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Section 1 Appointment
5_1_1 The board of selectmen, by an affirmative vote of at least three members, shall appoint for the life of a specific contract a town administrator who shall be a person with executive and administrative qualifications, and educated by training or experience to perform the duties of the office. The administrator shall be appointed without regard to his political beliefs. Before taking office, the administrator shall be sworn to the faithful and impartial performance of his duties by the chairman of the board of selectmen. He shall execute a bond in favor of the town for the faithful performance of his duties in such sum and with surety or sureties as may be fixed or approved by the selectmen. The cost of such bond shall be paid by the town. The administrator shall receive such compensation for his services as the
selectmen shall determine, not to exceed an amount appropriated by the town meeting for that purpose. [Amended 11_18_1974 STM by Art. 1, approved 10_4_1975; 10_2_1995 ATM by Art. 14, approved 5_7_1996]
Section 2 Powers and Duties
5_2_1 In addition to the specific powers and duties provided for in this charter, and except as otherwise provided by general law, the administrator shall have the following powers and duties:
5_2_2 He shall be responsible to the board of selectmen for the efficient administration of all town affairs placed in his charge by or under this charter. He shall keep full and complete records of his office and shall make them available to the selectmen when requested. He shall keep the selectmen fully advised as to the needs of the town and shall make recommendations to them concerning the same. He shall prepare and submit to the selectmen the annual budget and capital program for the departments under his jurisdiction; he shall also receive and consolidate into the comprehensive budget the annual budgets and capital programs for the school committee and planning commission. He shall attend all meetings of the board of selectmen, unless excused, and may take part in discussions, but may not vote. He shall make such
reports as the selectmen may require concerning the affairs of the town.
5_2_3 He shall supervise, direct, and be responsible for the efficient administration of all his appointees and their respective departments. He shall appoint and may remove all division directors, all employees under his jurisdiction, and all members of division supervisory boards; he shall fix their compensation, within limits of appropriations made for that purpose.
5_2_4 He may, with the approval of at least three members of the board of selectmen, within the divisions under his direction and supervision, establish, reorganize, consolidate, or abolish any departments, boards, committees, or offices, except as otherwise provided for by this charter or by general law. He may not alter by transfer a function or part of a function among the four major divisions established by chapter four.
5_2_5 He shall be the chief procurement officer for material, equipment, supplies, and services for the town, except for the School Department. All purchases and contracts shall be awarded by the Administrator in compliance with applicable law. However, the Board of Selectmen may, by majority vote, authorize the Administrator to make an award to other than the lowest bidder if such action is permitted by law. A record shall be kept by the administrator as purchasing agent of the prices paid, and such record shall be open to the inspection of any citizen. [Amended 4_24_1978 ATM by Art. 23, approved 9_30_1978; 10_15_1981 ATM by Art. 17, approved 5_4_1982; 10_1_1990 ATM by Art. 2, approved 5_7_1991]
5_2_6 He shall have jurisdiction over the rental and use of all town property, except school property, and shall be responsible for the preparation of plans and the supervision of work on existing buildings or on the construction of new buildings, except for schools.
5_2_7 He shall have access to all town books and papers for information necessary for the proper performance of his duties.
5_2_8 He shall see that all laws, provisions of this charter, and actions of the selectmen, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed.
5_2_9 Prior to town meeting, he shall assemble and mail to each residence of the town as per section 2_4_3 of this charter, the warrant, budget messages, a short explanatory description for each article, and the finance committee recommendations.
Section 3 Power of Investigation
5_3_1 The administrator may cause the affairs of any committee, board, or official under his control or the conduct of any officer or employee thereof to be examined.
Section 4 Removal
5_4_1 The selectmen, by an affirmative vote of at least three members, may initiate the removal of the town administrator by adopting a preliminary resolution to this effect. Said resolution may suspend the town administrator, and must state in writing the reasons for the proposed removal and shall be filed with the town clerk at least thirty days before such proposed removal becomes effective. A copy of the preliminary resolution shall be mailed promptly to the administrator's legal address. The administrator, within ten days after notice so filed, may reply in writing to the resolution and may request a hearing. If the administrator so requests, a public hearing shall be held not earlier than twenty days nor later than thirty days after the filing of such request and the moderator shall preside. The board and the
administrator shall have the right to representation by counsel, to produce witnesses and to subpoena any town records, and to cross_examine witnesses. The town administrator's counsel will be at his expense. [Amended 10_2_1995 ATM by Art. 15, approved 5_7_1996]
5_4_2 At least seven days, but not more than fifteen days after the public hearing, if any, or after the thirty days following the filing of the preliminary resolution, and after full consideration, the selectmen, by an affirmative vote of at least three members, shall adopt a final resolution at a meeting from which the public has not been excluded. The selectmen may remove or exonerate the administrator in the resolution. [Amended 10_2_1995 ATM by Art. 16, approved 5_7_1996]
Section 5 Acting Town Administrator
5_5_1 In the event of a temporary absence, disability, suspension, or vacancy in the office of the administrator, the board of selectmen by an affirmative vote of at least three members may appoint an acting town administrator. The term of the acting administrator shall not exceed ninety days. If necessary, the board of selectmen by an affirmative vote of at least three members may extend the temporary appointment for an additional term not to exceed ninety days. An acting administrator appointed under this section shall receive compensation as set by the affirmative vote of at least three selectmen, but it shall not exceed the rate of compensation approved for the administrator by the town meeting.
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