[Amended 10-21-2019 FATM, Art. 19]
The Select Board, by an affirmative vote of
the majority, shall appoint a Town Administrator either for an indefinite
term or, if the Board shall enter into a contractual agreement with
the Town Administrator specifying a term of years as authorized by
the General Laws, for the term of such contractual agreement, and
shall in either case fix his/her compensation within limits of an
appropriation for that purpose.
Unless otherwise provided by contractual agreement,
the office of Town Administrator shall receive benefits and leave
as provided for in the consolidated Personnel By-Laws.
[Amended 10-21-2019 FATM, Art. 19]
The Town Administrator shall be appointed on
the basis of his/her administrative and executive qualifications and
experience. He or she 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, to perform the duties of Town
Administrator and his/her professional experience shall include previous
full-time, compensated service in public or business administration.
The Town Administrator need not be a resident
of the Town or the Commonwealth at the time of his/her appointment,
but must be domiciled within the Town within twelve months following
his/her appointment unless the Select Board shall vote to waive this
residency requirement, provided, however, that such waiver shall be
effective only as long as the town administrator resides in a city
or town located not more than fifteen (15) miles from Walpole. The
Town Administrator shall not have served in an elective office in
the town government for at least twelve months prior to his/her appointment.
The Town Administrator shall devote full time
to the office of the Town Administrator and shall not hold any other
public elective appointive office or engage in any other business
or occupation during his/her term, except with written permission
of the Select Board. The Town may, from time to time by by-law, establish
such additional qualifications as seem necessary and appropriate.
Before entering upon the duties of the office
the Town Administrator shall be sworn, in the presence of a majority
of the Board, to the faithful performance of his/her duty. The Town
Administrator shall execute a bond in favor of the Town for the faithful
performance and with such sureties as may be fixed by the Select Board
members; the cost of said bond shall be borne by the Town.
Any vacancy in the office of Town Administrator
shall be filled as soon as possible by the Select Board members, and
meanwhile they shall appoint a suitable person as acting Town Administrator
to perform the duties necessary to maintain the administrative functions
of the regular Town Administrator. The acting appointment may not
exceed six (6) months, but may be further extended for a six (6) month
period.
[Amended 10-21-2019 FATM, Art. 19]
The Town Administrator shall be the chief administrative
officer of the Town, and shall be directly responsible to the Select
Board for the administration of all town affairs placed in his/her
charge by or under this Charter or by by-law.
(A)
The Town Administrator shall appoint, and may remove,
for a term of not more than three (3) years, the Town Accountant,
and for indefinite terms, the Finance Director, Assistant Town Administrator,
Building Commissioner, Director of the Department of Public Works,
Tree Warden, Recreation Director, Animal Inspector, Town Engineer,
Health Director, Conservation Agent, and all other department heads,
officers, subordinates and employees for whom no other method of appointment
is provided for in this Charter, except persons serving under other
elected agencies and appointments made by representatives of the Commonwealth.
(B)
The positions of Town Accountant, Finance Director,
Assistant Town Administrator, Building Commissioner, Director of the
Department of Public Works, Tree Warden, Recreation Director, Animal
Inspector, Town Engineer, Health Director and Conservation Agent,
appointed by the Town Administrator, require the approval of the Select
Board before any appointment or removal can become effective. . Any
such appointment made by the Town Administrator, and the removal of
any person from any such office or position by him or her, shall become
effective upon the fifteenth day following the day on which notice
of the proposed appointment or removal is filed with the Select Board,
unless the Select Board members, by majority vote within said fifteen
(15) day period, reject or affirm such proposed appointment or removal.
In the event the Select Board shall reject any such proposed appointment,
the Town Administrator shall, as soon as practicable, appoint a different
person to fill such position and shall not resubmit the name of the
rejected appointee, except with the approval of a majority of the
Select Board, but nothing herin contained shall be deemed to preclude
the Town Administrator from removing any person from any office or
position solely because a prior action of removal was rejected by
the Select Board. Said Fifteen (15) day period may be extended for
one (1) additional fifteen (15) day period by majority vote of the
Select Board.
