[Adopted as Art. VIII, Secs. 8.01, 8.02, 8.04, 8.06, 8.08,
8.12-8.14, 8.16-8.21, 8.26-8.36, 8.38, 8.40, and 8.42, of the Code
of Ordinances]
[Amended 7-16-2001 by Ord. No. 132; 12-29-2005 by Ord. No. 289]
A.
Designation. The following positions shall be designated "City officers"
and shall be appointed by the Mayor (except for the City Clerk who
is appointed by the Council), subject to all provisions of the City
Charter relating to City officers.
B.
Limit on monetary compensation. City officers will not be entitled
to monetary compensation for any hours worked in excess of their normal
work week.
A.
Establishment. There shall be an Airport Manager.
B.
Appointment; term of office. The Airport Manager, a person qualified
by general management experience and aeronautical knowledge to serve
as Airport Manager, shall be appointed by the Mayor for a term not
to exceed three years.
C.
Authority and responsibilities. The Airport Manager, under the direction
of the Airport Commission, shall be responsible for the proper maintenance
and operation of the Beverly Regional Airport and of all facilities
relating to the airport.
[Amended 11-2-2015 by Ord. No. 465]
A.
Establishment. There shall be a Chief Assessor.
B.
Appointment; term of office. The Chief Assessor shall be appointed by the Mayor, subject to the review of the City Council as provided in Section 2-10 of the Charter, to serve for a term not to exceed three years.
C.
Authority and responsibilities. The Chief Assessor shall be Chairman
of the Board of Assessors and shall be responsible for its day-to-day
operation. The Chief Assessor shall periodically appraise real and
personal property within the City, perform field measurements and
inspections of residential and commercial buildings, including new
buildings, additions, major alterations, demolition and partial construction,
and inspect land affected by map changes, deed transfers, subdivision
approvals and modifications; using appropriate appraisal techniques
to prepare estimates of market values of property. The Chief Assessor
shall be responsible for maintaining all office records of properties.
The Chief Assessor shall be responsible for the proper administration
of the Office of Assessing and shall assure that all statutory and
assigned duties and responsibilities are properly exercised and carried
out.
A.
Establishment. There shall be a City Accountant who shall be primarily
responsible for the functions provided in MGL c. 41, §§ 52,
56, 57 and 58.
B.
Appointment; term of office. The Mayor shall, subject to the review of the City Council as provided in Section 2-10 of the Charter, appoint a person to perform the duties of City Accountant. The City Accountant shall hold no other City office involving the receipt or disbursement of money.
C.
Authority and responsibilities. The Mayor and City agencies authorized
to spend money shall approve and transmit to the City Accountant all
bills, drafts, orders and payrolls chargeable to the respective appropriations
of which they have the expenditure. The City 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 City Accountant and approved by the Mayor.
The City Accountant may disallow and refuse to approve for payment
any claim as fraudulent, unlawful or excessive, and in such case the
City Accountant shall file with the City Treasurer a written statement
of the reasons for such refusal.
(1)
The City 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 City Accountant shall transmit all
contracts of the City to the City Clerk.[1]
(2)
Immediately upon the close of the calendar year, the City Accountant
shall 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 Mayor and to the City Council. The City
Accountant shall also make an annual report to be published as a City
document.
(3)
All City agencies authorized by law to expend money shall furnish
to the City Accountant and to the Mayor, not less than 10 days before
the end of the calendar year, or not less than 90 days prior to the
date of the start of the annual City meeting, whichever is later,
detailed estimates of the amount necessary for the proper maintenance
of the departments under their jurisdiction for the ensuing fiscal
year, with explanatory statements, and an estimate of amounts necessary
for outlays or permanent improvements.
B.
Appointment; term of office. The Mayor shall, subject to the review of the City Council as provided in Section 2-10 of the Charter, appoint a person to perform the duties of City Collector for a term not to exceed three years.
C.
Authority and responsibilities.
