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Hampshire Council of Governments Charter
1. Qualifications and Appointment, Term of Office
b. The administrator shall be a person qualified by education, training and
experience in public administration to perform the duties of the office. The
administrator need not be a resident of a municipal member of the
Hampshire Council of Governments at the time of appointment, but must
establish residence within the geographic boundaries of the member
municipalities of the Council of Governments within twelve months
following the appointment.
c. The administrator shall not have served in an elective office in the Council
of Governments government for at least six months prior to appointment.
Upon appointment the administrator shall devote full time to the office and
shall not hold any other public office, elective or appointive, nor engage in
any other business or occupation during the term, unless the action is
approved in writing by the executive committee.
2.Compensation
3. Powers and Duties
b. to appoint subject to provisions of collective bargaining agreements and
except as otherwise authorized by Charter, all department heads, officers,
members of boards and commissions and employees; appointments when
made shall become effective on the thirtieth day following the day on which
notice of the appointment is filed with the councilors, unless the Councilors
shall within that period by a majority weighted vote of all members vote to
reject an appointment, except that those of employees not department
heads shall become effective upon appointment;
c. to fix the compensation of all Council of Governments employees
appointed within the limits established by existing appropriations and
personnel policy as set forth in the administrative code;
d. to attend all regular meetings of the Council of Governments councilors and
their executive committee unless excused and shall have a voice, but no
vote in all their deliberations;
e. to keep full and complete records of the office, and render as often as may
be required by the Council of Governments councilors, but not less than
once each year, a full report of all operations during the period reported
on, which report shall be made available to the public.
f. to prepare and submit an annual operating budget and capital
improvements budget for the Council of Governments;
g. to keep the Council of Governments councilors fully advised as to the
needs of the Council of Governments, and recommend for adoption by the
Council of Governments measures requiring action by them or by the other
governmental bodies as may be deemed necessary or expedient;
h. to supervise the rental and use of all Council of Governments property,
except as otherwise determined by state law, and be responsible for the
maintenance and repair of all Council of Governments buildings and
facilities placed under the administrator's control by this charter or vote of
the Council of Governments councilors;
i. to keep a full and complete inventory of all property of the Council of
Governments both real and personal;
j. to negotiate contracts involving any subject within the administrator's
supervision; the contracts may be subject to final approval and execution
by the Council of Governments councilors;
k. to purchase all supplies, material and equipment for all departments and
activities of the Council of Governments;
l. to enforce, as they pertain to Hampshire Council of Governments, votes of
the councilors and their committees, the Charter, and the provisions of the
General Laws;
m. to administer the personnel policy for Hampshire Council of Governments
employees which shall include, but not be limited to personnel policies and
practices, rules and regulations including provisions for an annual employee
performance review, and all collective bargaining agreements for the
Council of Governments as set forth in this charter or the administrative
code or by vote of the Council of Governments councilors; and, in
conjunction with the personnel board, prepare, maintain, and keep current
a plan establishing the personnel staffing requirements of each Council of
Governments department;
n. to inquire into the conduct of office of any officer or employee or
department under the administrator's control;
o. to perform any other associated duties required by the administrative code
or the votes of the Council of Governments councilors; and,
p. to authorize any subordinate officer or employee to exercise any power or
duty which the administrator is authorized to perform; provided, however,
that all acts which are performed under delegation shall be deemed to be
the administrator's acts.
4. Acting Administrator
b. Any vacancy in the office of the administrator shall be filled as soon as
possible by the councilors. During the interim they shall appoint a suitable
person as acting administrator to perform the duties of the office. Such
appointment may not exceed three months, but one additional renewal may
be granted by the councilors not to exceed a second three months.
c. The powers of an acting administrator shall include authority to make
temporary, emergency appointments or designations to Council of
Governments office or employment, but no appointments or designations
of a permanent nature.
5. Annual Review of Performance; Removal and Suspension
b. The review shall take place sometime within the period of January first to
February fifteenth of each year. The councilors shall have a list of
performance criteria as pertains to the duties of the office and job
qualifications. A written report shall be filed by the councilors after the
review, to be kept in the administrator's personnel file for future reference.
The review process shall be subject to all applicable laws and the Council
of Governments administrative code.
c. The Council of Governments councilors shall make a salary determination
for the next fiscal year based on the results of the review.
d. The Council of Governments councilors, by two-thirds of the total
weighted vote may terminate the administrator from office in accordance
with the following procedure:
ii. after probationary period: the administrator shall not be dismissed
except for good cause, nor unless at least thirty days prior to the
meeting at which the vote is to be taken, the administrator shall have
been notified of the intended vote; nor unless, if the administrator so
requests in writing, shall have been furnished by the Council of
Governments councilors with a written statement of the charge or
charges or the cause or causes for which the dismissal is proposed;
nor unless, if the administrator so requests in writing, the
administrator has been given a hearing before the councilors which
may be either public or private at the option of the administrator,
and at which the administrator may be represented by counsel,
present evidence, and call witnesses to testify in the administrator's
behalf.
iii. anything contained in this provision to the contrary notwithstanding,
the non-renewal of the contract of the administrator shall not be
considered to be a dismissal and the provisions of clauses (a) and
(b) shall not apply;
iv. the administrator may be suspended from office by the procedure
following the same steps outlined above for removal; and
v. the administrator shall continue to receive that position's approved
full salary until thirty days following the date a final vote on
suspension or dismissal has become effective.
Hampshire Council of Governments Charter Index.
 Return to the Berkshire County Commission Index
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