Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 3-1 of Article 3 of the charter of the town of Dedham, which is on file in the office of the archivist of the commonwealth as provided in section twelve of chapter forty-three B of the General Laws is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) Coordination - Notwithstanding their election by the voters, the town officers named in this section shall be subject to the call of the board of selectmen or of the town administrator, at all reasonable times, for consultation, conference and discussion on any matter relating to their respective offices.
SECTION 2. Said Article 3 of said charter is hereby further amended by striking out section 3-2 and inserting in place thereof the following section:-
Section 3-2. BOARD OF SELECTMEN.
(a) Composition, Term of Office - There shall be a board of selectmen consisting of five members elected for terms of three years each, so arranged that the term of office of as nearly an equal number of members as is possible shall expire each year.
(b) Powers and Duties in General - The executive powers of the town shall be vested in the board of selectmen which shall be deemed to be the chief executive office of the town. The board of selectmen shall have all of the executive powers it is possible for a board of selectmen to have and to exercise. The board of selectmen shall serve as the chief policy making agency of the town. The board of selectmen shall be responsible for the formulation and promulgation of policy directives and guidelines to be followed by all town agencies serving under it and, in conjunction with other elected town officers and multiple member bodies to develop and promulgate policy guidelines designed to bring the operation of all town agencies into harmony. Provided however, nothing in this section shall be construed to authorize any member of the board of selectmen, nor a majority of such members, to become involved in the day-to-day administration of any town agency. It is the intention of this provision that the board of selectmen shall act only through the adoption of broad policy guidelines which are to be implemented by officers and employees serving under it.
(c) Licensing Authority - The board of selectmen shall be a licensing board for the town and shall have the power to issue licenses as otherwise authorized by law, to make all necessary rules and regulations regarding the issuance of such licenses, to attach conditions and to impose restrictions on any such license as it may issue as it deems to be in the public interest, and to enforce all laws relating to all businesses for which it issues any license.
(d) Appointments - The board of selectmen shall appoint: a town administrator; constables, registrars of voters and other election officers, but not the town clerk; the members of the board of appeals, conservation commission, historic district commission, industrial development finance authority, if any, and other members of multiple member bodies the functions of which do not involve direct operating responsibilities but are primarily policy making or advisory in nature and other individuals who are to serve as representatives of the town to the governing or advisory bodies of area, regional or district authorities.
(e) Investigations - The board of selectmen may investigate the affairs of the town and the conduct of any town agency including any doubtful claims against the town. Copies of the full text of the report of the results of any such investigation shall be placed on file in the office of the board of selectmen, the office of the town clerk and in the town library and a report summarizing the results of such investigation shall be printed in the next annual town report.
SECTION 3. Said charter is hereby further amended by striking out Article 4 and inserting in place thereof the following article:- `tuc ARTICLE 4 TOWN ADMINISTRATOR
Section 4-1. APPOINTMENT; QUALIFICATION; TERM.
The board of selectmen shall appoint the town administrator to serve for a definite term of not more than five years and shall fix the compensation for such person, annually, within the amount appropriated by the town. 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 of the office. A town administrator need not be a resident of the town of Dedham or of the commonwealth at the time of appointment, but, unless the board of selectmen shall, by a majority of its members extend such time or waive such requirement, said administrator shall establish a residence within the town of Dedham within twelve months following his appointment. The town administrator shall not have served in any elected office in the town government for at least twelve months prior to appointment. The town may from time to time establish, by by-law, such additional qualifications as seem necessary and appropriate. The town administrator shall devote full time to the office and shall not hold any other public office, elective or appointive, nor be actively engaged in any other business or occupation during such service, unless such action is approved in advance and in writing by the board of selectmen. The board of selectmen shall provide for an annual review of the job performance of the town administrator which shall, at least in summary form, be a public record.
Section 4-2. POWERS AND DUTIES.
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 the office of town administrator is given responsibility by or under this charter. The powers and duties of the town administrator shall include, but are not intended to be limited to, the following:
(a) To supervise, direct and be responsible for the efficient administration of all functions and activities for which the office of town administrator is given authority, responsibility or control by this charter, by by-law, by town meeting vote, by vote of the board of selectmen, or otherwise.
