Town of Southbridge, MA SECTION 4-200 TOWN MANAGER

Section 4-201 Duties and Authority of the Town Manager.

4-201.1. In General. The town manager shall be the chief administrative officer of the Town of Southbridge and shall have all of the power and authority that is conferred upon the town manager by the Southbridge Home Rule Charter.

4-201.2. Control of Activities Not Otherwise Delegated.

Town Property. The town manager shall have control of all town property which is not specially assigned under the school committee or the airport commission and shall enforce the conditions and covenants of any lease or tenancy relating to said property.

Appointing Authority. The town manager shall appoint all town officers whose election by the voters or appointment by some other town board or official is not required by law or by these By-laws.

Residuary Authority. In addition to such other powers and duties as are conferred upon the office by charter, by this code, by custom or by any vote of the town council, the town manager shall have power to do any acts on behalf of the town which are not by law, these By-laws or some vote of the town delegated to some other board, committee or official, or reserved to the voters of the town.

Licensing Authority. With respect to licenses and permits, other than those relating to alcoholic beverages, the town manager shall grant all such licenses and permits and shall have all the powers and duties of a licensing authority under the General Laws, provided however, that the town council retains the power to delegate to one or more town agencies, the powers vested in the town council by the laws of the Commonwealth to grant and issue licenses and permits, and may regulate the granting and issuing of licenses and permits by any such town agency, and may in its discretion, rescind any such delegation without prejudice to any prior action which has been taken. (Charter § 9-2-1)

4-201.3. Authority over Legal Affairs, in General. The town manager, after consultation with the town attorney, may bring on behalf of the town any proceedings before any court, legislative committee, administrative agency or other public official or agency and may answer and defend any such proceedings brought against the town and may cause the town solicitor to appear on behalf of the town in any such proceedings instituted by others in which the town has an interest. The town manager, after consultation with the town attorney may prosecute such suits to final judgment, or may compromise any claims by and against the town on such terms as seem to the town manager and town attorney to be in the best interests of the town, whether or not such claims are in litigation.

The town manager shall have authority in the name of the town and through the town solicitor to prosecute, defend or compromise any and all claims or suits to which the town is a party and in relation to claims and suits whenever in the judgment of the town manager it is reasonably necessary, except actions otherwise provided for by statute or by By-law.

4-201.4. Authority to Settle Workmen’s Compensation Matters. All payments by the town for workmen’s compensation shall, on the approval of the town manager, be charged to the workmen’s compensation claims fund, or the damages and claims account as shall in each such case be deemed to be most appropriate.

4-201.5. Authority to Accept Deeds and to be in charge of Property. The town manager, with the approval of the town council, shall be authorized to accept deeds conveying an interest in real estate to the town. The town manager shall notify the town council whenever such acceptance occurs. All land owned by the town which is not by vote of the town specifically assigned to some particular town agency shall be deemed to be under the authority of the town manager. The town manager shall have general direction or management of the property and affairs of the town in all matters unless otherwise provided by law.

4-201.6. Authority to Manage Town Property and Affairs. The town manager shall have authority to sell or otherwise dispose of personal property and any real estate of which the town has possession or title by following the procedures established in Chapter 30B of the General Laws.

Whenever a town agency to which any land, easement, or other right or interest in land has been assigned determines that the land, easement, or other right or interest in land is no longer required by the agency it shall, forthwith, notify the town manager of such determination and shall identify, with specificity, the land, easement, or other right or interest in land which it has deemed to be no longer needed by the town agency.

The town manager upon receipt of any such determination may refer the matter to the planning board for a report and recommendation. If the matter is so referred, the planning board shall, after study and analysis, file a report containing its recommendations and the reasons for such recommendations, with the town manager.

Whenever any owned land, easement, or other right or interest in land is to be sold the town manager shall file a request to authorize such sale with the town council. The town council may, by a two-thirds vote, authorize the conveyance of such land, or a portion thereof, or the abandonment of an easement or other right or interest in the land. The town council may specify a minimum sum to be paid to the town for such conveyance or abandonment.

The town manager shall advertise and otherwise give notice of the offer to convey or abandon the land, easement, or other right or interest in land in accordance with the provisions of Chapter 30B of the General Laws and any other provisions of law as may be applicable. If the town council has specified a minimum amount, the town manager may, for such amount or any larger amount and on such other terms and conditions as the town manager may deem to be proper, convey said land, or part thereof, by deed, or declare such easement, or right, or other interest, or part thereof, be abandoned.

4-201.7. Policy Formulation for Departments. The town manager, acting through the directors of departments, shall be responsible for the overall supervision of the departments of the town government and for the establishment of priorities and policies to govern the operation of the town departments and agencies.