[Amended 1-13-2021 by
Ch. 343, Acts of 2020[1]]
The select board shall have the power to appoint:
(a)
The following officers, each for a term of two years; a Town Counsel,
a Town Administrator, and a Town Accountant.
(b)
The following officers for indefinite terms: a Director of Finance
and Administrative Services; a Director of Public Works; a Director
of Zoning Enforcement and Inspection; a Police Chief and a Fire Chief;
a Town Planner in accordance with the provisions of Chapter Eight;
all division or department heads.
[1]
Editor's Note: Chapter 343, Acts of 2020, also amended the
title of Chapter 5 of the Charter.
5-2-1
Officers appointed under this Chapter shall perform their duties
in accordance with General Law, this Charter, and By-law.
[Amended 10-21-1974 TM; 1-13-2021 by Ch. 343, Acts of 2020]
The select board shall have the power to appoint:
(a)
five members of an eleven member Finance Committee;
(b)
three members of a Zoning Board of Appeals for three year overlapping
terms;
(c)
three members of a Board of Health, at least one of whom shall be
a Doctor of Medicine, licensed to practice medicine in The Commonwealth;
(d)
three members of a Board of Registrars of Voters for three year overlapping
terms;
(e)
a Personnel Board, a Historical Commission, such boards to be composed
of five members each, who shall be appointed for three year overlapping
terms;
(f)
members of ad hoc committees established by the Town Meeting provided
the article establishing the committee shall designate the select
board as the appointive authority;
(g)
a Recreation Commission which shall consist of seven members, who
shall be appointed for three year overlapping terms;
(h)
a Conservation Commission which shall consist of seven members who
shall be appointed for three year overlapping terms.
5-4-1
The Board shall have the power to appoint such individual town officers
and members of boards and commissions as are authorized by General
Law, this Charter, or By-law, and for whom appointment is not otherwise
provided.
5-5-1
The select board shall have the power to rescind, for cause, any
appointment made by them to any board, commission, committee or individual
office under authority of this Chapter, provided that the appointee
shall first have been served with a written notice of the Board's
intention, specifying the Board's reasons for the proposed removal,
and informing the appointee of the appointee's right to be heard at
a public hearing, if requested.
[Amended 1-13-2021 by
Ch. 343, Acts of 2020]
5-5-2
Said power shall not apply to the Zoning Board of Appeals nor to
any other quasi-judicial body, as determined by the Town Counsel.
5-5-3
In addition to other reasons, excessive and unexcused absenteeism
from board or commission meetings may constitute sufficient grounds
for the removal from office of incumbents holding appointments under
the select board.
[Amended 1-13-2021 by
Ch. 343, Acts of 2020]
5-6-1
The Town Administrator shall have executive and administrative qualifications
and shall have education by training, experience or scholastic achievement
to perform the duties of the office.
[Amended 1-13-2021 by
Ch. 343, Acts of 2020]
5-7-1
The Town Administrator shall be directly responsible to the select
board for the performance of the town administrator's duties, and
shall be the principal full-time administrative officer of the Town.
5-7-2
The town administrator shall attend all meetings of the select board
except when excused and shall have the right to speak, but not to
vote.
5-7-3
The town administrator shall assemble and present to the select board
the annual budget of the Town and shall also be responsible for the
development and annual revision of the capital improvements program,
in accordance with Chapter Seven of this Charter.
5-7-4
The town administrator shall keep the select board fully informed
regarding the departmental operations, fiscal affairs, problems, and
administrative actions, and to this end, shall submit quarterly reports
to the select board.
5-7-5
The town administrator shall keep the select board fully informed
on the long range needs of the town and shall provide the board with
data to support suggested alternative courses of action.
5-7-6
The town administrator shall be responsible for the day-to-day administration
of personnel system and for purchasing for all Town functions and
departments, excepting those of the School Department.
5-7-7
The town administrator shall perform such other duties as may be
required by this Charter, Bylaw, vote of the Town, or vote of the
select board.
[Amended 1-13-2021 by
Ch. 343, Acts of 2020]
5-8-1
The Town Administrator may be removed in the course of the town administrator's
two year term, in accordance with the following procedures.
5-8-2
The removal of the Town Administrator shall be by a resolution of
the select board to this effect, provided that no such resolution
shall be adopted within sixty days after any Town Election that shall
have caused a change in the composition of the Board.
5-8-3
The adoption of said resolution shall serve to suspend the Town Administrator
for a period of not more than forty-five days, during which the town
administrator's salary shall continue to be paid. A copy of such resolution
shall be delivered to the Town Administrator who shall have five days
in which to request a public hearing. If a hearing shall be requested,
the Board shall schedule it within two weeks, to be held in a public
place. The Board shall advertise the hearing in a newspaper of local
circulation and cite its purpose, location, time and date.
5-8-4
The Moderator, or if the moderator is unable to be present, such
person as the moderator shall designate, shall preside at such hearing.
5-8-5
At any such hearing, the reasons for the removal shall first be read
aloud. The Town Administrator shall then be allowed to respond, either
personally or through counsel. The select board and the Town Administrator
shall be allowed to call witnesses, and to subpoena any and all Town
records.
5-8-6
Final removal of a town administrator shall be effected by the affirmative
vote of 3 members of the select board, at a public meeting of the
select board held within 7 days of such public hearing if the town
administrator shall have requested a hearing. If the town administrator
shall not have requested a hearing, final removal may be effected
by the affirmative vote of 3 members of the select board held not
sooner than 14 days after the vote initiating the removal. The salary
of the town administrator shall continue to be paid for a period of
30 days after the vote effecting the town administrator’s removal
from office.