(b) To appoint, and in appropriate circumstances to remove, subject to the provisions of the civil service law and of any collective bargaining agreements as may be applicable, all department heads, members of boards and commissions and officers, who report directly to the town administrator. Such appointments shall become effective on the fifteenth day following the day on which notice of the appointment is filed with the board of selectmen, unless, within that period, the board of selectmen by a vote of at least three of its members shall vote to reject such appointment, or, has sooner voted to affirm it. Copies of the notices of all such appointments shall be posted on the town bulletin board when submitted to the board of selectmen.
(c) To be entrusted with the administration of a town personnel system, including, but not limited to personnel policies and practices, rules and regulations, including provisions for an annual employee performance review, personnel by-law 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 agency, except the school department.
(d) To fix the compensation of all appointed officers and employees within the limits established by appropriations.
(e) To attend all regular and special meetings of the board of selectmen, unless unavailable for reasonable cause, and shall have a voice, but no vote, in all of its proceedings. To keep the board of selectmen fully advised concerning the status of all matters which have been referred to the office of the town administrator by the board of selectmen by providing to its members for review at each regular meeting of the board of selectmen a full and complete summary of all activity conducted by the office of the town administrator since the last meeting of the board of selectmen.
(f) 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, but not less frequently than quarterly, a full report of all town administrative operations during the period reported on, which report shall be made available to the public.
(g) To keep the board of selectmen fully advised as to the needs of the town and shall recommend to the board of selectmen and to other elected town officers and agencies for adoption such measures requiring action by them or by the town meeting as the town administrator may deem necessary or expedient.
(h) To have full jurisdiction over the rental and use of all town facilities and property except property under the control of the school committee, or the conservation commission. The town administrator shall be responsible for the maintenance and repair of all town buildings and facilities placed under the town administrator's control by this charter, by by-law, by vote of the town or otherwise.
(i) To prepare and present, in the manner provided in Article 5A, an annual operating budget for the town and a proposed capital outlay program for the five fiscal years next ensuing.
(j) To assure that a full and complete inventory of all property of the town, both real and personal, is kept, including all property under the jurisdiction of the school committee.
(k) To negotiate all contracts involving any subject within the jurisdiction of the office of town administrator, including contracts with town employees, except employees of the school department, involving wages, hours and other terms and conditions of employment. All contracts shall be subject to ratification and execution by the board of selectmen.
(l) To be responsible for purchasing all supplies, material and equipment for all departments and activities of the town. The town administrator 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. The town administrator shall be responsible for the disposal of all supplies, material and equipment which have been declared surplus by any town agency.
(m) To see that all of the provisions of the general laws, of this charter, town by-laws and other votes of the town meeting, and votes of the board of selectmen which require enforcement by the town administrator or officers subject to the direction and supervision of the town administrator are faithfully executed, performed or otherwise carried out.
(n) To inquire, 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) To attend all sessions of all town meetings and answer all questions raised by voters which relate to warrant articles and to matters over which the town administrator exercises any supervision.
(p) To reorganize, consolidate or abolish, in the manner provided in Article 5, town agencies serving under the supervision of the town administrator, in whole or in part, provide for new town agencies and provide for a reassignment of powers, duties and responsibilities among such agencies so established or existing.
(q) To coordinate the activities of all town agencies serving under the office of town administrator and the office of board of selectmen with those under the control of other officers and multiple member bodies elected directly by the voters. For the purpose of effecting coordination and cooperation among all agencies of the town, the town administrator shall have authority to require the persons so elected, or their representatives, to meet with the town administrator, at reasonable times, to submit such reports of their doings and summaries of actions taken as may be deemed to be necessary or desirable to have available for the purpose of such coordination.
(r) To perform any other duties as are required to be performed by the town administrator by by-laws, administrative code, votes of the town meeting, or votes of the board of selectmen, or otherwise.
Section 4-3. DELEGATION OF AUTHORITY.
The town administrator may authorize any subordinate officer or employee to exercise any power or perform any function or duty which is assigned to the office of town administrator, provided, however, that all acts performed under any such delegation shall at all times be deemed to be the acts of the town administrator.
Section 4-4. ACTING TOWN ADMINISTRATOR.
