[Amended 4-11-2007 ATM
by Art. 44, approved 5-21-2007; Acts of 2019, Ch. 110, approved 11-13-2019]
(b)
It is the intent of this Charter to confer upon the select board such limited legislative powers and general executive policy setting and investigative powers as are provided in Article III but at the same time, by virtue of this Article IV, to confer upon the Town Manager full control over Town Administration, as defined in Section 4.4(a) of this Charter, and of the administration of Town services provided for in this Article IV. Accordingly, this Charter seeks to establish clear lines between Article III powers of the select board and Article IV administrative functions as follows:
(1)
The select board are to deal with individual Town Administration employees only through or jointly with the Town Manager responsible for the overall administrative management of the Town's affairs as specified in this Article IV; and
(2)
All routine contact with Town employees concerning the functions
of Town Administration and its provision of services shall be from
the select board through or jointly with the Town Manager.
(c)
Nothing in the foregoing nor in this Charter shall be construed
to prohibit informal, non-directive conversations of Town select board
members with other Town officials, nor the inquiry by the select board
into any act or issue concerning Town Administration.
[Amended by Acts of 2019, Ch. 110, approved 11-13-2019]
(a)
The select board shall appoint a Town Manager for an initial
term of 2 years. Any successive terms shall not exceed 3 years each.
The Town Manager so appointed shall, by education, experience and
ability, be qualified to perform the duties established for the position.
Such person need not be a resident of the Town at the time of appointment
but shall be a resident during the term of office starting not later
than six months following appointment.
(b)
The Town Manager shall devote full time to the duties of the
office.
(c)
The Town Manager shall be responsible to the select board for the efficient operation of Town Administration, for acting in conformity with policies established by the Board with respect to budget and other matters, and for the proper implementation of legislation adopted by the Town pursuant to Article II. The Town Manager shall have all, the powers, rights and duties delegated by the select board or as are commonly associated with the office of chief administrative officer of a local government unit.
(d)
In particular, the Town Manager:
(1)
shall supervise, direct and be responsible for the efficient
administration of all officers, boards, councils, commissions and
committees appointed by the Town Manager, and all other Town functions
for which the Town Manager is given responsibility by this Charter,
Town bylaw, administrative code, or other legislation; and may issue
administrative orders;
(3)
shall, with the assistance of the department heads, prepare
and submit to the select board, all annual operating budgets and capital
budgets, and any proposal for budget amendment; shall establish the
schedules and procedures to be followed by all Town departments, boards,
councils, commissions and committees in connection therewith and shall
direct all phases of the budgetary process throughout each fiscal
year;
(4)
shall prepare the Town Meeting warrant for adoption by the select
board pursuant to a schedule set by the Board, by administrative code
or Town bylaw.
(5)
may be present at all meetings of the select board and may participate
in all deliberations, without the right to vote;
(6)
shall, with the assistance of the Town department heads, ensure
adequate inventory, care, construction and maintenance of all Town
properties, owned or leased, and foster centralized purchasing including,
if so requested, for the School Committee;
(7)
may require reports from and may examine the records, accounts
and operations of any Town department, board, council commission or
committee and shall recommend whatever actions or programs are deemed
necessary or desirable for the Town, the welfare of its residents
and of visitors to the Islands;
(8)
shall review, analyze and forecast trends of Town services and
programs of all Town departments, boards, councils, commissions and
committees and make reports and recommendations thereon to the select
board;
(9)
shall negotiate and sign on behalf of the Town contracts and
contract amendments for the Town and initiate contract terminations
and enforcement actions, subject in each case to resolution of approval
or disapproval of the select board, and including any Town employment
(but not union) contracts, subject to the availability of funds;
(10)
shall have the authority, subject to resolution of approval
or disapproval of the select board, to prosecute, defend and compromise,
all litigation to which the Town is party. In the event that a board,
council, commission or committee of the Town is a party defendant
to litigation and the Town a party plaintiff, that board may vote
to be represented by special counsel funded from the same appropriation
as Town Counsel would otherwise be;
(11)
shall assure that all terms and conditions imposed in favor
of the Town or its inhabitants in any statute, franchise or contract
are faithfully kept and performed;
(12)
may order any Town Administration department head to undertake
tasks for any other Town Administration department, on a temporary
basis if deemed necessary for proper and efficient administration;
(13)
shall make recommendations to the select board of actions they
might take for the improvement of the Town and for the welfare of
its residents and Island visitors, also for provision of adequate
working space and conditions of Town Administration and other Town
agencies;
(14)
shall approve warrants for payment before such warrants are
submitted to the select board; and
(15)
perform any other duties as may be required by this Charter,
by Town bylaw or by majority vote of a quorum of the select board.
