Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5119 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 5461 FILED ON: 10/29/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 5119
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James C. Arena-DeRosa
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 select board-town manager form of government in the town of Holliston.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James C. Arena-DeRosa8th Middlesex10/22/2024 1 of 11
16	16	HOUSE DOCKET, NO. 5461 FILED ON: 10/29/2024
17	17	HOUSE . . . . . . . . . . . . . . . No. 5119
18	18	By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No.
19	19	5119) of James C. Arena-DeRosa (by vote of the town) for legislation to create a select board-
20	20	town manager form of government in the town of Holliston. Municipalities and Regional
21	21	Government. [Local Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act creating select board-town manager form of government in the town of Holliston.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 94 of the acts of 1994, entitled AN ACT ESTABLISHING A
31	31	2SELECT BOARD-ADMINISTRATOR FORM OF GOVERNMENT IN THE TOWN OF
32	32	3HOLLISTON, is hereby repealed.
33	33	4 SECTION 2. (a) The Town Manager shall be the chief administrative and operating
34	34	5officer of the town, with the following authority and duties, provided however that the Holliston
35	35	6School Committee shall retain any and all authority conferred on it under Massachusetts General
36	36	7Law.
37	37	8 (b) The Town Manager shall be responsible for managing, supervising and executing all
38	38	9of the activities under this act and in compliance with federal and state law and the town code
39	39	10and town policies. 2 of 11
40	40	11 (c) The Town Manager shall not set town policy, but shall work with the Select Board to
41	41	12implement its policy directives, and ensure there is appropriate coordination in the
42	42	13implementation of town policy working across all town departments in conjunction with all
43	43	14elected and appointed boards, commissions and committees.
44	44	15 (d) The Town Manager shall ensure that all town employees, boards, commissions and
45	45	16committees comply with the town's financial, personnel and legal policies and procedures, as
46	46	17well as all town meeting votes, town code, federal and state law and all regulations.
47	47	18 (e) The Town Manager shall be responsible for the management of all financial,
48	48	19administrative and operational affairs of the town and town departments and all boards,
49	49	20commissions and committees but excluding the school department; provided, however, that all
50	50	21boards, commissions and committees shall continue to exercise permitting or policy-making
51	51	22authority as provided by state law.
52	52	23 (f) The Town Manager shall be responsible for overseeing, coordinating and making
53	53	24recommendations that may impact town boards, commissions and committees, broadly or in
54	54	25detail, regarding town financial, personnel and legal activities, including but not limited to:
55	55	26executing the weekly accounts payable and payroll warrants and reporting bi-monthly to the
56	56	27Select Board on spending, approving event permits with the exception of those permits that
57	57	28require permission to serve or sell alcohol as may be required under G.L. c. 138. The Town
58	58	29Manager shall also be afforded the authority to accept allowable donations and gifts on behalf of
59	59	30the Town, as may be required pursuant to G.L. c. 44, s. 53A, excepting gifts to the School
60	60	31Department. 3 of 11
61	61	32 (g) The Town Manager shall understand and have a working knowledge of the statutory
62	62	33and regulatory authority and responsibility held by department heads and elected and appointed
63	63	34boards, commissions and committees so the town manager can effectively support these officers
64	64	35in the execution of their duties. Unless expressly stated in this act, nothing in this act shall
65	65	36reassign policy-making or permit granting statutory authority of any department head or any
66	66	37elected or appointed board, commission or committee to the Town Manager.
67	67	38 (h) With respect to town policies and programs that impact multiple areas of town
68	68	39government, the Town Manager shall work with all elected and appointed boards, commissions
69	69	40and committees and town department heads and shall be responsible for ensuring there is
70	70	41appropriate administration and coordination in the: (i) implementation and on-going adherence to
71	71	42town policies; and (ii) development and execution of such policies and programs.
