A copy of all rules and regulations adopted by any town agency
shall be filed in the office of the town clerk and made available
for review by any person who requests such information. Such rules
and regulations shall not become effective until 10 days following
the date they are filed.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
If a vacancy occurs in any town office or town employment or
on any multiple-member body, except for positions covered under laws
governing civil service, whether by reason of death, resignation,
expiration of a fixed term for which a person has been appointed or
otherwise, the appointing authority shall cause public notice of the
vacancy to be posted on the town bulletin boards, town website and
other available electronic media. No permanent appointment to fill
such a position shall be effective until at least 14 days following
such posting. Any person who desires to be considered for appointment
to the position may, within 10 days following the date the notice
is posted or such later date as set forth in the posting, file with
the select board or other appointing authority a statement which sets
forth in clear and specific terms the qualifications which such person
holds for the position. Further, the town shall provide written or
electronic notice to those members of appointed multiple-member bodies
whose terms are expiring not later than 90 days prior thereto; provided,
however, that failure to provide such notice on or before the date
indicated shall not extend the term of such appointment.
All persons categorized as department heads shall, subject to the consent of the town manager, appoint all assistants, subordinates and other employees of the department for which such person is responsible. The department head may suspend or remove any assistant, subordinate or other employee of the department for which such person is responsible in accordance with procedures established in section
6-6. The decision to suspend or remove any assistant, subordinate or other employee shall be subject to review by the town manager. A person for whom a department head has determined that suspension or removal is appropriate may seek review of such determination by the town manager by filing a petition for review in the office of the town manager, in writing, within 10 days following receipt of notice of such determination. The review by the town manager shall be consistent with section
6-6. The decision of the town manager shall be final.
Any appointed town officer, member of a multiple member body
or employee of the town, not subject to the civil service laws, a
collective bargaining agreement or contract to the contrary, and whether
appointed for a fixed or indefinite term, shall be subject to suspension,
termination or removal by the appointing authority for cause in accordance
with a procedure set forth in the town's personnel by-laws, if any,
or otherwise as the appointing authority, with the approval of the
town manager, determines to be in the best interests of the town.
Nothing in this section shall be construed as granting a right
to such a hearing when a person who has been appointed for a fixed
term is not reappointed when the original term expires.
[Amended by Ch. 63 of the Acts of 2023, approved 11-8-2023]
(a) Multiple-Member Bodies. Nothing in this charter shall be construed to authorize any individual member of an elected or appointed multiple-member body, nor a majority of members of such body, to become involved in the day-to-day operation and administration of any town agency, including appointment and supervision of department heads and staff. Instead, day-to-day operations shall be subject to oversight by the town manager under section
4-2 and department heads under sections
6-5 and 6-6. It is the intention of this section to affirmatively establish that such bodies shall act only through the adoption of broad policy guidelines that are to be implemented by officers and employees serving under such body.
(b) Department Heads. Notwithstanding any provision of subsection
(a) of section
6-7 or paragraph (2) of subsection
(b) of section
4-2 to the contrary, department heads appointed by the town manager under the provision of paragraph (1) of said subsection
(b) of said section
4-2 shall be responsible to the appropriate elected or appointed multiple-member body for implementation of policy decisions made and policy guidance given. Each department head shall report regularly to such multiple-member body concerning department operations, actions taken and the status of new or ongoing issues. Each department head shall work cooperatively with the chair of the appropriate multiple-member body and the town manager to ensure the body has appropriate administrative and operational support.
Each elected and appointed multiple member body shall report
annually to the town, prior to the spring annual town meeting, giving
information regarding the status of those matters under its jurisdiction,
including any relevant plans or proposals known to it affecting the
resources, possibilities and needs of the town and, in the case of
any such multiple member body required to prepare or maintain plans
or studies, an indication of the plan or study and any amendments
made thereto during the past year.