[Acts of 2012, Ch. 458, approved 1-10-2013]
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as follows:
(A)
Composition. There shall be a selectboard consisting of five members
elected for terms of three years each, so arranged that the term of
office of as nearly an equal number of members as is possible shall
expire each year.
(B)
Vacancy in office. Vacancies on the selectboard shall be filled by
a special election in accordance with the General Laws.
(C)
Executive powers.
(1)
The selectboard shall serve as the chief policymaking body of the
town and shall have all of the executive powers given to boards of
selectmen by the General Laws, except for those granted herein to
the town administrator.
(2)
The selectboard shall be responsible for the formulation and promulgation
of policy directives and guidelines to be followed by all town agencies
serving under it, and in conjunction with other elected town officers
and multiple member bodies to develop and promulgate policy guidelines
designed to bring the operation of all town agencies into harmony;
provided, however, that nothing in this section shall be construed
to authorize any member of the selectboard, or a majority of such
members, to become involved in the day-to-day administration of any
town agency. The selectboard shall act only through the adoption of
broad policy guidelines, which shall be implemented by officers and
employees serving under it.
(3)
The selectboard shall cause the by-laws, rules and regulations for
the government of the town to be enforced and shall cause an up-to-date
record of all its official acts to be kept.
(4)
The selectboard shall appoint and may remove the town administrator
as provided in sections 3 and 6, respectively, and the town counsel,
and shall approve the appointment of department heads as provided
in paragraph (1) of subsection (B) of section 4.
(5)
The selectboard shall appoint the Board of Appeals, registrars of
voters, conservation commission, recreation commission, historical
commission, trustees of special funds and members of all appointed
multiple member bodies for whom no other method of selection is provided
by this act or by by-law, except persons serving under other elected
town officers and members appointed by state officers.
(6)
The selectboard shall be the licensing board of the town and shall
have the power to issue licenses, to make all necessary rules and
regulations regarding the issuance of licenses and to attach such
conditions and restrictions thereto an it deems to be in the public
interest. The selectboard shall enforce the laws relating to all businesses
for which it issues licenses.
(7)
The selectboard shall be responsible for providing timely audits
as required by law. The audits shall be made by a certified public
accountant, or by a firm of accountants, who have no personal interests,
direct or indirect, in the fiscal affairs of the government of the
town of South Hadley or any of its officers. The selectboard shall
approve the selection of the town audit firm, which shall be recommended
by the town administrator.
(A)
Appointment. There shall be established in the town of South Hadley
the office of town administrator, who shall be appointed by the selectboard
for a term not to exceed three years, as the selectboard may determine,
and who may be appointed for successive terms of office. Whenever
a vacancy shall occur in the office of town administrator, the selectboard
shall appoint a town administrator screening committee to identify
and recommend qualified candidates for the position. The selectboard
shall provide the screening committee with a written charge and statement
of qualifications and duties of the position that have been approved
by the selectboard. The screening committee shall design and undertake
a recruitment process and shall present candidates to the selectboard.
The selectboard shall, within 45 days following the date of receipt
of the list of candidates, either choose one candidate from the list
to fill the position of town administrator or reject all candidates
and direct that the screening committee resume the search.
(B)
Qualifications. The town administrator shall be a person of demonstrated
ability who is qualified by reason of education, skills and experience
in public management or business administration. The selectboard may
establish additional qualifications for the office of town administrator.
(C)
Restrictions. The town administrator shall devote full-time to the
duties of the office and shall not engage in any other business or
occupation during such employment by the town unless such action is
approved in advance, in writing, by the selectboard. The town administrator
shall hold no elective office in the town while serving as town administrator,
but the selectboard may appoint the town administrator to any nonelective
office or position consistent with the responsibilities of the town
administrator. Before entering upon its duties, the town administrator
shall be sworn to the faithful and impartial performance thereof by
the town clerk.
(D)
Terms of employment.
(1)
To the extent permitted by law, the terms of the town administrator's
employment may be the subject of a written agreement between the parties.
(2)
The selectboard shall set the compensation of the town administrator.
(3)
The selectboard shall provide for an annual review of the job performance
of the town administrator which shall, at least in summary form, be
a public record.
(A)
Chief administrative officer. The town administrator shall be the
chief administrative and financial officer of the town and shall be
responsible to the selectboard for the effective management of all
town affairs placed in the town administrator's charge by this
act, by the selectboard or by vote of the town Meeting. The town administrator
shall be responsible for the implementation of town policies established
by the selectboard and shall supervise, manage and coordinate the
day-to-day activities of all town departments and employees under
the jurisdiction of the selectboard, and shall coordinate all activities
of such town departments with the activities of other departments
under the jurisdiction of other elected town boards and commissions.
