Bill H.4316

HOUSE DOCKET, NO. 4768 FILED ON: 5/10/2016

HOUSE . . . . . . . . . . . . . . . No. 4316

By Mr. Bradley of Hingham, a petition (accompanied by bill, House, No. 4316) of Garrett J. Bradley (by vote of the town) that the board of selectmen of the town of Hingham be authorized appoint a town administrator. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to the town administrator in the town of Hingham.

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. Notwithstanding any general or special law or by-law of the town of Hingham to the contrary, the board of selectmen of the town of Hingham shall appoint a town administrator for a term of 1 or 3 years or any such longer term as may hereafter be authorized by law and, in its discretion, for successive terms thereafter, and to remove the town administrator at its discretion. The town administrator shall act by and for the board in any matter which the board may assign, relating to the administration of the affairs of the town or of any town office or department under the supervision and control of the board, and, with the approval of the board, may perform such other duties as may be requested by any other town officer, board, committee or commission. A town administrator appointed pursuant to this section shall be sworn to the faithful performance of his or her duties. While in office, the town administrator shall devote full-time to the position of town administrator and shall not engage in any other business or occupation and shall not hold elective town office, but may be appointed by the board of selectmen or, with their approval, by any other town officer, board, committee or commission, to any other town office or other position consistent with this office.

The town administrator shall be appointed solely on the basis of executive and administrative qualifications and shall be a person of proven professional ability fitted by education, training and previous full-time employment in a responsible public or business administrative position. No appointee shall have held elective office within the town for a period of 12 months prior to appointment as town administrator.

The position of town administrator shall not be subject to the personnel by-law of the town of Hingham. The board of selectmen shall enter into an employment contract with the town administrator.

The board of selectmen shall provide the town administrator with an annual job performance review with input from department heads, employees and members of elected and appointed boards. As part of its annual review, the board shall evaluate the town administrator’s performance, including the ability to: (i) supervise municipal employees properly, (ii) administer town government effectively, (iii) effectuate policy and (iv) accomplish established goals.

SECTION 2. The town administrator shall be the chief administrative officer of the town of Hingham and shall be responsible for: (i) the administration and supervision of all town departments and appointed personnel under the jurisdiction of the board of selectmen and as otherwise provided by law or these by-laws; (ii) directing the overall activity of the municipality when exercising authority for finances, operations and oversight; and (iii) implementing town policies.

Notwithstanding any general or special law or by-law of the town of Hingham to the contrary, the powers and duties of the town administrator shall include, but not be limited to, the following:

(a) The authority and responsibility to exercise overall responsibility for human resources for the town, including but not limited to: (i) authority for hiring, supervision, evaluation, discipline and removal of town employees under the jurisdiction of the board of selectmen; and (ii) the responsibility to assist the personnel board in the implementation and administration of the personnel by-law of the town of Hingham and salary and classification plan.

The town administrator shall coordinate the recruitment and screening of suitable candidates for consideration and appointment of the chief of police, the fire chief and the superintendent of public works by vote of the board of selectmen. The town administrator shall provide the board with relevant materials for the evaluation of no more than 5 such candidates. In the event that the board does not appoint any of the candidates, the town administrator shall continue to present 1 or more candidates until 1 is appointed. The chief of police, the fire chief and the superintendent of the department of public works may be removed by vote of the board of selectmen, after consultation with the town administrator.

The town administrator shall appoint and remove all department heads under the jurisdiction of the board of selectmen except the chief of police, the fire chief and the superintendent of public works and except as may otherwise be provided by law. The town administrator shall consult with the appropriate elected or appointed board, commission, committee or official, as well as the board of selectmen, prior to appointing a department head or undertaking a department head’s removal. Prior to finalizing a department head appointment, the town administrator shall provide notice to the board of selectmen of the anticipated appointment and the terms and conditions of employment for the appointment. The board of selectmen shall approve or disapprove the appointment and the terms and conditions of employment within 14 days of the notice. A failure of the board of selectmen to act within this 14-day period shall be deemed approval of the appointment and the terms and conditions thereof. Any termination or removal of such department heads shall be subject to the same notice and approval requirements for appointments.

The town administrator or a designee shall appoint and remove all other town employees under the jurisdiction of the board of selectmen except civil service employees in the police department.

