A.
Establishment. There shall be a Town Accountant.(See MGL c.
41, §§ 44 to 61.)
B.
Mode of appointment. The Town Manager shall appoint a Town Accountant.
The Town Accountant shall hold no other town office involving the
receipt or disbursement of money.
C.
Authorities and responsibilities.
(1)
The Town Accountant shall examine the books and accounts of
all town officers and multiple-member bodies entrusted with the receipt,
custody or expenditure of money, and all original bills and vouchers
on which money has been or may be paid from its treasury. The Town
Accountant shall have free access to such books, accounts, bills and
vouchers for the purpose of examination, and shall examine the same
at least once in each year, and annually report in writing the result
of such examinations. The Town Accountant shall, at least once a year,
verify the cash balance of each town office by actual count of the
cash and shall in the annual report of the Town Accountant certify,
under oath, the facts so found.
(2)
The Town Accountant shall, at least once every year, audit the
accounts of the trustees of any property the principal or income of
which, in whole or in part, was bequeathed or given in trust for public
uses for the benefit of the Town, or for the benefit of the inhabitants
of the Town, and examine and estimate the funds, securities and evidences
of property held by such trustees.
(3)
The Town Manager and all boards, committees, heads of departments
and officers authorized to spend money shall approve and transmit
to the Town Accountant all bills, drafts, orders and payrolls chargeable
to the respective appropriations of which they have the expenditure.
The Town Accountant shall examine all such bills, drafts, orders and
payrolls, and, if found correct, shall draw a warrant upon the treasury
for the payment of the same, and the Treasurer shall pay no money
from the treasury except upon such warrant prepared by the Town Accountant
and approved by the Town Manager. The Town Accountant may disallow
and refuse to approve for payment any claim as fraudulent, unlawful
or excessive, and in such case the Town Accountant shall file with
the Town Treasurer a written statement of the reasons for such refusal.
(4)
The Town Accountant shall keep a complete set of books and the
accounts shall be kept, so far as practicable, in conformity with
the classifications and forms prescribed by the Director of Accounts
in accordance with MGL c. 44, § 43. The Town Accountant
shall have custody of all contracts of the Town.
(5)
The Town Accountant shall immediately upon the close of the
calendar year compile statements in tabulated form showing the amounts
appropriated and the amounts expended from each appropriation during
the preceding fiscal year, the amounts appropriated for the current
fiscal year and the amounts expended from such appropriations during
the first six months of such year and the amounts estimated to be
expended from such appropriations during the second six months of
such year, and the estimates for the next ensuing fiscal year, and
shall forthwith furnish a copy thereof to the Town Manager, and to
the Finance Committee.
(6)
The Town Accountant shall make an annual report, to be published
as a town document.
A.
Establishment. There shall be an Animal Control Officer who
shall have all of the powers and duties of a dog officer, as provided
in MGL c. 140, § 151A, and all of the powers and duties
of a field driver, as provided in MGL c. 49, §§ 22
to 41.
B.
Mode of appointment; term of office. The Town Manager shall,
annually, appoint an Animal Control Officer and such assistants as
may be required and authorized and who shall hold office for one year
or until their successors are qualified.
D.
Authorities and responsibilities.
(1)
The Animal Control Officer shall attend to all complaints or
other matters pertaining to dogs and other animals in the Town.
(2)
The Animal Control Officer shall be responsible for the enforcement
of all laws relating to the care, custody and control of dogs (MGL
c. 140, §§ 136A - 174). The Animal Control Officer
shall be responsible for the enforcement of all laws relating to the
care, custody and control of other animals found at large in the town
(MGL c. 49, §§ 22 - 41).
A.
Establishment. There shall be an Inspector of Animals as provided
in MGL c. 129, §§ 15 to 25.
B.
Mode of appointment; term of office. The Town Manager shall
annually, in March, nominate one or more Inspectors of Animals, and
before April first, shall send to the Director of Animal Health of
the commonwealth the name, address and occupation of each nominee.
Such nominee shall not be appointed until approved by the Director
of Animal Health of the commonwealth (MGL c. 129, § 15).
C.
Authorities and responsibilities. Each Inspector of Animals
shall comply with and enforce all orders and regulations directed
to him by the Director of Animal Health (MGL c. 129, § 18).
Inspectors of Animals shall make regular and thorough inspections
of all neat cattle, sheep and swine found within the town limits.
Such inspections shall be made at such times and in such manner as
the Director of Animal Health shall from time to time order. Inspectors
of Animals shall also from time to time make inspections of all other
domestic animals within the limits of the town if they know, or have
reason to suspect, that such animals are affected with or have been
exposed to any contagious disease, and shall immediately inspect all
domestic animals and any place where any such animals are kept whenever
directed so to do by the Director of Animal Health (MGL c. 129, § 19).
