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 5 of chapter 26 of the acts of 1981 is hereby amended by striking out, in lines 10 and 11, the words, "in a supervisory administrative position" and inserting in place thereof the following words:- as a governmental manager or in a private administrative management position.

SECTION 2. Section 6 of said chapter 26, is hereby amended by striking out, in lines 3 and 4, the words "or the filling of any vacancy".

SECTION 3. Said chapter 26 is hereby further amended by striking out section 7 and 8, and inserting in place thereof the following two sections:-

Section 7. The town administrator may designate by letter filed with the town clerk, an officer of the town to perform his duties during his temporary absence or temporary disability. In the event of failure of the administrator to make such designation, the selectmen may, by resolution, designate an officer of the town to perform the duties of the administrator until he shall return or his temporary disability shall cease.

Section 8. The selectmen, by three concurring votes at a meeting of the board, may move for consideration of the removal of the town administrator. At least thirty days before such proposed removal shall become effective, the selectmen shall file a preliminary written resolution with the town clerk setting forth in detail the specific reasons for his proposed removal, a copy of which resolution shall be delivered to the town administrator. The administrator may, within ten days of service of such resolution, reply in writing to the resolution and may request a public hearing. Service shall be deemed to have been accomplished by leaving a copy of such resolution at the administrator's last known abode. If the administrator so requests, the board of selectmen shall hold a public hearing not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if any, otherwise at the expiration of thirty days following the filing of the preliminary resolution and after full consideration, the selectmen by a three-fifths vote of the full membership of the board, may adopt a final resolution of removal. In the preliminary resolution, the selectmen may suspend the administrator from duty, said suspension should be treated as a temporary absence. The town administrator shall continue to receive his compensation until final adjudication as set forth above. Upon the adoption of a final resolution of removal the selectmen shall pay the administrator in the amount equal to one month's pay up to one full year of service to the town, an additional month for each additional full year of service to the town, but in no event more than an amount equal to three months' pay. However, if cause of removal is an act which constitutes criminal action all severance pay shall be withheld.

SECTION 4. Said chapter 26 is hereby further amended by striking out section 10, as amended by chapter 16 of the acts of 1983, and inserting in place thereof the following section:-

Section 10. In addition to specific powers and duties provided in this act, the town administrator shall have the general powers and duties enumerated in this section:-

(a) The town administrator shall supervise and direct all departments, commissions, boards and offices except departments under elected officials, election officers, registrars of voters, and the finance and advisory board. Said supervision shall be consistent and in compliance with any state laws and regulations relative to the operation of such departments.

(b) The town administrator, in accordance with the provisions of this act and except as otherwise expressly prohibited by the General Laws, may reorganize, consolidate or abolish departments, commissions, boards or offices under his direction and supervision, in whole or in part, may establish such new departments, commissions, boards or offices as he deems necessary, and may transfer the powers and duties of one department, commission, board or office to another.

(c) In carrying out the activities related to personnel, the town administrator shall be governed by all applicable aspects of the personnel by laws. In matters relating to hours and working conditions and related functions, those set out in the personnel by laws or those covered by collective bargaining shall not be deviated from by any official, except the town administrator, who shall have sole prerogative.

(d) Notwithstanding the provisions of section one hundred and eight of chapter forty-one of the General Laws, but subject to all applicable provisions of chapter thirty-one of the General Laws, the town administrator shall fix the compensation of all town officers, employees appointed by him and all employees of elected bodies and shall do so in accordance with the wage and salary classification plan as approved at town meeting.

(e) The town administrator shall attend all regular meetings of the board of selectmen except meetings at which his removal is being considered.

(f) The town administrator shall keep full and complete records of his office, and shall render as often as may be required by the selectmen a full report of all operations during the period being reported.

(g) The town administrator shall keep the selectmen fully advised as to the needs of the town. The town administrator shall recommend to the selectmen for adoption such measures requiring action by them or by the town as he may deem necessary or expedient.

