(a)
Appointment: The Board of Selectmen shall appoint a Town Administrator
for a term not to exceed three (3) years, as the Board may determine,
and the Town Administrator may be appointed for successive terms of
office.
(b)
Qualifications: The Town Administrator shall be a person of demonstrated
ability with administrative experience in public management or business
administration and who is qualified by reason of education, skills
and experience. The Board of Selectmen may establish additional qualifications
for the office of Town Administrator. To the extent permitted by law,
the terms of the Town Administrator's employment may be subject of
a written agreement between the parties setting forth the length of
service, compensation and other terms that are customarily included
in an employment contract.
(c)
General Terms: The Town Administrator shall devote full time to the
duties of said office and shall not engage in any other business or
occupation during the term of employment by the Town without the written
approval of the Board of Selectmen. The Town Administrator shall hold
no elective office in the Town during the term as Town Administrator,
but the Board of Selectmen may appoint the Town Administrator to any
appointed office or position consistent with the responsibilities
of the Town Administrator. Before beginning the duties as Town Administrator,
the newly appointed Town Administrator shall be sworn to faithful
and impartial performance thereof by the Town Clerk. The Town Administrator
shall not have served in elective office for the Town of Norwell for
at least twenty-four (24) months prior to being appointed.
(d)
Compensation: The Board of Selectmen shall set the compensation of
the Town Administrator, not to exceed the amount appropriated by the
Town meeting.
(e)
Performance Evaluation: The Board of Selectmen shall conduct an annual
performance review of the Town Administrator. Annual performance reviews
shall be based on the Town Administrator's accomplishments pursuant
to the powers and duties specified under Section 5-2 of this Charter,
and the successful completion of any additional goals set by the Board
of Selectmen the preceding year.
The Town Administrator shall be the Chief Administrative Officer
of the Town. The Town Administrator shall be responsible to the Board
of Selectmen for the effective management of all Town affairs placed
in the Town Administrator's charge by this Charter, the Board of Selectmen
or vote of the Town meeting. The Town Administrator shall implement
Town policies and coordinate operational and strategic planning for
the Town. The Town Administrator shall facilitate communication between
all Town departments and officials and the public. The duties of the
Town Administrator shall include, but not be limited to the following:
(a)
Appointment Authority:
(1)
The Town Administrator shall appoint and may remove a Treasurer-Collector
and Accountant. The Town Administrator shall consult with the Board
of Selectmen prior to making any appointment or removal under this
subsection. Unless otherwise provided under law, appointments or removals
shall become effective twenty (20) days after notice of appointment
or removal is filed with the Board of Selectmen, unless the Board
of Selectmen rejects the appointment or removal by a majority vote
within twenty (20) days or approves the appointment or removal by
a majority vote of the board before twenty (20) days are over.
(2)
The Town Administrator shall appoint and may remove all other
department heads that serve with any appointed board, commission or
committee, other employees for whom no other method is provided under
this Charter, and shall approve the appointment and removal for all
other employees, except employees of the School Department, Fire Department
and Officers of the Police Department, under the General Laws or this
Charter. The Town Administrator shall consult with and obtain the
approval of the appropriate appointed board, commission or committee
prior to making any appointment or removal under this subsection.
Unless otherwise provided under law, said appointments or removals
shall become effective twenty (20) days after the notice of an appointment
or removal is filed with the Board of Selectmen, unless the Board
of Selectmen rejects the appointment or removal by a majority vote
within twenty (20) days or approves the appointment or removal by
a majority vote of board members present and voting before the twenty
(20) days are over. This paragraph shall not apply to any department
heads that serve with elected boards, commissions or committees.
(3)
The Town Administrator shall appoint and may remove all department
heads that serve with an elected board, commission or committee, except
employees of the School Department, provided that the Town Administrator
shall consult with and obtain the approval of the elected bodies prior
to making an appointment or removal under this paragraph, unless otherwise
provided by the General Laws or this Charter.
(4)
Department heads shall, subject to the approval of the Town
Administrator, appoint and may remove assistant department heads,
subordinates and employees, except employees of the School Department,
the Fire Department and Officers of the Police Department. The department
head seeking to make an appointment or removal shall consult with
the appropriate elected or appointed board, commission, committee
or official prior to making the appointment or removal, unless otherwise
provided by the General Laws or this charter.
(5)
The Town Administrator, in consultation with department heads
and the affected boards, may transfer personnel between departments
as needed. Such transfer is presumed to be temporary and requires
the approval of the affected boards. This paragraph shall not apply
to personnel of the School Department.
(6)
All appointments under this section shall be based on education,
skills and experience alone.
