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<p align="center" style="margin-top: 1; margin-bottom: 1"><b>
<font face="Verdana" size="5" color="#0000FF">Chapter 176 of The Acts of
2004</font></b></p>
<p align="center" style="margin-top: 1; margin-bottom: 1"><b>
<font face="Verdana" size="5" color="#0000FF">(Needham Town Manager Act)</font></b></p>
<p align="center" style="margin-top: 1; margin-bottom: 1"> </p>
<p align="center" style="margin-top: 1; margin-bottom: 1"><b>
<font face="Verdana">An Act Relative to The Charter of The Town of Needham</font></b></p>
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<p class="MsoNormal" style="margin:1 5; " align="left"><b> </b><p class="MsoNormal" align="center" style="margin: 1 5">
<font face="Verdana" size="2">
<a target="_blank" href="Documents/BOSChapter176oftheActsof2004.pdf">
Printable Document</a></font><p class="MsoNormal" style="margin:1 5; " align="left"> <p style="margin: 1 5" align="center">
<b><font face="Verdana" size="2"><i>Be it enacted by the Senate and House
of Representatives in General Court </i></font></b></p>
<p style="margin: 1 5" align="center"><b><font face="Verdana" size="2"><i>
assembled, and by the authority of the same, as follows:</i> </font></b>
</p>
<p class="MsoNormal" style="margin: 1 5" align="justify">
<font face="Verdana" size="2"> </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana"><b>SECTION 1.</b>
</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
Section 19 of 403 of the acts of 1971 is hereby amended by striking out,
in lines 14 and 15, the words "Three or more assistant assessors, if the
town shall so vote for the term of three years". </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b> </b></font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana"><b>SECTION 2.</b>
</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">Said
chapter 403 is hereby further amended by striking out section 20 and
inserting in place thereof the following 4 sections:</font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
<u>Section 20. <i>Appointed Officials.</i></u></b> </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(a)</b> The board of selectmen shall appoint and may remove a town manager
or acting town manager in accordance with section 20A. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(b)</b> The selectmen shall appoint town counsel, members of the board of
appeals, election officers, registrars of voters except the town clerk,
members of the historic commission, conservation commission, commission on
disabilities, and, except as provided in section 19, all other boards,
committees, and commissions of the town for whom no other method of
selection is provided in this charter or by-law. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(c)</b> The town manager shall appoint, subject to the approval of the
board of selectmen: a chief of the police department; a chief of the fire
department; a director of public works; an assistant town manager/director
of finance or person performing said function regardless of title; and an
assistant town manager/personnel director, or person performing said
function regardless of title. Appointments made by the town manager shall
become effective upon the approval of the board of selectmen. If the board
of selectmen shall fail to act, appointments made by the town manager
shall become effective on the fifteenth day following the day on which
notice of the proposed appointment is filed with the board of selectmen.
For the purposes of this section, notice of appointment shall be
considered filed with the board of selectmen when the notice is filed at
an open meeting of the board of selectmen. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(d)</b> The town manager shall be the appointing authority for the
following officials and employees of the town: </font></p>
<blockquote>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(1)
A town accountant, a town treasurer/tax collector, a planning director,
an administrative assessor, an inspector of buildings, a director of
public health, a director of veterans' services, a director of park and
recreation, a director of youth services, a director of management
information systems, an executive director of the council on aging, a
library director, a town engineer, a director of municipal building
maintenance, and a building construction and renovation manager; or
persons performing said functions regardless of title. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(2)
All other employees and officials of the town for whom no other method
of selection is provided in this charter, with the exception of the
executive secretary of the finance committee, who shall be appointed by
that committee, and employees of the school department. </font></p>
</blockquote>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(e)</b> Any appointment by the town manager in accordance with subsection
(d) 1 shall be subject to the approval of the elected or appointed board
or committee having jurisdiction over a department, if any. Appointments
made by the town manager shall become effective upon the approval of said
board or committee. If said board or committee shall fail to act,
appointments made by the town manager shall become effective on the
fifteenth day following the day on which notice of the proposed
appointment is filed with said board or committee. For the purposes of
this section, notice of appointment shall be considered filed with said
board or committee when such notice is filed at an open meeting of the
board or committee. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(f)</b> Any person so appointed by the town manager under subsections (c)
and (d), who is not subject to
<a style="color: blue; text-decoration: underline; text-underline: single" target="_blank" href="http://www.mass.gov/legis/laws/mgl/gl-31-toc.htm">
chapter 31</a> of the General Laws, may be removed by the town manager;
provided, however, that no removal shall be made of officers listed in
subsection (c), except with the approval of the selectmen, and that no
