Bill H.4080

HOUSE DOCKET, NO. 4411 FILED ON: 12/1/2017

HOUSE . . . . . . . . . . . . . . . No. 4080

By Ms. Benson of Lunenburg, a petition (accompanied by bill, House, No. 4080) of Jennifer E. Benson and James B. Eldridge (by vote of the town) that the town of Ayer be authorized to establish an appointed town manager in said town. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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

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An Act Establishing the Position of Town Manager in the Town of Ayer.

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. TOWN MANAGER

There shall be established in the town of Ayer the office of town manager, who shall be appointed by the board of selectmen for a term not to exceed 3 years. The town manager shall be a person of demonstrated ability with administrative experience in public management or business administration and who is qualified by reason of education and experience. The town manager shall devote full time to the duties of said office and shall not engage in any other business or occupation during the term of the town manager’s employment unless approved by the board of selectmen in advance. The town manager shall hold no elective office in the town during the town manager’s tenure as town manager, but the board of selectmen may appoint the town manager to any non-elective office or position consistent with the responsibilities of the town manager, and such office or position shall be deemed to be part of the position of town manager. The board of selectmen shall annually set the compensation of the town manager in an amount not to exceed that appropriated by town meeting for such purposes. Additional terms and conditions of employment may be established by contract between the Ayer board of selectmen and the town manager in accordance with section 108N of chapter 41 of the General Laws.

SECTION 2. POWERS AND DUTIES

The town manager shall be the chief administrative officer of the town, responsible to the board of selectmen for the effective management of all town affairs placed in the town manager’s charge by this act, bylaw, the board of selectmen, or town meeting. The town manager shall be responsible for the implementation of town policies established by the board of selectmen. The powers and duties of the town manager shall include, but not be limited to, the following:

(A)Appoint and remove members of multiple-member bodies as well as all department heads, officers, subordinates and employees, except employees of the school committee and firefighters. The town manager shall, prior to appointing a department head subject to the policy direction of a multiple-member body, consult with such multiple-member body. Appointment or removal of a department head or member of a multiple member body shall take effect 15 days following notice to the board of selectmen of such action, unless the board of selectmen shall sooner vote to approve or reject such appointment or removal. All appointments and removals made by a temporary or acting town manager under section 3 of this act shall be approved by the board of selectmen;

(B)Manage, supervise and be responsible for the efficient and coordinated administration of all town functions under the town manager’s control by this act, bylaw, town meeting or the board of selectmen, including all appointed officers and their respective departments, and coordinate the activities of all town agencies, including those under the control of other officers and multiple-member bodies elected by the voters, and to authorize the town manager to reasonably require persons so-elected or appointed, or their representatives, to meet with the town manager for such purposes, or, at the town manager’s request, to provide such information as may be necessary and appropriate to have available for purposes of such coordination;

(C)Be responsible for the town personnel system, including but not limited to, administering personnel policies and practices, rules and regulations, personnel by-laws and collective bargaining agreements;

(D)Fix the compensation of all appointed officers and employees within the limits established by town meeting;

(E)Attend all regular and special meetings of the board of selectmen unless excused in advance by the chair of the board of selectmen, and the town manager shall have a voice, but no vote, in all of the proceedings of the board of selectmen;

(F)Keep the board of selectmen fully advised concerning the status of all matters referred by the board of selectmen to the town manager and as to the needs of the town; and recommend to the board of selectmen and other elected and appointed town officers and agencies such measures requiring action by them or town meeting as the town manager may deem necessary or desirable;

(G)Attend all town meetings and, as authorized by the moderator, answer questions that relate to matters over which the town manager exercises supervision;

(H)Have full jurisdiction over the rental and use of all town facilities and property except property under the control of the school committee, conservation commission, and board of library trustees; provided, however, that the town manager shall be responsible for the maintenance and repair of all town buildings and facilities placed under the town manager’s control by this act, by by-law, by vote of town meeting, or otherwise;

(I) Establish and maintain a full and complete inventory of all real and personal property of the town;

