(a)
Mayor, qualifications - The chief executive officer of the Town shall
be a Mayor, elected by and from the voters of the Town at large. Any
voter shall be eligible to hold the office of Mayor. The Mayor shall
devote full time to the office and shall not hold any other elective
public office, nor shall the Mayor be actively engaged in any other
business, occupation or profession during the period of service as
Mayor.
(b)
Term of office - The term of office of the Mayor shall be four years
beginning on the first business day of January following the biennial
Town election at which chosen and until a successor is qualified.
[Amended 11-8-2016]
(c)
Compensation - The Town Council shall, by ordinance, establish an
annual salary for the Mayor.[1] No ordinance increasing the salary of the Mayor shall
be effective unless it shall have been adopted in the first 12 months
of the term for which Councilors are elected and it provides that
such salary is to become effective in January of the year following
the next biennial Town election.
The executive powers of the Town shall be vested solely in the
Mayor, and may be exercised by the Mayor either personally or through
the several Town agencies under the general supervision and control
of the Office of the Mayor. The Mayor shall cause the Charter, the
laws, the ordinances and other orders for the government of the Town
to be enforced, and shall cause a record of all official acts of the
executive branch of the Town to be kept.
The Mayor shall exercise a general supervision and direction
over all Town agencies, unless otherwise provided by general law,
by the Charter or by ordinance. Each Town agency shall furnish to
the Mayor, forthwith upon request, any information, materials or otherwise
as the Mayor may request and as the needs of the office and the interest
of the Town may require.
The Mayor shall be the chief procurement officer for the Town
responsible for buying, purchasing, renting, leasing, or otherwise
acquiring all supplies and all services for all departments and all
activities of the Town and including all functions that pertain to
the obtaining of a supply or a service, including description of requirements,
selection and solicitation of sources, preparation and award of all
contracts and all phases of contract administration. The Mayor may
delegate all or any portion of such powers and duties to a subordinate
officer, but no such delegation, shall in any way absolve the Mayor
from the ultimate responsibility for all procurement activities.
The Mayor shall supervise, direct and be responsible for the
efficient administration of all Town activities and functions placed
under the control of the Mayor by general law, by this Charter, by
ordinance or otherwise. The Mayor shall be responsible for the efficient
and effective coordination of the activities of all agencies of the
Town of West Springfield and for this purpose shall have the authority
to call together for consultation, conference and discussion at all
reasonable times all persons serving the Town, whether elected directly
by the voters, chosen by persons elected directly by the voters, or
otherwise.
The Mayor shall hold no other Town office or Town employment
for which a salary or other emolument is payable from the Town treasury.
No former Mayor shall hold any compensated appointed Town office or
Town employment until one year following the date on which such former
Mayor's Town service has terminated. This provision shall not prevent
a Town officer or other Town employee who has taken a leave of absence
in order to serve as Mayor from returning to the same office or other
position of Town employment held at the time such leave of absence
commenced; provided, however, no such person shall be eligible for
any other municipal position until at least one year following the
termination of service as Mayor.
The Mayor shall be, by virtue of office, a member of every multiple-member
body of the Town. The Mayor shall have a right, as such ex-officio
member, to attend any meeting of any multiple-member body of the Town,
at any time, including, so called, executive sessions, to participate
in the discussions, to make motions and to exercise every other right
of a regular member of such body, but not including the right to vote.
The Mayor shall appoint, subject to the review of such appointments by the Town Council as provided in Section 2-10, all Town officers, department heads and the members of multiple-member bodies for whom no other method of appointment or selection is provided by the Charter, excepting only persons serving under the School Committee, and persons serving under the Town Council. Except as may otherwise be required by the civil service law, appointments made by the Mayor shall be for indefinite terms. All persons categorized as department heads shall, subject to the consent of the Mayor, appoint all assistants, subordinates and other employees of the agency for which such person is responsible.
All appointments and promotions made by the Mayor shall be made
on the basis of merit and fitness demonstrated by examination, past
performance, or by other evidence of competence and suitability. Each
person appointed to fill an office or position shall be a person especially
fitted by education, training and previous work experience to perform
the duties of the office or position for which chosen.
