[Amended 10-21-2019 FTM by Art. 3]
The Select Board shall appoint a Town Manager from a list prepared by a screening committee in accordance with Section 4-6. The Select Board shall appoint the Town Manager to serve for an indefinite term and shall fix the compensation for such person, annually, within the amount appropriated by the Town. 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. A Town Manager need not be a resident of the Town or of the Commonwealth at the time of appointment, nor at any time during the period of such service. The Town Manager shall not have served as a member of the Select Board in the Town government for at least 12 months prior to appointment. The Town may from time to time establish, by bylaw, such additional qualifications as seem necessary and appropriate.
The Town Manager shall devote full time to the office and shall
not hold any other public office, elective or appointive, nor be actively
engaged in any other business or occupation during such service, unless
such action is approved in advance and in writing by the Select Board.
The Select Board shall provide for an annual review of the job
performance of the Town Manager which shall, at least in summary form,
be a public record.
[Amended 1-25-2016 STM by Art. 2; 10-21-2019 FTM by Art. 3]
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 by or under this Charter. The powers and duties of
the Town Manager shall include, but are not intended to 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
bylaw, by Town Meeting vote, by vote of the Select Board, or otherwise.
(b)
To appoint, and in appropriate circumstances to remove, subject to
the provisions of the civil service law and of any collective bargaining
agreements as may be applicable, all department heads, officers, members
of boards and commissions and employees for whom no other method of
selection is provided by this Charter. Such appointments shall become
effective on the 15th day following the day on which notice of the
appointment is filed with the Select Board, unless, within that period,
four members of the Select Board shall vote to reject such appointment,
or a majority has sooner voted to affirm it. Copies of the notices
of all such appointments shall be posted on the Town bulletin boards
when submitted to the Select Board.
(c)
To appoint, subject to the approval of the Select Board in accordance with the procedure set forth in Section 4-2(b), the following Town officers:
[Amended 6-7-2022 ATM by Art. 15]
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a Police Chief and police officers
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a Fire Chief and other firefighters
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a Town Treasurer/Collector
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an assistant to the Town Manager
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a Communications Supervisor
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a Water and Sewer Superintendent
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a Highway Superintendent
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a Town Planner
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an Assistant Assessor
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a Conservation Agent
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a Health Agent
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an Inspector of Milk and Dairy
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a Town Nurse
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an Emergency Management Director
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an Inspector of Buildings
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a Wiring Inspector
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a Gas Inspector
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a Plumbing Inspector
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a Veteran's Agent
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a Veteran's Grave Officer
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a Human Resources Director
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a Recreation Director
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an Animal Control Officer
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an Animal Inspector
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a Sealer of Weights and Measures
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a Tree Warden
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a Town Historian
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a Town Clerk
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a Department of Public Works Director
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(d)
To be entrusted with the administration of a Town personnel system,
including, but not limited to, personnel policies and practices, rules
and regulations, provisions for an annual employee performance review,
personnel bylaw 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.
(e)
To fix the compensation of all officers and employees appointed by
the Town Manager within the limits established by appropriations.
(f)
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.
(g)
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, but not less than quarterly, a full report of
all Town administrative operations during the period reported on,
which report shall be made available to the public.
(h)
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 by the Town Meeting as the Town Manager may deem necessary
or expedient.
(i)
To have full jurisdiction over the rental and use of all Town facilities
and property except property under the control of the School Committee,
the Board of Library Directors, or the Conservation Commission. 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 bylaw, by vote of the Town or otherwise.
(j)
To prepare and present, in the manner provided in Article 6, an annual operating budget for the Town and a proposed capital outlay program for the five fiscal years next ensuing.
(k)
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.
(l)
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. The Town Manager may
utilize other professional services, including legal counsel, to participate
in any or all contract negotiations under the Town Manager's jurisdiction.
Members of the Select Board may attend negotiation sessions,
but only as observers. Members of the Select Board may not directly
participate in collective bargaining sessions. Attendance by members
of the Select Board shall be limited in such a way that no more than
two designated members of the Board will have attended any or all
of the negotiations sessions leading to a particular collective bargaining
agreement. All contracts shall be subject to ratification and execution
by the Select Board.
(m)
To be responsible for purchasing all supplies, material and equipment
for all departments and activities of the Town, but not including
food for schools, school and library books and other instructional
material, supplies and equipment, unless otherwise specifically requested
by the School Committee or the Library Trustees, as appropriate. 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, except schools and libraries. The
Town Manager shall be responsible for the disposal of all supplies,
material and equipment which have been declared surplus by any Town
agency.
(n)
To see that all of the provisions of the general laws, of this Charter,
Town bylaws and other votes of the 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.
(o)
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, whether appointed or elected.
(p)
To attend all sessions of all Town Meetings and answer all questions
raised by voters which relate to warrant articles and to matters over
which the Town Manager exercises any supervision.
(q)
To reorganize, 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, provide for new Town agencies and provide for a reassignment of powers, duties and responsibilities among such agencies so established or existing.