The town administrator may delegate, authorize or direct any subordinate
or employee of the town to exercise any power, duty or responsibility
which the town administrator is authorized to exercise, provided,
however, that all acts which are performed under such delegation shall
be deemed to be the acts of the town administrator. The functions
and duties of the town administrator shall include, but not be limited
to, the functions and duties as herein described.
(B)
Powers of appointment.
(1)
Subject to the approval of the selectboard, the town administrator
shall appoint and may remove the police chief, superintendent of public
works and town accountant.
(2)
Except as provided in this act, the town administrator shall appoint
and may remove all other department heads, including those that serve
with an appointed board, commission or committee, and other employees
for whom no other method is provided under this act, and shall approve
the appointment and removal of all other employees pursuant to the
General Laws or this act. The town administrator shall consult with
the appropriate appointed board, commission or committee prior to
making any appointment or removal under this subsection. This subsection
shall not apply to any department heads or employees that serve with
elected boards, commissions or committees.
(3)
Department heads shall appoint and may remove, subject to the approval
of the town administrator, assistant department heads, subordinates
and employees, provided, however, that the town administrator may
undertake removal proceedings if the town administrator determines
that such action is necessary to assure the effective operations and
management of any department.
The department head seeking to make such appointments shall
consult with the appropriate appointed board, commission, committee
or official prior to making the appointment or removal unless otherwise
provided under the General Laws or this act. This subsection shall
not apply to any assistant department heads, subordinates and employees
that serve with elected boards, commissions or committees.
(4)
The town administrator may, in consultation with department heads
and any affected boards, as applicable, transfer personnel between
departments as needed. Such transfer shall be presumed to be temporary
and shall require the approval of the affected board. This subsection
shall not apply to personnel of the school department.
(5)
All personnel appointments of the town administrator shall be based
on education, skills and experience alone.
(6)
Copies of notices of board and commission vacancies, job vacancies
and opportunities and requests for volunteers shall be conspicuously
posted in the town hall and on the town's official website.
(C)
Administrative duties. The town administrator shall:
(1)
Be responsible for the day-to-day supervision of all town departments
and direction of the operations of the town; provided, however, that
this section shall not apply to employees of the school department
and to the statutory responsibilities and functions of the school
committee;
(2)
Supervise, direct and be responsible for the efficient administration
of all officers appointed by the town administrator and the selectboard,
and their representative departments, and of all functions for which
the town administrator is given responsibility, authority or control
by this act, by-law, town Meeting vote or vote of the selectboard;
(3)
Reorganize, consolidate or establish any department or position under
the town administrator's direction or supervision, at the town
administrator's discretion and with the selectboard's approval.
With the approval of both the selectboard and appropriations committee,
the town administrator may transfer all or part of any unexpended
appropriation of a reorganized or consolidated department, board or
office to any other town department, board or office;
(4)
Administer, either directly or through a person appointed by the
town administrator, all provisions of general and special laws applicable
to the town, including federal and Massachusetts emergency management
agencies' requirements, by-laws, votes of the town within the
scope of the town administrator's duty and all policy rules and
regulations made by the selectboard; provided, however, that all acts
that are performed under such delegation shall be deemed to be the
acts of the town administrator;
(5)
Establish control and data systems appropriate to monitoring expenditures
by town boards and departments to enable the town administrator to
make periodic reports to the selectboard and the town's appropriations
committee on the status of the town's finances;
(6)
Develop and administer, either directly or through a person appointed
by the town administrator, a personnel system including, but not limited
to, determination of compensation, the development and implementation
of ongoing training programs, personnel and hiring policies, practices
and regulation and evaluation process, for town employees;
(7)
Manage and be responsible for all town buildings, properties and
facilities, except those under the control of the school committee,
library trustees and conservation commission; provided, however, that
the town administrator may maintain and repair school committee, library
trustees and conservation commission buildings, properties and facilities
to the extent the school committee, library trustees and conservation
commission may request and authorize the same;
(8)
Attend and participate in all regular and special selectboard meetings
and town Meetings, unless excused therefrom by the selectboard;
(9)
Cause full and complete records of meetings of the selectboard to
be taken and maintained and compile reports of the meetings as requested
by the selectboard;
(10)
Act as the liaison to, and represent the selectboard before,
state, federal and regional authorities;
(11)
Be responsible for approving all grant requests and applications
submitted on behalf of the town; and
(12)
Perform any other duties consistent with the office of the town
administrator as may be required by by-law or by vote of the town
or by vote of the selectboard.
(D)
Financial powers and duties.
(1)
(a)
At a time fixed by by-law, the selectboard, after consultation
with the town administrator and the appropriations committee, shall
issue a policy statement relating to the budget for the next fiscal
year. The statement shall establish the parameters of expected budget
growth, if any, for the town, with appropriate guidance provided to
various town agencies, officers and committees for use in the preparation
of operating budgets for the ensuing fiscal year.
