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Session Law

2004

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Chapter 320 AN ACT RELATIVE TO THE POSITION OF TOWN ADMINISTRATOR IN THE TOWN OF WAYLAND.

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. There shall be a town administrator in the town of Wayland. Notwithstanding any general or special law to the contrary, the town administrator shall be the chief operating and administrative officer of the town and shall be accountable to the board of selectmen. The town administrator shall be responsible and accountable for ensuring there is appropriate administration and coordination, in the implementation of and adherence to town policies affecting town departments and in the development and execution of programs affecting various town departments.

SECTION 2. Notwithstanding any general or special law to the contrary, subject to ratification by majority vote of the full membership of the board of selectmen, the town administrator may appoint solely on the basis of merit and fitness: (i) a police chief (ii) a fire chief, and (iii) a finance director, who shall have the authority and responsibilities of a town accountant; and, without ratification by the board of selectmen (iv) a building commissioner, (v) 1 or 2 directors of the council on aging, (vi) a conservation administrator, (vii) a town treasurer and collector; and (viii) such other town officers, department heads and employees under the jurisdiction of the board of selectmen, except for members of appointed boards or committees, as authorized by order of the board of selectmen or by-law of the town. The town administrator shall have the power and authority to evaluate, discipline and, for cause, remove the appointees from all of those positions. The town administrator shall consult with relevant primary boards and committees working with the department heads before implementing personnel related actions.

SECTION 3. Notwithstanding any general or special law to the contrary, with respect to a department head working for an elected board other than the board of selectmen, the town administrator shall report to the elected board on the employee's job performance, at a minimum as part of the annual evaluation process, and advise to the elected board on personnel hiring and removal. Evaluation reports shall address under the code of the town of Wayland, chapter 60, section 2.2 (a) to (h), inclusive, thereof, and other similar interactions. Final authority over hiring, evaluating, disciplining and removal will remain with the elected boards, with input provided by the town administrator.

SECTION 4. Section 2 of chapter 307 of the acts of 1972 is hereby amended by striking out, in line 1, the word "selectmen" and inserting in place thereof the following words:- town administrator.

SECTION 5. Section 3 of said chapter 307 is hereby amended by striking out, in line 1, the word "selectmen" and inserting in place thereof the following words:- town administrator.

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

Approved August 19, 2004.

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