[HISTORY: Change of Government from Board of Selectmen to Town Manager adopted at Annual Town Meeting on 12-16-2008, effective as of Special Town Election on 9-15-2009. Amendments noted where applicable.]
Town Manager — See Charter Art. 3.
Appointment, term of office. The Town council, by the affirmative vote of at least two-thirds (2/3) of the members, shall appoint a Town manager to serve for a term of office of up to five (5) years.
Qualifications. The Town manager shall be a person of proven administrative ability, specially qualified by education and training with at least five (5) years full-time paid experience as a city or town manager, or an assistant city or town manager or the equivalent public or private sector level experience. The Town council may, from time to time, establish such additional qualifications as seems necessary and appropriate. The Town manager shall devote his full time to the office and shall not hold any other public office, elected or appointed, nor shall he engage in any other business, occupation or profession during his term unless such action is approved, in advance, by the Town council. The Town council may, by ordinance, establish other qualifications for the office of Town manager.
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 fifteen (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 (15th) 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 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 twenty-four (24) hours, of such a public emergency or danger and of the actions taken. Should the public emergency continue more than twenty-four (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 four (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.
Editor's Note: Section derived from the Town Charter, signed by Lt. Governor on 3-9-2009 and approved on 4-7-2009.
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 (2/3) 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.
Temporary absence. The Town Manager shall, by letter filed with the Town Council and a copy filed with the Town Clerk, designate a qualified Town officer or administrative employee to exercise the powers and perform the duties of his office during a temporary absence. During the first ten (10) working days of a temporary absence of the Town Manager, the Town Council may revoke such designation by a two-thirds (2/3) vote and, after the expiration of ten (10) working days, by a majority vote, whereupon it may appoint another qualified Town officer or employee to serve as acting Town Manager until the Town Manager shall return and resume his duties.
Vacancy. Any vacancy in the office of Town Manager shall be filled as soon as possible by the Town Council but pending such appointment, the Town Council shall designate a qualified Town officer or administrative employee to exercise the powers and perform the duties of the Town Manager on an acting basis. The appointment of an acting Town Manager shall be for a term not to exceed four (4) months; provided, however, one (1) renewal, not to exceed a second four (4) months, may be permitted.
Powers and duties. The powers of a temporary or acting Town Manager shall be limited to matters not admitting of delay; provided, however, that no temporary Town Manager acting under Subsection A shall have authority to make any permanent appointment to, or removal from, any office or position under the Town.
There shall be an annual review of the Town Manager's job performance conducted by Town Council.