The town administrator shall be responsible for the supervision, management, evaluation and discipline of all other town employees under the jurisdiction of the board of selectmen. The town administrator annually shall be responsible for performance evaluations of all department heads and shall oversee the performance evaluation program conducted by department heads for employees within their respective departments. The town administrator shall act as hearing officer for appeals of civil service disciplinary suspensions of 5 days or less and act on behalf of the board of selectmen in the grievance process pursuant to collective bargaining agreements.

(b) The authority and responsibility to, in a timely manner, prepare, develop and assemble the town budget for all non-school departments and accounts and following the development of the budget, the town administrator shall submit the entire budget document to the board of selectmen for review. The town administrator shall forward the budget document, including any alterations approved and incorporated therein by the board of selectmen, to the advisory committee.

(c) The authority and responsibility to act as the chief procurement officer for the town. The town administrator shall exercise full authority for procurement pursuant to chapter 30B of the General Laws. The town administrator shall be responsible for the purchase of all supplies, materials, services and equipment, and shall have the authority to award and sign all contracts which do not exceed $50,000, in addition to all Massachusetts highway contracts and state and federal grants. Any contract that exceeds $50,000 shall require the approval of the board of selectmen. The town administrator shall have the authority to sign all contracts approved by the board of selectmen on behalf of the town. All contracts and grants signed by the town administrator shall be promptly reported, in writing, to the board of selectmen.

(d) The authority and responsibility to:

(1) attend all regular and special meetings of the board of selectmen, unless unavailable for reasonable cause, and have a voice, but no vote, in all of its proceedings and keep full and complete records of the same;

(2) fully inform the board of selectmen as to the needs of the town and make recommendations to the board with regard thereto;

(3) fully inform the board of selectmen as to departmental operations, fiscal matters, administrative actions and provide regular reports to the board on all such matters and provide special reports to the board at its request;

(4) coordinate collective bargaining negotiations under the jurisdiction of the board of selectmen, on behalf of and at the direction of the board of selectmen;

(5) administer and enforce collective bargaining agreements and other employment agreements under the jurisdiction of the board of selectmen, at the direction of and on behalf of the board of selectmen;

(6) manage all real and personal property of the town under the jurisdiction of the board of selectmen;

(7) oversee the purchase of all supplies, materials, services and equipment, and approve the award of all contracts for all town departments exclusive of the schools, subject to subsection (c);

(8) determine the compensation of all non-school employees within the limits of the town’s salary and classification plan, collective bargaining agreements and other employment agreements, and subject to the personnel by-law;

(9) coordinate the activities of all appointed and elected boards, committees and commissions and have the authority to require such bodies and individuals to meet with and provide information to the town administrator, at reasonable times for the purpose of coordination and financial planning. In addition, the town administrator shall be a resource to all elected and appointed boards and departments;

(10) reorganize, abolish, consolidate or establish any department or position under the town administrator’s authority as the town administrator deems appropriate from time to time, subject to the approval of the board of selectmen before implementation and funding by town meeting, if necessary;

(11) supervise, direct and be responsible for the efficient administration of all town departments under the jurisdiction of the board of selectmen and for all functions for which the town administrator is given responsibility, authority or control by the board of selectmen;

(12) delegate, authorize or direct any employee appointed under the jurisdiction of the board of selectmen to exercise any power, duty or responsibility which the office of the town administrator is authorized to exercise;

(13) administer and enforce either directly or through a person supervised by the town administrator, all laws of the commonwealth applicable to the town, by-laws, and all regulations and policies established by the board of selectmen;

(14) investigate or inquire into the affairs of any town department under the jurisdiction of the board of selectmen and have access to all books and records of the same;

(15) attend all sessions of town meeting, whether regular or special, unless unavailable for reasonable cause and answer all questions addressed to the town administrator, particularly those questions that are related to town finances, warrant articles and matters under the general supervision of the town administrator; and

(16) coordinate the prosecution, defense and compromise of all litigation to which the town is a party solely at the direction of and on behalf of the board of selectmen.

(e) The town administrator shall exercise such additional authority and perform such other duties as are lawfully assigned by the board of selectmen.

SECTION 3. In the event of a vacancy in the position of town administrator, the board of selectmen of the town of Hingham shall appoint an interim town administrator to serve until such time as a town administrator is appointed; provided, however, that the appointment shall be no longer than 8 months.

SECTION 4. This act shall take effect upon its passage.

Name:	District/Address:	Date Added:
Garrett J. Bradley	3rd Plymouth	5/10/2016