Town of Hopkinton, MA ARTICLE 3 EXECUTIVE BRANCH

Section 3-1 Select Board.

(a) Composition, Term of Office – There shall be a Select Board consisting of five (5) members elected for terms of three (3) years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year.

(b) Powers and Duties – The executive powers of the Town shall be vested in the Select Board, which shall be deemed to be the chief executive office of the Town. The Select Board shall have all of the executive powers it is possible for a Select Board to have and to exercise, except those powers and duties assigned by this Charter, by Town Bylaw or by other Town Meeting vote to the Town Manager; provided, however, that any provision of the Massachusetts General Laws conferring authority on the Town’s chief executive officer shall be interpreted to confer such authority on the Town Manager, subject to the ratification of the Select Board. The Select Board:

1. Shall serve as the chief policy making board of the Town.

2. Shall be responsible for the formulation and promulgation of policy to be followed by all Town Agencies serving under it.

3. Shall adopt and submit a budget annually to the Appropriation Committee and to Town Meeting;

4. Shall, in conjunction with other elected Town officers and boards and committees, develop and promulgate policy guidelines designed to bring all Town offices into harmony.

Except as provided in Section 3-1(d) of this Charter, nothing in this Section shall be construed to authorize any member of the Select Board or a majority of such members to become involved in the day-to-day administration of any Town department.

(c) Licensing Authority – The Select Board shall be the licensing board of the Town and shall have the power to issue licenses, to make reasonable rules and regulations regarding the issuance of such licenses and to attach such conditions and restrictions to such licenses as it deems to be in the public interest. The Select Board shall enforce the laws relating to all businesses for which it issues licenses. The Select Board may delegate such licensing authority unless specifically prohibited by the Massachusetts General Laws.

(d) Appointing Authority – The Select Board shall appoint the Town Manager, Town Counsel, Police Chief, Fire Chief and, except as otherwise provided by the Massachusetts General Laws or this Charter, all members of appointed boards and committees. The Police Chief and Fire Chief shall be appointed and removed in accordance with the provisions of, and shall have all the powers and duties specified in M.G.L. c. 41, § 97 and M.G.L. c. 48. § 42, respectively.

The Select Board shall be responsible for setting goals for, supervising, performing evaluations of, and disciplining the Town Manager, Town Counsel, Police Chief, and the Fire Chief.

(e) Intergovernmental Relations – The Select Board may enter into agreements with any other unit or units of government to perform jointly or in cooperation, by contract or otherwise, any of its powers or functions.

(f) The Town Report – The Select Board shall issue an Annual Town Report and make it available at least fourteen (14) days in advance of the Annual Town Meeting.

(g) Vacancy – If there is a failure to elect or if a vacancy occurs in the membership of the Select Board, the remaining Select Board members may call a special election to fill such vacancy and shall call such special election upon the written request of two hundred (200) or more voters if such request is filed with the Select Board not less than one hundred (100) days prior to the date of the next annual election.

Section 3-2 Town Manager.

(a) Appointment, Qualifications and Review Procedure.

1. The Select Board, by an affirmative vote of at least three (3) members, shall appoint a Town Manager, and fix the compensation of the Town Manager within the amount annually appropriated for this purpose. The position of Town Manager shall not be subject to the Town’s Salary Administration Plan.

2. The Town Manager shall be a professionally qualified person of proven ability, especially fitted by education, training and previous experience to perform the duties of this office. The Town Manager shall be appointed solely on the basis of the candidate’s executive and administrative qualifications. The Town Manager shall not have served as a member of the Select Board for at least five (5) years prior to the Town Manager’s appointment. The Town may, by Town Bylaw, establish such additional qualifications for the Town Manager as deemed necessary or appropriate.

3. The position of Town Manager shall be a full-time position and the Town Manager shall devote best efforts to the office and shall not hold any other public office, elective or appointive, or engage in any business or occupation during the term of employment, unless written approval is granted by the Select Board.

4. The Select Board shall provide for an annual review of the job performance of the Town Manager, which shall be a public record.

(b) Powers and Duties – 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 the Town Manager’s charge by this Charter. The powers and duties of the Town Manager shall include:

1. To supervise and be responsible for the efficient and coordinated administration of all Town functions under the Town Manager’s control, as may be authorized by this Charter, by Town Bylaw, by Town Meeting vote or by the Select Board.

