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.
There shall be a town administrator in the town of
Wayland. Notwithstanding any general or special law to the contrary, the town
administrator shall be the
chief operating and administrative officer of the town and shall be
accountable to the board of
selectmen. The town administrator shall be responsible and accountable for
ensuring there is appropriate administration and coordination, in the
implementation of and adherence to town policies affecting town
departments and in the development and execution of programs affecting various
town departments.
SECTION 2.
Notwithstanding any general or special law to the
contrary, subject to ratification by majority vote of the full membership of
the board of selectmen, the town administrator may appoint solely on the basis
of merit and fitness: (i) a police
chief (ii) a fire chief, and (iii) a finance director, who shall have the
authority and responsibilities of a town accountant; and, without ratification
by the board of selectmen (iv) a building commissioner, (v) 1 or 2 directors
of
the council on aging, (vi) a conservation administrator, (vii) a town treasurer
and
collector; and (viii) such other town officers, department heads and employees
under the jurisdiction of the board of selectmen, except for members of
appointed boards or committees, as authorized by order of the board of
selectmen or by-law of the town. The town administrator shall have the power
and authority to evaluate, discipline and, for cause, remove the appointees
from all of those positions. The town administrator shall consult with
relevant
primary boards and committees working with the department heads before
implementing personnel related actions.
SECTION 3.
Notwithstanding any general or special law to the
contrary, with respect to a department head working for an elected board other
than the board of selectmen, the town administrator shall report to
the elected board on the employee's job performance, at a minimum as part of
the annual evaluation process, and advise to the elected board on
personnel hiring and removal. Evaluation reports shall address under the code
of the town of Wayland, chapter 60, section 2.2 (a) to (h), inclusive, thereof,
and
other similar interactions. Final authority over hiring, evaluating,
disciplining and removal will remain with the elected boards, with input
provided by the town administrator.
SECTION 4.
Section 2 of chapter 307 of the acts of 1972 is hereby
amended by striking out, in line 1, the word "selectmen" and inserting in place
thereof the following words:- town administrator.
SECTION 5.
Section 3 of said chapter 307 is hereby amended by
striking out, in line 1, the word "selectmen" and inserting in place thereof
the
following words:- town administrator.
SECTION 6.
This act shall take effect upon its
passage.
Approved August 19, 2004.