[Amended 4-11-2007 ATM
by Art. 44, approved 5-21-2007; Acts of 2019, Ch. 110, approved 11-13-2019]
The Town Manager:
(a)
shall appoint the heads of all Town Administration departments
(other than any elected heads), subject to resolution of disapproval
pursuant to Section 3.4(a)(4) by the select board;
(b)
shall appoint members of Town boards, councils, commissions
and committees, but only to the extent that the power of appointment
of the select board under Section 3.4 of this Charter to make such
appointments is delegated by the select board to the Town Manager
and then subject to resolution of disapproval pursuant to Section
3.4(a)(4) by the select board;
(c)
may, at the Manager's discretion and for cause, remove, suspend
or otherwise discipline any appointee of the Manager, subject, however,
to any grievance procedure as may be established by Town bylaw, rule
or regulation or any applicable union contract provisions; and
(d)
may, if the select board creates the office of Assistant Town Manager, appoint and, subject to the limitations set out in Section 4.3(c) above, remove, suspend or otherwise discipline the Assistant Town Manager. Such Assistant Town Manager shall serve as acting Town Manager during the temporary absence or disability of the Town Manager.
[Amended 4-10-2002 ATM
by Art. 46, approved 4-1-2003 ATE]
(a)
The Town Administration shall include the Building, Finance,
Fire, Health, Island Home, Marine and Coastal Resources, Police, Public
Works, and Visitors Services departments; provided, however, that
nothing in this Charter mandates the continued existence of any such
Town Administration department or continuance of a department name
or function.
(b)
The Town Administration shall not include the Airport, the Park
and Recreation, the School and the Water departments.
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In addition to the foregoing, the following boards, commissions
and agencies shall be hereby classified as town administration departments:
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Board of Appeals
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Conservation Commission
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Council on Aging
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Council for Human Services
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Historic District Commission
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Planning Board
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Park & Recreation Commission
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Shellfish & Harbor Advisory Board
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All town employees in the employ of these boards, and commissions, and agencies as staff, assistants and the like shall, on the effective date of this amendment, come under the appointment, removal or other authority of the Town Manager in accordance with section 4.3 and 4.6 of the Charter; provided, however, that the method of appointment or election of members of such boards and commissions (which boards and commissions shall be "Department Head" within the meaning of section 4.6 of the Charter of the Town for each of their respective jurisdictions) shall not be changed by this amendment.
[Amended 4-11-2007 ATM
by Art. 44, approved 5-21-2007] | |
[Amended 4-11-2007 ATM
by Art. 44, approved 5-21-2007]
The heads of Town Administration departments shall be responsible
to the Town Manager for the efficient operation of their respective
departments and for the proper implementation of the laws and regulations
of the Commonwealth and of Town bylaws applicable to their departmental
functions.
[Amended 4-11-2007 ATM
by Art. 44, approved 5-21-2007]
With authorization of the Town Manager and subject to availability
of budgeted funds, the heads of Town Administration departments shall
appoint and hire the personnel of their respective departments. With
authorization of the Town Manager, the department heads may remove,
suspend or otherwise discipline such personnel, subject, however,
to any grievance procedures as may be established by Town bylaw, rule
or regulation or any applicable union contract provisions.
The Town Clerk shall be elected and shall have such duties and
powers as are provided by General Law, including the power to appoint
an Assistant Town Clerk.
[Amended 4-11-2007 ATM
by Art. 44, approved 5-21-2007]
The Town Manager shall not exercise any control over the discretionary
power vested by the laws of the Commonwealth in any Town board, council,
commission, or committee not within Town Administration.
[Amended 4-11-2007 ATM
by Art. 44, approved 5-21-2007]
Each Town board, council, commission or committee not within
the Town Administration shall have the power to appoint its respective
staff personnel, subject to availability of budgeted funds and (except
staff of the School Committee) subject to prior written notification
to the Town Manager. Such staff personnel shall be responsive to the
Town Manager only in matters of the Town's general administrative
procedures but not as to substantive decisions entrusted to such board,
council, commission or committee. With prior written notification
to the Town Manager, such boards may remove, suspend or otherwise
discipline their staff personnel, subject, however, to any grievance
procedures as may be established by Town bylaw, rule or regulation
or any applicable union contract provisions.
