SENATE DOCKET, NO. 2173        FILED ON: 7/31/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1987

The Commonwealth of Massachusetts

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PRESENTED BY:

Brian A. Joyce

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

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

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PETITION OF:

SENATE DOCKET, NO. 2173        FILED ON: 7/31/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1987

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 Milton.

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 provision of any general or special law to the contrary, the Board of Selectmen shall appoint a town administrator (the “Town Administrator”) to serve for a definite term of not more than three (3) years and shall fix the compensation for such person, annually, within the amount appropriated by Town Meeting. The Town Administrator shall be appointed solely on the basis of demonstrated executive and administrative qualifications.  The Town Administrator shall be a person qualified by education, training and previous experience to perform the duties set forth herein. The Town Administrator shall not have served as a member of the Milton Board of Selectmen for at least twelve (12) months prior to public posting of the position. Town Meeting may, from time to time, establish, by by-law, such additional qualifications as may be deemed necessary and appropriate. The Town Administrator shall devote full time to the office and shall not hold any other public office, elective or appointive, and shall not be actively engaged in any other business or occupation during such service, in each case, unless the Board of Selectmen approves such action in advance and in writing. The Board of Selectmen shall provide for an annual review of the job performance of the Town Administrator that shall be a public record.

SECTION 2. The Town Administrator shall be the chief administrative officer of the Town, directly responsible to the Board of Selectmen for the administration of all Town affairs for which she/he is given responsibility.

Notwithstanding any provision of any general or special law to the contrary, the powers and duties of the Town Administrator shall include, but not be limited to, the following: 

(a)to supervise, direct and be responsible for the efficient administration of the Town’s day-to-day operations for which the Town Administrator is given authority, responsibility or control, whether by this act, by-law, vote of Town Meeting, vote of the Board of Selectmen or otherwise;

(b)subject to the civil service laws and any collective bargaining agreements as may be applicable, to appoint, supervise and direct all department heads (except for the Consolidated Facilities Director) and Town employees, in each case who are under the jurisdiction of the Board of Selectmen.  With respect to department heads only (except for the Consolidated Facilities Director), such appointment shall become effective on the fifteenth (15th) day following the day on which notice of the appointment is filed with the Board of Selectmen unless, within said fifteen (15) day period, the Board of Selectmen, by majority vote, has voted to reject such appointment or has sooner voted to affirm such appointment. Notwithstanding the “at will” nature of employment, the Town Administrator shall have authority to enter into employment contracts for periods not to exceed the maximum period of time allowed under State law with the Fire Chief, the Police Chief, the Deputy Police Chief and the Town Accountant that provide for other terms and conditions of employment, including removal. The Town Administrator shall provide for an annual review of such department heads and employees with respect to day-to-day and annual performance;

(c)to suspend or remove any person appointed by the Town Administrator; provided, however, with respect to any such removal that if such person is a department head, the Town Administrator shall first inform the Board of Selectmen with respect to such removal provided, however, that further conditions applicable to removal or suspension may be addressed by the terms of any contract between the Town Administrator and such department head;

(d)to be entrusted with the administration of the town personnel system, in conjunction with the Personnel Board, including, but not limited to, personnel policies and practices, rules and regulations, including provisions for an annual employee performance review, personnel by-laws and collective bargaining agreements entered into by the town.  The Town Administrator shall also prepare and keep current a plan establishing the personnel staffing requirements for each town department or entity, except the School Department;

(e)to fix the compensation of all appointed officers and employees within the limits established by appropriations of the Town Meeting;

(f)to attend all regular and special meetings of the Board of Selectmen unless she/he is unavailable for reasonable cause.  The Town Administrator shall have a voice, but not a vote, at meetings of the Board of Selectmen;

(g)to keep the Board of Selectmen fully advised concerning the status of all matters that have been referred to the Town Administrator by the Board of Selectmen;

(h)to assure that full and complete records of the financial and administrative activities of the town are kept and to render, as often as may be required by the Board of Selectmen, a full report of all town financial and administrative operations during the period reported on, which report shall be made available to the public;

(i)to keep the Board of Selectmen fully advised as to the needs of the town and to recommend to the Board of Selectmen and other elected town officers and agencies for adoption such measures requiring action by them or by Town Meeting as the Town Administrator may deem necessary or desirable;