(a) Temporary Absence - By letter filed with the town clerk, the town administrator shall designate a qualified town administrative officer or employee to exercise the powers and perform the duties of town administrator during a temporary absence. During a temporary absence the board of selectmen may not revoke such designation until at least ten working days have elapsed, whereupon it may appoint another qualified town administrative officer or employee to serve until the town administrator shall return.
(b) Vacancy - Any vacancy in the office of town administrator shall be filled as soon as possible by the board of selectmen in the manner provided in section 4-1, however, pending such regular 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. Such temporary appointment may not exceed three months but one renewal may be voted by the board of selectmen not to exceed a second three months. Compensation for such person shall be set by the board of selectmen but shall not exceed the compensation paid to the most recent incumbent of the office of town administrator.
(c) Powers and Duties - The powers of a temporary or acting town administrator, under (a) and (b) above, shall be limited to matters not admitting 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.
Section 4-5. REMOVAL AND SUSPENSION.
The board of selectmen by the affirmative votes of three or more members may terminate and remove, or suspend, the town administrator from office in accordance with the following procedure.
(a) The board of selectmen shall adopt a preliminary resolution of removal by the affirmative vote of at least three of its members which must state the reason or reasons for removal. This preliminary resolution may suspend the town administrator for a period not to exceed forty-five days. A copy of the resolution shall be delivered to the town administrator forthwith.
(b) Within five days after receipt of the preliminary resolution, the town administrator may request a public hearing by filing a written request for such hearing with the board of selectmen. This hearing shall be held at a meeting of the board of selectmen not later than thirty days after the request is filed nor earlier than twenty days. The town administrator may file a written statement responding to the reasons stated in the resolution of removal with the board of selectmen provided that said statement is received at the board of selectmen office more than forty-eight hours in advance of the public hearing.
(c) The board of selectmen may adopt a final resolution of removal, which may be made effective immediately, by the affirmative votes of three of its members not less than ten nor more than twenty-one days following the date of delivery of a copy of the preliminary resolution to the town administrator, if the town administrator has not requested a public hearing; or, within ten days following the close of the public hearing if the town administrator has requested one. Failure to adopt a final resolution of removal within the time periods as provided in this section shall nullify the preliminary resolution of removal and the town administrator shall, at the expiration of said time, forthwith resume the duties of the office. The town administrator shall continue to receive a salary until the effective date of a final resolution of removal. The action of the board of selectmen in suspending or removing the town administrator shall be final, it being the intention of this provision to vest all authority and fix all responsibility for such suspension or removal solely in the board of selectmen.
SECTION 4. Article 5 of said charter is hereby amended by striking out section 5-1 and inserting in place thereof the following section:-
Section 5-1. COMPTROLLER.
(a) Appointment, Term of Office - There shall be a town comptroller appointed by the town administrator, with the consent of the board of selectmen, for an initial term of three years. Whenever a comptroller who has served an initial term of three years is reappointed to the office such appointment shall be deemed to be for an indefinite term, not subject to further reappointment. In making an appointment to the office the town administrator shall establish specific goals and objectives to be met by the appointee during the period of the appointment, or at designated periods during the period of appointment. Failure to meet the stated goals and objectives shall constitute grounds for dismissal. A town comptroller may be removed from office in accordance with the procedures established in section 6-15.
(b) Salary - In establishing an annual salary for the town comptroller the town administrator shall take into account both the quality of the applicant or incumbent and the economic forces of the human resource market.
(c) Powers and Duties - In addition to all of the powers and duties conferred and imposed by law upon town accountants the town comptroller shall have the following powers and duties:
(1) the comptroller shall be responsible for coordinating and directing all aspects of the town's financial practices and procedures consistent with Massachusetts General Laws and shall have oversight of all accounting, treasury, collection, assessment, risk management and automated data processing functions of the town.
(2) the comptroller shall be responsible to assure that all financial transactions of the town are in accordance with all requirements of federal, state county and local law and all rules and regulations relating thereto.
(3) the comptroller shall be responsible to assure that all financial resources of the town are adequately safeguarded and utilized.
(4) the comptroller shall be responsible for both short term and long term financial planning for the town.
(5) the comptroller shall be an ex officio member of every multiple member body of the town which is in any way concerned or involved with financial planning, policies or practices, specifically including the finance committee or any other committee established to advise the town meeting with respect to appropriations to be made. The comptroller may designate another to attend any meeting of any such multiple member body to represent the views of the town comptroller.
