[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(a) 
The select board shall appoint, for a term of up to three (3) years, a town manager and shall, at least annually, evaluate the performance of the town manager. The town manager shall be a person of proven administrative ability, especially qualified by education and training with at least three (3) years previous experience in public administration as a city or town manager, a city or town administrator, an assistant city or town manager or a position with substantially similar functions.
(b) 
The town manager shall devote his or her full time to the duties of the office and shall not hold any other elective or appointive office, nor shall the town manager engage in any other business, occupation or profession during his or her term, unless such action is approved in advance, in writing, by the select board.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
Any permanent vacancy in the office of town manager shall be filled as soon as possible by the select board. Pending appointment of the town manager, the select board shall, within a reasonable period of time, appoint some other qualified person to perform the duties of the town manager.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(a) 
The town manager may designate, by letter filed with the select board and town clerk, a qualified officer of the town to perform the duties of the town manager during a temporary absence or disability.
(b) 
If such temporary absence or disability shall exceed fourteen (14) days, any designation made by the town manager shall be subject to the approval of the select board.
(c) 
If the town manager fails to make such designation or if the person so designated is for any reason unable to serve or is deemed not qualified by the select board, the select board may designate some other qualified person as temporary town manager to perform the duties of the town manager until the town manager shall return.
(d) 
The powers and duties of the temporary town manager 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 shall not make permanent appointments or designations, or suspensions or terminations without approval of the select board.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
The town manager shall receive such compensation for services as the select board shall determine, but such compensation shall be within the limits of available appropriations.
(a) 
The town manager shall appoint, based upon merit and qualifications, a police chief, a fire chief, a treasurer collector, a town accountant, a town clerk and all other department heads, officers, subordinates and employees for whom no other method of selection is provided in the charter, except employees of the school department and employees identified in subsection (c) of section 5-5.
(b) 
Appointments proposed by the town manager, except as noted in subsection (e) of section 5-5, shall become effective on the fifteenth (15th) day following the day on which notice of the proposed appointment is filed at a select board meeting, unless the select board shall within such period, by a majority vote of the select board, vote to reject such proposed appointment or vote to waive the fifteen (15) day period.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(c) 
The town manager shall appoint, based upon merit and qualifications:
i. 
A health agent with the consent of the board of health;
ii. 
An assessor with the consent of the board of assessors;
iii. 
A planner with the consent of the planning board; and
iv. 
A library director and all other library employees with the consent of the board of library trustees.
For the purpose of this section, consent shall mean that each multiple member body cited herein shall interview job candidates and make appointment recommendations to the town manager. The town manager shall not make an appointment under this section without the consent of the multiple member body cited herein. In the case of employees appointed under this section, the town manager shall inform the chair of the appropriate multiple member body prior to the commencement of any disciplinary action or termination process, except in cases of an emergency, and provide an opportunity for the chair to confidentially comment on the proposed action directly to the town manager.
(d) 
Relative to appointments made by the town manager under subsection (c) of section 5-5, the policies established by each multiple member body derived directly from statutory authority for non-administrative policy shall be adhered to by those appointed in subsection (c), the town manager and his or her staff.
(e) 
Appointments made by the town manager under subsection (c) of section 5-5 shall be effective immediately and shall not be subject to rejection by vote of the select board.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
The town manager shall be the administrative officer of the town and shall be responsible to the select board for the proper operation of town affairs for which the town manager is given responsibility under the charter. The powers, duties and responsibilities of the town manager shall include, but not be limited to, the following:
(a) 
To supervise, direct and be responsible for the efficient administration of all employees appointed by the town manager and their respective departments and of all functions for which the town manager is given responsibility, authority or control by the charter, by bylaw, by town meeting vote or by the select board;
(b) 
To administer, either directly or through persons supervised by the town manager, general and special laws applicable to the town, all bylaws and all regulations established by the select board;
(c) 
To coordinate all activities of town departments under the direction of the select board and the town manager with the activities of departments under the control of officers or multiple member bodies elected directly by the voters of the town;
(d) 
To keep the select board fully informed as to the needs of the town and to recommend to the select board for adoption, such measures requiring action by them or by the town as the town manager deems necessary or expedient;
(e) 
To ensure that complete and full records of the financial and administrative activity of the town are maintained and to render reports to the select board as may be required;
(f) 
To administer personnel policies, practices or rules and regulations, any compensation plan and any related matters for all municipal employees and to administer all collective bargaining agreements entered into by the town, except for school department agreements;
(g) 
To fix the compensation of all town employees appointed by the town manager within the limits established by appropriation and any applicable compensation plan;
(h) 
To negotiate all contracts with town employees over wages and other terms and conditions of employment, except employees of the school department; provided, however, that the town manager may employ, subject to the approval of the select board, special counsel to assist in the performance of these duties; and provided further, that all collective bargaining agreements negotiated under this section shall be subject to the approval of the select board;
(i) 
To prepare and submit an annual operating budget and capital improvement program as provided in sections 7-1 and 7-3;
(j) 
To keep the select board and the finance committee fully informed as to the financial condition of the town and to make recommendations to the select board and to other elected and appointed officials as the town manager deems necessary or expedient;
(k) 
To investigate or inquire into the affairs of any town department or office under the supervision of the town manager or the job-related conduct of any officer or employee thereof; and
(l) 
To perform such other duties as necessary or as may be assigned by the charter, by bylaw, by town meeting vote or by the select board.
(a) 
The select board may, by the affirmative vote of three (3) members, vote to terminate, remove or suspend the town manager from office in accordance with this section.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(b) 
Prior to removal, suspension or termination, the select board shall adopt a preliminary resolution of removal by the affirmative vote of three (3) members. The preliminary resolution may suspend the town manager for a period not to exceed thirty (30) days. A copy of the resolution shall be delivered to the town manager forthwith.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(c) 
If so requested by the town manager, the select board shall provide a written statement setting forth the reasons for the proposed removal, suspension or termination.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(d) 
Within five (5) days after the receipt of the preliminary resolution, the town manager may request a public hearing by filing a written request for such hearing with the select board. If a hearing is requested, the hearing shall be held at a meeting of the select board not later than twenty (20) days after the date of request.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(e) 
If a public hearing has not been requested by the town manager, the select board may adopt a final resolution of removal, which may be effective immediately, by the affirmative vote of three (3) of its members at any time after ten (10) days following the date of delivery of a copy of the preliminary resolution to the town manager.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(f) 
If the town manager requests a public hearing, the select board may, at the conclusion of the hearing, or within five (5) days of the conclusion of the hearing, adopt a final resolution of removal by an affirmative vote of three (3) members.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]
(g) 
The town manager shall continue to receive a salary until the final date of removal unless otherwise provided.
(h) 
The action of the select board in terminating, removing or suspending the town manager shall be final.
[Amended 1-6-2021 by Ch. 380 of the Acts of 2020]