The select board shall appoint a town manager for an indefinite term and fix his compensation within the amount annually appropriated for that purpose. The office of town manager shall not be subject to the consolidated personnel bylaw. The town manager shall be appointed solely on the basis of his executive and administrative qualifications. He 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 shall not have served in an elective office in the town government for at least twelve months prior to his appointment. He 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 term, unless such action is approved in advance, in writing, by the select board. The town may from time to time, by bylaw, establish such additional qualifications as seem necessary and appropriate.
The town manager shall be the chief administrative officer of the town and shall be responsible to the select board for the proper administration of all town affairs placed in his charge by or under the charter. He shall have the following powers and duties:
(a)
He shall supervise and be responsible for the efficient administration of all functions under his control, as may be authorized by the charter, by bylaw, by other town meeting vote or by the select board, including all officers appointed by him and their respective departments.
(b)
He shall appoint, and may remove subject to the civil service laws where applicable, all department heads, all officers and all subordinates and employees for whom no other method of appointment is provided in the charter, except persons serving under other elected agencies and appointments made by representatives of the Commonwealth.
Appointments made by the town manager shall become effective on the fifteenth day following the day notice of appointment is filed with the select board, unless the select board shall, within that period, by a majority vote of the full board, vote to reject any such appointment. Appointments of a temporary or seasonal nature shall become effective immediately.[1]
[1]
Art 2 1978 Fall Town Meeting added the sentence, “Appointments of a temporary or seasonal nature shall become effective immediately.”
(c)
He shall be entrusted with the administration of all personnel policies, practices and related matters for all municipal employees as established by the compensation plan, the personnel policy guide, bylaw, and all collective bargaining agreements entered into by the select board on behalf of the town.
(d)
He shall fix the compensation of all town officers and employees appointed by him within the limits established by appropriations and the compensation plan adopted by the town meeting.
(e)
He shall attend all regular and special meetings of the select board, except meetings at which his own removal is to be discussed, unless excused at his own request, and shall have a voice, but no vote, in all discussions.
(f)
He shall attend all sessions of the town meeting and shall answer all questions directed to him that are related to his office.
(g)
He shall see that all of the provisions of the general laws, of the charter, of the bylaws and other town meeting votes, and of the select board that require enforcement by him, or officers and employees subject to his direction and supervision, are faithfully carried out.
(h)
He shall prepare and submit a proposed annual operating budget and a proposed capital improvement program as provided in article 6.
(i)
He shall assure that a full and complete record of the financial and administrative activities of the town is kept and shall render a full report to the select board at the end of each fiscal year and such other times as it may require.
(j)
He shall keep the select board fully informed as to the financial condition and needs of the town, and shall make such recommendations to the select board as he deems necessary or expedient.
(k)
He shall have full jurisdiction over the rental and use of all town facilities, except schools and properties designated by bylaw or other town meeting vote as Winchester historical sites. He shall be responsible for the maintenance and repair of all town property placed under his control by the charter, by bylaw or by other town meeting vote.
(l)
He may at any time inquire into the conduct of office of any officer, employee or department under his control.
(m)
He shall keep a full and complete inventory of all property of the town, both real and personal.
(n)
He shall be responsible for the negotiation of all contracts involving any subject within his jurisdiction. These proposed contracts shall be subject to final approval and execution by the select board.
(o)
He shall be responsible for purchasing all supplies, materials and equipment, and shall award all contracts for all departments and activities of the town. He shall examine and inspect, or cause to be examined and inspected, the quality, quantity and conditions of materials, supplies or equipment delivered to or received by any town agency. He may examine services performed for any town agency secured through the purchasing procedure.
(p)
He shall perform any other duties required of him by the charter, by bylaw, by other town meeting vote or by the select board.
(a)
Temporary Absence.
By letter filed with the town clerk and select board, the town manager shall designate a qualified town administrative officer or employee to exercise the powers and perform the duties of the town manager during his temporary absence. During the absence of the town manager, the select board may not revoke such designation without cause until at least ten working days have elapsed whereupon it may appoint another qualified town administrative officer or employee to serve as acting town manager until the town manager returns.[1]
[1]
Art 2 1978 Fall Town Meeting added the words “without cause” after the word “designation” in the second sentence.
(b)
Vacancy.
When the office of town manager is vacant, or the town manager is under suspension as provided in Section 4-4, the select board shall appoint a qualified town administrative officer or employee to serve as acting town manager until the vacancy is filled or the suspension has been terminated.
The select board may remove the town manager from office after first applying the following procedures:
(a)
Notice.
By affirmative vote of a majority of all of its members the select board may adopt a preliminary resolution of removal setting forth in reasonable detail the reason or reasons for the proposed removal. The 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 following adoption.
(b)
Public Hearing.
Within five days after the delivery of the preliminary resolution of removal, the town manager may request a public hearing on the reasons cited for removal by filing a written request therefor with the select board. The hearing shall be convened by the select board not less than twenty nor more than thirty days after a request is filed. Not less than five days prior written notice of the date upon which the hearing will commence shall be given to the town manager. The time limitations set forth herein may be waived in writing by the town manager. The town manager shall be entitled to file a written statement with the select board responding to the reasons cited for the proposed removal, provided the same is received by the select board not less than forty-eight hours in advance of the time set for the commencement of the public hearing. The town manager may be represented by counsel at the public hearing. He shall be entitled to present evidence, call witnesses and, personally or through counsel, question any witness appearing at the hearing.
(c)
Removal.
If the town manager does not request a public hearing, then upon the expiration of ten days from the date of delivery to him of the preliminary resolution of removal, or if the town manager does request a public hearing, then five days from the completion of the public hearing, or forty-five days from the date of the adoption of the preliminary resolution, whichever occurs later; the select board may by the affirmative vote of a majority of all of its members adopt a final resolution of removal that shall be effective upon adoption. Failure to adopt a final resolution of removal within the time limitations provided in this section shall nullify the preliminary resolution of removal. The action of the select board 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 in the select board. The town manager shall continue to receive his salary until a final resolution of removal has become effective.[1]
[1]
Art 2 1978 Fall Town Meeting added the words “from the completion of the public hearing, or forty-five days” after the words “five days” in the first sentence.