Cohasset Amended Town Manager’s Act 2013

Cohasset's Amended Town Manager's Act 2013

Patrick O’Connor, Legislative Director for Senator Bob Hedlund, has sent us the final version of Cohasset’s Amended town Manager Act bill, that Governor Deval Patrick has signed. 

The Commonwealth of Massachusetts In the Year Two Thousand Thirteen

An Act relative to the town manager in the town of Cohasset.

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

1               SECTION 1. Chapter 34 of the acts of 1997 is hereby amended by striking out section 2

2   and inserting in place thereof the following section:-

3               Section 2.  Designation of Elected Officials

 

4               (a) Upon the effective date of this act, the registered voters of the town of Cohasset shall,

5   in accordance with any applicable laws, by-laws, votes of the town, or inter-local agreement

6   continue to elect the following:

 

7               (i).  selectmen;

8               (ii).  town moderator;

9               (iii).  town clerk;

10               (iv).  school committee members;

11               (v).  trustees of the Paul Pratt Memorial Library;

12               (vi).  assessors;

13               (vii).  board of health members;

14               (viii).  Cohasset Housing Authority members;

15               (ix).  planning board members;

16               (x).  recreation commissioners;

17               (xi).  sewer commissioners; and

18               (xii).  water commissioners.

19               (b) The powers, duties and responsibilities of elected and appointed officials shall be as

20   now or hereafter provided by applicable provisions of General Laws, special acts, by-laws and

21   votes of the town, except as otherwise expressly provided herein.

22               (c) Notwithstanding the election by the voters of the town of the officers named in this

23   section, such officers shall be available to the town manager for consultation, conference and

24   discussion on matters relating to their respective offices. The town manager may require all such

25   officials, except the selectmen, to prepare reports for the town manager necessary for the

26   administration of any of his responsibilities.

27

28               SECTION 2. Said chapter 34 of the acts of 1997 is hereby amended by striking out

29   section 3 and inserting in place thereof the following section:-

30               Section 3.  Powers and Duties of the Board of Selectmen

31               (a) The executive powers of the town shall be vested in the board of selectmen, who shall

32   have all the powers given to boards of selectmen by the General Laws of the Commonwealth of

33   Massachusetts.

34               (b) The board of selectmen of the town of Cohasset shall consist of five (5) persons

35   elected by the voters of the town. The term of each member of the board of selectmen shall not

36   exceed three (3) years or until a successor takes office. The board of selectmen shall annually

37   elect a chairperson from among its members.

38               (c) The board of selectmen shall serve as the chief goal-setting and policy-making body

39   of the town and as such shall not normally administer the day-to-day affairs of the town. The

40   board of selectmen shall set guidelines and policy directives which are to be implemented by the

41   town manager and by other officers and employees appointed by or under its authority. The

42   board of selectmen shall have the power to enact rules and regulations to implement policies and

43   to issue interpretations of the rules and regulations.

44               (d) The board of selectmen shall exercise, through the town manager, general supervision

45   over all matters affecting the interests or welfare of the town.

 

46               (e) The board of selectmen shall appoint the town manager, town counsel, independent

47   auditor and assistant or special counsels and all members of committees, boards, and

48   commissions except those positions that the town bylaws provide are to be appointed by the

49   Troika (as hereinafter defined), that are elected by the voters, or that, unless provided for by this

50   Act, may be otherwise appointed by town by-law, or the General Laws of the Commonwealth.

51   The Board may make appointments to all positions and committees the Board creates for special

52   or general purposes. For purposes of this act the Troika shall be defined as a group made up of

53   the town moderator, who shall be the chairman of the Troika, chairman of the board of

54   selectmen, and chairman of the advisory committee.

55               (f) The board of selectmen shall have oversight of such boards, committees, positions, or

56   commissions appointed by the board of selectmen.

57               (g) The board of selectmen shall have the responsibility and authority for licenses and

58   other non- personnel related functions as provided by the General Laws and the by-laws of the

59   town of Cohasset.

60               (h) The board of selectmen shall be responsible for and shall approve the form and

61   content of all town meeting warrants before they are submitted to town meeting for deliberation.

62               (i) The board of selectmen shall be responsible for establishing and maintaining a written

63   process for the preparation of the budget. The selectmen shall issue annually one or more written

64   budget messages including fiscal guidelines and the timeline for budget makers at the beginning

65   of each budget cycle or at a time established by the town by-laws.

 

66               (j) The board of selectmen shall review the annual proposed budget prepared by the town

67   manager and make changes as the Board deems advisable. The town manager shall present the

68   budget which incorporates the changes of the board of selectmen to the town meeting.