(d) Acting Comptroller - In the event of a vacancy in the office, or the temporary absence of the comptroller due to illness or other cause, the town administrator may appoint an acting comptroller to serve for not more than ten days. If a vacancy will exist for more than ten days, the consent of the board of selectmen shall be required for any such temporary appointment.
(e) Bond - The comptroller shall give bond to the town with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of the duties of said office. The premium for such bond shall be paid by the town.
SECTION 5. Article 5 of said charter is hereby further amended by striking out section 5-2 and inserting in place thereof the following three sections:-
Section 5-3. ORGANIZATION OF TOWN AGENCIES.
The organization of the town into operating agencies for the provision of services and the administration of the government may be accomplished through either of the methods provided in this article.
(a) By-Laws - Subject only to express prohibitions in a general law or the provisions of this charter, the town meeting may, by by-law, reorganize, consolidate, create, merge, divide or abolish any town agency, in whole or in part, establish such new town agencies as it deems necessary or advisable, determine the manner of selection, the term of office and prescribe the functions of all such entities; provided, however, that no function assigned by this charter to a particular town agency may be discontinued, or assigned to any other town agency, unless this charter specifically so provides.
(b) Administrative Code - The town administrator, after consultation with the board of selectmen, may from time to time prepare and submit to the annual town meeting, plans of organization or reorganization which establish operating divisions for the orderly, efficient or convenient conduct of the business of the town.
Whenever the town administrator prepares such a plan the board of selectmen shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the hearing will be held, not later than fourteen days following said publication. Following such public hearing, the proposal, which may have been amended subsequent to the public hearing, shall be submitted to the town meeting by an appropriate warrant article. An organization or reorganization plan shall become effective at the start of the next fiscal year following the date of adjournment of the town meeting at which the proposal is submitted unless the town meeting shall, by a majority vote, vote to disapprove the plan. The town meeting may vote only to approve or to disapprove the plan and may not vote to amend or to alter it.
The town administrator may, through the administrative code, and subject only to express prohibitions in a General Law or this charter, reorganize, consolidate or abolish any town agency, in whole or in part, establish such new town agencies as is deemed necessary to the same extent as is provided in section 5-3 (a), above, for by-laws, and for such purpose transfer the duties and powers and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriation of one town agency to another; provided, however, that no function assigned by this charter to a particular town agency may be discontinued or assigned to any other town agency unless this charter specifically so provides.
Section 5-4. PUBLICATION OF ADMINISTRATIVE CODE AND STAFFING PLAN.
For the convenience of the public, the administrative code and any amendments thereto shall be printed as an appendix to the by-laws of the town of Dedham. The personnel staffing plan, prepared in conformity with section 4-2 (c), shall be published annually in the town report.
Section 5-5. MERIT PRINCIPLE.
All appointments and promotions of town officers and employees shall be made on the basis of merit and fitness, demonstrated by examination or by other evidence of competence and suitability.
SECTION 6. Said charter is hereby further amended by inserting after Article 5 the following article:- `tuc ARTICLE 5A FINANCE AND FISCAL PROCEDURES
Section 5A-1. FISCAL YEAR.
The fiscal year of the town shall begin on the first day of July and shall end on the last day of June, unless another period is required by General Law.
Section 5A-2. SCHOOL COMMITTEE BUDGET.
(a) Public Hearing - At least seven days before the meeting at which the school committee is to vote on its final budget request, the school committee shall cause to be published in a local newspaper a general summary of its proposed budget. The summary shall specifically indicate any major variations from the current budget and the reasons for such changes. It shall further indicate the times and places at which complete copies of its proposed budget are available for examination by the public, and the date, time and place when a public hearing will be held by the school committee on the proposed budget. The school committee shall take its final vote on its proposed budget not sooner than at its next regularly scheduled meeting following the public hearing.
(b) Submission to Town Administrator - The budget, as adopted by the school committee, shall be submitted to the town administrator, within the time fixed by by-law, before the date the town administrator is required to submit a proposed town budget to the finance committee to enable the town administrator to consider the effect of the school department's requested appropriation upon the total town operating budget, which is required to be submitted under this article.
Section 5A-3. SUBMISSION OF BUDGET AND BUDGET MESSAGE.
