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Session Laws

1985

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CHAPTER 230 AN ACT ESTABLISHING THE POSITION OF EXECUTIVE ADMINISTRATOR IN THE TOWN OF WEYMOUTH.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. There is hereby established in the town of Weymouth, hereinafter referred to as the town, the position of executive administrator. Such position shall be filled by a person qualified in accordance with the by-laws of the town who shall devote full time to the duties of his position and shall neither hold nor be a candidate for any public elective office or engage in any other business or occupation during his term. Any person appointed or reappointed to such a position shall meet such additional qualifications as may be established by by-law, or until adoption of any such by-law, by the personnel board of the town jointly with the appointing authority. The person appointed to the position of executive administrator shall be or become, and remain as a resident of and domiciled in the town at the time of or within six months after appointment.

SECTION 2. The board of selectmen shall, by majority vote of the members thereof, appoint the executive administrator for a term of three years and may by majority vote of the members thereof appoint a temporary or interim executive administrator; provided, however, that no person shall hold a temporary or interim appointment to such position for more than ninety days. Compensation shall be established within the classification and pay plan of the town by-law for the salary of the executive administrator and as set by the personnel board. Any person holding the position of executive administrator may be removed therefrom by a four-fifths vote of the members of the board of selectmen taken after due written notice to the executive administrator and a public hearing at which the reasons for removal shall be set forth and at which the executive administrator shall be entitled to be heard.

SECTION 3. The duties and responsibilities of the position of executive administrator shall be as follows:

(a) except as otherwise expressly prohibited by General Law or by-law of the town, he shall supervise, direct and be responsible for the efficient administration, including the preparation of budgets, of all departments and employees within the jurisdiction of, or appointed by, the board of selectmen;

(b) he shall recommend to the board of selectmen persons from among those meeting the qualifications established by General Law, by-laws of the town or regulations established thereunder for appointment as department heads of all departments the heads of which are appointed by the board of selectmen, from which recommendations such appointments shall be made; all such department heads shall appoint from among those meeting the qualifications established by General Law, by-laws of the town or regulations established thereunder, and have power to remove all assistants and employees of such departments, subject only to contrary provisions of the General Laws, by-laws of the town or regulations established thereunder, and the prior approval in writing by the executive administrator or persons so appointed or of such removal; he shall recommend in writing to the board of selectmen the removal of any such department head for cause, setting forth in such recommendation specific reasons and fact supporting such recommendation;

(c) he shall have access to all town books, papers, and records for information necessary for the proper performance of his duties; and

(d) he shall have such additional duties and responsibilities as may from time to time be delegated by the board of selectmen or authorized by by-law, and he shall be relieved of such duties and responsibilities as so provided by by-law;

(e) he shall attend all regular and special meetings of the board of selectmen unless excused, and have a voice but no vote in all of its discussions;

(f) he shall attend all sessions of the town meetings, answer questions and provide information as requested;

(g) he shall exercise general supervision and authority over the personnel, organization, systems and practices of the board of selectmen's office;

(h) he shall keep the board of selectmen informed as to the financial conditions and needs of the town, in conjunction with the town accountant, and shall make such recommendations to the board of selectmen as he deems necessary or expedient;

(i) he shall enforce the policies of the board of selectmen, votes of town meetings, by-laws and provisions of the General Laws;

(j) he may negotiate collective bargaining agreements for the board of selectmen which shall be subject to final approval by the board;

(k) he shall be responsible for the proper maintenance and repair of town-owned property under the jurisdiction of the board of selectmen; shall prepare and administer lease agreements as executed by the board of selectmen;

(l) he shall hold periodic meetings with department heads under the control of the board of selectmen;

(m) he shall represent the board of selectmen before state, county and federal officials.

SECTION 4. The board of selectmen shall make the initial appointment of the position of executive administrator within ninety days after this act shall become effective. Subsequent appointment shall be made during the month of June, to become effective on July first. Any person so appointed shall not have served in an elective office in or for the town of Weymouth for at least one year prior to appointment, except as an elected town meeting member.

SECTION 5. Upon the fifteenth day the initial appointment to the position of executive administrator, the office of town administrator shall cease and terminate.

SECTION 6. This act shall become effective upon enactment by the general court without further action by the town. If any provision of this act or the application of any provision to any person or circumstances shall be determined to be invalid or unenforceable, then such determination shall not affect any other provisions of this act or the application of said provision to any other person or circumstances, all of which other provisions shall remain in force and effect.

Approved August 13, 1985.