A.
Establishment. There shall be a Principal Appraiser.
B.
Mode of appointment; term of office. The Town Manager, after
consultation with the members of the Board of Assessors shall appoint
the Principal Appraiser.
C.
Authorities and responsibilities.
(1)
The Principal Appraiser shall appraise real and personal property
in the town; perform field measurements and inspections of residential
and commercial buildings, including new buildings, additions, major
alterations, demolition and partial construction; also inspects land
and land changes resulting from map changes, deed transfers and subdivision
changes, using appropriate appraisal techniques, makes estimate of
market value of properties; keeps apprised of all deed transfers and
checks deeds for ownership.
(2)
The Principal Appraiser maintains record file system on permanent
properties including collected data and calculated cost with depreciation,
current market and assessed valuation considered.
(3)
The Principal Appraiser performs other related duties, as required.
B.
Mode of appointment. The Town Manager shall appoint a Building Inspector. The person appointed as Building Inspector shall have at least the qualifications as are provided in MGL c. 143, § 3.
C.
Authorities and responsibilities.
(1)
The Building Inspector shall make inspections, issue such permits
and enforce such regulations and bylaws as may be required by the
Town or under the State Building Code and may for such purposes, at
all reasonable times, enter upon premises to carry out such lawful
procedures. The Building Inspector shall be responsible for the enforcement
of the provisions of MGL c. 143 and 780 CMR within the Town.
(2)
The Building Inspector shall serve as the Zoning Enforcement Officer as provided in MGL c. 40A, § 7.
(3)
The Building Inspector shall serve as one of the Fence Viewers.
[Added 10-25-2011 ATM, Art. 7]
A.
Establishment. There shall be a Department of Civil Defense
as provided in Chapter 639 of the Acts of 1950, as amended.
B.
Mode of appointment. The Town Manager shall appoint a Director
of Civil Defense.
C.
Authorities and responsibilities. The Director of Civil Defense
shall be responsible for preparing and carrying out all emergency
functions and services, including but not limited to police and fire-fighting
services; medical and other health services; rescue engineering and
air-raid warning services; evacuation of persons from stricken areas;
emergency welfare services; communications; radiological, chemical
and other special weapon of defense; emergency transportation; existing
or property assigned functions of plant protection; temporary restoration
of public utility services and other functions. The Director of Civil
Defense shall have all other powers and duties given to directors
of civil defense by general laws of the commonwealth and the Town
bylaws.
A.
Establishment. There shall be a Town Clerk.
B.
Mode of appointment. The Town Manager shall appoint a Town Clerk.
C.
Authorities and responsibilities. The Town Clerk shall be the
keeper of vital statistics for the Town, the custodian of the Town
Seal and of all other records of the Town, shall administer the oath
of office to all Town officers who are required to be sworn to their
office, be the clerk of the Town Meeting, shall issue all such licenses
and permits as are provided by law and shall be responsible for the
conduct of all elections held in the Town and of all other matters
relating to elections. The Town Clerk shall have all of the other
powers, duties and responsibilities which are given to town clerks
by general laws.
A.
Establishment. There shall be a Town Collector-Treasurer. (See
MGL c. 41, §§ 35 - 47.)
B.
Mode of appointment. The Town Manager shall appoint a Town Collector-Treasurer.
C.
Authorities and responsibilities. The Town Collector-Treasurer
shall collect all accounts due to the Town. The Collector-Treasurer
shall, upon receiving a tax list and warrant from the Board of Assessors
collect the taxes, and any interest thereon. The Collector-Treasurer
shall have all of the other powers, duties and responsibilities which
are given to collectors of taxes by general laws. (See MGL c. 41,
§ 38; c. 60, generally.) The Collector-Treasurer shall receive
and take charge of all money belonging to the Town. The Collector-Treasurer
shall, according to the orders of the Town or its authorized officers,
pay out and account for all disbursements in behalf of the Town. The
Collector-Treasurer shall annually render a true account of receipts
and disbursements and report on all official acts. The Town Collector-Treasurer
shall have all of the other powers and duties which are given to town
treasurers by general laws (MGL c. 41, §§ 35 - 43A).
A.
Establishment. There shall be one or more constables. (See MGL
c. 41, §§ 91 through 95.)
B.
Mode of appointment. The Board of Selectmen shall appoint constables
for terms of three years each.
C.
