[Amended 8-26-2002 STM,
Art. 1; by Chapter 163 of the Acts
of 2020]
The select board shall appoint a Town Administrator for an indefinite
term and fix the town administrator's compensation within the amount
appropriated by the town. The Town Administrator shall be appointed
solely on the basis of the town administrator's executive and administrative
qualifications. The town administrator shall be a person especially
fitted by education, training and previous experience in public administration
to perform the duties of the office. The town administrator need not
be a resident of the town or of the commonwealth at the time of the
town administrator's appointment, but the town administrator must
establish residence in a city or town that has borders within 25 miles
of the boundaries of the Town of Easton within 12 months following
the town administrator's appointment. The town administrator shall
not have served in an elective office in the town government for at
least 12 months prior to the town administrator's appointment. The
town administrator shall devote full time to the office and shall
not hold any other public office, elective or appointive, nor engage
in any other business or occupation during the town administrator's
term, unless such action is approved in advance, in writing, by the
select board. The town may from time to time establish by bylaw such
additional qualifications as seem necessary and appropriate.
Any vacancy in the office of the Town Administrator shall be
filled as soon as possible by the select board, and meanwhile it shall
appoint a suitable person as temporary Town Administrator to perform
the duties of the office. Such temporary appointment may not exceed
three months, but one additional renewal may be voted by the select
board not to exceed a second three months. Compensation for such person
shall be set by the select board.
[Amended by Chapter 382 of the Acts of 1990; 1-12-2004 STM, Art. 20; by Chapter 163 of the Acts of 2020]
The Town Administrator shall be the chief administrative officer
of the town and be directly responsible to the select board for the
administration of all town affairs placed in the town administrator
charge by or under this Charter. The town administrator shall have
the following powers and duties:
(a) The town administrator shall supervise and direct the administration
of all departments, agencies and offices for whose function the town
administrator is responsible.
(b) The town administrator shall appoint, subject to the provisions of
the Civil Service Law where applicable and except as otherwise authorized by
the Charter, all department heads, officers, members of boards and
commissions and employees. Such appointments, when made, shall become
effective on the 15th day following the day on which notice of the
appointment is filed with the select board, unless the select board
shall within that period by a majority of all of its members vote
to reject such appointment.
(c) The town administrator shall fix the compensation of all town officers
and employees appointed by the town administrator within the limits
established by existing appropriations and town bylaws.
(d) The town administrator shall attend all regular meetings of the select
board unless excused at the town administrator own request, except
meetings at which the town administrator removal is being considered,
and shall have a voice but no vote in all of its deliberations.
(e) The town administrator shall keep full and complete records of the
town administrator office and shall render as often as may be required
by the select board, but not less than once in each year, a full report
of all operations during the period reported on, which report shall
be made available to the public.
(f) The town administrator shall keep the select board fully advised
as to the needs of the town and shall recommend to the select board
for adoption such measures requiring action by it or by the Town Meeting
as the town administrator may deem necessary or expedient.
(g) The town administrator shall have full jurisdiction over the rental
and use of all town property, except school property and property
under the control of the Conservation Commission. The town administrator
shall be responsible for the maintenance and repair of all town buildings
and facilities placed under the town administrator control by this
Charter, by bylaw, by vote of the town or otherwise.
(h) The town administrator shall prepare and present to the select board the annual budget of the town and shall also be responsible for the development and annual updating of the capital improvement program as provided in Article
6.
(i) The town administrator shall keep a full and complete inventory of
all property of the town, both real and personal.
(j) The town administrator shall negotiate contracts involving any subject
within the town administrator jurisdiction. These proposed contracts
shall be subject to final approval and execution by the select board.
Copies of all proposed contracts shall be filed with the Finance Committee
before final action is taken by the select board.
(k) The town administrator shall be responsible for purchasing all supplies,
material and equipment for all departments and activities of the town,
but not including food for schools, school books and other instructional
material, supplies and equipment, library books and related printed
and audiovisual material unless otherwise specifically requested by
the School Committee.
(l) The town administrator shall see that all of the provisions of the
General Laws, of the Charter, of votes of the Town Meeting and votes
of the select board which require enforcement by the town administrator
or officers subject to the town administrator direction and supervision
are faithfully carried out.
(m) The town administrator shall prepare, and revise as necessary, a
Personnel Plan establishing personnel requirements. It shall include
a Salary Plan and a Classification Plan as developed by the Human
Resources Board. The Personnel Plan shall include job descriptions,
together with wage and salary schedules, for all departments established
by this Charter, Administrative Code, or town bylaw, except school
department employees. The Town Administrator shall present the Personnel,
Salary and Classification Plans to the select board and they shall
become effective within 30 days after submission unless rejected by
the select board.
(n) The town administrator may at any time inquire into the conduct of
office of any officer or employee or department, board or commission
under the town administrator control.
(o) The town administrator shall attend all sessions of the Town Meetings
and answer all questions directed to the town administrator by the
voters of the town which relate to the town administrator office.
(p) The town administrator shall perform any other duties required by
the bylaws, Administrative Code, the voters of the Town Meeting or
the votes of the select board.
(q) The town administrator shall advertise all vacancies on town boards
and committees in a newspaper of general circulation and shall actively
recruit candidates for all appointments to be made by himself, the
select board or the Moderator.
[Amended by Chapter 163 of
the Acts of 2020]
By letter filed with the Town Clerk, the Town Administrator
shall designate a qualified town administrative employee or officer
to exercise the powers and perform the duties of Town Administrator
during the town administrator's temporary absence. During the town
administrator's absence the Select Board may not revoke such designation
until at least 10 working days have elapsed, whereupon it may appoint
another qualified town administrative employee or officer to serve
until the Town Administrator shall return.
[Amended by Chapter 163 of
the Acts of 2020]
The select board may remove the Town Administrator from office
in accordance with the following procedure:
(a) The select board shall adopt a preliminary resolution of removal
by the affirmative vote of a majority of all its members which must
state the reason or reasons for removal. This preliminary resolution
may suspend the Town Administrator for a period not to exceed 45 days.
A copy of the resolution shall be delivered to the Town Administrator
forthwith.
(b) Within five days after receipt of the preliminary resolution the
Town Administrator may request a public hearing by filing a written
request for such hearing with the select board. This hearing shall
be held at a meeting of the select board not later than 30 days after
the request is filed nor earlier than 20 days. The Town Administrator
may file a written statement in justification of the town administrator's
tenure of office with the select board, provided the same is received
at its office more than 48 hours in advance of the public hearing.
(c) The select board may adopt a final resolution of removal, which may
be made effective immediately, by affirmative vote of a majority of
all of its members, at any time after 10 days following the date of
delivery of a copy of the preliminary resolution to the Town Administrator,
if the town administrator has not requested a public hearing, or any
time after the public hearing if the town administrator has requested
one. Within 10 days following its vote to make its resolution final
but in no event later than 45 days following the date of adoption
of the first resolution, the select board must, by majority vote of
the full membership, either affirm or dismiss the final resolution
of removal. Failure to affirm a final resolution of removal shall
nullify the vote to dismiss the Town Administrator.
The Town Administrator shall continue to receive the town administrator's
salary until the effective date of a final resolution of removal.
The action of the select board in suspending or removing the Town
Administrator shall be final, it being the intention of this provision
to vest all authority and fix all responsibility for such suspension
or removal in the select board.