(j)to have full jurisdiction over the rental and use of all town facilities and real property except real property that is under the control of the School Committee, the Board of Library Trustees, the Board of Park Commissioners, the Board of Cemetery Trustees, the Milton Housing Authority or the Conservation Commission; provided, however, that the Town Administrator, together with the School Superintendent, shall supervise and oversee the Director of Consolidated Facilities, who shall be responsible for the maintenance and repair of all town buildings and facilities;

(k)to coordinate intra-governmental and inter-governmental affairs;

(l)to act as the administrative spokesperson for the Town;

(m)to formulate long-range and annual financial plans, including detailed projections of revenues and expenditures, and to prepare and present to the Board of Selectmen and the Warrant Committee an annual operating budget for the town and to prepare and present to the Capital Improvement Planning Committee and the Board of Selectmen a proposed capital budget for the town for the five (5) fiscal years next ensuing;

(n)to make recommendations to the Board of Selectmen with respect to departmental and non-departmental expenditures, the Capital Improvement Plan submitted by the Capital Improvement Planning Committee, the financial impact of Town Meeting warrant articles, and strategies and proposals for collective bargaining;

(o)to negotiate all contracts relating to the responsibilities of the Town Administrator outlined herein, including contracts with town employees (except employees of the School Department) involving wages, hours and other terms and conditions of employment; provided, however, that all collective bargaining contracts shall be subject to ratification and execution by the Board of Selectmen;

(p)to appoint the chief procurement officer for the Town of Milton for purposes of M.G.L. c. 30B;

(q)to approve payment and expense warrants pursuant to M.G.L. c. 41, § 56;

(r)to submit to the Board of Selectmen and to Town Meeting, if necessary, plans to reorganize, consolidate or abolish departments, commissions, boards or offices under her/his direction and supervision, or to establish new departments, commissions, boards and offices, or both, subject to enactment of home rule legislation if otherwise legally required;

(s)to see that all of the provisions of the General Laws, the By-laws, votes of the Town Meeting and votes of the Board of Selectmen that require enforcement by the Town Administrator or officers subject to her/his direction and supervision are faithfully executed, performed or otherwise carried out;

(t)to act upon all applications for temporary (duration of not more than forty-five (45) days) signs;

(u)to act upon all applications for utility grants of location and to conduct public hearings in connection therewith, in accordance with the statutory procedure established for a Board of Selectmen;

(v)to act upon all applications to use the Town’s streets and ways for charitable or other walks or runs, any approval thereof being contingent upon approval by the Police Chief; and

(w)to perform such other duties and responsibilities as may be delegated to the Town Administrator by the Board of Selectmen.

The Town Administrator may delegate duties to any subordinate officer or employee to aid the Town Administrator in the performance of his or her duties and responsibilities.

SECTION 3. The Town Administrator shall be subject to the authority and direction of the Board of Selectmen.  She/he shall render reports to the Board of Selectmen on a regular basis, including in such reports a summary of current activities, a list of both current and long range issues and objectives and programs in response thereto, and suggestions concerning the goals and objectives of the Town and the community. 

SECTION 4. The Board of Selectmen may, by the affirmative vote of a majority of its members, terminate, remove or suspend the Town Administrator from office; provided, however, that further conditions applicable to termination, removal or suspension may be addressed by the terms of any contract between the Board of Selectmen and the Town Administrator.

SECTION 5. In the event of a vacancy in the position of Town Administrator, the Board of Selectmen shall appoint a qualified interim Town Administrator to serve until such time as the next Town Administrator is appointed but not for a period longer than twelve (12) months.  The Board of Selectmen may, in its discretion, waive any one or more of the requirements or provisions set forth in Section 1 hereof with respect to the appointment of any interim Town Administrator. 

In the event that the Town Administrator is unable to perform the duties of the Town Administrator for a period of fourteen(14) consecutive days or more, the Board of Selectmen may appoint in writing a qualified town officer or employee to serve as Acting Town Administrator. The Acting Town Administrator shall exercise the powers and perform the duties of the Town Administrator until such time as the Board of Selectmen revokes in writing such appointment as Acting Town Administrator.

SECTION 6. This act shall take effect upon its passage.