[Adopted as §§ 2-18 through 2-35, 2-37,
2-38, 2-55.1 of the 1965 Code]
[Amended 5-13-2008 by Ord. No. 086-08]
A.
Establishment of administrative departments.
(1)
There shall be, and are hereby established, the following
administrative departments which shall constitute the departments
of the City, whose department heads and employees shall perform the
duties prescribed by law or by ordinance and such further duties,
not inconsistent with the nature of their respective offices or with
the General Laws, as the Mayor may direct or Council may from time
to time prescribe by ordinance. The department heads shall, under
the supervision of the Mayor, perform their respective duties collaboratively,
forming a consulting team serving the Mayor as the Chief Executive.
In the event a department head position is vacant due to the position
not being funded, prolonged absence, or otherwise, the division heads
in said department shall report directly to the Mayor.
[Amended 6-3-2014 by Ord. No. 101-2014]
(a)
The Department of Community Development, which
shall consist of a Division of Economic Development, a Division of
Housing, a Division of Planning, and a Building and Zoning Division,
all of which shall work under the direction of the Director of Community
Development appointed by the Mayor.
(b)
The Department of Finance and Administration,
which shall consist of the City Auditor, the Treasurer-Collector,
the Chair of the Board of Assessors, the Purchasing Division, and
the Manager of Information Technology.
[1]
The Mayor shall appoint a Manager of Information
Technology who shall: direct, plan, manage, and improve the operations
of the City's technology systems, including data collection; coordinate
information systems and telecommunications services to and among the
departments and divisions of the City and other public and private
sector agencies; plan, coordinate, and participate in the management
of these systems and make recommendations for technical acquisitions
and improvements; develop and manage systems to coordinate data and
information sharing among municipal employees to minimize duplication
of effort and to facilitate the development of simplified systems
for the employees and the public; improve and develop network and
services and activities; provide highly technical and responsible
assistance to municipal departments and divisions; promote, improve
and organize the City's website and manage special projects.
[2]
The Auditor, Treasurer-Collector, Procurement
Officer,[1] and the Assessors shall have the authorities and be subject
to the responsibilities established by the laws of the commonwealth.
The Mayor shall appoint a Director of Finance and Administration who
shall coordinate the City's finance team under the direction of the
Mayor.
(c)
The Fire Department.
(d)
The Department of Human Services, which shall
consist of the Division of Veterans' Services, the Public Library,
the Council on Aging and the Division of Recreation. The Mayor shall
appoint a Director of Human Services who shall manage the work of
the Department.
(e)
The Department of Health, which shall have the following responsibilities: The Department of Public Health shall be under the supervision and direction of a Director of Public Health appointed by the Board of Health. The Director of Public Health shall be responsible, as the appointee of the Board of Health, for all matters relating to the public health of the City and its residents and shall exercise all the statutory and legal authority vested in a Director of Public Health and management of the sanitary inspectors under the Board's jurisdiction; management of municipal trash collection, the functions of the Sealer of Weights and Measures and the administration of the City's recycling programs, including the implementation of Massachusetts General Laws Chapter 40, Section 8H.
(f)
The Police Department.
(g)
The Department of Public Works, which shall
consist of the Division of Cemeteries, the Division of Parks, the
Division of Streets, the Water Enterprise Division, the Division of
Public Facilities, the Wastewater Enterprise and Sewer Division, and
the Division of Public Facilities.
(h)
The Building and Zoning Enforcement Department.
[Added 6-3-2014 by Ord. No. 103-2014]
(2)
The creation of the municipal departments is intended
to serve the administrative needs of the City. Nothing in this section
shall be construed to diminish or alter the statutory or common law
authority of any public officer, board or commission conferred by
the law of either the Commonwealth of Massachusetts or the United
States. This organization of the City into departments is not intended
to implement the provisions of MGL c. 43C.
(3)
In the event a selection committee is created by the Mayor for the hiring of either a department head or a division head as so designated in § 3-19A of the City Code, the Director of Human Resources shall be appointed as a member of the selection committee.
[Added 10-21-2014 by Ord. No. 264-2014]
B.
Establishment of boards and commissions. There shall
be and are hereby established the following boards and commissions
of the City, which shall perform the duties prescribed by law or by
ordinance, and such further duties, not inconsistent with the nature
of their respective offices or with the General Laws, as the Mayor
or Council may from time to time prescribe.
(1)
Airport Commission.
(2)
Board of Assessors.
(3)
Board of Cemetery Commissioners.
(4)
Board of Health.
(5)
Board of Park Commissioners.
(6)
Commissioners of Trust Funds.
(7)
Council on Aging.
