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3HOLLISTON, is hereby repealed.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