Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4030 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. 4543 FILED ON: 4/4/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 4030
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark D. Sylvia and Michael J. Rodrigues
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 relative to the organization and governance structure of the town of Rochester.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark D. Sylvia10th Bristol4/4/2025Michael J. RodriguesFirst Bristol and Plymouth4/4/2025 1 of 10
16	16	HOUSE DOCKET, NO. 4543 FILED ON: 4/4/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 4030
18	18	By Representative Sylvia of Fairhaven and Senator Rodrigues, a joint petition (accompanied by
19	19	bill, House, No. 4030) of Mark D. Sylvia and Michael J. Rodrigues (by vote of the town) relative
20	20	to the organization and governance structure of the town of Rochester. Municipalities and
21	21	Regional Government. [Local Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to the organization and governance structure of the town of Rochester.
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. The executive powers of the town of Rochester shall be vested in the select
31	31	2board, which shall have all the powers given to select boards and boards of selectmen by the
32	32	3General Laws, except for those executive powers granted to the town administrator.
33	33	4 The select board shall serve as the chief goal-setting and policy-making agency of the
34	34	5town of Rochester. The duties and responsibilities for day-to-day management of the town shall
35	35	6be delegated to the town administrator. The board shall act through the adoption of policy
36	36	7directives and guidelines which shall be implemented by the town administrator and the officers
37	37	8and employees appointed by, or under the authority of, the board. Individual select board
38	38	9members shall not purport to represent the board or exercise the authority of the board except
39	39	10when specifically authorized by the board.
40	40	11 The select board shall: 2 of 10
41	41	12 (a) enact rules and regulations to implement policies and to issue interpretations;
42	42	13 (b) exercise, through the town administrator, general supervision over all matters
43	43	14affecting the interests or welfare of the town;
44	44	15 (c) appoint the town counsel and any special counsels, and all members of committees,
45	45	16boards and commissions except the finance committee and except those appointed by the
46	46	17moderator, elected by the voters, or under the jurisdiction of the school committee, and may
47	47	18make appointments to temporary posts and committees the board creates for special purposes;
48	48	19 (d) have general administrative oversight of such boards, committees and commissions
49	49	20appointed by the select board;
50	50	21 (e) have the responsibility and authority for licenses and other quasi-judicial functions as
51	51	22provided by the General Laws and by the by-laws of the town of Rochester;
52	52	23 (f) issue all town meeting warrants;
53	53	24 (g) review the annual proposed budget submitted by the town administrator and make
54	54	25recommendations with respect to the annual proposed budget as the board deems advisable;
55	55	26provided, however, that the town administrator shall present the budget to the town meeting,
56	56	27incorporating the recommendations of the select board and finance committee;
57	57	28 (h) appoint, and may re-appoint, and enter into a contract for the employment of a town
58	58	29administrator for a term not to exceed what is allowed by statute and such appointment shall be
59	59	30subject to the qualifications and criteria set forth in the first paragraph of section 2; 3 of 10
60	60	31 (i) remove the town administrator at any time, for cause, upon seven (7) days prior
61	61	32written notice, and after hearing at which the town administrator shall have the right to be
62	62	33represented by counsel, in accordance with the terms of the town administrator's contract;
63	63	34 (j) set the compensation for the town administrator, not to exceed the amount
64	64	35appropriated by the town meeting; and
65	65	36 (k) designate a qualified person as acting town administrator to perform the duties of the
66	66	37office during any vacancy exceeding 30 days, caused by the town administrator's absence,
67	67	38illness, suspension, removal or resignation; provided, that the appointment of an acting town
68	68	39administrator shall be for a period not to exceed 180 days.
69	69	40 SECTION 2. The town administrator appointed pursuant to clause (h) of the third
70	70	41paragraph of section 1 shall be a person with executive and administrative qualifications and
71	71	42especially fitted by education, training and experience to perform the duties of the office;
72	72	43provided, that the town may from time to time, by by-law, establish such additional
73	73	44qualifications as it deems necessary and appropriate. The person appointed as town administrator
74	74	45shall not have served in an elective office in or for the town of Rochester for the appropriate
75	75	46cooling off period required by the conflict of interest law, prior to their appointment. The town
76	76	47administrator shall devote full time to the office and shall not hold any other public office,
77	77	48elective or appointive, and shall not engage in any other business, occupation or profession
78	78	49during the term of office, unless such action is approved in advance, in writing by the select
79	79	50board. The select board may enter into a formal contract with the town administrator consistent
80	80	51with the provisions of this act which shall take precedence over any personnel by-laws. The town
81	81	52administrator shall be a citizen of the United States of America and need not be a resident of the 4 of 10
82	82	53town of Rochester. The select board shall evaluate annually the performance of the town
83	83	54administrator, based on mutually established predetermined goals, standards or criteria for
84	84	55performance and the evaluation shall, at least in summary form, be a public record.