removal shall be made of other employees or officers until the town
manager consults with the elected or appointed boards or committees having
jurisdiction over that employee's department, if any. Removal of officers
listed in subsection (c) shall become effective upon the approval of the
board of selectmen. If the board of selectmen shall fail to act, removals
made by the town manager shall become effective on the fifteenth day
following the day on which notice of the proposed removal is filed with
the board of selectmen. For the purposes of this section, notice of
removal shall be considered filed with the board of selectmen when such
notice is filed at a meeting of the board of selectmen.</font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><u>
<b>Section 20A. <i>Appointment and Removal of Town Manager.</i></b></u>
</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(a)</b> <i>Appointment of Town Manager.</i> </font></p>
<blockquote>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(1)
The selectmen shall appoint, for a term not to exceed 3 years, a town
manager, who shall be a professionally qualified person of proven
ability who has had substantial involvement with municipal government
and is appropriately fitted by education, training, and by previous
full-time paid experience in a responsible administrative position to
perform the duties of the office. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(2)
Upon expiration of the term, or upon the resignation or removal of the
town manager, or in the event of any vacancy in the office of town
manager, the selectmen shall, within 7 days, appoint an acting manager
to perform the duties, and shall appoint a successor with the above
specified qualifications forthwith. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(3)
The town manager shall be appointed without regard to party or political
designation. He shall be a citizen of the United States of America. No
person holding elective public office in the town with the exception of
town meeting member shall, within 3 years of holding the office, be
eligible for appointment as town manager. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(4)
The town manager shall not hold any elective public office nor engage in
any other business or occupation during his tenure except for part-time
consultative or teaching duties, directly related to the profession of
municipal management and with the specific consent of the selectmen. The
town manager may be appointed for successive terms of office. </font>
</p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(5)
Before entering upon the duties of his office, the town manager shall be
sworn, in the presence of a majority of the selectmen, to the faithful
and impartial performance thereof by the town clerk or a justice of the
peace. </font></p>
</blockquote>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(b)</b> <i>Acting Town Manager.</i> The town manager may designate,
subject to the approval of the selectmen, by means of a letter filed with
the town clerk, a suitable person to perform his duties during his
temporary absence or disability. If the town manager fails to make the
appointment, or the person so appointed fails to serve, the selectmen may
appoint a suitable person to perform the duties. In the event of any
vacancy in the office of town manager or the suspension of the town
manager, the selectmen shall, within 7 days, appoint an acting manager to
perform the duties. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><b>
(c)</b> <i>Removal of the Manager.</i> The selectmen may suspend or remove
the town manager by the affirmative vote of a majority of the full
membership of the board.</font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><u>
<b>Section 20B. <i>Powers and Duties of the Manager.</i></b></u> </font>
</p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">The
town manager shall be the chief executive officer of the town. In addition
to other powers and duties provided for in this charter, the town manager
shall have the following powers and duties: </font></p>
<blockquote>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(1)
The town manager shall supervise, either directly or through a person or
persons appointed by him in accordance with this charter, all department
managers, except the school department managers. The town manager shall
be responsible for the efficient administration of all departments
except the school department. The town manager shall not, however,
exercise any control over the discretionary power vested by statute in
any board, committee, commission or officer. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(2)
The town manager, consistent with this charter, the General Laws, and
town by-law, may, with the approval of elected boards having
jurisdiction over affected departments, where applicable, and with the
approval of the selectmen after a public hearing held by the selectmen
for that purpose, reorganize, consolidate or abolish departments under
his supervision, and establish such new departments as he considers
necessary. With the approval, the town manager may transfer the duties
and powers, and, so far as is consistent with the use for which the
funds were voted by the town, transfer the appropriation of one
department to another. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(3)
The town manager shall have jurisdiction over the rental and use of all
town property, except school property, and shall be responsible for the
maintenance and repair of all town buildings, including school buildings
and grounds. The town manager shall be responsible for the preparation
of plans and supervision of all work on existing and new buildings,
including work on school buildings, unless otherwise assigned by the
town meeting to a permanent building committee. Plans for the
construction or improvement of school buildings or property shall be
subject to the approval of the school committee. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(4)
The town manager shall be the purchasing agent for the town and shall
