The select board shall appoint the town manager to serve for a definite term of not more than 5 years and shall fix the compensation for such person, annually, within the amount appropriated by the representative town meeting. The town manager shall be appointed solely on the basis of demonstrated executive and administrative qualifications. The town manager shall be a person qualified by education, training and previous experience to perform the duties of the office. The town manager shall not have served in any elected office in the town government for at least 12 months prior to appointment. The representative town meeting may from time to time establish, by by-law, such additional qualifications as deemed necessary and appropriate. The town manager shall devote full time to the office and shall not hold any other public office, elective or appointive, and shall not be actively engaged in any other business or occupation during such service, unless the select board approves such action in advance and in writing. The select board shall provide for an annual review of the job performance of the town manager that shall, in summary form, be a public record.
The town manager shall be the chief administrative officer of the town, directly responsible to the select board for the administration of all town affairs for which the office of town manager is given responsibility under this charter. The powers and duties of the town manager shall include, but not be limited to, the following:
(a) 
to supervise, direct and be responsible for the efficient administration of all functions and activities for which the office of town manager is given authority, responsibility or control by this charter, by by-law, by the representative town meeting, by vote of the select board, or otherwise;
(b) 
(1) 
To appoint for periods not in excess of 5 years, subject to the civil service laws and of any collective bargaining agreements as may be applicable, all department heads, directors, principal deputies or principal agents of multiple member bodies other than those under the jurisdiction of the school committee and officers and positions for which no other method of appointment is provided in this charter; provided, however, that the town manager shall consult with the appropriate elected or appointed multiple member body prior to hiring a department head, director, principal deputy or principal agent for a particular department. Subject to civil service laws and any applicable collective bargaining agreements, all appointments made hereunder shall be for employment "at will", provided, that such employment may be for periods not in excess of 5 years, and shall become effective on the fifteenth day following the day on which notice of the appointment is filed with the select board; provided, however, that if within that period, the select board, by a vote of at least 3 of its members, shall vote to reject such appointment or has sooner voted to affirm it. Notwithstanding the preceding sentence with respect to the "at will" nature of employment, the town manager shall have authority to enter into employment contracts with the fire chief, police chief, and finance director that provide for other terms and conditions of employment, including dismissal. Copies of the notices of all such appointments shall be posted on the town bulletin boards when submitted to the select board.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
(2) 
To suspend or remove, any person appointed by the town manager under section 4-2(b)(1); provided, however, that if such person is the department head director, principal deputy or principal agent for a department for which policy is set by an elected or appointed multiple member body, the town manager shall, except in circumstances in which the best interest of the town require immediate action, first consult with such body with respect to such suspension or removal. The decision of the town manager in suspending or removing any person appointed by the town manager shall be final.
(c) 
to be entrusted with the administration of a town personnel system, including, but not limited to, personnel policies and practices, rules and regulations, including provisions for an annual employee performance review, personnel by-laws and collective bargaining agreements entered into by the town. The town manager shall also prepare and keep current a plan establishing the personnel staffing requirements for each town agency, except the school department.
(d) 
to fix the compensation of all appointed officers and employees within the limits established by appropriations of the representative town meeting;
(e) 
(1) 
to attend all regular and special meetings of the select board unless unavailable for reasonable cause and shall have a voice, but no vote, in all of its proceedings;
(2) 
to keep the select board fully advised concerning the status of all matters which have been referred to the office of the town manager by the select board by providing to its members for review at each regular meeting of the select board a full and complete summary of all activity conducted by the office of the town manager since the last meeting of the select board;
(f) 
to assure that full and complete records of the financial and administrative activities of the town are kept and to render, as often as may be required by the select board, a full report of all town administrative operations during the period reported on, which report shall be made available to the public;
(g) 
to keep the select board fully advised as to the needs of the town and shall recommend to the select board and to other elected town officers and agencies for adoption such measures requiring action by them or the representative town meeting as the town manager may deem necessary or desirable;
(h) 
to have full jurisdiction over the rental and use of all town facilities and property except property under the control of the school committee or the conservation commission; provided, however, that the town manager shall be responsible for the maintenance and repair of all town buildings and facilities placed under the town manager's control by this charter, by by-law, by vote of the representative town meeting or otherwise;
(i) 
to prepare and present, in the manner provided in Article 5A, an annual operating budget for the town and a proposed capital outlay program for the 5 fiscal years next ensuing.