(C)
The Town Administrator shall be entrusted with the
administration of all personnel policies, practices and related matters
for all municipal employees, including employees who report to elected
or appointed town boards or committees, as established by the compensation
plan, the personnel policy guide, by-law and all collective bargaining
agreements entered into by the Select Board on behalf of the Town.
The Town Administrator shall fix the compensation of all town officers
and employees appointed by him or her within the limits established
by appropriations and the classification and compensation plan adopted
by town meeting.
(D)
Except as otherwise provided by this Charter, Civil
Service Rules and procedures, collective bargaining agreements or
the General Laws, the Town Administrator shall furnish ten (10) working
days advance written notice of the removal of any officer or employee
to such person and provide that compensation for those days be paid.
(E)
The Town Administrator shall direct, supervise and
be responsible for the efficient administration and enforcement, if
necessary, of all functions under his/her control as may be authorized
by the General Laws, this Charter, by by-law or by other Town Meeting
vote or by the Select Board, including all officers appointed by him
or her and their respective departments.
(F)
The Town Administrator shall attend all regular and
special meetings of the Select Board, unless excused at his/her own
request, and shall have a voice but no vote in all of its discussions.
(G)
The Town Administrator shall attend all sessions of
the town meeting and shall answer all questions directed to him or
her relating to town affairs.
(H)
The Town Administrator shall keep the Select Board
fully informed regarding all departmental operations, fiscal affairs,
general problems and administrative actions; and to this end, shall
submit periodic reports to the Board and make such recommendations
as he or she deems necessary and expedient.
(I)
The Town Administrator shall keep full and complete
records of the finances and administrative activities of his/her office
and keep the Select Board informed as to the financial condition and
needs of his/her office. The Town Administrator shall render a full
report to the Select Board members at the end of each fiscal year.
(J)
The Town Administrator shall have responsibility for
materials, repairs and supervision of all Town property, including
school buildings and grounds and shall have full jurisdiction for
the rental of all Town facilities except schools.
(K)
The Town Administrator may, without notice, cause
the conduct of any officer or employee, or department, board or commission
under his/her control, or the conduct of officers or employees thereof,
to be examined. The Town Administrator may, with notice to the Chairperson
of any elected or appointed board or committee not under his/her control,
investigate the conduct of any town employee who reports to or is
under the supervision of said board or committee in order to carry
out his/her duties under Section 4-3(C). The Town Administrator shall
have access to all Town books and papers for information necessary
for the proper fulfillment of his/her duties.
(L)
The Town Administrator shall negotiate and award contracts
subject to the approval of the Select Board involving any subject
within his/her jurisdiction, including all contracts relative to sewer
and water projects. The said contracts shall be awarded in accordance
with the General Laws, and shall be opened and recorded in the Select
Board member's hearing room in the presence of the Select Boad member's
secretary or other designee of the Select Board members.
(M)
The Town Administrator shall be responsible for purchasing
all supplies, materials, services and equipment and shall award all
contracts for all departments, boards and agencies and activities
of the Town except school textbooks, software, compact discs and other
educational materials and reading, listening, software and audiovisual
materials to be used in the Town Library. The Town Administrator shall
examine and inspect the quality, quantity and condition of materials,
supplies, and equipment delivered to or received by any Town agency
secured through the purchasing procedure.
(N)
The Town Administrator may create, expand, consolidate or abolish all offices and agencies not specifically provided for by this charter, by statute, by by-law or by an administrative code, under procedures described in Article V, subject to the approval of the Select Board.
(O)
The Town Administrator shall perform the duties of
park commissioner and forest commissioner under the direction of the
Select Board.
(P)
The Town Administrator shall maintain full and complete
personnel records for all town employees except School Department
employees and elected officials of the Town.
