personnel board, if any, 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.
(f)
to be responsible for the negotiation of all 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 select board, employ special counsel to assist
in the performance of these duties. Contracts shall be subject to
the approval of the select board.
(g)
to develop and maintain a full and complete inventory of all town
owned real and personal property.
(h)
to fix the compensation of all town employees and officers appointed
by the town manager within the limits established by appropriation
and any applicable compensation plan.
(i)
to prepare and submit an annual operating budget and capital improvement
program as provided in Part VI.
(j)
to investigate or inquire into the affairs of any town departments
or office under the supervision of the town manager or the job-related
conduct of any officer or employee thereof.
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Administrative Duties
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(k)
to attend all regular and special meetings of the select board, unless
excused by the select board.
(l)
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 matters under the general supervision of the town manager.
(m)
to keep the select board fully informed as to the needs of the town,
and recommend to the select board for adoption such measures requiring
action by them or by the town as the town manager deems necessary
or expedient.
(n)
to keep the select board and the finance committee fully informed
as to the financial condition of the town and make recommendations
to the select board and other elected and appointed officials as the
town manager deems necessary or expedient.
(o)
to insure that complete and full records of the financial and administrative
activity of the town are maintained and render reports to the select
board as may be required.
(p)
to be responsible for the maintenance and repair of all town facilities,
except for the custodial services in the school facilities. The town
manager shall be responsible for the rental of all town facilities.
(q)
to be responsible for the purchase of all supplies, materials and
equipment, except for books and other educational materials for schools
and books and other media materials for libraries, and approve the
award of all contracts for all town departments, with the exception
of the school department, subject to the approval of the select board.
(r)
to perform such other duties as necessary or as assigned by this
charter, by by-law, by town meeting vote or by vote of the select
board.
[Amended by Acts of 2020, Ch. 164, approved 8-25-2020]
The town manager shall receive such compensation
for services as the select board shall determine, but such compensation
shall be within the limits of available appropriations.
[Amended 10-16-2006 ATM by Art. 37, ratified 4-3-2007; 10-16-2017 by ATM, Art. 29; by Acts of 2018, Ch.
76, approved 4-12-2018; Acts of
2020, Ch. 164, approved 8-25-2020]
The town manager shall provide annually to the select board
a list of qualified officers of the town and may designate by letter
filed with the select board and town clerk a qualified officer of
the town from the list to perform the duties of the town manager during
a temporary absence or disability. If such temporary absence or disability
shall exceed 14 days, any designation made by the town manager shall
be subject to the approval of the select board. In the event of failure
of the town manager to make such designation or if the person so designated
is for any reason unable to serve, or is deemed not qualified by the
select board, the select board may designate some other qualified
person from the list to perform the duties of the town manager until
the town manager shall return.
[Amended 10-16-2006 ATM by Art. 38, ratified 4-3-2007; by Acts of
2018, Ch. 76, approved 4-12-2018; Acts of 2020, Ch. 164, approved 8-25-2020]
Any vacancy in the office of town manager shall be filled as
soon as possible by the select board. Pending appointment of the town
manager or the filling of any vacancy, the select board shall forthwith
appoint some other qualified person to perform the duties of the town
manager. The appointment of the acting town manager shall be for a
term not to exceed 6 months, provided, however, that a renewal not
to exceed an additional 6 months may be approved.
[Amended by Acts of 2020, Ch. 164, approved 8-25-2020]
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The select board by affirmative vote of a majority
of the full board may vote to terminate, remove or suspend the town
manager from office in accordance with the following procedure:
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Prior to removal or termination, the select
board shall adopt a preliminary resolution of removal by the affirmative
vote of a majority of the full board. The preliminary resolution may
suspend the town manager for a period not to exceed thirty days. A
copy of the resolution shall be delivered to the town manager forthwith.
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If so requested by the town manager, the select
board shall provide a written statement setting forth the reasons
for the removal or termination.
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Within five days after the receipt of the preliminary
resolution, the town manager may request a public hearing by filing
a written request for such hearing with the select board. If such
a hearing is requested, the hearing shall be held at a meeting of
the select board not later than twenty days from the date of request.
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If a public hearing has not been requested by
the town manager, the select board may adopt a final resolution of
removal, which may be effective immediately, by affirmative vote of
four-fifths of its members at any time after ten days following the
date of delivery of a copy of the preliminary resolution to the town
manager. If the town manager requests a public hearing, the select
board may, at the conclusion of the hearing or within five days of
the conclusion of the hearing, adopt a final resolution of removal
by an affirmative vote of four-fifths of its members.
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The select board may suspend by an affirmative
vote of a majority of the full board, the town manager pending and
during any public hearing as requested by the town manager. The town
manager shall continue to receive a salary until the final date of
removal shall become effective unless provided otherwise. The action
of the select board in terminating, removing or suspending the town
manager shall be final.
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