(a)
Town officers and department heads - The Mayor may, in writing, remove
or suspend any Town officer, or the head of any Town department appointed
by the Mayor by filing a written statement, with the Department of
Human Resources, setting forth in precise detail the specific reasons
for such removal or suspension. A copy of the written statement shall
be delivered in hand, or mailed by certified mail, postage prepaid,
to the last known address of the said Town officer, or head of a department.
The said Town officer or head of a department may make a written reply
by filing such a reply statement, with the Department of Human Resources,
within 10 days following the date the statement of the Mayor has been
filed; but such reply shall have no effect upon the removal or suspension
unless the Mayor shall so determine. The decision of the Mayor in
suspending or removing a Town officer or a department head shall be
final, it being the intention of this provision to vest all authority
and to fix all responsibility for such suspension or removal solely
in the Mayor. The removal shall take effect on the 30th day following
the date of filing by the Mayor of the notice of removal in the office
of the Department of Human Resources.
[Amended 11-8-2015]
(b)
Other Town employees - Unless some other procedure is specified in
a collective bargaining agreement or by the provisions of the civil
service law, a department head may suspend or remove any assistant,
subordinate or other employee of the agency for which such person
is responsible in accordance with the procedures established for suspension
and removal in the personnel ordinance. The decision of the department
head to suspend or remove any assistant, subordinate or other employee
shall be subject to review by the Mayor. A person for whom a department
head has determined a suspension or removal is appropriate may seek
review of such determination by the Mayor by filing a petition for
review, in the office of the Mayor, in writing, within 10 days following
receipt of notice of such determination. The review by the Mayor shall
follow the procedures established for suspension and removal in the
personnel ordinance. The decision of the Mayor shall be final, it
being the intention of this provision to vest all authority and to
fix all responsibility for such suspension or removal solely in the
Mayor. Nothing in this section shall be construed to be a bar to any
other review as may be provided by general law.
Whenever a vacancy, either temporary or permanent, occurs in
a Town office and the needs of the Town require that such office be
filled, the Mayor may designate the head of another Town agency or
a Town officer or Town employee, or some other person to perform the
duties of the office on a temporary basis until such time as the position
can be filled as otherwise provided by law, by the Charter or by ordinance.
The Mayor shall file a certificate in substantially the following
form, with the Town Clerk, whenever a person is designated under this
section:
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I designate (name of person) to perform the duties of the office
of (designate office in which vacancy exists) on a temporary basis
until the office can be filled by (here set out the regular procedure
for filling the vacancy, or when the regular officer shall return).
I certify that said person is qualified to perform the duties which
will be required and that I make this designation solely in the interests
of the Town of West Springfield.
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(signed) Mayor
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Persons serving as temporary officers under the authority of
this section shall have only those powers of the office as may be
necessary to the conduct of the business of the Town in an orderly
and efficient manner and which may not be delayed. No acting Town
officer shall have authority to make any permanent appointment or
removal from Town service. No temporary appointment shall be for more
than 30 days and not more than one renewal of a temporary appointment
may be made when a permanent vacancy exists in the office.
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(a)
Communications to the Town Council - Within 10 weeks following the
start of each fiscal year, the Mayor shall submit to the Town Council,
and make available for public distribution, a complete report on the
financial and administrative activities of the Town for the preceding
fiscal year. The Mayor shall, from time to time throughout the year,
by written communications, recommend to the Town Council for its consideration
such measures as, in the judgment of the Mayor the needs, of the Town
require: The Mayor shall, from time to time throughout the year, but
at least quarterly, by written communications, keep the Town Council
fully informed of the financial and administrative condition of the
Town and shall specifically indicate in any such reports any fiscal,
financial or administrative problems of the Town.
