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Selectmen - Town Manager Act
(Chapter 559 of the Act of 1953)
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| Board of Selectmen |
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| Other Elected Officials
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| Appointed Officials |
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| Memberships; Terms; Powers;
Duties and Responsibitlies |
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| Multiple Offices |
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| Investigations and Surveys |
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| Appointment of Town Manager
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| Acting Manager |
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| Removal of Manager |
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| Compensation of Manager
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| Powers and Duties of Manager
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| Appointment of Assessors |
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| Approval of Warrants |
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| Investigation of Claims
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| Certain Officers not to
make Contracts with the Town |
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| Estimate of Expenditure
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| By-Laws, Rules, etc. |
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| Contracts |
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| Submission of Act and Time
of Taking Effect |
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| Revocation of Acceptance
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| Appendix B - Chapter 559 |
| An act establishing a Selectmen-Town Manager
form of Government for the Town of Shrewsbury. |
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| Section 1. Board of Selectmen |
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At the first town election following the acceptance of this act
the registered voters of the town of Shrewsbury shall elect five
selectmen of whom two shall serve for terms of three years, two
for terms of two years, and one for a term of one year. At each
annual town election thereafter the voters shall elect in place
of those selectmen whose terms are about to expire a like number
of selectmen to serve for terms of three years. When a vacancy occurs
in the office of selectmen, the remaining selectmen may at any time
prior to the next annual town election appoint a qualified person
to serve as selectman until such election, at which election the
voters shall elect a selectman to serve for the unexpired portion,
if any, of the original term. The selectmen in office at the time
of said first election shall continue in office until their successors
are elected and qualified.
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| Section 2. Other Elected Officials |
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In addition to the selectmen, the registered voters of the town
shall continue to elect the following officials in accordance with
any applicable statutes, by-laws and votes of the town:
(a) A moderator.
(b) A school committee.
(c) A town clerk, unless the town shall provide, by by-law,
that the town clerk shall be appointed by the board of selectmen.
(d) A town treasurer, unless the town shall provide, by by-law,
that the town treasurer shall be appointed by the board of selectmen.
(e) A board of library trustees.
(f) Town meeting members if so provided by any applicable
statute.
The term of office of any elective office, board, or committee
so continued, under this section, shall not be interrupted. Every
other elective office, board or commission shall be terminated as
hereinafter provided, any other provision of law to the contrary
notwithstanding. The term of office of any person elected to any
office, board or commission existing at the time of such acceptance
and terminated hereunder shall continue until such first town election
and until the appointment and qualification of his successor, if
any, and thereafter the said offices, boards and commissions shall
be abolished and all powers, duties and obligations conferred or
imposed thereon by law, except as provided by this act, shall be
conferred and imposed upon the selectmen and exercised by the town
manager to the extent hereinafter provided. The powers, duties and
responsibilities of elected officials shall be as now or hereafter
provided by applicable statutes and by-laws and votes of the town,
except as otherwise expressly provided herein.
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| Section 3. Appointed Officials |
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The selectmen shall appoint a town manager as provided in section
seven who may thereafter be removed as provided in section nine.
The selectmen shall appoint a town accountant, a board of appeals,
a town counsel, appointive members of the retirement board, constables,
election officers, registrars of voters other than the town clerk,
and a town clerk and town treasurer if so provided as set forth
in section two and may, after such notice and hearing as they may
deem advisable, remove any person so appointed for cause.
The moderator shall appoint such boards, committees and officers,
including a finance committee and a personnel board, as he may now
or hereafter be directed to appoint by any applicable law, by-law
or vote of the town.
The town manager shall appoint, upon merit and fitness alone, and
may, subject to the provisions of chapter thirty-one of the General
Laws where applicable, remove for cause:
(1) A board of public health, a board of public welfare,
a board of light commissioners, a planning board, and a board of
assessors as provided in section twelve.
(2) All other officers, boards, committees and employees
of the town, with the exception of the elected officials specified
in section two, and officers and employees of such elected officials.
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| Section 4. Memberships; Terms; Powers;
Duties and Responsibilities |
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The number of members of boards, commissions, and committees so
appointed as provided in the preceding section, the length of the
term of each member thereof and of officers so appointed, and the
powers, duties and responsibilities of the same shall be as now
or hereafter provided by any applicable law, by-law or vote of the
town, except as herein otherwise provided. Upon appointment and
qualification of the various officials as provided for in section
three, the term of office, and all powers and duties of each person
theretofore holding each such office shall cease and be terminated.
Officers, boards, commissions and committees appointed by the town
manager shall possess all the powers and rights and shall be subject
to all the duties and liabilities specifically conferred or imposed
by any applicable provision of law upon them or upon officers, boards,
commissions or committees having corresponding powers and duties,
but in the performance thereof they shall be subject to the general
supervision of the town manager.
