The organization of the town into operating agencies for the
provision of services and the administration of the government may
be accomplished only through an organization, or reorganization, plan
filed by the mayor. No organization plan may originate with the town
council. The mayor may, subject only to express prohibitions in a
general law, or this charter, propose to reorganize, consolidate or
abolish any town agency, in whole or in part; or establish any new
town agencies that the mayor considers necessary, but no function
assigned by this charter to a particular town agency may be discontinued
or assigned to any other town agency unless this charter specifically
so provides. The mayor may from time to time prepare and submit to
the town council plans of organization or reorganization that establish
operating divisions for the orderly, efficient or convenient conduct
of the business of the town. Every organization or reorganization
plan submitted by the mayor under this provision shall contain a proposed
ordinance which sets out, in detail, the amendments, insertions, revisions,
repeals or otherwise of existing ordinances that may be necessary
to accomplish the desired reorganization. The reorganization plan
and proposed ordinance shall be accompanied by a message of the mayor
that explains the benefits expected to ensue.
Whenever the mayor proposes such a plan, the town council shall
give notice by publication in a local newspaper and hold 1 or more
public hearings on the proposal. The notice in the local newspaper
shall describe the scope of the proposal, the time and place at which
the public hearing will be held, not less than 7 nor more than 14
days after the publication. An organization or reorganization plan
shall become effective at the expiration of 60 days after the date
the proposal is submitted to the town council unless the town council
shall, by a majority vote, within that period vote to disapprove the
plan. The town council may vote only to approve or to disapprove the
plan and may not vote to amend or to alter it.
All appointments and promotions of town officers and employees
shall be made on the basis of merit and fitness demonstrated by examination,
past performance, or by other evidence of competence and suitability.
The town council may, in any ordinance establishing a salary for an
office or position of employment, establish minimum qualifications
a candidate must possess in order to qualify for appointment to the
office or position of employment.
(a)
Establishment, scope — There shall be a department of public
works responsible for the performance of all public works related
functions and activities of the town. The department of public works
shall assume all of the duties and responsibilities related to public
works activities which, before the adoption of the charter, were performed
by or under the authority of the department of public works. The department
of public works shall perform all of the public works related functions
which are associated with the following boards, departments and offices
or which are now or may from time to time by general or special law
be vested in such boards, departments and offices: engineering department,
highway department, cemetery department, water and sewer department,
tree warden, and the recycling committee, and it may have such additional
powers, duties and responsibilities with respect to public works related
functions and activities as may from time to time be provided by ordinance.
[Amended 1-10-2009 by c. 482 of the Acts of 2008]
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Notwithstanding any provision of this section to the contrary, the mayor may, under section 5-1, divide the powers and duties of the department of public works into 2 or more departments.
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(b)
Director of Public Works — 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
mayor. 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. The director of public works shall be responsible for the
supervision and coordination of all activities of the department of
public works under state statutes, town ordinances, administrative
code and rules and regulations.
(a)
Establishment, scope — There shall be a department of municipal
finance responsible for the performance of all of the fiscal and financial
activities of the town. The department of municipal finance shall
be responsible for the coordination of all of the duties and responsibilities
related to fiscal and financial activities which are performed by
or under the authority of the town accountant, the treasurer, the
collector of taxes, the trust fund commissioners, the board of assessors,
the finance committee, and the MIS department, and it may have such
additional powers, duties and responsibilities with respect to fiscal
and financial-related functions and activities as may from time to
time be provided by ordinance.
(b)
Director of Municipal Finance — The department of municipal
finance shall be under the direct control and supervision of a director
of municipal finance who shall be appointed by and who shall be responsible
to the mayor. The director of municipal finance shall serve for an
indefinite term. The director of municipal finance shall be a person
especially fitted by education, experience and training to perform
the duties of the office. The director of municipal finance shall
be responsible for the supervision and coordination of all activities
of the department of municipal finance under state statutes, town
ordinances, administrative code and rules and regulations. The director
of municipal finance shall serve, ex officio, as the mayor may from
time to time specify, as the treasurer, or the collector of taxes.
(a)
Establishment, scope — There shall be a department of planning
and community development responsible for the coordination of all
the planning and development-related activities of the town. The department
of planning and community development shall be responsible for the
coordination of all of the duties and responsibilities related to
planning and development activities which are performed by or under
the authority of the planning board, the conservation commission,
the board of health, the community preservation committee, the economic
development commission, the historic commission, and the zoning board
of appeals, and it may have such additional powers, duties and responsibilities
with respect to the coordination of planning and development-related
functions and activities as may from time to time be provided by ordinance.
Such ordinance may include in its scope the coordination of all land
acquisition and land management proposals, economic development planning,
community development block grants, the preparation of a comprehensive
or master plan and maintenance of a centralized source of records,
reports, statistical data and other planning and development-related
materials.