85	85	56 The town administrator shall be the chief administrative officer of the town of Rochester
86	86	57and shall act as the agent for the select board. The town administrator shall be responsible to the
87	87	58select board for coordinating and administering all town affairs under the jurisdiction of the
88	88	59select board.
89	89	60 The town administrator's powers and duties shall include those outlined in subsections (a)
90	90	61to (cc), inclusive.
91	91	62 (a) Consult and advise the select board regarding its policies and implement those
92	92	63policies.
93	93	64 (b) Attend all meetings of the select board, except when excused, and consult with and
94	94	65advise the select board on all matters that come before the board.
95	95	66 (c) Attend all town meetings and advise the town meeting on all warrant articles within
96	96	67the jurisdiction of the select board.
97	97	68 (d) Attend all finance committee meetings, except when excused by the select board, and
98	98	69keep the finance committee informed on all matters under the jurisdiction of the town
99	99	70administrator that come before the committee.
100	100	71 (e) Manage and direct the daily reporting and supervision of all town departments under
101	101	72the jurisdiction of the select board including: building commissioner, police, civil defense,
102	102	73animal control officer, gas inspector, plumbing inspector, wiring inspector and weights and 5 of 10
103	103	74measures inspector, recreation, highway staff, planning, finance, finance director, treasurer,
104	104	75accounting, veterans, town counsel, other committees appointed by and under the jurisdiction of
105	105	76the select board and the fire department, subject to section 42 of chapter 48 of the General Laws.
106	106	77 (f) Review and advise the select board on all warrants for the payment of town funds as
107	107	78prepared by the town accountant in accordance with section 56 of chapter 41 of the General
108	108	79Laws.
109	109	80 (g) Except with respect to the school department, the town administrator shall: (1) have
110	110	81sole authority over the administration of personnel policies for all town employees, unless
111	111	82otherwise stated in statute or bylaws, including but not limited to personnel policies and
112	112	83practices, rules and regulations and standards, including provisions for an annual employee
113	113	84performance review, and the consolidated personnel by-law; and (2) prepare the job
114	114	85compensation plan for consideration of town meeting if necessary. With respect to the fire
115	115	86department, such authority shall be subject to section 42 of chapter 48 of the General Laws.
116	116	87 (h) Administer the town's insurance policies, including the ability to settle claims;
117	117	88provided, however, that all insurance contracts and claims settlements shall receive the approval
118	118	89of the select board.
119	119	90 (i) With the approval of the select board, appoint and remove all department heads under
120	120	91the direct control of the select board; provided that each department head, with approval of the
121	121	92town administrator, shall appoint and remove all department staff within their respective
122	122	93departments. All appointments shall be based entirely on merit and fitness. The town
123	123	94administrator shall be responsible for the initial screening of all applicants and shall recommend
124	124	95to the select board finalists for the positions of fire chief, police chief and all applicable 6 of 10
125	125	96department heads. The select board shall maintain the right to appoint a member to sit on any
126	126	97search committee for a department head position. All appointments and terminations shall be
127	127	98conducted in accordance with the General Laws, personnel policies, by-laws of the town of
128	128	99Rochester and any applicable employment contracts; provided, that fire department appointments
129	129	100shall also be subject to section 42 of chapter 48 of the General Laws.
130	130	101 (j) With the approval of the select board, reorganize any departmental structures under
131	131	102the jurisdiction of the select board.
132	132	103 (k) With the approval of the select board, negotiate all collective bargaining agreements
133	133	104on behalf of the town, except for the school department. The town administrator may seek the
134	134	105assistance of labor counsel if the town administrator deems it necessary to effectuate successful
135	135	106negotiations. All final agreements must be approved and executed by the select board. The town
136	136	107administrator shall serve as the town's designee for school employee negotiations and shall
137	137	108participate and vote as a member of the town's school committee.
138	138	109 (l) With the approval of the select board, execute contracts on behalf of the town.
139	139	110 (m) With the approval of the select board, establish compensation packages for all town
140	140	111employees under the jurisdiction of the select board, not subject to a collective bargaining
141	141	112agreement. Such compensation shall not exceed the amount appropriated therefore by town
142	142	113meeting and shall be subject to all applicable statutes and by-laws.
143	143	114 (n) Submit to the select board a written proposed budget for town government for the
144	144	115ensuing fiscal year. The proposed budget shall detail all estimated revenue from all sources, and
145	145	116all proposed expenditures, including debt service for the previous, current and ensuing 5 years.
