Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2100 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 755 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2100
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Smitty Pignatelli and Paul W. Mark
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act creating the offices of select board and town manager in the town of Sandisfield.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Smitty Pignatelli3rd Berkshire1/12/2023Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	1/17/2023 1 of 7
18	18	HOUSE DOCKET, NO. 755 FILED ON: 1/17/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 2100
20	20	By Representative Pignatelli of Lenox and Senator Mark, a joint petition (accompanied by bill,
21	21	House, No. 2100) of Smitty Pignatelli and Paul W. Mark (by vote of the town) that the town of
22	22	Sandisfield be authorized to create the offices of select board and town manager in said town.
23	23	Municipalities and Regional Government. [Local Approval Received.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act creating the offices of select board and town manager in the town of Sandisfield.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Notwithstanding any general or special law to the contrary there shall be in
33	33	2the Town of Sandisfield a select board consisting of 3 members elected for terms of 3 years each,
34	34	3so arranged that one term of office shall expire each year. Vacancies in the office of select board
35	35	4shall be filled by a special or regular election in accordance with the provisions of the General
36	36	5Laws. Except as specifically provided by this act, the select board shall have all of the executive
37	37	6powers given to boards of selectmen by the General Laws.
38	38	7 The select board shall have, but not be limited to, the following executive powers:
39	39	8 A. Serve as the chief policy making body of the town;
40	40	9 B. Authority to enter into intergovernmental or public or private agreements consistent
41	41	10with law on such terms as it deems beneficial to the residents of the Town; 2 of 7
42	42	11 C. Be responsible for the formulation and promulgation of policy directives and
43	43	12guidelines to be followed by all town agencies serving under it, and in conjunction with other
44	44	13elected town officers and multiple member bodies to develop and promulgate policy guidelines
45	45	14designed to bring the operation of all town agencies into harmony; provided, however, that
46	46	15nothing in this section shall be construed to authorize any member of the select board or a
47	47	16majority of such members, to become involved in the day-to-day administration of any town
48	48	17agency. It is the intention of this provision that the select board shall act only through the
49	49	18adoption of broad policy guidelines, which are to be implemented by officers and employees
50	50	19serving under it;
51	51	20 D. Cause the by-laws, rules, and regulations for the government of the town to be
52	52	21enforced and shall cause an up-to-date record of all its official acts to be kept;
53	53	22 E. Appoint the town manager and town counsel, and approve the hire of the town audit
54	54	23firm, which shall be chosen by the town manager;
55	55	24 F. Be the licensing board of the town and shall have the power to issue licenses, to make
56	56	25all necessary rules and regulations regarding the issuance of such licenses, and to attach such
57	57	26conditions and restrictions thereto as it deems to be in the public interest. The select board shall
58	58	27enforce the laws relating to all businesses for which it issues such licenses. The select board
59	59	28under this provision may delegate or reorganize any local licensing authority or process
60	60	29notwithstanding any general laws relating to local governance to the contrary;
61	61	30 G. Be responsible for providing timely audits as required by law. The audits shall be
62	62	31made by a certified public accountant, or firm of such accountants, who have no personal 3 of 7
63	63	32interests, direct or indirect, in the fiscal affairs of the town government of the town of Sandisfield
64	64	33or any of its officers; and
65	65	34 H. In consultation with the town manager, develop a personal system to include, but not
66	66	35be limited to, classifications and pay schedules, benefit programs, personnel and hiring policies
67	67	36and practices, and regulations for town employees.
68	68	37 SECTION 2. Notwithstanding the provisions of G.L. c.40, §23A or any other general or
69	69	38special law to the contrary, there shall be in the Town of Sandisfield a town manager appointed
70	70	39by the select board, who shall serve at the pleasure of the board. The town manager shall be
71	71	40especially fitted by education, training, and experience in public or business administration to
72	72	41perform the duties of the office. The select board may enter into a contract with the town
73	73	42manager for salary, fringe benefits, and other conditions of employment, including but not
74	74	43limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the
75	75	44performances of duties or office, liability insurance, and leave, and receive such compensation as
76	76	45the select board shall determine within the amount appropriated therefor by the Town.
77	77	46 Any vacancy in the office of town manager shall be filled by the select board with all due
78	78	47haste. Until an appointment is made, the select board shall appoint a suitable person, including
79	79	48but not limited to an employee of the Town, to perform the duties of the office which shall be
80	80	49known as the temporary town manager. In the event of the temporary absence or disability of the
81	81	50town manager lasting more than 5 consecutive work days, the select board may designate a
82	82	51qualified person to serve as acting town manager during such temporary absence or disability.