The manager of the electric light department appointed by the town
manager shall possess all the powers and rights and shall be subject
to all the duties and liabilities specifically conferred or imposed
by any applicable provision of law, but in the performance thereof
he shall be subject to the direction and control of the board of
light commissioners, if any; otherwise to the direction and control
of the town manager. Said manager of the electric light department
shall not be subject to the provisions of chapter thirty-one of
the General Laws and the rules made thereunder.
Amended by Chapter 69, Acts of 1955
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| Section 5. Multiple Offices |
| A member of the board of selectmen, the
school committee, or the finance committee, shall, during the term
for which he was elected or appointed, be ineligible to hold any other
elective or appointed town office or position other than town meeting
member; provided, however, that a member of said board of selectmen
may be appointed to serve as a member of a town building committee.
Any person elected or appointed to any other office, board, commission,
or committee under the provisions of this act or of any general or
special law, shall be eligible, during his term of office, for election
or appointment to any other town office, board, commission or committee,
except that the town accountant shall not be eligible to hold the
office of town treasurer or town collector.
Subject to the approval of the selectmen the town manager may,
but without additional compensation therefor, assume the powers,
duties and responsibilities of any office which he is authorized
to fill by appointment, such assumption to be evidenced by and effective
upon the filing with the town clerk of a written declaration of
such assumption signed by the town manager, except that he shall
not appoint himself as a member of any board or committee.
Amended by Chapter 368, Acts of 1998
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| Section 6. Investigations and Surveys |
| For the purpose of making investigations
or surveys, the town manager, with the approval of the selectmen,
may expend such sums for the employment of experts, counsel and other
assistants, and for other expenses in connection therewith, as the
town may appropriate for such purposes. |
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| Section 7. Appointment of Town Manager |
| The selectmen shall appoint, as soon as
practicable after the first town election following acceptance of
this act or after the occurrence of any vacancy, for a term of three
years, a town manager who will be a person especially fitted by education,
training and by previous full time paid experience in municipal government
as a town or city manager, assistant manager or administrative assistant,
to perform the duties of his office. The town manager shall be appointed
without regard to his political beliefs. He need not be a resident
of the town or of this commonwealth when appointed, and shall not
during the twelve months prior to his appointment have held any elective
office in the town of Shrewsbury, but shall be a resident of the town
during his term of office. He may be appointed for successive terms
of office. Before entering upon the duties of his office the town
manager shall be sworn to the faithful and impartial performance thereof
by the town clerk, or by a justice of the peace. He shall execute
a bond in favor of the town for the faithful performance of his duties
in such sum and with such surety or sureties as may be fixed or approved
by the selectmen, the premium for said bond to be paid by the town.
Amended by Chapter 4, Acts of 1996
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| Section 8. Acting Manager |
| The town manager may designate, by letter
filed with the town clerk, a qualified officer of the town to perform
his duties during his temporary absence or disability. Pending the
appointment of a town manager or the filling of any vacancy or the
failure of the town manager to designate a temporary manager, or during
the suspension of the town manager, the selectmen may appoint a suitable
person to perform the duties of the office. |
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| Section 9. Removal of Manager |
| The selectmen, by a majority vote of the
full membership of the board, may remove the town manager. At least
thirty days before such proposed removal shall become effective, the
selectmen shall file a preliminary resolution with the town clerk
setting forth in detail the specific reasons for his proposed removal,
a copy of which resolution shall be sent by registered mail to the
town manager. The manager may reply in writing to the resolution and
may request a public hearing. If the manager so requests, the board
of selectmen shall hold a public hearing not earlier than twenty days
nor later than thirty days after the filing of such request. After
such public hearing, if any, otherwise at the expiration of thirty
days following the filing of the preliminary resolution, and after
full consideration, the selectmen, by a majority vote of the full
membership of the board, may adopt a final resolution of removal.
In the preliminary resolution, the selectmen may suspend the manager
from duty, but in any case his salary shall continue to be paid until
the expiration of one month after the date of the final resolution
of removal. |
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| Section 10. Compensation of Manager |
| The town manager shall receive such compensation
for his services as the selectmen shall determine, but it shall not
exceed the amount appropriated therefor by the town. |
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| Section 11. Powers and Duties of Manager |
| In addition to other powers and duties
expressly provided for in this act, the town manager shall have the
following powers and duties:-
The town manager shall supervise and direct and shall be responsible
for the efficient administration of all offices, boards and committees
appointed by him and their respective departments. He shall, in
addition, supervise and direct and shall be responsible for the
efficient administration of any agency of the town not subject to
his appointment or control, but only at such time and to such extent
and for such period as the elected officials having control of such
agency or activity may, with the consent of the selectmen, determine.
