§ 149-31. The Town Manager

(a) Appointment: The Board of Selectmen shall appoint, with no fewer than four (4) affirmative votes, a Town Manager.

(b) Qualifications: The Town Manager shall be appointed solely on the basis of his/her executive and administrative skills, based on education, training, and experience relative to the duties of the Town Manager, and without reference to political belief or personal relationships.

(c) Term of Appointment: The Manager may be appointed for an indefinite term.

(d) Residency: The person appointed as Town Manager need not be a resident of the Town or State at the time of appointment, but must assume residence within a period judged reasonable by the Board of Selectmen, but not to exceed six months.

(e) Conditions of employment; compensation: The conditions of employment and compensation shall be a matter to be determined at the time of appointment, and annually thereafter by the Board of Selectmen on the Manager's anniversary date, after negotiations in executive session between the Manager (candidate) and the selectmen.

(f) Town Manager; evaluation: Before the Board of Selectmen determines the subsequent annual compensation of the Manager, the Board and manager shall be required to hold an evaluation session in executive session, at which the manager shall present management goals for the coming year based on townwide goals articulated by the Board of Selectmen, and shall be evaluated by the Board of Selectmen regarding performance in relation to such goals set out for the previous year.

(g) Oath and bond: Before entering into the duties of office, the Town Manager shall be sworn to the impartial and faithful performance thereof, with a certificate to that effect to be filed with the Town Clerk. The Manager shall execute a bond in favor of the Town for the faithful performance of his/her duties in a sum determined by the Board of Selectmen. The premium for said surety shall be paid by the Town.

(h) Town Manager removal: The Town Manager may be removed at the discretion of the Board of Selectmen with no less than four affirmative votes, after the following procedure is followed:

(1) The Board shall draft, in executive session, a resolution stating its intent to remove the Manager. Said resolution must state the reasons for removal and must be served upon the Manager personally, not more than five days from the date of drafting.

(2) Within five working days from the date of service of the resolution, the Manager must file with the Board of Selectmen a written request for a public hearing. Failure to file said notice shall constitute waiver of the right to a hearing.

(3) No less than 15 days but no more than 45 days from the deadline prescribed in subdivision (2) of this subsection, the Board of Selectmen shall schedule a meeting or public hearing for the purpose of considering the resolution.

(4) Final action on the resolution shall be taken within five days of the hearing in subdivision (3) of this subsection.

(5) During the period in which the above proceedings transpire, the Manager shall be on administrative leave and accrue full salary until official date of action on the resolution.

(6) Action by the Board of Selectmen in the removal of a Manager shall be final.

(7) In the event of the removal of a Manager for reasons other than poor performance or wrongful conduct, the Board of Selectmen may negotiate severance pay to the maximum of six months.

(i) Acting Town Manager; vacancy in the office:

(1) In the event that the Town Manager shall be absent from the Town for a period exceeding two consecutive weeks, he/she shall designate an Acting Manager who shall exercise the duties of Manager. The Manager may overrule the actions of the Acting Manager.

(2) In the event that illness or injury renders a Manager unable to discharge his/her duties, or in the event that the Manager is suspended or placed on administrative leave, the Board of Selectmen shall declare a vacancy in the office and appoint an Acting Manager to serve until such time as the Manager is able to assume regular duties or a new Manager is selected.

(3) An Acting Manager appointed to fill a declared vacancy in the office shall have all the powers and perform all duties of the Manager and shall be compensated at a rate of pay not inconsistent with the responsibilities of the position. An Acting manager shall not serve for more than 180 days.

(4) In no case, shall a selectman act as Town Manager.

(j) Responsibilities of the Town Manager and authority:

(1) In general. The Town Manager shall be the chief administrative officer of the Town. He/she shall be responsible to the Board of Selectmen for the administration and general supervision of all business affairs and property placed in his/her charge pursuant to this charter, State statute, or otherwise.

(2) Limits to authority in general:

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

(i) The calling or administration of elections;

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

(iii) Judicial or legislative functions of the Board of Selectmen or other legal bodies, boards, and commissions;

(iv) Direct supervision of the Town Clerk or Town Treasurer in statutory duties except as otherwise provided by this charter.

(B) The Manager may, upon request, advise or counsel officials in the performance of the above duties.

(C) The Town Manager may not serve in any elective position in the Town of Springfield. He/she may, however, serve on appointed boards and commissions relevant to Town functions in an ex officio status, as may be determined by the Board of Selectmen.

(3) Authority and duties in particular: The Manager shall be charged with full authority to, and be responsible for the following:

(A) To organize, reorganize, continue, or discontinue such Town Departments as the Board may determine;

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

(C) To carry out the policies determined by the Board of Selectmen and report to the Board on their disposition;

(D) To maintain an appropriate budget control system;

(E) To keep the Board of Selectmen informed on the financial condition of the Town, including monthly and year end reports showing in detail all receipts and expenditures for Town functions.

(F) To keep the Board of Selectmen 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 Manager.

(G) To make such reports as the Board of Selectmen may require, or the Manager deems appropriate, or may be required by law or ordinance regarding any and all functions under his/her supervision.

(H) To keep full and complete records of the actions of the Manager's office.

(I) To be present at all regular Board of Selectmen meetings unless excused by the Board, and to have the right to attend and take part in all special meetings of the Board of Selectmen and subcommittees thereof, except when the removal of the Manager is being discussed. Nothing herein shall deny the Manager any rights outlined in subsection (h) of this section, Town Manager removal.

(J) To appoint, upon merit and fitness alone, and, when the Manager deems necessary for the good of the service, suspend or remove any subordinate official, employee, or agent under the Manager's supervision as provided for in this charter. 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 Manager may authorize the head of a department, or of an office responsible to the Manager, to appoint and remove subordinates in such office or department.

(K) To ensure the proper and equitable administration of the Town's personnel system.

(L) To fix the compensation of Town employees as provided in this charter.

(M) To remain ultimately responsible to the Board of Selectmen for all administrative actions under his/her jurisdiction although he/she may hold subordinate employees offices or agents responsible for the faithful discharge of their duties.

(N) To draft an annual budget document and capital expenditure plan as provided in the financial section of this charter.

(O) To examine, or cause to be examined, with or without notice, the affairs of any department under his/her control, or the conduct of any officer or employee thereof. For this purpose, the 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/her duties.

(P) To ensure the preservation of the public peace, health, and safety of persons and property, and see to the enforcement of this charter, ordinances, and State and federal laws as applicable.

(Q) To be the general purchasing agent for the Town.

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

(S) To supervise and expend all special appropriations of the Town as if they were a separate Town department, unless otherwise voted by the town or provided in this charter.

(T) To cause to be collected by the Town Treasurer, or to collect, all taxes due the Town, except as otherwise provided by statute.

(U) To cause duties of municipalities not committed to the care of any particular officer to be duly performed and executed.

(V) To perform such other duties consistent with his/her office as may be required by a vote of the Board of Selectmen, by law, ordinance, or mandate not inconsistent with this charter.

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

(5) Noninterference with administrative discretion and supervision: Except for the purposes of formal inquiries or investigations made under this charter, the Board of Selectmen and its members shall deal with the administration, Town officers, and employees, who are subject to the Manager's direction and supervision, solely through the Town Manager. Neither the Board of Selectmen or 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 Manager.