The organization of the town into operating
agencies for the provision of services and the administration of the
government may be accomplished through either of the methods provided
in this article.
Subject only to express prohibitions in a general
law of the Commonwealth of Massachusetts or the provisions of this
charter, the town meeting may, by by-law, reorganize, consolidate,
create, merge, divide or abolish any town agency, in whole or in part,
establish such new town agencies as it deems necessary or advisable,
determine the manner of selection, the term of office and prescribe
the functions of all such entities; provided, however, no function
assigned by this charter to a particular town agency may be discontinued,
or assigned to any other town agency, unless this charter specifically
The Town Manager, after consultation with the
Board of Selectmen, may from time to time prepare and submit to the
annual town meeting, plans of organization or reorganization which
establish operating divisions for the orderly, efficient or convenient
conduct of the business of the town.
Whenever the Town Manager prepares such a plan,
the Board of Selectmen shall hold one or more public hearings on the
proposal giving notice by publication in a local newspaper, which
notice shall describe the scope of the proposal and the time and place
at which the hearing will be held, not later than fourteen days following
said publication. Following such public hearing, the proposal, which
may have been amended subsequent to the public hearing, shall be submitted
to the annual town meeting by an appropriate warrant article. An organization
or reorganization plan shall become effective at the start of the
next fiscal year following the date of adjournment of the annual town
meeting at which the proposal is submitted unless the town meeting,
shall by a majority vote, vote to disapprove the plan. The town meeting
may vote only to approve or disapprove the plan and may not vote to
amend or alter it. If no vote is taken by town meeting for any reason,
the plan shall deemed NOT to have been approved and shall not take
The Town Manager may, through the administrative code, and subject only to express prohibitions in a law of the commonwealth or this charter, reorganize, consolidate or abolish any town agency, in whole or in part, establish such new town agencies as is deemed necessary to the same extent as is provided in Section 5-1(a)
, above, for by-laws, and for such purposes transfer the duties and powers and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriation of one town agency to another; provided, however, that no function assigned by this charter to a particular town agency may be discontinued or assigned to any other town agency unless this charter specifically so provides.
This section shall not interfere with the town
meeting's power and ability to implement by-laws outside the scope
of this section.
For the convenience of the public, the administrative
code and any amendments thereto shall be printed as an appendix to
the by-laws of the town of Abington.
A personnel staffing plan, prepared in conformity
with Article 6, shall be published annually in the town report. The
school committee shall provide the Town Manager with copies of its
personnel and staffing plans annually for publication in the town
All appointments and promotions of town officers
and employees shall be made on the basis of merit and fitness, demonstrated
by examination or by other evidence of competence and suitability.
There shall be a treasurer-collector, appointed
by the Town Manager, on the basis of his/her qualifications and fitness
for service. For the purposes of this charter the treasurer-collector
shall be considered a department head.
There shall be no defined term of office. In making an appointment to the office of treasurer-collector, the Town Manager shall establish specific goals and objectives to be met by the appointee at designated periods during the period of appointment. Failure to meet the stated goals and objectives shall constitute grounds for dismissal. A treasurer-collector may be removed from office in accordance with the procedures established in Article VII
, Section 7-15
of this charter.
The treasurer-collector shall collect all accounts
due, shall receive and take charge of all funds belonging to the town
and shall have all of the powers and duties which treasurer-collectors
may have under the constitution and laws of the Commonwealth of Massachusetts.
The treasurer-collector may also exercise such additional powers and
duties as may from time to time be assigned to that office by the
charter, by by-law or by other vote of the town meeting.
The police department in the Town of Abington shall be organized under the provisions of section 97A of chapter 41 of the General Laws. There shall be a Chief of Police, appointed by the Town Manager, for an indefinite term. The Chief of Police, once appointed may only be removed from office in accordance with the provisions of Article VII
, section 7-14
of this charter. The Chief of Police, or his/her designee, shall serve as emergency management director for the Town of Abington.
The Town Manager may enter into a contract of
employment with the Chief of Police, however, there shall be no defined
term of office.
The Chief of Police and the Deputy Chief of Police shall be appointed on the basis of their qualifications and fitness for service. There shall be no defined term of office for either office and once appointed the Chief of Police and the Deputy Chief of Police can only be removed for just cause, as defined and after a hearing, as provided in Article VII
, section 7-15
; The Board of Selectmen shall determine the qualifications for appointment of the Office of Chief of police, provided however that the Town Manager shall use an assessment process using not less than three police professionals, not employed by the Town of Abington, in order to evaluate candidates for the position of Chief of police.
