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FILED ON: 6/8/2023
HOUSE . . . . . . . . . . . . . . . No. 3907
Substituted by the House, on motion of Mr. Walsh of Peabody, for a bill with the same title
(House, No. 2100, changed) [Local Approval Received]. June 8, 2023.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act creating the offices of select board and town manager in the town of Sandisfield.
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. (a) Notwithstanding any general or special law to the contrary, there shall
2be in the town of Sandisfield a select board consisting of 3 members elected for terms of 3 years
3each, so arranged that 1 term of office shall expire each year. Vacancies in the office of select
4board shall be filled by a special or regular election in accordance with the provisions of the
5General Laws. Except as specifically provided by this act, the select board shall have all of the
6executive powers given to boards of selectmen by the General Laws.
7 (b) The select board shall have, but not be limited to, the following executive powers:
8 (1) serve as the chief policy making body of the town;
9 (2) authority to enter into intergovernmental or public or private agreements consistent
10with law on such terms as it deems beneficial to the residents of the town;
11 (3) formulate and promulgate policy directives and guidelines to be followed by all town
12agencies serving under it, and in conjunction with other elected town officers and multiple 2 of 7
13member bodies to develop and promulgate policy guidelines designed to bring the operation of
14all town agencies into harmony; provided, however, that nothing in this section shall be
15construed to authorize any member of the select board or a majority of such members, to become
16involved in the day-to-day administration of any town agency. The select board shall act only
17through the adoption of broad policy guidelines, which are to be implemented by officers and
18employees serving under it;
19 (4) enforce the by-laws, rules and regulations for the government of the town and keep an
20up-to-date record of all its official acts;
21 (5) appoint the town manager and town counsel and approve the hire of the town audit
22firm, which shall be chosen by the town manager;
23 (6) serve as the licensing board of the town and have the power to issue licenses, to make
24all necessary rules and regulations regarding the issuance of such licenses and to attach such
25conditions and restrictions thereto as it deems to be in the public interest. The select board shall
26enforce the laws relating to all businesses for which it issues such licenses. The select board
27under this provision may delegate or reorganize any local licensing authority or process
28notwithstanding any general laws relating to local governance to the contrary;
29 (7) provide timely audits as required by law. The audits shall be made by a certified
30public accountant, or firm of such accountants, who have no personal interests, direct or indirect,
31in the fiscal affairs of the town government of the town of Sandisfield or any of its officers; and
32 (8) develop, in consultation with the town manager, a personnel system to include, but
33not be limited to, classifications and pay schedules, benefit programs, personnel and hiring
34policies and practices and regulations for town employees. 3 of 7
35 SECTION 2. (a) Notwithstanding the provisions of section 23A of chapter 41 of the
36General Laws or any other general or special law to the contrary, there shall be in the town of
37Sandisfield a town manager appointed by the select board who shall serve at the pleasure of the
38board. The town manager shall be especially fitted by education, training and experience in
39public or business administration to perform the duties of the office. The select board may enter
40into a contract with the town manager for salary, fringe benefits and other conditions of
41employment including, but not limited to, severance pay, relocation expenses, reimbursement for
42expenses incurred in the performances of duties or office, liability insurance and leave. The town
43manager shall receive such compensation as the select board shall determine within the amount
44appropriated therefor by the town.
45 (b) Any vacancy in the office of town manager shall be filled by the select board with all
46due haste. Until an appointment is made to fill the vacancy of town manager, the select board
47shall appoint a suitable person including, but not limited to, an employee of the town to perform
48the duties of the office, which shall be known as the temporary town manager. In the event of the
49temporary absence or disability of the town manager lasting more than 5 consecutive business
50days, the select board may designate a qualified person to serve as acting town manager during
51such temporary absence or disability.
