The Town Manager shall be chosen by the Board
of Selectmen solely on the basis of character, executive and administrative
qualifications with special reference to actual experience in, or
knowledge of, accepted practice in respect to the duties of office
set forth in this Charter, and may or may not be a resident of the
Town of Wells or of the State of Maine when appointed, but, while
in office, may reside outside the Town or state only when specified
by contract. The Board of Selectmen shall appoint a Town Manager for
a term to be determined by the Board of Selectmen unless otherwise
specified by contract, and the Board of Selectmen shall fix the Town
Manager's compensation.
The Town Manager shall be the chief administrative
officer of the Town, and shall be responsible to the Board of Selectmen
for the administration of all Town affairs placed in the Town Manager's
charge by or under this Charter or otherwise, and shall have the following
powers and duties. The Town Manager shall:
(1)
Appoint and prescribe the duties of all statutory officers and department heads. In the case of department heads, the Town Manager shall consult with the Board of Selectmen before making the appointment to the extent described in Section 2.10(2). The Town Manager may, when necessary for the good of the Town, suspend or remove officers and employees of the Town appointed by the Town Manager, except as otherwise provided in this Charter or by law. The Town Manager may authorize the head of a department or office to appoint, suspend or remove subordinates in such department or office in accordance with personnel rules as may be established by ordinance. All such action conducted in accordance with this subsection shall be reported to the Board of Selectmen;
(2)
Direct and supervise the administration of all departments
and offices of the Town, except as otherwise provided by this Charter
or by law;
(3)
With the consent of the Board of Selectmen, serve
as the head of one or more departments or offices of the Town of Wells;
(4)
Attend all Board of Selectmen meetings, except when
the Town Manager's removal is being considered or when excused by
the Board of Selectmen, and shall have the right to take part in discussion,
but may not vote;
(5)
Faithfully execute all applicable laws, Town ordinances,
and provisions of this Charter;
(6)
Prepare and submit the annual proposed budget, incorporating
the Capital Improvement Program, to the Board of Selectmen and be
responsible for budget administration after adoption;
(7)
Prepare and submit to the Board of Selectmen as of
the end of the fiscal year, a complete report on the finances and
administrative activities of the Town for the preceding year, and
cause such annual report to be published and made available to the
public as promptly as possible after the close of the fiscal year;
(8)
Make such other reports as the Board of Selectmen
may require concerning appointments and the operations of Town departments
and offices subject to the Town Manager's direction and supervision;
(9)
Keep the Board of Selectmen fully advised as to the
financial condition and future needs of the Town and make such recommendations
to the Board of Selectmen concerning the affairs of the Town as the
Town Manager deems advisable;
(10)
Act as purchasing agent for all departments
of the Town, except any quasi-municipal entities, and provide, in
case of quasi-municipal agencies, for cooperative purchasing arrangements
where feasible;
(11)
Prepare or amend an administrative code when necessary, and submit it to the Board of Selectmen for adoption pursuant to Section 2.12(1) and be responsible for its administration after adoption;
(12)
Assist, insofar as possible, residents and taxpayers
in discovering the remedial processes in cases involving complaints
of unfair vendor, administrative and governmental practices; and
(13)
Perform such other duties as are specified in
this Charter or as may be required by the Board of Selectmen.
In the temporary absence or disability of the
Town Manager, the Town Manager shall, if able, designate, subject
to approval of the Board of Selectmen, a properly qualified person
to perform the duties of the Town Manager and the Board of Selectmen
shall fix his/her compensation. While so acting, he/she shall exercise
the powers and perform the same duties of the Town Manager. During
such absence or disability, the Board of Selectmen may revoke such
designation at any time and appoint another qualified person to serve
until the Town Manager shall return or his/her disability shall cease.
No member of the Board of Selectmen shall be appointed to serve as
Town Manager during such absence or disability. If the Town Manager
is unable to designate a person to serve in his/her temporary absence
or disability, the Board of Selectmen shall appoint a qualified person
to serve in this capacity.
The Town Manager may be removed or suspended
for cause by the Board of Selectmen in accordance with the provisions
of Maine law.
(1)
The Board of Selectmen shall file with the Town Clerk
a written preliminary resolution setting forth the specific reasons
for the proposed removal, a copy of which shall be delivered to the
Town Manager within 10 days of filing.
(2)
The Town Manager may, within 20 days of receiving
the resolution, reply in writing and may request a public hearing.
(3)
Upon request for a public hearing the Board of Selectmen
shall hold one not earlier than 10 days after the request is filed
nor later than 30 days.
(4)
After the public hearing, or at the expiration of
the time permitted the Town Manager to request the public hearing,
if no such request is made, the Board of Selectmen may adopt or reject
the resolution of removal.
(5)
The Board of Selectmen may suspend the Town Manager
from duty in the preliminary resolution, but in no event shall the
Town Manager's salary be affected until the final resolution of removal
has been adopted.
(6)
In the event of any conflict with the provisions of
Maine law concerning the removal of the Town Manager, the provisions
of Maine law shall supersede the provisions of this section.
(7)
If the Office of Town Manager becomes vacant, the
Board of Selectmen shall appoint an acting Town Manager as soon as
practicable.