Within the time fixed by by-law, before the annual town meeting is to convene, the town administrator, after consultation with the board of selectmen, shall submit to the finance committee a proposed, balanced, operating budget for the ensuing fiscal year with an accompanying budget message and supporting documents. The town administrator shall simultaneously provide for the publication in a local newspaper of a general summary of the proposed budget. The summary shall specifically indicate any major variations from the current operating budget and the reason for such changes. The notice shall further indicate the times and places at which complete copies of the proposed operating budget are available for examination by the public.
Section 5A-4. BUDGET MESSAGE.
The budget message of the town administrator shall explain the budget for all town agencies, both in fiscal terms and in terms of work programs. It shall outline proposed financial policies of the town for the ensuing fiscal year, describe important features of the budget, indicate any major variations from the current year in financial policies, expenditures and revenues, together with the reasons for such changes, summarize the town's debt position and include other material as the town administrator deems desirable or the board of selectmen may reasonably require.
Section 5A-5. THE BUDGET.
The proposed operating budget shall provide a complete financial plan for all town funds and activities for the ensuing fiscal year. Except as may otherwise be required by General Law, by this charter, or by by-law, it shall be in the form which the town administrator deems desirable or the board of selectmen may require. In the presentation of the budget, the town administrator shall utilize modern concepts of fiscal presentation so as to furnish maximum information and the best financial control. The budget shall show, in detail, all estimated income from the proposed property tax levy and other sources and all proposed expenditures, including debt service, for the following year. The budget shall be arranged to show the actual and estimated income and expenditures for the previous, current and ensuing fiscal years and shall indicate in separate sections:
(a) proposed expenditures for current operations during the ensuing fiscal year, detailed by town agency and position in terms of work programs, and the method of financing such expenditures;
(b) proposed capital expenditures during the ensuing fiscal year, detailed by town agency, and the proposed method of financing each such capital expenditure; and
(c) estimated surplus revenue and free cash at the end of the current fiscal year, including estimated balances in any special accounts established for specific purposes.
Section 5A-6. ACTION ON THE BUDGET.
(a) Public Hearing - Forthwith upon its receipt of the proposed operating budget the finance committee shall provide for the publication in a local newspaper of a notice stating the time and place, not less than seven nor more than fourteen days following such publication, at which it will hold a public hearing on the proposed operating budget as submitted.
(b) Review - The finance committee shall consider, in open public meetings, the detailed expenditures proposed for each town agency and may confer with representatives of each such agency in connection with its review and consideration. The finance committee may require the town administrator, or any other town agency, to furnish it with such additional information as it may deem necessary to assist it in its review and consideration of the proposed operating budget.
(c) Action by Town Meeting - The finance committee shall file a report containing its recommendations for the action to be taken on each line item in the proposed operating budget as submitted by the town administrator, which report shall be available as provided in sections 5 and 6 of Chapter II of the Revised By-Laws of the Town of Dedham. When the proposed operating budget for the ensuing fiscal year is before the town meeting for action the prevailing motion shall be: "Shall the operating budget be adopted in the amounts as recommended by the finance committee "
Section 5A-7. CAPITAL IMPROVEMENT PROGRAM.
The town administrator shall submit a capital improvement program to the board of selectmen and the finance committee at least one hundred and fifty days before the start of each fiscal year. Said program shall be based on material prepared by the capital improvement committee established by by-law, if any, including:
(a) a clear and concise general summary of its contents;
(b) a list of all capital improvements proposed to be undertaken during the next ensuing five years, with supporting information as to the need for each capital improvement;
(c) cost estimates, methods of financing and recommended time schedules for each improvement; and,
(d) the estimated annual cost of operating and maintaining each facility and piece of major equipment involved.
This information is to be annually revised by the town administrator with regard to the capital improvements still pending or in the process of being acquired, improved or constructed.
Section 5A-8. APPROVAL OF WARRANTS.
The town administrator shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared and signed by the comptroller in accordance with the provisions of the General Laws shall be submitted to the town administrator. The approval of any such warrant by the town administrator and at least three members of the board of selectmen shall be sufficient authority to authorize payment by the town treasurer, but the board of selectmen alone shall approve all warrants prepared and signed by the comptroller in the event of the absence of the town administrator or a vacancy in the office of town administrator.
