The select board, by an affirmative vote of at least 4 members, shall appoint a town manager to serve an indefinite term and shall fix the compensation for such person within the amount appropriated by the town. The town manager shall not have served in an elective office in the town government for at least 12 months prior to the appointment.
The town manager shall be appointed on the basis of education and executive and administrative qualifications. The educational qualifications shall consist of at least a bachelor's degree, granted by an accredited degree-granting college or university. Professional experience shall include at least 5 years of prior full-time compensated executive or administrative service in public or private business administration. Alternatively, at least 2 years of prior full-time compensated executive service in public or business administration and a master's degree in an appropriate discipline shall qualify an applicant.
(a) 
The town manager shall be the chief administrative officer of the town and shall be responsible for administering and coordinating all employees, activities and departments placed by General Laws, this charter or by-law under the control of the select board and the town manager. The manager shall implement the goals and carry out the policies of the select board.
(b) 
The town manager shall devote full time to the duties of the office and shall not hold any other public office, elective or appointive, nor be engaged in any other business, occupation or profession while serving in such office unless such action is approved, in advance and in writing, by the select board.
(c) 
The powers and duties of the town manager shall include but are not limited to the following:
(1) 
To attend all meetings of the select board, unless excused at the town manager's request, and to speak but not to vote at all such meetings;
(2) 
To keep the select board fully informed as to the needs of the town and to recommend to the board for adoption by it such measures requiring action by it or by the town as the town manager deems necessary or expedient;
(3) 
To inform the select board of departmental operations, fiscal affairs, general problems and administrative actions, and to this end submit periodic reports;
(4) 
To keep the select board fully informed of the availability of all sources of outside funding, both public and private, including intergovernmental grants, so-called "in-lieu-of" payments, gifts, grants, contributions and otherwise, giving special consideration as to how any such funding source might relate to the short- and long-range needs and goals of the town;
(5) 
To fulfill all responsibilities and duties assigned to the town manager under Article VII of this charter;
(6) 
To manage during the fiscal year the annual operating budget and the capital acquisitions budget as voted by the town, so as to assure all such funds are expended or committed in accordance with General Laws, this charter, by-laws and the town meeting votes relating thereto;
(7) 
To act as the chief procurement officer for the town;
(8) 
To develop, keep and update annually a full and complete inventory of all real and personal property of the town;
(9) 
To attend and speak at any regular meeting of any town multimember body as the town manager chooses;
(10) 
To negotiate collective bargaining contracts on behalf of the select board, unless the town manager, with the approval of the select board, shall have designated another negotiator or negotiating team; provided, that all such contracts shall be subject to the approval of the select board;
(11) 
To authorize the assistant town manager, if any, to exercise the powers or perform the functions or duties assigned to the office of town manager in that manager's absence for a period of no more than 2 weeks; provided, however, that all acts performed by the assistant town manager in such circumstance shall be deemed to be the acts of the town manager;
(12) 
To coordinate the activities of all town agencies serving under the office of town manager and the office of the select board with those under the control of other officers and multimember bodies elected directly by the voters. For this purpose, the town manager shall have authority to require the persons so elected or their representatives to meet with the town manager at reasonable times for the purpose of effecting coordination and cooperation among all agencies of the town;
(13) 
To attend all sessions of all town meetings and answer all questions directed to the town manager which relate to the office; and
(14) 
To perform such other duties as assigned by this charter, by-law, vote of the town meeting or vote of the select board.
The town manager shall appoint, on the basis of merit and fitness alone, and may remove, except as otherwise provided by the General Laws, this charter, personnel by-laws or collective bargaining agreements that may be applicable, a town treasurer/collector, a police chief, a fire chief, a town accountant and all other department heads, officers, subordinates and employees, full- and part-time, excepting that:
(a) 
Employees of the school department and the library shall be appointed by their respective department heads;
(b) 
The police chief and fire chief shall appoint employees of their respective departments subject to the approval of the town manager;
(c) 
The town manager shall appoint personnel in all other departments after consultation with supervisors and department heads to whom such personnel report or are assigned; and
(d) 
All appointments made or approved by the town manager shall become effective no later than the fifteenth day following the day on which notice of the proposed appointment is filed with the select board, unless 3 members of the select board shall vote to reject such an appointment within such period or shall sooner approve it.
(a) 
The town manager shall administer and enforce collective bargaining agreements, personnel policies and practices, rules and regulations and personnel by-laws adopted by the town.
(b) 
The town manager shall, in consultation with the select board, prepare, maintain and keep current a plan establishing the personnel staffing requirements for each town agency, except those under the jurisdiction of the school committee.
(c) 
The creation of any new full-time compensated position shall require approval by the select board and such action shall not be effective until the position has been funded by town meeting vote.
The town manager may recommend to the select board and implement, with the select board's approval, reorganization of any department or position placed by this charter under the town manager's direction or supervision, except as otherwise provided by General Laws or this charter.
