4-1-1.
The Select Board, by an affirmative vote of at least four members,
shall appoint a Town Manager for an indefinite term to serve at its
pleasure.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-1-2.
The Select Board shall appoint a search committee of at least three
people, not to include any member of the Select Board, for the purpose
of recommending candidates for the position of Town Manager.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-1-3.
The Town Manager shall be appointed on the basis of education, executive
and administrative qualifications and experience.
[Amended by Chapter 465 of the Acts of 2010, approved 1-14-2011; Chapter 292 of the Acts of 2020,
approved 1-8-2021]
4-3-1.
The Town Manager shall be the chief administrative officer of the
Town and shall be responsible for administering and coordinating all
employees, activities and departments placed by General Law, this
Charter or by-law under the control of the Select Board and of the
Town Manager.
4-3-2.
He/She shall devote his full working time to the duties of his office;
he/she shall not become a candidate for, or hold, any elective office
during his term of appointment; and he/she shall not engage in any
business activity during his term, except with the written consent
of Select Board. He/She shall:
(a)
Attend all meetings of the Select Board, except when excused, and
he/she shall have the right to speak but not to vote.
(b)
Assemble, prepare, and present to the Select Board all annual operating
and capital budgets of the Town and be responsible for the development
and annual revision of the capital improvements program.
(c)
Be responsible for seeing that the budget is administered and expended
as adopted by the Town Meeting and in accordance with General Law,
this Charter, and by-law.
(d)
Keep the Select Board informed regarding all departmental operations,
fiscal affairs, general problems, and administrative actions, and
to this end shall submit quarterly reports to the Board.
(e)
Keep the Board informed regarding the availability of state and federal
funds and how such funds might relate to unmet short-range and long-range
needs.
(f)
Solicit and prepare applications for grants.
(g)
Be responsible for the day-to-day administration of the Town's personnel
system.
(h)
Be responsible for the purchasing of all Town services and departments,
except those of the School Department.
(i)
Make recommendations to the Select Board regarding vacancies in Town
offices and boards to be filled by the Select Board.
(j)
Be responsible for the administrative functions of recreation, historical
preservation, services for the elderly, and veteran's services.
(k)
Develop, keep, and annually update a full and complete inventory
of all property of the Town, except school property, both real and
personal.
(l)
Distribute, or cause to be distributed, copies of the warrant and
Finance Committee report for all Town Meetings as prescribed in Chapter
9-6-1 of the Town Charter as amended.
(m)
Negotiate collective bargaining contracts on behalf of the Select
Board, unless the Board shall have designated another negotiator.
(n)
Perform such other duties as may be required by this Charter, by-law,
or vote of the Select Board.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-4-1.
Subject to the approval of the Select Board, the Town Manager shall
have the power to appoint and, on the basis of merit and fitness alone,
and except as may otherwise be provided by general law, this Charter,
or personnel by-laws, may suspend or remove:
4-4-2.
The Town Manager shall also appoint, on the basis of merit and fitness
alone, and except as may otherwise be provided by the General Laws,
this Charter, personnel by-law, or collective bargaining agreements,
may suspend or remove all full-time, part-time or seasonal employees,
except those of the Library Trustees, the Police and Fire Departments
and the School Committee. All such appointments and removals shall
be subject to disapproval by an affirmative vote of the Select Board
taken within 14 days, provided the vote is first taken at a Select
Board's meeting at which five members are present and voting; otherwise,
if less than five members are present and voting, such disapproval
shall only require three votes.
4-5-1.
The Town Manager shall administer and enforce collective bargaining
contracts, personnel rules, regulations, and by-laws adopted by the
Town.
4-5-2.
After consultation with the Select Board, the Town Manager shall
from time to time propose, and the Town Meeting may adopt, with or
without amendment, personnel by-laws and rules relating to all Town
positions, except those covered by collective bargaining contracts
and those of the School Department. Such by-laws shall provide for:
[Amended by Chapter 70 of the Acts of 1997, approved 8-13-1997; Chapter 292 of the Acts of 2020,
approved 1-8-2021]
(a)
(Reserved)
(b)
(Reserved)
(c)
Methods of determining the merit and fitness of candidates for appointment
and promotion.
(d)
Policies and procedures regulating reduction in force and removal
of employees.
