[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.
[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); amended 6-22-2020 by Art. 13; 10-21-2024 by Art. 14]
A. 
Appointment; term of office. The Board of Selectmen, by a simple majority vote, 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 Board of Selectmen shall fix the compensation for such person, annually, within the amount appropriated by the Town.
B. 
Qualification.
(1) 
The Town Administration shall be appointed on the basis of educational, executive and administrative qualifications and experience.
(2) 
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. Alternatively, five years or more of such professional experience and a bachelor's degree in an appropriate discipline shall qualify any applicant. Seven years or more of prior full-time compensated service in public or business administration shall also qualify any applicant. The Board of Selectmen may, by a four-fifths (4/5) vote, waive the education or experience requirements listed above.
(3) 
The Town Administrator need not be a resident of Town or of the Commonwealth at the time of appointment, nor at any time during the period of such service.
(4) 
The Town Administrator shall not have served in an elective office in the Town of Dudley government for at least 12 months prior to appointment.
(5) 
The Town may from time to time establish, by by-law, such additional qualifications as seem necessary and appropriate.
C. 
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.
D. 
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.
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/her 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/her 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 only after a subsequent affirming majority vote of the Board of Selectmen.
D. 
The Town Administrator, and/or his/her designee, shall act as the Human Resources Manager, and be entrusted with the faithful execution of the Town of Dudley Chapter 74, Personnel Policies and Procedures. This includes implementing of the 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 upon their request, but at a minimum, on a monthly basis.
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 or upon their request 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/she 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, following the Town of Dudley Personnel Policies,[1] 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.
[1]
Ch. 74, Personnel Policies and Procedures.
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. Such final negotiated terms must be consistent with the Town of Dudley Personnel Policies[2] and Town Bylaws. The Town Administrator shall serve as designee of the Board of Selectmen for the purposes of regional school district collective bargaining negotiations.
[2]
Ch. 74, Personnel Policies and Procedures.
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. In the case of an unexpected vacancy in the Town Administrator office, § 68-18B(4) “The town administrator shall not have served in an elective office in the town of Dudley government for at least twelve months prior to appointment” is waived only for the period of time the Acting Town Administrator role is temporarily filled.
C. 
Powers and duties. The powers and duties of the temporary or acting town administrator shall be limited to matters not admitting of delay and shall include authority to make temporary, emergency appointments or designations to town office or employment but not to make permanent appointments or designations without a confirming majority vote of the Board of Selectmen.
A. 
The Board of Selectmen, by a majority vote, may terminate and remove the Town Administrator from his office in accordance with the following procedure:
(1) 
During probationary period: The six-month probationary or working test period shall be regarded as an integral part of the examination process. It shall be utilized by the Board of Selectmen for closely observing the newly hired Town Administrator’s work and conduct, management style and effectiveness. The Board of Selectmen may reject, with a simple notice of termination, the continued employment of a Probationary Town Administrator whose performance does not meet the required work standards. The Board of Selectmen, by a majority vote, shall certify whether the employee's performance has been satisfactory at the completion of the probationary period.
(2) 
After probationary period: The Board must provide a preliminary statement of removal to the Town Administrator setting forth the reasons for removal, which notice may provide for immediate suspension of the Town Administrator for a period of not more than 45 days. Within five days after receipt of said notice, the Town Administrator may request a public hearing by filing with the Board of Selectmen a written request for the same and may be represented by counsel at said hearing. If no request for a hearing is received upon the expiration of the above-referenced five days, the preliminary resolution of removal shall immediately become a final resolution of removal without further action by the Board of Selectmen. If a hearing is requested, no later than ten days following the close of the public hearing, the Board of Selectmen shall adopt, by a vote of three out of five members, a final resolution of removal, which may be made effective immediately. Failure to adopt a final resolution prior to the expiration of the ten days following the close of the public hearing shall nullify the preliminary resolution of removal, and the Town Administrator shall forthwith resume the duties of the office.
B. 
Anything contained in this provision to the contrary notwithstanding, the non-renewal of the term of appointment of the Town Administrator shall not be considered to be a dismissal and the provisions of § 68-21A(1) and (2) shall not apply.
C. 
The Town Administrator may be suspended from office by the Board of selectmen, by a majority vote, following the same steps outlined above in Subsection A 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.