Professional Manager
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A professional manager position in town government may carry one of several titles, the most common of which is the title of either "Town Manager" or "Town Administrator" though, since neither title is defined by state law, the position in one town will not necessarily have the same authority as a person with the same title in another town. Distinctions among the powers of each position are particularly noteworthy, due to a 1996 amendment to the 1956 law that enabled the creation of an executive secretary position (Chapter 41, Section 23a). Until 1996, town administrator positions, like those of town managers, were created through a home rule charter or special act of the Legislature. Executive secretary positions, by contrast, could be created through a town bylaw. The 1996 amendment, drafted by attorney D.M. Moschos of the firm Mirick O’Connell, gave towns the right to use “town administrator” as an alternative title to “executive secretary.”
The difference between the two titles is one of executive authority. The Town Manager may carry out the daily business of the town in accordance with the Home Rule Procedures Act and G.L. c. 43B, Sections 10 and 13 subject only to the provisions of the charter and the policy guidelines of the governing board. Additionally, case law defines this title as "a person appointed by the governing board with administrative authority and responsibility to the end of efficient and economic administration of a municipal affairs". [1] The position of Town Administrator however; in accordance with GL Chapter 41, Section 23A, acts “by and for the selectmen in any matter which they may assign to him relating to the administration of affairs of the town…”
Today, the distinction between the two positions is whether the top government official in a town functions as a “chief executive officer” or as a “chief administrative officer.” As chief executive officer, Moschos says, the person “determines the town’s priorities and the execution of the policies of the board of selectmen without [the board] overseeing him or her.” A CEO has the authority to enter into collective-bargaining agreements and purchasing contracts. In a town in which the top municipal official serves as a chief administrator officer, final authority for such decisions rests with the board of selectmen.
Any municipality may appoint a professional manager regardless of the organizational structure. In a city this person would be known as the "city manager" or "city administrator" whereas in a town the title for a professional manager may be "town manager", "town administrator", "executive secretary" or "town coordinator". Other titles may be used to define the same type of position.
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History
The first professional manager position was instituted by Staunton, VA in 1908. Four years later, in 1912, the city of Sumter, SC was the first to adopt a city charter incorporating the basic formals of this form and in 1914 Dayton, OH became the first large city to adopt the plan. Arlington County, VA and Durham and Robeson County, NC were the first counties to create this position in the 1930's.[2]
In Massachusetts, the 1996 amendment reflected the sense that the title of executive secretary did not convey the authority the position is vested with. Since the new law went into effect, the number of Massachusetts towns with executive secretaries has declined from 55 to 13. Moschos says the change to the law has created two categories of “town administrator”—those with powers similar to a town manager’s, and those who have the more restricted powers of an executive secretary. Town managers, and town administrators whose positions were created through the charter process rather than through a bylaw, are granted what Moschos describes as “sovereign authority”—the power to make appointments and prepare budgets. Town administrators who prior to 1996 would have been referred to as executive secretaries serve as agents of their boards of selectmen, which retain hiring and budget-making authority.
Roles and Responsibilities
A professional manager is responsible for the administration and daily operations of a municipality. Municipalities absent a professional manager require the governing to take on these responsibilities. More specifically, a professional manager is responsible for carrying out the policies adopted by the governing board; managing assigned city or town departments; preparing the Municipal Budget and Capital Improvement Program; developing performance measurement standards; applying for and administering federal, state, and private grant funding; recruiting, hiring and supervising assigned department heads; preparing council/board meeting agenda materials, working with governing board to develop long range plans; facilitate communication between municipal employees, elected officials and the public.
Creation of Position
The position of professional manager can be created in one of three ways. The method of creation depends somewhat on the type of position being created. While a town administrator/executive secretary position may be established using any of the methods listed below, a town may not do a bylaw change to establish a town manager position.
Bylaw
According to Chapter 41, Section 23A a town can create a town administrator (or executive secretary) position via bylaw change. A town may vote to authorize or vote to create a bylaw that authorizes the governing board to appoint a town administrator or executive secretary. This law permits a term for the professional manager of one to three years during which time he can hold no elective office though may be appointed to a town committee by the board. A defining characteristic of this position is its authority. The person appointed to this position must act “by and for the selectmen in any matter which they may assign to him”.[3]
Home Rule Charter
According to Chapter 43B a town can create a town administrator or town manager position via home rule charter change. The process for creating this change is to first file a petition signed by at least 15% of registered voters with the state. The governing board then proposes the question of revising or developing the charter and of electing a charter commission to the town at the next election of town officers. The board also asks for the nomination of charter commission members. The city or town then engages in a specific process to nominate and elect residents to the charter commission. Section 10 of Chapter 43B addresses amending an existing charter with the provision that only a charter commission, elected according to this chapter, may propose specific charter changes including the creation of the town manager position. The responsibilities and process of the charter commission is then described in Section 9. This section gives the commission 16 months after its election to make a preliminary report and 18 months after election to present a final report to the voters. Section 12A sets up a provision for the resubmitting of a charter that has previously failed.[4]
Special Act Legislation
A city or town can create a town administrator or town manager position via special act legislation. This process requires proposal of a warrant article or resolution at town meeting and passage of such by a majority. This petition is then submitted to the Massachusetts state legislature for enactment. The petition then goes through the legislative process, being heard by committee, then by the House and Senate, and finally to the governor for signage into law.[5]
Additional Resources
Massachusetts Municipal Management Association Form of Government Committee will provide additional information from active professional managers. Contact via phone (617-426-7272) or email (dbaker@mma.org).
Notes
- ↑ Atkinson v. Town of Ipswich, 34 Mass.A pp. Ct. 663,666
- ↑ Stutz, J. G. (1923). The New Standard for Municipal Government. Journal of Social Forces. 1(4), 463-464.
- ↑ Massachusetts General Law Chapter 41; Section 23A
- ↑ Massachusetts General Law Chapter 43B
- ↑ Contreas, Marilyn. Several Options Exist for Changing Local Government Structure. Municipal Advocate. 22(2), 22-26.