(7)
Copies of notices of board and commission vacancies, job vacancies
and opportunities and requests for volunteers shall be conspicuously
posted in the Town Hall and on the Town's official website. The Town
Administrator may also advertise such vacancies and opportunities
in local newspapers or other media at a cost not to exceed the amount
appropriated by the Town meeting.
(b)
Administrative Responsibilities:
(1)
The Town Administrator shall supervise the general activities
and direct the operations of all Town departments, unless otherwise
provided by the General Laws, this Charter or Town by-laws. This paragraph
shall not apply to the activities and operations of the School Department
and to statutory responsibilities and functions of the School Committee.
(2)
The Town Administrator shall supervise and be responsible for
all town employees unless otherwise provided by the General Laws,
this Charter, or Town by-laws. This paragraph shall not apply to employees
of the School Department and to the statutory responsibilities and
functions of the School Committee.
(3)
The Town Administrator shall reorganize, consolidate and establish
departments under the Town Administrator's supervision and the jurisdiction
of the Board of Selectmen, subject to the General Laws, this Charter,
Town by-laws or by vote of Town meeting. Prior to taking action under
this subsection, the Town Administrator shall notify and obtain the
approval of the Board of Selectmen. The Board of Selectmen shall hold
a public hearing and shall have thirty (30) days following the public
hearing to approve any proposal under this subsection. With the approval
of the Board of Selectmen and Advisory Board, the Town Administrator
may transfer all, or part of an unexpended appropriation of a reorganized
or consolidated department, board or office to any other Town department,
board or office.
(4)
The Town Administrator shall administer, either directly or
through an appointed person, all general and special laws applicable
to the Town, the town by-laws, votes of the Town within the scope
of the Town Administrator's duty and all policy rules and regulations
made by the Board of Selectmen, provided, however, that any delegation
shall be considered an act of the Town Administrator.
(5)
The Town Administrator shall establish control and data systems
appropriate for monitoring expenditures by Town boards and departments
to enable the town Administrator to make periodic reports to the Board
of Selectmen and the Advisory Board on the status of the Town's finances.
(6)
The Town Administrator shall develop and administer a personnel
management system, including, but not limited to, the creation of
job descriptions, a reporting structure, determination of rates of
pay, the development and implementation of an ongoing training program,
evaluation process, personnel management and hiring policies, practices
and regulations relating to Town employment.
(7)
The Town Administrator shall manage and maintain all Town buildings,
properties and facilities, excluding those of the School Department,
under the Town Administrator's authority under this Charter, Town
by-laws or by vote of Town meeting. The Town Administrator may maintain
and repair other buildings, properties and facilities if and to the
extent departments, agencies, boards, committees and commissions request
and authorize such maintenance and repair activities, unless otherwise
prohibited by the General Laws, this Charter, Town by-laws or by vote
of Town meeting. The Town Administrator shall keep and annually update
a full and complete inventory of all Town property, both real and
personal.
(8)
The Town Administrator shall attend and participate in all regular
and special meetings of the Board of Selectmen and Town meetings,
unless excused by the Board of Selectmen.
(9)
The Town Administrator shall ensure that there are complete
records taken and maintained of Board of Selectmen meetings and compile
reports of the meetings as requested by the Board of Selectmen.
(10)
The Town Administrator shall act as the liaison to and represent
the Board of Selectmen before state, federal and regional authorities.
(11)
Subject to policy established by the Board of Selectmen, the
Town Administrator shall approve all warrants and vouchers, including
payroll warrants for payment of Town funds submitted by the Town Accountant.
Any warrants generated by the Town Administrator shall be signed by
the Board of Selectmen.
(12)
In consultation with the Board of Selectmen, the Town Administrator
shall identify and submit applications for state or federal grants
for which the Town is eligible. The Town Administrator shall approve
all grant applications submitted by other boards, commissions and
departments of the Town on behalf of the Town or a member of a proposed
or active regional agreement, consortium or similar partnership.
(13)
The Town Administrator shall perform any other duties consistent
with the office of Town Administrator and as may be required by Town
by-law, vote of the Town or by vote of the Board of Selectmen.
(c)
Financial Management and Reporting: Budget Preparation:
(1)
The Town Administrator shall prepare and submit to the Board
of Selectmen and the Advisory Board, at a public meeting not less
than ninety (90) days prior to the annual Town meeting, a proposed
written budget for Town government, excluding the School Committee,
for the ensuing fiscal year.
(2)
The Town Administrator shall detail in the proposed budget all
estimated revenues from all sources and all expenditures, including
debt service, in case for the previous, current and ensuing years.
(3)
The Town Administrator shall include in the proposed budget
free cash, stabilization funds and other funds available for appropriation
for the ensuing fiscal year, including estimated balances in special
accounts.
(4)
The Town Administrator shall provide additional financial reports
as established by Town by-law and vote of Town meeting.
