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ARTICLE 2B--BOARD OF SELECTMEN-TOWN ADMINISTRATOR FORM OF GOVERNMENT
ARTICLE 2B--BOARD OF SELECTMEN-ADMINISTRATOR FORM OF GOVERNMENT
IN THE TOWN OF BECKET
Chapter 662 of the Acts of 1989
(Adopted 1/8/90) (Amended 10/22/93, 1/13/95, 7/8/96, 8/6/2000, 1/10/2009)

SECTION 1.      Upon acceptance of this act by the Town of Becket, as hereinafter provided,     the Town shall be governed by the provision of this Act.  To the extent that the        provisions of this Act modify or repeal existing General Laws and special acts or       that body of law which constitutes the Town Charter under Section 9 of Article  LXXXIX of the Amendments to the Constitution of the Commonwealth, this Act shall        govern.

SECTION 2.      Following the acceptance of this Act as hereinafter provided, the voters of     the Town of Becket shall, in accordance with any applicable general or special  law or bylaw or vote of the Town, continue to elect the following:

        (a)     Moderator
        (b)     Board of Selectmen
        (c)     Representatives to the Regional School District Committee
        (d)     Town Clerk
        (e)     Board of Health
        (f)     Cemetery Commission
        (g)     Planning Board
(h)     Treasurer               (amended 1/10/2009 Chapter 475 of the Acts of 2008)
(i)     Tax Collector   (amended 1/10/2009 Chapter 475 of the Acts of 2008)
(j)     Finance Committee
(k)     Constables
        

                The acceptance of this Act shall not affect the term of office of any such      elected official or elected member of such board, committee or authority.  Every        other elective office, board, committee or commission of the Town shall become  appointive as hereinafter provided, any other provision of law to the contrary  notwithstanding.  The term of office of any person elected to any office, board,        committee or commission existing as an elected office at the time of the        acceptance to this act and having become appointive hereunder, shall continue   until the term for which that person was elected shall have expired and until the    appointment and qualification of his successor.  The powers, duties and         responsibilities of elected officials shall be as now or hereinafter provided by        applicable provisions of any general law or special law or by-law or vote of the        Town, except as otherwise expressly provided herein.  Notwithstanding the       election by the voters of the Town of the officers named in this section, such  officers shall be available to this administrator for consultation, conference  and discussion on matters relating to their respective offices.

SECTION 3.      There shall be a Board of Selectmen elected as provided for in Section 2. (approved 8/6/2000 Chapter 184 of the Acts of 2000)

SECTION 4.      The Board of Selectmen shall appoint:

        (a)     Town Administrator
        (b)     Animal Inspector
        (c)     Zoning Board of Appeals
        (d)     Arts Lottery Council
        (e)     Board of Assessors
        (f)     Alternate to the Berkshire County Regional Planning Commission
        (g)     By-Law Review Committee
        (h)     Civil Defense Director
        (i)     Conservation Commission
        (j)     Council on Aging
        (k)     Farmington River Study Commission
        (l)     Harbor Master
        (m)     Historical Commission
        (n)     Parks Commission
        (o)     Poll Workers
        (p)     Recreation Committee
        (q)     Registrars of Voters
        (r)     Representative to the Southern Berkshire Solid Waste District
        (s)     Town Counsel
        (t)     Alternate Town Counsel
  • Special Committees
  • Zoning Enforcement Officer (approved 8/6/00 Chapter 184 of the Acts of 2000)
  • Treasurer, for a term of three years (approved 1/10/2009 Chapter 475 of the Acts of 2008)
  • Tax Collector, for a term of three years (approved 1/10/2009 Chapter 475 of the Acts of 2008)
SECTION 5.      The Selectmen elected as provided herein shall appoint, as soon as      practicable, for a three year term, a Town Administrator either on a full time or       part time basis who shall be especially fitted by education, training and       experience to perform the duties of said office.  The Town Administrator shall be       a citizen of the United States and shall be appointed without regard to his     political affiliation and beliefs.  He shall possess at least a bachelor's      degree provided, however, the Selectmen may accept experience in lieu of such   degree at their discretion, and shall have had three years experience in a     supervisory administrative position. The Town Administrator will not be eligible        to hold any other appointed or elected office within the Town of Becket except  that he may be appointed as the Zoning Enforcement Officer (approved 8/6/00     Chapter 184 of the Acts of 2000).  The Town Administrator may be appointed for  successive terms of office. Before entering upon the duties of his office, he   shall be sworn, to the faithful and impartial performance thereof by the Town   Clerk.

SECTION 6.      Any person appointed by the Town Administrator to any Town office under the     provisions of this act or any general or special law shall be eligible during the       term of said office to be appointed to any other Town office.

