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HomeMy WebLinkAboutTown Manager versus Executive Secretary 1968-STG-rpt.pdf 161 G STRUCTURE OF TOWN GOVERNMENT COMMITTEE TOWN MANAGER VERSUS EXECUTIVE SECRETARY FORM OF ADMINISTRATION This paper is prepared in response to the many interested Town Meeting members who have asked the Structure of Town Government Committee for information on why it is proposing a Town Manager rather than an Executive Secretary form of administra- tion. Three forms of administrative centralization prevail in Massachusetts today 1. ) Consolidated Department of Public Works which Lexington pioneered in 1922; 2. ) Executive Secretary, under which Lexington has been operating since 1961; 3. ) Town Manager, which we recommend as the next comprehensive step in establishing an executive office which fulfills on a continuing basis the staffing, directing, coordinating, planning, budgeting and reporting functions. Because of semantics, some confusion exists as to Lexington's current administrative status; the Selectmen's administrative officer is called an Executive Assistant rather than an Executive Secretary However, Lexington is designated an executive secretary town in administrative studies of Massachusetts municipalities because by definition, irrespective of title, a full-time paid administrative assistant to the Board of Selectmen, who has such duties and responsibilities as they choose to assign, is considered an executive secretary. "...the statutes are silent concerning his specific duties and the office has not yet crystallized in a form common to all towns...NO governmental powers are inherent in the office of executive secretary; he is an adjunct of the board of selectmen, the repository of power, and usually possesses only those powers delegated by the board." In only four towns, including Lexington, have the selectmen approved a written list of the specific duties assigned to the officer. Comparisons between the Executive Secretary and Town Manager forms are difficult because of the wide disparities within the forms themselves. Several generalizations may be useful, however. The methods of establishing the two forms differ. There are powers and duties unique to a manager which go beyond those possible to delegate to an executive secretary. In the Executive Secretary form the mode of selection of all officers and employees is by general law and congeries of special acts, by-laws and votes of the town while the position itself may be obtained in either of two ways. 1. ) An article in the warrant inserted by the Selectmen requesting funds for the office; they are free to discontinue the position at will. Lexington 1961. 2. ) 1956 enabling legislation, Chapter 41, section 23A, allows the Town Meeting to establish the position by by-law or vote. This permanently establishes the office but spells out no duties. ".. he may be appointed by the selectmen, or with their approval, by any other town officer, board, committee or commission to any other town office or position consistent with his office...He shall act by and for the selectmen in any matter which they may assign to him relating to the administration of the affairs of the town or any town office or department under their supervision 1. Zimmerman, Joseph F., "Executive Secretary Plan in Massachusetts," The Massachusetts Selectman, October 1967, p. 18 -2- and control, or, with the approval of the selectmen, may perform such other duties as may be requested of him by any other town officer, board, committee or commission. i2 Lexington, as well as Brookline, Framingham, Lincoln, Wellesley and several other towns have chosen not to act under this legislation, because it did not seem necessary in order to implement the plan. Also there is disagree- ment among towns as to whether the Town Meeting can specify any duties if this statute is strictly interpreted. In the Town Manager form the mode of selection of all officers and employees as well as the independent authority granted the manager are clearly and visibly spelled out in a special act which has been accepted by the voters. Duties commonly assigned to Executive Secretaries 1. ) Managing the office of the selectmen; 2. ) liaison with all town depart- ments; 3. ) budget preparation for departments under the selectmen and review and recommendations on others; 4.) clearing house for citizen complaints; 5. ) reporting and public relations; 6. ) supervising all administrative and clerical activities under the jurisdiction of the selectmen; 7. ) in all but five secretary towns he holds another position such as Town Accountant, Public Welfare Director, Finance Committee Secretary, Health Agent or Cemetery Administrator; 8. ) by acceptance of Chapter 41, section 103, a town may establish a purchasing depart- ment to handle all town purchases with no school exclusions. In some towns the executive secretary either heads or supervises that department. In Brookline, Bedford and Wayland, the Town Meeting has designated some of these duties, e.g., Brookline directed the executive secretary to prepare budgets for departments under the selectmen and to issue an annual report to the citizens, Wayland votes annually an article making the executive secretary the general office manager of the town hall. It is important to note that neither the Town Meeting nor the Selectmen may give to an Executive Secretary much of the authority uniquely assigned to town managers, because general laws and special acts would be contravened. Such a step can only be taken by legislative act or charter procedure and acceptance by the voter In summary, the "executive secretary plan of administration in Massachusetts towns in terms of duties and powers may be classified as weak and strong. An executive secretary may be simply the manager of the selectmen's office and their leg man or he may function as the equivalent of a weak town manager,"3 e.g., Brookline. Duties currently unique to Town Managers. 