Section 5A-9. AUDITS.
The board of selectmen shall annually provide for an independent audit of all financial books and records of the town, or, whenever it deems an audit of the whole town or of any particular town agency, to be necessary.
Audits of the town's financial books and records shall be conducted by a certified public accountant, or firm of such accountants, having no interest, direct or indirect, in the affairs of the town.
SECTION 7. Article 6 of said charter is hereby amended by inserting after section 6-13 the following two sections:-
Section 6-14. APPOINTMENTS AND REMOVALS.
Except as otherwise provided in this charter, the town administrator shall appoint, subject to the consent of the board of selectmen, all persons categorized as heads of departments. Except as may otherwise be required by the civil service law, appointments made by the town administrator shall be for periods not to exceed five years. The town administrator may suspend or remove any person appointed by the town administrator in accordance with the procedure established in section 6-15. The decision of the town administrator in suspending or removing a department head shall be final.
All persons categorized as department heads shall, subject to the consent of the town administrator, appoint all assistants, subordinates and other employees of the department for which such person is responsible. The department head may suspend or remove any assistant, subordinate or other employee of the department for which such person is responsible in accordance with the procedures established in section 6-15. The decision of the department head to suspend or remove any assistant, subordinate or other employee shall be subject to review by the town administrator. A person for whom a department head has determined that suspension or removal is appropriate may seek review of such determination by the town administrator by filing a petition for review in the office of the town administrator, in writing, within ten days following receipt of notice of such determination. The review by the town administrator shall follow the procedures established in section 6-15. The decision of the town administrator shall be final.
Section 6-15. REMOVALS AND SUSPENSIONS.
Any appointed town officer, member of a multiple member body or employee of the town, not subject to the provisions of the state civil service law or covered by the terms of a collective bargaining agreement which provides a different method, and whether appointed for a fixed or an indefinite term, may be suspended or removed from office, without compensation, by the appointing authority for good cause. The term "good cause" shall include, but not be limited to incapacity other than temporary illness, inefficiency, insubordination and conduct unbecoming the office.
Any appointed officer, member of a multiple member body or employee of the town may be suspended from office by the appointing authority if such action is deemed, by said appointing authority, to be necessary to protect the interests of the town. However, no suspension shall be for more than fifteen days. Suspension may be coterminous with removal and shall not interfere with the rights of the officer or employee under the removal procedure provided.
The appointing authority when removing any such officer, member of a multiple member body or employee of the town shall act in accordance with the following procedure:
(a) A written notice of the intent to remove and a statement of the cause or causes therefore shall be delivered in hand, or by certified mail, return receipt requested, to the last known address of the person sought to be removed.
(b) Within five days following delivery of such notice, the officer, member of a multiple member body or employee of the town may request a public hearing at which such person may be represented by counsel and shall be entitled to present evidence, call witnesses and to question any witness appearing at the hearing.
(c) Between one and ten days after the public hearing is adjourned, or if the officer, member of a multiple member body or employee of the town fails to request a public hearing between six and fifteen days after delivery of the notice of intent to remove, the appointing authority shall take final action, either removing the officer, member of a multiple member body or employee of the town or notifying such person that the notice is rescinded. Failure of the appointing authority to take any action within the time periods as stated in this section shall be deemed to be a recision of the original notice and the officer, member of a multiple member body or employee shall, forthwith, be reinstated.
Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed for a fixed term is not reappointed when the original term expires.
SECTION 8. The provisions of sections one to seven, inclusive, shall take effect upon their adoption by the voters of the town of Dedham except as hereinafter provided:-
(a) Until such time as the town meeting may act, by by-law, to establish a higher minimum salary, and to provide a range within which the first candidates for the office of town administrator may be recruited, the salary range for the position is hereby declared to be not less than fifty-five thousand nor more than seventy-five thousand dollars per year.
(b) Until such time as the town meeting may act, by by-law, to establish different qualifications for the office, the town administrator, in addition to the qualifications as stated in section 4-1, shall have the following specific qualifications,
(1) hold at least an earned bachelor degree in public administration or a closely related field from a recognized, accredited college or university, and ten years experience as a public administrator, the most recent three years of which shall have been as a chief administrative officer; or,
(2) hold an earned bachelor degree in any field and an earned master degree in public administration; from a recognized, accredited college or university, and five years experience as a public administrator, the most recent three years of which shall have been as a chief administrative officer.
