A.
Adoption of personnel rules and regulations. The Board of Selectmen
is authorized from time to time to adopt personnel rules and regulations
which, subject to the review by Town Counsel, are to be used as employment
guidelines for all employees of the Town except the School Department.
B.
Suits and claims. The Selectmen shall have full authority, as agents
of the Town, to prosecute, defend, or compromise all litigation to
which the Town is a party unless it is otherwise specifically ordered
by a vote of the Town at a meeting called for that purpose. However,
settlement shall not be made by a payment of more than $10,000 in
any case without a vote of the Town.
C.
Executing deeds and other instruments. Whenever it shall be necessary
to execute any deed conveying land or to execute any other instrument
effectuating any vote of the Town, the same shall be executed by the
Selectmen, or a majority of the Board of Selectmen, in the name of
the Town, unless the Town shall otherwise vote in any special case.
The Board of Selectmen shall annually appoint an Animal Control
Officer.
The duties of the Moderator, not prescribed by statutes or these
bylaws, shall be determined by the general rules of parliamentary
law, so far as they may be adopted pursuant to Town Meetings.
The office of Town Treasurer shall be combined with the office
of Town Tax Collector so that there shall be one office, that of Treasurer/Collector;
and this office shall be filled by an annual appointment by the Board
of Selectmen.
The Town shall indemnify elected or appointed officers or employees
either serving full- or part-time, temporary or permanent, compensated
or uncompensated, from personal financial loss and expenses, including
legal fees and costs, if any, in an amount not to exceed $1,000,000
arising out of any claim, action, award, compromise, settlement or
judgment by reason of an intentional tort, or by reason of any act
or omission which constitutes a violation of the civil rights of any
person under any federal or state law, if such employee or official
at the time of such intentional act or such act or omission was acting
within the scope of his official duties or employment. No such employee
or official shall be indemnified under this bylaw for violation of
any civil rights if he/she acted in a grossly negligent, willful or
malicious manner.
[Added 5-9-2016 ATM by Art. 7]
A.
Appointment; term of office. The Town Administrator shall be appointed
by the Board of Selectmen for a term not to exceed three years, as
the Board may determine, and may be appointed for successive terms
of office.
B.
Compensation. The Board of Selectmen shall set the compensation for
the Town Administrator, not to exceed an amount appropriated by the
Town Meeting.
C.
Qualifications.
(1)
The Town Administrator shall be appointed on the basis of his/her
educational, executive and administrative qualifications and experience.
(2)
The Town Administrator shall devote full time to the duties of said
office and shall not engage in any other business or occupation during
the term of his employment by the Town.
(3)
The Town Administrator shall hold no elective office during his/her
tenure as Town Administrator, but the Board of Selectmen may appoint
the Town Administrator to any nonelective office or position consistent
with the responsibilities of the Town Administrator.
(4)
The Board of Selectmen may from time to time establish additional
qualifications for the office of Town Administrator. To the extent
permitted by law, the terms of the Town Administrator's employment
may be the subject of a written agreement between the parties setting
forth the length of service, compensation, vacation, sick leave, benefits,
and such other matters, excluding tenure, as are customarily included
in an employment contract.
(5)
Before entering upon his/her duties, the Town Administrator shall
be sworn to the faithful and impartial performance thereof by the
Town Clerk.
D.
General duties. The Town Administrator shall:
(1)
Be responsible for coordination of operational and strategic planning
for the Town.
(2)
Supervise and direct the efficient and responsible administration
of all officers and employees appointed by the Town Administrator
and/or Board of Selectmen and their respective offices and departments,
and of all functions for which the Town Administrator is given responsibility
by the Board of Selectmen, the laws of the Commonwealth, and bylaws
passed by Town Meeting.
(3)
Subject to any applicable provisions of the General Law relating
thereto, may assume, temporarily, the duties of any office which the
Administrator is authorized to fill by appointment.
(4)
Be responsible for administration of the personnel plan, including
personnel evaluation policies, practices, enforcement of labor contracts,
labor relations, and state and federal equal opportunity law compliance
functions of the Town.
(5)
Keep full and complete records of the office and annually submit
to the Board of Selectmen, unless requested to do so more frequently,
a full written report of the operations of the office of Town Administrator.
The Town Administrator may also prepare reports to boards and committees
and for Town Meeting.
(6)
Advise the Selectmen of all matters requiring action by them or the
Town.
(7)
Attend all regular and special meetings of the Board of Selectmen,
unless excused, and shall have a voice but no vote in all of its discussions.
(8)
Attend all sessions of the Town Meetings and shall answer all questions
directed at him or her relating to Town affairs.
(9)
Be responsible for the negotiation of all contracts which are subject
to execution by the Board of Selectmen.
(10)
Administer, either directly or through a person or persons appointed
by him, in accordance with this bylaw, all provisions of general and
special laws applicable to said Town, all bylaws, and all regulations
established by the Board of Selectmen.
(11)
Oversee the activities of the Town Counsel under the direction of
the Board of Selectmen.
(12)
Receive and address citizens' complaints and problems.
(13)
Be responsible for the management of all Town insurance programs.
(14)
Represent the Town at local, state and regional meetings and undertake
public relations activities under the direction of the Board of Selectmen.
(15)
Perform such other duties consistent with the office, as may be required
of the Administrator by bylaw or by vote of the Board of Selectmen
or Town Meeting.
(16)
Have access to all municipal books, papers, and documents or information
necessary for the proper performance of the duties of the Town Administrator.
