Administrative and policy functions prescribed by charter

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§ 149-34. Administrative and policy functions prescribed by charter

(a) Department of Assessment:

(1) There shall be a Department of Assessment to consist of a Chief Assessor, the elected listers, as prescribed by charter and State statute, and such assistants and support staff as may be recommended by the Town Manager and approved by the Board of Selectmen.

(2) The Chief Assessor shall be appointed or removed by the Town Manager with the advice and consent of the Board of Selectmen.

(3) The Town Manager shall not participate in the process of property valuation and assessment.

(4) The Department of Assessment shall have the same powers, discharge the same duties, proceed in the discharge thereof, and in the same manner be subject to the same liabilities as are prescribed for assessors, listers, or boards of listers under the laws of the State of Vermont, except as herein provided.

(5) The Department of Assessment on January 1 of each year shall proceed to take up such inventories and make such personal examination of the property, both real and personal, which they are required to appraise as will enable them to appraise it at its fair market value.

(6) The Department shall review, or cause to be reviewed, their appraisals of all real property in the Town which is subject to taxation in accordance with the standards of appraising established by the laws of the State of Vermont, except as herein provided.

(7) All employees in the Department of Assessment shall be governed by applicable rules and regulations promulgated under this charter.

(b) Town Clerk, Grand Juror, Town Treasurer, Town Attorney:

(1) The Board of Selectmen shall appoint and remove, on the basis of qualifications and performance alone, a Town Clerk, Grand Juror, Town Treasurer, and Town Attorney.

(2) The duties of the Town Clerk and Town Treasurer shall be as prescribed by statute, except as provided herein.

(3) The Town Attorney shall, except as otherwise provided herein, represent the Town in all legal matters.

(4) The term of the Grand Juror shall not exceed three years. He/she shall be responsible for the prosecution of violations of local ordinances. The salary of the Grand Juror shall be fixed by the Board of Selectmen and he/she shall be responsible to the Board in the performance of his/her duties. The Grand Juror shall be duty bound to work in cooperation with the Town Manager and administrative service. The Grand Juror may recommend to the Board of Selectmen the appointment of staff who shall be part of the administrative service.

(5) Appointments of the Town Clerk, Grand Juror, Treasurer, and Town Attorney shall be validated by the voters at the next annual town meeting following the appointment. Until validation, all appointments shall be temporary.

(6) Removal of a Town Clerk, Grand Juror, Town Treasurer, and Town Attorney shall be by a process identical to removal of the Town Manager as outlined in section 31(h) of this charter.

(7) Compensation for the Town Clerk, Town Treasurer, and Town Attorney shall be recommended by the Manager and approved by the Board of Selectmen. Any and all fees collected by the Town Treasurer and Town Clerk, pursuant to statutory duties, shall accrue as General Fund revenues to the Town.

(8) Support personnel, supplies, material, and equipment for the Town Clerk and Town Treasurer shall be provided by the Board of Selectmen upon recommendation by the Town Manager.

(9) The Board of Selectmen or the Town Manager may seek legal services outside the offices of the Town Attorney whenever judged in the best interests of the Town.

(10) All staff provided to the Town Clerk, Grand Juror, and Town Treasurer shall be part of the administrative service and be subject to all rules and regulations promulgated under this charter.

(11) The Town Clerk may designate an assistant Town clerk or clerks.

(12) In the absence or disability of the Town Clerk, Town Treasurer, or Town Attorney, the Board of Selectmen shall ensure that the functions are continued and shall have the power to appoint temporary substitutes.

(c) Personnel system:

(1) Merit principle outlined: All employment actions relating to Town officers and employees shall be made solely on the basis of merit and fitness.

(2) Personnel Director:

(A) There shall be a Personnel Director who shall be responsible for the ongoing administration of the Town's personnel system. The Personnel Director shall be the Town Manager or his/her designated agent, but must be a member of the administrative service.

(B) The authority of the Personnel Director in relation to all Town department heads shall be prescribed by the Town Manager.

(3) Personnel merit system ordinance:

(A) There shall be adopted, within six months of the passage of this charter, a new personnel and merit system ordinance which shall carry the full force of law embodied in this charter.

(B) The personnel ordinance shall enable the enactment of rules and regulations which shall include the following provisions:

(i) A classification and pay plan for all Town employees with uniform procedures for reclassification;

(ii) A system of evaluation for fitness or merit for appointment and promotion;

(iii) A system of discipline and removal for cause or unfitness for duty;

(iv) A system for the reduction in the work force, layoff, and recall;

(v) A system dictating hours of work and attendance policies;

(vi) Allowances for provisional and part time appointments;

(vii) A program for in-service training and employee development;

(viii) A system for the hearing, processing, and resolution of employee grievances;

(ix) Provisions for relations with employee organizations and/or unions;

(x) A uniform system regulating benefits, sick time, and vacations;

(xi) Opportunities for employee input related to safety, the quality of the work environment, and increased productivity;

(xii) Other practices, procedures, and issues as may be necessary to the ongoing administration of the personnel system.

(4) Personnel rules and regulations employee handbook:

(A) The Personnel Director shall issue and maintain in updated status a set of comprehensive rules and regulations governing the ongoing administration of the Town personnel system.

(B) The personnel rules shall be adopted and amended by a procedure established by the Board of Selectmen and shall carry the full force of law of this charter.

(C) Copies of the personnel rules shall be provided to each Town employee.

(5) Town charter and collective bargaining agreements:

(A) The Board of Selectmen may not commit the Town to any collective bargaining agreement which shall contradict, violate, or circumvent any provision of this charter or ordinances passed pursuant to this charter.

(B) Board of Selectmen may commit the Town to bargaining agreements which shall act as a substitute for rules and regulations promulgated pursuant to this charter.

(6) Service of Town employees in elective or appointive office:

(A) A Town employee may not, other than membership in the General Assembly, hold a local, State, or federal elective office which makes policy that shall directly or indirectly affect his/her department or any Town functions while employed by the Town of Springfield.

(B) A Town employee may be appointed to a board or commission, provided that the appointment does not make policy which directly affects the employee's conditions of employment or compensation.

(C) A Town employee may not be disciplined in any way for failing to electioneer on behalf of any candidate for any local Town elective office, contribute financially to a local candidate's campaign, or take or advocate a position on referendum questions.

(D) Nothing herein shall limit the right of an employee to express his/her opinion, belong to a political party, or exercise his/her right to vote, except as limited in subsection (c) above.

(E) Nothing herein shall limit the right of employees to participate in the elective process for State and federal offices.

(7) Surety bonds: Any Town officer and employee, as required by the Board of Selectmen, shall annually give surety bonds to the satisfaction of the Board of Selectmen for the faithful discharge of his/her duties. In the event any officer or employee neglects to give a bond as herein specified, after 10 days' notice from the Board that he/she is required to do so, his/her office shall thereupon become vacant and the vacancy shall be filled as provided in this charter. Each bond must be approved by the Town Attorney. All official bonds shall be corporate surety bonds, and the premiums thereon shall be paid by the Town. Such bonds shall be filed with the Town Clerk.


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