[HISTORY: Adopted by the Town Meeting of the Town of Dudley
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1952 as
Art. 6 of the 1952 General Bylaws]
[Amended 1979; 10-25-2004 by Art. 9; 10-29-2018 by Art.
21]
The Selectmen are authorized to prosecute and defend all suits
or other actions to which the Town is party and may settle claims
against the Town provided the amount to be paid shall not exceed $20,000.
[Amended 1956; 1974; 6-22-2020 by Art. 11]
Each Town officer, board, and committee shall annually, on or
before the 15th day of March each year, prepare and submit to the
Board of Selectmen a report in writing covering clearly and concisely
the work of his department for the preceding year and submit annual
estimates on or before the third Friday in January, in accordance
with MGL c. 41, § 59.
The Treasurer/Collector in his annual report shall set forth
specifically as follows:
A.
The objects, if any, for which the debt of the Town was increased
during the preceding year.
B.
A statement of all expenditures and receipts of the Town in such
detail as to give a fair and full exhibit of the objects and methods
of all expenditures.
C.
A list of all obligations issued by the Town during the year, showing
the purpose for which the money was borrowed, the date, the amount,
rate of interest and date of maturity of each.
D.
A list of obligations paid by the Town during the year and a list
of all outstanding obligations of the Town with date of maturity thereof.
E.
A list of all properties placed in his charge by law or by virtue
of any gift, devise, bequest, deposit or otherwise.
F.
A summary of the financial condition of the Town and a statement
showing the expenditures and debt of the Town during the last 10 years.
Upon request in writing by any Town department authorized to
collect Town monies, the Treasurer/Collector shall withhold payment
of any money payable to any person indebted to said department to
an amount not exceeding the unpaid account.
No Town officer and no salaried employee or member of any standing
committee of the Town or any agent of such officer or employee shall
receive any compensation or commission for work done by him in his
own department, except his official salary and fees allowed by law,
without permission of the Board of Selectmen expressed in a vote which
shall appear on its records with the reason thereof.
No officer or appointee of the Town shall in his official capacity
make or pass upon, or participate in making or passing upon, any sale,
contract or agreement or the terms or amount of any payment in which
the Town is interested and in which such officer has any personal
financial interest (direct or indirect).
A.
Every contract
entered into by the Town exceeding $10,000 shall be accompanied by
a suitable bond for the faithful performance of the same or by the
deposit of money or security to the amount of said bond.
[Amended 1955]
B.
No contract
involving the creation of an obligation against the Town exceeding
the sum of $200 shall at any time be made except by vote of the committee
or board having supervision of the department to which the same relates,
and in all cases where the contract exceeds the amount of $500 the
same shall be in writing signed by at least a majority of the board
or committee making such contract, and a duplicate of the same shall
be furnished to the Town Accountant within seven days of the signing
of said contract.
C.
No contract
for construction work, whether for repairs or original construction,
or for the purchase of apparatus, supplies or materials, the estimated
cost of which amounts to $10,000 or more, except in the case of special
emergency involving the health or safety of the people or their property,
shall be awarded unless proposals for the same have been invited by
the officer, board or committee authorized by the Town to make the
contract, by advertisement in a local newspaper published once a week
for at least one week before the time specified for the opening of
said proposals. Such advertisement shall state the time and place
where plans and specifications of proposed work or apparatus, supplies
or materials may be had and the time and place for opening the proposals
in answer to said advertisement and shall reserve for the Town the
right to reject any or all such proposals. All proposals shall be
opened in public. No contract or preliminary plans and specifications
therefor shall be split or divided for the purpose of evading the
provisions of this subsection.
[Amended 1966; 1980; 5-19-1997; 5-21-2001 by Art.
4C; 10-17-2001; 6-22-2020 by Art. 11]
All resignations of elected officers or appointees of the Town
shall be sent to the Town Clerk, who shall notify the Selectmen.
The location of all fire alarm boxes shall be determined by
the Board of Selectmen.
[Amended 1966]
All bills, accounts and vouchers presented to the Selectmen
for payment shall bear the signature of approval, in their own handwriting,
of a majority of the members of each department contracting the same.
