[Adopted as Art. II, § 3, of the 2005 Bylaws]
The Board of Selectmen shall appoint a Town Administrator for
a term of one (1) year or three (3) years and fix his/her compensation
within the amount appropriated by the Town Meeting.
He/She need not be a resident of the Town or of the Commonwealth
of Massachusetts, but shall become a resident of the Town within one
(1) year of his/her appointment if the Board of Selectmen deems it
is in the best interest of the Town.
He/She shall be a person especially fitted by education, training
and/or previous experience in management or administration to perform
the duties of the office, and shall meet such other requirements as
the Board of Selectmen may specify.
A.
The Board of Selectmen may, by affirmative vote of four (4) members
of the five-member Board, or if the Board were to be reduced to three
(3) members, by affirmative vote of two (2) members, terminate and
remove or suspend the Town Administrator from his/her office.
B.
Before the Town Administrator may be removed, if he/she so demands,
he/she shall be given a written statement of the reasons alleged for
his/her removal and shall have a right to be heard publicly thereon
at a meeting of the Board of Selectmen prior to a final vote on his/her
removal, but pending and during such hearing and vote the Board of
Selectmen may suspend him/her from his/her office.
C.
The action of the Board of Selectmen in suspending or removing the
Town Administrator from office shall be final, it being the intention
of this provision to vest all authority and to fix all responsibility
for such suspension or removal solely in the Board of Selectmen.
D.
The Town Administrator shall continue to receive his/her salary until
the effective date of a final vote of removal unless the Board of
Selectmen, in a manner consistent with MGL c. 268A, § 25,
and/or other applicable law, makes a preliminary determination, after
informing the Town Administrator of the cause for consideration of
possible termination and removal or suspension and after hearing any
preliminary response or information which the Town Administrator wishes
to provide as to such cause, determines that it would be in the public
interest to suspend the Town Administrator without pay pending such
final vote, on condition that the Town Administrator shall be restored
to his/her position and made whole for any loss of compensation in
the event that the final vote is not to terminate and remove or suspend
the Town Administrator from office.
A.
It shall be the duty of the Town Administrator to see that the orders
and policies of the Board of Selectmen are carried out.
B.
The Town Administrator shall act by and for the Board of Selectmen
in any matter which they may assign to the Town Administrator relating
to the administration of the affairs of the Town or of any Town office
or department under the Board of Selectmen's supervision and control,
or, with the approval of the Board of Selectmen, may perform such
duties as may be requested of the Town Administrator by any other
Town officer, board, committee or commission.
C.
The Town Administrator, to the extent consistent with the duties as mentioned immediately above in Subsection B, and with other applicable law, shall act as the agent of the Board of Selectmen in supervising and directing other boards, committees, department heads and commissions of the Town. His/Her responsibilities in this regard shall include, but not be limited to, establishing and maintaining the efficient organization and operation of the Board of Selectmen's office and coordination of effective communication between and among such office and those of other boards, commissions, committees, officers and department heads of the Town.
D.
The Town Administrator shall oversee the general operations of the Board of Selectmen's office, shall directly supervise those employees, department heads, officials, boards commissions and committees who are subject to the direct supervision of the Board of Selectmen, shall serve as the intermediate administrative authority between the Board of Selectmen and the department heads and the other boards, committees and commissions of the Town referenced in Subsection C, immediately above, with respect to all matters, including those involving Town employees, to the extent not inconsistent with applicable collective bargaining agreements and the Town's Personnel Bylaw,[1] and shall serve as an advisor to all such department heads,
boards, committees and commissions as to employment, and other, matters.
E.
The Town Administrator shall make investigations, reports and recommendations
on such matters as the Board of Selectmen may require, and shall initiate,
coordinate, supervise and bear primary responsibility for the preparation
of an Annual Town Report.
F.
