[Amended by c. 357, Acts of 1993; c. 170, Acts of 1994; c.
346, Acts of 1998; c. 94, Acts of 2004; c. 331, Acts of 2020; c. 99, Acts of 2024]
A. There shall be a select board consisting of five (5) members, each
elected for a three (3) year term, who shall choose a chairman and
shall act by majority vote, except as may be required by this Charter
or the General Laws of the Commonwealth. The select board shall be
responsible for the general direction and management of the property
and affairs of the Town, except as otherwise provided for by this
Charter or by the General Laws of the Commonwealth.
B. As agents for the Town, the select board shall have authority to
prosecute, defend, settle or compromise any and all claims by or against
the Town. However, the select board acting upon advice of counsel,
shall not have the authority to settle or compromise any actions or
claims against the Town if said settlement or compromise exceeds the
funds appropriated for that purpose by vote of a duly called Town
Meeting.
C. The select board may investigate the operation of any town department,
in accordance with the procedures set forth in the General Laws of
the Commonwealth.
D. The select board shall cause the annual town report to be printed
on or before May first of the following fiscal year, and shall cause
a copy of the report to be distributed at the following locations:
main entrance to the town hall, Rockland Public Library and the Rockland
Senior Center.
E. The select board shall prepare the warrant for the annual town meeting,
which warrant shall be closed 50 days before the date of the meeting.
The select board shall cause copies of the warrant for the annual
town meeting to be distributed at the following locations: main entrance
to the town hall, Rockland Public Library and Rockland Senior Center
at least 14 days before holding the meeting. The warrant for the annual
town meeting shall also be announced in a newspaper of general circulation
within the town at least 14 days before the town meeting. The notice
shall include locations where a copy of the warrant can be obtained.
(a)
The select board shall have the power to order special town
meetings as they consider necessary, and shall prepare the warrants
for the meetings; but, to order a special town meeting the select
board shall first adopt, by a majority vote of their board, a resolution
stating clearly the emergency nature of the situation prompting their
order.
(b)
No warrant for a special town meeting shall close until at least
7 days have passed from the date of adoption of their resolution;
and each article inserted in the warrant shall have attached to it
a brief statement explaining the emergency nature of the article.
(c)
The select board shall cause copies of the warrant for each
special town meeting to be distributed at the following locations:
main entrance to the town hall, Rockland Public Library and the Rockland
Senior Center at least 14 days before the town meeting. The warrant
for each special town meeting shall also be announced in a newspaper
of general circulation within the town at least 14 days before the
town meeting. The notice shall include locations where the warrant
can be obtained. Upon a majority vote of the board, the select board
shall have the power to open any warrant after it has closed for the
purpose of inserting articles, if the articles are of an emergency
nature and have attached to them a brief statement explaining the
emergency.
F. The select board may issue permits and/or licenses subject to the
requirements of the General Laws of the Commonwealth. However, their
power to issue such permits and/or licenses shall not operate to limit
the authority or affect the decision of any other town board, commission,
or official who may be required to act in the same matter by the provisions
of this Charter, any Town By-law, or the General Laws of the Commonwealth.
G.
The select board shall annually,
unless otherwise required, appoint the following town officials, whose
powers shall be set forth in the Town By-laws:
a. A Town Accountant for a term of three (3) years
c. A Building Inspector and Zoning Enforcement Officer for a term of
three (3) years
d. A Director of Emergency Management
e. A Director of Veterans Affairs, who shall also be Veterans Burial
Agent, for a term of three (3) years
g. A Full Member of the Board of Appeals, for a five (5) year term
h. An Associate Member of the Board of Appeals, for a three (3) year
term
i. Three (3) members of the Airport Committee
j. A Dog Officer, who shall also be the Animal Inspector, for a term
of three (3) years
k. Three (3) members of the Charter Maintenance Committee
l. Election Officers, pursuant to the provisions and requirements of
the General Laws of the Commonwealth
o. An Inspector of Weights and Measures
p. An Insect Control Superintendent
q. Two (2) Inspectors of Wires
r. A Director of the Council on Aging for a term of three (3) years
s. An Assistant Zoning Enforcement Officer
H.
