[HISTORY: Adopted by the Town Meeting of
the Town of Southborough as Art. XII of the 1983 Code. Amendments
noted where applicable.]
All officers, boards and committees shall notify
the Town Clerk of their organizations, of their office hours and of
the time and place of their meetings.
No contract, involving an obligation of the
Town, exceeding the sum of $300 shall be binding upon the Town unless
it is in writing and is signed by at least a majority of the board
or committee duly authorized or having control of the appropriation
against which such obligation is incurred; and such board or committee
shall make a record of every such contract in a book which shall be
the property of the Town.
No board or officer shall make any contract
on behalf of the Town, the execution of which shall necessarily extend
beyond one-year from the date thereof, unless specific authority so
to do has been given by vote of the Town.
A.
Every officer, board or committee of the Town charged
with the expenditure of money shall furnish the Town Accountant with
a copy of all orders for the purchase of equipment, supplies or materials
and all requisitions for personal services, except for services, payment
for which is to be made on the regular payroll of the department,
board or committee contracting for the same at the time such purchases
or requisitions are made.
B.
Every officer, board or committee making or entering
into any written contract shall file such contract with the Town Accountant
before any payment is made thereon.
C.
Every board or committee shall at once furnish the
Town Accountant with a copy of any vote adopted by it which involves
the expenditure of money.
Every officer or board of the Town, at the time
of rendering or transmitting any bill or demand for any money due
or payable to the Town, shall, at the same time, file a statement
thereof with the Town Accountant; provided, however, that the provisions
of this section shall not apply to bills or demands for taxes or other
municipal assessments.
[Amended 4-13-2010 ATM by Art. 19]
Any officer or board in charge of a department
may, with the approval of the Board of Selectmen, sell any personal
property or material lawfully in custody of and belonging to such
department and no longer needed and which does not exceed $2,000 in
value. No property of the Town of value in excess of $1,000 shall
be sold except at public auction, after not less than seven days'
notice in one or more newspapers published in the Counties of Worcester
and Middlesex.
Every officer in charge of a department shall
annually, on or before the 15th day of January, transmit to the Selectmen,
in writing, a report, containing a statement of the acts and doings
of his department for the past financial year, to be printed in the
Annual Report as the Selectmen may deem expedient.
No Town, officer, department or committee member
shall receive any compensation or commission for work done by him
in his official capacity for the Town, except his official salary
and fees allowed by law, or enter into any contract with any department
of the Town without the permission of the Selectmen, expressed by
a vote which shall appear on their records, together with the reason
therefor.
[Amended 4-12-2004 ATM by Art. 3]
All Town departments, except those under the
supervision of the various elected school committees, prior to the
acquisition by grant, gift, lease or other means of capital equipment,
real property or capital assets by any Town department, employee,
board or official except as specifically budgeted and approved by
Town Meeting, the parties making such acquisition shall:
A.
Provide the Board of Selectmen with a written description
of the equipment, real property or capital asset to be acquired. The
Board of Selectmen shall approve the acquisition by majority vote;
and
B.
Also provide the Board of Selectmen with a written
estimate of annual maintenance costs; annual operating costs, and
a description and cost of ancillary support systems and equipment
that are required for the effective utilization of the equipment,
real property or asset. These estimates shall be for a period equal
to the life of the equipment, real property or capital asset or five
years, whichever is less. The Board of Selectmen shall approve these
estimates by majority vote.
C.
Shall the Board of Selectmen fail to approve either
option as noted above, the equipment, capital asset or real property
shall not be acquired.
[Added 4-15-2004 ATM by Art. 55]
A.
The Town, acting by and through its Selectmen, may
provide an employment contract, for a period of up to three years,
to provide for the salary, fringe benefits and other conditions of
employment, including, but not limited to, severance pay, relocation
expenses, reimbursement of expenses incurred in the performance of
duties or office, liability and disability insurance, and leave, for
the Superintendent of Public Works.
B.
Such an employment contract shall prevail over and
preempt any provision of any local personnel bylaw, Code section,
rule or regulation covering the subject matter of the employment contract.
C.
If the Town Meeting votes to appropriate the funds
necessary for the first year of any contract described herein, the
Town shall be bound to fund the remaining term of the contract.
D.
Nothing contained in this section shall affect the
appointment or removal powers of the Board of Selectmen over the above-referenced
department head, nor shall it grant tenure to such department head.
E.
The Board of Selectmen may promulgate rules and regulations
to carry out this bylaw.
