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City of Waltham, MA
Middlesex County
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Table of Contents
Table of Contents
Charter reference — Mayor, § 3-1 et seq.
[Gen. Ords. 1962, § 2-11]
Whenever it is provided 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 such charge subject to the supervision, direction and control of the Mayor.
Charter references — Executive powers of Mayor, § 3-2; appointments by Mayor, § 3-3; removal of officials, § 3-4.
[Gen. Ords. 1962, § 2-7]
The Mayor shall carefully examine the records and the accounts, claims and bills, see that they are approved by the proper authority, and if there appears to be no sufficient or legal objection to their payment, he shall, by written approval, authorize them to be paid; provided, that he may except in such order any account or claim.
Cross references-Annual inventory of City property to be submitted to Mayor and Auditor, § 2-2; annual reports by boards and officers to Mayor, § 2-9; turn over of and accounting for funds, § 2-88; books and records to correspond to fiscal year, § 2-89. Temporary appointments of department heads, MGLA c. 41, § 61A.
[Gen. Ords. 1962, § 2-6]
(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 office, the Mayor may designate some other officer or person to perform the duties of such office during the period of the disability. Whenever a vacancy shall occur in such office, the Mayor shall appoint some person to hold the office for the remainder of the unexpired term, and until his successor is appointed and qualified, the appointee shall be confirmed by the Council if the permanent appointment requires confirmation.
(b) 
The provisions of Subsection (a) notwithstanding, if the office of City Auditor, City Treasurer, City Collector of Taxes or other officer having charge of a City department is vacant, or if any such officer, because of disability or absence, is unable to perform his duties, the Mayor, without confirmation by the City Council, shall appoint a temporary officer to hold such office and exercise the powers and perform the duties thereof until another is duly elected or appointed and has qualified according to law, or the officer who was disabled or incapacitated resumes his duties; but no such temporary officer shall be appointed under this section for a period longer than 60 days.
State law Reference — Temporary appointments of department heads, MGLA c. 41, § 61A.
[Gen. Ords. 1962, § 2-8]
There is hereby established a principal department to be known as the "Executive Department."
Charter reference — Employees in Mayor's office not subject to civil service, § 3-11.
State law reference — Employees in Mayor's office not subject to civil service, MGLA c. 43, § 25.
[Gen. Ords. 1962, § 2-5; Ord. No. 24380, 6-26-1978; Ord. No. 25872, 3-10-1986; Ord. No. 26128, 3-9-1987; Ord. No. 26323,[1] 11-23-1987; Ord. No. 27150, 5-28-1991; Ord. No. 30643, 4-23-2007]
The Mayor shall appoint the following officers subject to confirmation by the City Council:
(1) 
In January of each year, for a term of one year beginning on the first day of February:
One or more measurers of wood and bark.
Two or more fence viewers.
One or more measurers of lumber.
One or more weighers of hay.
One or more weighers of coal.
One or more measurers of grain.
One or more special police officers.
An inspector of gas piping and gas appliances in buildings.
(2) 
In January of every second year, for a term of two years beginning on the first day of February:
An assistant to the License Commission.
(3) 
In February or March of every third year, for a term of three years beginning on the first day of April:
A Registrar of Voters.
(4) 
(Reserved)[2]
[2]
Editor’s Note: Former Sec. 2-30(4), providing the term for a workers’ compensation agent and a director of personnel, was repealed 10-24-2016 by Ord. No. 33560.
(5) 
In January, for a term not exceeding three years, beginning on the first day of February:
At least two constables and as many more as the Mayor deems necessary; provided, however, that the total number of constables, at any one time, shall not exceed the number which is the equivalent of one constable per 3,000 Waltham residents, according to the latest City of Waltham census.
a. 
At least 75% of all constables shall be residents of the City. For the purpose of this subsection of this section each such applicant must be able to prove that he has lived in the City for at least one year prior to the date of his application.
b. 
All applicants for appointment or reappointment as constable must submit a written resume and completed application to the Mayor containing such information reasonably required by the City for use in determining the fitness, reputation, and character of the applicant to hold the office of constable. All applicants for appointment or reappointment as constable shall, as part of the application, consent in writing to a background investigation and a Criminal Offender Record Information (CORI) report. The Mayor, before submitting any appointment as constable to the City Council for confirmation, shall request a background check and CORI report on said individual. All appointments as constable, submitted to the City Council for confirmation, shall be accompanied by a certification indicating that satisfactory CORI and background checks were conducted by the Mayor or the Mayor's designee, reviewed and signed by the Mayor, and in a format as shall be prescribed in the Rules of the Waltham City Council. The Chief of Police shall upon request give the Mayor and the City Council all possible assistance in making such investigation. The application shall also include a statement as to the moral character of the applicant signed by a minimum of five citizens of the community in which he resides, one of whom must be an attorney.
c. 
Immediately upon appointment, a constable must submit to the City Clerk a surety bond in the maximum amount specified under the provisions of MGL c. 41, § 92, such bond to be maintained throughout the term of the constable's appointment.
d. 