(j) 
to assure that a full and complete inventory of all property of the town, both real and personal, is kept, including all property under the jurisdiction of the school committee.
(k) 
to negotiate all contracts involving any subject within the jurisdiction of the office of town manager, including contracts with town employees, except employees of the school department, involving wages, hours and other terms and conditions of employment; provided, however, that all such contracts shall be subject to ratification and execution by the select board;
(l) 
to serve as the chief procurement officer for purposes of chapter 30B of the General Laws and be responsible for purchasing all supplies, material and equipment for all departments and activities of the town, including execution of contracts therefor; provided, however, that the town manager shall examine, or cause to be examined, the quantity, quality and condition of all supplies, material and equipment delivered to or received by any town agency; and provided further, that the town manager shall be responsible for the disposal of all supplies, material and equipment that have been declared surplus by any town agency;
(m) 
to see that all of the provisions of the General Laws, this charter, town by-laws and other votes of the representative town meeting and votes of the select board which require enforcement by the town manager or officers subject to the direction and supervision of the town manager are faithfully executed, performed or otherwise carried out;
(n) 
to inquire, at any time, into the conduct of office or performance of duties of any officer or employee, department, board, commission or other town agency;
(o) 
to attend all sessions of all town meetings and answer all questions raised by persons recognized by the moderator which relate to warrant articles and to matters over which the town manager exercises any supervision;
(p) 
to create, reorganize, expand, consolidate or abolish, in the manner provided in Article 5, town agencies serving under the supervision of the town manager, in whole or in part, and provide for reassignment of powers, duties, functions and responsibilities with and among such agencies so created or existing, notwithstanding any specific designation of a town agency or any specific assignment of powers, duties, functions and responsibilities within this charter; provided, however, that for the purposes of said Article 5, functions assigned by this charter to appointed town agencies under the supervision of the town manager may be assigned to any other agency under the supervision of the town manager or to any board, commission, committee, department, position or office of any such agency in the manner provided in said Article 5;
(q) 
to coordinate the activities of all town agencies serving under the office of town manager and the office of select board with those under the control of other officers and multiple member bodies elected directly by the voters; provided, however, that for the purpose of effecting coordination and cooperation among all agencies of the town, the town manager may require the persons so elected, or their representatives, to meet with the town manager, at reasonable times, to submit such reports and summaries of actions taken as may be deemed to be necessary or desirable to have available for the purpose of such coordination; and
(r) 
to perform any other duties as are required to be performed by the town manager by the town by-laws, administrative organization plan, votes of the representative town meeting, votes of the select board or otherwise.
(s) 
To supervise and direct all appointed department heads, directors, principal deputies and principal agents of elected and appointed multiple-member bodies, with respect to the day-to-day operational and administrative matters, in a manner consistent with the town's personnel by-laws and policies and, if applicable, contracts or collective bargaining agreements. The town manager shall, in connection therewith, provide for an annual review of such department heads, directors, principal deputies and principal agents with respect to day-to-day operational and administrative matters, following consultation with the respective multiple-member body or its designee.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
The town manager may authorize any subordinate officer or employee to exercise any power or perform any function or duty which is assigned to the office of town manager, provided, however, that all acts performed under any such delegation shall be deemed to be the acts of the town manager.
(a) 
Temporary Absence — By letter filed with the town clerk, the town manager shall designate a qualified town administrative officer or employee to exercise the powers and perform the duties of town manager during a temporary absence. During a temporary absence, the select board shall not revoke such designation until at least 10 working days have elapsed, whereupon it may appoint another qualified town administrative officer or employee to serve until the town manager returns.
(b) 
Vacancy — Any vacancy in the office of town manager shall be filled as soon as possible by the select board in the manner provided in section 4-1; provided, however, that pending such regular appointment, the select board shall appoint a qualified town administrative officer or employee to perform the duties of the office on an acting basis. Such temporary appointment shall not exceed 6 months but 1 renewal may be voted by the select board not to exceed a second 6 months. Compensation for such person shall be set by the select board but shall not exceed the compensation paid to the most recent incumbent of the office of town manager.
(c) 
Powers and Duties — The powers of a temporary or acting town manager, under section 4-4 shall be limited to matters not admitting of delay and shall include authority to make temporary, emergency appointments or designations to town office or employment but not to make permanent appointments or designations.
The select board by the affirmative votes of at least 3 members may terminate, remove or suspend the town manager from office; provided, however, that further conditions applicable to termination, removal and suspension may be addressed by the terms of any contract between the select board and the town manager.