[Adopted 4-28-1986; amended 1987; 2014; 2015; 2016; 2019 (Ch. 3, § 6, of the 1968 Bylaws)]
[Amended 4-26-2022 ATM by Art. 17; 4-25-2023 ATM by Art. 22]
A. 
The Select Board shall appoint a Town Administrator for a term to be determined by the Select Board, after a one-year probationary period, and fix his/her compensation within the amount annually appropriated for that purpose. The Town Administrator shall be appointed solely on the basis of his/her executive and administrative qualifications. He/she shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience in municipal administration to perform the duties of the office. He/she shall not have served in an elective office in the Town government for at least 12 months prior to appointment. He/she shall devote full time to the office and shall not hold any other public office, elective or appointive, nor engage in any other business or occupation during his/her term, unless such action is approved in advance, in writing, by the Select Board.
B. 
In the event of a vacancy in the office of Town Administrator, the Select Board shall, pending appointment of a new Town Administrator, appoint a qualified person as an Interim Town Administrator to perform the duties of the Town Administrator on an interim basis. The Interim Town Administrator shall have all of the powers and duties of the Town Administrator, unless otherwise provided by Town bylaw. Within 60 days of the occurrence of a vacancy in the office of Town Administrator, the Select Board shall appoint an Interim Town Administrator for a term not to exceed 90 days. If the vacancy is not filled by the end of that appointment, the Select Board may re-appoint the Interim Town Administrator for an additional sixty day appointment. The Select Board shall start the process for hiring a new Town Administrator within 14 days of the occurrence of a vacancy in the office of Town Administrator.
[Amended 4-26-2022 ATM by Art. 17; 4-25-2023 ATM by Art. 22]
Except as otherwise provided in this section, the Town Administrator shall be the Chief Administrative Officer of the Town and shall, under the policy direction of the Select Board, supervise, direct and be responsible for the efficient administration of all Town departments, committees, commissions, boards, offices and agencies within the direct jurisdiction of the Select Board, but not those within the jurisdiction of other elected officials, elected committees, elected boards, elected councils or elected commissions, or those under the Chief of Police and Fire Chief, and of all functions for which the Town Administrator shall have responsibility, authority or control by Town bylaw, or by Town Meeting vote; provided, however, that the Town Administrator shall not exercise any control over the discretionary power vested by statute in any such department, committee, commission, board, council or office. The Town Administrator shall have the following powers and duties:
A. 
Management of the office of the Select Board and other agencies under the control of the Select Board, and establishment of effective working relationships among all Town boards, departments, commissions and committees.
B. 
Direct supervision of the employees of the Select Board's office and general supervision of department heads under the control of the Select Board. Department heads and other employees shall report to the Select Board through the Town Administrator.
C. 
General and appointing authority of Town employees. The Town Administrator shall appoint, based upon merit and fitness alone, and may remove, subject to the provisions of the General Laws and Town bylaws where applicable, employees who work for Town departments, committees, boards, councils and commissions except for employees who work for the Town's elected officials, elected committees, elected boards, elected councils or elected commissions, or are appointed by the Fire Chief pursuant to MGL c. 48, § 42, and persons appointed by the commonwealth, or work pursuant to appointments for which another method of appointment or removal is provided by the General Laws or this bylaw. The Town Administrator shall consider the recommendations of committees, boards, councils, commissions and department heads when making any appointments of employees within their respective areas of responsibility. Appointments to positions made by the Town Administrator pursuant to the appointing authority granted in this section shall become effective immediately. The Town Administrator shall be responsible for the initial screening of all applicants and may make recommendations to the Select Board for finalists for the positions of Fire Chief, Chief of Police and Director of Department of Public Works, each of whom shall be appointed by the Select Board.
D. 
General and appointing authority of appointed boards. The Town Administrator will forward to the Select Board all applicants for appointment to Town committees, boards, councils or commissions, including recommendations of the respective boards, committees, councils and commissions under the Select Board.
E. 
The Town Administrator shall appoint a qualified human resources professional to perform all of the following functions:
(1) 
Administer a personnel system, including, but not limited to, a classification and compensation plan in cooperation with the Personnel Board; job descriptions, an annual performance appraisal process; and the review and maintenance of all personnel records, contracts, and collective bargaining agreements.
(2) 
Administer and enforce any personnel rules and regulations contained within the Personnel Administration Plan, and bylaws adopted by the Town.
(3) 
Consult with the Personnel Board, as necessary, regarding the interpretation and administration of the Personnel Administration Plan
(4) 
Work within the Personnel Administration Plan regarding responding to any allegations of improper conduct of any officer or employee of any department under his/her jurisdiction.
(5) 
Review all hiring, terminations, and other personnel actions of any department, committee, board, council or commission to ensure compliance with local, state and federal laws and provide advice to the appointing authority. The Town Administrator shall establish application and hiring procedures to ensure that proper process is followed and that the most qualified applicants are considered for hiring.
F. 
The Town Administrator shall be responsible for the maintenance and repair of all Town buildings, facilities and property, including property under the control of the Select Board, except school property and the property under the control of the Board of Library Trustees, Elder Housing Committee, Conservation Commission, Town Forest Committee, Recreation Commission and Cemetery Commission, unless placed under the Town Administrator's control by General Laws or by vote of the Town Meeting. The Town Administrator will be an ex officio, nonvoting participant of the Elder Housing Committee, Conservation Commission, Recreation Commission and Cemetery Commission for the purposes of coordinating efficient and effective care of the Town assets under their control. The Town Administrator may attend and participate at meetings of such Committees or Commissions at his or her discretion.
G. 
The Town Administrator will act as the chief procurement officer, both under the provisions of Chapter 30B of the General Laws, if applicable, and otherwise, being responsible for the purchasing of all contracted services, supplies, materials, and equipment for the Town, including the bidding and awarding of all contracts under the provisions of Chapter 30B and all other contracts over $10,000 in value, except for those powers and duties that he or she delegates as chief procurement officer to the School Department or otherwise as provided in MGL c. 30B, § 19, or under this bylaw provision. The Town Administrator shall give prior approval and execute all such contracts on behalf of the Town, except School Department contracts and as otherwise provided by law.
H. 
The Town Administrator shall appoint an Information Technology Manager for all Town departments, except the schools and library, with responsibility and authority to ensure information technology connectivity between Town departments, promote information technology efficiency, and improve overall workflow.
I. 
Other duties as the Select Board shall determine.
The Select Board may terminate, remove, or suspend the Town Administrator from office pursuant to procedures set forth in the written employment agreement between the Town and the Town Administrator.
Should any section or provision of this bylaw be determined by a court to be unconstitutional or invalid, such decision shall not affect the validity of the bylaw as a whole or any other section or provision hereof other than the section or provision so determined to be unconstitutional or invalid.