1. ) Broad appointive powers; 2. ) power to reorganize, consolidate or abolish departments under his supervision or create new ones (depending on act--either with or without selectmen approval); 3. ) authority to fix salaries of all officers and employees appointed by him, subject to any classification and compensation plan established by town by-law; 4. ) signing of warrants on town treasury prepared by accountant; 5. ) preparation of overall annual and capital budget; 6. ) jurisdiction 2. Massachusetts General Laws, Chapter 41, section 23A. 3. Zimmerman, Op. Cit., p. 18. -3- over rental, use, maintenance and repair of all town property; 7. ) responsibility for the preparation of plans and the supervision of construction unless otherwise assigned by Town Meeting; 8. ) legal responsibilities administering directly (or through appointees) all general and special laws, all by-laws and all regulations established by the selectmen; authority (with approval of selectmen) to prosecute, defend or compromise all litigation to which the town is a party. Problems inherent in the Executive Secretary Plan 1. Authority is often granted to the Executive Secretary on a hazy and in- formal basis with the result that the town officials and citizens are uncertain of his status and their relationship to him. 2. The duties of an Executive Secretary can change suddenly with a turnover in the membership of the Board of Selectmen. 3. Administrative theory holds that an executive must have power to appoint and remove department heads in order to control and coordinate activities of the departments effectively Even in Brookline, where the plan has developed most fully, the Executive Secretary has no appointive or removal power. 4. "The executive secretary may find his role in town administration limited because he is an ancillary official and as such has no formal authority over departments, boards and commissions not under the jurisdiction of the board of selectmen; his superintendence of town administration depends in large measure upon extra-legal authority which is largely informal and personal in nature. Consequently the synchronization of the various town boards and departments is difficult to achieve unless the executive secretary possesses a personality that fosters cooperation by adroitly persuading various town officials to work together".4 One of the reasons Brookline has been able to develop the strongest plan in the state is because it has ended administrative fragmentation and departmental autonomy by placing independent town officials under the aegis of the Selectmen through a series of special acts and by-laws over a period of years. 5. In many towns the plan is a "highly personal arrangement and is closely identified with the incumbents who undoubtedly are principally responsible for the success of the plan. It is difficult to predict whether a smooth transition will be made. . "5 "Implicit in this discussion of the executive secretary to the board of selectmen have been two important facts concerning the men who occupy these positions. They are: 1. the present executive secretaries have been for the most part life-long residents of the communities who have been the only persons to occupy the positions; 2. they have generally been employed or involved in some manner in town government prior to assuming their secretarial duties and responsibilities. These two con- siderations are important to the future of the position. .because the position of the executive secretary is so intertwined and identified with the personality of the occupants, the question may well arise as to whether a suitable replacement can be found".b 4. Zimmerman, Ibid., p. 21 5. Zimmerman, Ibid., p. 28 6. Dowling, Edward T., Aarinistrative Organization in Massachusetts Towns Bureau of Government Research, Univ. of Massachusetts, 1960, p. 34. -4- In summary, we cite Dowling: "Attractive though the executive secretary position may be, it can accomplish only limited objectives. It can provide full- time professional Administration in the office of selectmen and varying degrees of direction to and control of departments under the jurisdiction of the selectmen. It can supply services to other independent departments, boards, or commissions -- if they desire such services -- but it cannot abolish, reorganize, or consolidate these departments, boards or commissions. From a theoretical view of public administration it provides an opportunity for much useful executive or managerial service although laboring under some potentially serious handicaps. Certainly the fact that it has its duties and responsibilities determined and delegated by a three or five man board of selectmen--whose membership may be altered by a fickle electorate--rather than a charter or statute, must be considered less than an ideal situation. The prospect of the position fluctuating in prestige and responsibility as a result of varying concepts of its proper role