(8)
Insurance Commission.
(9)
Licensing Board.
(10)
Planning Board.
(11)
Board of Zoning Appeals.
(12)
Retirement Board.
(13)
Trustees of the Public Library.
(14)
Conservation Commission.
(15)
Historic Commission.
(17)
The Board of Registrars of Voters.
E.
The City Clerk, elected by the City Council, shall be the administrative head of the Office of the City Clerk and shall have the supervision and charge of the City Clerk's Department. The Clerk shall have all of the responsibilities and duties established by statute and as described in §§ 3-40 through 3-48 of this Code.
[Amended 6-1-1976 by Ord. No. 337-76]
Whenever it is provided in this Code that a
board or officer shall have charge of a department or office, it shall
be construed to mean that the board or officer shall have charge,
subject to the supervision, direction and control of the Mayor, with
the express approval of the City Council, unless otherwise expressly
provided by law.
[1]
Editor's Note: Former § 3-21, Inspector
of Animals, was repealed 5-13-2008 by Ord. No. 086-08.
Administrative heads of departments, boards
and commissions shall, with the approval of the Mayor, have the power
to appoint and employ and to suspend or discharge all subordinate
officers and employees in their respective departments, subject to
the Civil Service Act and laws relating thereto, and shall cause to
be kept in their respective departments or boards a record, subject
to public inspection, of all persons appointed or employed therein
and all persons suspended or discharged and, in case of suspension
or discharge, the reason therefor.
This section intentionally left blank.
[1]
Editor's Note: Former § 3-23, Residency requirement,
was repealed 11-7-2019 by Ord. No. 251-2019.
[Amended 6-3-2014 by Ord. No. 100-2014]
No officer, department head, board member or
employee of any department shall be interested, either directly or
indirectly, in any contract for labor or materials with the department,
board or commission of which he or she is a member or by whom he or
she is employed.
[Amended 5-13-2008 by Ord. No. 086-08]
All terms of office for definite periods, unless
otherwise provided herein or by law, shall commence as of the first
Monday of January in the year of appointment and shall expire as of
the first Monday of January in the year of the expiration of such
term. All appointees shall serve for the term for which they are appointed
and until their respective successors are duly appointed and qualified.
The mayor shall make appointments, in writing, and the officers or
personnel so appointed, and confirmed by the Council if such confirmation
is required, shall serve until the expiration of their appointed term
or until their successor takes office. The Mayor may reappoint such
officers subject to Council confirmation, where applicable. An appointed
officer continuing in office beyond the expiration of an original
or successive appointment will serve as an employee at will subject
to termination at the discretion of the Mayor which may be exercised
by appointment of a successor to the office.
Where appointments or compensation are governed
by the provisions of the Civil Service Act, appointments shall be
made and compensation fixed and paid in accordance with the provisions
of such Act rather than in accordance with this chapter if there is
any conflict between this chapter and the Civil Service Act.
All departments, boards and officers of the
City shall cooperate with each other and render services and assistance
to each other whenever reasonable and proper.
The provisions of this chapter, insofar as they
relate to the powers, duties and responsibilities of boards, officers,
agents, departments or department heads, shall not restrict their
respective powers, duties and responsibilities, but shall be in addition
to the powers, duties and responsibilities vested in and imposed upon
them by law. Each of them shall perform such other duties and assume
such other responsibilities as may be reasonable and proper in order
to fully and effectually execute the powers, duties and responsibilities
of their respective offices.
[Amended 6-3-2014 by Ord. No. 100-2014]
All bonds required to be given by any officer,
agent or employee of the City shall be approved as to form by the
City Solicitor and, as to the sureties thereon, shall be approved
by the Council, unless the General Laws otherwise expressly provide,
before the officer, agent or employee enters upon the performance
of his or her official duties. All bonds of City officers, except
that of the City Clerk, shall be kept by the City Clerk, and the bond
of the City Clerk shall be kept by the City Treasurer. The cost of
obtaining such bonds shall be borne by the City and shall be paid
from the appropriation made for such board, officer and department.
No department, board, commission, officer or
agent of the City, unless authorized or required by law so to do,
shall furnish any labor or materials to any person unless and until
the person applying for the same shall have deposited with the City
Treasurer an amount equal to the estimated cost of such labor and
materials. If the amount so deposited is in excess of the cost of
such labor and materials, the City Treasurer shall remit such excess
to the person entitled thereto, and if such deposit proves insufficient
to pay such cost, the City Treasurer shall collect the balance thereof
from the person who applied for the same.
[Amended 7-29-1969 by Ord. No. 342-69]
A.
