§ 143-503. Responsibilities and authority of Town Manager

(a) General authority. The Town Manager shall be the chief administrative officer of the Town. He or she shall be responsible to the Selectboard for the administration and general supervision of all business affairs and property placed in his or her charge pursuant to this charter, other State statutes, or otherwise.

(b) Limits to authority in general.

(1) The authority of the Town Manager shall in no way extend to:

(A) The calling or administration of elections;

(B) The assessment of taxes or property valuation judgments;

(C) Judicial or legislative functions of the Selectboard or other legal bodies, boards, or commissions;

(D) Supervision of the Town Clerk, Town Treasurer, listers, or Tax Collector in the performance of their statutory duties, except as otherwise provided by this charter;

(E) The setting of water or sewage disposal rates and charges or the establishment of rules or regulations for the control or operation of the Town's water or sewage disposal systems.

(2) Where general State law places the appointment or dismissal of an official in the control of an official other than the Town Manager, general State law shall control.

(3) The Town Manager may, upon request, advise or counsel officers in the performance of their duties.

(4) The Town Manager may not serve in any elective position in the Town. He or she may, however, when authorized by the Selectboard, serve on appointed boards and commissions relevant to Town functions in an ex officio, nonvoting status.

(c) Authority and duties in particular. The Town Manager shall be charged with full authority and be responsible for the following:

(1) To organize, reorganize, continue, or discontinue any Town departments as the Selectboard may determine;

(2) To direct and supervise the administration of all departments, offices, and agencies of the Town except as otherwise provided by this charter or other State statute;

(3) To carry out the policies determined by the Selectboard and report to the Selectboard on their disposition;

(4) To maintain an appropriate budget control system;

(5) To keep the Selectboard informed on the financial condition of the Town, including monthly and year-end reports showing in detail all receipts and expenditures for Town functions;

(6) To keep the Selectboard informed as to the future needs of the Town and make proper administrative provisions for long-term planning in all areas within the scope of the duties of the Town Manager;

(7) To make such reports as the Selectboard may require or as the Town Manager deems appropriate, or as may be required by law or ordinance regarding any and all functions under his or her supervision;

(8) To keep full and complete records of the actions of the Town Manager's office;

(9) To be present at all regular Selectboard meetings unless excused by the Selectboard, and to have the right to attend and take part in all special meetings of the Selectboard and subcommittees thereof, except when the conditions of employment, compensation, discipline, or removal of the Town Manager is being discussed;

(10) To appoint upon merit and fitness alone and, when the Town Manager deems necessary for the good of the Town, discipline, suspend, or remove any subordinate official, employee, or agent. All such appointments may be without definite terms unless for provisional, temporary, or emergency service, in which case terms shall not exceed the maximum periods prescribed by the personnel rules and regulations. The Town Manager may authorize the head of a department or of an office responsible to the Town Manager to appoint and remove subordinates in such office or department;

(11) To ensure the proper and equitable administration of the Town's personnel system;

(12) To fix the compensation of Town employees;

(13) To remain ultimately responsible to the Selectboard for all administrative actions under his or her jurisdiction although he or she may hold subordinate employees' offices or agents responsible for the faithful discharge of their duties;

(14) To draft an annual budget document and capital expenditure plan;

(15) To examine or cause to be examined, with or without notice, the affairs of any department under his or her control or the conduct of any officer or employee thereof. For this purpose, the Town Manager shall have access to all books, papers, files, reports, or records of all departments that may be necessary for the proper performance of his or her duties, unless prohibited by law;

(16) To oversee the preservation of the public peace and the health and safety of persons and property, and to uphold the enforcement of this charter, ordinances, and State and federal laws as applicable;

(17) To be the general purchasing agent for the Town, with an independent purchasing authority set from time to time by the Selectboard;

(18) To have the charge and supervision of all town buildings, properties, and facilities, all repairs thereon, and all construction by the Town unless otherwise voted;

(19) To supervise and expend all special appropriations of the Town unless otherwise voted by the Town or provided in this charter;

(20) To cause duties of the municipality not committed to the care of any particular officer to be duly performed and executed;

(21) To perform any other duties consistent with his or her office as may be required by a vote of the Selectboard or by law, ordinance, or mandate not inconsistent with this charter;

(22) To be the chief administrative officer of the Town department or departments responsible for the Town's water and sewage disposal systems, with the same authority and limitations provided in this section.

(d) Accountability, noninterference, and appointive power. The Town Manager shall be responsible to the Selectboard for the proper and efficient administration of the departments under his or her charge as outlined above in this charter. Neither the Selectboard, any individual member of the Selectboard, nor any of its committees or committee members shall dictate the appointment, discipline, or discharge of any Town employee by the Town Manager or in any manner interfere with his or her exercise of judgment in the appointment, discipline, or discharge of employees.

(e) Noninterference with administrative discretion and supervision. Except for the purposes of formal inquiries or investigations made under this charter, the Selectboard and its members shall deal with the administrative and Town officers and those employees who are subject to the Town Manager's direction and supervision solely through the Town Manager. Neither the Selectboard nor any of its members shall give orders to or request any action publicly or privately of any Town employee. Communications for the purposes of information and background shall be considered proper when approved by the Town Manager. (Added 2011, No. M-17 (Adj. Sess.), § 2, eff. May 8, 2012.)