146	146	117The proposed budget shall include proposed expenditures for both current operations and capital 7 of 10
147	147	118projects during the ensuing year, detailed by department, committee, agency, purpose and
148	148	119position and proposed financing methods. The proposed budget shall include estimated revenues
149	149	120and free cash available at the close of the fiscal year, including estimated balances in special
150	150	121accounts. The town may, by by-law, establish additional financial information and reports to be
151	151	122provided by the town administrator. To assist the town administrator in preparing the proposed
152	152	123annual budget of revenue and expenditures, the finance director, all boards, officers and
153	153	124committees of the town, including the school committee, shall furnish to the town administrator,
154	154	125in a writing in such a form as the town administrator shall establish, all relevant information in
155	155	126their possession, including a detailed estimate of the appropriations required and any available
156	156	127funds.
157	157	128 (o) Establish calendar dates by which the proposed budget, revenue statement and tax rate
158	158	129estimate are to be submitted to the select board.
159	159	130 (p) Direct action as deemed necessary to ensure that all operating and capital budgets
160	160	131under the direct control of the town administrator are maintained in accordance with the town
161	161	132meeting vote that approved those budgets and coordinate efforts with the governing bodies of
162	162	133those departments not under the direct supervision of the town administrator to ensure that those
163	163	134operating and capital budgets are maintained in accordance with the town meeting vote that
164	164	135approved those budgets.
165	165	136 (q) Keep and complete records of the office of the town administrator and annually
166	166	137submit to the select board, unless requested to do so more frequently, a full report of the
167	167	138operations of the office.
168	168	139 (r) Be responsible for coordination of operational and strategic planning for the town. 8 of 10
169	169	140 (s) Serve as the procurement officer for the town and establish and enforce procurement
170	170	141policies and guidelines in accordance with applicable state laws.
171	171	142 (t) Manage and oversee the use, maintenance, security and, with the approval of the select
172	172	143board, regulate the rental for all the town buildings, properties and facilities, including
173	173	144information technology, except those under the jurisdiction of the school department, unless
174	174	145requested by the school department.
175	175	146 (u) Prepare the application of all town warrants for approval by the select board.
176	176	147 (v) With the approval of the select board, prosecute, defend and settle all litigation for or
177	177	148against the town, subject to such appropriation as may be necessary to effect settlement, except
178	178	149for litigation involving only the school department, or its officers and employees.
179	179	150 (w) Review current bylaws, regulations and policies that affect the departments and
180	180	151agencies under the jurisdiction of the select board and make recommendations for changes as
181	181	152deemed necessary.
182	182	153 (x) Negotiate contracts and grants that the select board is authorized by law to enter into,
183	183	154subject to final approval and execution by the select board.
184	184	155 (y) Act as liaison and represent the select board before state, federal and regional
185	185	156authorities.
186	186	157 (z) Develop and maintain a full and complete inventory of all town-owned real and
187	187	158personal property.
188	188	159 (aa) Delegate and direct any qualified town official or employee to carry out any duty
189	189	160that is within the authority of the town administrator. 9 of 10
190	190	161 (bb) During a temporary absence, with the approval of the select board, designate a
191	191	162qualified administrative employee or officer to exercise the powers and perform the duties of the
192	192	163town administrator.
193	193	164 (cc) Perform any other duties or tasks assigned by the select board pursuant to contract
194	194	165negotiations, that do not conflict with any statute or bylaw.
195	195	166 SECTION 3. The town administrator of the town of Rochester shall have access to all
196	196	167municipal books, papers and documents or information necessary for the proper performance of
197	197	168the duties of the town administrator. The town administrator may, without notice, cause the
198	198	169affairs of any division or department under the town administrator's supervision, or the conduct
199	199	170of any officer or employee thereof, to be examined.
200	200	171 SECTION 4. All laws, by-laws, votes, rules and regulations, whether enacted by
201	201	172authority of the town of Rochester or any other authority, which are in force in the town on the
202	202	173effective date of this act, not inconsistent with this act, shall continue in full force and effect.
203	203	174 SECTION 5. No contract existing, and no action at law or suit in equity, or other
204	204	175proceeding pending, on the effective date of this act shall be affected by this act.
205	205	176 SECTION 6. The town of Rochester shall be governed by this act. To the extent that this
206	206	177act modifies or repeals existing General Laws and special acts or the by-laws of the Town of
207	207	178Rochester, this act shall govern.
208	208	179 SECTION 7. This act shall not impair the rights or obligations of any person holding a
209	209	180town office, or employed by the town, on its effective date, except those duties assigned by this
210	210	181act to another officer or employer, and except those duties which are subsequently assigned to 10 of 10
211	211	182another officer or employee pursuant this act. No person who continues in the permanent full-
212	212	183time service or employment of the town shall forfeit their pay, grade or time in service as a result
213	213	184of this act.
214	214	185 SECTION 8. This act shall take effect upon its acceptance by the town of Rochester by a
215	215	186vote at town meeting.