[Amended 1979]
All bills of the Town, including payroll, shall be paid as often
as once a week, or at the discretion of the Town Accountant.
The annual report of the Collector of Taxes shall contain a
statement of the amount committed to him for collection; amount of
interest collected; amount paid to the Treasurer/Collector; amount
of abatements and discounts; amount of uncollected taxes, water charges,
and sewer and sidewalk assessments for each year; and cash on hand.
The Collector of Taxes shall maintain an office in the Town Hall building
with the Treasurer/Collector or a bonded Deputy Collector in attendance.
Reasonable office hours to meet the requirements of the public shall
be approved by the Board of Selectmen.
A.
The Collector of Taxes shall collect, under the title of Town Treasurer/Collector,
all accounts due the Town except interest on investments of trust
funds.
B.
All accounts coming due the Town shall forthwith be committed by
several officers, boards and committees of the Town to the Town Treasurer/Collector,
together with all available information in relation thereto.
C.
If it shall seem advisable to the Town Treasurer/Collector that suit
should be instituted on behalf of the Town for the establishment or
collection of any account due the Town, he shall so notify the Selectmen,
and he shall report to them from time to time, as they may direct,
upon all uncollected accounts in his hands. The Selectmen shall take
such action with respect to all such accounts as they may deem expedient
and consistent with the interests of the Town.
[Amended 1966; 11-5-2007 by Art. 2]
A.
Appointment. Pursuant to MGL c. 41, § 106, the Board of
Selectmen shall appoint the Tree Warden.
B.
Term. The appointment of the Tree Warden shall be for three years.
C.
Pay for services. Any person or firm requiring the service of the
Tree Warden and Moth Superintendent shall pay for services at an hourly
rate equal to the hourly rate of the General Foreman of the Highway
Department. Said costs shall be paid to the Town of Dudley.
[Amended 6-22-2020 by
Art. 11]
[Added 5-24-1999; amended 5-21-2007 by Art. 3; 11-2-2009 by Art. 14; 6-22-2020 by Art. 11]
The following official offices: Town Clerk, Treasurer/Collector,
Personnel Board, Board of Assessors, Board of Health, Building Inspector,
Planning Board and Zoning Board of Appeals, Board of Water and Sewer
Commissioners, Conservation Commission and the Board of Selectmen,
shall have office hours one night a week without any increase in the
number of hours currently worked, and the Board of Selectmen shall
set the appropriate day and time within the week. Upon request, the
Board of Selectmen may waive this requirement for a specific office.
[Added 5-23-2005 by Art.
5]
All proposed expenditures by individuals or departments for the next fiscal year shall be submitted to the Town Administrator no later than the third Friday in January. The Town Administrator shall prepare a budget for the Board of Selectmen to adopt pursuant to the provisions of MGL c. 39, § 16. Upon adoption of the budget, the Board of Selectmen shall forthwith submit the budget to the FAA Committee for its consideration pursuant to the provisions of Chapter 23 of these bylaws.
[Added 5-23-2005 by Art.
7; amended 6-22-2020 by Art. 11]
All Town boards and commissions shall file minutes produced
in accordance with the provisions of MGL c. 30A, § 22, with
the Town Clerk within 30 days of the adjournment of a meeting.
[Added 5-19-2008 by Art.
18]
If any appointed committee, board or commission member is absent
from three or more consecutive meetings of said committee, board or
commission or attends less than 75% of the meetings scheduled, except
in the case of illness or extenuating circumstances as determined
and voted by said committee, board or commission, the member's position
shall be declared vacant by said committee, board or commission and
filled by the appropriate appointing authority. The term of office
of all persons chosen to fill aforesaid vacancies shall be appointed
to fill out the unexpired term of the member whose office has been
vacated.
[Adopted 10-29-2018 by
Art. 24 (Art. 50 of the 1952 General Bylaws)]
A.
Appointment;
term of office. The Board of Selectmen shall appoint a Town Administrator
to serve for a term of not more than three years; provided, however,
that the first six months of any individual's first appointment to
the office shall be considered a probationary period. The Town Administrator
shall be appointed on the basis of his/her executive and administrative
qualifications. He/she shall be a person especially fitted by education,
training and previous experience in business or public administration
to perform the duties of the office of Town Administrator.