(Q)
The Town Administrator shall be responsible for all
work and maintenance projects assigned to him or her by the Board
of Sewer and Water Commissioners. The Town Administrator or his/her
designee shall attend all regular and special meetings of the Sewer
and Water Commissioners, unless excused at his/her own request, and
shall have a voice but no vote in all of its discussions.
(A)
The Building Commissioner, shall appoint for an indefinite
term, and may remove, subject to the approval of the Town Administrator,
the Plumbing Inspector, the Wire Inspector and the Gas Inspector.
(B)
The Town Administrator, with the approval of the Board
of Health, shall appoint for an indefinite term, and may remove, the
Health Director.
(C)
The Town Administrator, with the approval of the Conservation
Commission, Shall appoint for an indefinite term, and may remove,
the Conservation Agent.
(D)
Upon approval by the Board of Health or Conservation
Commission, the Town Administrator shall give notice of any such appointment
or removal to the Select Board in the manner specified by Section
4-3(B) and such appointment or removal shall be governed by the provisions
thereof.
[Amended 10-21-2019 FATM, Art. 19]
[Amended 10-21-2019 FATM, Art. 19]
The Select Board may remove the Town Administrator
in accordance with the following procedures:
(A)
The Select Board shall first adopt a preliminary resolution
stating the reason or reasons for removal. Said resolution must be
approved by an affirmative vote of four-fifths (4/5ths) of all of
the members of the Board.
(B)
Within five days after receipt of the preliminary
resolution, the Administrator may file, either personally or through
counsel, a written request with the Board for a hearing. This hearing
shall be held at a meeting of the Board not later than twenty (20)
days after the request is filed, nor earlier than ten (10) days. The
Administrator may file a written statement with the Board, provided
that the same is received more than forty-eight (48) hours in advance
of the public hearing.
(C)
In the event that a public hearing is requested, the
Select Board shall cause a suitable notice of it to be published in
a newspaper of general circulation in the Town, citing the purpose
of the hearing, its location, time and date. The Board shall also
cause identical notices to be posted in the Town Hall. All notices
shall be published not later than five (5) days prior to the scheduled
hearing.
(D)
At any hearing so held, the Select Board shall cause
the reason or reasons for suspending or removing the Administrator
to be read aloud. The Administrator personally or through counsel,
will be given adequate time to respond to the reason or reasons. Both
parties shall have the right to summons witnesses, including the subpoena
of records, reports and witnesses. Any witness so called shall be
properly sworn in and any records introduced in evidence shall be
examined by the town official having custody over such records as
to the accuracy of any and all such records. Both the Board and the
Administrator shall be permitted reasonable rebuttal to arguments
and testimony advanced. The Board and the Administrator shall mutually
agree to the appointment of an impartial hearing officer to preside.
Should they be unable to agree, the Town Counsel shall so serve.
(E)
The Board may adopt a final resolution of removal,
which may be made effective immediately, by affirmative vote of four-fifths
(4/5ths) of all its members.
(F)
Failure to adopt a final resolution of removal within
thirty (30) days after the delivery of a copy of the preliminary resolution
of removal to the Administrator if he or she has not requested a public
hearing or within fifteen (15) days after the conclusion of said hearing
if he or she has requested one, shall nullify the preliminary resolution
of removal. The Administrator shall continue to receive his/her salary
until the effective date of a final resolution of removal. The action
of the Board on suspending or removing the Administrator shall be
final.
[Amended 10-21-2019 FATM, Art. 19]
By letter filed with the Town Clerk and the Select Board, the Administrator shall designate a qualified Town Administrative employee or officer to exercise the powers and perform the duties of Administrator during his/her temporary absence; said appointment shall be made subject to the approval of the Select Board. If the Administrator fails to make such appointment, if the person so appointed refuses to serve, or if the Administrator has been suspended under the provision of Section 4-5, the Select Board members may appoint a suitable person to serve. The acting Town Administrator shall exercise only those powers and perform those duties necessary to maintain the administrative functions of the regular Town Administrator during his/her absence.
