Voting:Board of Selectmen Voted: That the Town does hereby request and authorize the Board of Selectmen to file Home Rule Legislation to provide substantially as follows:
“AN ACT AMENDING THE TOWN MANAGER ACT OF ARLINGTON RELATIVE TO THE APPOINTMENT AND MANAGEMENT OF THE TOWN COMPTROLLER”
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 “4” Appointive Powers of Selectmen so as the strike the words and punctuation the “the town accountant,” so as to read as follows (strike through text indicating words and punctuation to be deleted):
“Section 4. Appointive Powers of Selectmen
The selectmen shall appoint and may remove the town accountant election officers, the boards of appeal and the registrars of voters, except the Town Clerk as a registrar.
Second, by amending Section 15(a) to strike the words and punctuation “Comptroller and Coordinator of Data Processing,” so as to read as follows:
“Section 15. Powers and Duties of Manager.
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 Board of Selectmen, the School Committee, Moderator, Town Clerk, Town Treasurer and Collector, Comptroller and Coordinator of Data Processing, 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 a second paragraph so as to read as follows (underscored text indicated new language):
(c) Subject to the provisions of chapter thirty-one of the General Laws where applicable, and except as otherwise provided by this act, the Town Manager shall appoint upon merit and fitness alone, and may transfer and remove all officers and employees of the town, including maintenance employees of the school department and school custodians, but excluding other employees of the school department. Town officers and full-time employees not subject to said chapter thirty-one shall not be removed by him except on ten working days’ notice in writing to said officer or employee, setting forth the cause of such removal.
The town manager shall also appoint upon merit and fitness alone, the Town’s Comptroller (also vested with the authorities of a “Town Accountant”) subject to the approval of the Selectmen. Appointment of the Comptroller shall become effective upon the approval of the Selectmen. If the Selectmen fail 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 Selectmen.
The Comptroller may be removed by the town manager subject to the approval of the Selectmen. Removal of the Comptroller shall become effective upon approval of the Selectmen. If the Selectmen 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 Selectmen. 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 Selectmen. Nothing in this paragraph shall supersede or abridge the Comptroller’s employment rights afforded by state law.
Notwithstanding the foregoing section (c), the Comptroller shall be authorized to report directly to the Chairman of the Board of Selectmen, 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. This Act shall take effect upon its passage.”
The Finance Committee supports the favorable action recommendation of the Board of Selectmen (11-3).