Town of Franklin, MA Article FOUR THE TOWN ADMINISTRATOR

Section 1 Appointment and qualifications

4-1-1 The Town Council, by a majority vote of its full membership, shall appoint a Town Administrator who shall administer and implement the directives and policies adopted by the Town Council. The Council shall fix the Administrator's compensation within the limits of an appropriation adopted for that purpose. The salary, benefits, and terms and conditions of employment and the procedures for dismissal shall be negotiated between the Town Council and the Administrator.

4-1-2 In seeking candidates for the Administrator's post, the Town Council shall advertise in appropriate professional journals and other suitable publications as deemed necessary. The Town Administrator need not be a resident of the town at the time of appointment but shall establish residence within the town within one year following appointment, unless the town council shall waive such residency requirement. If a resident of the Town, the successful candidate shall have held no elective town office for a period of one year prior to appointment.

4-1-3 The Administrator shall be appointed on the basis of educational, executive and administrative qualifications and experience, including at least a bachelor's degree in an appropriate field of study from an accredited four-year college or university. Professional experience shall consist of at least three (3) years of full-time, compensated service in town or town administration or related administrative activity.

Section 2 Powers and duties

4-2-1 The Town Administrator shall be the chief executive and administrative officer of the Town and shall be responsible to the Council for the effective administration of all town affairs placed in his charge by or under this Charter.

4-2-2 The administrator shall not hold any other elective or other appointive town office, shall may be appointed by the council to serve on committees, both standing and ad hoc. The administrator shall devote full-time to the duties of the office and shall not engage in any other business or occupation without the advance written authorization of the council.

[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]

4-2-3 The Administrator shall: (a) attend all meetings of the Council except when excused and have the right to speak but not to vote; (b) keep the Council fully informed regarding Town and departmental operations, fiscal affairs, general problems and administrative actions and submit appropriate periodic reports;(c) keep the Council fully informed as to the long-range needs of the Town, the practices and governmental trends of other communities and the laws and regulations of the Commonwealth and make such recommendations to the Council as deemed necessary and appropriate; (d) prepare, assemble and present to the Council the annual Town operating and capital budgets and cooperate with the Finance Committee in all financial matters; (e) serve as general ombudsman for the Town; (f) maintain an inventory of all town real and personal property; (g) be responsible for the aspects of the personnel system; (h) serve as chief procurement officer (i) be responsible for the maintenance of all buildings and property owned or leased by the Town, except that under the jurisdiction of the School Committee; and (j) perform such other duties as maybe required by this Charter, bylaw or order of the Council.

[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]

4-2-4 The Administrator may, with the approval of the Council, within the departments and agencies under his jurisdiction, establish, reorganize or consolidate any department, board, commission or office.

4-2-5 Subject to ratification by the town council, the administrator may appoint; on the basis of merit and fitness alone: (a) a fire chief, a police chief, a director of public works, a town comptroller, a town counsel, a library director, and 3 registrars of voters; (b) 5 members of a board of library trustees, 9 members of a council on aging, 7 members of a conservation commission, 7 members of an historic commission and 3 members of a zoning board of appeals, the members of which shall serve for 3-year overlapping terms within their respective board, council or commission; (c) 5 members of a housing authority, 4 of whom shall serve for 5-year overlapping terms and 1 of whom shall be appointed under the authority of the commonwealth; and (d) members of such other boards, commissions and committees as are authorized by the General Laws, this charter or by-laws and for whom appointment is not otherwise provided.

[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]

Section 3 Removal of the Town Administrator

4-3-1 Final removal of any town administrator shall be effected by a majority vote of the full town council at an open council meeting.

Section 4 Acting Town Administrator

[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]

4-4-1 The town administrator may designate a qualified person to serve as acting town administrator and to perform the duties of the office for up to 21 days on account of the temporary absence or unavailability of the town administrator.

4-4-2 The town council may designate a qualified person to serve as acting town administrator and to perform the duties of the office during the period of any vacancy caused by the administrator's absence or unavailability for more than 21 days or because of the illness, suspension, removal or resignation of the town administrator. The appointment shall be for not more than 180 days, but such appointment may be extended for 2 additional 90-day periods by vote of the council.