The executive powers of the town shall be vested solely in the
mayor, and may be exercised by the mayor either personally or through
the several town agencies under the general supervision and control
of the office of the mayor. The mayor shall cause the charter, the
laws, the ordinances and other orders for the government of the town
to be enforced and shall cause a record of all official acts of the
executive branch of the town government to be kept. The mayor shall
exercise a general supervision and direction over all town agencies,
unless otherwise provided by law, by the charter or by ordinance.
Each town agency shall furnish to the mayor, immediately upon request,
any information, materials or otherwise that the mayor may request
and that the needs of the office of mayor and the interest of the
town may require. The mayor shall supervise, direct and be responsible
for the efficient administration of all town activities and functions
placed under the control of the mayor by law, by this charter, by
ordinance or otherwise. The mayor shall be responsible for the efficient
and effective coordination of the activities of all agencies of the
town of Braintree and for this purpose shall have authority, consistent
with law, to call together for consultation, conference and discussion
at reasonable times all persons serving the town, whether elected
directly by the voters, chosen by persons elected directly by the
voters, or otherwise. The mayor shall be, by virtue of the office,
a member of every multiple-member body of the town, with the exception
of the school committee on which the mayor shall serve as the seventh
voting member. The mayor shall have a right, as an ex officio member,
to attend any meeting of any multiple-member body of the town, at
any time, including executive sessions, to participate in the discussions,
to make motions and to exercise every other right of a regular member
of such body, but not including the right to vote.
The mayor shall appoint, subject to the review of the appointments by the town council under section
2-10, all town officers, department directors and the members of multiple-member bodies for whom no other method of appointment or selection is provided by the charter, excepting only persons serving under the school committee, the Thayer Public Library Trustees, the Municipal Lighting Board, and persons serving under the town council. Except as may otherwise be required by the civil service law, appointments made by the mayor shall be for indefinite terms. All persons categorized as department directors shall, subject to the consent of the mayor, appoint all assistants, subordinates and other employees of the agency for which that person is responsible. All appointments and promotions made by the mayor shall be made on the basis of merit and fitness demonstrated by examination, past performance, or by other evidence of competence and suitability. Each person appointed to fill an office or position shall be a person especially fitted by education, training and previous work experience to perform the duties of the office or position for which chosen.
Whenever a vacancy, either temporary or permanent, occurs in
a town office and the needs of the town require that the office be
filled, the mayor may designate the head of another town agency or
a town officer or town employee, or some other person to perform the
duties of the office on a temporary basis until the position can be
filled as otherwise provided by law, by the charter or by ordinance.
The mayor shall file a certificate in substantially the following
form, with the town clerk, whenever a person is designated under this
section:
I designate (name of person) to perform the duties of the office
of (designate office in which vacancy exists) on a temporary basis
until the office can be filled by (here set out the regular procedure
for filling the vacancy, or when the regular officer shall return).
I certify that this person is qualified to perform the duties which
will be required and that I make this designation solely in the interests
of the town of Braintree.
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(signed)
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Mayor
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Persons serving as temporary officers under the authority of
this section shall have only those powers of the office essential
to the performance of the duties of the office during the period of
this temporary appointment. No temporary appointment shall be for
more than 90 days, and not more than one 30-day extension of a temporary
appointment may be made when a permanent vacancy exists in the office.
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Every order, ordinance, resolution or vote adopted or passed
by the town council relative to the affairs of the town, except memorial
resolutions, the selection of town officers by the town council and
any matters relating to the internal affairs of the town council,
shall be presented to the mayor for approval. If the mayor approves
of the measure, the mayor shall sign it; if the mayor disapproves
of the measure the mayor shall return the measure, with the specific
reason or reasons for such disapproval attached to it, in writing,
to the town council. The town council shall enter the objections of
the mayor on its records, and, not sooner than 10 days, nor later
than 30 days after the date of its return to the town council, shall
again consider the same measure. If the town council, notwithstanding
the disapproval by the mayor, shall again pass the order, ordinance,
resolution or vote by a two-thirds vote of the full council, it shall
then be considered in force, notwithstanding the failure of the mayor
to approve it. If the mayor has neither signed a measure nor returned
it to the town council within 10 days after the date it was presented
to the mayor, the measure shall be considered approved and in force.
The mayor may authorize any subordinate officer or employee
of the town to exercise any power or perform any function or any duty
which is assigned by this charter, or otherwise, to the mayor, and
the mayor may rescind or revoke any authorizations previously made,
but all acts performed under any delegation of authority during this
period of authorization shall be and remain the acts of the mayor.
Nothing in this section shall be construed to authorize a mayor to
delegate the power of appointment to town office or employment or
to sign or return measures approved by the town council.