[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.