HOUSE DOCKET, NO. 4401        FILED ON: 11/30/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4071

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas A. Golden, Jr.

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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 Amending The Charter Of The Town Of Chelmsford Relative To Town Manager, Administrative Powers And Duties.

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PETITION OF:

HOUSE DOCKET, NO. 4401        FILED ON: 11/30/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4071

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act Amending The Charter Of The Town Of Chelmsford Relative To Town Manager, Administrative Powers And Duties.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

The charter of the Town of Chelmsford, which is on file in the office of the archivist of the commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out Section 4-3 and inserting in place thereof the following section:

Section 4-3.  Supervisory, Administrative Powers and Duties

The town manager shall be the chief administrative officer of the town and shall be responsible to the board of selectmen for the proper operation of town affairs for which the town manager is given responsibility under this charter.  The powers, duties and responsibilities of the town manager shall include, but are not intended to be limited to, the following:

Supervisory

(a)  to supervise, direct and be responsible for the efficient administration of all officers appointed by the town manager and their respective departments and of all functions for which the town manager is given responsibility, authority or control by this charter, by bylaw, by town meeting vote, or by vote of the board of selectmen.

(b)  to coordinate all activities of town departments under the direction of the town manager and board of selectmen with the activities of departments under the control of officers, boards or commissions elected directly by the voters of the town.

(c)  to delegate, authorize or direct any subordinate or employee of the town to exercise any power, duty or responsibility which the office of town manager is authorized to exercise, provided, that all acts that are performed under such delegation shall be deemed to be the acts of the town manager.

Administrative Powers

(d)  to administer either directly or through a person or persons supervised by the town manager, in accordance

with this charter, all provisions of general or special laws applicable to the town, all bylaws, and all policies

established by the board of selectmen.

(e)  to administer, in cooperation with the personnel board, if any, personnel policies, practices, or rules and    regulations, any compensation plan and any related matters for all municipal employees and administer all collective bargaining agreements, except for school department agreements, entered into by the town.

(f)  to be responsible for the negotiation of all contracts with town employees over wages, and other terms and conditions of employment, except employees of the school department.  The town manager may, subject to the approval of the board of selectmen, employ special counsel to assist in the performance of these duties.  Contracts shall be subject to the approval of the board of selectmen.

(g)  to develop and maintain a full and complete inventory of all town owned real and personal property.

(h)  to fix the compensation of all town employees and officers appointed by the town manager within the limits established by appropriation and any applicable compensation plan.

(i)  to prepare and submit an annual operating budget and capital improvement program as provided in Part VI.

(j)  to investigate or inquire into the affairs of any town departments or office under the supervision of the town manager or the job-related conduct of any officer or employee thereof.

Administrative Duties

(k)  to attend all regular and special meetings of the board of selectmen, unless excused by the board of selectmen.

(l)   to attend all sessions of the town meeting and answer all questions addressed to the town manager which are related to the warrant articles and matters under the general supervision of the town manager.

(m) to keep the board of selectmen fully informed as to the needs of the town, and recommend to the selectmen for adoption such measures requiring action by them or by the town as the town manager deems necessary or expedient.

(n)  to keep the board of selectmen and the finance committee fully informed as to the financial condition of the town and make recommendations to the board of selectmen and other elected and appointed officials as the town manager deems necessary or expedient.

(o)  to insure that complete and full records of the financial and administrative activity of the town are maintained and render reports to the board of selectmen as may be required.

(p)  to be responsible for the maintenance and repair of all town facilities, and, except for the custodial services in the school facilities.  The Town Manager shall be responsible for the rental of all town facilities.

[Amended 10-16-2006 ATM by Art. 36, ratified 4-3-2007]

(q)  to be responsible for the purchase of all supplies, materials and equipment, except books and other educational materials for schools and books and other media materials for libraries, and approve the award of all contracts for all town departments with the exception of the school department, subject to the approval of the board of selectmen.

(r)  to perform such other duties as necessary or as may be assigned by this charter, by bylaw, by town meeting vote, or by vote of the board of selectmen.”