2. To coordinate the activities of all Town offices serving under the Town Manager or the Select Board with those under the control of other officers and boards and committees elected directly by the voters. For this purpose, elected officers, boards and committees, or their representatives, shall be subject to the call of the Town Manager, at reasonable times for the purpose of effecting coordination and cooperation among all Town offices.

3. Except as otherwise provided in this Charter, to appoint all employees of the Town; provided, however, that the appointment of a Treasurer/Collector and a Principal Assessor shall each be for a term not to exceed three (3) years; and provided further that the Conservation Commission may appoint a Conservation Administrator, in accordance with the Personnel Policies of the Town. Appointments made by the Town Manager shall be filled at a regularly scheduled meeting of the Select Board and shall become effective upon confirmation by the affirmative vote of the Select Board.

4. Except as otherwise provided in this Charter, to set annual goals for all employees of the Town, other than employees of the School Department, Police Department, Fire Department and Town Clerk’s office; provided, however, that the Conservation Commission shall annually set goals for the Conservation Administrator with input from the Town Manager.

5. To supervise all employees of the Town, other than employees of the School Department, Police Department, Fire Department and Town Clerk’s office; provided, however, that supervision of employees appointed other than by the Town Manager shall be performed by both the employee’s appointing authority and by the Town Manager or a designee thereof, consistent with the annual goals set by the employee’s appointing authority.

6. To facilitate annual evaluations for all employees of the Town other than employees of the School Department, Police Department, Fire Department, and Town Clerk’s office, in accordance with the Personnel Policies of the Town.

7. To discipline all employees of the Town, in accordance with the Personnel Policies of the Town, other than employees of the School Department, Police Department, Fire Department, and Town Clerk’s office; provided, however, that discipline of employees appointed other than by the Town Manager shall be subject to appeal to the employee’s appointing authority and discipline of employees appointed by the Town Manager shall be subject to appeal to the Select Board.

8. To act as the Town’s negotiator for all collective bargaining agreements to which the Select Board is a party.

9. To fix the compensation of all Town employees, other than the Town Clerk, the Assistant Town Clerk, and employees of the School Department, Police Department, Fire Department and boards and committees with appointing authority within the limits established by any applicable Salary Administration Plan or collective bargaining agreement; provided, however, that such compensation shall be approved, when applicable, by the appointing board or committee.

10. To attend all regular and special meetings of the Select Board, unless excused at the Town Manager’s request, and to have a voice, but no vote, in all discussions.

11. To attend all sessions of Town Meeting and to answer all questions directed to the Town Manager that are related to the office of the Town Manager or concerning which the Town Manager possesses relevant information.

12. To see that all provisions of the Massachusetts General Laws, this Charter, Town Bylaws, Town Meeting votes, and directives of the Select Board that require enforcement by the Town Manager or by officers or employees subject to the Town Manager’s direction and supervision, are faithfully carried out.

13. To oversee the preparation of the Town’s annual budget.

14. To oversee the preparation of the Town’s Annual Report.

15. To approve for payment all items contained in the Town warrants submitted by the Town Treasurer/Collector; provided, however, that the Select Board shall be authorized to approve for payment items contained in the Town warrants in the absence of the Town Manager or if there is a vacancy in the office of Town Manager.

16. To perform such additional duties as may be assigned by this Charter, by Town Bylaw, by Town Meeting vote or by the Select Board.

(c) Removal and Suspension – The Select Board may, by the affirmative vote of at least four (4) members, remove or suspend the Town Manager from office in accordance with the following procedure:

1. The Select Board shall adopt a preliminary resolution of removal by the affirmative vote of at least four (4) members, which must state the reason or reasons for removal. The preliminary resolution may suspend the Town Manager for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered to the Town Manager within forty-eight (48) hours of its adoption.

2. Within seven (7) days after receipt of the preliminary resolution, the Town Manager may file a written request for a hearing with the Select Board. This hearing shall be held not sooner than three (3) days or later than twenty (20) days after the request is filed. The Town Manager may file a written statement responding to the reasons stated in the resolution of removal with the Select Board.