The town manager, in accordance with the provisions of this act
and except as otherwise expressly prohibited by the General Laws,
may, with the approval of the selectmen reorganize, consolidate
or abolish departments, commissions, boards or offices under his
direction and supervision, in whole or in part, may establish such
new departments, commissions, boards or offices as he deems necessary,
or re-establish any departments, commissions, boards or offices
previously abolished, and, in so doing, may transfer the duties
and powers, and, so far as possible in accordance with the vote
of the town, the appropriation of one department, commission, board
or office to another; provided, however, that no action taken under
this act shall impair the civil service status of any employee nor
shall it provide civil service status for the head of any department,
commission, board or office.
Amended by Chapter 69, Acts of 1955 Amended by Chapter 367,
Acts of 1970
The town manager shall fix the compensation of all town officers
and employees appointed by him, subject to any applicable provisions
of chapter thirty-one or section one hundred and eight A of chapter
forty-one of the General Laws.
The town manager shall keep full and complete records of his office
and shall render as often as may be required by the selectmen a
full report of all operations during the period reported on.
The town manager shall keep the selectmen fully advised as to the
needs of the town, and shall recommend to the selectmen for adoption
such measures requiring action by them or by the town as he may
deem necessary or expedient.
The town manager shall have jurisdiction over the rental and use
of all town property, except schools. He shall be responsible for
the maintenance and repair of all town property including school
buildings and grounds. Except as otherwise voted by the town, he
shall be responsible for the preparation of plans and the supervision
of work on all construction, reconstruction, alterations, improvements
and other undertakings authorized by the town, subject, however,
to the approval of the school committee with respect to plans for
the construction or improvement of school buildings or property.
The town manager shall administer, either directly or through a
person or persons appointed by him in accordance with this act,
all provisions of general and special laws applicable to said town,
all by-laws and all regulations established by the selectmen.
The town manager shall, with the approval of the selectmen, have
authority to prosecute, defend or compromise all litigation to which
the town is a party.
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.
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.
The town manager shall purchase all supplies, materials and equipment,
and shall award all contracts for all departments and activities
of the town under his supervision; and he shall make all purchases
for departments or activities not under his supervision but only
upon and in accordance with a requisition duly signed by the head
of any such department.
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| Section 12. Appointment of Assessors |
| The town manager shall appoint a principal
assessor, who shall devote his full time and attention to the duties
of his office and shall serve as chairman of the board, and two additional
assessors. |
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| Section 13. Approval of Warrants |
| 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 applicable provisions of
law shall be submitted to the town manager. These warrants shall be
approved and signed by the town manager, and when approved by the
selectmen, shall be sufficient authority to authorize payment by the
town treasurer, but the selectmen alone may approve all warrants in
the event of the prolonged absence of the town manager, or a vacancy
in the office of the town manager. |
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| Section 14. Investigation of Claims |
Whenever any pay roll, 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, refer it to the selectmen,
who shall immediately investigate the facts and determine what, if any,
payment should be made. Pending such investigation and determination
by the selectmen, payment shall be withheld. |
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| Section 15. Certain Officers not to make
Contracts with the Town. |
| It shall be unlawful for any selectman,
the town manager, or any other elective or appointive official of
the town other than a town meeting member, directly or indirectly,
to make a contract with the town, or to receive any commissions, discount,
bonus, gift, contribution or reward from, or any share in the profits
of, any person or corporation making or performing such contract,
unless the official concerned, immediately upon learning of the existence
of such contract, or that such a contract is proposed, shall notify
the selectmen and the town manager, by registered mail, of the contract
and of the nature of his interest therein, and shall abstain from
doing any official act on behalf of the town in reference thereto.
In case such interest exists on the part of an officer whose duty
it is to make such a contract on behalf of the town, the contract
may be made by another officer of the town duly authorized thereto
by vote of the selectmen. Violation of any provision of this section
shall render the contract in respect to which such violation occurs
voidable at the option of the town. Any person violating any provision
of this section shall be punished by a fine of not more than one thousand
dollars, or by imprisonment for not more than one year, or both.
Amended by Chap. 124, Acts of 1959
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| Section 16. Estimate of Expenditures |
| All boards, officers and committees of
the town shall annually, at the request of the town manager, submit
to him in writing a detailed estimate of the appropriations required
for the efficient and proper conduct of their respective departments
and offices during the next fiscal year. Not less than 90 days prior
to the date of the start of the Annual Town Meeting, the town manager
shall submit to each member of the finance committee and of the board
of selectmen, a copy of his annual budget, which shall contain a careful,
detailed estimate of the probable expenditure of the town for the
ensuing fiscal year, including a statement of the amounts required
to meet the interest and maturing bonds and notes or other indebtedness
of the town, and showing specifically the amount necessary to be provided
for each office, department and activity, together with a statement
of the expenditures for the same purposes in the two preceding years
and an estimate of expenditures for the current year. He shall also
submit a statement showing all revenues received by the town in the
two preceding years, together with an estimate of the receipts of
the current year and an estimate of the amount of income from all
sources of revenue exclusive of taxes upon property in the ensuing
year. He shall also report to said committee and to the selectmen
the probable amount required to be raised by taxation to defray all
of the proposed expenditures of the town, together with an estimate
of the tax rate necessary therefore.
