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Town of Dexter

ARTICLE IV
ADMINISTRATIVE DEPARTMENTS

Section 4.01. General provisions
A. (a) Creation of departments. The council may by ordinance establish town departments, offices or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. B. (b) Appointments. The following (officers) officials and other municipal boards committees and commissions shall be appointed by (ballot) a majority vote of the members of the town council: town manager, assessor, planning board, board of appeals and other boards, committees and commissions when such appointment is required by state statute, (or) municipal ordinance or committee/board/commission by-laws.

1. Appointment terms should begin on January 1 of each year and end on December 31 of each year. Annual appointments for the forthcoming year should be completed no later than the last day of December of each year, unless circumstances dictate otherwise. The council may, where appropriate, vest in the town manager all or part of the duties of any office.

2. The town manager shall appoint annually the assistant town manager, town clerk, (town attorney,) treasurer, tax collector, (town assessor) and department heads subject to the confirmation of the town council, and shall have the power to remove such appointees when necessary. He/she shall appoint and remove all other administrative officers and town employees, except as he may authorize the head of a department or office to appoint subordinates in such department or office, except as otherwise provided in this charter or by ordinance.

Section 4.02. Personnel system.
A. (a) Merit principle. All appointments and promotions of town (officers) officials and employees shall be made solely on the basis of merit and fitness demonstrated by examination, performance or other evidence of competence.

B. (b) Personnel director. The town manager or an appointee shall be the personnel director.

C. (c) Personnel advisory board. There shall be a personnel advisory board consisting of 3 members for a 3-year term appointed by the town council from among the qualified voters of the town. (The first appointments to this board shall be made in the following manner: One member for 3 years, one member for 2 years and one member for one year. All succeeding appointments shall be made for terms of 3 years.)

D. (d) Personnel rules. (The Personnel Director after consultation with a representative of all employees shall prepare personnel rules. The town manager shall submit such rules to the council which the council shall adopt by ordinance with or without amendment. These rules shall provide for:) The Personnel Director shall administer a set of rules governing all municipal employees. The Town Council may amend these rules as it deems necessary. These rules shall provide for:

1. The classification of all town positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances;

2. A pay plan for all town positions;

3. Methods for determining the merit, performance and fitness of candidates for appointment or promotion, demotion or dismissal;

4. The policies and procedures regulating reduction in force and removal of employees;

5. A retention and retirement plan for town employees;

6. The hours of work, attendance regulations and provisions for sick and vacation leave;

7. The policies and procedures governing persons holding provisional appointments;

8. The policies and procedures governing relationships with employee organizations;

9. Policies regarding in-service training programs;

10. Grievance procedures, including procedures for the hearing of grievances by the personnel (appeals) advisory board, which may render advisory opinions based on its findings to the town manager with a copy to the aggrieved employee; and

11. Policies regarding a standard of employment conduct.

12.(11) Other practices and procedures necessary to the administration of the town personnel system

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Section 4.03. Town Attorney.
There shall be a Town Attorney of the town, appointed contracted by the manager, who shall serve as chief legal adviser to the council, the manager and all town departments, offices and agencies. (shall represent the town in all legal proceedings) The Town Attorney shall be considered an independent contractor. The Town Attorney shall represent the town in those legal proceedings requiring the assistance of an attorney and shall perform any other duties prescribed by this charter or by ordinances.

Section 4.04. Auditor.
The Council shall appoint and/or contract with a qualified public accountant for the purpose of conducting the annual audit of the prior fiscal year municipal finances.

Section (4.04.) 4.05. Oath of office.
Every officer of the town shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the town clerk.;
"I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Maine; that I will, in all respects, observe the provisions of the charter and ordinances of the Town of Dexter, and will faithfully discharge the duties of the office of __________________."

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