72	72	43 (i) With respect to the development, implementation and execution of policies and
73	73	44programs affecting various town departments, the Town Manager shall:
74	74	45 (i) coordinate the setting of priorities with the rest of the town government;
75	75	46 (ii) communicate activities, including projects, plans and studies, so that necessary
76	76	47input is received from all areas of town government that should be involved in those initiatives;
77	77	48and
78	78	49 (iii) coordinate efforts so that cross-functional services to residents and others are
79	79	50effectively and consistently delivered.
80	80	51 (j) With the exception of the school department, to streamline services, the Town
81	81	52Manager may create new departments, reorganize, eliminate or consolidate town departments or 4 of 11
82	82	53functions, in whole or in part, and assign functions of a department to another department,
83	83	54subject to the approval of the Select Board.
84	84	55 (k) The Town Manager shall oversee crisis intervention in emergency situations, with the
85	85	56exception of the school department, working with other key town department heads, and shall
86	86	57address any systemic problems impacting multiple areas of the town as they arise. The Town
87	87	58Manager shall ensure priority items are properly attended to and bring concerns about problem
88	88	59resolution to related boards, commissions and committees and, ultimately, to the Select Board for
89	89	60assistance in resolution, if necessary.
90	90	61 SECTION 3. (a) The Town Manager shall have the authority and duties described in this
91	91	62section, provided however that the Holliston School Committee shall continue to enjoy the
92	92	63authority and responsibilities over educational financial issues, as may be conferred under the
93	93	64General Laws of the Commonwealth.
94	94	65 (b) The town manager shall initiate, draft and have general oversight of the process of
95	95	66preparing the town’s annual operating and capital budgets for submission to the Select Board and
96	96	67Finance Committee.
97	97	68 (i) On or before December 31 of each year, the Town Manager shall meet with the
98	98	69Finance Committee and shall jointly develop a revenue model for the upcoming fiscal year.
99	99	70Updates to said revenue model may be made by agreement between the Town Manager and the
100	100	71Finance Committee.
101	101	72 (ii) To assist the Town Manager in preparing the proposed annual operating and
102	102	73capital budgets, all department heads, boards, commissions and committees of the town,
103	103	74including the school department, shall furnish all relevant information and submit to the Town 5 of 11
104	104	75Manager, in writing and in such form as the town manager shall prescribe, a detailed estimate of
105	105	76the appropriations required and available funds.
106	106	77 (c) The Town Manager shall draft and update a 5-year capital improvement plan for all
107	107	78town departments for submission to the finance committee.
108	108	79 (d) The Town Manager shall consult with the finance staff and Finance Committee in the
109	109	80development of operating and capital budgets in order to:
110	110	81 (i) develop long-term financial strategies addressing operational and capital financial
111	111	82needs of the town;
112	112	83 (ii) establish and set budgetary guidelines to be used in the development of annual
113	113	84budgets, utilizing the revenue model established through Section 3(b)(i);
114	114	85 (iii) review all operating and capital budgets of all town departments and make
115	115	86recommendations to the affected boards, commissions and committees and to the finance
116	116	87committee about priorities important to budget development; and
117	117	88 (iv) evaluate actual expenditures and receipts against budgets and coordinate with
118	118	89affected department heads, boards, commissions and committees the development of plans to
119	119	90manage to the budget or obtain finance committee approval for reserve fund transfers, in advance
120	120	91of spending, when possible.
121	121	92 (e) The Town Manager shall serve as the town’s chief procurement officer pursuant to
122	122	93state and federal law and shall ensure that all town departments comply with applicable
123	123	94procurement laws. The Town Manager may, in the Town Manager’s discretion, delegate any
124	124	95procurement responsibilities to a qualified designee. 6 of 11
125	125	96 (f) Unless any general or special law provides to the contrary, the Town Manager may
126	126	97execute all grant applications and shall award and execute all contracts binding the town up to a
127	127	98set amount to be established by policy set by the Select Board, provided however that the
128	128	99Holliston School Committee shall retain any and all authority to seek or accept grants and accept
129	129	100gifts, as such authority may be conferred under the General Laws of the Commonwealth.