 

69

70               SECTION 3.  Said chapter 34 of the acts of 1997 is hereby amended by striking out

71   section 4 and inserting in place thereof the following section:-

72               Section 4.  Appointment of the Town Manager

73               (a) The board of selectmen shall create a search committee to assist in the selection of

74   candidates for the position of town manager. The candidates shall be persons of demonstrated

75   ability with administrative experience in public management or business administration who are

76   qualified by reason of education and experience. The town shall from time to time, by bylaw,

77   establish qualifications for the position of town manager. The board of selectmen, by a majority

78   vote of its full membership, shall appoint a person to perform the duties of town manager. The

79   town manager shall be a citizen of the United States.

80               (b) No selectman or former selectman within fifteen (15) months of holding such office

81   shall be eligible to be appointed to the position of town manager.

82               (c) The board of selectmen may enter into a formal contract with the town manager. They

83   may set contract terms which shall have precedence over any personnel by-laws.

 

84               (d) The town manager may be appointed for successive terms of office, no term of which

85   shall be more than three years or until a successor takes office. Before entering upon the duties of

86   his office, the Town Manager shall be sworn in the presence of a majority of the members of the

87   board of selectmen, to the faithful and impartial performance thereof by the town clerk or a

88   notary public.

89               (e) The town manager shall execute a bond in favor of the town of Cohasset for the

90   faithful performance of his duties in such sums and with such sureties as may be fixed and

91   approved by the board of selectmen, the cost for which will be borne by the town.

92               (f) The board of selectmen shall set the compensation for the town manager, not to

93   exceed an amount appropriated by the town meeting.

94

95               SECTION 4. Said chapter 34 of the acts of 1997 is hereby amended by striking out

96   section 5 and inserting in place thereof the following 7 sections:-

97               Section 5.  Removal of Town Manager

98               (a)  The board of selectmen, by a majority vote of its full membership, may remove the

99   town manager. At least thirty (30) days before such removal shall be effective, the board of

100   selectmen shall file a preliminary written resolution with the town clerk setting forth reasons, if

101   any, for the proposed removal, a copy of which resolution shall be delivered to the town

102   manager.

103               (b)  The town manager may reply in writing to the resolution and may request, in writing,

104   a public hearing. The request for hearing must be received by the town clerk no later than ten

105   (10) days after the town manager’s receipt of the resolution. If the town manager so requests, the

106   board of selectmen shall hold a public hearing not earlier than ten (10) days nor later than twenty

107   (20) days after the filing of such request.

108               (c) Following the public hearing or, if none, at the expiration of thirty (30) days following

109   the filing of the preliminary resolution, the board of selectmen may adopt a final resolution of

110   removal.

111               (d) As part of the preliminary resolution, the board of selectmen may suspend the town

112   manager from duty.

113               (e) Nothing contained herein shall limit the authority of the board of selectmen to

114   suspend or remove the town manager as provided by state law.

 

115               (f) Any suspension may be with or without pay.

116               Section 5A.  Absence or Vacancy of Town Manager

117               (a) During a temporary absence, not to exceed 30 days, the town manager shall designate

118   by a letter filed with the chair of the board of selectmen, an administrator to perform the duties of

119   the office.  Such delegation shall be limited to those matters not allowing of delay during the

120   manager’s absence.

121               (b) If, in the sole opinion of the board of selectmen, the town manager’s designee is

122   unable effectively to perform the duties of the office during the temporary absence of the town

123   manager, the selectmen shall have the absolute right to appoint a person to perform the duties of

124   the office, which duties shall be limited to those matters not allowing of delay during the town

125   manager’s absence.

126               (c) During an absence of the town manager for 30 or more days, due to disability, illness,

127   or other circumstance, the board of selectmen shall appoint an acting town manager for the

128   duration of any extended absence.  Such designation will cease upon the return of the town

129   manager.

130               (d) If the individual serving as acting town manager is a town officer or employee, the

131   individual shall return to the position held prior to being appointed as the acting town manager.

132               (e) No member of the board of selectmen shall serve as acting town manager.

133               (f) If the board of selectmen determines, by majority vote of the full membership, that the

134   town manager will be unable to resume the duties of the job for any reasons, including but not

135   limited to resignation, termination or illness, the office of town manager shall be filled as soon as

136   practicable by the board of selectmen who may appoint an acting town manager who may serve

137   until a town manager is appointed.

138               (g)  Irrespective of the duration of the absence of the town manager, the board of

139   selectmen shall determine the powers and responsibilities of any acting or temporary town

140   manager.

141               Section 5B.  Administrative Responsibilities of the Town Manager

142               (a)  The town manager shall be the chief administrative officer of the town and shall be

143   responsible to the board of selectmen for the effective management of all town affairs placed in

144   the town manager’s charge by this act, by the board of selectmen, by by-laws, or by vote of town

145   meeting, and for the implementation of town policies placed in the town manager’s charge by the

146   board of selectmen.