52 (c) The town manager shall have the following duties and responsibilities:
53 (1) serve as the chief administrative officer of the town, and shall act as the agent for the
54select board and shall be responsible to the select board for the proper operation of town affairs
55for which the town manager is given responsibility under this act; 4 of 7
56 (2) under the authority of the select board, supervise, direct and be responsible for the
57efficient administration of all officers appointed by the town manager and their respective
58departments and of all other functions for which the town manager is given responsibility,
59authority or control by act, by-law, town meeting vote or vote of the select board; and
60 (3) delegate, authorize or direct any subordinate or employee of the town to exercise any
61power, duty or responsibility that the office of town manager is authorized to exercise under this
62act. All actions that are performed under such delegation shall be deemed to be the actions of the
63town manager.
64 (d) The town manager may act with regard to appointment and removal as follows:
65 (1) appoint and remove all non-elected department heads, in compliance with clause (2),
66and approve the appointment and removal of all other town employees;
67 (2) consult with the appropriate elected or appointed board, commission, committee or
68official and the select board prior to making department head appointments or removals. Prior to
69finalizing a department head appointment, the town manager shall provide notice to the select
70board of the anticipated appointment and the terms and conditions of employment for the
71appointment. The select board shall approve or disapprove the appointment and the terms and
72conditions of employment within 14 days of notice to the select board. A failure of the select
73board to act in this 14 day period shall be considered approval;
74 (3) adjust the terms and conditions of employment of department heads or the termination
75or removal of department heads subject to the same notice and approval requirements set forth in
76clause (2); and 5 of 7
77 (4) be responsible for posting on the town bulletin board and website notices of job
78opportunities.
79 (5) Appointments under this subsection shall be based on merit and fitness.
80 (e) The town manager shall have personnel management responsibilities as follows:
81 (1) administer personnel policies and any related matters for all municipal employees by
82adopting appropriate practices, rules or regulations and to administer all collective bargaining
83agreements entered into by the town; and
84 (2) negotiate, subject to the approval of the select board, all contracts with town
85employees over wages and other terms and conditions of employment. The town manager may,
86subject to the approval of the select board, employ special counsel to assist in the performance of
87these duties.
88 (f) The town manager shall have financial management responsibilities as follows:
89 (1) prepare and present an annual operating budget for the town and present a capital
90improvement plan for the next 5 fiscal years;
91 (2) serve as the chief procurement officer for the town and award and execute contracts in
92accordance with, and subject to, the provisions of chapter 30B of the General Laws, and to
93appoint such assistant procurement officers as provided in said chapter 30B;
94 (3) inspect and submit warrants for payment to the select board;
95 (4) approve the award of all contracts for all town departments and committees; 6 of 7
96 (5) keep the select board and the finance committee fully informed as to the financial
97condition of the town and to make recommendations to the select board and to other elected and
98appointed officials as the town manager deems necessary or expedient; and
99 (6) ensure that complete and full records of the financial and administrative activity of the
100town are maintained and render reports to the select board as may be required but not less than
101annually.
102 (g) The town manager shall have the following administrative responsibilities:
103 (1) attend all regular and special meetings of the select board, unless excused by the
104select board;
105 (2) attend all sessions of the town meeting and answer all questions addressed to the town
106manager that are related to the warrant articles and to matters under the general supervision of
107the town manager;
108 (3) administer, either directly or through a person or persons supervised by the town
109manager in accordance with this act, provisions of general or special laws, bylaws and other
110votes of the town meeting;
111 (4) investigate or inquire into the affairs of any town department or office under the
112supervision of the town manager;
113 (5) coordinate activities of all town departments, officers, boards or commissions;
114 (6) keep the select board fully informed as to the needs of the town requiring action by
115the town or as the town manager deems necessary or expedient; 7 of 7
116 (7) develop and maintain a full and complete inventory of all town-owned real and
117personal property; and
118 (8) perform such other duties as necessary or as may be assigned by this act, town
119meeting vote or vote of the select board.
120 SECTION 3. This act shall take effect upon its passage.