Each constable appointed by the City shall periodically pay the City 25% of all fees the constable collects for the service of civil process under the fee structure established in MGL c. 262, § 8. This payment shall be made in installments to be deposited with the City Treasurer not later than January 15, April 15, July 15 and October 15 of each year, but a constable having less than $500 to deposit at that time shall hold the share for deposit until the sooner of October 15 or the time when the amount due to the City under this subsection equals or exceeds $500. The City Treasurer shall deposit funds received under this subsection into the General Fund of the City of Waltham. Each constable appointed by the City shall annually, on or before the 15th of April, file with the City Treasurer an account signed under the penalties of perjury of all fees and money received by him under the provisions of MGL c. 262, § 8 for the service of civil process. Such account shall include an itemization of all civil process fees charged by the constable's civil process office, all revenue received from said fees and all amounts paid by the constable to the City Treasurer on account of such civil process fees under the provisions of MGL c. 41, § 95A. The City Treasurer shall, upon receipt of any such report, immediately transmit a copy of said report to the City Clerk.
e. 
Upon application for renewal of appointment as a constable, each constable appointed by the City shall submit a written statement describing the types of writs and processes served by him under the provisions of MGL c. 41, § 92, and any actions undertaken by him in accordance with the provisions of MGL c. 41, § 94, during the term of appointment immediately preceding the term for which said application for renewal is submitted.
f. 
The City Clerk shall retain on file in his office and shall attach to each application for reappointment submitted by any constable the account referred to in Subsection (5)d. of this section and the statement referred to in Subsection (5)e. of this section. Each such account and such statement shall become a permanent part of the record of activity of each constable appointed by the City in accordance with the provisions of this Subsection 2-30(5) of the general ordinances of the City.
g. 
The Mayor may, with the approval of the City Council, revoke the appointment of a constable for gross misconduct. In any case where a constable has been convicted of a crime, the Mayor shall review such matter to determine if such conviction amounts to a gross misconduct, and if he so determines, he shall revoke the constable's appointment as provided in this section.
h. 
No constable appointed by the City shall carry on his person or be in possession of any firearm while in the exercise and performance of the powers, duties and responsibilities of the position of constable.
i. 
Any constable found guilty of violating the provisions of Subsection h. of this section shall be punished by a fine of $250.
Cross references — Appointment of City Auditor by Mayor, § 2-78; appointment of members of the Board of Health by Mayor, § 2-107; appointment of Inspector of Animals by Mayor, § 2-108; appointment of City Solicitor and Assistant City Solicitor by Mayor, § 2-120; appointment of City Treasurer by Mayor, § 2-136; appointment of City Physician by Mayor, § 2-156; appointment of Superintendent of Public Buildings by Mayor, § 2-185; appointment of Director of Public Vehicles by Mayor, § 2-198; appointment of Director of Consolidated Public Works Department by Mayor, § 2-212; appointment of Purchasing Agent by Mayor, § 2-226; appointment of members of Board of Assessors by Mayor, § 2-247; appointment of members of Council on Aging by Mayor, § 2-263; appointment of members of Conservation Commission by Mayor, § 2-272; appointment of members of Historical Commission by Mayor, § 2-282; appointment of members of Board of Cemetery Commissioners by Mayor, § 4-17; appointment of Director of Civil Defense by Mayor, § 5-17; appointment of Fire Chief by Mayor, § 6-18; appointment of members of Board of Commissioners of Trust Funds by Mayor, § 9-17; appointment of members of Board of Trustees of Buttrick Trust Fund by Mayor, § 9-32; appointment of members of the Board of Trustees of the Fiske Funds by Mayor, § 9-43; appointment of members of Board of Trustees of Leland Charity Fund by Mayor, § 9-52; appointment of members of Board of Trustees of Royal E. Robbins Memorial Fund by Mayor, § 9-72; appointment of members of Recreation Board by Mayor, § 11-17; appointment of members of Board of Survey and Planning, § 12-1; appointment of Director of Planning by Mayor, § 12-17; appointment of Inspector of Wires by Mayor, § 13-63; appointment of Chief of Police by Mayor, § 14-3; appointment of members of Board of Library Trustees by Mayor, § 15-17.
[1]
Editor's Note: Ordinance No. 26323, adopted Nov. 23, 1987, amended Ch. 2 by striking provisions from 2-30(1) and by adding a new Subsection (3). Inasmuch as there already exist Subsections (3) and (4) in this section, the editor has redesignated the new provisions as Subsection (5).
[Gen. Ords. 1962, § 1-9]
All deeds, conveyances, leases and other instruments which shall be given by the City, and which must be signed, sealed and acknowledged, shall be signed, acknowledged and delivered, on behalf of the City, by the Mayor. The City Clerk shall affix thereto the City Seal, 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 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.
Charter references-Public contracts, § 8-3; purchase or taking of land by City, § 8-4.
Cross reference-Mayor to sign cemetery lot deeds, § 4-3.
State law reference — Public contracts and deeds generally, MGLA c. 43, §§ 29, 30.