The select board shall appoint a town manager and shall annually
evaluate the performance of the town manager. The town manager shall
be a person of proven administrative ability, especially qualified
by education and training with at least five years full-time experience
as a city or town manager or an assistant city or town manager or
the equivalent experience in the public or private sector. The select
board may from time to time establish such additional qualifications
as deemed necessary and appropriate.
The town manager shall devote full time to the duties of the
office and shall not hold any other elective or appointive town office,
nor shall the town manager engage in any other business unless such
action is approved in advance in writing by the select board.
The town manager shall be the primary officer responsible for
the implementation of policy directives and guidelines adopted by
the select board. The daily administration of the affairs of the town
shall be the responsibility of the town manager.
Any permanent vacancy in the office of town manager shall be
filled as soon as possible by the select board. Pending appointment
of the town manager or the filling of any vacancy the select board
shall, within a reasonable period of time, appoint some other qualified
person to perform the duties of the town manager.
The town manager may designate by letter filed with the select
board and town clerk a qualified officer of the town to perform the
duties of the town manager during a temporary absence or disability.
If such temporary absence or disability shall exceed thirty (30) days,
any designation made by the town manager shall be subject to the approval
of the select board. In the event of failure of the town manager to
make such designation, or if the person so designated is for any reason
unable to serve, the select board may designate some other qualified
person to perform the duties of the town manager until the town manager
shall return.
The town manager shall receive such compensation for services
as the select board shall determine but such compensation shall be
within the limits of available appropriations.
Except as otherwise provided by this charter, the town manager
shall appoint, based on merit and fitness alone, and may remove all
department heads, assistant department heads, officers, subordinates,
employees serving under elected and appointed boards, commissions,
committees and employees for whom no other method of selection and
removal is provided in this charter except employees of the housing
authority.
Appointment of department heads by the town manager shall become
effective on the fifteenth day following the day on which notice of
the proposed appointment is filed with the select board unless the
select board shall, within such period, by majority vote of the full
select board, vote to reject such appointment.
The town manager shall be the administrative officer of the
town and shall be responsible to the select board for the proper operation
of town affairs for which the town manager is given responsibility
under this charter. The powers, duties and responsibilities 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 officers appointed by the town manager and their respective
departments, and of all functions for which the town manager is given
responsibility, authority, or control by this charter, by bylaw, by
town meeting vote, or by vote of the select board;
(b) to administer and enforce either directly or through a person or
persons supervised by the town manager, in accordance with this charter,
all provisions of the laws of the commonwealth or special laws applicable
to the town, all bylaws, and all regulations established by the select
board;
(c) to coordinate activities of all town departments;
(d) to attend all regular and special meetings of the select board, unless
excused;
(e) to attend all sessions of the town meeting and to answer all questions
addressed to the town manager and which are related to warrant articles
and to matters under general supervision of the town manager;
(f) to keep the select board fully informed as to the needs of the town,
and to recommend to the select board for adoption such measures requiring
action by them or by the town as the town manager deems necessary
or expedient;
(g) to insure that complete and full records of the financial and administrative
activity of the town are maintained and to render reports to the select
board as may be required;
(h) to be responsible for rental, use, maintenance, repair and the development
of a comprehensive maintenance program for all town facilities;
(i) to serve as the chief procurement officer and be responsible for
the purchase of all supplies, materials and equipment except books
and other educational materials for schools, and approve the award
of all contracts for all town departments;
(j) to develop and maintain a full and complete inventory of all town
owned real and personal property;
(k) to administer personnel policies, practices, and rules and regulations,
any compensation plan and any related matters for all municipal employees,
and to administer all collective bargaining agreements entered into
by the town;
(l) to fix the compensation of all town employees and officers appointed
by the town manager within the limits established by appropriation
and any applicable compensation plan and collective bargaining agreements;
(m) to be responsible for the negotiation of all contracts with town
employees over wages and other terms and conditions of employment,
except employees. The town manager may, subject to the approval of
the select board, employ special counsel to assist in the performance
of these duties. Contracts shall be subject to the approval of the
select board;
(n) to prepare and submit an annual operating budget and capital improvement program as provided in Sections
6-1 and 6-2 of this charter;
(o) to keep the select board and the finance committee fully informed
as to the financial condition of the town and to make recommendations
to the select board as the town manager deems necessary;
(p) to investigate or inquire into the affairs of any town department
or office;
(q) to delegate, authorize or direct any subordinate or employee of the
town to exercise any power, duty or responsibility which the office
of town manager is authorized to exercise, provided, that all acts
which are performed under such delegation shall be deemed to be the
acts of the town manager;
(r) to perform such other duties as necessary or as may be assigned by
this charter, by bylaw, by town meeting vote, or by vote of the select
board.
The select board, by affirmative vote of three of its members,
may vote to terminate, remove or suspend the town manager. If so requested
by the town manager, the select board shall provide a written statement
setting forth the reasons for the removal or termination within ten
(10) working days.
Within five (5) days after the vote to terminate, remove or
suspend the town manager from office, the town manager may request
a public hearing by filing a written request for such hearing with
the select board. The purpose of such hearing is to provide the town
manager with an opportunity to provide information and make a statement
concerning removal from said office. If such a hearing is requested,
the hearing shall be held at a meeting of the select board not later
than twenty days from the date of request.