(e)
Hours of work, attendance regulations, and provisions for sick, vacation,
military and other leave.
(f)
Policies and procedures governing persons holding provisional appointments.
(g)
Policies and procedures governing relationships with employee organizations.
(h)
Policies regarding in-service training programs.
(i)
Grievance procedures for the hearing of grievances.
(j)
Such other practices and procedures as may be necessary for the administration
of the personnel system.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-6-1.
The Town Manager may, with the approval of the Select Board, establish,
reorganize, consolidate or abolish any department or position placed
by this Charter under his direction and supervision, except as otherwise
provided by General Law or this Charter.
4-6-2.
The creation of any new full-time, compensated position shall require
the approval of the affirmative vote of four members of the Select
Board, and shall not become effective until the position has been
funded by a vote of the Town Meeting.
[Amended by Chapter 412 of the Acts of 2012, approved 1-4-2013; Chapter 292 of the Acts of 2020,
approved 1-8-2021]
4-7-1.
Warrants for the payment of Town funds, prepared and signed by the
Town Accountant in accordance with General Law procedures, shall be
submitted to the Town Manager, and the Town Manager's approval of
the warrant shall be sufficient authorization for payment by the Treasurer
or a designee; provided, however, that one Select Board member designated
by the full Board shall approve all warrants in the Manager's absence
or in the event of a vacancy in the office of the Town Manager.
4-8-1.
The Select Board shall annually evaluate the performance of the Town
Manager. The Board shall adopt a written set of procedures and criteria
which shall form the basis for the evaluation.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-8-2.
A copy of the evaluation shall be provided to the Manager.
4-9-1.
The Select Board, by the affirmative vote of at least three members,
may initiate the removal of the Town Manager by adopting a resolution
to that effect, stating the reasons therefor, provided that no such
resolution shall be adopted within 60 days following any Town election
that has resulted in a change in the incumbents on the Board. The
vote initiating removal shall be taken at a regular scheduled public
meeting and in open session.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-9-2.
The adoption of said resolution shall serve to suspend the Town Manager
for a period of not more than 45 days, during which the salary shall
continue to be paid. A copy of such resolution shall be delivered
forthwith to the Town Manager in person, or sent by registered mail
to his place of residence.
4-9-3.
Within five days following the receipt of such resolution, the Town
Manager may file a written request for a public hearing. If such a
hearing is requested, the Board shall schedule it within two weeks
and it shall be held in a public place. At least seven days prior
to the public hearing, the Board shall advertise the hearing in a
newspaper of local circulation and shall cause identical notices citing
the purpose, location, time, and date to be posted in the Town Hall
and in three other places of public access within the Town.
4-9-4.
The Moderator shall preside at such hearing.
4-9-5.
At any such hearing, the reasons for the removal shall first be read
aloud. The Town Manager shall then have the right to respond, either
personally or through counsel. The Select Board and the Town Manager
shall have the right to call witnesses and to subpoena any and all
Town records.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-9-6.
Final removal of any Town Manager shall be effected by the affirmative
vote of at least three members of the Select Board at a public meeting
of the Board held within seven days of such public hearing, if requested.
If no hearing has been requested, final removal may be effected by
an affirmative vote of at least three members, at a meeting of the
Board held not earlier than 14 days after the vote initiating the
removal. The salary of the Town Manager shall continue to be paid
for a period of 60 days after the vote effecting removal from office.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-9-7.
The Town Manager shall provide the Select Board with at least 90
days' notice of an intended resignation; provided, however, that the
Board may, at its discretion, shorten or waive such requirement.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-10-1.
When a vacancy arises in the office of the Town Manager, the
Select Board shall advertise the vacancy as soon as possible. The
Board shall fill the vacancy as soon as possible but in any case,
within six months.
[Amended by Chapter 292 of
the Acts of 2020, approved 1-8-2021]
4-11-1.
The Select Board shall designate, within 10 days, a Town employee
or other person to exercise the rights and perform the duties of Town
Manager during any vacancy caused by the temporary absence or suspension,
or removal, resignation, or death of the Town Manager. The appointment
shall be for a period not to exceed 90 days, and it may be renewed,
in the case of suspension, removal, resignation, or death only once
for an additional period not to exceed 90 days. The appointee shall
be ineligible for appointment as Town Manager.