3. If the Town Manager has not requested a hearing pursuant to Section 3-2(c)2 of this Charter, the Select Board, by the affirmative vote of at least four (4) members, may adopt a final resolution of removal not less than ten (10) or more than twenty-one (21) days following the date of delivery of a copy of the preliminary resolution to the Town Manager. If the Town Manager has requested a hearing pursuant to Section 3-2(c)2 of this Charter, the Select Board, by the affirmative vote of four (4) members, may adopt a final resolution of removal upon the close of such hearing but, in any case, not more than forty-five (45) days following the adoption of the preliminary resolution of removal. Failure to adopt a final resolution of removal within the time periods provided in this Section shall nullify any suspension of the Town Manager, who shall thereupon resume the duties of the office; provided, however, that the Select Board, by the affirmative vote of at least three (3) members may reinstate the Town Manager at any time.

4. Any action by the Select Board to remove or suspend the Town Manager shall be conducted in accordance with the provisions of the Open Meeting Law, M.G.L. c. 30A, §§ 18-25.

(d) Vacancy in the Office of the Town Manager.

1. Permanent Vacancy – The Select Board shall fill any permanent vacancy in the office of the Town Manager as soon as possible in accordance with Section 3-2(a)1 of this Charter. Pending the appointment of a Town Manager, the Select Board shall, within fourteen (14) days of its receipt of notice of the vacancy, appoint some other capable person to perform the duties of the Town Manager until a new Town Manager is appointed and assumes office.

2. Temporary Absence or Disability – The Town Manager may designate, by letter filed with the Town Clerk and Select Board, a capable officer of the Town to perform the duties of Town Manager during a temporary absence or disability. If such absence or disability exceeds thirty (30) days, any designation by the Town Manager shall be subject to approval by the Select Board.

In the event of failure of the Town Manager to make such a designation, or if the person so designated is unable to serve, the Select Board may designate some other capable person to perform the duties of Town Manager during the Town Manager’s temporary absence or disability.

3. Powers and Duties – The powers and duties of the person appointed or designated pursuant to Section 3-2(d)1 or 2 of this Charter, shall be limited to matters not admitting of delay and shall include authority to make temporary, emergency appointments to Town office or employment, but not to make permanent appointments or designations.

Section 3-3 Department of Public Works.

(a) There shall be a Department of Public Works, which shall be under the supervision and control of the Town Manager, except for those powers and duties assigned under this Charter to the Select Board.

(b) The Department of Public Works shall have all the powers and duties now or from time to time vested by the Massachusetts General Laws, this Charter or any Special Act in the following boards, committees, departments and offices: highway department, including highway superintendent; sewer department and water department, including the board of water and sewer commissioners; insect pest control superintendent; and tree warden.

(c) The Department of Public Works shall be responsible for maintenance of Town buildings and grounds, including maintenance and snow removal of driveways and parking areas of school buildings, but excepting maintenance of the remainder of the properties under the care, custody and control of the School Committee.

(d) The Department of Public Works shall, upon request, be responsible for maintenance of property under the care, custody and control of the Parks and Recreation Commission and the Cemetery Commission.

(e) Notwithstanding any contrary provisions of the Massachusetts General Laws, the Department of Public Works shall have such additional powers with regard to the furnishing of engineering services, the collection and disposal of garbage and refuse, and the performance of such duties of any other boards, committees, departments and offices of the town as may be reasonably related to the duties and responsibilities of a department of public works, as the Town may, from time to time, provide by Town Bylaw or Town Meeting vote.

(f) Rates – The Select Board shall have the exclusive authority to establish rates, fees and other charges for the services, programs and other public benefits administered by the Department of Public Works.

(g) Director of Public Works – The Director of Public Works shall be appointed for a term not to exceed three (3) years. The Director shall exercise and perform such of the powers, rights and duties of the Department of Public Works as the Town Manager may from time to time designate. The Director shall be responsible for the efficient exercise and performance of such powers, rights and duties. The Director shall be specifically fitted by education, training and experience to perform the duties of the office. Except as otherwise provided in this Charter, during the Director's tenure, the Director shall hold no elective or other appointive office, and shall not be engaged in any other business or occupation. The Director shall keep full and complete records of the doings of the Director's office and shall render to the Select Board as often as it may require a full report of all operations under the Director's control during the period reporting upon.

(h) The Director of Public Works shall establish within the Department of Public Works the following functions: highway; water; sewer; cemetery; maintenance; park maintenance; forestry; solid waste disposal; recycling; tree; pest control and building and ground maintenance.

(i) The Director of Public Works shall appoint annually a Tree Warden who shall have all the powers and duties of Tree Wardens as specified in the Massachusetts General Laws. The Tree Warden need not be a resident of the Town of Hopkinton.