(b)
Director of Planning and Community Development — The department
of planning and community development shall be under the direct control
and supervision of a director of planning and community development
who shall be appointed by and who shall be responsible to the mayor.
The director of planning and community development shall serve for
an indefinite term. The director of planning and community development
shall be a person especially fitted by education, experience and training
to perform the duties of the office. The director of planning and
community development shall be responsible for the supervision and
coordination of all activities of the department of planning and community
development in accordance with state statutes, town ordinances, and
rules and regulations.
(a)
Establishment, scope — There shall be a department of human
resources which shall be responsible for all personnel and employee-related
functions and activities of the town government and its administration.
The department of human resources shall assume all of the duties and
responsibilities related to human resources activities which, before
the adoption of the charter, were performed by or under the authority
of the board of selectmen, town accountant, the treasurer, the collector
of taxes, the personnel board and department, the disabilities commission,
the retirement board, veteran's affairs, and the heads of town agencies,
and it may have such additional powers, duties and responsibilities
with respect to human resources-related functions and activities as
the town may from time to time provide by ordinance.
(b)
Director of Human Resources — The department of human resources
shall be headed by a director of human resources who shall be appointed
by and responsible to the mayor. The director of human resources shall
serve for an indefinite term. The director of human resources shall
be a person especially fitted by education, experience and training
to perform the duties of the office. The director of human resources
shall be responsible for the supervision and coordination of all activities
of the department of human resources in accordance with state statutes,
town ordinances, and rules and regulations.
(a)
Establishment, scope — There shall be a department of municipal
licenses and inspections which shall be responsible for the coordination
of all licensing and inspection functions performed by any town officer,
employee or agent. The department of municipal licenses and inspections
shall be responsible for the coordination of all of the licensing
and inspection functions conducted by the town, including but not
limited to:
(i)
those required under the zoning, wetlands protection, historic
districts or any other town ordinance;
(ii)
the provisions of the code of Massachusetts regulations relating
to buildings, electrical wiring, plumbing, gas fitting, sanitation,
wetlands, fire protection and fire safety, hazardous materials;
(iii)
local regulations adopted by the board of health, conservation
commission, historic commission, planning board or any other town
agency, under any other title, performing any of the duties of any
such multiple-member body;
(iv)
every other local inspection as may be otherwise authorized
or conducted, and
(v)
the licensing functions as provided in chapter 138 and 140 of
the General Laws and including responsibilities with respect to the
coordination of municipal licensing and inspection functions as the
town may from time to time provide, by ordinance, and which may include
the maintenance of all records relating to inspections in a central
place through a common index, a single application process which would
indicate all inspections which might be necessary for a particular
project and provide for a consolidated, coordinated review and processing
of each such application.
(b)
Director of Municipal Licenses and Inspections — The department
of municipal licenses and inspections shall be under the direct control
and supervision of a director of municipal licenses and inspections
who shall be appointed by and who shall be responsible to the mayor.
The director of municipal licenses and inspections shall serve for
an indefinite term. The director of municipal licenses and inspections
shall be a person especially fitted by education, experience and training
to perform the duties of the office. The director of municipal licenses
and inspections shall be responsible for the supervision and coordination
of all activities of the department of municipal licenses and inspections
under state statutes, town ordinances, and rules and regulations.
The director of municipal licenses and inspections shall, in addition
to the coordination of responsibilities assigned by this provision,
also perform the duties of building inspector or of any other position
within the department as the mayor may from time to time specify.
(c)
Board of License Commissioners — There shall be a board of
license commissioners, which shall have the following responsibilities:
(i)
the power to issue licenses for innholders or common victualers;
(ii)
the powers of a licensing board appointed under section 4 of
chapter 138 of the General Laws;
(iii)
the licensing authority for the purposes of chapter 138 and
chapter 140 of the General Laws;
(iv)
all of the other powers with respect to licenses which before
the adoption of the charter were exercised by the board of selectmen;
(v)
the granting of licenses relating to alcoholic beverages under
chapter 138 of the General Laws, and
(vi)
the granting of those licenses under chapter 140 of the General
Laws which are not, by that chapter, placed within the jurisdiction
of another municipal officer or agency, and it shall have all the
powers and duties of a licensing authority under those chapters.
The town clerk, the building inspector, the director of public
health, the fire chief and the chief of police (or persons performing
similar duties under any other title) shall serve by virtue of their
offices, and without additional compensation as the members of the
board of license commissioners. The town clerk shall serve as chair
of the board of license commissioners.
The council on aging, the fair housing committee, the police
department, the fire department, park department and the town solicitor
shall be responsible to the mayor.
There shall be a parks and recreation commission consisting
of 7 residents appointed by the mayor. Said commission shall advise
the mayor on the operation and maintenance of and policies pertaining
to parks, playgrounds, school athletic facilities, the golf course
and recreational programs. [Amended 1-10-2009 by c. 482 of the
Acts of 2008]