Authorities and responsibilities. Constables may serve certain
civil writs and processes. They have the powers of sheriffs to require
aid in the execution of their duties. Constables take due notice of
and prosecute all violations of law, respecting the observance of
the Lord's Day, profane swearing and gaming. Constables also serve
all processes directed to them by the Board of Selectmen of the Town,
for notifying of Town Meetings and elections or for other purposes.
(See MGL c. 41, §§ 61 through 95.)
A.
Establishment. There shall be a Town Counsel.
B.
Mode of appointment; term of office. The Board of Selectmen
shall, annually, appoint some qualified attorney or firm to serve
as Town Counsel for the ensuing year.
[Amended 10-24-2006 ATM, Art. 23]
C.
Authorities and responsibilities.
(1)
The Town Counsel shall be responsible for the legal affairs
of the Town and shall personally provide, or, shall personally supervise
the provision by others, of all legal services necessary for the proper
and efficient conduct of the Town's affairs. The Town Counsel shall
keep the Board of Selectmen fully appraised of the status of all legal
matters affecting the town by frequent oral and written reports either
directly to it or to it through the Town Manager. At least monthly
the Town Counsel shall file a written report summarizing activities
during the preceding month. In all matters assigned for trial to outside
attorneys provision shall be made requiring such Counsel to meet with
the Board of Selectmen, at such times as may be determined by the
Board of Selectmen, for pretrial conferences and status reports.
(2)
The Town Counsel shall devote some portion of time, to be determined
by the Board of Selectmen from time to time, to consist of regular
office hours at the Town Hall, for the convenience of Town agencies.
The Town Counsel shall also be available to meet and confer with Town
officers and employees, department heads and multiple-member bodies
at any time mutually convenient to the parties.
(3)
The duties of the Town Counsel shall specifically include, but
are not to be construed as limited to, the following matters:
(a)
Title examination for all real estate and other
property to be acquired by the Town, approval of deeds and other instruments
in writing under which the Town takes title to the same.
(b)
Draft all deeds, leases, conveyances and releases
to be executed in behalf of the Town and all contracts, bonds, obligations
or other agreements in writing whereby the Town assumes any pecuniary,
contractual or other liability to be executed by any Town official,
board, department or committee by virtue of any special or general
authorization.
(c)
Draft formal orders, notices, votes, adjudications
or decrees for the layout, relocation, alteration or discontinuance
of Town ways and for the taking of lands or interests in lands, in
behalf of the Town, by purchase or eminent domain, for any municipal
purpose.
(d)
Attend all Town Meetings and, at the request of
the Moderator thereof, advise the Town Meeting on questions of law
relating to the subject matter of any matter before the Town Meeting
and as to the form of proposed votes or motions or the legality of
any particular action proposed to be taken by the Town Meeting.
(e)
Provide advice or opinion to all elective or appointive
Town officers, multiple-member bodies or departments as to any function
of their respective offices or on any specific question of law in
relation thereto.
(f)
Appear and act as attorney for the Town or for
any Town officer in their official capacity, in any suit, action,
complaint or court proceedings in which the Town, or such Town officer
in their official capacity, is a party plaintiff or a party defendant,
subject to the advice and consent of the Board of Selectmen.
(g)
Appear and act for the Town and its officers, boards
and committees before state and county boards and officials, executive
departments and committees of the legislature, in all proceedings
involving the rights, duties or interests of the Town, subject to
the request and direction of the Board of Selectmen.
(h)
Appear for and defend any Town officer against
whom in person any suit or proceedings in court has been brought,
founded on an official action performed in good faith relative to
a matter in which the Town in its corporate capacity has a duty to
perform, a right to defend or an interest to protect, provided that
the Board of Selectmen, at the request of such officer, directs the
Town Counsel, in writing, so to do.
(i)
Advise the Board of Selectmen with respect to the
question of whether or not to compromise and settle claims or suits
against the Town.
(j)
Develop, organize and maintain, in current status,
all Town legal files and records, including both paper and computer
data information.
(k)
Perform such other duties related to the office
of Town Counsel as may from time to time be assigned by vote of the
Board of Selectmen.
(4)
Additional counsel; special counsel. No Town agency shall, unless
authorized by a vote of the Town, or a vote of the Board of Selectmen,
employ, advise with or consult any attorney or counselor at law, other
than the Town Counsel, with regard to its duties, or to any Town business;
provided, however, that whenever a jurisdictional dispute shall arise
between two or more Town agencies and the matter appears to be one
which is proper for a judicial determination such authorization shall
not be denied. In such cases it is recognized that the Town Counsel
might be embarrassed or inconvenienced by a conflict of interest or
by the appearance of a conflict of interest. To avoid this, separate,
independent counsel shall be employed by the Town. The Town Counsel
shall decide which agency (if any) it wishes to represent.