Warrants or vouchers for payment of town funds prepared and signed by the town accountant in accordance with General Laws shall be submitted to the town manager after review and approval by the director of municipal finance, if any, and approval of the town manager shall be sufficient authorization for payment by the town treasurer/collector. At least 3 members of the select board shall approve all warrants or vouchers in the town manager's absence or in the event that office is vacant.
(a) 
The select board shall annually evaluate the performance of the town manager. The select board shall adopt a written set of procedures and criteria that shall form the basis for the evaluation.
(b) 
The select board shall provide a copy of the evaluation to the town manager and a copy shall be kept on file in the office of the select board for examination by the public.
(a) 
The select board, by the affirmative vote of at least 4 members, may initiate the removal of the town manager by adopting a resolution to that effect. Said resolution shall state the reason therefor; provided, that no such resolution shall be adopted within 60 days following any town election. Any such resolution shall be adopted only at a regularly scheduled public meeting and in open session.
(b) 
The adoption of said resolution shall serve to suspend the town manager for not more than 45 days, during which the salary shall continue to be paid. A copy of such resolution shall be delivered in hand forthwith to the town manager or sent by registered mail, return receipt requested, to the manager's last known address.
(c) 
Within 5 days following receipt of such resolution, the town manager may file a written request for a public hearing with the select board. Upon receipt of such request, the select board shall schedule a public hearing within 2 weeks. At least 7 days prior to the public hearing, the board shall advertise the hearing in a local newspaper and shall cause identical notices stating the purpose, location, time and date to be posted in the town hall and in every post office in town.
(d) 
The town moderator shall preside at any such hearing.
(e) 
At any such hearing, the reasons for the removal shall first be read aloud. The town manager shall then have the right to respond, personally or through counsel. The select board and the town manager shall have the power to compel testimony and to subpoena any town records.
(f) 
Final removal of any town manager shall be effected by the affirmative vote of at least 4 members of the select board at a public meeting, the time and place of which are announced, held within 7 days of such hearing, if any. If no hearing has been requested, final removal may be effected by an affirmative vote of at least 4 members at a meeting of the select board held not earlier than 14 days after the resolution initiating removal is adopted. The salary of the town manager shall be paid for a period of 60 days after the vote effecting removal from office or otherwise in accordance with the termination clause in the town manager's contract.
(g) 
The town manager shall provide the select board with at least 90 days' notice of the town manager's intent to resign. The select board may shorten or waive this requirement.
When a vacancy arises in the office of the town manager, the select board shall advertise the vacancy at once. The board shall fill the vacancy as quickly as possible, but in any case, within 6 months. The select board in its search for a town manager shall advertise in the International City/County Management Association newsletter or similar professional publication and in at least 2 newspapers having state-wide or multistate regional circulation.
(a) 
In the event of the temporary absence or disability of the town manager that is expected to last longer than 2 weeks, the town manager may appoint, subject to the approval of the select board, a suitable person to serve as acting town manager and perform the duties of the town manager during such absence or disability. If the town manager fails to make such appointment or the person so appointed fails to serve, the select board may appoint a suitable person to perform such duties.
(b) 
An acting town manager serving because of the temporary absence or disability of the town manager pursuant to subsection (a) shall:
(1) 
Exercise only those powers of the town manager as are essential to conduct the business of the town in an orderly and efficient manner and to take action on matters that cannot be delayed until the expected date of return of the town manager; and
(2) 
Have no authority to make any permanent appointment to or removal from town service unless the absence or disability of the town manager has extended beyond 60 days.
During a vacancy caused by suspension, removal, resignation or death of the town manager, the select board shall designate, within 10 days of the vacancy, a town employee or other person to exercise the powers and perform the duties of the town manager. This designation shall be for a period not to exceed 90 days, and it may be renewed as necessary, not more than twice for additional periods not to exceed 90 days each.
(a) 
There shall be a department of municipal finance under the direct control and supervision of a director of municipal finance, who shall be appointed by and responsible to the town manager. The director of municipal finance shall be a person especially suited by education, training and previous experience to perform the duties of the office. The director of municipal finance shall be required to be a certified public accountant or hold a degree in public finance or a related field. The director shall be responsible for the supervision and coordination of all municipal finance operations of the town that are placed within the department of municipal finance by this charter.
(b) 
The department of municipal finance shall include accounting, treasury/collection and property assessing. The responsibilities of the director of municipal finance shall include, but not be limited to:
(1) 
Preparation of rules, regulations and instructions relating to financial activities that, when approved by the town manager and the select board, shall be binding upon all town agencies and employees;
(2) 
Examination and approval of all warrants for payment as not fraudulent, unlawful or excessive prior to submission to the town manager, or in the event of a vacancy in that office, or the absence or disability of the town manager to act, to the select board;
(3) 
Carrying out a continuous audit to assure that the town accountant, town treasurer and assessor are following town financial policies, state law and best practices and that their records match; and
(4) 
Making an annual report, to be included in the town's annual report, giving a statement of all receipts and expenditures of the town for the past fiscal year.