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The 191st General Court of the Commonwealth of Massachusetts

AN ACT FURTHER REGULATING THE POSITION OF TOWN MANAGER IN THE TOWN OF UPTON

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 391 of the acts of 2008 is hereby amended by striking out, in line 9, the words “subsection (k)” and inserting in place thereof the following words:- subsection (a).

SECTION 2. Section 3 of said chapter 391 is hereby amended by striking out, in lines 4 and 5, the words “in elected office in the town's government” and inserting in place thereof the following words:- as a member of the board of selectmen.

SECTION 3. Said section 3 of said chapter 391 is hereby further amended by adding the following paragraph:-

A vacancy in the position of town manager shall be filled as provided in this section. The board of selectmen shall appoint a screening committee of 5 residents of the town to identify candidates for appointment to the position of town manager. The screening committee shall recommend to the board of selectmen a minimum of 3 qualified candidates. After receiving the recommendations of the screening committee, the board shall appoint a town manager from the recommended candidates; provided, however that the board may, at its discretion, request that the screening committee submit additional candidates or it may appoint a new screening committee for such purposes. 

SECTION 4. Section 4 of said chapter 391 is hereby amended by striking out clause (m) and inserting in place thereof the following clause:-

(m) ensure that all laws, by-laws, other town meeting votes and directives of the board of selectmen that require enforcement by the town manager or officers or employees subject to the town manager’s direction and supervision are faithfully carried out. 

SECTION 5. Said chapter 391 is hereby further amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. Every 5 years, the board of selectmen shall appoint from among the residents of the town a committee to review this act. The committee shall make such recommendations to the board of selectmen as it deems appropriate concerning proposed revisions. The committee shall be comprised of an odd number of members not to exceed 7 members.

Approved June 13, 2018.