Town of Brewster, MA Article I Form of Government

[Adopted 11-18-1996 FYTM, Art. 18]

§ 5-1 Incorporation and authority.

A. Incorporation continued. The inhabitants of the Town of Brewster, Massachusetts, within its territorial limits as now or may hereafter be established by law, shall continue to be a body politic and corporate, known as the "Town of Brewster."

B. Powers of the Town. The intent and purpose of this bylaw is to secure for the voters of the Town of Brewster, through the adoption of this bylaw, all the powers possible to secure for their government under Article LXXXIX of the Amendments to the Constitution of the Commonwealth and laws of the Commonwealth, as fully and as though each such power were specifically and individually enumerated herein. To the extent that the provisions of this bylaw modify or repeal the body of law which constitutes the Town Code under Section 9 of Article LXXXIX of the Amendments to the Constitution of the Commonwealth, this bylaw shall govern.

§ 5-2 Legislative branch: Town meeting.

The legislative powers of the Town shall continue to be exercised by a Town meeting open to all voters of the Town.

§ 5-3 Chief executive function: Select Board.

[Amended 5-3-1999 STM, Art. 5; 10-19-2009 FYTM, Art. 8; 5-4-2009 ATM, Art. 36; 11-13-2017 FYTM, Art. 13]

A. Composition, term of office. There shall be a Board of Selectmen composed of five members elected for terms of three years each, so arranged that the term of as nearly equal number of members as is possible shall expire each year. For purposes of these bylaws, the Board of Selectmen shall be referred to as the "Select Board."

B. Powers and duties.

(1) Unless otherwise provided by this bylaw, the executive powers of the Town shall be vested in the Select Board. The Select Board shall have all of the powers and duties given to Boards of Selectmen under the constitution and laws of the Commonwealth and such additional powers and duties as may be authorized by this bylaw, special act or by other Town meeting vote. The Select Board shall cause the laws and orders of the government of the Town to be enforced and shall cause a record of its official acts to be maintained. The Select Board shall be the chief policy making board of the Town and shall act by the issuance of policy statements and guidelines to be followed and implemented by Town agencies serving under the Board.

(2) The Select Board shall be the licensing authority of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of said licenses and to attach such conditions and restrictions thereto as it deems to be in the public interest, and to enforce the laws relating to all business for which it issues licenses.

(3) The Select Board shall be primarily responsible for the preparation of the Town's long range plan and shall develop strategies to incorporate the plan into policies for the effective management of the Town.

(4) To aid the Select Board in the conduct of its official business and duties, the Select Board shall appoint a Town Administrator.

C. Appointment powers. The Select Board shall appoint a Town Administrator, a Town Counsel, a Town Clerk, a Personnel Committee, a Board of Water Commissioners, a Police Chief and a Fire Chief and the Director of Operations of the Captains Golf Course. The Select Board shall also actively recruit and appoint all boards, committees and commissions except as otherwise provided by this bylaw, the General Laws, special act or other vote of the Town meeting and such other regional authorities, districts or committees in accordance with any applicable laws or interlocal agreement. The Select Board may appoint ad hoc committees as it deems necessary.

§ 5-4 Elected Town officers.

The registered voters of the Town of Brewster shall, in accordance with any applicable laws, bylaws, voters of the Town or interlocal agreement, continue to elect the following:

A. Moderator;

B. Select Board;[1]

[Amended 11-13-2017 FYTM, Art. 13]

[1] Editor's Note: The phrase "Board of Assessors of five members" was deleted from this subsection pursuant to a majority of the qualified voters participating in the Annual Town Election of 5-20-1997 voting to have the Board of Selectmen appoint the Town's Board of Assessors. See § 6-1 of the Code.

C. [2]Brewster School Committee of five members;

[2] Editor's Note: Former Subsection C, Town Clerk, was repealed 10-19-2009 FYTM, Art. 8. This article also redesignated former Subsection D through Subsection K as Subsection C through Subsection J, respectively.

D. Representatives to the Nauset School District Committee, as the Regional School Agreement shall authorize;

E. Board of Health of five members;

F. Planning Board of seven members;

G. Recreation Commission of five members;

H. [3]Historic District Committee of five members, with four elected members and one member appointed by the Select Board; and

[Amended 11-13-2017 FYTM, Art. 13]

[3] Editor’s Note: Former Subsection H, Water Commission of three members, was repealed 5-4-2009 ATM, Art. 36. Article 36 also redesignated former Subsections I and J as Subsections H and I, respectively.

I. Housing Authority of five members, with three members to be elected by voters and two members appointed in accordance with requirements of state law.

§ 5-5 Administrative Officer/Town Administrator.

