[Adopted as §§ 2-1 through 2-8 of the
1965 Code]
The Executive and Administrative Department
shall be in charge of the Mayor, who shall be the chief executive
and administrative officer of the City.
All deeds, convfeyances, leases and other instruments
which shall be given by the City and which must be signed, sealed
or acknowledged shall be signed, sealed, acknowledged and delivered
on behalf of the City by the Mayor, but this provision shall not be
construed to prevent any officer from executing any conveyance, lease,
contract or other instrument in the performance of the duties devolving
upon him. The Mayor may also discharge any mortgage or lien when the
amount due and payable thereon has been paid or may assign the same
without liability or recourse to the City, and for that purpose may
execute and deliver all necessary papers.
A.
The Mayor shall appoint in January of each year, in
the manner prescribed by law, for the term of one year ending with
the first Monday of January next succeeding the date of appointment,
the following officers:
(1)
A local Superintendent for the Suppression of Gypsy
and Brown-Tail Moths (this appointment subject to the approval of
the State Forester).
(2)
Tree Warden (this appointment subject to the approval
of the State Forester).
(3)
One or more Constables.
(4)
One or more Special Police Officers without pay.
(5)
One or more Public Weighers.
(6)
Workers' Compensation Agent.
[Amended 6-3-2014 by Ord. No. 100-2014]
(7)
One or more Field Drivers.
(8)
One or more Fence Viewers.
(9)
One or more Poundkeepers.
(10)
Keepers of the Lockup.
(11)
One or more persons to superintend the care of the
graves of veterans.
B.
The Mayor shall appoint, in the manner provided by
law, at the times and for the terms hereinafter specified, the following
officers:
(1)
In January.
(a)
One member of the Board of Public Welfare for a term
of three years.
(b)
One trustee of the Public Burial Grounds for a term
of three years.
(c)
Four Trustees of the Public Library for a term of
three years.
(d)
City Treasurer and Collector of Taxes for a term of
three years.
(e)
One member of the Board of Health for a term of three
years.
(f)
One Assessor of Taxes for a term of three years.
(g)
One member of the Planning Board for a term of five
years.
(h)
Superintendent of Public Buildings for a term of three
years.
C.
All the provisions in this chapter with reference
to the time of making appointments shall be construed as directory
only. Appointments may be made by the Mayor at any time during the
30 days next prior to the expiration of the then current term of office,
provided that such term of office expires during the term of the then
duly Acting Mayor. All appointees shall be notified of their appointment
by the City Clerk and shall qualify with the City Clerk within 30
days after the appointment unless otherwise expressly provided, and
failure to qualify within such period shall automatically vacate the
appointment and authorize the Mayor to make a new appointment.
[Added 7-20-1971 by Ord. No. 543-71; amended 7-5-1972 by Ord. No. 335-72; 9-5-1978 by Ord. No. 451-78; 6-4-1985 by Ord. No. 182-85; 2-2-1993 by Ord. No. 356-92; 5-13-2008 by Ord. No. 086-08]
A.
The Mayor shall appoint the administrative heads of
the Departments of Community Development, Finance and Administration,
Chief of the Fire Department, Human Services, Chief of Police and
Public Works. The Mayor shall also appoint the Director of Human Resources,
the Procurement Officer,[1] the Treasurer-Collector, the City Solicitor, the Auditor
and members of the Board of Assessors and the administrative heads
of any division within the City’s departments, except for those
appointments made by a board or commission pursuant to the authority
of such board or commission under the law of the commonwealth or this
Code. Discretionary appointments made by such boards and commissions
are subject to the approval of the Mayor unless prohibited by statute
or otherwise provided for in this Code. The employment, or continued
employment, of such appointees is contingent upon appropriations for
the positions made in the City’s annual budget as approved by
the Council and submitted by the Mayor, who has the discretion not
to provide funding for any position unless the funding is mandated
by state or federal law. When the Mayor creates a selection committee
for the hiring of any department head or division head per § 3-19A's
organizational structure, one member of the City Council must be on
said committee, and that member shall be chosen solely by the City
Council President unless otherwise stipulated by ordinance. With the
exception of the City Solicitor, department heads and division heads
appointed by the Mayor are subject to Council approval.
