[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]