(r)
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. For this purpose, the Town Manager shall have authority
to require the persons so elected, or their representatives, to meet
with the Town Manager, at reasonable times, for the purpose of effecting
coordination and cooperation among all agencies of the Town.
(s)
To perform any other duties as are required to be performed by the
Town Manager by bylaws, administrative code, votes of the Town Meeting,
or votes of the Select Board, or otherwise.
(t)
All actions taken by the Town Manager pursuant to the above stated
authority shall be subject to review by the Select Board, which may,
by the affirmative vote of four members taken within 30 days following
the particular action, order any such action to be rescinded.
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 at all times be deemed to be the acts
of the Town Manager.
[Amended 10-21-2019 FTM by Art. 3]
(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 may 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 shall return.
(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, but, 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 may not exceed 90 days, but one renewal may be voted by the Select Board not to exceed a second 90 days. Compensation for such person shall be set by the Select Board.
(c)
Powers and duties. The powers of a temporary or acting Town Manager,
under (a) and (b) above, shall be limited to matters which, if delayed,
would result in the inability of Town government to function properly
and efficiently. Such authority shall include, but not be limited
to, the making of temporary, emergency appointments or designations
only to Town offices or positions, and preparation of a budget in
accordance with applicable provisions of this Charter.
[Amended 10-21-2019 FTM by Art. 3]
The Select Board, by the affirmative votes of four members,
may terminate and remove, or suspend, the Town Manager from office
in accordance with the following procedure.
(a)
The Select Board shall adopt a preliminary resolution of removal
by the affirmative vote of four of its members which must state the
reason or reasons for removal. This preliminary resolution may suspend
the Town Manager for a period not to exceed 45 days. A copy of the
resolution shall be delivered to the Town Manager forthwith.
(b)
Within five days after receipt of the preliminary resolution, the
Town Manager may request a public hearing by filing a written request
for such hearing with the Select Board. This hearing shall be held
at a meeting of the Select Board not later than 30 days after the
request is filed nor earlier than 20 days. The Town Manager may file
a written statement responding to the reasons stated in the resolution
of removal with the Select Board, provided the same is received at
its office more than 48 hours in advance of the public hearing.
(c)
The Select Board may adopt a final resolution of removal, which may
be made effective immediately, by the affirmative votes of four of
its members not less than 10 nor more than 21 days following the date
of delivery of a copy of the preliminary resolution to the Town Manager,
if the Town Manager has not requested a public hearing; or within
10 days following the close of the public hearing if the Town Manager
has requested one. Failure to adopt a final resolution of removal
within the time periods as provided in this section shall nullify
the preliminary resolution of removal and the Town Manager shall,
at the expiration of said time, forthwith resume the duties of the
office.
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The Town Manager shall continue to receive a salary until the
effective date of a final resolution of removal.
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The action of the Select Board in suspending or removing the
Town Manager shall be final, it being the intention of this provision
to vest all authority and fix all responsibility for such suspension
or removal solely in the Select Board.
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[Amended 10-21-2019 FTM by Art. 3]
Upon the resignation or removal of the Town Manager, the Select
Board shall immediately call for the formation of a screening committee
for the purpose of soliciting, receiving, and evaluating applications
for the position of Town Manager. Said screening committee shall require
that all candidates meet the minimum qualifications required by bylaw
or as set forth in the job description for the position of Town Manager.
The screening committee shall consist of nine people who shall
be chosen as follows: the Select Board, the School Committee, the
Board of Assessors, the Planning Board, and the Finance Committee
shall each designate one person, and four people will be chosen by
the Town Moderator. Three of the people appointed by the Moderator
must not hold any other appointed or elected Town position. People
appointed by the Town agencies may, or may not, be members of the
agency by which they are designated. Appointments made by the Town
Moderator shall be last in time so that the Moderator may, insofar
as it may be feasible, appoint people who will broaden the membership
base of the committee to be most representative of the demographic
and occupational base of the Town. No more than 30 days after the
date such vacancy, or pending vacancy, becomes known the Town Clerk
shall call and convene a meeting of the several persons who shall
meet to organize and to plan a process to advertise the vacancy and
to solicit by other means qualified candidates for the office. The
screening committee shall proceed notwithstanding the failure of the
Moderator or any Town agency to make an appointment hereunder.
The screening committee shall commence a screening process in
accordance with the requirements of the Open Meeting Law. Not more
than 150 days following the date on which the committee meets to organize,
the committee shall submit to the Select Board the names of not less
than three nor more than five persons whom it believes to be the best
suited to perform the duties of the office of Town Manager.
Within 30 days following the date the list of nominees is submitted
to it, the Select Board shall choose one of the said nominees to serve
as Town Manager. In the alternative, the Select Board may direct the
screening committee to undertake a second screening process and submit
no less than three nor more than five names to the Select Board within
60 days for appointment to the office of Town Manager.
