[ATM Art. 19, 5-3-2022]
The board of selectmen shall appoint a town manager from a list prepared by a screening committee established by by-law. The board of selectmen shall appoint the town manager to serve for an indefinite term and shall fix the compensation for such person, annually, within the amount appropriated by the Town. The town manager shall be appointed solely on the basis of demonstrated executive and administrative qualifications. The town manager shall be a person qualified by education, training and previous experience to perform the duties of the office, as required by section 8-5(b). A town manager need not be resident of the Town or of the commonwealth at the time of appointment, nor at any time during the period of such service. The town manager shall not have served as a member of the board of selectmen in the Town government for at least twelve months prior to appointment. The Town may from time to time establish, by by-law, such additional qualifications as seem necessary and appropriate.
The town manager shall devote full time to the office and shall not hold any other public office, elective or appointive, nor be actively engaged in any other business or occupation during such service, unless such action is approved in advance and in writing by the board of selectmen.
The board of selectmen shall provide for an annual review of the job performance of the town manager which shall, at least in summary form, be a public record.
[ATM Art. 19, 5-3-2022; ATM Art. 23, 5-3-2022]
The town manager shall be the chief administrative officer of the Town, directly responsible to the board of selectmen for the administration of all Town affairs for which the office of town manager is given responsibility by or under this charter. The powers and duties of the town manager shall include, but are not intended to be limited to, the following:
(a) 
To supervise, direct and be responsible for the efficient administration of all functions and activities for which the office of town manager is given authority, responsibility or control by this charter, by by-law, by town meeting vote, by vote of the board of selectmen, or otherwise.
(b) 
To appoint, and in appropriate circumstances to remove, subject to the provisions of the civil service law and of any collective bargaining agreements as may be applicable, all department heads, officers, members of boards and commissions and employees for whom no other method of selection is provided by this charter or by law. Such appointments shall become effective on the fifteenth day following the day on which notice of the appointment is filed with the board of selectmen, unless, within that period, the board of selectmen by a vote of at least three of its members shall vote to reject such appointment, or, has sooner voted to affirm it. Copies of the notices of all such appointments shall be posted on the Town bulletin board when submitted to the board of selectmen.
(c) 
To be entrusted with the administration of a Town personnel system, including, but not limited to personnel policies and practices, rules and regulations, including provisions for an annual employee performance review, personnel by-law and collective bargaining agreements entered into by the Town. The town manager shall also prepare and keep current a plan establishing the personnel staffing requirements for each Town agency, except the school department.
(d) 
To fix the compensation of all officers and employees appointed by the town manager within the limits established by appropriations.
(e) 
To attend all regular and special meetings of the board of selectmen, unless unavailable for reasonable cause, and shall have a voice, but no vote, in all of its proceedings.
(f) 
To assure that full and complete records of the financial and administrative activities of the Town are kept and to render as often as may be required by the board of selectmen, but not less than quarterly, a full report of all town administrative operations during the period reported on, which report shall be made available to the public.
(g) 
To keep the board of selectmen fully advised as to the needs of the Town and shall recommend to the board of selectmen and to other elected town officers and agencies for adoption such measures requiring action by them or by the town meeting as the town manager may deem necessary or expedient.
(h) 
To have full jurisdiction over the rental and use of all Town facilities and property except property under the control of the school committee, or the conservation commission. The town manager shall be responsible for the maintenance and repair of all Town buildings and facilities placed under the town manager's control by this charter, by by-law, by vote of the town or otherwise.
(i) 
To prepare and present, in the manner provided in Article 6, an annual operating budget for the Town and a proposed capital outlay program for the five fiscal years next ensuing.
(j) 
To assure that a full and complete inventory of all property of the Town, both real and personal, is kept, including all property under the jurisdiction of the school committee.
(k) 
To negotiate all contracts involving any subject within the jurisdiction of the office of town manager, including contracts with Town employees, except employees of the school department, involving wages, hours and other terms and conditions of employment. All contracts shall be subject to ratification and execution by the board of selectmen.
(l) 
To be responsible for purchasing all supplies, material and equipment for all departments and activities of the Town, but not including food for schools, school books and other instructional material, supplies and equipment, unless otherwise specifically requested by the school committee. The town manager shall examine, or cause to be examined, the quantity, quality and condition of all supplies, material and equipment delivered to or received by any Town agency, except schools. The town manager shall be responsible for the disposal of all supplies, material and equipment which have been declared surplus by any Town agency.
(m) 
To see that all of the provisions of the general laws, of the charter, Town by-laws and other votes of the town meeting, and votes of the board of selectmen which require enforcement by the town manager or officers subject to the direction and supervision of the town manager are faithfully executed, performed or otherwise carried out.
(n) 
To inquire, at any time, into the conduct of office or performance of duties of any officer or employee, department, board, commission or other Town agency.
