To see if the Town will vote to authorize and request the Select Board to file Special Legislation to amend the Sections 11 and/or 12 of the Town Manager Act to revise the appointment term of the Town Manager, a Temporary Manager or Manager for Unexpired Term in the event of a vacancy; or take any other action relative thereto.

(Inserted at the request of the Select Board)

(4 - 0)

Mr. Helmuth recused himself

The Select Board requests Town Meeting’s support for revisions to the Town Manager Act with respect to filling a vacancy before the end of a Manager’s three-year contract term. In brief, the current Manager Act contemplates only a short window of ninety (90) days to appoint a successor, or allows the Town to appoint an Acting Manager from among the Town’s employees.  In either case, the new manager or “Acting Manager” is required to serve the balance of the prior Manager’s term.  In the Board’s view this structure for addressing vacancy of the Town’s chief executive officer is too ambiguous on the front end, and too rigid on the back end. The Board therefore proposes a clearer, but more flexible three-part approach for appointing successor Managers:

1. Immediately appoint a qualified officer of the Town as “Interim Manager” for a period of no more than 180 days;
2. Within the 180 day period, conduct a process for a permanent appointment for either a new three year contract, or the remaining balance of the previous Manager’s term at the Board’s discretion; and
3. Should it prove impractical to make a permanent appointment within the 180-day period, appoint an “Acting Town Manager” for no more than one year.
   
   

The Board believes this proposal provides more certainty in the immediate aftermath of an unanticipated vacancy, more time to conduct a thorough search for a successor as needed, and more flexibility in the event that a quality candidate is not identified or alternatively, merits a full three-year contract rather than the balance of the unexpired term.

That the Town does hereby request and authorize the Select Board to file Home Rule Legislation to provide substantially as follows:

 “AN ACT AMENDING THE TOWN MANAGER ACT OF ARLINGTON RELATIVE TO THE APPOINTMENT OF THE TOWN MANAGER”

Section 1.  Chapter 503 of the Acts of 1952 (The Town Manager Act of Arlington) as subsequently amended, section 12(b) is hereby amended as follows:

12(b)  When a vacancy occurs in the office of Town Manager for any reason other than for expiration of their term, the select board shall as soon as possible appoint a qualified officer of the Town as Interim Town Manager to fulfill all the duties set forth in this Act until a permanent successor may be appointed, but in any event not later than one hundred and eighty ninety days after such vacancy occurs. , a A permanent successor Town Manager shall within one hundred and eighty days be appointed for a period not longer than the balance of the unexpired term, or a new three (3) year contract at the Board’s discretion.  Such appointment shall, in so far as practicable, be subject to the same conditions and qualifications for the office of Town Manager as set forth in section eleven; . i If not so practicable to make a permanent appointment within one hundred and eighty days, the select board shall so appoint a qualified officer of the town as acting manager for a period of not more than one (1) year the balance of the unexpired term, .

Section 2.  This Act shall take effect upon its passage.”