[HISTORY: Adopted by the Town Meeting of the Town of Carver as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 2, § 2.1, of the 2015 Compilation]
The Moderator shall be elected for three years, the name to appear on the official ballot. He shall serve in accordance with the provisions of MGL c. 39, § 14.
The powers and duties of the Moderator not especially provided by by-law shall be determined by rules of practice as contained within Robert's Rules of Order as far as they are adapted to the conditions and powers of the Town.
[Adopted as Ch. 3 of the 2015 Compilation]
The Town Administrator, reporting directly to the Select Board, shall be the administrative officer for the Town of Carver and shall act as agent for the Select Board in overseeing the day-to-day operation of the Town's general government.
A. 
Appointment.
[Amended 4-12-2022 ATM by Art. 28]
(1) 
The Select Board shall appoint a Town Administrator from a list prepared by a screening committee. The Screening Committee shall be appointed by the Select Board for the purpose of identifying qualified candidates for the position. Whenever the office of Town Administrator is vacant or about to become vacant, the Select Board shall convene said Search Committee and establish rules and regulations for its work, including but not limited to the number of members who will serve and when its work is to be completed.
(2) 
The Select Board shall appoint the Town Administrator to serve for a term not to exceed five years and shall fix compensation for such person, annually, within the amount appropriated by the Town. At no time shall a contract be more than five years; provided, however, that a contract of five years or less may be renewed for subsequent terms of five years or less by vote of the Select Board only in the last year of the contract.
(3) 
The Town Administrator shall be appointed on the basis of educational, executive, and administrative qualifications and experience.
(4) 
Whenever the office of Town Administrator is vacant or about to become vacant, the Select Board may appoint an Interim Town Administrator for an initial period not to exceed six months. The Select Board may then appoint an Interim Town Administrator for successive periods as it deems necessary. The appointment of an Interim Town Administrator is not subject to the Screening Committee requirement set forth in Subsection A(1) of this section.
B. 
Qualifications.
(1) 
The educational qualifications shall consist of a master's degree, preferably in public or business administration, granted by an accredited degree-granting college or university. The professional experience shall include at least three years of prior full-time compensated executive service in public or business administration; or
(2) 
Five years or more of such professional experience and a bachelor's degree in an appropriate discipline shall qualify any applicant.
(3) 
A proven ability to relate to a variety of constituencies, included but not limited to Town elected and appointed officials, committees and boards and the general public.
(4) 
Demonstrated ability and experience with computers, in particular databases, spreadsheets and word processing.
C. 
Conditions.
(1) 
A Town Administrator need not be a resident of the Town or of the commonwealth at the time of appointment, nor at any time during the period of such service.
(2) 
The Town Administrator shall not have served in an elective office in the Town government for at least 12 months prior to appointment.
(3) 
The Town may from time to time establish, by by-law, such additional qualifications as seem necessary and appropriate.
(4) 
The Town Administrator shall devote full time to the office and shall not hold any other public office, elected or appointive, nor engage in any business or occupation during such service, unless such action is approved in advance by the Select Board.
(5) 
The Select Board shall provide for an annual review of the job performance of the Town Administrator, which shall, at least in summary form, be a public record.
The Town Administrator shall be the chief administrative officer of the Town, directly responsible to the Select Board for the administration of all Town affairs for which the offices of Town Administrator is given responsibility by or under this by-law. The powers and duties of the Town Administrator as in regard to the Police Department and the Fire Department shall be in accordance with MGL c. 41, § 97A, and MGL c. 48, § 42, both having been accepted by the Town of Carver. The powers and duties of the Town Administrator shall include, but are not intended to be limited to, the following:
A. 
Appointment duties:
(1) 
To appoint officers, members of boards and commissions as provided by by-law. Copies of the notices of all such proposed appointments shall be posted on the Town bulletin board when submitted to the Select Board. Such appointments shall become effective on the 15th day following the day on which such 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, or has sooner voted to affirm it.
(2) 
The Town Administrator shall also appoint, on the basis of merit and fairness alone, and except as may otherwise be provided by general law or collective bargaining agreements:
(a) 
All Town employees, including secretarial and clerical personnel; part-time or full-time, in consultation with the elected or appointed Town officials to whom said employees report;
(b) 
All employees of appointed Town multimember bodies;
(c) 
One or more inspectors; and
(d) 
All other full-time, part-time or seasonal employees, except those of the Police and call Fire Departments and the School Committee.