The select board shall make the
following appointments annually to town boards, commissions, and committees,
in such a manner that one-third (1/3), as nearly as possible, of the
members of each board, commission, or committee shall be appointed
each year. The boards, commissions, and committees listed below shall
have such powers and duties as are set forth in the Town By-laws.
a. One (1) member of the Board of Registrars of Voters, for a three
(3) year term
b. Two (2) or three (3) members of the Conservation Commission, for
three (3) year terms
c. Two (2) or three (3) members of the Industrial Development Commission,
for three (3) year terms
d. One (1) or two (2) members of the Industrial Development Financing
Authority, for a three (3) year term
e. Three (3) or four (4) members on the Council on Aging, for three
(3) year terms
f. Two (2) or three (3) members of the Historical Commission, for three
(3) year terms
g. One (1) or two (2) members of the Recreation Commission, for a three
(3) year term
I.
a. The
select board shall, from time to time, appoint a Chief of Police,
whose powers and duties shall be as set forth in the Town By-laws.
Upon making said appointment the select board shall execute with him
a contract of employment for a term not to exceed five (5) years.
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The chief of police shall have full authority to appoint, demote,
suspend and terminate all the police officers and command officers
of the police department, and for the purposes of the requirements
of chapter 31 of the General Laws, and the rules made thereunder shall
be considered the appointing authority for the police department.
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In original appointments to the permanent-intermittent force,
regular full-time force or the promotion of any officer to any rank,
said chief of police shall convene an assessment panel comprised of
not less than three superior police officers of any police department,
who shall interview and recommend the best candidates to said chief
of police who shall choose among the names submitted to him by the
assessment panel in accordance with the provisions of said chapter
31.
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Said chief of police shall appoint such clerical and civilian
staff as is authorized by town meeting.
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b. The select board shall, from time to time, appoint a Fire Chief,
whose powers and duties shall be as set forth in the Town By-laws.
The Fire Chief shall continue to hold office unless removed by the
select board for good cause after a public hearing, as detailed in
§ C-2.02(N).
K.
The select board shall appoint such other town officials, boards,
and committees as may be required by the provisions of this Charter,
any Town By-law, a vote of Town Meeting, or the General Laws of the
Commonwealth. In addition, the select board may appoint temporary
or "ad hoc" committees to deal with special emergency situations;
but the duration of any such committee shall not extend past the next
Annual Town Meeting unless extended by vote of that Town Meeting.
L. The terms
of office of town officials appointed annually, and of members of
boards, commissions, and committees whose terms are expiring, shall
end on the first day of May; except that all persons whose terms are
expiring may serve until their successors are appointed and sworn
in. The select board shall make their annual appointments within thirty
days following the annual town election.
M. A vacancy in any appointive office, due to death, disability, resignation,
or removal of the person holding the office, shall be filled by the
select board without unreasonable delay. The select board shall make
no appointment to fill a vacancy, however, until they have publicly
announced the availability of the position at least two (2) weeks
prior to making the appointment. Any appointment made to fill a vacancy
shall be for the unexpired term of office.
N. In all cases where a procedure for removal from office is not specified
in the General Laws of the Commonwealth, no person appointed to office
by the select board shall be removed from that office except for good
cause, and after a public hearing. Said hearing shall take place not
sooner than one (1) week after the person whose removal from office
is sought has received written notice of the hearing and written particulars
of the charges preferred against him. At the hearing that person shall
be entitled to counsel, may introduce evidence and call witnesses
on his behalf, and may cross-examine witnesses called against him.
At the conclusion of the hearing, the select board shall deliberate
and vote upon the charges; the vote shall be by poll of the Board.
No vote to remove from office shall be effective unless two-thirds
(2/3) of the select board present and voting shall have voted in the
affirmative.
[Amended by c. 57, Acts of 2005]
A. There shall be a Town Collector, elected, whose term of office shall
be three (3) years.
B. The Town Collector shall have all of the powers and duties conferred
upon the office by this Charter, the Town By-laws, votes of Town Meetings,
and the General Laws of the Commonwealth.
