Andover's Governance Structure: Board of Selectmen, First Selectman, and Town Administrator

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This document explains the three overlapping executive roles at the center of Andover's town government — the Board of Selectmen, the First Selectman, and the Town Administrator — and how authority is distributed among them. Understanding these distinctions matters for anyone trying to figure out who made a decision, who has the power to change it, and who to hold accountable. References to Charter sections link to the online version at charter2024.andoverct.info.

A Council-Manager Structure

Andover operates what political scientists call a council-manager model of local government: voters elect a board that sets policy (the Board of Selectmen), and that board hires a professional manager to carry out those policies (the Town Administrator). The First Selectman sits at the intersection of both — the elected political leader who presides over the Board and serves as the town's public face, but who does not manage day-to-day operations.

The three roles are distinct:

The Board of Selectmen

Under Section 401, the Board consists of five members, no more than three of whom may be from the same political party. Members are compensated as approved in the Town budget, including reimbursement of reasonable expenses.

Powers and Duties

The Board of Selectmen retains all powers conferred by state law and, under Section 402, has additional Charter powers including:

• Enact minor ordinances without a Town Meeting — defined in Section 105H as those necessary for day-to-day town maintenance, such as setting speed limits on Town roads or fixing hours for Town facilities.
• Recommend to Town Meeting the creation, consolidation, modification, or abolition of boards, agencies, departments, and commissions not in the Charter. (The BOS itself may create a temporary body for a non-renewable term of up to 18 months without Town Meeting approval.)
• Accept Town roads on behalf of the Town, provided they comply with planning and zoning regulations, meet engineering standards, and come with approved deeds.
• Fix charges for Town services.
• Compile the Annual Town Report.
• Make appointments to local and regional agencies as provided by law.
• Set its own rules of procedure, including how special meetings are called.

For major ordinances not covered by the minor-ordinance definition, the BOS must hold at least one public hearing (with at least five business days' advance notice) before passage (Section 404). Ordinances are given serial numbers, recorded by the Town Clerk, published in summary form within ten days, and take effect on the 21st day after publication — unless a later date is specified or the ordinance is challenged.

Quorum and Voting

A majority of the entire Board (three of five) constitutes a quorum. No ordinance, resolution, or action — other than a vote to adjourn or schedule the next meeting — may be adopted by fewer than a majority of the entire Board (i.e., three votes, whether or not all five are present). Each member's vote is recorded at the session and reported in the minutes. Any Selectman may make a motion without a second (Section 403).

All meetings are open to the public except when the Board may lawfully convene in executive session.

Emergency Ordinances

When a public emergency requires immediate legislative action, the BOS may pass an emergency ordinance without a public hearing. It takes effect immediately, must state the facts constituting the emergency, and must be published as soon as possible. Every emergency ordinance automatically expires at the end of the 61st day following passage — though if the emergency continues, the BOS may extend it for one additional period of up to 60 days (Section 406).

Removal of Appointed Board Members

The Board of Selectmen may remove any appointed Town board member for cause by an affirmative vote of four of the five members. The process: the BOS adopts a resolution proposing removal; the affected member is served with written notice by certified mail explaining the reasons; within 15 days, the member may request a public hearing at which they may appear with counsel; the BOS must issue a final decision within 15 days of the close of that hearing. The decision is final (Section 410).

The First Selectman

The First Selectman is the Chief Elected Officer of the Town (Section 501). The office is not separate from the Board of Selectmen — the First Selectman is one of the five Selectmen, is a full voting member of the Board, and presides at all Board meetings.

Beyond presiding, the First Selectman (or a designee, who must be a Selectman) serves as an ex officio member of every other town commission, board, and agency. This is a non-voting, participatory role: it gives the First Selectman (or their designee) the right to attend and participate in any board's meetings, but not to vote or take part in the board's decisions.

In the absence or temporary disability of the First Selectman, the Vice First Selectman — a Selectman chosen by majority vote of the full Board at its first meeting after each biennial election — takes over (Section 403).

The Town Administrator

The Town Administrator is the Chief Executive Officer of the Town, responsible to the Board of Selectmen for the supervision, direction, and administration of all Town departments, agencies, and offices — except the Board of Education and town agencies whose heads or members are elected by popular vote (Section 701A).

This is the operational manager of Andover's government. While the Board of Selectmen sets policy and the First Selectman serves as political leader, the Town Administrator actually runs the day-to-day machinery.

Appointment

The BOS appoints the Town Administrator by majority vote, based on the recommendation of a search committee (Section 701B) consisting of:

• 2 members of the Board of Selectmen
• 1 member of the Board of Finance
• 2 at-large electors who hold no public office, chosen by the three public officials above

No bare majority of the search committee may be registered members of the same political party. The selection process includes an advisory screening committee of incumbents from similar positions in other towns. The search committee's recommendation to the BOS is by simple majority.

The Town Administrator must have a Bachelor's degree (or equivalent combination of education, training, and experience) and must devote full working time to the office (Section 701C).

