[ATM Art. 23, 5-3-2022]
Powers and Duties - All appointed board members and officials contained within this Article shall have the powers and duties which have been conferred upon their offices by general law, by this charter, by by-laws or by other town meeting vote.
(a) 
Appointment of the Board of Fire Engineers - The Select Board shall appoint five qualified persons to serve for a term of one year as a Board of Fire Engineers in accordance with M.G.L. 48 § 45, Article 3, Section 2(d) of this Charter, and Millbury Municipal Code Title 2, Section 2.85.010. The Board of Engineers shall have the powers and duties authorized by statute, under this Charter, and Millbury Municipal Code Title 2 Sections 2.80 and 2.85.
(b) 
Power to Appoint.
(1) 
Firefighters - The Board of Fire Engineers shall, on an annual basis, appoint firefighters for a term of one year, from July 1st until June 30th of the subsequent calendar year. The board of engineers may appoint such firefighters to the engines, hose, ladder, rescue, or other apparatus and constitute such companies for securing property endangered by fire, as they deem expedient, in conformity with all applicable laws, bylaws, rules and regulations, as set forth in Millbury Municipal Code Title 2, Section 2.85.010.
(2) 
Administrative Staff, Associate and Auxiliary Members - The Board of Fire Engineers shall be the appointing authority for Associate, and Auxiliary staff including, but not limited to positions such as: Associate, Auxiliary, Explorer, or Junior Firefighters, Ladies Auxiliary Members, etc.
The position of Chief of Police is appointed under Massachusetts General Laws, Chapter 278 of the Acts of 2012, and Millbury Town Charter Article 3, Section 2(d), with additional duties, regulations, and responsibilities set forth in Millbury Town Code Title 2, Section 2.65.
(a) 
Appointment of the Chief of Police - The position of Chief of Police in the Town of Millbury shall be exempt from Chapter 31 of the General Laws and shall be appointed, by the Board of Selectmen, in accordance with this Charter [Massachusetts General Court, Chapter 278 of the Acts of 2012].
(b) 
Power to Appoint.
(1) 
Police Officers - The Chief of Police shall be the appointing authority for the police officers of the police department in the Town of Millbury, subject to Chapter 31 of the General Laws, if applicable [Massachusetts General Court, Chapter 278 of the Acts of 2012]. The term police officers, as written in this Charter, shall be inclusive of all ranks of sworn officers in the department.
(2) 
Administrative Staff - The Chief of Police shall be the appointing authority for non-sworn administrative staff including, but not limited to positions such as: Administrative Assistants, Analysts, Clerks, Dispatchers, Interns, etc.
(c) 
Rules, Regulations, & Operations - The Chief of Police may adopt rules and regulations for the department, with notice to the town manager and the Board of Selectmen, and shall be in charge of the operations of the department [Massachusetts General Court, Chapter 278 of the Acts of 2012].
(d) 
Administrative Oversight - The Police Chief shall be subject to administrative oversight of the Town Manager and to general policy determinations of the Board of Selectmen and the by-laws of the town [Massachusetts General Court, Chapter 278 of the Acts of 2012].
[ATM Art. 35 5-4-2010, 2010; ATM Art. 36 5-4-2010, 2010; ATM Art. 37 5-4-2010, 2010; ATE 4-26-2011, 2011; ATM Art. 23, 5-3-2022]
This charter shall take effect upon its adoption by the voters of Millbury, except as is hereinafter provided:
(a) 
(Reserved)
(b) 
(Reserved)
(c) 
A screening committee shall consist of nine persons who shall be chosen as follows: the board of selectmen, the school committee, the board of assessors, the finance committee and the personnel board shall each designate one person, and four persons shall be chosen by the town moderator, at least one of whom shall have been a member of the charter commission. Persons chosen by said agencies may, but need not, be members of the agency by which they are designated: appointments made by the town moderator shall be made last in time in order that in making appointments the moderator may, insofar as it may be feasible so to do, appoint persons who will broaden the membership base of the committee to be most representative of the demographic and occupational base of the town.
Not later than the third Thursday in May, in the year in which the charter is adopted, the town clerk shall call and convene a meeting of the several persons chosen as aforesaid who shall meet to organize and to plan a process to advertise the vacancy and to solicit by other means qualified candidates for the office. The committee shall proceed notwithstanding the failure of any town agency to designate its representatives.
The screening committee shall review all applications that are received by it, screen all such applicants it intends to advance by checking and verifying work records and other credentials, and provide for interviews to be conducted with such number of candidates as it deems to be necessary, desirable or expedient.
Not more than one hundred and fifty days following the date on which the committee meets to organize, the committee shall submit to the board of selectmen the names of not less than three nor more than five persons whom it believes to be best suited to perform the duties of the office of town manager.
Within thirty days following the date the list of nominees is submitted to it the board of selectmen shall choose one of the said nominees to serve as town manager. In the event the board of selectmen shall fail to make an appointment within the said thirty days the screening committee shall, forthwith, appoint the town manager.
Upon the appointment of a town manager the committee established hereunder shall be considered discharged.
Until such time as some other provision is made, by by-law, for another screening committee, a committee as above shall be established whenever the office of town manager shall become vacant, provided, however, that in the third paragraph the phrase "thirty days following the date of such vacancy, or pending vacancy, becomes known," shall be substituted for the phrase "the third Thursday in May," and the provision requiring a former member of the charter commission to serve shall be void.
(d) 
(Reserved)
(e) 
All town officers and all members of all boards, commissions and committees who have heretobefore been elected and who will henceforth be appointed under the provisions of this charter, shall serve for the balance of the term for which they were elected, unless a vacancy in the office shall have sooner occurred, but their successors shall be appointed.
(f) 
Forthwith following the election at which this charter is adopted a special committee of seven members shall be appointed by the board of selectmen to revise the by-laws of the town in order to fully implement the provisions of this charter. The said committee shall submit a report and recommendations to the town meeting for adoption by a warrant article at a session of the town meeting held not later than the annual town meeting in the year following the year in which the charter is adopted. At least one member of the said committee shall have been a member of the charter commission.