[Amended ATE 5-15-2007, Question 12]
A. 
The Select Board, by an affirmative vote of at least four (4) members, shall appoint a Town Manager for an indefinite term to serve at its pleasure.
[Amended ATE 5-19-2020, Question 3]
B. 
In its search for a Town Manager, the Select Board shall advertise in the International City Management Association (I.C.M.A.) Newsletter or similar professional publication and in at least two (2) newspapers having statewide or regional circulation.
[Amended ATE 5-19-2020, Question 3]
C. 
No person who has held any at-large elective office in the Town of Falmouth at any time during the preceding two (2) years shall be eligible for the position of Town Manager.
A. 
The Town Manager shall be appointed on the basis of educational, executive and administrative qualifications and experience. The educational qualifications shall consist of a master's degree, preferably in public or business administration, granted by an accredited degree-granting college or university. The professional experience shall include at least three (3) years of prior full-time compensated executive service in public or business administration. Alternatively, five (5) years or more of such professional experience and a bachelor's degree in an appropriate discipline shall qualify any applicant. Seven (7) years or more of prior full-time compensated service in public or business administration shall also qualify any applicant.
B. 
The Town Manager need not be a resident of the Town when appointed but shall establish a place of residence in the Town of Falmouth within eight (8) months of the date of appointment, unless excused by vote of the Select Board.
[Amended ATE 5-19-2020, Question 3]
C. 
The Town Manager shall not be a part of the classified personnel system of the Town.
[Amended ATE 5-19-2020, Question 3]
A. 
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 Laws, this Charter or bylaw under the control of the Select Board and the Town Manager. The Manager shall implement the goals and carry out the policies of the Select Board. The Manager, pursuant to procedures set by the Select Board [C3- 3A], shall assure that the actions of Town agencies are evaluated for consistency with the Local Comprehensive Plan, the Strategic Plan and the Capital Improvement Plan.
[Amended ATE 5-18-2021, Question 4
B. 
The Manager shall devote full working time to the office and shall neither become a candidate for, or hold, any elective office during the term of appointment nor engage in any business activity during the term, except with the written consent of the Select Board. The Manager shall:
(1) 
Attend all meetings of the Select Board, except when excused, and shall have the right to speak but not to vote.
(2) 
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.
(3) 
Administer the budget and ensure that funds appropriated therefor are expended in accordance with General Laws, this Charter and bylaw.
(4) 
Inform the Select Board on all departmental operations, fiscal affairs, general problems and administrative actions, and to this end shall submit periodic reports to the Board.
(5) 
Keep the Board informed on the availability of state and federal funds and how such funds might possibly relate to short-range and long-range needs and goals.
(6) 
Solicit and prepare applications for grants.
(7) 
Be responsible for the purchasing of all supplies, materials and equipment for the Town, except those of the School Department and the Town Library, unless so requested, respectively, by the School Committee or the Library Trustees.
(8) 
Be responsible for overseeing the enforcement of zoning, acting through an enforcement agent.
(9) 
Develop, keep and annually update a full and complete inventory of all real and personal property of the Town, except school property.
(10) 
Possess the right to attend and speak at any regular meeting of any Town governmental body.
(11) 
Negotiate collective bargaining contracts on behalf of the Select Board, unless the Manager, with the approval of the Select Board, shall have designated another negotiator or negotiating team. All such contracts shall be subject to the approval of the Select Board.
(12) 
Perform such other duties as assigned by Charter, bylaw, or vote of the Representative Town Meeting or of the Board of Selectmen.
A. 
Subject to the approval of the Select Board granted within ten (10) working days, the Town Manager shall appoint on the basis of fitness and merit alone, an Assistant Town Manager, a Town Planner, a Town Counsel, a Finance Director, a Director of Personnel and other department and division heads. The failure of the Select Board to act within ten (10) working days shall constitute approval of the Town Manager’s action. The Town Manager may suspend or remove any person so appointed consistent with the General Laws, this Charter or the bylaws of the Town.
[Amended ATE 5-15-2007, Question 10; ATE 5-21-2013; ATE 5-19-2020, Question 3]
B. 
Any person appointed to a position enumerated in Subsection A need not be a resident of the Town when appointed but shall establish a place of residence in the Town of Falmouth within eight (8) months of the date of appointment, unless excused by vote of the Select Board.
[Amended ATE 5-19-2020, Question 3]
C. 
Additionally, and except as otherwise mandated by General Laws, this Charter, collective bargaining contract, personnel bylaw or vote of the Town Meeting, the Town Manager shall appoint on the basis of merit and fitness alone and may suspend or remove any appointed Town official and full-time or part-time employee. In the case of an employee who reports to a governmental body, any action under this clause shall be taken only after consultation with the governmental body to whom the person reports.
A. 
The Town Manager, acting through the Director of Personnel, shall administer and enforce collective bargaining contracts, personnel bylaws, rules and regulations adopted by the Town.
B. 
The Town Manager, acting through the Director of Personnel, shall from time to time propose, and the Select Board may adopt, with or without amendment, personnel regulations and rules relating to all Town positions, except those covered by collective bargaining contracts and those of the School Department. Such regulations shall provide for:
[Amended ATE 5-19-2020, Question 3]
(1) 
The classification of positions, based on duties, responsibilities and authority of each position with adequate provision for reclassification of any position whenever warranted by changed circumstances.