130	130	101 SECTION 4. (a) Except as expressly provided in this act, the Town Manager shall
131	131	102appoint or hire, on the basis of merit and fitness alone, all department heads or similar positions,
132	132	103in consultation with the respective boards, commissions and committees that the department
133	133	104heads or similar positions support and in compliance with any applicable provision of a
134	134	105collective bargaining agreement, with the exception of the school department. Prior to any such
135	135	106appointment, the Town Manager shall, at the option of any such board, commission, or
136	136	107committee, meet with the same for the purpose of reaching consensus on the process of making
137	137	108any such appointment. This provision shall supersede any contrary provision of the General
138	138	109Bylaws of Holliston, for which appointment or hiring for such positions may be specified.
139	139	110 (b) The Town Manager shall ultimately be responsible for appointing or hiring
140	140	111subordinates to department heads or for boards and commissions, subject to the consultation
141	141	112therewith. Unless otherwise provided by the terms of an applicable collective bargaining
142	142	113agreement, the department head or similar position may, with the consent of the Town Manager
143	143	114or their designee, appoint on the basis of merit and fitness alone, all subordinate employees of
144	144	115each town department, with the exception of the school department. 7 of 11
145	145	116 (c) Unless otherwise provided under this act, the Town Manager shall be responsible for
146	146	117appointing or hiring of all other employees for whom no other method of appointment or hiring
147	147	118is provided by the town code or other special act.
148	148	119 (d) The Town Manager may, for cause, discipline or remove any department head or
149	149	120similar position, with the exception of the school department, and shall, in consultation with the
150	150	121applicable department head or similar position, discipline or remove all subordinate employees
151	151	122of each town department, with the exception of the school department.
152	152	123 (e) The Town Manager shall appoint, on the basis of merit and fitness alone, with
153	153	124ratification by a vote of a majority of the Select Board, and evaluate, discipline and, for cause,
154	154	125remove, without the ratification of the Select Board:
155	155	126 (i) a police chief;
156	156	127 (ii) a fire chief;
157	157	128 (iii) a public works director; and
158	158	129 (iv) an Assistant Town Manager.
159	159	130 (f) In the event of a vacancy, disability or absence anticipated to be greater than 30 days
160	160	131of any department head or any position appointed by the Town Manager, the Town Manager
161	161	132may appoint another person to serve in an acting or interim capacity for the period of such
162	162	133vacancy, disability or absence.
163	163	134 (g) Working with the town’s human resource department, the Town Manager shall be
164	164	135responsible for the daily administration of the town-wide personnel system, including the
165	165	136maintenance of personnel records and the enforcement of personnel policies, rules and 8 of 11
166	166	137regulations and managing personnel costs to ensure maximum efficiency and fairness across
167	167	138town departments, provided however that the School Committee shall continue to have any and
168	168	139all authority over educational personnel, as such authority may be conferred under the General
169	169	140Laws of the Commonwealth.
170	170	141 (h) The Town Manager shall develop a performance evaluation process and establish
171	171	142performance standards not inconsistent with any terms of any collective bargaining agreement.
172	172	143 (i) The Town Manager shall be responsible for the annual evaluation of job performance
173	173	144of all town department heads, excluding the school department, and shall incorporate any input
174	174	145or recommendations received from any elected or appointed board, commission or committee
175	175	146served by such department heads. The Town Manager shall be responsible for ensuring the
176	176	147completion of annual evaluations of the job performance of all subordinate town employees,
177	177	148excluding those of the school department. The evaluation of the Town Manager shall be
178	178	149performed annually by the Select Board.
179	179	150 (j) The Town Manager shall serve as the agent of the Select Board and negotiate
180	180	151collective bargaining agreements on behalf of the Select Board in accordance with chapter 150E
181	181	152of the General Laws; provided, however, that such agreements shall be subject to ratification by
182	182	153the Select Board and subject to funding by town meeting. The Town Manager may utilize the
183	183	154services of counsel and designate appropriate employees to assist with collective bargaining.