(b)
The town administrator shall prepare and submit to the selectboard
and appropriations committee at a public meeting prior to the annual
town meeting a written proposed balanced budget for town government,
including the school department, for the ensuing fiscal year. To assist
the town administrator in preparing the proposed annual budget of
revenues and expenditures, all boards, officers and committees of
the town, including the school committee, shall, within the time frame
requested by the town administrator, furnish all relevant information
in their possession and submit to the town administrator, in writing
and in such form as the town administrator shall establish, a detailed
estimate of the appropriations required and available funds.
(c)
The proposed budget shall detail all estimated revenues from
all sources and all expenditures, including debt service, for the
previous, current and upcoming years.
(d)
It shall include proposed expenditures for both current operations
and capital expenditures during the next fiscal year, together with
estimated revenues and free cash available at the close of the current
fiscal year, including estimated balances in special accounts.
(2)
(a)
The town administrator shall negotiate collective bargaining
contracts on behalf of the selectboard, which contracts shall be subject
to approval, ratification and execution by the selectboard. The selectboard
may authorize, at its discretion, use of additional counsel to assist
the town administrator in the negotiations.
(b)
The town administrator shall administrator and enforce collective
bargaining agreements, personnel rules and regulations and by-laws
adopted by the town.
(3)
(a)
The town administrator shall be responsible for procurement
under chapter 30B of the General Laws and shall be responsible for
the purchasing of all supplies, materials and equipment for the town,
including the bidding and awarding of all contracts, subject to policies
established by the selectboard, except for the school department.
(b)
The town administrator may delegate such purchasing power as
provided in chapter 30B of the General Laws.
(4)
(a)
Warrants for payments of town funds prepared by the town accountant
in accordance with the General Laws shall be submitted to the town
administrator for approval. Subject to policies established by the
selectboard, the approval of any such warrant by the town administrator
shall be sufficient authority to authorize payment by the town. Any
warrants generated by the office of the town administrator shall be
signed by the selectboard. The selectboard shall approve all warrants
in the event of the absence of the town administrator or a vacancy
in the office of town administrator.
(A)
Permanent vacancy. The selectboard shall fill any permanent vacancy
in the office of the town administrator as soon as feasible in accordance
with subsection (A) of section 3. Pending the appointment of a town
administrator or filling of a vacancy, the selectboard shall, within
a reasonable period of time not to exceed 14 days, appoint some other
qualified person to temporarily perform the duties of the town administrator
until a permanent replacement is appointed.
(B)
Temporary absence or disability.
(1)
The town administrator may designate by latter filed with the town
clerk and selectboard a qualified officer of the town to perform the
duties of town administrator during a temporary absence or disability.
(2)
If the absence or disability exceeds 30 days, any designation by
the town administrator shall be subject to approval by the selectboard.
If the town administrator fails to make such a designation or if the
person so designated is unable to serve, the selectboard may designate
some other qualified person to perform the duties of town administrator.
(3)
The powers and duties of the acting town administrator shall be limited
to matters not permitting of delay and shall include authority to
make temporary, emergency appointments or designations to town office
or employment, but not to make permanent appointments or designations,
unless authorized by the selectboard.
Removal, suspension. The selectboard may terminate and remove
or suspend the town administrator by a majority vote of the selectboard.
Prior to any termination or removal or if a suspension is to exceed
five days, notice shall be given and the reasons for the proposed
action shall be provided in writing to the town administrator and
an opportunity shall be provided for the town administrator to meet
with the selectboard and respond to the selectboard's notice.
After such meeting, if any, the selectboard may act by majority vote
of the entire selectboard to terminate, remove, or suspend the town
administrator.
(A)
Continuation of existing laws. All laws, by-laws, rules and regulations
of or pertaining to the town of South Hadley which are in force on
the effective date of this act and which are not inconsistent with
this act shall continue in full force and effect until amended or
repealed. Elected and appointed officers, boards, commissions and
committees shall have all of the powers, duties and responsibilities
which are in force on the effective date of this act that are not
inconsistent with this act, which are given to the respective officers,
boards, commissions and committees by law, this act, town by-law or
vote of the town meeting. If any provision of this act conflicts with
any law, by-law or rule or regulation of the town of South Hadley,
this act shall govern.
(B)
Continuation of personnel. Any office or position in the administrative
service of the town of South Hadley and incumbents in those offices
on the effective date of this act shall continue to function as the
office, position or incumbent did previously until a change in such
office, position or incumbent is effected in accordance with this
act.
Section 3 of chapter 558 of the acts of 1986 is hereby amended
by striking out the first and the fifth paragraphs.
This act shall take effect upon its passage.