award all contracts for all departments and activities of the town with
the exception of the school department. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(5)
Subject to the approval of the board of selectmen, and with the
oversight of the personnel board, as outlined below, the town manager
shall adopt rules and regulations establishing a personnel system. The
personnel system shall make use of modern concepts of personnel
management and shall include, but not be limited to, the following
elements: (i) a method of administration; (ii) personnel policies
indicating the rights, obligations and benefits of employees; (iii) a
classification plan; (iv) a compensation plan; (v) a method of
recruiting and selecting employees based on merit principles; (vi) a
centralized record keeping system; (vii) disciplinary and grievance
procedures; (viii) a professional development and training program; and
(ix) other elements that are deemed necessary. All town agencies and
positions shall be subject to the rules and regulations adopted under
this section, excluding employees of the school department, and as
otherwise provided under
<a style="color: blue; text-decoration: underline; text-underline: single" target="_blank" href="http://www.mass.gov/legis/laws/mgl/gl-150e-toc.htm">
chapter 150E</a> of the General Laws. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
Personnel policies referenced in clause (ii), or changes to such
policies, shall not be submitted to the board of selectmen without the
prior review and approval of the personnel board. Classification plans
or compensation plan referenced in clauses (iii) or (iv), or changes to
such plans, shall not be submitted to the board of selectmen for
approval until as the town manager has submitted the plan or plan
revision to the personnel board for review and comment and, provided the
comments are made within 15 days of submission, has provided written
response to any comment made by the personnel board. In all other
aspects of the personnel system, the town manager shall confer with the
personnel board. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(6)
The town manager shall fix the compensation of all town employees except
those under the jurisdiction of the school committee within the limits
established by appropriation and subject to
<a style="color: blue; text-decoration: underline; text-underline: single" target="_blank" href="http://www.mass.gov/legis/laws/mgl/gl-150e-toc.htm">
chapter 150E</a> of the General Laws. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(7)
The town manager shall negotiate and administer all collective
bargaining agreements with employee organizations representing town
employees other than employees of the school department, pertaining to
wages and other terms and conditions of employment, in accordance with
<a style="color: blue; text-decoration: underline; text-underline: single" target="_blank" href="http://www.mass.gov/legis/laws/mgl/gl-150e-toc.htm">
chapter 150E</a> of the General Laws; and such agreements, other than
agreements with employee organizations representing school department
employees, shall be subject to the approval of the board of selectmen.
The town manager may, with the approval of the board of selectmen,
employ special counsel to assist in the performance of the foregoing
duties. The town manager or his designee shall participate in the
deliberations of the school committee in collective bargaining with
employee organizations representing school department employees, as
provided in chapter 150E of the General Laws. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(8)
The town manager shall keep records of the office of town manager and
shall render as often as may be required by the board of selectmen a
report of all operations during the period reported on. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">(9)
The town manager shall keep the board of selectmen advised as to the
needs of the town and shall recommend to the board of selectmen for
adoption measures requiring action by them or by the town as considered
necessary or expedient by the town manager. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
(10) The town manager shall be responsible for the implementation of
town meeting votes and shall report annually in writing to the town
meeting on the status of prior town meeting votes on which
implementation is not complete except matters as relate to the schools.
</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
(11) The town manager shall administer, either directly or through a
person or persons appointed by him in accordance with this charter, all
provisions of general and special laws applicable to said town, and
by-laws and votes of the town, and all rules and regulations made by the
selectmen except matters as relate to the schools. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
(12) The town manager shall report to the selectmen and the finance
committee as to the financial condition of the town. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
(13) The town manager shall have access to all town books and papers for
information necessary for the proper performance of his duties, and may,
without notice, cause the affairs of any department or activity under
his control, or the conduct of any officer or employee thereof, to be
examined. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
(14) The town manager shall be accessible and available for consultation
to chairs of boards, committees and commissions of the town, whether
appointed or elected, and shall make accessible and available to them
such data and records of his office as may be requested in connection
with their official duties. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
(15) The town manager shall perform such other duties consistent with
his office as may be required of him by the by-laws or vote of the town
or by the vote of the selectmen. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
(16) The town manager shall be the chief fiscal officer of the town.
