The content presented below can be found within the Millbury Town Charter, as it is currently available on the town's website as of the present date, which is Tuesday, August 8, 2023. The Town Charter outlines the procedures concerning the formation of a search committee, the qualifications expected of the town manager, the responsibilities of an interim town manager, and the specified timelines. This is a guide for interested parties to reference as the process of managing this interim period while working to hire a new town manager.

§ 4-1 Appointment; Qualifications; Term

The board of selectmen shall appoint a town manager from a list prepared by a screening committee established by by-law. The board of selectmen shall appoint the town manager to serve for an indefinite term and shall fix the compensation for such person, annually, within the amount appropriated by the town. The town manager shall be appointed solely on the basis of demonstrated executive and administrative qualifications. The town manager shall be a person qualified by education, training and previous experience to perform the duties of the office, as required by section 8-5(b). A town manager need not be resident of the town or of the commonwealth at the time of appointment, nor at any time during the period of such service. The town manager shall not have served as a member of the board of selectmen in the town government for at least twelve months prior to appointment. The town may from time to time establish, by by-law, such additional qualifications as seem necessary and appropriate.

The town manager shall devote full time to the office and shall not hold any other public office, elective or appointive, nor be actively engaged in any other business or occupation during such service, unless such action is approved in advance and in writing by the board of selectmen.

The board of selectmen shall provide for an annual review of the job performance of the town manager which shall, at least in summary form, be a public record.

§ 4-2 Powers And Duties

The town manager shall be the chief administrative officer of the town, directly responsible to the board of selectmen for the administration of all town affairs for which the office of town manager is given responsibility by or under this charter. The powers and duties of the town manager shall include, but are not intended to be limited to, the following:

• (a)  To supervise, direct and be responsible for the efficient administration of all functions and activities for which the office of town manager is given authority, responsibility or control by this charter, by by-law, by town meeting vote, by vote of the board of selectmen, or otherwise.

• (b)  To appoint, and in appropriate circumstances to remove, subject to the provisions of the civil service law and of any collective bargaining agreements as may be applicable, all department heads, officers, members of boards and commissions and employees for whom no other method of selection is provided by this charter or by law. Such appointments shall become effective on the fifteenth day following the day on which notice of the appointment is filed with the board of selectmen, unless, within that period, the board of selectmen by a vote of at least three of its members shall vote to reject such appointment, or, has sooner voted to affirm it. Copies of the notices of all such appointments shall be posted on the town bulletin board when submitted to the board of selectmen.

• (c)  To be entrusted with the administration of a town personnel system, including, but not limited to personnel policies and practices, rules and regulations, including provisions for an annual employee performance review, personnel by-law and collective bargaining agreements entered into by the town. The town manager shall also prepare and keep current a plan establishing the personnel staffing requirements for each town agency, except the school department.

• (d)  To fix the compensation of all officers and employees appointed by the town manager within the limits established by appropriations.

• (e)  To attend all regular and special meetings of the board of selectmen, unless unavailable for reasonable cause, and shall have a voice, but no vote, in all of its proceedings.

• (f)  To assure that full and complete records of the financial and administrative activities of the town are kept and to render as often as may be required by the board of selectmen, but not less than quarterly, a full report of all town administrative operations during the period reported on, which report shall be made available to the public.

• (g)  To keep the board of selectmen fully advised as to the needs of the town and shall recommend to the board of selectmen and to other elected town officers and agencies for adoption such measures requiring action by them or by the town meeting as the town manager may deem necessary or expedient.

• (h)  To have full jurisdiction over the rental and use of all town facilities and property except property under the control of the school committee, or the conservation commission. The town manager shall be responsible for the maintenance and repair of all town buildings and facilities placed under the town manager's control by this charter, by by-law, by vote of the town or otherwise.

• (i)  To prepare and present, in the manner provided in Article 6, an annual operating budget for the town and a proposed capital outlay program for the five fiscal years next ensuing.

• (j)  To assure that a full and complete inventory of all property of the town, both real and personal, is kept, including all property under the jurisdiction of the school committee.

§ 4-4 Acting Town Manager

• (a)  Temporary Absence - By letter filed with the town clerk, the town manager shall designate a qualified town administrative officer or employee to exercise the powers and perform the duties of town manager during a temporary absence. During a temporary absence the board of selectmen may not revoke such designation until at least ten working days have elapsed, whereupon it may appoint another qualified town administrative officer or employee to serve until the town manager shall return.

• (b)  Vacancy - Any vacancy in the office of town manager shall be filled as soon as possible by the board of selectmen in the manner provided in section 4-1, but, pending such regular appointment the board of selectmen shall appoint an individual to perform the duties of the office on an acting basis. Such temporary appointment may not exceed three months but one renewal may be voted by the board of.

§ 2.20.010 Additional qualifications for town manager.

The town manager shall, in addition to the qualifications as stated in Section 4-1 of the Millbury Town Charter, have the following specific qualifications: (a) have at least an earned bachelor's level degree from a recognized, accredited college or university, (b) have had major responsibilities in general supervision and management of all administrative agencies of a city or town or executive level management responsibilities in a private or public corporation with the direct involvement in the formulation of budget proposals and the administration of the budget throughout the fiscal year; purchasing; personnel administration; contract negotiation.

As provided in Section 8-5(b) of the Millbury Town Charter regarding the qualifications of the office of town manager, the provisions of this chapter shall take precedence over Section 8-5(b) of the Millbury Town Charter.

§ 2.20.020 Screening committee for selection of town manager.

A screening committee shall consist of nine persons who shall be chosen as follows: the board of selectmen, the school committee, the board of assessors, the finance committee and the personnel board shall each designate one person, and four persons shall be chosen by the town moderator, at least one of whom shall have been a member of the charter commission or committee. Persons chosen by said agencies may, but need not, be members of the agency by which they are designated: appointments made by the town moderator shall be made last in time in order that in making appointments the moderator may, insofar as it may be feasible so to do, appoint persons who will broaden the membership base of the committee to be most representative of the demographic and occupational base of the town.

Not later than 30 days following the date of such vacancy, or pending vacancy, becomes known, the town clerk shall call and convene a meeting of the several persons chosen as aforesaid who shall meet to organize and to plan a process to advertise the vacancy and to solicit by other means qualified candidates for the office. The committee shall proceed notwithstanding the failure of any town agency to designate its representatives.

The screening committee shall review all applications that are received by it, screen all such applicants it intends to advance by checking and verifying work records and other credentials, and provide for interviews to be conducted with such number of candidates as it deems to be necessary, desirable or expedient. The screening committee may request the board of selectmen engage the services of a professional search firm that will provide a set of qualified candidates for the screening committee to consider.

Not more than 150 days following the date on which the committee meets to organize, the committee shall submit to the board of selectmen the names of not less than three nor more than five persons whom it believes to be best suited to perform the duties of the office of town manager.

Within 30 days following the date the list of nominees is submitted to it the board of selectmen shall choose one of the said nominees to serve as town manager. In the event the board of selectmen shall fail to make an appointment within the said 30 days the screening committee shall, forthwith, restart their search activities in order to provide a new list of qualified candidates to the board of selectmen within a new 150-day period.

Upon the appointment of a town manager the committee established hereunder shall be considered discharged.

A screening committee as above shall be established whenever the office of town manager shall become vacant.

As provided in Section 8-5(c) of the Millbury Town Charter regarding the screening committee for the selection of town manager, this chapter shall take precedence over Section 8-5(c) of the Millbury Town Charter.