Vote Language:ARTICLE 20 HOME RULE LEGISLATION / TOWN CLERK
VOTED: That the Town does and hereby authorizes the Select Board to file Home Rule Legislation to amend the Town Manager Act to convert the Town Clerk from an elected to appointed position; or take any action related thereto, so that the Home Rule Legislation reads as follows:
“AN ACT AMENDING THE TOWN MANAGER ACT OF ARLINGTON RELATIVE TO THE APPOINTMENT AND MANAGEMENT OF THE TOWN CLERK”
Section 1. Chapter 503 of the Acts of 1952 (The Town Manager Act of Arlington) as subsequently amended, is hereby amended as follows:
First, by amending Section “8(a)” Election of Other Officers so as the strike the words and punctuation “Town Clerk, and” so as to read as follows (strike through text indicating words and punctuation to be deleted):
Section 8. Election of Other Officers.
(a) The election of Town Clerk, and assessors shall continue as presently provided. Notwithstanding the election of the officers named in this section, by voters of the town, they shall be subject to the call of the manager for consultation, conference and discussion on matters relating to their respective offices.
Second, by amending Section 15(a) to strike the words and punctuation “Town Clerk,” so as to read as follows (strike through text indicating words and punctuation to be deleted):
In addition to the specific powers and duties provided in this act the Town Manager shall have the general powers and duties enumerated in this section:
(a) The Town Manager shall supervise and direct the administration of all departments, commissions, boards and offices, except the Select Board, the School Committee, Moderator, Town Clerk, Board of Assessors, Registrars of Voters, Election Officers, Boards of Appeal, the Finance Committee, the Capital Budget Committee and the Personnel Review and Appeals Board.
While the town manager shall not supervise the board of assessors as an elected body, the town manager shall supervise and direct the administration of the assessors’ office and appoint the director of assessments in accordance with subsection (c). The director of assessments and all other assessors’ office personnel, except for the board of assessors, employed or in office when this act takes effect shall continue in their respective positions subject to chapter 31 or 150E of the General Laws, or both such chapters, if applicable, but otherwise subject to removal by the town manager as provided in this section.
Nothing in this section shall otherwise abridge the authorities or responsibilities of the board of assessors as set forth in chapter 41 of the General Laws or any other general law.
Third, by amending Section 15(c) as follows to insert the Town Clerk as an appointee under said Section so as to read as follows (underscored text indicated new language and strike through text indicating words and punctuation to be deleted):
The Town Manager shall appoint upon merit and fitness alone the Town's Comptroller, who shall also be vested with the authorities of a town accountant, and the Town Treasurer and Collector, and the Town Clerk, subject to the approval of the Select Board. Appointment of the Town Clerk, Comptroller and the Town Treasurer and Collector shall become effective upon the approval of the Select Board. If the Select Board fails to act by approving. rejecting, or requesting additional reasonable time to consider a candidate however, appointment shall become effective on the thirtieth day following the day on which notice of the proposed appointment is filed with the Board. For the purposes of this section, notice of appointment shall be considered filed with the board when such notice is filed at an open meeting of the Select Board.
The Town Clerk, Comptroller or Town Treasurer and Collector may be removed by the town manager subject to the approval of the Select Board. Removal of the Town Clerk, Comptroller or Town Treasurer and Collector shall become effective upon approval of the Select Board. If the Select Board shall fail to act, by approving, rejecting, or requesting additional reasonable time to consider a termination however, removals made by the town manager shall become effective on the fifteenth day following the day on which notice of the proposed removal is filed with the Select Board. For the purposes of this section, notice of removal shall be considered filed with the Board when such notice is filed at an open meeting of the Select Board. Nothing in this paragraph shall supersede or abridge the Comptroller's employment rights afforded by state law.
Notwithstanding the foregoing section (c), the Town Clerk, Comptroller and the Town Treasurer and Collector shall be authorized to report directly to the Chairperson of the Select Board, or any Member of the Board, on any matter in the Town at any time, without the necessity of prior approval from the Town manager or any other official.
Section 2. Upon the effective date of this act, the incumbent elected to the office of town clerk shall continue to hold the office and to perform the duties thereof until the expiration of the term for which the individual was elected or until the individual otherwise vacates the office, whichever is sooner, at which time the elected office of town clerk shall be abolished and appointments to the position of town clerk shall be made in accordance with section 1.
Section 3. This Act shall take effect upon its passage.