(h) The town administrator shall have jurisdiction over the rental and use of all town property except land and buildings under control of the school committee, library trustees, and the conservation commission and shall be responsible for the maintenance and repair of all town buildings except land and buildings under control of the school committee, library trustees and conservation commission. He shall be responsible for the preparation of plans and supervision of work on existing buildings or the construction of new buildings as recommended by a vote of the town meeting.

(i) The town administrator shall be the awarding authority responsible for the purchase of all supplies and materials and equipment except purchases of the school committee and library trustees and shall approve the award of all contracts for all departments not under his supervision only upon requisition duly signed by the head of such department.

(j) The town administrator shall administer either directly or through a person or persons appointed by him in accordance with this act all provisions of general and special laws applicable to said town, all by-laws and all regulations established by the selectmen.

(k) The town administrator shall have authority to prosecute, defend and compromise all litigation to which the town is a party, and shall be the executive officer of the town as referred to in chapter two hundred and fifty-eight of the General Laws pertaining to the processing of claims against the town.

(l) The town administrator shall be the selectmen's agent for collective bargaining and may employ special counsel to assist him in the performance of these duties.

(m) The town administrator shall perform such other duties, consistent with his office, as may be required of him by the by-laws of the town or by vote of the selectmen or town meeting.

(n) The town administrator shall secure on or before December first of each year from all officers, boards and committees charged with equipment a list of all such equipment upon a standard form.

(o) The town administrator shall attend all town meetings and shall be permitted to speak when recognized by the moderator.

SECTION 5. Said chapter 26 is hereby further amended by striking out sections 11, 12, 13, 14, 15 and 16 and inserting in place thereof the following six sections:-

Section 11. The town administrator shall have access to all town books and papers for information necessary for the proper performance of his duties unless expressly prohibited by law.

Section 12. The board of public works and the personnel board is hereby abolished. The town administrator shall succeed to all powers heretofore possessed by said boards.

Section 13. The town administrator shall appoint the town treasurer, tax collector and all other town officials whose appointment or election is not specifically provided for herein. The town administrator shall appoint, and may remove subject to the civil service laws where applicable, all department heads, all officers and all subordinates and employees for whom no other method of appointment is provided in this act. Any departments which are overseen by elected bodies, said elected bodies shall be the appointing authority for all personnel in their departments.

Section 14. After the acceptance of this act, the registered voters of the town of Stoneham shall, in accordance with any applicable laws, by laws and votes of the town continue to elect the following:

a. moderator

b. board of selectmen

c. school committee

d. planning board

e. board of health

f. assessors

g. library trustees

h. representative to Northeast Metropolitan regional vocational school

i. housing authority

j. constables

k. town clerk

The powers, duties and responsibilities of elected officials shall be as now or hereafter provided by applicable provisions of general laws, special acts, by-laws and votes of the town, except as otherwise expressly provided herein.

Notwithstanding the election by voters of the town of the officers named in this section, such officers shall be available to the administrator for consultation, conference and discussion on matters relating to their respective offices.

Section 15. At least ninety days prior to the annual town meeting (Article #2), the town administrator shall submit to the selectmen a careful, detailed estimate in writing of the probable expenditures of the town government for the ensuing fiscal year, stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town and showing specifically the amount necessary to be provided for each fund and department, together with a statement of the expenditures of the town for the same purposes in the preceding year and an estimate of the expenditures for the current year. He shall also submit a statement showing all revenues received by the town in the preceding fiscal year 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 report the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the town together with an estimate of the tax rate necessary to raise said amount. For the purpose of enabling the town administrator to make up the annual estimates of expenditures, all boards, officers and committees of the town shall, at least one hundred twenty days prior to the annual town meeting (Article #2) furnish all information in their possession and submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the next fiscal years.

Section 16. The selectmen shall consider the tentative budget submitted by the town administrator and make such recommendations relative thereto as they deem expedient and proper in the interests of the town. On or before the seventy-fifth day prior to the annual town meeting (Article #2), the selectmen shall transmit a copy of the budget, together with the recommendations, to the finance and advisory board.

SECTION 6. Sections eighteen, nineteen, twenty and twenty-one of said chapter twenty-six are hereby repealed.