Town of Barre, MA Chapter 70 Town Administrator

[HISTORY: Adopted by the Town Meeting of the Town of Barre 11-29-2023 STM by Art. 4. Amendments noted where applicable.]

§ 70-1 Appointment; annual review; other activities.

A. Appointment; term of office. The Select Board shall appoint and enter into an employment agreement with a Town Administrator to serve for a term of not more than three years; provided, however, that the first six months of any individual's first appointment to the office shall be considered a probationary period. The Town Administrator shall be appointed solely on the basis of their executive and administrative qualifications. They shall be a person especially fitted by education, training and previous experience in business or public administration to perform the duties of the office of Town Administrator.

B. Review of performance. The Select Board shall annually provide for a review of the job performance of the Town Administrator which shall, at least be in summary form, be a public record.

C. Restriction on other activities. The Town Administrator shall devote their full time to the duties of their office and will not hold any other public office, elective or appointive, nor shall they engage in any other business, occupation or profession during their term unless such action is approved, in advance, in writing, by the Select Board.

§ 70-2 Powers and duties.

The Town Administrator shall be the chief administrative officer of the Town and shall be responsible to the Select Board for the proper administration of all Town affairs placed under their charge by the Board or under Town bylaws. Acting by and for the Select Board, the powers and duties of the Town Administrator shall include, but are not intended to be limited to, the following:

A. They shall supervise, direct and be responsible for the efficient administration of all functions placed under their control by bylaw, by Town Meeting vote, by vote of the Select Board, or otherwise, including all officers appointed by them.

B. They shall coordinate the activities of all Town departments under their control with those under the control of officers and multiple-member bodies who are elected directly by the voters of Barre appointed by the Select Board, or provided for under any special act, including, without limitation, Chapter 56 of the Acts of 1988.

C. They shall recommend the appointment, and may recommend the removal, subject to the civil service law and any collective bargaining agreements as may be applicable, of all department heads, all officers, subordinates and employees for whom no other method of selection is provided by bylaws, unless otherwise provided by state law. Appointments made by the Town Administrator shall become effective at their discretion, unless the Select Board shall within such period by majority vote of the Board vote to reject such appointment or has sooner voted to affirm it.

D. They shall be entrusted with the administration of a Town personnel system and personnel policy manual adopted by the Select Board, including but not limited to personnel policies and practices, rules and regulations, including provisions for an annual employee performance review, personnel bylaw and all collective bargaining agreements entered into on behalf of the Town. They shall prepare, maintain and keep current a classification and compensation plan establishing the personnel staffing requirement of each Town agency, subject to Select Board approval.

E. They shall attend all regular and special meetings of the Select Board and Finance Committee, and unless excused at their own request, and shall have a voice, but no vote in all of its proceedings.

F. They shall attend all sessions of the Town Meeting and shall answer all questions addressed to them related to warrant articles and which are related to matters under their general supervision.

G. They shall assure that all provisions of state laws, the bylaws and other votes of the Town Meeting, votes of the Select Board and of other Town agencies which require enforcement by them or by officers or employees subject to their general supervision and direction are faithfully carried out, performed and enforced.

H. They shall prepare, propose and submit the fiscal documents pertaining to the annual operating budget and proposed capital outlay program for all municipal departments.

I. They shall keep the Select Board fully informed as to the fiscal condition and needs of the Town and shall make such recommendations to the Board and to other elected and appointive officers as they may deem to be necessary or desirable.

J. They shall assure that full and complete records of the financial and administrative activities of the Town are kept and shall render full reports to the Select Board at the end of each fiscal year and at such other periods as it may reasonably require or as required by law.

K. They shall have full jurisdiction over the rental and use of all Town facilities. They shall be responsible for the maintenance and repair of all Town facilities, subject to the agreement between the Select Board and the Barre Library Association and all applicable laws and bylaws.

L. They may at any time inquire into the conduct of office or performance of duty of any Town officer, Town employee or Town agency under their general supervision. The Town Administrator may impose progressive discipline for any infractions subject to disciplinary actions, including verbal warning, written warning, performance improvement plans, suspension or administrative leave, and may recommend termination or any other action to the Select Board as may be necessary in accordance with the Town's personnel policy manual.

M. They shall assure that a full and complete inventory of all Town-owned property, both real and personal, is kept consistent with generally accepted accounting principles.

N. Under the guidance of the Select Board, they shall be responsible for the negotiation of all contracts with Town employees over wages, hours, and other conditions of employment.

O. They shall serve as chief procurement officer pursuant to MGL Chapter 30B and be responsible for the purchase of all supplies, materials and equipment, and shall award all contracts for supplies, materials and equipment for all departments and activities of the Town. They shall examine and inspect, or cause to be examined and inspected, the quality and the condition of all supplies, materials and equipment delivered to or received by any Town department. They shall, in addition, be responsible for the disposal of all surplus supplies, materials and equipment for all departments and activities of the Town.

P. They shall be in charge of all technology, including hardware and software, and shall allocate the use thereof among the several Town agencies.

Q. They may authorize any subordinate officer or employee to exercise any power or duty which they are authorized to perform; provided, however, that all acts which are performed under any such delegation shall be deemed to be their acts.

R. They shall be responsible to implement and maintain general security and public safety procedures in the Henry Woods Municipal Center and extend and review policies and procedures to all buildings and properties controlled or owned by the Town. This includes but is not limited to IT and network security.

S. (Reserved)

T. They shall also serve as the ADA Coordinator, Records Access Officer, Parking Clerk and Municipal Hearings Officer pursuant to MGL Ch. 148A.

U. They shall perform such other duties as may be required by bylaw, by Town Meeting vote, by vote of the Select Board, or otherwise.

§ 70-3 Acting and Interim Town Administrator.

A. Temporary absence. The Town Administrator shall, by letter filed with the Select Board and a copy filed with the Town Clerk, designate a qualified Town officer or employee to exercise the powers and perform the duties of their office during their temporary absence. During the temporary absence of the Town Administrator, the Select Board may vote to appoint another qualified Town officer or employee to serve as acting Town Administrator until they return and assume their duties.

B. Vacancy. Any vacancy in the office of Town Administrator shall be filled as soon as possible by the Select Board, but pending such permanent appointment the Board shall designate a qualified Town officer or employee or other qualified individual to perform the duties of the Town Administrator on an interim basis. The appointment of an acting Town Administrator shall be for a term not to exceed six months; provided, however, that a renewal, not to exceed an additional three months, may be provided.

C. Powers and duties. The powers of an interim or acting Town Administrator, under Subsection B above, shall be limited to matters not admitting of delay and shall include authority to make appointments or designations to Town office or employment to the same extent and the same conditions as the Town Administrator, except that, for positions reporting directly to the Town Administrator, only an acting appointment or designation may be made.

§ 70-4 Removal and suspension.

A. The Select Board, by a majority vote taken with the full Board present, may terminate the Town Administrator from their office in accordance with the following procedure:

(1) During probationary period: notice in writing of termination.

(2) After probationary period, the Town Administrator shall not be dismissed except for inefficiency, incapacity, conduct unbecoming the office, insubordination or other cause; nor shall the Town Administrator be dismissed without notice and an opportunity to be heard.

B. Anything contained in this provision to the contrary notwithstanding, the nonrenewal of the term of appointment of the Town Administrator shall not be considered to be a dismissal and the provisions of Subsection A(1) and A(2) shall not apply to the nonrenewal of the Town Administrator's employment.

C. The Town Administrator may be suspended from office by a procedure following the same steps outlined above for a removal.