The term "chief administrative officer" shall mean a person who has had major responsibilities in a municipality, under any title, in most, if not all, of the following areas: general supervision and management of all administrative agencies of a city or town, but not including schools; direct involvement in the formulation of budget proposals for all municipal offices and agencies and the administration of the budget throughout the fiscal year; purchasing; and personnel administration.
(c) The position of executive secretary, established by article 4 of the Dedham Home Rule Charter of 1974 is hereby abolished effective upon the assumption of office by the first town administrator appointed pursuant to the provisions of the revised charter, provided, however, the incumbent of said office may be continued in town service for a period of up to ninety days following such assumption of office for the purpose of providing transitional assistance to the first town administrator. While it is the intention of this provision and subsection (b), above, that there be a widespread, diligent search for candidates for the office of town administrator and that the incumbent executive secretary is not automatically to be continued in office as the town administrator, nothing contained in this document shall be construed in any way as to prevent the incumbent of said office from applying for, or from being considered as a candidate to fill, such position, provided such person possess all other qualifications.
(d) Forthwith following the election at which these charter amendments are accepted, a special committee of seven members shall be appointed by the board of selectmen to revise the by-laws of the town in order to fully implement the provisions of these charter amendments. Said committee shall submit a report and recommendations to the town meeting for adoption by a warrant article at a session of the town meeting held not later than the year following the year in which these charter amendments are accepted. At least one member of said committee shall have been a member of the charter commission of 1993-94.
(e) Notwithstanding any provision of this charter to the contrary, it is not expected that the first person to serve as town administrator shall forthwith upon appointment begin at once to perform all of the duties and exercise all of the powers, duties and responsibilities assigned by this charter to the office of town administrator. It is recognized that in the best long-range interest of the town of Dedham, that such assumption must be gradual and on a phased-in basis.
(f) The provisions of section 5A-2 and section 5A-6 of the charter shall not become effective until the year following the year in which these amendments to the charter are adopted.
(g) Until such time as the following time periods may be changed, by by-law, for the purpose of charter section 5A-2 (b) and charter section 5A-3, the following shall apply: The town administrator shall submit a proposed town operating budget to the finance committee not less than sixty days prior to the date on which the town meeting is to convene in its annual meeting. The school committee shall submit its proposed operating budget to the town administrator at least seventy-five days prior to the date on which the town meeting is to convene in its annual meeting.
(h) Until such time as the following provision may be amended, repealed or revised in accordance with the procedures in Article 5, a department of public works is hereby established as follows:
Department of Public Works.
(1) Establishment, Scope - There shall be a department of public works responsible for the performance of all public works related activities of the town. The department of public works shall assume all of the duties and responsibilities related to public works activities which prior to the adoption of these charter revisions were performed under section 5-2 of the 1974 home rule charter.
(2) Commissioner of Public Works - The department of public works shall be under the direct control and supervision of a commissioner of public works who shall be appointed by and who shall be responsible to the town administrator. The commissioner of public works shall serve for an indefinite term. The commissioner of public works shall be a person especially fitted by education, experience and training to perform the duties of said office. The commissioner of public works shall be responsible for the supervision and coordination of all activities of the department of public works in accordance with state statutes, town by-laws, administrative code and rules and regulations.
(3) Policy Formulation - The board of selectmen, acting through the town administrator, shall be responsible for the overall supervision of the department of public works and for the establishment of priorities and policies to govern the operation of the department. The board of selectmen shall establish and set the fees or charges for all services provided by the department of public works.
SECTION 9. This act shall be submitted for acceptance to the voters of the town of Dedham at the annual town election to be held in the year nineteen hundred and ninety-five in the form of the following question which shall be placed on the official ballot to be used for the election of town officers at said election, "Shall an act passed by the General Court in the year nineteen hundred and ninety-four entitled 'An act establishing a board of selectmen-town administrator form of government in the town of Dedham' be accepted " which question shall be followed by a brief summary of the amendments to be prepared by the town counsel.
If a majority of the votes cast in answer to said question is in the affirmative, this act shall take effect, but not otherwise.
SECTION 10. Section nine of this act shall take effect upon its passage.