The town manager shall be the chief administrative officer of
the town and shall be responsible to the town council for the proper
administration of all town affairs placed under his charge under the
charter. The powers and duties of the town manager shall include,
but are not intended to be limited to, the following:
He shall supervise, direct and be responsible for the efficient
administration of all town activities placed under his control by
the charter, by ordinance, or otherwise, including all officers appointed
by him and their respective agencies.
He shall be responsible for the coordination of the activities
of all agencies under his control with the activities of all other
town agencies, including those elected by the voters of Randolph and
those appointed by other elected officials.
Except as otherwise provided by this charter and subject to
the civil service law and any collective bargaining agreements as
may be applicable, the town manager shall appoint, based upon merit
and fitness alone, all department heads, officers, subordinates, employees
and all appointed multiple member bodies for whom no other method
of selection is provided in this charter except employees of the school
department. Appointments made by the town manager shall become effective
upon the approval of the council; provided, however, that such approval
is received within 15 days of filing such notice of appointment. If
the town council shall fail to act, appointments made by the town
manager shall become effective on the fifteenth day following the
day on which notice of the proposed appointment is filed with the
town council. For the purpose of this section, notice of appointment
shall be considered filed with the town council when such notice is
filed at an open meeting of the town council. Department heads shall
appoint all officers, subordinates and employees within their department
subject to the approval of the town manager.
He shall administer all personnel policies, practices, or rules
and regulations, any compensation plan and any related matters for
all municipal employees and administer all collective bargaining agreements,
except for school department agreements, entered into by the town.
He shall be responsible for the negotiation of all union and
non-union contracts with town employees over wages and other terms
and conditions of employment, except employees of the school department.
The town manager may, subject to the approval of the town council,
employ special counsel to assist in the performance of these duties.
Contracts shall be subject to the approval of the town council.
He shall be responsible for making sure that all of the provisions
of the laws of the commonwealth, the town charter, town ordinances
and other votes of the town council which require enforcement by him,
or by officers or employees subject to his supervision, are faithfully
carried out and enforced.
He shall prepare and submit an annual operating budget and a capital outlay program as provided in article
5.
He shall be responsible for making sure that a full and complete
record of the financial and administrative activities of the town
is kept and shall render a complete report to the town council at
the end of each fiscal year and at such times as the town council
may reasonably require.
He shall execute contracts, subject to such prior town council
approval as may be prescribed by ordinance.
He shall have full jurisdiction over the rental and use of all
town facilities, except school or library buildings and grounds and
properties under the jurisdiction of the conservation commission pursuant
to section 8C of chapter 40 of the General Laws. He shall be responsible
for the maintenance and repair of all town-owned property, including
school or library buildings and grounds, but not including vacant
land under the jurisdiction of the conservation commission pursuant
to said section 8C of said chapter 40, if a town ordinance authorizing
a central town maintenance department is created.
He may at any time inquire into the conduct of office of any
officer, employee or department under his supervision.
He shall be responsible for ensuring that a full and complete
inventory of all property owned by the town, both real and personal,
is kept.
He shall keep the town council fully advised as to the financial
condition of the town and of the administration of the town's
affairs by filing written reports with the town council not less than
quarterly throughout the year.
He shall, from time to time, as in his judgment the needs of
the town require, make such recommendations to the town council for
action to be taken by it as he may deem to be necessary or desirable.
He may authorize any subordinate officer or employee to exercise
any power or perform any function which he is authorized to exercise
or perform; provided, however, that all acts performed under any such
delegation shall be deemed to be acts of the town manager.
He shall determine the existence of a public emergency or danger
and shall assume responsibility for the maintenance of public safety,
public order and enforcement of the laws of the commonwealth. The
manager shall notify the council president as soon as practical, but
within 24 hours, of such a public emergency or danger and of the actions
taken. Should the public emergency continue more than 24 hours, the
town council may meet to review, ratify or terminate such public emergency.
He shall execute all deeds conveying town real property; provided,
however, that any such conveyance shall have been previously authorized
by the vote of the town council pursuant to the applicable provisions
of the laws of the commonwealth.
He shall publish an annual report comprised of the complete
statistical record of the operations of every town department, commission
and committee for the preceding year and such report shall be published
annually and made available for distribution to the public not later
than 4 months after the end of the period on which the report is based.
He shall perform such other functions as may, from time to time,
be assigned to the office of town manager by ordinance or other vote
of the town council, or otherwise.
The town manager shall receive compensation as may be established
by the town council, from time to time, for the office of town manager.
The person serving as town manager shall cease to be town manager
upon expiration of his contract or term of office.
Earlier in time than the expiration described in the preceding
sentence, the town council, by affirmative vote of a two-thirds majority
of the full board, may vote to terminate, remove or suspend the town
manager from office in accordance with the following procedure.
Before the town manager may be removed, if he so demands, he
shall be given a written statement of the reasons alleged for his
removal and shall have a right to be heard thereon at a meeting of
the town council prior to the final vote on the question of his removal,
but pending and during such hearing the town council may suspend him
from office. The action of the town council in suspending or removing
the town manager shall be final, it being the intention of this section
to vest all authority and to fix all responsibility for such suspension
or removal in the town council. The town manager shall continue to
receive his salary until the effective date of a final vote of removal.
The town council may, by ordinance, establish a procedure governing
the removal from office of a town manager in such detail as it may
deem necessary or desirable.
No contract of employment for a town manager shall be inconsistent
with this section.
There shall be an annual review of the town manager's job
performance conducted by town council.