A.
Establishment. There shall be two or more Fence Viewers as provided
in MGL c. 49, §§ 1-21.
B.
Mode of appointment; term of office. The Town Manager shall
annually appoint two or more Fence Viewers, one of whom shall be the
Building Inspector, to hold office for one year and until their successors
are qualified.
[Amended 10-25-2011 ATM, Art. 7]
A.
Establishment. There shall be a Fire Department, headed by a
Fire Chief. (See MGL c. 48, §§ 42-44.)
B.
Mode of appointment. The Town Manager shall appoint a Fire Chief
who shall appoint such number of firefighters as may otherwise be
authorized.
C.
Authorities and responsibilities. The Fire Chief shall be responsible for the organization, training and direction of Fire Department personnel involving firefighting, fire prevention, firesafety inspection and investigation and emergency medical services. The Fire Chief shall have full charge of extinguishing fires, shall be in immediate control of all town property used by the Department, and of the officers and firefighters, who shall obey his orders. The Fire Chief shall have the powers, duties and responsibilities of a forest warden as provided in MGL c. 48, §§ 8 through 12. The Fire Chief has other extensive authority, in fire prevention, pursuant to the provisions of MGL c. 148, and other authority.
B.
Mode of appointment. The Fire Chief shall serve by virtue of
office as Forest Warden.
C.
Authorities and responsibilities.
(1)
The Forest Warden may appoint deputies to assist him in his
duties and may discharge them, and he or his deputies may, if in their
judgment there is any danger from a forest fire, employ assistance
or require any male person in their town between the ages of 18 and
50 to aid in the extinguishment or prevention.
(2)
The Forest Warden may arrest without warrant any person found
in the act of setting, maintaining or increasing a fire in violation
of MGL c. 48, § 13.
A.
Establishment. There shall be an Inspector of Gas Piping and
Gas Appliances as provided in MGL c. 143, § 30.
B.
Mode of appointment; term of office. The Town Manager shall
appoint an Inspector of Gas Piping and Gas Appliances annually, in
June, who shall serve until a successor has been appointed and qualified.
C.
Authorities and responsibilities. The Inspector of Gas Piping
and Gas Appliances is responsible for the enforcement of the rules
and regulations adopted by the Gas Regulatory Board, created by MGL
c. 25, § 12H. The Inspector of Gas Piping and Gas Appliances
shall have all other powers and duties given to an Inspector of Gas
Piping and Gas Appliances by the general laws of the commonwealth
(MGL c. 143, § 30).
A.
Establishment There shall be a Keeper of the Lockup. (See MGL
c. 40, § 35.)
B.
Mode of appointment. The Town Manager shall, annually, after
consultation with the Police Chief, appoint a Keeper of the Lockup.
C.
Authorities and responsibilities. The Keeper of the Lockup shall
have the care and custody of the town lockup and of all persons who
are committed to the lockup, as provided in MGL c. 40, §§ 34
- 37, inclusive.
A.
Establishment. There shall be one or more Measurers of Wood
and Bark. (See MGL c. 94, §§ 296 to 303.)
B.
Mode of appointment. The Sealer of Weights and Measures shall
serve by virtue of office as a Measurer of Wood and Bark.
C.
Authorities and responsibilities. The Measurers of Wood and
Bark shall be responsible for the enforcement of the laws relating
to the sale of wood and bark within the town as provided in MGL c.
94: §§ 296 to 303, inclusive.
A.
Establishment. There shall be a Parking Clerk. (See MGL c. 90,
§ 20A.)
B.
Mode of appointment. The Town Manager shall appoint the Parking
Clerk.
C.
Authorities and responsibilities. The Parking Clerk shall report
to the Town Manager and shall supervise and coordinate the processing
of parking notices in the town as provided in MGL c. 90, § 20A-E.
A.
Establishment. There shall be a Plumbing Inspector as provided
in MGL c. 142, § 11.
B.
Mode of appointment. The Town Manager shall appoint the Plumbing
Inspector annually, in June, who shall serve until a successor has
been appointed and qualified.
C.
Authorities and responsibilities. The Plumbing Inspector shall
be responsible for the enforcement of all rules and regulations with
regard to the construction, alteration and repair of all plumbing
in the Town. (See MGL c. 142, §§ 11 - 13, and c. 142,
generally).
A.
Establishment. There shall be a Police Department headed by
a Chief of Police, as provided in MGL c. 41, §§ 96
through 99A.