Warrants for the payment of town funds prepared by the town accountant,
in accordance with
<a href="http://www.mass.gov/legis/laws/mgl/41-56.htm" style="color: blue; text-decoration: underline; text-underline: single">
section 56 of chapter 41</a> of the General Laws, shall be submitted to
the town manager. The approval of the warrant by the town manager, or in
his absence the acting town manager, shall be sufficient authority to
authorize payment by the town treasurer, but the selectmen shall approve
all warrants in the event of the absence of the town manager or acting
town manager, or a vacancy in the office of town manager. </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
(17) Whenever any payroll, bill or other claim against the town is
presented to the town manager, he shall, if the same seems to him to be
of doubtful validity, excessive in amount, or otherwise contrary to the
interests of the town, immediately investigate the facts and determine
what, if any, payment should be made. Pending the investigation and
determination by the town manager, payment shall be withheld. </font>
</p>
</blockquote>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><u>
<b>Section 20C. <i>Estimate of Capital Expenditures.</i></b></u></font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">All
boards, departments, committees, commissions and officers of the town
shall annually, at the request of the town manager, submit to him in
writing a detailed estimate of the capital expenditures, as defined by
by-law, required for the efficient and proper conduct of their respective
departments and offices for the ensuing fiscal year and the ensuing 4 year
period. The town manager, after consultation with the board of selectmen,
shall submit in writing to the board of selectmen a careful, detailed
estimate of the recommended capital expenditures for the aforesaid
periods, showing specifically the amount necessary to be provided for each
office, department and activity and a statement of the amounts required to
meet the debt service requirements or other indebtedness of the town. The
selectmen shall transmit a copy of the capital budget to the finance
committee along with the board of selectmen's recommendations relative
thereto. The calendar dates on or before which the capital budget is to be
submitted and transmitted shall be specified by by-law. </font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="justify"><font face="Verdana"><b>SECTION 3.</b>
</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">Said
>chapter 403 is hereby further amended by striking out section 23 and
inserting in place thereof the following section:- </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
Section 23. <i>Director of Public Works.</i> The town manager shall
appoint a director of public works, who shall administer, under the
supervision of the town manager, the departments of the town under the
control of the selectmen as they may designate. He shall be responsible
for the efficient administration of all departments within the scope of
his duty, and shall hold office subject to the will of the town manager,
consistent with subsection (c) of section 20. He shall be specially fitted
by education, training and experience to perform the duties of the office,
and may or may not be a resident of the town. During his tenure, he shall
hold no elective public office or other public appointive office, nor
shall he be engaged in any other business or occupation. He shall, subject
to the approval of the town manager, appoint assistants, agents and
employees as the performance of the duties of the various departments
under his supervision may require, and may with like approval remove them.
He shall keep records of the doings of his office and shall have charge of
and shall preserve, arrange and index so as to be readily accessible to
the public all plans, surveys, field notes, records, documents and
inventories connected with engineering operations of the town, and render
to the town manager, as often as he may require, a report of all
operations under his control during the period reported upon; and
annually, or from time to time as required by the town manager, he shall
make a synopsis of all the reports for publication. He shall keep the town
manager fully advised as to the needs of the town within the scope of his
duties, and shall furnish to the town manager a carefully prepared and
detailed estimate in writing of the appropriations required during the
ensuing fiscal year for the proper conduct of all departments of the town
under his supervision. </font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="justify"><font face="Verdana"><b>SECTION 4.</b></font><font face="Verdana" size="2">
Section 25 of said chapter 403 is hereby amended by striking out, in line
7, the words "said board" and inserting in place thereof the following
words:</font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">the
town manager.</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"> </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana"><b>SECTION 5.</b></font><font face="Verdana" size="2">
</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">Said
chapter 403 is hereby further amended by striking out section 30 and
inserting in place thereof the following section:</font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"><u>
<b>Section 30.<i> Sewer Contracts.</i></b></u> </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">All
contracts made for the purposes of sections 24 to 31, inclusive, shall be
made in the name of the town and shall be signed by the town manager. No
contract shall be made, or obligation incurred, hereunder for said
purposes in excess of the amount of money appropriated by the town
therefore.</font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="justify"><font face="Verdana"><b>SECTION 6.</b></font><font face="Verdana" size="2">
</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">
Sections 6 and 7 of this act shall take effect upon its passage. Sections
1 to 5, inclusive, shall take effect 185 days following acceptance by a
majority of the registered voters of the town voting at the election
specified in section 7, but not otherwise.</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2"> </font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana"><b>SECTION 7.</b></font><font face="Verdana" size="2">
</font></p>
<p style="margin: 1 5" align="justify"><font face="Verdana" size="2">The
state secretary shall place on the official ballot for the state election
to be held on November 2, 2004 in the town of Needham the following
question: "Shall an act passed by the general court in the year 2004
entitled, 'An Act Relative To The Charter Of The Town Of Needham,' be
accepted?", followed by the summary required by section 58A of chapter 54
of the General Laws, which the town counsel shall ensure that the state
secretary receives not later than September 3, 2004. </font></p>
<p style="margin: 1 5" align="justify"> </p>
<p style="margin: 1 5" align="center"><span style="font-family: Verdana">
<font size="2">Approved July 15, 2004. </font></span></p>
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