The Town Administrator may, without notice, cause the affairs of any
division or department under the Administrator's supervision or the
job-related conduct of any officer or employee thereof to be examined.
(17)
To perform any other duties as are required to be performed by the
Town Administrator by votes of the Town Meeting, or votes of the Board
of Selectmen, or otherwise.
E.
Financial duties. The Town Administrator shall:
(1)
Be the Chief Administrative Officer of the Town and shall be responsible
to the Board of Selectmen for the effective management of all Town
affairs placed in the Administrator's charge by this bylaw, the Board
of Selectmen or vote of Town Meeting and the implementation of Town
policies placed in the Administrator's charge by the Board of Selectmen.
(2)
Be responsible for the design and preparation of the municipal budget,
filing grant applications, and controlling budget expenditures, including
approval of the warrants for the payment of Town funds prepared by
the Town Accountant. Without limiting the generality of the foregoing,
the Town Administrator shall have the following specific budgetary
powers:
(a)
The Town Administrator shall submit to the Board of Selectmen
a written proposed budget for Town government for the ensuing fiscal
year, including the budget as proposed by the School Department. The
proposed budget shall detail all estimated revenue from all sources,
and all proposed expenditures, including debt service for the previous,
current, and ensuing years. It shall include proposed expenditures
for both current operations and capital projects during the ensuing
year, detailed by agency, department, committee, purpose, and position,
together with proposed financing methods; and the proposed budget
shall include estimated surplus revenue and free cash available at
the close of the fiscal year, including estimated balances in special
accounts. The Town may establish additional financial information
and reports to be provided by the Town Administrator.
(b)
The Town Administrator shall report on the probable amount required
to be levied and raised by taxation to defray all expenses and liabilities
of the Town together with an estimate of the tax rate necessary to
raise such amount.
(c)
The calendar dates on or before which the proposed budget, revenue
statement, and tax rate estimate are to be submitted to the Board
of Selectmen, and the budget presented by the Town Administrator to
the Finance Committee, will be set by the Board of Selectmen with
the advice of the Town Administrator.
(d)
To assist the Town Administrator in preparing the proposed annual
budget of revenue and expenditures, all boards, officers, and committees
of the Town, including the School Committee, shall furnish all relevant
information in their possession and submit to the Town Administrator,
in writing, a detailed estimate of the appropriations required and
available funds.
(e)
The Town Administrator shall submit annually to the Board of
Selectmen and the Finance Committee a five-year capital improvements
program to include:
[1]
A list of all capital improvements proposed to be undertaken
during the next five years, together with supporting data;
[2]
Cost estimates, methods of financing, and recommended time schedule;
[3]
The estimated annual cost of operating and maintaining any facility
to be constructed or acquired; and
[4]
Other information that may be required from time to time.
F.
Purchases by Town Administrator.
(1)
The Town Administrator shall be the Chief Procurement Officer and
be responsible for purchasing all supplies, materials and equipment,
and shall award all contracts for all departments and activities of
the Town under his/her supervision; and he/she shall make all purchases
for departments and activities not under his/her supervision but not
including the School Department, or library books and related printed
and audio-visual materials for the public library. Purchases for departments
and activities not under his/her supervision shall be made only upon
and in accordance with a requisition duly signed by the head of any
such department.
(2)
All purchases or contracts shall be made in accordance with MGL c.
30B; MGL c. 30, § 39; and MGL c. 149, as amended; and any
and all other applicable statutes.
(3)
All contracts for services negotiated by the Town Administrator shall
be ratified by a majority vote of the Board of Selectmen.
G.
Powers to appoint.
(1)
The Board of Selectmen may request that the Town Administrator recommend
candidates to the Board of Selectmen for appointment to Town offices
for which the Board is the appointing authority.
(2)
The Town Administrator shall have the power to appoint on merit and
fitness alone the Inspector of Wires and such other individual Town
officers and employees, for whom appointment is not otherwise provided
by the General Laws or Bylaws.
(3)
The Town Administrator shall have the power to remove any official
or employee appointed by the Town Administrator for cause after notice
and, at the request of the employee or official, a hearing.
(4)
The Town Administrator shall supervise the boards, committees, commissions
and employees that the Administrator appoints, and, at the request
of the Board of Selectmen, those appointed by the Board of Selectmen.
H.
Removal of Town Administrator. The Board of Selectmen may terminate
the Town Administrator for cause after notice and, at the request
of the Town Administrator, a hearing.
[Added 5-9-2016 ATM by
Art. 7]
A.
Temporary absence. By letter filed with the Town Clerk, the Town
Administrator shall recommend a qualified Town administrative officer
or employee who, with the approval of the Board of Selectmen, shall
exercise the powers and perform the duties of Town Administrator during
a temporary absence. The Board of Selectmen may not revoke such designation
until at least 10 working days have elapsed.
B.
Acting Town Administrator. After the Town Administrator has been
absent for at least 10 working days, the Board of Selectmen may appoint
as an Acting Town Administrator any qualified Town administrative
officer or employee or other qualified person to serve until the Town
Administrator shall return. The term of service of an acting Town
Administrator may not exceed six months, but one additional renewal
not to exceed three months may be approved by vote of the Board of
Selectmen. Compensation for such person shall be set by the Board
of Selectmen.
C.
Vacancy. Upon the creation of a vacancy due to the permanent absence
or disability of the Town Administrator rendering the Administrator
unable to perform the duties of the office or the removal or resignation
of the Town Administrator, the Board of Selectmen shall forthwith
fill the vacancy.
D.
Powers and duties. The powers of a temporary or acting Town Administrator under Subsections A and B above 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.