(2) 
Salary and pay plan for all positions subject to Town Meeting vote.
(3) 
Methods of determining the merit and fitness of candidates for appointment and promotion.
(4) 
Policies and procedures regulating reduction in force and removal of employees.
(5) 
Hours of work, attendance regulations, and provisions for sick, vacation, military, and other leave.
(6) 
Policies and procedures governing persons holding provisional appointments.
(7) 
Policies and procedures governing relationships with employee organizations.
(8) 
Policies regarding in-service training programs.
(9) 
Grievance procedures, including procedures for the hearing of such grievances.
(10) 
Such other practices and procedures as may be necessary for the administration of the personnel system.
[Amended ATE 5-21-2013]
A. 
The administrative functions of Town government shall be performed within the organizational framework of several departments, divisions thereof and other administrative organizations as determined by the Town Manager.
B. 
The Town Manager shall determine the functions, duties and responsibilities of departments, divisions and other administrative organizations.
C. 
The Town Manager, with the approval of the Select Board, may directly supervise any department, division and other administrative organization; provided, however, such additional duties shall be performed without additional compensation.
[Amended ATE 5-19-2020, Question 3]
[Amended ATE 5-19-2020, Question 3]
A. 
With the approval of the Select Board,, the Town Manager may establish, reorganize, consolidate or abolish any division, department or position placed by this Charter or vote of the Select Board, under the Manager's direction and supervision, except as otherwise provided by General Law or this Charter.
B. 
The creation of any additional permanent, compensated position shall require approval by the affirmative vote of four (4) members of the Select Board,, and such action shall not be effective until the position has been funded by a vote of the Town Meeting.
[Amended ATE 5-19-2020, Question 3]
Warrants or vouchers for the payment of Town funds, prepared and signed by the Town Accountant in accordance with General Law procedures, shall be submitted to the Town Manager. The approval of the Manager on such warrants shall be sufficient authorization for payment by the Treasurer; provided, however, that at least three (3) Select Board members shall approve all warrants in the Town Manager's absence or in the event of a vacancy in the office of Town Manager.
A. 
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 ATE 5-19-2020, Question 3]
B. 
A copy of the evaluation shall be provided to the Town Manager.
A. 
The Select Board, by the affirmative vote of at least three (3) members, may initiate the removal of the Town Manager by adopting a resolution to that effect, provided that no such resolution shall be adopted within ninety (90) days following any Town election that has resulted in a change in the incumbents on the Board. The resolution shall state the reasons for the proposed removal and shall be adopted only at a regular scheduled public meeting and in open session.
[Amended ATE 5-19-2020, Question 3]
B. 
The adoption of said resolution shall serve to suspend the Town Manager for not more than forty-five (45) 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 the Manager's place of residence.
C. 
Within five (5) days following receipt of such resolution, the Town Manager may file with the Select Board and the Town Clerk a written request for public hearing. Upon receiving such a request, the Board shall schedule a hearing within two (2) weeks, and it shall be held in a public place. At least seven (7) 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 at least four (4) public places in the Town.
[Amended ATE 5-19-2020, Question 3]
D. 
The Moderator shall preside at any such hearing.
E. 
At any such hearing, the reasons for the removal shall first be read aloud. The Town Manager shall have the right to respond, personally or through counsel. The Select Board and the Town Manager shall have the power to call and cross-examine witnesses and to subpoena any and all Town records.
[Amended ATE 5-19-2020, Question 3]
F. 
Final removal of any Town Manager shall be effected by the affirmative vote of at least three (3) members of the Select Board at a public meeting of the Board, the time and place of which are announced, held within seven (7) 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 (3) members, at a meeting of the Board held not earlier than fourteen (14) days after the resolution is adopted initiating the removal. The salary of the Town Manager shall be paid for a period of sixty (60) days after the vote effecting removal from office.
[Amended ATE 5-19-2020, Question 3]
[Amended ATE 5-19-2020, Question 3]
The Town Manager shall provide the Select Board with at least ninety (90) days' notice of an intended resignation; provided, however, that the Board may shorten or waive such requirement.
[Amended ATE 5-19-2020, Question 3]
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, preferably within six (6) months.
[Amended ATE 5-15-2007, Question 11; ATE 5-21-2013; ATE 5-19-2020, Question 3]
A. 
The Assistant Town Manager shall perform the duties and responsibilities of the Town Manager during any period when the Town Manager is unable to perform the duties of the office of the Town Manager. If the Assistant Town Manager is also absent or unable to perform, the Select Board shall designate a competent and qualified person, preferably a Town employee, to serve on an acting basis at the will of the board until the Town Manager or the Assistant Town Manager returns to office. No member of the Select Board shall serve in this capacity. The Select Board shall make the appointment at a duly noticed open meeting and shall file written notice thereof with the Town Clerk.
B. 
The Assistant Town Manager shall perform the duties and responsibilities of the Town Manager during any vacancy in the office of Town Manager. If the Assistant Town Manager is unable to perform, the Select Board shall designate a competent and qualified person to serve on an interim basis at the will of the Board until a permanent Town Manager has been appointed and sworn to the office. No member of the Select Board shall serve in this capacity. The Select Board shall make the appointment at a duly noticed open meeting and shall file written notice thereof with the Town Clerk.