147               (b) The town manager shall supervise all town departments with the exception of the

148   School District and direct day to day affairs of the town.

149               (c)  The town manager shall be responsible for seeing that the budget is administered as

150   adopted by town meeting and in accordance with the General Laws, this act and the town by-

151   laws.

152               (d)  The town manager shall advise the board of selectmen of all matters requiring action

153   by them or by the town.

154               (e)  The town manager shall oversee the town’s personnel system and staff in accordance

155   with the town by-laws as amended, personnel evaluation policies and practices, enforcement of

156   labor contracts, labor relations, collective bargaining and state and federal equal opportunities

157   law compliance functions of the town.

158               (f) The town manager shall attend all meetings of the board of selectmen, except when

159   excused, having the right to speak but not vote; and attend all annual and special town meetings

160   and shall be permitted to speak when recognized by the moderator.

161               (g) The town manager shall administer, either directly or through a person or persons

162   appointed by the town manager in accordance with this act, all provisions of General Laws and

163   special acts applicable to the town, all town by-laws, and all regulations established by the board

164   of selectmen.

165               (h) The town manager shall have access to all information necessary for the proper

166   performance of the duties of town manager in accordance with the town bylaws, not including

167   however attorney-client privileged information which is provided to or by the board of

168   selectmen, unless the board specifically authorizes such access.  Notwithstanding the preceding

169   sentence, the town manager and any person acting under the Town Manager’s supervision,

170   direction, or control shall have no authority to access the electronic communications of any town

171   officer or employee, or information maintained in a personal work area or computer of any such

172   officer or employee, unless such access has been approved in advance by the board of selectmen

173   or by a member designated by the board to act on such matters.

174               (i) The town manager may, without notice, cause the affairs of any division or

175   department, except the School District, or the conduct of any officer or employee thereof to be

176   examined.

177               (j) The town manager shall keep the board of selectmen fully informed regarding all

178   departmental operations, fiscal affairs, general problems, and administrative actions, and to this

179   end shall submit periodic reports to the board of selectmen.

180               (k)  The town manager shall coordinate the activities among boards, commissions, and

181   committees, concerned with long-range municipal planning, including physical or economic

182   development, and environmental or resource protection of the town.

183               (l) The town manager shall be responsible for the maintenance all town buildings,

184   property and facilities except those under the jurisdiction of the housing authority, sewer

185   commission and water commission unless requested by those agencies.  The town manager shall,

186   to these ends, develop, keep and annually update a full and complete inventory of all property of

187   the town, both real and personal.

188               (m)  Subject to section 3H of this act, the town manager shall be responsible for the

189   preparation of all town meeting warrants in accordance with the town by-laws and distribute, or

190   cause to be distributed, copies of town meeting warrants to the residences of all registered voters

191   of the town.

192               (n) Upon request and with the approval of the board of selectmen, the town manager shall

193   prosecute, defend, or compromise all litigation to which the town is party.

194               (o) The town manager shall keep full and complete records of town manager’s office and

195   annually submit to the board of selectmen, unless requested to do so more frequently, a full

196   written report of the operations of the office.

197               (p) The town manager shall devote full working time to the duties of the office, and shall

198   not engage in any business activity during the term of office, except with the written consent of

199   the board of selectmen.

200               Section 5C.  Financial Responsibilities of the Town Manager

201               (a) The town manager shall be the chief financial officer of the town.

202               (b) The town manager shall be responsible for controlling all appropriated budget

203   expenditures, which includes the power to approve or reject all warrants including payroll for the

204   payment of town funds prepared by the town accountant in accordance with the provision of

205   section 56 of chapter 41 of the General Laws.

206               (c) Annually, the town manager shall be responsible for the preparation of the proposed

207   budget to be included in the Annual Town Meeting Warrant.  The proposed budget shall be

208   prepared in accordance with the most current budget process by the date set pursuant to Section

209   3(i) of this act as approved by the board of selectmen.

 

210               (d) The town manager shall submit to the board of selectmen by the date established

211   pursuant to Section 3(i) of this act a written proposed budget for the ensuing fiscal year.

212               i. The proposed budget shall detail all estimated revenue from all sources, and all

213   proposed expenditures, including debt service, for the previous, current, and ensuing five (5

214   )fiscal  years.

215               ii. The proposed budget shall detail all estimated expenditures for current operations

216   during the ensuing fiscal year, detailed by agency, department, committee, purpose, and position.

217               iii. In addition, the town manager shall prepare a written proposed capital improvements

218   budget for the ensuing fiscal year and a five (5) year forecast and include both as part of the

219   proposed annual budget.

220               iv. For the purpose of preparing the budget for the ensuing fiscal year, the town manager

221   shall include an estimate of revenues to be collected and free cash available at the close of the

222   current fiscal year, including estimated balances in special accounts.