The Chief of Police shall appoint the Deputy
Chief of Police. The Chief of Police shall determine the department's
qualifications for appointment of Deputy Chief of Police, provided,
however, that the Chief of Police shall use an assessment process,
using not less than three police professionals, not employed by the
Town of Abington, in order to evaluate candidates and select the Deputy
Chief. The decision of the Chief of Police in the selection of the
Deputy Chief of Police shall be final.
The Chief of Police shall appoint all other
personnel and officers in accordance with the provisions of chapter
31 of the General Laws, provided however, that the Chief of Police
shall use an assessment process to evaluate candidates and select
superior officers above the rank of patrol officer.
There shall be a Fire Department organized under
sections 42, 43 and 44 of chapter 48 of the General Laws. As provided
in said chapter 48 there shall be a Fire Chief who shall be appointed
by the Town Manager, in accordance with the provisions of chapter
31 of the General Laws and the rules made thereunder.
The Fire Chief shall be responsible for the
appointment, management and supervision of personnel, shall be responsible
for all operations of the Fire Department, shall serve as the Town's
forest fire warden, and shall perform all fire related duties and
tasks considered necessary by the Town Manager.
The Fire Chief shall be the appointing authority
for all fire department personnel and shall have full authority to
appoint, demote, suspend and terminate all employees, including firefighters,
captains, superior officers and the Deputy Fire Chief. The officers
and firefighters shall be appointed in accordance with the provisions
of chapter 31 of the General Laws.
The Deputy Fire Chief shall work under the direction
of the Fire Chief and shall serve as acting Fire Chief in the absence
of the Fire Chief.
[Added 10-30-2015 by
Chapter 113, Acts of 2015]
There shall be a department of public works under the supervision
of a director. The department shall include the board of sewer commissioners,
board of parks and recreation, park superintendent, superintendent
of highways, tree warden and trustees of veterans' memorials
and each of their respective functions. The department of public works
shall be responsible for: (i) the repair, alteration and maintenance
of all town-owned public works-related equipment, property and vehicles;
(ii) central purchasing of all public works-related supplies, materials
and equipment; and (iii) management of all contracts and projects
for the repair, alteration, remodeling, construction, reconstruction,
maintenance or renovation of all town public ways, sewer lines, grounds,
facilities and equipment except those under the jurisdiction of the
school department and the board of water commissioners.
Notwithstanding that the board of sewer commissioners, board
of parks and recreation, park superintendent, superintendent of highways,
tree warden and trustees of veterans' memorials shall be part
of the department of public works, these multiple-member bodies and
officers shall exercise their respective policy-making duties and
responsibilities under the General Laws except as otherwise provided
in this charter.
Additional public works functions, including solid waste collection
and disposal, recycling, engineering and building maintenance, may
be transferred to the department after a public hearing and by a vote
of the board of selectmen upon a recommendation from the town manager
and the director of the department of public works.
The department, with the approval of the town manager and the
board of selectmen, may be organized into 1 or more operational divisions.
The director of public works shall exercise and perform, under
the policy direction of the boards and committees identified in section
5-7-1 and the policy direction and supervision of the town manager,
all of the powers, rights and duties to be exercised by the department
in this section and said section 5-7-1 except as otherwise provided.
The director shall be appointed by the town manager pursuant to section
4-2-1 and may be removed by the town manager.
The director shall not hold any other elective or appointive
office in the town and shall not be engaged in any other business
or occupation; provided, however, that the director shall be eligible
to be appointed as the head of any division of the department of public
works and service in that division shall constitute a single position
with the town. The director shall give to the town a bond with a surety
company authorized to transact business in the commonwealth as surety
for the faithful performance of the director's duties, in a sum
and upon conditions as the town administrator shall require. The director
shall report to the town manager as to the doings of the office at
times as the town manager may require. The director shall supervise
day-to-day operations and provide administrative coordination of the
various boards and committees and functions assigned to the department
and, for that purpose, shall supervise department division heads or
The town manager, pursuant to sections 4-2-1 or 4-2-2, shall
appoint department staff, including division heads, directors, principal
deputies or principal agents, for any division or function of the
department for which a multiple-member body or officer provides policy
direction and, in addition to any requirements set forth in said section
4-2-1 or 4-2-2, the town manager shall consult with the director of
the department and the appropriate policy-making multiple-member body
or officer. The town manager shall provide notice to any policy-making
multiple-member board or officer of the department of any suspension
or removal of employees assigned to a division of the department.
The decision of the town manager in suspending or removing a person
appointed by the town manager shall be final.