184	184	155 SECTION 5. (a) The Town Manager shall be responsible for the construction,
185	185	156reconstruction, restoration, rehabilitation, repair and maintenance of all town buildings and all
186	186	157town real and personal property, and information technology and infrastructure, excepting such
187	187	158real and personal property as may be subject to the custody and control of another town entity, 9 of 11
188	188	159pursuant to state law, including, without limitation, the School Committee. Nothing in this
189	189	160section shall confer any authority upon the Town Manager to have access to information that is
190	190	161otherwise unauthorized under state law.
191	191	162 (b) The Town Manager shall, directly or through the town’s various departments, boards,
192	192	163commissions and committees, maintain an inventory of all town-owned real and personal
193	193	164property.
194	194	165 SECTION 6. (a) Upon the effective date of this act, the position of Town Administrator
195	195	166shall be abolished and the incumbent thereof shall serve as the acting Town Manager, or if there
196	196	167is no incumbent, the Select Board shall appoint an acting Town Manager. The acting Town
197	197	168Manager shall serve until the Select Board appoints a permanent Town Manager.
198	198	169 (b) Following the effective date of this act, the Select Board shall appoint a Town
199	199	170Manager, and if the Select Board so chooses, the incumbent Town Administrator may be
200	200	171appointed town manager on a permanent basis.
201	201	172 (c) Following the effective date of this act, any reference to the Town Administrator
202	202	173existing in any provision of the town code or any other special act shall be construed as referring
203	203	174to the Town Manager. All powers and duties conferred upon the Town Administrator by the
204	204	175town code or other special act shall be vested in the Town manager, unless otherwise provided in
205	205	176this act.
206	206	177 (d) Following the effective date of this act, the provisions of this act shall supersede any
207	207	178inconsistent provisions of the town code. 10 of 11
208	208	179 (e) Following the effective date of this act, all town officers, boards, commissions and
209	209	180employees shall continue to perform their duties in the same manner and to the same extent as
210	210	181they have performed the same prior to the enactment of this act, except that, upon the
211	211	182appointment of a Town Manager, the powers and duties outlined in this act shall be vested in the
212	212	183Town Manager.
213	213	184 SECTION 7. The Town Manager may be removed by an affirmative vote of a majority
214	214	185of the Select Board, in accordance with the Town Manager’s contract, if applicable.
215	215	186 SECTION 8. If the Town Manager shall be absent from their office for not more than 14
216	216	187days, the Town Manager may designate a qualified person to serve as the acting Town Manager
217	217	188and to perform the duties of the office of the Town Manager during this period of absence,
218	218	189subject to the ratification of the Select Board, and the Town Manager fails or is unable to do so
219	219	190or if the Select Board chose not to ratify the Town Manager’s designee, the Select Board may
220	220	191appoint a qualified person to serve as the acting town manager and to perform the duties of the
221	221	192office of the town manager during the period of any vacancy caused by the Town Manager’s
222	222	193absence. The appointment by the Select Board shall be for a period of not more than 6 months,
223	223	194but such appointment may be extended by majority vote of the Select Board.
224	224	195 SECTION 9. If there is a conflict between any provision of this act and any provision of
225	225	196the town code, rules, regulations, orders, special acts, acceptances of laws or other special acts
226	226	197pertaining to the town of Holliston, this act shall prevail. All other provisions of town code,
227	227	198resolutions, rules, regulations and votes of the town meeting that are in force at the time this act
228	228	199is enacted, not inconsistent with or superseded by the provisions of this act, shall continue in full
229	229	200force and effect until amended or repealed. Boards, Committees and officials that have authority 11 of 11
230	230	201derived under State law shall continue to enjoy such authority, provided that such authority is not
231	231	202directly abridged by the terms thereof.
232	232	203 SECTION 10. This form of government shall take effect upon its passage.
233	233	204 SECTION 11. This act shall take effect upon its passage.