[Added by c. 58, Acts of 2005; amended by c. 331, Acts
of 2020; c. 99,
Acts of 2024]
The select board by an affirmative vote of not less than 4 members
shall appoint a town administrator for a term of not more than 3 years
and may extend such appointment for additional terms of not more than
3 years.
(a) The town administrator shall be appointed solely on the basis of
executive, administrative and municipal experience. His education
should consist of a bachelor's degree in public or business administration
or related field; a master's degree in public administration is preferred.
In the absence of either degree, a minimum of 10 years actual work
experience shall be required and shall consist of at least 5 years
of progressively responsible experience in municipal management, 3
years of which shall be as a chief administrative or assistant administrator
in a municipal organization. He shall not have served in an elective
office in or for the town of Rockland for at least 12 months before
his appointment.
(b) The town administrator shall devote full time to the office and shall
not hold any other public office, elected or appointed, nor engage
in any other business, occupation, or profession during their term
of office, unless the select board approves the action in advance
in writing. The town may from time to time, by by-law establish additional
qualifications as it considers necessary and appropriate.
(c) The town administrator shall execute a bond in favor of the town
of Rockland for the faithful performance of his duties in such sum
and with such surety or sureties as may be fixed by the select board.
The town shall pay the cost of the bond.
(d) The select board may appoint an assistant town administrator to perform
duties assigned by the town administrator. The assistant town administrator
shall perform the duties of the town administrator in the town administrator's
absence.
[Added by c. 58, Acts of 2005; amended by c. 331, Acts of 2020; c. 99, Acts of 2024]
(a) The select board by affirmative vote of not less than 2/3 of its
members may suspend or remove the town administrator from office.
If the select board affirmatively votes to suspend or remove the town's
administrator, the board shall give at least 60 days notice as to
the effective date of his suspension or termination, or provide 60
days of severance pay, or a combination of both notice and severance
pay equivalent to at least 60 days. At least 30 days before the proposed
suspension or termination becomes effective the select board shall
file a preliminary written resolution with the town clerk setting
forth in detail the specific reason for the proposed suspension or
termination. A copy of the resolution shall be delivered to the town
administrator. The town administrator may within 10 days of service
of the resolution, reply in writing to the resolution and may request
a public hearing. If the town administrator so requests, the select
board shall hold a public hearing not earlier than 20 days nor later
than 30 days after the filing of the request. After the public hearing,
if any, otherwise at the expiration of 30 days following the filing
of the preliminary resolution, the select board may suspend or terminate
the town administrator from duty. In the event the town administrator
is charged with a criminal act, alleged to have been perpetrated while
performing his job, suspension without pay is immediate and if the
town administrator is not exonerated of the charges, termination is
immediate and no notice or severance shall be provided. Nothing contained
herein shall limit the authority of the select board to suspend or
terminate the town administrator as provided by state, federal or
local law.
(b) If the office of town administrator is vacant, as a result of death,
removal, resignation, or otherwise, or the town administrator is on
a leave of absence exceeding 2 weeks, the select board by affirmative
vote of at least 3 members, shall appoint a qualified town administrator
officer, or employee to serve as acting town administrator. The acting
town administrator shall receive compensation as set by the affirmative
vote of at least 3 members of the select board, but shall not exceed
the rate of compensation approved for the town administrator being
replaced. The appointment of the acting town administrator shall not
exceed a 4-month period.
[Added by c. 58, Acts of 2005]
(a) The town administrator shall be the administrative officer of the
town of Rockland, reporting directly to the select board and acting
as its agent. He shall be responsible for the effective and professional
administration of the day-to-day affairs of the town in the absence
of the select board as described herein.
[Amended by c. 99, Acts of
2024]
(b) The town administrator shall administer this charter, either directly
or through a person or persons appointed by the select board.
[Amended by c. 99, Acts of
2024]
(c) The town administrator shall be responsible for the proper administration
and development of the annual operating budget process.