(5)
All departments, boards, officials, and committees of the Town,
including the School Committee, shall, within the timeframe reasonably
requested by the Town Administrator, furnish in writing all relevant
information in their possession and submit to the Town Administrator,
the Board of Selectmen and the Advisory Board a reasonable estimate
of the appropriations required and any other funds expected to be
available. The Town Administrator shall cooperate and share information
with all departments, boards, officials, and committees of the Town,
including the School Committee, in preparation of the budget.
(6)
The Town Administrator shall assist the Board of Selectmen to
develop a long-range financial plan for the Town, including preparation
of a multi-year forecast of expected revenues and expenditures.
(d)
Labor Relations:
(1)
The Town Administrator shall negotiate collective bargaining
contracts on behalf of the Board of Selectmen, which shall be subject
to approval, ratification and execution by the Board of Selectmen.
The Board of Selectmen, at its discretion, may authorize use of special
counsel to assist the Town Administrator in the negotiations.
(2)
The Town Administrator shall administer and ensure adherence
to collective bargaining agreements.
(e)
Procurement: The Town Administrator shall act as the Chief Procurement
Officer under Chapter 30B of the General Laws, responsible for the
purchasing of all supplies, materials and equipment for the Town,
including the bidding and awarding of all contracts, except for the
School Department.
(a)
Permanent Vacancy: The Board of Selectmen shall fill any permanent
vacancy in the office of the Town Administrator as soon as feasible
under Section 5-1 of this charter. Pending the appointment of a Town
Administrator, the Board of Selectmen shall, within a reasonable period
of time, appoint some other capable person to temporarily perform
the duties of the Town Administrator until a permanent replacement
is appointed.
(b)
Temporary Absence or Disability:
(1)
The Board of Selectmen shall designate a capable officer of
the Town to perform the duties of Town Administrator during a temporary
absence or disability. If the person designated is unable to serve,
the Board of Selectmen may designate some other capable person to
perform the duties of Town Administrator.
(2)
The powers and duties of the Acting Town Administrator shall
be limited to matters that shall not be delayed and shall include
authority to make temporary, emergency appointments or designations
to Town office or employment, but not to make permanent appointments
or designations unless authorized by the Board of Selectmen.
The Board of Selectmen may remove or suspend the Town Administrator
from office after first applying the following procedures, unless
otherwise provided under an employment contract or the General Laws:
(a)
Notice: By the affirmative vote of at least three (3) of its members,
the Board of Selectmen may adopt a preliminary resolution of removal
setting forth in reasonable detail the reasons for the proposed removal.
The preliminary resolution may suspend the Town Administrator for
a period not to exceed forty-five (45) days. A copy of the resolution
shall be delivered to the Town Administrator immediately following
adoption and a copy shall be filed with the Town Clerk.
(b)
Public Hearing: Within five (5) days after the delivery of the preliminary
resolution of removal, the Town Administrator may request a public
hearing on the reasons cited for removal by filing a written request
with the Board of Selectmen. The Board shall convene the hearing not
less than twenty (20) but not more than thirty (30) days after a request
is filed. The Board of Selectmen shall give the Town Administrator
not less than five (5) days written notice of the date, time and location
of the hearing. The Town Administrator may waive, in writing, such
time limits. The Town Administrator may waive, in writing, such time
limits. The Town Administrator may file a written statement with the
Board of Selectmen responding to the reasons cited for the proposed
removal; provided that the Administrator files the statement with
the Board of Selectmen not less than forty-eight (48) hours prior
to the time set for the hearing. The Town Administrator may be represented
at the hearing by counsel. The Town Administrator shall be entitled
to, personally or through counsel, present evidence, call witnesses
and question witnesses.
(c)
Removal or Suspension: The Board of Selectmen may, by an affirmative
vote of at least three (3) of its members, adopt a final resolution
of removal or suspension that shall be effective upon adoption:
(1)
If the Town Administrator does not request a public hearing,
then upon the expiration of ten (10) days from the date of delivery
to the Town Administrator of preliminary resolution of removal or
suspension, the Selectmen may remove or suspend the Town Administrator.
(2)
If the Town Administrator does request a public hearing, then
five (5) days from the completion of the public hearing or forty-five
(45) days from the date of the adoption of the preliminary resolution,
whichever occurs later, the Board of Selectmen may remove or suspend
the Town Administrator. Failure to adopt a final resolution of removal
or suspension within the time limitations provided in this section
shall nullify the preliminary resolution of removal or suspension.
This section vests all authority and fixes all responsibility for
such removal or suspension in the Board of Selectmen. The action of
the Board of Selectmen in removing or suspending the Town Administrator
shall be final. The Town Administrator shall continue to receive the
Town Administrator's salary until final resolution of removal or suspension
has become effective.