The Town Administrator shall receive, investigate and answer complaints
directed to the Board of Selectmen or refer them to the proper department
or departments for attention and, to the extent appropriate as determined
by the Board of Selectmen, shall keep the Board apprised of such complaints
and of the action which the Town Administrator has taken with respect
to same.
G.
The Town Administrator shall participate in the preparation of the
Town's annual budget with the assistance of department heads for those
departments, boards, committees or commissions and any Town office
under the Board of Selectmen's supervision and control. He/She shall
recommend the Town's annual budget to the Board of Selectmen, and
with its approval present such proposed budget to the Finance Committee.
He/She shall also be responsible for the development and annual updating
of the capital improvement program.
H.
The Town Administrator, on behalf of the Board of Selectmen, as the
employer under Massachusetts General Laws, Chapter 150E, and subject
to the Board's ratification, shall negotiate all collective bargaining
agreements with the exclusive representatives (i.e., unions) of all
organized employee bargaining units in the Town. The Town Administrator
shall seek and shall receive direction from the Board of Selectmen
prior to the commencement of any such negotiations, and shall provide
advice to the Board with respect to any and all issues relating to
the negotiations which in his/her opinion are important to protect
the best interests of the Town. The Town Administrator shall also
keep the Board advised in timely fashion with respect to all issues
discussed in the negotiations in timely fashion, which obligation
shall include, but shall not be limited to, the provision of reports
to the Board after the conclusion of each bargaining session and prior
to the next such session. No agreement shall bind the Town until and
unless ratified by majority vote of the Board of Selectmen, and no
agreement as to any cost item of same shall bind the Town until and
unless a Town Meeting has approved a request for an appropriation
necessary to fund the cost items of the contract, if any, all in accordance
with MGL c. 150E, § 7, and other applicable law.
I.
The Town Administrator may make recommendations to the Board of Selectmen, and subject to confirmation by the Board of Selectmen as to whom should be appointed to each of the appointive positions listed in Article I of this chapter. Subject to confirmation by vote of the Board of Selectmen, he/she shall have the power to rescind for cause, including excessive and unexcused absenteeism, any appointment made by the Board of Selectmen upon his/her recommendation to any board, commission, committee or position under authority of this bylaw, provided that the appointee shall first have been served with a written notice of the Town administrator's intention, specifying the reasons for the proposed removal, and informing the appointee of his/her right to be heard, if requested in writing, at a public meeting of the Board of Selectmen.
J.
The Town Administrator shall recommend to the Board of Selectmen,
after securing information from and the opinion of the department
head, as well as that of the Personnel Board, the compensation of
all Town officers and employees appointed by the Board of Selectmen
within the limits established by existing appropriations and Town
bylaws.
K.
The Town Administrator shall attend all regular meetings of the Board
of Selectmen unless excused, and shall have a voice but no vote in
all of its deliberations.
L.
The Town Administrator shall keep full and complete records of the
office of the Town Administrator and shall render, as often as may
be required by the Board of Selectmen, a full report of all operations.
M.
The Town Administrator shall keep the Board of Selectmen fully advised
as to the needs of the Town and shall recommend to the Board of Selectmen
for adoption such measures requiring action by them or by Town Meeting
as he/she may deem necessary or expedient.
N.
The Town Administrator shall see that the provisions of the General
Laws, the bylaws, votes of the Town Meeting and votes of the Board
of Selectmen which require enforcement by him/her or officers subject
to his/her direction and supervision are faithfully carried out.
O.
The Town Administrator may at any time inquire into the conduct of
any officer or employee or department, board or commission under his/her
jurisdiction.
P.
The Town Administrator shall attend all Special and Annual Town Meetings
unless excused from doing so by the Board of Selectmen and shall answer
all questions directed to him/her by the voters of the Town which
relate to his/her office or to any subject matter encompassed by,
arising out of or connected with his/her duties.
Q.
The Town Administrator shall also perform any and all other duties
and services required by the bylaws or assigned by the Board of Selectmen.