(d) The town administrator shall recommend to the select board strategic
plans and objectives for mitigation or other purposes. He shall have
prepared multi-year forecasts on revenues and expenditures for use
in analyzing financial impacts in collective bargaining issues, insurance
costs, and other long-term costs. He shall recommend to the select
board, for their approval, debt management, and capital planning policies.
He shall further recommend policies and long-range goals to improve
the efficiency and effectiveness of town government.
[Amended by c. 99, Acts of
2024]
(e) The town administrator shall keep the select board fully informed
regarding all departmental operations, fiscal affairs, general problems,
and administrative actions. He shall keep the select board and the
finance committee informed as to the financial condition and the needs
of the town.
[Amended by c. 99, Acts of
2024]
(f) The town administrator shall act as the town's insurance coordinator.
He shall be responsible for ensuring that all pertinent policies are
in effect, see that adequate insurance coverage is provided, ensure
that claims are properly processed, conduct cost benefit analyses
on existing policies and propose changes. He shall render an annual
report to the select board on all claims made and losses sustained.
[Amended by c. 99, Acts of
2024]
(g) The town administrator shall act as grant coordinator for the town.
He shall collect and distribute information concerning grants, establish
uniform procedures for grant applications, prepare or assist in developing
grant proposals and shall monitor all town grants to ensure fiscal
and program compliance.
(h) The town administrator, in cooperation with other town officials
selected by him, shall establish policies, procedures and guidelines
for town procurements in accordance with applicable federal, state,
and local laws. He shall keep an inventory of the real and fixed assets
of the town.
(i) The town administrator shall be responsible for the approval of the
purchase of all supplies, materials, equipment, and other services,
for departments or agencies under the jurisdiction of the select board.
[Amended by c. 99, Acts of
2024]
(j) The town administrator in the absence of the select board shall act
as agent of the select board in coordinating activities, budgets,
and day to day operations of the town departments, boards, committees,
and commissions that come under the jurisdiction of the select board.
He shall coordinate these activities with officers and boards elected
by the voters, keeping all informed of ongoing activities and issues.
[Amended by c. 99, Acts of
2024]
(k) The town administrator shall plan, organize and supervise the operational
audits of the activities of town departments to evaluate the efficiency
of resource utilization and the effectiveness of governmental services.
Audit areas may include staffing, scheduling, vehicle management,
and any other topic requested by the select board.
[Amended by c. 99, Acts of
2024]
(l) The town administrator shall participate in the collective bargaining
process and see that the provisions of the collective bargaining agreements
are enforced in departments under his jurisdiction.
(m) The town administrator shall assist the select board in recruitment
and selection of department heads under their jurisdiction.
[Amended by c. 99, Acts of
2024]
(n) The town administrator shall ensure that the town maintains a professional
personnel system by monitoring the effectiveness of policies, procedures
and practices as required by law, in accordance with proper personnel
practices. He shall ensure that the recruitment, selection, promotion,
transfer, discipline, and removal of employees are conducted in accordance
with applicable state and federal laws, and with personnel by-laws
and policies adopted pursuant to the same. He shall coordinate personnel
administration with the personnel board.
(o) In the absence of the select board, and at its direction, he shall
perform public relations functions for the select board by presenting
the town's position of issues, responding to citizens complaints,
preparing press releases, and representing the board at conferences,
hearings, and meetings with county, state, and federal agencies. He
shall act as its liaison to business, industrial and community groups.
[Amended by c. 99, Acts of
2024]
(p) The town administrator shall be responsible for the use and maintenance
of all town facilities and equipment under the jurisdiction of the
select board.
[Amended by c. 99, Acts of
2024]
(q) The town administrator shall attend all regular and special meetings
of the select board and have voice but no vote in all meetings. He
shall attend all regular and special sessions of the town meeting
to answer questions and provide information. He shall oversee the
preparation of the annual town report and town warrants.
[Amended by c. 99, Acts of
2024]
(r) The town administrator shall see that the General Laws, the Rockland
town charter and Rockland town by-laws, and the votes of town meeting,
and votes of the select board are carried out and performed.
[Amended by c. 99, Acts of
2024]
(s) The town administrator shall perform all other duties as may be required
by the select board.
[Amended by c. 99, Acts of
2024]