SECTION 7.      Any vacancy in the office of Town Administrator shall be filled as soon as      possible by the Board of Selectmen.  Pending the appointment of a Town  Administrator said Board of Selectmen shall, within thirty days, appoint a      suitable person to perform the duties of the office.

SECTION 8.      The Town Administrator may designate, subject to the approval of the Board      of Selectmen, by letter filed with the Town Clerk, a qualified officer of the   Town to perform his duties during his temporary absence or disability.  In the  event of failure of the Administrator to make such designation, said Board of   Selectmen may, by resolution, designate an officer of the Town to perform the   duties of the Administrator until he shall return or his disability shall cease.

SECTION 9.      The Board of Selectmen, by a two_thirds vote may remove the Town        Administrator.  At least thirty days before such proposed removal shall become  effective, said Board of Selectmen shall file a written preliminary resolution of       removal with the Town Clerk setting forth in detail the specific reasons for the        proposed removal, a copy of said resolution shall be delivered to said Town     Administrator.  The Administrator may, within ten days of service of such       resolution reply in writing to the resolution and may request a public hearing.         Service shall be deemed to have been accomplished by leaving a copy of such    resolution at said Administrator's last known abode.  If said Administrator so  requests, said Board of Selectmen shall hold a public hearing not earlier than  twenty nor later than thirty days after 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, said Board of       Selectmen, by a two_thirds vote of the full membership of said Board, may adopt a       final resolution of removal.  In the preliminary resolution, said Board of      Selectmen may suspend said Administrator from duty but shall in any case, cause          his/her salary to be paid during the period of consideration of the preliminary         resolution and until the vote on the final resolution.

SECTION 10.     The Town Administrator shall receive such compensation for his services as      the Board of Selectmen shall determine but it shall not exceed the amount       appropriated therefore by the Town.

SECTION 11.     The Town Administrator with the approval of the Board of Selectmen shall        appoint, upon merit and fitness alone, all other Town officials whose appointment       is not specifically provided for herein.  Said Town Administrator shall appoint         with majority approval of said Board of Selectmen, and may remove with the      majority approval of said Board of Selectmen, with ten day notice, in writing, to       appointee and the Board of Selectmen, setting forth the cause of such removal,  subject to the provision of MGL Chapter Thirty-One where applicable, all         department heads, all officers and all subordinates and employees for whom no   other method of appointment is provided in this act, except persons serving under       other elected agencies and appointments made by representatives of the  commonwealth.

SECTION 12.     In addition to the specific powers and duties provided in this act, the         Town Administrator shall have the general powers and duties enumerated in this  section as follows:

        (a)     The Town Administrator shall supervise and be responsible for the efficient             administration of all departments, commissions, boards and offices, except              the Board of Selectmen; provided, however, that said Town Administrator                 shall not exercise any control over the discretionary power vested by                   statute in any such board, committee, commission or officer.

        (b)     Said Town Administrator, with the approval of the Board of Selectmen and in             accordance with the provisions of this Act and the General Laws, may                    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, and may transfer the powers and duties of one department,                    commission, board or office to another.

        (c)     Said Town Administrator shall attend all regular meetings of the Board of               Selectmen except meetings at which his removal is being considered, and                 shall attend all town meetings and shall be permitted to speak when                     recognized by the moderator.

        (d)     Said Town Administrator shall keep full and complete records of his office              and shall render, as often as may be required by the Board of Selectmen, a              full report of all operations during the period reported on.

        (e)     Said Town Administrator shall keep the Board of Selectmen fully advised as              to the needs of the Town and shall recommend to the Board of Selectmen for              adoption such measures requiring action by them or by the Town as he may                deem necessary or expedient.

        (f)     Said Town Administrator, with the approval of the Board of Selectmen, shall             have jurisdiction over the rental and use of all Town property and shall be             responsible for the maintenance and repair of all Town buildings.  He shall             be responsible for the preparation of plans and the supervision of                      construction, reconstruction, alterations, improvements and other                        undertakings authorized by the Town unless otherwise assigned by the Town               meeting.

        (g)     Said Town Administrator shall be responsible for the purchase of all                    supplies and materials and equipment, except books and other media for the              library.  The Town Administrator shall approve the award of all contracts               for all departments of the Town pursuant to Chapter 30B, section 4.  The                Board of Selectmen shall open and award all bid contracts exceeding the                  amounts provided for under Chapter 30B, section 4.  He shall make                       purchases for departments not under his supervision only upon and in                    accordance with requisitions duly signed by the heads of such departments.

        (h)     Said Town Administrator 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 the Town, all by-laws              and votes of the Town and all regulations established by the Board of                   Selectmen.

        (i)     Said Town Administrator shall, with the approval of the Board of Selectmen,             have authority to prosecute, defend or compromise all litigation to which               the Town is party and shall be the executive officer of a public employer               in the Town as defined in Section One of Chapter Two-Hundred and                                Fifty-Eight of the General Laws pertaining to the processing of claims                         against the Town.