223               v. The town manager shall report on the estimated funds required to be levied and raised

224   by taxation to defray all expenses and liabilities of the proposed budget together with an estimate

225   of the tax rate necessary to raise such amount and include the information in the proposed

226   budget.

227               vi. The town manager annually shall submit a town departmental and organizational

228   structure.

229               (e) The town manager shall submit a preliminary budget and capital plan to the board of

230   selectmen, the advisory committee and the capital budget committee pursuant to the budget

231   process set forth in Section 3(i) of this Act.  The preliminary budget and capital plan must be

232   submitted no later than seventy (70) days prior to the date of the annual town meeting.

233               (f) To assist the town manager in preparing the proposed annual budget of revenue and

234   expenditures, all boards, officers, and committees of the town, including the school committee,

235   shall furnish all relevant information in their possession and submit to the town manager, in

236   writing in such form as the town manager shall establish, a detailed estimate of the

237   appropriations required and available funds.

238               (g) The town manager shall keep the board of selectmen informed regarding the

239   availability of federal and state funds and how such funds might relate to unmet long-range

240   needs.

241               (h) The town manager shall be responsible for filing all grant applications.

242               (i)  After the close of each fiscal year and after the certification of free cash by the

243   Massachusetts Department of Revenue, the town manager, as soon as practicable, will cause to

244   have prepared audited financial statements.  Upon completion of the audit, the town manager

245   will promptly distribute the statements to the board of selectmen, chairman of the advisory

246   committee and chairman of the capital budget committee.

247               Section 5D.  Appointment Powers of the Town Manager

248               (a) The town manager shall appoint upon merit and fitness alone, and may remove, the

249   police chief, fire chief, director of finance subject to the selectmen’s approval by a majority vote

250   of its full membership whose contracts and any changes thereto must be approved by the board

251   of selectmen.

252               (b) The Board of Selectmen shall appoint members of the conservation commission under

253   chapter 40, section 8C of the General Laws.

254               (c) The town manager shall appoint and may remove all Department Heads not included

255   in Section 5D(a) of this act, as that term may be defined in the town organization chart

256   established from time to time by town meeting of the Town of Cohasset, and all employees

257   under the direct supervision of the town manager. In addition, the town manager shall appoint

258   and may remove all officers, subordinates and employees for whom no other method of selection

259   is provided in this act, except employees of the school department.

260               (d) Appointments made by the town manager in Section 5D(c) of this act shall become

261   effective fifteen (15) days following the date of written notice of the appointment is filed with

262   the board of selectmen unless the board of selectmen shall, within that period, by a majority of

263   its members present and voting, vote to reject the appointment or removal.

264               (e)  Within the fifteen (15) day period, the board of selectmen may, by a majority of its

265   members present and voting, vote to waive its power to reject an appointment pursuant to

266   Section 5D(d) of this Act, whereupon the appointment shall become effective immediately.

267               (f) All appointments by the town manager not included in Section 5D(a) or 5D(c) of this

268   Act shall become effective immediately.

269               (g) Any employee not protected by civil service law or union contract shall have the right

270   to appeal the town manager’s decision to discharge to the board of selectmen. The appeal shall be

271   initiated by filing a written notice of appeal with the town manager within ten (10) calendar days

272   after receiving a written notice of discharge.  The appeal shall be conducted pursuant to

273   processes and procedures as may be established from time to time by the town by-laws.

274               (h) The town manager, subject to any applicable provisions of the General Laws relating

275   thereto, may assume, temporarily, the duties of any office which the town manager is authorized

276   to fill by appointment, subject to approval by the board of selectmen.

277               (i) The town manager may appoint such ad hoc committees as he deems necessary.

278               Section 5E.  Collective Bargaining

279               (a)  The town manager or a negotiating committee authorized by the board of selectmen

280   shall negotiate collective bargaining contracts on behalf of the board of selectmen, which

281   contracts shall be subject to approval, ratification and execution by the board of selectmen.

282               (b)  The board of selectmen may authorize use of additional counsel and/or persons to

283   assist the town manager or negotiating committee in the negotiations at their request.

284               Section 5F.  Procurement

285               (a)  The town manager is the chief procurement officer and shall be responsible for

286   purchasing for all town functions and departments, pursuant to chapter 30B of the General Laws,

287   and all other applicable statutes, procedures, and by-laws.   (b)  The town manager may, at the

288   request of the school committee, delegate such duties for school department purchasing.

289

290               SECTION 5. This act shall take effect upon its passage.

 

 

 

 

&copy Copyright 2014 Tanna Bk, All rights Reserved. Written For: Tinytown Unleashed

© Copyright 2014 Tanna K, All rights Reserved. Written For: Tinytown Unleashed
Share