All offices in the City Hall shall be open every day,
except Saturdays, Sundays and holidays, continuously from 8:30 a.m.
to 4:30 p.m., with a one-hour lunch period. All full-time officers,
department heads, agents, employees and board members shall devote
all their time during regular working hours, except during the period
allowed for lunch and vacations, to their duties and shall not engage
in any other business or occupation.
B.
Notwithstanding the above, regular working hours
shall be defined as follows:
[Added 5-1-1973 by Ord. No. 196-73]
(1)
All clerical employees: 35 hours per week.
(2)
All inspectors and all engineers: 37.5 hours per week.
(3)
All department heads, assistant department heads,
directors, assistant directors, superintendents, assistant superintendents,
City Engineer, Assistant City Engineer and any other employee paid
an annual salary whose hours are not established by any other ordinance,
except the Mayor and Council: no less than 40 hours per week.
The several boards and officers shall have the
care and custody of all papers and documents belonging to their respective
department and shall transmit the same to their successor in office
or to such other person as the Mayor may direct. All books, papers,
documents, maps, articles or records in the custody of the several
boards and officers shall be the property of the City.
All boards and officers having under their charge
any property, real or personal, belonging to the City shall, at the
close of each financial year and not later than the 15th day of February
thereafter, make and transmit to the Mayor and Auditor an inventory
thereof.
The several boards and officers of the City
shall have the expenditure of the appropriations made for the several
matters under their charge and shall make a written report to the
Mayor at the close of each year of their doings for the year, with
such suggestions and recommendations as they deem proper. Such report
shall signed by the head of that department and, if filed by a board,
by at least a majority of the members of such board. This annual report
shall be in addition to any other reports required by the provisions
of this chapter relating to a particular board or department.
[Amended 6-3-2014 by Ord. No. 100-2014]
The several boards and officers of the City
shall cause to be delivered to the Auditor, at the close of each month,
all accounts and claims against persons indebted to the City, who
shall take account of and deliver the same to the Treasurer for collection,
and no board or officer shall receive payment of any such account
or claim; provided that the Board of Trustees of the Public Library
may collect all fines, charges, damages to books and the price of
books, papers and catalogs sold; that the City Clerk, Sealer of Weights
and Measures and the keeper of the lockup may receive and collect
such fees as they are entitled to receive by law; that the Board of
Cemetery Commissioners may collect all accounts pertaining to its
department; and that the City Solicitor may collect such claims as
are committed to him or her or her for collection.
[Amended 6-3-2014 by Ord. No. 100-2014]
A.
Unless otherwise expressly provided, every person,
department or board receiving money in his or her capacity as an official
or employee of the City shall keep a full, complete and accurate account
thereof, which shall be open to examination or inspection by the Mayor
or City Auditor at all reasonable times, and shall pay over to the
City Treasurer or other person legally entitled to receive such money,
on or before the 10th day of each month, all sums received or collected
during the preceding month, together with a signed statement showing
the amount paid, the date same was received by him or her and the
person from whom it was received and why it was paid.
B.
All sums of money which may be received on account
of the sale of any real or personal property now belonging or which
may hereafter belong to the City, except such as may be held for any
specific trust, and all sums of money which may be received on account
of the principal sum of any bond, note or other instrument of indebtedness
now owned or which may hereafter be owned by the City, except such
as may be held for any specific trust, and all sums which may be received
on account of any other obligation or indebtedness to the City or
any of its branches or departments, shall be paid to the City Treasurer
by the various departments, board members, officers or persons receiving
same and shall be credited by him or her to the account of estimated
receipts.
All receipts from the sale of materials and
supplies or other City property or for labor performed shall be turned
over to the City Treasurer. Such receipts shall not be available for
the use of any City department, except such as are for labor, equipment
or material supplied or sold, the bills for which were duly committed
to the City Auditor and specifically marked by the Mayor, "reserved
for appropriation," and except as herein otherwise provided.
Charges from one department against another
department for furnishing or exchanging materials, supplies or other
City property or for labor performed shall be made by a transfer entry
upon the books of the City Auditor and shall not be treated as cash
transactions. All transfers shall have the approval of the Mayor.
Any expense incurred in the sale of City property or in collections
due from such sale shall be charged to the account credited with the
amount so received.
[Added 10-18-1966; amended 6-3-2014 by Ord. No.
100-2014]
There shall annually in the month of January
be appointed by the Mayor, subject to confirmation by the Council,
a broker of record whose sole duty shall be to secure for the City
an annual insurance rate, based either on a yearly term or longer
if permitted by law, which rates shall be submitted to the Insurance
Commission and the Mayor, and upon such submission of the rates, his
or her duties shall cease.