        (j)     Said Town Administrator shall be the agent for the Board of Selectmen for               collective bargaining and may employ special counsel to assist him in                   the performance of these duties.

        (k)     Said Town Administrator 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.

        (l)     Said Town Administrator shall be accessible and available for consultation              to chairmen of boards, committees and commissions of the town, whether                  appointed or elected, and shall make accessible and available to them all               data and records of his office as may be requested in connection with their             official duties.

        (m)     Said Town Administrator shall perform such other duties consistent with                 his office as may be required of him by the By-Laws of the Town or by the               vote of the Board of Selectmen or Town meeting.

SECTION 13.     The Town Administrator may without notice cause the affairs of any      division or department under his supervision or the job related conduct of any  officer or employee thereof to be examined.  Said Town Administrator shall have         access to all Town books and papers for information necessary for the proper    performance of his duties.

SECTION 14.     The Town Administrator shall be the chief fiscal officer of the Town.   Warrants for the payment of Town funds prepared by the Town Treasurer in        accordance with the provisions of MGL Chapter 41, Section 56 shall be submitted         to said Town Administrator.  The approval of any such warrant by said Town      Administrator, following review by the Board of Selectmen, shall be sufficient  authority to authorize payment by the Town Treasurer but the Board of Selectmen         shall approve all warrants in the event of a vacancy in the office of Town      Administrator.

SECTION 15.     At least ninety days prior to the Annual Town Meeting, the Town         Administrator shall submit to the Finance Committee a detailed estimate, in     writing, of the probable expenditures of the Town government for the ensuing    fiscal year, stating the amount required to meet the interest and maturing bonds        and notes or other outstanding indebtedness of the Town, and showing specifically       the amount necessary to provided for each fund and department, together with a  statement of the expenditures of the Town for the same purposes in the preceding        year and an estimate of the expenditures for the current year.  Further, he        shall submit a statement showing all revenues received by the Town in the       preceding fiscal year 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 report the      probable amount required to be levied and raised by taxation to defray all      expenses and liabilities of the Town together with an estimate of the tax rate  necessary to raise said amount.  For the purpose of enabling the Town   Administrator to make up the annual estimates of expenditures, all boards,      officers and committees of the Town shall, at least one hundred and twenty
        days prior to the Annual Town Meeting, furnish all information in their         possession and submit to him in writing a detailed estimate of the      appropriations required for the efficient and proper conduct of their respective        departments during the next fiscal year.

SECTION 16.     The Finance Committee shall consider the tentative budget submitted by the      Town Administrator and make such recommendations relative thereto as it deems   expedient and proper in the interests of the Town.  On or before the forty-fifth        day prior to the Annual Town Meeting, the Finance Committee shall transmit a copy       of the budget, together with their recommendations relative thereto, to the Board       of Selectmen.

SECTION 17.     All laws, by-laws, votes, rules and regulations, whether enacted by     authority of the Town or any other authority, which are in force in the Town of         Becket on the effective date of this act, or any portion or portions thereof, not       inconsistent with the provisions of this Act, shall continue in full force and  effect until otherwise provided by other laws, by-laws, votes, rules and        regulations respectively.  All other laws, by-laws, votes, rules and regulations        so for as they refer to said Town of Becket, are hereby suspended but such      suspension shall not revive any pre-existing enactment.

SECTION 18.     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 except   that, upon revocation, any contract made by the Town with the Town Administrator        then in office shall be terminated immediately upon such vote.

SECTION 19.     Any person holding a Town office or employment under the Town shall retain      such office or employment and shall continue to perform his duties until        provisions shall have been made in accordance with this act for the performance         of said duties by another person or agency.  No person in the permanent full-time       service or employment of the Town shall forfeit his pay grade or time in        service.  Each such person shall be retained in a capacity as similar to his    former capacity as is practical.

SECTION 20.     This Act shall be submitted for acceptance to the voters of the Town of         Becket at the Annual Town Meeting to be held in the year Nineteen Hundred and   Ninety in the form of the following question, which shall be placed upon the    official ballot to be used for the election of Town officers at said meeting:   "Shall an Act passed by the General Court in the year Nineteen Hundred and      Eighty-Nine, entitled ‘An Act Establishing a Board of Selectmen-Administrator   Form of Government in the Town of Becket', be accepted?".  If the majority of   votes cast in answer to said question is in the affirmative, said act shall take         effect but not otherwise.  If this act is not accepted in the year Nineteen     Hundred and Ninety by the voters of the Town at said Town meeting, it shall again       be submitted at the Annual Town Meeting in the year Nineteen Hundred and        Ninety-One and, if accepted, shall take full effect but not otherwise.



 
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