The organization of the town into operating agencies may be accomplished through either method provided in this section.
(a) 
Bylaws.
Subject only to express prohibitions in the constitution, the general laws or the charter, the town meeting may, by bylaw, reorganize, consolidate, or abolish any town agencies in whole or in part and establish such new town agencies as it deems necessary or advisable. It may prescribe the functions of any town agency; provided, however, that no function assigned by the charter to a particular town agency may be discontinued or, unless the charter so provides, assigned to any other.
(b) 
Administrative Code.
Subject only to express prohibitions in the constitution, the general laws or the charter, the select board, after consultation with the town manager, may from time to time prepare and submit to the town meeting for approval as an administrative code a plan of organization or reorganization, or amendments to any existing plan, for the orderly, efficient or convenient conduct of the business of the town.
The select board may, through an administrative code, reorganize, consolidate or abolish any town agencies in whole or in part and establish such new town agencies as it deems necessary or advisable. It may prescribe the functions of any town agency and, for such purpose, transfer the powers and duties and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriations of one town agency to another; provided, however, that no function assigned by the charter to a particular town agency may be discontinued, or unless the charter specifically so provides, assigned to any other.
Whenever the select board prepares such a plan, it shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper not less than seven days in advance, which notice shall describe the scope of the proposal and the time and place at which the hearing shall be held. Following such public hearing, the select board shall submit to the town meeting, by warrant article, its proposal, which it may have modified subsequent to the public hearing.
An organization or reorganization plan shall become effective at the expiration of ninety days following the date of the town meeting at which the proposal is submitted, unless the town meeting shall, by a majority vote within that time, vote to disapprove the plan.
The town meeting may vote only to approve or disapprove the plan and may not vote to amend or alter it.
The town manager shall prepare for submission to the select board a table of organization establishing personnel requirements within the town agencies created by bylaw or by administrative code. The table of organization shall become effective unless rejected by the select board within thirty days following the date of its submission.
(a) 
Establishment and Scope.
There shall be a department of public works responsible for the performance of all public works activities of the town placed under its control by the charter, by bylaw, by administrative code, or otherwise, including but not limited to refuse collection and disposal, forestry services, protection of natural resources, maintenance of all municipal buildings and grounds, water supply and distribution, sewers and sewerage systems, and streets and roads.
The department of public works shall assume all of the duties and responsibilities in the performance of public works functions, including but not limited to those performed prior to the adoption of the charter by or under the authority of the water and sewer board, the park commission, the cemetery commission, the school committee, and the select board.
(b) 
Director of Public Works.
The department of public works shall be under the direct control of a director of public works who shall be appointed by and who shall be directly responsible to the town manager. The director of public works shall serve at the pleasure of the town manager. He shall be a person especially fitted by education, training and previous experience to perform the duties of the office.
The director of public works shall be responsible for the supervision and coordination of all divisions within the department in accordance with state statutes, town bylaws, administrative code and directives of the town manager.
(c) 
Policy Formulation.
The select board, acting through the town manager, shall be responsible for the overall supervision of the department of public works and for the establishment of priorities and policies to govern the operation of the department.
(a) 
Appointment; Qualifications; Term of Office.
The select board shall appoint a town comptroller and fix his compensation within the amount annually appropriated for that purpose. The comptroller shall have at least three years prior full-time accounting experience. The comptroller shall devote his entire time to the performance of his duties and the supervision of the employees of his department. The comptroller shall be appointed in March of every third year for a three-year term to run from the first day of the following April until the qualification of his successor. The comptroller may be removed by the select board for cause and the vacancy filled by it, in the same manner as an original appointment, for the remainder of the unexpired term.[1]
[1]
Art 11 1981 Fall Town Meeting deleted the first sentence which read, “There shall be a comptroller, appointed by the board of selectmen”, and replaced it with the sentence now shown.
(b) 
Powers and Duties.
The comptroller shall be subject to the supervision and control of the select board but not of the town manager. The comptroller shall have, in addition to the powers and duties conferred and imposed upon town accountants, by general laws, the following powers and duties:
(1) 
He shall prescribe the methods of installation and exercise supervision of all accounting records of the several town officers and agencies; provided, however, that any change in the system of accounts shall first be discussed with the select board and the town agencies affected.
(2) 
He shall establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the town, including clerical and office methods, records, reports and procedures as they relate to accounting matters. He shall prepare and issue rules, regulations and instructions relating thereto that, when approved by the select board, shall be binding upon all town agencies and employees.
(3) 
He shall draw all warrants upon the town treasurer for the payment of bills, drafts and orders chargeable to the several appropriations and other accounts.
(4) 
Prior to submitting any warrant to the town manager, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examination, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered to or received by any town officer or agency. If, upon examination, it appears to the comptroller that any such bill, draft or order is fraudulent, unlawful or excessive, he shall immediately file with the select board and town treasurer a written report of the reasons for his findings.
(5) 
He shall be in charge of all of the accounting and business machines owned by the town, other than machines used for educational or classroom purposes, and shall allocate the use thereof among the several town agencies.
(6) 
He shall be responsible for a continuous audit of all accounts and records of the town wherever located.
(c) 
Vacancy.
If the comptroller is unable to perform his duties because of disability or absence, or if the office is vacant because of resignation or death, the select board may appoint a temporary comptroller to hold such office and exercise the powers and perform the duties until the comptroller who was disabled or absent resumes his duties, or until another comptroller is duly appointed. Said temporary appointment shall be in writing, signed by a majority of the select board and filed in the office of the town clerk.
(d) 
Assistant Comptroller.
The comptroller with the approval of the majority of the select board may appoint, in writing, an assistant. Unless a temporary comptroller is appointed, the assistant may, in the absence of the comptroller, perform the duties of the comptroller and when performing such duties shall have the same powers and be subject to the same requirements and penalties as the comptroller.
(a) 
Appointment; Qualifications; Term of Office.
The select board each year shall appoint a town counsel and fix his compensation within the amount annually appropriated for that purpose. The person appointed and employed by the select board as town counsel shall be a member in good standing of the bar of the Supreme Judicial Court of Massachusetts and of all other courts before which he has been admitted to practice. Any special counsel employed by the select board shall be a member in good standing of the bar of all courts before which he has been admitted to practice.
(b) 
Powers and Duties.
In addition to those duties which the select board may request or authorize the town counsel to perform, he shall have the following powers and duties:
(1) 
The town counsel shall examine and report to the town manager upon the title to any land to be acquired by the town or any town agency.
(2) 
The town counsel shall, when requested, counsel with respect to all contracts, bonds, deeds and other legal instruments to which the town is a party or in which any right or interest of the town is involved.
(3) 
The town counsel shall advise all town agencies regarding legal questions relating to their powers and duties.
(4) 
The town counsel, when requested by the select board, shall appear and conduct, or assist in the conduct of the prosecution, defense or compromise of any claims, actions and proceedings by, on behalf of, or against the town or any town agency.
(5) 
The town counsel, when requested by the select board, shall assist in the prosecution of any violation of the laws or regulations of the town.[2]
[2]
Art 9 1984 Fall Town Meeting substituted “the laws or regulations of the town” for “these bylaws”.
[1]
Art 12, 1981 Fall Town Meeting added new section 5-6 Town Counsel.