[Amended 11-13-2017 FYTM, Art. 13]

A. Appointment, qualifications of Town Administrator. The Select Board shall appoint a Town Administrator who shall serve at the pleasure of the Board and may enter into a contract under Massachusetts General Laws C. 41, § 108N. The Town Administrator shall be especially fitted by education, training and experience in public or business administration to perform the duties of the office. Any vacancy in the office of Town Administrator shall be filled as soon as possible by the Select Board. Pending the appointment of a Town Administrator or the filling of a vacancy, the Select Board shall appoint a suitable person to perform the duties of the office. In the event of the temporary absence or disability of the Town Administrator, the Select Board may designate a qualified person to serve as acting Town Administrator during such temporary absence or disability. The Town Administrator shall receive such compensation for services as the Select Board shall determine, but such compensation shall not exceed the amount appropriated therefor by the Town.

B. General responsibilities of the Town Administrator. The Town Administrator shall be the chief administrative officer of the Town, shall act as the agent for the Select Board and shall be responsible to the Select Board for the proper operation of Town affairs for which the Town Administrator is given responsibility under this bylaw. The Town Administrator, under the authority of the Select Board, shall supervise, direct and be responsible for the efficient administration of all officers appointed by the Town Administrator and their respective departments and of all functions for which the Town Administrator is given responsibility, authority or control by act, by bylaw, by Town meeting vote or by vote of the Select Board. The Town Administrator shall have the power to delegate, authorize or direct any subordinate or employee of the Town to exercise any power, duty or responsibility which the office of Town Administrator is authorized to exercise under this bylaw. All actions that are performed under such delegation shall be deemed to be the actions of the Town Administrator.

C. Appointment responsibilities. Except as otherwise provided by this bylaw, the Town Administrator, under the authority of the Select Board, shall appoint, based upon merit and fitness alone, a Town Accountant, a Deputy Assessor, a Treasurer/Collector, a Building Commissioner, a Superintendent of Public Works and all department heads and officers, subordinates and employees under the direct supervision of the Town Administrator, and officers, subordinates and employees for whom no other method of selection is provided in this bylaw, except employees of the School Department, Police Department and Fire Department.

D. Personnel management responsibilities.

(1) The personnel management powers, duties and responsibilities of the Town Administrator shall include, but not intended to be limited to, the following:

(a) To administer personnel policies and any related matters for all municipal employees, by adopting appropriate practices, rules or regulations and to administer all collective bargaining agreements, except those relating to school employees, entered into by the Town.

(b) To fix compensation of all Town employees and officers appointed by the Town Administrator within the limits established by appropriation and any applicable compensation plan, personnel bylaw and/or collective bargaining agreements. The personnel bylaw in effect on the effective date of this bylaw shall remain in effect to the extent it is consistent with the provisions of this bylaw.

(c) To be responsible for the negotiation, subject to the approval of the Select Board, of all contracts with Town employees over wages and other terms and conditions of employment, except employees of the School Department. The Town Administrator may, subject to the approval of the Select Board, employ special counsel to assist in the performance of these duties.

(2) To assist the Town Administrator in carrying out these duties, the Select Board shall appoint a Personnel Committee which shall serve in an advisory capacity to the Town.

E. Financial management responsibilities. The Town Administrator, with the assistance of the Town Accountant, the Treasurer/Collector and the Deputy Assessor, shall be responsible for the financial management function of the Town, unless otherwise provided by this bylaw. Such functions shall include, but are not intended to be limited to, the following:

(1) To prepare and submit to the Select Board and the Finance Committee after consultation with all Town departments an annual operating budget and capital improvement program for all Town departments.

(2) To ensure 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.

(3) To be responsible for the purchase of all supplies, materials and equipment, except books and other educational materials for schools and books and other media materials for libraries. The Town Administrator shall serve as chief procurement office for the Town and shall approve the award of all contracts for all Town departments with the exception of the School Committee.

(4) 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 and to other elected and appointed officials as the Town Administrator deems necessary or expedient.

(5) To prepare, annually, a financial forecast of Town revenues, expenditures and the general financial condition of the Town. Long-range forecasts will be provided to the Select Board when requested.

F. Administrative responsibilities. The administrative powers, duties and responsibilities of the Town Administrator shall include, but are not intended to be limited to, the following:

(1) To attend all regular and special meetings of the Select Board, unless excused.

(2) To attend all sessions of the Town meeting and to answer all questions addressed to the Town Administrator which are related to the warrant articles and to matters under the general supervision of the Town Administrator.

(3) To administer either directly or through a person or persons supervised by the Town Administrator, in accordance with this bylaw, provisions of general or special laws, bylaws and other votes of the Town meeting.

(4) To investigate or inquire into the affairs of any Town department or office under the supervision of the Town Administrator.

(5) To coordinate activities of all Town departments, officers, boards or commissions of the Town.

(6) To keep the Select Board fully informed as to the needs of the Town requiring action by the Town or as the Town Administrator deems necessary or expedient.

(7) To be responsible for the efficient use, maintenance and repair of all Town facilities, except those under the jurisdiction of the School Committee, the Police Chief or the Fire Chief.

(8) To develop and maintain a full and complete inventory of all Town-owned real and personal property.

(9) To perform such other duties as necessary or as may be assigned by this bylaw, Town meeting vote, act or vote of the Select Board.