[Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual
Town Election, Question 20]
4-1-1 The Select Board, by an affirmative vote of at least four
members, shall appoint a Town Manager. [Amended 5-13-2019 ATM,
Art. 59, approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-1-2 The Select Board in its search for a Town Manager, shall
advertise in the International City Management Association (I.C.M.A.)
Newsletter or similar professional publication and in at least two
newspapers having state-wide or regional circulation. [Amended
5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question
5; 5-9-2022 ATM
by Art. 63, approved 5-16-2023 Annual Town Election,
Question 20]
4-1-3 No person who has held elective Town office during the
preceding twelve months within the Town of Orleans shall be eligible
for the position of Town Manager. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-2-1 The Town Manager shall be appointed on the basis of educational,
executive and administrative qualifications and experience. The educational
qualifications shall consist of at least a bachelor's degree, preferably
in public administration, granted by an accredited degree-granting
college or university. The professional experience shall include at
least five years of prior full time compensated executive service
in public or business administration. Alternatively, at least two
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. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-3-1 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 Law, or
Charter or By-law under the control of the Select Board or the Town
Manager. The Town Manager shall implement the goals and carry out
the policies of the Select Board. [Amended 5-13-2019 ATM, Art.
59, approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-3-2 The Town Manager shall devote full time to the Town Manager's
office; the Town Manager shall not become a candidate for, or hold,
any elective office during the Town Manager's term of appointment;
and the Town Manager shall engage in no business activity during the
Town Manager's term, except with the written consent of the Select
Board. The Town Manager shall: [Amended 5-13-2019 ATM, Art.
59, approved 6-23-2020 Annual Town Election, Question 5]
(a)
Attend all meetings of the Select Board, except when excused, and
shall have the right to speak but not to vote.
(b)
Assemble, prepare and present to the Select Board all annual operating
and capital budgets of the Town and be responsible for the development
and annual revision of the Capital Improvements Plan.
(c)
Administer during the fiscal year the annual operating budget and
capital outlay appropriations as voted by the Town to assure all such
funds are expended or committed in accordance with General Laws, Charter,
bylaws, and the Town Meeting votes relating thereto.
(d)
Inform the Select Board on all departmental operations, fiscal affairs,
general problems, and administrative actions, and to this end shall
submit periodic written reports to the Board, no less frequently than
annually.
(e)
Inform the Board on a continuous basis regarding the availability
of state and federal funds and how such funds might possibly relate
to short-range and long-range needs and goals, and solicit and prepare
applications for such grants.
(f)
Be responsible for the day-to-day administration of the Town's personnel
system.
(g)
Act as chief procurement officer for the Town, excepting the School
Department.
(h)
Be responsible for overseeing the enforcement of zoning, acting through
the Building Inspector or a zoning enforcement agent.
(i)
Develop, keep, and annually update a full and complete inventory
of all real and personal property of the Town, except school property.
(j)
Possess the right to attend and speak at any regular meeting of any
Town multi-member body.
(k)
Negotiate collective bargaining contracts on behalf of the Select
Board, unless the Board shall have designated another negotiator.
(l)
Perform such other duties as assigned by Charter, By-law, or vote
of the Select Board.
4-4-1 Subject to the approval of the Select Board, the Town
Manager shall appoint and, on the basis of merit and fitness alone,
and except as otherwise is provided by general law, Charter, or personnel
By-laws, may suspend or remove: a Town Clerk who need not be a Town
resident; a Town Collector-Treasurer; a full-time professional Assessor
who shall not be a member of the Board of Assessors; and a Director
of Public Works and Natural Resources. The Town Manager may also appoint
other positions, subject to the availability of funds. [Amended
5-11-2015 ATM, Art. 53, effective 5-18-2016; 5-13-2019 ATM, Art. 59,
approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-4-2 The Town Manager shall also appoint, on the basis of merit
and fitness alone, and, except as may otherwise be provided by General
Law, Charter, personnel By-law, or collective bargaining agreements,
may suspend or remove: (a) Town employees, including secretarial and
clerical personnel; (b) other part-time secretarial and clerical employees,
in consultation with the elected Town officials to whom said employees
report; (c) all employees of appointed Town multi-member bodies; (d)
one or more inspectors; and (e) all other full-time, part-time or
seasonal employees, except those of the Police and Fire Departments
and the School Department. All such appointments and removals may
be reversed by an affirmative vote of at least four members of the
Select Board taken within 14 days. [Amended 5-13-2019 ATM, Art.
59, approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-5-1 Under general policy guidelines of the Select Board, the
Town Manager shall administer and enforce collective bargaining contracts,
personnel rules, regulations, and By-laws adopted by the Town. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election,
Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town
Election, Question 20]
4-6-1 With the approval of the Select Board, the Town Manager
may establish, reorganize, consolidate or abolish any department or
position placed by this Charter under his or her direction and supervision,
except as otherwise provided by General Law or this Charter. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election,
Question 5]
4-6-2 The creation of any new full-time compensated position
shall require approval by the affirmative vote of four members of
the Select Board, and such action shall not be effective until the
position has been funded by Town Meeting vote provided, however, that
the reclassification of an existing full-time compensated position
by the Town Manager shall not be deemed the creation of a new full-time
compensated position. [Amended 5-13-2019 ATM, Art. 59, approved
6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-7-1 Warrants or vouchers for the payment of Town funds, prepared
and signed by the Town Accountant/Director of Municipal Finance in
accordance with General Law procedures, shall be submitted to the
Town Manager, and his or her approval thereof shall be sufficient
authorization for payment by the Treasurer, provided, however, that
at least three Select Board shall approve all Warrants in the Town
Manager's absence or in the event of a vacancy in his or her office. [Amended 5-11-2015 ATM, Art. 53, effective 5-18-2016; 5-13-2019 ATM,
Art. 59, approved 6-23-2020 Annual Town Election, Question 5]
4-8-1 The Select Board shall annually evaluate the performance
of the Town Manager. The Board shall adopt a written set of procedures
and criteria which shall form the basis for the evaluation. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election,
Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town
Election, Question 20]
4-8-2 A copy of the evaluation shall be provided to the Town
Manager. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual
Town Election, Question 20]
4-9-1 The Select Board, by the affirmative vote of at least
three members, may initiate the removal of a Town Manager by adopting
a resolution to that effect. Said resolution shall state the reasons
therefor, provided that no such resolution shall be adopted within
sixty days following any Town election that has changed the makeup
of the Board. Any such resolution shall be adopted only at a regular
scheduled public meeting and in open session. [Amended 5-13-2019
ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-9-2 The adoption of said resolution shall serve to suspend
the Town Manager for not more than forty-five days, during which the
salary shall continue to be paid. A copy of such resolution shall
be delivered forthwith to the Town Manager in hand, or sent by registered
mail, return receipt requested, to his or her place of residence. {Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town
Election, Question 20]
4-9-3 Within five days following receipt of such resolution,
the Town Manager may file a written request for a public hearing.
Upon such request, the Board shall schedule a hearing within two weeks,
and it shall be held in a public place. At least seven days prior
to the public hearing, the Board shall advertise the hearing in a
newspaper of local circulation 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 the Town. [Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-9-4 The Moderator shall preside at any such hearing or designate
a professional neutral hearing officer. The rules of evidence shall
not apply to the removal hearing process and/or proceedings.[Amended 10-17-2022 ATM by Art. 27, approved 5-16-2023 Annual Town
Election, Question 24]
4-9-5 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. [Amended 5-13-2019 ATM, Art. 59, approved 6-23-2020
Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved
5-16-2023 Annual Town Election, Question 20]
4-9-6 Final removal of any Town Manager shall be effected by
the affirmative vote of at least three members of the Select Board
at a public meeting of the Board, the time and place of which are
announced, held within seven days of such hearing, if any. If no hearing
has been requested, final removal may be effected by an affirmative
vote of at least three members, at a meeting of the Board held not
earlier than fourteen days after the resolution is adopted initiating
the removal. The salary of the Town Manager shall be paid for a period
of sixty days after the vote effecting removal from office or in accordance
with the termination clause in his or her contract. [Amended
5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question
5; 5-9-2022 ATM
by Art. 63, approved 5-16-2023 Annual Town Election,
Question 20]
4-9-7 The Town Manager shall provide the Select Board with at
least ninety days notice of his or her resignation, provided, however,
that the Board may shorten or waive such requirement. [Amended
5-13-2019 ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question
5; 5-9-2022 ATM
by Art. 63, approved 5-16-2023 Annual Town Election,
Question 20]
4-10-1 When a vacancy arises in the office of the Town Manager
the Select Board shall advertise the vacancy as soon as possible.
The Board shall fill the vacancy as soon as possible but in any case,
within six months. [Amended 5-13-2019 ATM, Art. 59, approved
6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
[Amended 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual
Town Election, Question 20]
4-11-1 For absence of the Town Manager for up to fourteen calendar
days, the Select Board shall annually designate a Town employee to
temporarily assume the duties of Town Manager. [Amended 5-13-2019
ATM, Art. 59, approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
4-11-2 The Select Board shall designate, effective within 14
calendar days of any vacancy, a Town employee or other person to exercise
the powers and perform the duties of the Town Manager during a vacancy
caused by the temporary absence, suspension, removal, resignation
or death of the Town Manager. This designation shall be for a period
not to exceed ninety days, and it may be renewed, in the case of suspension,
removal, resignation, or death only once for an additional period
not to exceed ninety days. [Amended 5-13-2019 ATM, Art. 59,
approved 6-23-2020 Annual Town Election, Question 5; 5-9-2022 ATM by Art. 63, approved 5-16-2023 Annual Town Election, Question 20]