by different boards of selectmen is a very real possibility Further, because relationships with other independent segments of the town government are based almost entirely on the personal tact and diplomacy of the executive secretary plus a recognition of his competence, often grudgingly admitted after several years, the recruitment of a replacement and his acceptance by these d2artments, boards and commissions may prove to be a greater than usual problem" WHY THE STRUCTURE OF TOWN GOVERNMENT COMMI litE HAS ELECTED TO RECCMMEND A TOWN MANAGER RATHER THAN CONTINUING OR STRENGTHENING THE EXECUTIVE SECRETARY 1. Delegation by the Selectmen has not worked out as hoped by those originally establishing the position. The Executive Assistant's duties have developed very slowly. This committee believes that the gradual evolution of the position and the piecemeal administrative consolidations that some have suggested take place over a number of years are not sufficient or timely enough to solve even the immediate problems delineated in our Town Manager report. Brookline's evolution began in 1942 and its Structure of Government Committee is currently seeking ways to strengthen the position. As we began our study, we found considerable official reluctance to consider separate step by step proposals, and much unanimity of thought that we bring in one consistent comprehensive proposal. 2. Since the executive secretary can be delegated formal authority only over those officers, departments, boards and commissions under the jurisdiction of the Selectmen, the role of Lexington's Executive Assistant could be strengthened to equal Brookline's by bringing all of our independent depart- ments, boards and commissions under the Selectmen. This would require one special act or charter or amendment of existing special acts. In addition, some further powers would have to be assigned by the Selectmen and/or the Town Meeting. We do not recommend this for the following reasons. a. There was not enough widespread support for the Town Meeting Members Association Committee's plan, which proposed an administration closely paralleling that of Brookline today, to encourage us to believe that this would be acceptable as a definitive solution. b. We noted considerable opposition to having the Selectmen rather than a professional the appointing authority for all positions under such a centralized administration, especially for those with purely administrative or operational responsibilities. 7. Dowling, Ibid., p. 34 -5- c. We question if these measures would sufficiently strengthen the position to attract the professional managerial competence we feel is needed in a chief administrative officer for a town the size of Lexington. Town managers are now highly trained professionals educated in public administration by some 37 universities. We are doubtful if they would be attracted to a position in which they do not have appointing authority and are not free to establish, with the approval of the Selectmen, their own administrative organization. d. Even in the strongest Executive Secretary form we question if the Selectmen would be freed from enough administrative detail to focus their attention on overall policy-making and planning. e. We are aware of the study currently underway in Brookline where the administrative centralization has evolved into the state's strongest executive secretary plan. Its Structure of Government Crnmnittee is reported to feel that, in order to ensure a competent professional replacement for the present incumbent who is shortly to retire, more power must be given to the office. In particular, they feel they must grant some appointing authority. Our experience and that of other towns is a convincing argument to Lexington's Structure of Town Government Committee for recommending a strong administrative officer with the responsibilities and commensurate authority that only a Town Manager may be given. Structure of Town Government Committee Margery M. Battin, Chairman Alan G. Adams Arthur E. Bryson Harriet V Reiman Stephen T. Russian ATAT,TC RAPRy Acton, Town of, Report of the Committee on Town Administration, March 1965 Brookline, Town of, By-Laws Bureau of Public Affairs, Administrative Study, Community Renewal Program Brookline Boston College, Chestnut Bill, Massachusetts, August 1966 Dowling, Edward T., Administrative Organization in Massachusetts Towns,Bureaus of Government Research, University of Massachusetts, Amherst 1960 League of Women Voters of Lexington Long Range Fiscal Planning Committee, co- chairmen Margery M. Battin -- Ruth F. Souza, 1959 Study of the Executive Secretary Plan, Interviews of correspondence with Executive Secretaries: Ipswich, Wakefield, Wellesley, Weston, Winchester. Report of the 1957 Needham Town Manager - Executive Secretary Committee Lexington Selectmen, "Clarification of Duties of Selectmen's Executive Assistant" O'Shea, Arthur J., "The Executive Secretary in Town Government", The Massachusetts Selectman, April 1962, January 1966 Zimmerman, Joseph F., "Executive Secretary Plan in Massachusetts", The Massachusetts Selectman. October 1967, pp. 17-28 Telephone Conversations 1966-1968 Carter, Mr.-Executive Secretary Weston McCarthy, John - Executive Secretary Wakefield Myerson, Mrs. Morton - Chairman, Brookline Structure of Government Committee O'Shea, Arthur J. - Executive Secretary Brookline Styles, Mr. - Executive Secretary Sudbury Taylor, Mr. - Executive Secretary Wayland