(b)
Special meetings of the Town Council - Whenever a special meeting
shall be called, a notice in writing, signed by the Mayor or the Councilors
calling the meeting, shall be served on the Council President first,
and then filed with the Clerk of the Council, and then served upon
each member of the Council either in person or by notice left at their
place of residence, stating the date and hour of the meeting and the
purpose for which such meeting is called, and no business shall be
transacted at the meeting except such as is stated in the notice.
Notices left at a place of residence must include the date and time
of the delivery and be signed by the person delivering the notice.
[Amended 11-3-2015]
Every order, ordinance, resolution or vote adopted or passed
by the Town Council relative to the affairs of the Town, except memorial
resolutions, the selection of Town officers by the Town Council and
any matters relating to the internal affairs of the Town Council,
shall be presented to the Mayor for approval. If the Mayor approves
of the measure the Mayor shall sign it; if the Mayor disapproves of
the measure, the Mayor shall return the measure, with the specific
reason or reasons for such disapproval attached thereto, in writing,
to the Town Council. The Town Council shall enter the objections of
the Mayor on its records, and not sooner than 10 days, nor after 30
days from the date of its return to the Town Council, shall again
consider the same measure. If the Town Council, notwithstanding such
disapproval, by the Mayor, shall again pass the order, ordinance,
resolution or vote by a two-thirds vote of the full Council, it shall
then be deemed in force, notwithstanding the failure of the Mayor
to approve the same. If the Mayor has neither signed a measure nor
returned it to the Town Council within 10 days following the date
it was presented to the Mayor, the measure shall be deemed approved
and in force.
(a)
Acting Mayor - The Mayor shall, by a letter filed with the Town Council
and a copy filed with the Town Clerk, designate a qualified Town officer
or Town employee to exercise the powers and perform the duties of
the office during the temporary absence of the Mayor for periods of
less than 10 business days and to serve only when the needs of the
Town require and only to the extent necessary under the then circumstances.
Whenever, by reason of sickness, absence from the Town or other
cause, the Mayor shall be unable to perform the duties of the office
for a period of 10 successive business days, or more, the President
of the Town Council shall be the Acting Mayor. In the event of the
absence or disability of the President of the Town Council, the Vice
President of the Town Council shall serve as Acting Mayor.
(b)
Powers of Acting Mayor - The Acting Mayor shall have only those powers
of the Mayor as may be necessary to the conduct of the business of
the Town in an orderly and efficient manner and which may not be delayed.
The Acting Mayor shall have no authority to make any permanent appointment
or removal from Town service unless the disability of the Mayor shall
extend beyond 60 days nor shall an Acting Mayor approve or disapprove
of any measure adopted by the Town Council unless the time within
which the Mayor must act would expire before the return of the Mayor.
During any period in which any member of the Town Council is serving
as Acting Mayor, such Councilor shall not vote as a member of the
Town Council.
(a)
Special election - If a vacancy in the office of Mayor occurs in
the first 39 months of the term for which the Mayor is elected, whether
by reason of death, resignation, removal from office, incapacity,
or otherwise, the Town Council shall forthwith order a special election,
to be held within 90 days following the date the vacancy is created,
to fill such vacancy for the balance of the then unexpired term.
[Amended 11-8-2016]
(b)
Council election - If a vacancy in the office of Mayor occurs in the last nine months of the term for which the Mayor is elected, whether by reason of death, resignation, removal from office, or otherwise, the President of the Town Council shall become the Mayor. Upon the qualification of the President of the Town Council as the Mayor, under this section, a vacancy shall exist on the Town Council which shall be filled in the manner provided in Section 2-11. A Council President serving as Mayor under this subsection shall not be subject to the restriction contained in the third sentence of Section 3-1(a), "actively engaged in any other business, occupation or profession."
[Amended 11-8-2005 Town
Election]
(c)
Powers; term of office - The Mayor elected under Section 3-9(a) or (b) shall have all the powers of the Mayor. A person elected pursuant to Subsection (a), above, shall serve for the balance of the term unexpired at the time of election to the office. A person chosen pursuant to Subsection (b), above, shall serve until the next regular election, at which time the person then elected to serve as Mayor for the ensuing term of office shall serve, in addition, for the balance of the then unexpired term.
