The organization of the town into operating agencies for the provision of services and the administration of the government may be accomplished through either of the methods provided in this Article
5.
(a) By-Laws — Subject only to express prohibitions in the General Laws or the provisions of this charter, the representative town meeting may, by bylaw, reorganize, consolidate, create, merge, divide or abolish any town agency, in whole or in part, establish such new town agencies as it deems necessary or desirable, determine the manner of selection, the term of office and prescribe the functions of all such entities; provided, however, that no function assigned by this charter to a particular town agency may be discontinued or assigned to any other town agency unless this charter specifically so provides. Pursuant to subsection
(p) of section
4-2, functions assigned by this charter to appointed town agencies under the supervision of the town manager may, by by-law, be assigned to any other appointed town agency under the supervision of the town manager or to any board, commission, committee, department, position or office of any such agency.
(b) Administrative Organization Plan — The town manager, after
consultation with the select board, may from time to time prepare
and submit to an annual representative town meeting, plans of organization
or reorganization which establish operating divisions for the orderly,
efficient or convenient conduct of the business of the town.
Whenever the town manager prepares such a plan, the select board
shall hold at least 1 public hearing on the proposal giving notice
by publication in a local newspaper, which notice shall describe the
scope of the proposal and the time and place at which the hearing
shall be held, not later than 14 days following such publication.
Following such public hearing, the proposal, which may have been amended
subsequent to the public hearing, shall be submitted to the representative
town meeting by an appropriate warrant article. An organization or
reorganization plan shall become effective at the start of the next
fiscal year following the date of adjournment of the representative
town meeting at which the proposal is submitted unless the representative
town meeting shall, by a majority vote, vote to disapprove the plan.
The representative town meeting may vote only to approve or to disapprove
the plan and may not vote to amend or to alter it.
The town manager may, through the administrative organization plan and subject only to express prohibitions in the General Laws or this charter, reorganize, consolidate or abolish any town agency, in whole or in part, establish such new town agencies as is deemed necessary or desirable to the same extent as is provided in subsection
(a) of section
5-2 and, for such purpose, transfer the duties and powers and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriation of 1 town agency to another; provided, however, that no function assigned by this charter to a particular town agency may be discontinued or assigned to any other town agency unless this charter specifically so provides.
The town by-laws, administrative organization plan and any amendments
thereto, as well as the personnel staffing plan, shall be posted on
the town website and paper copies thereof shall be made available
in the office of the town clerk.
All appointments and promotions of town officers and employees
shall be made on the basis of merit and fitness, demonstrated by examination
or by other evidence of competence and suitability.