B.
Review
of performance. The Board of Selectmen shall annually provide for
a review of the job performance of the Town Administrator which shall,
at least be in summary form, be a public record.
C.
Restriction on other activities. The Town Administrator shall devote his/her full time to the duties of his/her office and shall be eligible to be appointed to the position of Constable, upon majority vote of the Board of Selectmen and to a term concurrent with § 68-18A, and shall be permitted to serve as a Notary Public and Commissioner to Qualify Public Officers, but will not hold any other public office, elective or appointive, nor shall he/she engage in any other business, occupation or profession during his/her term unless such action is approved, in advance, in writing, by the Board of Selectmen.
[Amended 6-22-2020 by
Art. 13]
The Town Administrator shall be the Chief Administrative Officer
of the Town and shall be responsible to the Board of Selectmen for
the proper administration of all Town affairs placed under his charge
by the Board of Selectmen or under Town bylaws. Acting by and for
the Selectmen, the powers and duties of the Town Administrator shall
include, but are not intended to be limited to, the following:
A.
He/she
shall supervise, direct and be responsible for the efficient administration
of all functions placed under his control by bylaw, by Town Meeting
vote, by vote of the Board of Selectmen, or otherwise, including all
officers appointed by him/her.
B.
He/she
shall coordinate the activities of all Town departments under his/her
control with those under the control of officers and multiple-member
bodies who are elected directly by the voters of Dudley or appointed
by the Board of Selectmen.
C.
He/she
shall recommend the appointment, and may recommend the removal, subject
to the civil service law and any collective bargaining agreements
as may be applicable, of all department heads, all officers, subordinates
and employees for whom no other method of selection is provided by
bylaws, unless otherwise provided by state law. Appointments made
by the Town Administrator shall become effective at his/her discretion,
unless the Board of Selectmen shall within such period by majority
vote of the Board vote to reject such appointment or has sooner voted
to affirm it.
D.
He/she
shall, in conjunction with a Personnel Board established by bylaw,[1] be entrusted with the administration of a Town personnel
system, including but not limited to personnel policies and practices,
rules and regulations, including provisions for an annual employee
performance review, personnel bylaw and all collective bargaining
agreements entered into on behalf of the Town. He/she shall, in conjunction
with the Personnel Board, prepare, maintain and keep current a plan
establishing the personnel staffing requirements of each Town agency,
except those under the jurisdiction of the School Committee.
E.
He/she
shall attend all regular and special meetings of the Board of Selectmen,
unless excused at his own request, and shall have a voice, but no
vote, in all of its proceedings.
F.
He/she
shall attend all sessions of the Town Meeting and shall answer all
questions addressed to him related to warrant articles and which are
related to matters under his general supervision.
G.
He/she
shall assure that all provisions of state laws, the bylaws and other
votes of the Town Meeting, votes of the Board of Selectmen and of
other Town agencies which require enforcement by him or by officers
or employees subject to his general supervision and direction are
faithfully carried out, performed and enforced.
H.
He/she
shall prepare, propose and submit the fiscal documents pertaining
to the annual operating budget and proposed capital outlay program
for the Town.
I.
He/she
shall keep the Board of Selectmen fully informed as to the fiscal
condition and needs of the Town and shall make such recommendations
to the Board of Selectmen and to other elected and appointive officers
as he may deem to be necessary or desirable.
J.
He/she
shall assure that full and complete records of the financial and administrative
activities of the Town are kept and shall render full reports to the
Board of Selectmen at the end of each fiscal year and at such other
periods as it may reasonably require.
K.
He/she
shall have full jurisdiction over the rental and use of all Town facilities.
He shall be responsible for the maintenance and repair of all Town
facilities.
L.
He/she
may at any time inquire into the conduct of office or performance
of duty of any Town officer, Town employee or Town agency under his
general supervision. The Town Administrator may impose progressive
discipline for any infractions subject to disciplinary actions, including
verbal warning, written warning, performance improvement plans, suspension
or administrative leave, and may recommend termination or any other
action to the Board of Selectmen as may be necessary.