Duties

The Town Administrator's 15 enumerated duties (Section 701D) include:

• Ensure that all laws and ordinances are faithfully executed
• Make periodic reports to the Board of Selectmen
• Attend BOS meetings with full participation rights — but without a vote
• Make a continuous review of current and future Town needs; require reports from any Town agency
• Recommend measures to the Board of Selectmen as needed
• Keep the BOS informed of state and federal grant opportunities; apply for and implement grants
• Periodically review all Town insurance coverage (including the BOE's) and recommend changes
• Assist in preparing and printing the Annual Town Report
• Keep the BOS and Board of Finance fully advised of the Town's financial condition
• Prepare and submit the proposed annual budget to the BOS and Board of Finance
• Expend or withhold funds necessary for sound Town operations, consistent with the Charter
• Control all purchasing — buy or lease supplies, materials, equipment, and commodities for any Town office, board, agency, or commission, including the BOE to the extent the BOE authorizes it (excludes real estate and motor vehicles, which are handled differently)
• Assist in developing long-term goals and implementation strategies
• Promote partnerships among the BOS, Board of Finance, and citizenry
• Exercise such other authority as required by ordinance or BOS resolution

The purchasing control is significant: under Section 806A, no purchase may be made by any agency except through the Town Administrator (or a person the TA designates). The BOE is explicitly excluded from this requirement. Similarly, under Section 806B, no claim against the Town may be paid until it has been examined and approved by the TA and the relevant department head, and checks are signed by the Town Administrator. In the TA's absence, the First Selectman acts in this capacity.

Removal

The Town Administrator serves at the pleasure of the Board of Selectmen. Removal requires a four-fifths (80%) vote — four of the five Selectmen (Section 701E).

The process: at least 30 days before the proposed removal, the BOS adopts a resolution stating its intention and the reasons. The resolution is served on the Administrator, who has 10 days to demand a public hearing. If a hearing is requested, removal cannot occur until the hearing is held. During the suspension period (after the resolution passes, before removal is final), the Administrator's salary continues. The BOS decision is final.

On the Administrator's suspension, removal, or resignation, the BOS may appoint a temporary Administrator to serve until a permanent replacement is appointed through the full search process (Section 701E(2)).

Administrative Officers

Below the Town Administrator, Section 702 establishes a roster of administrative positions. Most are appointed by the Board of Selectmen (with the exception of the Town Clerk, which is elected). The key positions are:

The competitive examination requirement (Section 701) applies to the Assessor, Building Official, Treasurer, Tax Collector, and Public Works Maintenance Team Leader. For these positions, a screening committee composed of incumbents from similar positions in other towns evaluates candidates before the BOS makes the appointment.

The Town Attorney's duties include: representing the Town in all legal proceedings; providing written legal opinions to officials upon written request from the First Selectman or BOS; preparing and approving contracts; settling claims with BOS approval; and attending Town Meetings when requested. Any board — including the BOS, BOE, Planning and Zoning Commission, or Zoning Board of Appeals — may retain special counsel independently when needed.

How the Three Roles Relate in Practice

A few practical illustrations:

• Budget preparation: The Town Administrator prepares and submits the proposed budget to the BOS and Board of Finance (Section 701D(10)). The BOS participates in joint budget review meetings with the BOF. The First Selectman presides over BOS meetings at which budget decisions are made. No one of the three acts alone.

• Ordinances: The BOS adopts ordinances (minor ones on its own; major ones after a public hearing). The Town Administrator enforces them. The First Selectman presides over the BOS vote.

• Emergencies: Either the Town Administrator or the First Selectman may declare a public emergency and mobilize Town resources (Section 405). Emergency spending is authorized by vote of the BOS up to $10,000 per occurrence (Section 809).

• Grants: The Town Administrator identifies and applies for grants (Section 701D(6)), but participation in a grant program requiring more than $25,000 in Town matching funds requires Town Meeting approval (Section 304G).

• Purchasing: The Town Administrator controls all purchasing for Town agencies — but the BOS sets the purchasing rules and policies in consultation with the Board of Finance and the Capital Improvement Plan Committee (Section 807).

Key Charter Sections Referenced

• Section 105H — Definition of "minor ordinance"
• Section 401 — Board of Selectmen: composition and compensation
• Section 402 — Board of Selectmen: general powers and duties
• Section 403 — Board of Selectmen: procedure, quorum, Vice First Selectman
• Section 404 — Ordinances: public hearing, publication, effective date
• Section 405 — Public emergencies
• Section 406 — Emergency ordinances
• Section 410 — Removal of appointed board members for cause
• Section 501 — First Selectman: general role and ex officio membership
• Section 502 — First Selectman: duties
• Section 701 — Town Administrator: appointment, competitive examination
• Section 701A — Town Administrator: authority scope
• Section 701B — Town Administrator: appointment procedure
• Section 701C — Town Administrator: qualifications
• Section 701D — Town Administrator: duties (15 enumerated)
• Section 701E — Town Administrator: removal
• Section 702 — Administrative positions
• Section 806A — Purchasing through the Town Administrator
• Section 806B — Approval and payment of claims
• Section 807 — Purchasing policies and the CIP Committee
• Section 809 — Emergency appropriations

This document is intended as an informational overview for residents and officials. It was written by Scott Sauyet. I am not a lawyer; this is not legal advice. The authoritative sources are the Andover Town Charter and the Connecticut General Statutes.