The select board shall appoint the town manager to serve for
a definite term of not more than 5 years and shall fix the compensation
for such person, annually, within the amount appropriated by the representative
town meeting. 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. The town manager shall
not have served in any elected office in the town government for at
least 12 months prior to appointment. The representative town meeting
may from time to time establish, by by-law, such additional qualifications
as deemed necessary and appropriate. The town manager shall devote
full time to the office and shall not hold any other public office,
elective or appointive, and shall not be actively engaged in any other
business or occupation during such service, unless the select board
approves such action in advance and in writing. The select board shall
provide for an annual review of the job performance of the town manager
that shall, in summary form, be a public record.
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 under this charter. The powers and duties of the town
manager shall include, but not 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
by-law, by the representative town meeting, by vote of the select
board, or otherwise;
(b)
(1) To
appoint for periods not in excess of 5 years, subject to the civil
service laws and of any collective bargaining agreements as may be
applicable, all department heads, directors, principal deputies or
principal agents of multiple member bodies other than those under
the jurisdiction of the school committee and officers and positions
for which no other method of appointment is provided in this charter;
provided, however, that the town manager shall consult with the appropriate
elected or appointed multiple member body prior to hiring a department
head, director, principal deputy or principal agent for a particular
department. Subject to civil service laws and any applicable collective
bargaining agreements, all appointments made hereunder shall be for
employment "at will", provided, that such employment may be for periods
not in excess of 5 years, and shall become effective on the fifteenth
day following the day on which notice of the appointment is filed
with the select board; provided, however, that if within that period,
the select board, by a vote of at least 3 of its members, shall vote
to reject such appointment or has sooner voted to affirm it. Notwithstanding
the preceding sentence with respect to the "at will" nature of employment,
the town manager shall have authority to enter into employment contracts
with the fire chief, police chief, and finance director that provide
for other terms and conditions of employment, including dismissal.
Copies of the notices of all such appointments shall be posted on
the town bulletin boards when submitted to the select board.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
(2) To
suspend or remove, any person appointed by the town manager under
section 4-2(b)(1); provided, however, that if such person is the department
head director, principal deputy or principal agent for a department
for which policy is set by an elected or appointed multiple member
body, the town manager shall, except in circumstances in which the
best interest of the town require immediate action, first consult
with such body with respect to such suspension or removal. The decision
of the town manager in suspending or removing any person appointed
by the town manager shall be final.
(c) to be entrusted with the administration of a town personnel system,
including, but not limited to, personnel policies and practices, rules
and regulations, including provisions for an annual employee performance
review, personnel by-laws 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.
(d) to fix the compensation of all appointed officers and employees within
the limits established by appropriations of the representative town
meeting;
(e)
(1) 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;
(2) to
keep the select board fully advised concerning the status of all matters
which have been referred to the office of the town manager by the
select board by providing to its members for review at each regular
meeting of the select board a full and complete summary of all activity
conducted by the office of the town manager since the last meeting
of the select board;
(f) 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, a full report of all town administrative
operations during the period reported on, which report shall be made
available to the public;
(g) 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 the representative town meeting as the town manager may
deem necessary or desirable;
(h) to have full jurisdiction over the rental and use of all town facilities
and property except property under the control of the school committee
or the conservation commission; provided, however, that 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 by-law, by vote of the representative town meeting or otherwise;
(i) to prepare and present, in the manner provided in Article
5A, an annual operating budget for the town and a proposed capital outlay program for the 5 fiscal years next ensuing.
(j) 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.
(k) 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; provided, however, that
all such contracts shall be subject to ratification and execution
by the select board;
(l) to serve as the chief procurement officer for purposes of chapter
30B of the General Laws and be responsible for purchasing all supplies,
material and equipment for all departments and activities of the town,
including execution of contracts therefor; provided, however, that
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; and provided further, that the
town manager shall be responsible for the disposal of all supplies,
material and equipment that have been declared surplus by any town
agency;
(m) to see that all of the provisions of the General Laws, this charter,
town by-laws and other votes of the representative 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;
(n) 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;
(o) to attend all sessions of all town meetings and answer all questions
raised by persons recognized by the moderator which relate to warrant
articles and to matters over which the town manager exercises any
supervision;
(p) to create, reorganize, expand, 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, and provide for reassignment of powers, duties, functions and responsibilities with and among such agencies so created or existing, notwithstanding any specific designation of a town agency or any specific assignment of powers, duties, functions and responsibilities within this charter; provided, however, that for the purposes of said Article
5, functions assigned by this charter to appointed town agencies under the supervision of the town manager may be assigned to any other agency under the supervision of the town manager or to any board, commission, committee, department, position or office of any such agency in the manner provided in said Article
5;
(q) 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; provided, however, that for the purpose of effecting
coordination and cooperation among all agencies of the town, the town
manager may require the persons so elected, or their representatives,
to meet with the town manager, at reasonable times, to submit such
reports and summaries of actions taken as may be deemed to be necessary
or desirable to have available for the purpose of such coordination;
and
(r) to perform any other duties as are required to be performed by the
town manager by the town by-laws, administrative organization plan,
votes of the representative town meeting, votes of the select board
or otherwise.
(s) To supervise and direct all appointed department heads, directors,
principal deputies and principal agents of elected and appointed multiple-member
bodies, with respect to the day-to-day operational and administrative
matters, in a manner consistent with the town's personnel by-laws
and policies and, if applicable, contracts or collective bargaining
agreements. The town manager shall, in connection therewith, provide
for an annual review of such department heads, directors, principal
deputies and principal agents with respect to day-to-day operational
and administrative matters, following consultation with the respective
multiple-member body or its designee.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
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 be deemed to be the acts of the town
manager.
The select board by the affirmative votes of at least 3 members
may terminate, remove or suspend the town manager from office; provided,
however, that further conditions applicable to termination, removal
and suspension may be addressed by the terms of any contract between
the select board and the town manager.