(J)Serve as the chief procurement officer for purposes of chapter 30B of the General Laws and be responsible for purchasing all services, supplies, material and equipment for all departments and activities of the town, including execution of contracts therefor; provided, however, that the town manager shall examine, or cause to be examined, the quantity, quality and condition of all supplies, material and equipment delivered to or received by any town agency; and provided further, that the town manager shall be responsible for the disposal of all supplies, material and equipment that have been declared surplus by any town agency. All contracts for purchase of services, supplies, material and equipment negotiated by a temporary or acting town manager under section 3 of this act shall be approved by the board of selectmen;

(K)Negotiate collective bargaining agreements and all other contracts involving any subject within the jurisdiction of the office of the town manager, including contracts with town employees other than employees of the school department involving wages, hours and other terms and conditions of employment; provided, however, that all such contracts shall be subject to ratification and execution by the board of selectmen;

(L)Assure that full and complete records of the financial and administrative activities of the town are kept and render, as often as may be required by the board of selectmen, a full report of all town administrative operations during the period reported on;

(M)Sign warrants for payment prepared and signed by the town accountant in accordance with section 56 of chapter 41 of the General Laws; provided, however, that 1 selectman designated by vote of the board of selectmen shall approve all warrants for payment in the absence of the town manager or in the event an acting or interim town manager has been appointed in accordance with section 3 of this act;

(N)Inquire or make investigation, at any time, into the conduct of office or performance of duties of any officer or employee, department, board, commission or other town agency;

(O)Ensure that all provisions of the general laws and any special laws applicable to the town, town by-laws and other votes of town meeting and the board of selectmen that require enforcement by the town manager or officers subject to the direction and supervision of the town manager, are faithfully executed, performed or otherwise carried out;

(P)Act as the liaison with and represent the board of selectmen before state, federal and regional authorities;

(Q)Delegate to any subordinate officer or employee authority to exercise any power or perform any function or duty which is assigned to the office of the town manager, other than the signing of warrants for payment; provided, however, that all acts performed under any such delegation shall be deemed to be the acts of the town manager; and

(R)Perform any other duties as are required to be performed by the town manager by town by-laws, town meeting, the board of selectmen or otherwise.

SECTION 3. TEMPORARY ABSENCE OR VACANCY

(A)Temporary absence—By letter filed with the town clerk and board of selectmen, the town manager shall designate a qualified town administrative officer or employee to exercise the powers and perform the duties of town manager during a temporary absence or disability not in excess of ten business days, which person shall, when acting in that capacity, be known as the acting town manager. Following the expiration of such period, the board of selectmen may revoke such designation and appoint another qualified town administrative officer or employee to serve as the temporary town manager until the town manager returns. The powers of an acting town manager shall be limited to matters not permitting of delay and shall include authority to make temporary, emergency appointments or designations to town office or employment but not to make permanent appointments or designations.

(B)Vacancy –Any vacancy in the office of town manager shall be filled as soon as possible by the board of selectmen; provided, however, that pending such permanent appointment, the board of selectmen shall appoint a qualified town administrative officer or employee to perform the duties of the office on an acting basis, which person shall be known as the interim town manager. Such appointment shall not exceed 6 months, but 1 renewal may be voted by the board of selectmen not to exceed a second 6 months. Compensation for such person shall be set by the board of selectmen within the appropriation made by town meeting for the office of town manager.

SECTION 4. REMOVAL AND SUSPENSION

The board of selectmen by majority vote of the entire board may terminate, remove or suspend the town manager from office; provided, however, that further conditions applicable to termination, removal and suspension may be addressed by the terms of any contract between the board of selectmen and the town manager.

SECTION 5. TRANSITIONAL PROVISIONS

The office of town administrator shall be abolished upon the effective date of this act, and the office of the town manager shall in all respects be its lawful successor. The appointed town administrator holding office as of the effective date of this act shall become the first Ayer town manager and shall serve for a period of time equivalent to the remainder of his appointed term as town administrator or sooner vacating of office. A town manager shall thereafter be appointed by the board of selectmen in accordance with section 1 of this act, and previous service as the town administrator shall not disqualify such person from being appointed as the town manager under this act.

Name:	District/Address:	Date Added:
Jennifer E. Benson	37th Middlesex	12/1/2017
James B. Eldridge	Middlesex and Worcester	12/4/2017