Chapter 8
Town Administrator
SECTION 8-1: Appointment; Qualifications; Term
The board of selectmen shall appoint a town administrator from a
list prepared by a screening committee. The board of selectmen shall
appoint the town administrator to serve for a renewable contract not to
exceed five years and shall fix the compensation for such person annually
within the amount appropriated by town meeting. The town administrator
shall be appointed solely on the basis of demonstrated executive and
administrative qualifications. The town administrator shall be a person
especially fitted by education, training and previous experience in public
and/or business administration to perform the duties of the office. A town
administrator need not be a resident of the town. The town administrator
shall not have served in an elective office in the town of Swampscott
government for at least twelve (12) months prior to appointment, with the
exception of town meeting member. The members of the 2001 Town Government
Study Committee shall not be eligible for appointment as the first
Swampscott Town Administrator.
The town administrator shall devote full time to the office and
shall not hold any other public office, elective or appointive, nor engage
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 a semi-annual review of
the job performance of the town administrator in the first year and
annually thereafter, which shall, at least in summary form be a public
record. The town administrator's review would be a public record subject to
mandatory disclosure.
Any vacancy in the office of the town administrator shall be filled
as soon as possible by the board of selectmen, and in the interim they
shall appoint a qualified town administrative officer or employee to serve
as a temporary town administrator to perform the duties of the office. Such
temporary appointment may not exceed three (3) months, but one renewal may
be voted by the board of selectman to extend for a second three (3) months.
Compensation for such person shall be set by the board of selectmen.
SECTION 8-2: Powers and Duties
The town administrator shall be the chief administrative and
financial officer of the town, directly responsible to the board of
selectmen for the administration of all town affairs not specifically
reserved to another elected body. 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 the town
charter, by-laws, by town meeting vote, by vote of the board of selectmen,
or otherwise.
b) To recommend for appointment and in appropriate circumstances to
remove and/or discipline subject to the provisions of civil service law and
any collective bargaining agreements as may be applicable, all
department heads, officials and employees for whom no other method of
selection or discipline is provided. Such recommendations for appointments
and/or removals become effective upon approval of the majority of the
Board of Selectmen based upon the recommendation of the Town Administrator.
c) To be entrusted with the administration of a town personnel
system, exclusive of the school department, 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 department.
d) To attend all regular and special meetings of the Board of
Selectmen, and other meetings deemed appropriate by the Board of Selectmen
unless unavailable for reasonable cause, and shall have a voice,
but not vote, in all of its proceedings.
e) 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 than once in each
year, a full report of all town financial and administrative operations
during the period reported on, which report shall be made available to the
public.
f) 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.
g) To have full jurisdiction over the rental and use of all town
facilities and property except school property. 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 by-law or
by vote of the town or otherwise.
h) To prepare and present each year a balanced annual operating
budget for the town and a proposed capital outlay program for the five
fiscal years next ensuing in accordance with existing by-laws.
i) To assure that an inventory of property of the town, both real
and personal, is kept, including property within the jurisdiction of the
school committee, in accordance with generally accepted government
accounting principles.
j) 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.
k) To be responsible for purchasing all supplies, material, and
equipment for all departments and activities of the town, but not including
food for schools, school books, and other instructional material, supplies
and equipment, unless otherwise specifically requested by the school
committee. 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 department, except schools. The town
administrator shall be responsible for the disposal of all supplies,
material and equipment which have been declared surplus by any town agency.
The town administrator, or his or her designee, shall be the chief
procurement officer for the town.
l) To see that all of the provisions of the general laws, the
town's charter and by-laws and other votes of the town meeting, and votes
of the board of selectmen, or other elected boards that the town
administrator has operational jurisdiction over, which require enforcement
by the town administrator or other officials subject to the direction and
supervision of the town administrator are faithfully executed, performed or
otherwise carried out.
m) To inquire, at any time, into the conduct of office or
performance of duties of any official or employee, department, board,
commission or other town agency, excluding schools.
n) 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.
o) To recommend to the board of selectmen, who are granted the
authority to make such changes upon majority vote, the reorganization,
consolidation or abolishment of town departments or agencies serving under
the supervision of the town administrator, in whole, or in part, provide
for new departments or agencies, and/or providing and/or to recommend
providing, for a reassignment of powers, duties and responsibilities among
such departments or agencies so established or existing.
p) To coordinate the activities of all town departments or agencies
serving under the office of the town administrator and the office of the
board of selectman with those under the control of other officials and
multiple member bodies elected directly by the voters. For this purpose,
the town administrator shall have authority to require the persons so
elected or their representatives, to meet with the town administrator at
reasonable times, for the purpose of effecting coordination and cooperation
among all departments or agencies of the town.
q) 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 8-3: Acting Town Administrator
a) Temporary absence - By letter filed with the town clerk, the
town administrator shall recommend a qualified town administrative officer
or employee who, with the approval of the board of selectmen, shall
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 (10) 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, but, 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.
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 8-4: Removal and Suspension
The board of selectmen may, by a minimum vote of four of its
members, terminate and remove, or suspend, the town administrator from
office in accordance with the following procedure:
a) The board of selectman shall adopt a preliminary resolution of
removal by a minimum vote of four 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 (45) days. A copy
of the resolution shall be delivered in hand or by certified mail, return
receipt requested, to the town administrator.
b) Within five (5) days after receipt of the preliminary resolution
the town administrator may request a public hearing by filing a written
request for such a hearing with the board of selectmen. This hearing shall
be held at a meeting of the board of selectmen not later than thirty (30)
days after the request is filed nor earlier than twenty (20) 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 the same
is received at its office more than forty-eight (48) hours in advance of
the public hearing.
c) The board of selectman may adopt a final resolution of removal,
which may be made effective immediately, by the affirmative vote of at
least four of its members not less than ten (10) nor more than twenty-one
(21) days following the delivery of the preliminary resolution to the town
administrator, if the town administrator has not requested a public
hearing; or within ten (10) 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 administrator
shall, at the expiration of said time, forthwith resume duties of the
office. The town administrator will continue to receive full pay and
benefits until the adoption of a final resolution by the board of
selectmen.
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 in the board of selectmen.
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