M.
He/she
shall assure that a full and complete inventory of all Town-owned
property, both real and personal, is kept consistent with generally
accepted accounting principles.
N.
Under the
guidance of the Board of Selectmen, he/she shall be responsible for
the negotiation of all contracts with Town employees over wages, hours,
and other conditions of employment. The Town Administrator shall serve
as designee of the Board of Selectmen for the purposes of regional
school district collective bargaining negotiations.
O.
He/she
shall be responsible for the purchase of all supplies, materials and
equipment, and shall award all contracts for supplies, materials and
equipment for all departments and activities of the Town, except for
the School Department. He shall examine and inspect, or cause to be
examined and inspected, the quality and the condition of all supplies,
materials and equipment delivered to or received by any Town department,
except the Dudley Charlton Regional School District. He shall, in
addition, be responsible for the disposal of all surplus supplies,
materials and equipment for all departments and activities of the
Town, except for the Dudley Charlton Regional School District.
P.
He/she
shall be in charge of all machines and software, other than machines
and software used for educational or classroom purposes, and shall
allocate the use thereof among the several Town agencies.
Q.
He/she
may authorize any subordinate officer or employee to exercise any
power or duty which he is authorized to perform; provided, however,
that all acts which are performed under any such delegation shall
be deemed to be his acts.
R.
He/she
shall be responsible to implement and maintain general security and
public safety procedures in the Dudley Municipal Center (Town Hall)
and extend and review policies and procedures to all buildings and
properties controlled or owned by the Town, with the exception of
those properties under the control of the Regional School Committee.
This includes but is not limited to IT and network security.
S.
He/she
shall perform such other duties as may be required by bylaw, by Town
Meeting vote, by vote of the Board of Selectmen, or otherwise.
A.
Temporary
absence. The Town Administrator shall, by letter filed with the Board
of Selectmen and a copy filed with the Town Clerk, designate a qualified
Town officer or employee to exercise the powers and perform the duties
of his office during his temporary absence. During the temporary absence
of the Town Administrator, the Board of Selectmen may not revoke such
designation until at least 10 working days have elapsed, whereupon
it may designate another qualified Town officer or employee to serve
as acting Town Administrator until the Town Administrator shall return
and assume his duties.
B.
Vacancy.
Any vacancy in the office of Town Administrator shall be filled as
soon as possible by the Board of Selectmen but pending such appointment
the Board of Selectmen shall designate a qualified Town officer or
employee or other qualified individual to perform the duties of the
Town Administrator on an acting basis. The appointment of an acting
Town Administrator shall be for a term not to exceed three months;
provided, however, that a renewal, not to exceed an additional three
months, may be provided.
C.
Powers and duties. The powers of a temporary or acting Town Administrator, under § 68-20A or B above, shall be limited to matters not admitting of delay and shall include authority to make appointments or designations to Town office or employment to the same extent and the same conditions as the Town Administrator, except that, for positions reporting directly to the Town Administrator, only an acting appointment or designation may be made.
A.
The Board
of Selectmen, by a two-thirds vote taken with the full Board present,
may terminate the Town Administrator from his office in accordance
with the following procedure:
(1)
During
probationary period: notice in writing of termination.
(2)
After
probationary period: The Town Administrator shall not be dismissed
except for inefficiency, incapacity, conduct unbecoming the office,
insubordination or other good cause; nor unless, at least 30 days
prior to the meeting at which the vote is to be taken, he shall have
been notified of such intended vote; nor unless, if he so requests
in writing, he shall have been furnished by the Board of Selectmen
with a written statement of the charge or charges or the cause or
causes for which his dismissal is proposed; nor unless, if he so requests
in writing, he has been given a hearing before the Board of Selectmen
which may be either public or private, at the option of the Town Administrator,
and at which he may be represented by counsel, present evidence, and
call witnesses to testify in his behalf and examine them.
C.
The Town
Administrator may be suspended from office by a procedure following
the same steps outlined above for a removal.
D.
The Town
Administrator shall continue to receive his full salary until 30 days
following the date a final vote of removal has become effective.