B.
Mode of appointment; term of office. The Town Manager shall
appoint a Chief of Police and such other officers as may otherwise
be authorized.
C.
Authorities and responsibilities.
(1)
The Chief of Police shall plan, direct and administer the activities
of the Police Department in supplying the public safety services under
the police, including law enforcement, crime prevention and traffic
safety.
(2)
The Chief of Police shall from time to time make suitable regulations
governing the Police Department and the police officers.
(3)
The Chief of Police shall be in immediate control of all town
property used by the Department, and of the police officers, whom
he shall assign to their respective duties and who shall obey his
orders.
A.
Establishment. There shall be a Department of Public Works,
headed by a Director of Public Works, which shall be responsible for
the performance of all public works related activities of the Town
including operation, maintenance, repair, design, and construction
of all public works.
[Amended 10-24-2006 ATM, Art. 23]
B.
Mode of appointment; term of office. The Department of Public
Works shall be under the direct control and supervision of a Director
of Public Works who shall be appointed by and who shall be responsible
to the Town Manager. The Director of Public Works shall serve for
an indefinite term. The Director of Public Works shall be a person
especially fitted by education, experience and training to perform
the duties of the office.
C.
Authorities and responsibilities.
(1)
The Department of Public Works shall assume all of the duties
and responsibilities related to public works activities which prior
to the adoption of the Home Rule Charter were performed by or under
the Tree Warden, Director of Public Works, Sewer Commissioners, Cemetery
Commissioners, Playground and Recreation Commission and Board of Selectmen.
(2)
The Director of Public Works shall be responsible for the supervision
and coordination of all activities of the Department of Public Works
in accordance with state statutes, town bylaws, administrative code
and rules and regulations.
(3)
The office of Tree Warden shall be continued as a division within
the Department of Public Works, and an individual shall be appointed
to serve in such capacity. A Board of Playground and Recreation Commissioners
shall continue to serve, by appointment, to plan, supervise, operate
and conduct programs of sport and recreational activities, but it
shall have no responsibility for the day-to-day maintenance of land
or facilities.
A.
Establishment. There shall be a Superintendent of Shade Tree
Management and Pest Control. See MGL c. 132, § 13.
B.
Mode of appointment. The Director of Public Works shall serve
by virtue of office as Superintendent of Shade Tree Management and
Pest Control (MGL c. 132, § 13).
C.
Authorities and responsibilities. The Superintendent of Shade
Tree Management and Pest Control shall be responsible for the suppression
of the public nuisances named in MGL c. 132, § 11, including
gypsy and brown tailed moths, tent caterpillars, cankerworms, Oriental
hag moths, fall webworm, Japanese beetle and other insects which destroy
forest and shade tree foliage. (MGL c. 132, § 13; see c.
132, generally)
A.
Establishment. There shall be a Veterans' Services Director
as provided in MGL c. 115, § 10.
B.
Mode of appointment. The Town Manager shall appoint the Veterans'
Services Director.
C.
Authorities and responsibilities.
(1)
The Veterans' Services Director shall furnish information, advice
and assistance to veterans relative to employment, education, medical
care, pensions and other benefits to which they are or may be entitled
(MGL c. 115, §§ 10 - 14).
(2)
The Veterans' Services Director shall also serve as the veterans'
graves officer responsible to see that every veteran's grave is suitably
kept and cared for. (See MGL c. 115, § 9.)
A.
Establishment. There shall be a Sealer of Weights and Measures.
(See MGL c. 98, §§ 34 through 56D.)
B.
Mode of appointment; term of office. The Town Manager shall
appoint a Sealer and may appoint one or more deputies to act under
the direction of the Sealer of Weights and Measures.
C.
Authorities and responsibilities. The Sealer of Weights and
Measures shall test, adjust and seal all devices used for the weighing
or measuring of commodities and be responsible for the enforcement
of all laws relating to weights and measures.
B.
Mode of appointment. The Director of Public Works shall serve
by virtue of office as the Tree Warden.
A.
Establishment. There shall be a Wiring Inspector. (See MGL c.
166, § 32.)
B.
Mode of appointment; term of office. The Town Manager shall,
annually in June, appoint a Wiring Inspector to hold office for one
year. The Inspector shall be a licensed electrician.
C.
Authorities and responsibilities.
(1)
The Wiring Inspector shall administer and enforce the provisions
of the Commonwealth of Massachusetts Electrical Code.
(2)
The Wiring Inspector shall supervise every wire over or under
streets or buildings and every wire within a building designed to
carry an electric light, heat or power current (MGL c. 166, § 32).
