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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE TOWN MANAGER OF 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.  The last sentence of the first paragraph of section 3 of chapter 391 of the acts of 2008 is hereby amended by striking out the figure “3” and inserting in place thereof the following figure:- 5.

SECTION 2.  Section 4 of said chapter 391, as amended by section 4 of chapter 110 of the acts of 2018, is hereby further amended by striking out clause (a) and inserting in place thereof the following clause:-

(a)  be the hiring authority for all employees under the jurisdiction of the board, and may discipline or remove employees in accordance with this section. The manager shall act in conformance with the personnel by-laws of the town. The manager shall oversee the efficient operation and administration of all officers, divisions and departments appointed by the manager.

(i)  An appointment by the manager of a town officer or employee shall not take effect before 15 days after notice is provided to the board. The board may approve or disapprove the managers’ proposed appointment within those 15 days or the board may waive the 15 day right of refusal by a vote at an open meeting. The board may vote, in open session, to disapprove an appointment and shall state the reason or reasons, which shall be provided in the meeting minutes.

    (ii)  Upon appeal by a town officer or employee not subject to a collective bargaining agreement or other contract, if brought within 2 business days of action taken by the manager to discipline or remove that officer or employee, the board may meet not later than 15 days after the appeal to consider it. The board may approve or disapprove the managers’ action within those 15 days and shall state the reason or reasons for its action, which reasons shall be set forth in summary form in the meeting minutes. Notwithstanding this section, the failure of the board to act before 15 days after the filing of the appeal shall constitute approval by the board of the managers’ action;

SECTION 3.  This act shall take effect upon its passage.

Approved, January 7, 2019.