The following was voted for in 1998 by Templeton Town Meeting:
Section 23C: Persons acting on behalf of selectmen; appointment and removal
Section 23C. No person shall be authorized by vote of a town to act on behalf of the board of selectmen unless the vote provides that such person shall be appointed and may be removed by said board.
I do not believe that Templeton Town Meeting ever voted for this:
Section 23A: Executive secretary or town administrator; appointment; tenure
Section 23A. A town may by vote or by-law authorize and empower the selectmen to appoint an executive secretary or town administrator who may be appointed by them for a term of one or three years and to remove him at their discretion. An executive secretary or town administrator appointed under the provisions of this section shall be sworn to the faithful performance of his duties. During the time that he holds office he shall hold no elective town office, but he may be appointed by the selectmen or, with their approval, by any other town officer, board, committee or commission, to any other town office or position consistent with his office. He shall receive such aggregate compensation, not exceeding the amount appropriated therefor, as the selectmen may determine. He shall act by and for the selectmen in any matter which they may assign to him relating to the administration of the affairs of the town or of any town office or department under their supervision and control, or, with the approval of the selectmen, may perform such other duties as may be requested of him by any other town officer, board, committee or commission.
So has Templeton legally established the position of Town Administrator? Does Templeton have to vote for section 23A to be able to legally have the position of Town Administrator under Massachusetts General Law?
The following is from the Templeton Town website, contained in the contract for Treasurer/Collector.
d. No sooner than february 1, 2020 and no ater than February 28, 2020, the treasurer/collector shal notify the administrator in writing of their desire to be reappointed to a subsequent term of office and negotiate the terms of employment for such subsequent term. Should the treasurer/collector provide such notice, then the administrator shall give the treasurer/collector notice no later than April 1, 2020, either that (1) the administrator does not intend to reappoint the treasurer/collector to a subsequent term, in which case the treasurer/collector's employment shall terminate on the termination date.
MGL chapter 41:
Section 108N 1/2. Notwithstanding any general or special law to the contrary, a city or town, acting through the appointing authority for the treasurer, assessor or collector in that city or town, may establish an employment contract to provide for the salary, fringe benefits and other conditions of employment including, but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performances of duties of the office, liability insurance and leave for an appointed treasurer, assessor or collector or a person performing the duties of an appointed treasurer, assessor or collector under a different title.
The contract shall be in accordance with and subject to the city or town charter and shall prevail over a conflicting local personnel by-law, ordinance, rule or regulation. In addition to the benefits provided to municipal employees under chapters 32 and 32B, the contract may provide for supplemental retirement and insurance benefits.
This section shall not affect the appointment or removal powers of an appointing authority over the treasurer, assessor or collector of the city or town or a person performing the duties of a treasurer, assessor or collector under a different title. This section shall not grant tenure to such an officer, affect section 67 of chapter 44 or apply to an elected treasurer, assessor or collector.
Who is the appointing authority in Templeton??
The Board of Assessors is the appointing authority for the Deputy Assessor as stated in MA General Laws
ReplyDelete