Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 2 of chapter 753 of the acts of 1968 is hereby amended by striking out clause (e), as amended by section 2 of chapter 284 of the acts of 1976, and inserting in place thereof the following clause:-

(e) The town manager shall appoint a town clerk, a town treasurer, a tax collector, a permanent building committee, a recreation committee, a board of assessors, constables, a chief of police, a fire chief, a director of civil defense, a planning director, with the approval of the planning board, a director of public works, a building commissioner, a cemetery superintendent and, except as provided in subparagraphs (a), (b), (c) and (d), all other officers, boards, committees, commissions and employees of the town with the exception of the elected officials specified in section one and secretarial assistants to the selectmen, employees of the school department and the housing authority and professional and semiprofessional employees of the library.

SECTION 2. Section 3 of said chapter 753 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The board of fire commissioners shall be abolished, and its powers, duties and responsibilities shall be assumed by and devolve upon the fire chief, except those which are herein conferred upon the town manager.

SECTION 3. Section 5 of said chapter 753 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The selectmen shall appoint, as soon as practicable, for a term not to exceed three years, a town manager, who shall be a professionally qualified person of proven ability who has had substantial involvement with municipal government and is appropriately fitted by education, training, and by previous full-time paid experience in a responsible administrative position to perform the duties of the office.

SECTION 4. Said section 5 of said chapter 753 is hereby further amended by striking out the sixth sentence and inserting in place thereof the following sentence:- The town manager shall not hold any elective office nor engage in any other business or occupation during his term except for part-time consultative or teaching duties, directly related to the profession of municipal management and with the specific consent of the selectmen.

SECTION 5. Section 7 of said chapter 753 is hereby amended by striking out the fifth and sixth sentences and inserting in place thereof the following sentence:- If the manager so requests the board of selectmen shall hold a public hearing not earlier than ten days nor later than twenty days after the filing of such request.

SECTION 6. Said chapter 753 is hereby further amended by striking out section 12 and inserting in place thereof the following section:-

Section 12. Estimate of Capital Expenditures.- All boards, departments, committees, commissions and officers of the town shall annually, at the request of the town manager, submit to him and to the capital expenditures committee in writing a detailed estimate of the capital expenditures as defined by by-law required for the efficient and proper conduct of their respective departments and offices for the next fiscal year and the ensuing four year period. The town manager shall submit in writing to the board of selectmen and to the capital expenditures committee a careful, detailed estimate of the recommended capital expenditures for the aforesaid periods, showing specifically the amount necessary to be provided for each office, department and activity and a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town. The selectmen shall consider the capital budget submitted by the town manager and make such recommendations relative thereto as they deem appropriate and proper in the interests of the town. The selectmen shall transmit a copy of the capital budget together with their recommendations relative thereto to the appropriation committee and to the capital expenditures committee. The calendar dates on or before which the budget, revenue statement and tax rate estimate are to be submitted and transmitted shall be specified by by-law.

SECTION 7. Said chapter 753 is hereby further amended by striking out section 13 and inserting in place thereof the following section:-

Section 13. Estimate of Annual Expenditures.- All boards, departments, committees, commissions and officers of the town, except the school committee, shall annually, at the request of the town manager, submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments and offices during the next fiscal year. The school committee shall submit to the manager, at his request, a total budget estimate for the next fiscal year. The town manager shall submit to each member of the board of selectmen in writing an annual budget, which shall contain a careful, detailed estimate of the probable expenditures of the town for the ensuing fiscal year, including a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town, and showing specifically the amount necessary to be provided for each office, department and activity, together with a statement of the expenditures for the same purposes in the two preceding years and an estimate of expenditures for the current year. He shall also submit a statement showing all revenues received by the town in the two preceding years, together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He shall also report to the selectmen the probable amount required to be levied and raised by taxation to defray all of the proposed expenditures and liabilities of the town, together with an estimate of the tax rate necessary therefor.

The selectmen shall consider the proposed budget submitted by the town manager and make such recommendations relative thereto as they deem expedient and proper in the interest of the town. The selectmen shall transmit a copy of the budget together with their recommendations relative thereto to the appropriation committee and, for its information, a copy to the capital expenditures committee. The calendar dates on or before which the budget, revenue statement and tax rate estimate are to be submitted and transmitted shall be specified by by-law.

SECTION 8. This act shall take effect upon its passage.