SENATE DOCKET, NO. 3259        FILED ON: 7/15/2022

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3009

The Commonwealth of Massachusetts

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PRESENTED BY:

Marc R. Pacheco

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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 Carver town administrator bylaw change.

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PETITION OF:

SENATE DOCKET, NO. 3259        FILED ON: 7/15/2022

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3009

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the Carver town administrator bylaw change.

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 town of Carver’s bylaws are hereby amended in bylaw 3.3. titled Job Description, 3.3.1. Appointment, by striking out in its entirety bylaw 3.3.1.1 and inserting in place thereof the following new bylaw 3.3.1.1:-

“3.3.1.1. The Select Board shall appoint a Town Administrator from a list prepared by a screening committee. The screening committee shall be appointed for the purpose of identifying qualified candidates for the position and shall consist of 9 members. The composition of the screening committee shall be 1 member chosen by the respective board: 1 member of the school committee, 1 member of the finance committee, 1 member of the planning board, 1 member of the business community, a Carver resident (business stakeholder), 3 members at-large (Carver residents) to be appointed by the select board and 2 public safety representatives who are not appointed by the town administrator who will be appointed by the select board.   Whenever the office of Town Administrator is vacant or about to become vacant, the Select Board shall convene said Search Committee and establish rules and regulations for its work, including but not limited to the number of members who will serve and when its work is to be complete,”  and further amended by striking out in its entirety bylaw 3.3.1.2. and inserting in place thereof the following new bylaw 3.3.1.2.:-

“3.3.1.2. The Select Board shall appoint the Town Administrator to serve for a term not to exceed five (5) years and shall fix compensation for such person, annually, within the amount appropriated by the town. At no time shall a contract be more than five (5) years; provided however that a contract of five years or less may be renewed for subsequent terms of five years or less by vote of the Select Board only in the last year of the contract,” and is further amended by inserting after bylaw 3.3.1.3. the new by-law 3.3.1.4.

“3.3.1.4. Whenever the office of Town Administrator is vacant or about to become vacant, the Select Board may appoint an Interim Town Administrator for an initial period not to exceed six (6) months. The Select Board may then appoint an Interim Town Administrator for successive periods as they deem necessary. The appointment of an Interim Town Administrator is not subject to the Screening Committee requirement set forth in Section 3.3.1.1. of this bylaw."

SECTION 2. The town of Carver’s bylaws are hereby amended in bylaw 3.3. titled Job Description, 3.3.3. Conditions, by striking out in its entirety bylaw 3.3.3.4. and inserting in place thereof the following new bylaw 3.3.3.4.:-

“3.3.3.4. The Town Administrator shall devote full time to the office and shall not hold any other elected or appointive office in the Town of Carver. The Town Administrator may engage in such part-time activities that are typically permitted to other appointed officials in the Town of Carver, if they do not conflict with or negatively affect performance of the duties outlined in these bylaws or the employment agreement between the Town and the Town Administrator. These include, but are not limited to, elected and appointed positions in other municipalities or organizations, activities related to professional development such as attending conferences, attending or delivering courses, and remunerative activities undertaken outside of full-time hours devoted to the position of Town Administrator, or activities that are required under an existing contractual agreement the existence of which was communicated to the Select Board prior to appointment to the position of Town Administrator."