(o) 
To attend all sessions of all town meetings and answer all questions raised by voters which relate to warrant articles and to matters over which the town manager exercises any supervision.
(p) 
To reorganize, consolidate or abolish, in the manner provided in Article 5, Town agencies serving under the supervision of the town manager, in whole or in part, provide for new town agencies and provide for a reassignment of powers, duties and responsibilities among such agencies so established or existing.
(q) 
To coordinate the activities of all Town agencies serving under the office of town manager and the office of board of selectmen with those under the control of other officers and multiple member bodies elected directly by the voters. For this purpose, the town manager shall have authority to require the persons so elected, or their representatives, to meet with the town manager, at reasonable times, for the purpose of effecting coordination and cooperation among all agencies of the Town.
(r) 
To appoint the following:
•
a town accountant, who shall have the powers, duties and responsibilities as provided in General Laws chapter forty-one, sections fifty-five through sixty-one
•
a town treasurer
•
a town collector
•
a town clerk
•
a public works manager
•
a tree warden
•
a cemetery commission to consist of three members
•
a sewer commission to consist of three members
•
a parks commission to consist of five members
•
a youth commission to consist of seven members
•
a cultural council to consist of five members, appointed annually, in accordance with Massachusetts General Law
•
a Millbury cable television commission to consist of five members appointed annually
•
a development and industrial commission to consist of five members
•
an emergency management director and related emergency management personnel
•
a capital budget committee to consist of seven members
•
an inspector of buildings
•
a wire inspector
•
an inspector of gas appliances and gas fittings
•
a plumbing inspector
•
an animal control officer
•
a sealer of weights and measures in accordance with the civil service law and rules
•
a parking clerk
•
a right-to-know coordinator
•
a veteran's services director, veteran's agent, veteran's graves officer and burial agent
•
an Asa Waters Mansion Task Force to consist of seven members
•
all other officers, department heads, and employees for whom no other method of selection is provided.
Unless otherwise provided all appointments made by the town manager shall be for a term of three years, appointments to multiple member bodies shall be so arranged that as nearly an equal number of the terms of members as possible shall expire each year.
(s) 
To perform any other duties as are required to be performed by the town manager by by-laws, administrative code, votes of the town meeting, or votes of the board of selectmen, or otherwise.
The town manager may authorize any subordinate officer or employee to exercise any power or perform any function or duty which is assigned to the office of town manager, provided, however, that all acts performed under any such delegation shall at all times be deemed to be the acts of the town manager.
[ATM Art. 32 5-4-2010, 2010; ATE 4-26-2011, 2011]
(a) 
Temporary Absence - By letter filed with the town clerk, the town manager shall designate a qualified town administrative officer or employee to exercise the powers and perform the duties of town manager during a temporary absence. During a temporary absence the board of selectmen may not revoke such designation until at least ten working days have elapsed, whereupon it may appoint another qualified town administrative officer or employee to serve until the town manager shall return.
(b) 
Vacancy - Any vacancy in the office of town manager shall be filled as soon as possible by the board of selectmen in the manner provided in section 4-1, but, pending such regular appointment the board of selectmen shall appoint an individual to perform the duties of the office on an acting basis. Such temporary appointment may not exceed three months but one renewal may be voted by the board of selectmen not to exceed a second three months. Compensation for such person shall be set by the board of selectmen.
(c) 
Powers and Duties - The powers of a temporary or acting town manager, under (a) and (b) above, 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.
The board of selectmen by the affirmative votes of three or more members may terminate and remove, or suspend, the town manager from office in accordance with the following procedure:
(a) 
The board of selectmen shall adopt a preliminary resolution of removal by the affirmative vote of at least three of its members which must state the reason or reasons for removal. This preliminary resolution may suspend the town manager for a period not to exceed forty-five days. A copy of the resolution shall be delivered to the town manager forthwith.
(b) 
Within five days after receipt of the preliminary resolution the town manager may request a public hearing by filing a written request for such hearing with the board of selectmen. This hearing shall be held at a meeting of the board of selectmen not later than thirty days after the request is filed nor earlier than twenty days. The town manager may file a written statement responding to the reasons stated in the resolution of removal with the board of selectmen provided the same is received at its office more than forty-eight hours in advance of the public hearing.
(c) 
The board of selectmen may adopt a final resolution of removal, which may be made effective immediately, by the affirmative votes of three of its members not less than ten nor more than twenty-one days following the date of delivery of a copy of the preliminary resolution to the town manager, if the town manager has not requested a public hearing; or, within ten days following the close of the public hearing if the town manager has requested one. Failure to adopt a final resolution of removal within the time periods as provided in this section shall nullify the preliminary resolution of removal and the town manager shall, at the expiration of said time, forthwith resume the duties of the office.
The town manager shall continue to receive a salary until the effective date of a final resolution of removal.
The action of the board of selectmen in suspending or removing the town manager shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal solely in the board of selectmen.