Amended by Chap. 326, Acts of 1976
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| Section 17. By-laws, Rules, etc. |
| All laws, by-laws, votes, rules and regulations
in force in the town of Shrewsbury on the effective date of this act,
or any portion thereof, not inconsistent with its provisions, whether
enacted by authority of the town or any other authority, shall continue
in full force and effect until otherwise provided by law, by-law or
vote; all other laws, by-laws, votes, rules and regulations, so far
as they refer to the town of Shrewsbury, are hereby repealed and annulled,
but such repeal shall not revive any pre-existing enactment. |
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| Section 18. Contracts |
| No contract existing and no action at
law or suit in equity, or other proceeding pending at the time this
act is accepted, or at the time of revocation of such acceptance,
shall be affected by such acceptance or revocation. |
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| Section 19. Submission of Act and Time
of Taking Effect |
| This act shall be submitted for acceptance
to the qualified voters of the town of Shrewsbury at the first annual
town election after passage of this act, or at a special town election
called for the purpose not less than ninety days before the date of
said annual election. The vote shall be taken by ballot in accordance
with the provisions of the General Laws, so far as the same shall
be applicable, in answer to the following question which shall be
placed upon the ballot to be used at said election: - "Shall
an act passed by the General Court in the year nineteen hundred and
fifty-three, entitled 'An Act establishing a selectmen-town manager
form of government for the town of Shrewsbury' be accepted by the
town?" If a majority of the voters voting on this question vote
in the affirmative, said act shall take effect immediately for the
purpose of the next following annual town election, and for all things
relating thereto, and shall take full effect beginning with said following
election. It shall be the duty of all town officials having to do
with elections and holding office at the time of acceptance to do,
in compliance with law, all things necessary for the nomination and
election of officers first to be elected under this act.
If this act is rejected when first submitted it shall be again
submitted at the next following state election in the year nineteen
hundred and fifty-four and if accepted shall take effect as hereinbefore
provided. If this act is rejected for the second time it shall be
again submitted at the annual town election in the year nineteen
hundred and fifty-six and if accepted shall take effect as hereinbefore
provided. If this act is again rejected when so submitted for the
third time, it shall thereupon become void.
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| Section 20. Revocation of Acceptance |
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At any time after the expiration of three years from the date of
acceptance of this act, and not less than ninety days before the
date of an annual meeting, a petition signed by not less than ten
per cent of the registered voters of the town may be filed with
the selectmen, requesting that the question of revoking the acceptance
of this act be submitted to the voters. No such petition shall be
valid unless notice thereof shall be published by the selectmen
for at least two consecutive weeks in a newspaper having general
circulation in the town, the last publication to be at least thirty
days prior to said annual meeting. The selectmen shall thereupon
direct the town clerk to cause the said question to be printed on
the official ballot to be used at the next annual election in the
following form: - "Shall the acceptance by the town of Shrewsbury
of an act passed by the General Court in the year nineteen hundred
and fifty-three, entitled 'An act establishing the selectmen-town
manager form of government for the town of Shrewsbury' be revoked?"
If such revocation is favored by a majority of the voters voting
thereon, this act shall cease to be operative on and after the annual
meeting next following such vote. All general laws respecting town
administration and town officers, and any special laws relative
to said town, the operation of which has been suspended or superseded
by acceptance of this act, shall be revived by such revocation and
shall continue to be in full force and effect. By-laws,votes, rules
and regulations in force when such revocation takes effect, so far
as they are consistent with the general laws respecting town administration
and town officers and with special laws relating to said town shall
not be affected thereby, but any other by-laws, votes, rules and
regulations inconsistent with such general or special laws shall
be annulled. If such revocation is not favored by a majority of
the voters voting thereon, no further petition therefore shall be
filed under this section oftener than once in every three years
thereafter.
Approved June 29, 1953
Amended by Chapter 69 of 1955 (Light Manager/Town Manager)
Chapter 124 of 1959 (Town Meeting Members Contract with Town)
Chapter 367 of 1970 (Civil Service, Department Heads)
Chapter 326 of 1976 (Estimate of Expenditures)
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or information contact us at 508-841-8508.
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