B. 
Financial management duties:
(1) 
To assure that full and complete records of the financial and administrative activities of the Town are kept and to render as often as may be required by the Select Board, but not less than once a year, a full report of all Town administrative operations during the period reported on, which shall be made available to the public.
(2) 
To prepare and present an annual operating budget for the Town and present a capital improvement plan prepared by the Capital Outlay Committee for the five fiscal years next ensuing.
(3) 
To be the chief procurement officer for the Town, in accordance with the provisions of MGL c. 30B, and to appoint such assistant procurement officers as provided in MGL c. 30B.
(4) 
Inspect and submit warrants for payment to the Select Board.
C. 
Personnel management duties:
(1) 
To be entrusted with the administration of the Town personnel system, including, but not limited to, personnel policies and procedures, rules, and regulations, including provisions for an annual employee performance review, personnel by-law and collective bargaining agreements entered into by the Town.
(2) 
The Town Administrator shall also prepare and keep current a plan establishing the personnel staffing requirements for each Town agency, except the School Department.
(3) 
To negotiate, on behalf of the Select Board, all contracts and collective bargaining agreements involving any subject within the jurisdiction of the office of the Town Administrator, including contracts with Town employees, except employees of the School Department, involving wages, hours and other terms and conditions of employment. All such contracts and agreements shall be subject to the approval of the Select Board.
D. 
Administrative duties:
(1) 
To supervise, direct and be responsible for the efficient administration of all functions and activities for which the office of Town Administrator is given authority, responsibility or control by this by-law.
(2) 
To attend all regular and special meetings of the Select Board, unless unavoidable for reasonable cause, and shall have a voice, but not vote, in all of its proceedings.
(3) 
To keep the Select Board fully advised as to the needs of the Town and recommend to the Select Board and to other elected Town officers and agencies for adoption such measures requiring action by them or by the Town Meeting as the Town Administrator may deem necessary or expedient.
(4) 
The Town Administrator shall be responsible for the maintenance and repair, rental and use, of all Town buildings and facilities placed under the Town Administrator's control by this by-law, by vote of the Town or otherwise.
(5) 
To assure that a full and complete inventory of all property of the Town, both real and personal, is kept, including all property under the control of the School Committee.
(6) 
To see that the provisions of the General Laws, Town By-Laws and other votes of the Town Meeting and votes of the Select Board which require enforcement by Town Administrator are faithfully executed.
(7) 
Keep records of his activities and render a full report to the Select Board when required.
(8) 
To coordinate the activities of all Town agencies serving under the office of the Town Administrator and the office of the Select Board with those under the control of other officers and multiple-member bodies elected directly by the voters. For this purpose the Town Administrator shall have authority to require the persons so elected, or their representatives, to meet with the Town Administrator, at reasonable times, for the purpose of effecting coordination and cooperation among all agencies of the Town. The Town Administrator shall have the right to attend and speak at any regular meeting of any multiple-member body.
(9) 
To seek and review by initiative or upon request of any Town officer, those state, federal, regional and all other grants which may be of benefit to the Town of Carver. The Town Administrator shall be the authority responsible for the reviewing and completing all applications for such grants, except as otherwise authorized by statutes. Once drafted, all grant applications shall be submitted to the Select Board for its approval and signature.
(10) 
To be responsible for any and all dispositions of noncriminal citations issued in the Town of Carver. The Town Administrator will be responsible for assigning one or more assistant clerks as required.
(11) 
To be responsible for the publication, maintenance and review of the Town by-Laws and of any duly authorized revisions, amendments, additions, or other changes pertaining thereto. Subsequent to enactment by the Town Meeting, copies of the revised by-laws shall be forwarded to the Attorney General of the Commonwealth for approval, and they shall be otherwise published, all as required by General Laws. Copies of the revised by-laws shall be made available for distribution to the public.
(12) 
To attend all sessions of all Town Meetings and answer questions raised by voters which relate to warrant articles and to matters over which the Town Administrator exercises any supervision.
(13) 
To inquire, at any time, into the conduct and operation of office or performance of duties of any officer of employee, department, board, commission or other Town agency.
(14) 
Receive and address citizen complaints and needs.
(15) 
To perform any other duties as are required to be performed by the Town Administrator by by-law, administrative code, votes of the Town Meeting or votes of the Select Board, or otherwise.