[Amended 6-3-2014 by Ord. No. 102-2014; 10-21-2014 by Ord. No.
266-2014]
B.
The Executive Office of the Mayor shall include such personnel as may be in the City budget approved by the City Council. The department heads, and the division heads whose attendance the Mayor may require, shall meet regularly with the Mayor to advise the Mayor on the affairs of the City within their respective jurisdictions. They will work under the supervision and direction of the Mayor, coordinating their work as needed or as directed by the Mayor. Mayoral appointees shall hold office for the terms of their respective written appointments. Unless otherwise mandated by the law of the commonwealth, if any appointee continues in office after the term of the appointment, the employee remains in office as an employee at will until a successor is appointed and qualified or the employee is reappointed, in writing, by the Mayor and confirmed by the Council. Upon qualification of the successor, the employment of such employee at will expires. Upon expiration of the appointment term of any department head or division manager who is subject to City Council confirmation as identified in § 3-4A or § 3-19, such department head or division manager may be permitted to continue in office as an employee at will for no longer than six months after the expiration of his or her appointment term. The Mayor shall submit a new appointment or reappointment of the expired department head or division manager position to the City Council for confirmation no later than six months from the expiration of the appointment term. No person has any entitlement or right to expect renewal of an appointment, and the Mayor's nonrenewal of any appointment does not constitute termination of employment.
[Amended 6-6-2017 by Ord.
No. 155-2017]
[Added 2-2-1993 by Ord. No. 356-92; amended 6-3-2014 by Ord. No. 100-2014]
The Mayor shall, subject to the confirmation of the City Council, appoint within his or her office a Director, Human Resources, for a term of not more than three years, the term to be of such length that it shall expire at the midpoint of a term of office of the Mayor of the City of Fitchburg. Any temporary appointment under the provisions of this section shall not be for a period longer than six months and shall not be followed by any successive temporary appointment. The function, duties and responsibilities of the Director, Human Resources, are set out as Article XXXIII of this chapter.
Temporary appointments may be made by the Mayor,
without confirmation by the City Council, to any administrative office,
board or commission made vacant by resignation, death, suspension
or removal from office either by the Mayor or the City Council, or
by any other cause, of the administrative head of any department or
of any member of the boards or commissions. Such temporary appointments,
in case of a suspension or removal, shall be in effect only for a
period of time allowed for the filing of notice of demand for and
during a public hearing before the City Council and pending a decision
thereon, or in other cases pending confirmation by the Council of
a permanent nomination.
All nominations made by the Mayor, that are
subject to confirmation by the City Council, to fill expired or unexpired
terms of office, shall be considered by the City Council and confirmation
or rejection of such nominations shall be acted upon within a period
of 60 days. If no action is taken by the Council within that period,
the Mayor shall withdraw the nomination and file another nomination
either of the first person nominated or of a different person; provided,
however that the Mayor shall not nominate any person more than twice
in the same year for the same office.
A.
Whenever any person holding an office filled by appointment
of the Mayor shall be temporarily or otherwise disabled from discharging
the duties of his or her office, the Mayor may, without confirmation
by the Council, designate some other person or officer to perform
the duties of such office during the period of such disability, such
period not to extend more than 60 days.
[Amended 6-3-2014 by Ord. No. 100-2014]
B.
Whenever a vacancy shall occur in an office, the Mayor
shall appoint some person to hold the office for the remainder of
the unexpired term and until his or her successor is appointed and
qualified. Such appointee shall be confirmed by the Council if the
original appointment required confirmation.
[Amended 6-3-2014 by Ord. No. 100-2014]
C.
Whenever a vacancy occurs in any of the following
offices or positions, the Mayor shall fill the said vacancy in accordance
with the provisions of Chapter 31 of the General Laws or any amendment
thereof or substitution therefor:
[Amended 6-3-2014 by Ord. No. 100-2014]
The Mayor, during his or her term of office,
shall serve as a member of the Trustees of Burbank Hospital.
[Amended 6-17-1969 by Ord. No. 372-69; 7-31-1973 by Ord. No. 403-73; 5-5-1987 by Ord. No. 194-87]
The salary of the Mayor shall be as set forth
in the current salary ordinance of the City.
