[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.
[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]