83	83	52 The town manager shall have the following duties and responsibilities: 4 of 7
84	84	53 A. Be the chief administrative officer of the Town, shall act as the agent for the select
85	85	54board and shall be responsible to the select board for the proper operation of Town affairs for
86	86	55which the town manager is given responsibility under this bylaw;
87	87	56 B. Under the authority of the select board, supervise, direct and be responsible for the
88	88	57efficient administration of all officers appointed by the town manager and their respective
89	89	58departments and of all other functions for which the town manager is given responsibility,
90	90	59authority or control by act, by-law, Town meeting vote or vote of the select board;
91	91	60 C. The town manager shall have the power to delegate, authorize or direct any
92	92	61subordinate or employee of the Town to exercise any power, duty or responsibility which the
93	93	62office of town manager is authorized to exercise under this bylaw. All actions that are performed
94	94	63under such delegation shall be deemed to be the actions of the town manager.
95	95	64 D. The town manager shall be authorized to act with regard to hiring and firing as
96	96	65follows::
97	97	66 1) Appoint and remove all non-elected department heads, in compliance with section
98	98	67(D)(2) paragraph, and approve the appointment and removal of all other town employees;
99	99	68 2) Consult with the appropriate elected or appointed board, commission, committee or
100	100	69official and the select board prior to making department head appointments or removals. Prior to
101	101	70finalizing a department head appointment, the town manager shall provide notice to the select
102	102	71board of the anticipated appointment and the terms and conditions of employment for the
103	103	72appointment. The select board shall approve or disapprove the appointment and the terms and
104	104	73conditions of employment within 14 days of notice to the select board. A failure of the select
105	105	74board to act in this 14 day period shall be considered approval 5 of 7
106	106	75 3) Adjust the terms and conditions of employment of department heads or the termination
107	107	76or removal of department heads subject to the same notice and approval requirements set forth in
108	108	77section (D)(2);
109	109	78 4) Appointments under this section shall be based on merit and fitness alone; and
110	110	79 5) Be responsible for posting on the town bulletin board and website notices of job
111	111	80opportunities.
112	112	81 E. The town manager shall have personnel management responsibilities as follows:
113	113	82 1) Administer personnel policies and any related matters for all municipal employees, by
114	114	83adopting appropriate practices, rules or regulations and to administer all collective bargaining
115	115	84agreements entered into by the Town; and
116	116	85 2) Negotiate, subject to the approval of the select board, all contracts with Town
117	117	86employees over wages and other terms and conditions of employment. The town manager may,
118	118	87subject to the approval of the select board, employ special counsel to assist in the performance of
119	119	88these duties.
120	120	89 F. The town manager shall have financial management responsibilities as follows:
121	121	90 1) Prepare and present an annual operating budget for the Town and present a capital
122	122	91improvement plan for the five (5) fiscal years next ensuing;
123	123	92 2) Be the chief procurement officer for the Town and award and execute contracts in
124	124	93accordance with and subject to the provisions of Chapter 30B ofMGL, and to appoint such
125	125	94assistant procurement officers as provided in Chapter 30B ofMGL; 6 of 7
126	126	95 3) Inspect and submit warrants for payment to the select board;
127	127	96 4) Approve the award of all contracts for all Town departments and committees;
128	128	97 5) Keep the select board and the finance committee fully informed as to the financial
129	129	98condition of the Town and to make recommendations to the select board and to other elected and
130	130	99appointed officials as the town manager deems necessary or expedient; and
131	131	100 6) Ensure that complete and full records of the financial and administrative activity of the
132	132	101Town are maintained and render reports to the select board as may be required, but not less than
133	133	102annually.
134	134	103 G. The town manager shall have the following administrative responsibilities :
135	135	104 1) Attend all regular and special meetings of the select board, unless excused;
136	136	105 2) Attend all sessions of the Town meeting and answer all questions addressed to the
137	137	106town manager which are related to the warrant articles and to matters under the general
138	138	107supervision of the town manager;
139	139	108 3) Administer either directly or through a person or persons supervised by the town
140	140	109manager, in accordance with this bylaw, provisions of general or special laws, bylaws and other
141	141	110votes of the Town meeting;
142	142	111 4) Investigate or inquire into the affairs of any Town department or office under the
143	143	112supervision of the town manager;
144	144	113 5) Coordinate activities of all Town departments, officers, boards or commissions of the
145	145	114Town; 7 of 7
146	146	115 6) Keep the select board fully informed as to the needs of the Town requiring action by
147	147	116the Town or as the town manager deems necessary or expedient;
148	148	117 7) Develop and maintain a full and complete inventory of all Town-owned real and
149	149	118personal property; and
150	150	119 8) Perform such other duties as necessary or as may be assigned by this by-law, Town
151	151	120meeting vote, act or vote of the select board.
152	152	121 SECTION 3. This act shall take effect upon its passage.