(1)
Bond. The City Collector shall give bond with a suitable fidelity
insurance company as surety. Such bond shall be kept in the custody
of the City Treasurer.
(2)
Account of receipts and payments; statement of receipts and disbursements;
information respecting accounts and finance. The City Collector shall
keep an accurate and true account of all money and other funds received
on behalf of the City and shall, on the first day of each month, furnish
the City Accountant and the Budget/Management Analyst employed by
the City Council pursuant to Charter Section 2-8(a) with a statement
in detail of all collections and other receipts during the preceding
month. The Collector shall render such other services and furnish
such other information respecting the accounts, finances and payments
as may be required by the City Accountant, City Council Budget/Management
Analyst, or by the City Council.
(3)
Annual report to City. The City Collector shall annually render to
the Mayor a true account of all receipts and other official doings
during the preceding financial year. The City Collector shall account
to and including the 30th day of June during each year, and the fiscal
year shall end on that day.
(4)
Duties generally. The City Collector shall perform all duties which
are now or may hereafter be required of city collectors by the laws
of the commonwealth, by the Charter, or by the ordinances of the City.
The City Collector shall collect all taxes, charges and fees, water
rents and charges, sewer rents and assessments and all other moneys
due the City except as may be otherwise specifically prescribed, and
shall pay the same to the City Treasurer not less frequently than
weekly.
D.
Duplicate bills. Any head of a department or any officer or board
issuing bills to any person for money due to the City shall forthwith
deliver to the City Collector a duplicate thereof.
E.
Deputy Collectors.
(1)
The City Collector may appoint one or more Deputy Collectors, one
of whom shall serve in the office of the City Collector. All other
Deputy Collectors appointed shall serve without salary and shall receive
fees for the collection of taxes unless otherwise designated by the
Mayor and City Council.
(2)
The Deputy Collector serving in the office shall receive such salary
and give such bond as the Mayor and City Council may from time to
time determine.[1]
[1]
Editor's Note: Original Section 8.09 of the Code of Ordinances, Civil Defense, Director of, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Original Section 8.10, City Electrician, which also followed, was repealed 9-6-2012 by Ord. No. 131. Original Section 8.11, City Physician, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A.
Establishment. There shall be a City Solicitor who shall serve as
the chief legal officer of the City and who shall be the head of the
Law Department.
B.
Appointment; term of office. The Law Department shall be headed by a City Solicitor appointed by the Mayor, subject to the review of the Council as provided in Section 2-10 of the Charter, for a term not to exceed three years.
C.
Qualifications. The City Solicitor shall be a person especially fitted
by education, training and experience to perform the duties of the
office. At the time of appointment, the City Solicitor shall at least
be an attorney admitted to practice in all courts of the commonwealth
and in the federal district courts, and have at least three years
of progressively responsible experience in municipal, public or governmental
law, or trial practice experience.
D.
Powers and duties. The City Solicitor shall be responsible for all
of the legal affairs of the City and shall have the following specific
powers and duties:
(1)
The City Solicitor shall be responsible to the Mayor for the effective
operation of the Law Department and all of the law and legal services
related functions and activities of the City. The City Solicitor shall,
with the approval of the Mayor, appoint and discharge employees within
the Law Department. The City Solicitor shall perform personally or
shall supervise the provision of all legal services by the Law Department,
and shall direct and assign all personnel serving in said Department,
whether as an employee or as a consultant.
(2)
Keep records.
(a)
Suits: keep a complete record of all suits in which the City
had or has an interest, giving the names of the parties, the court
where brought, the nature of the action, the disposition of the case,
or its condition if pending, and the briefs of counsel.
(b)
Opinions and titles: keep a complete record of all written opinions
furnished by any member of the Law Department.
(c)
Title to real estate: keep a complete record of all real property
acquired by the City, and assure that all deeds and other instruments
of title are properly recorded in the Registry of Deeds or Land Court
as appropriate.
(d)
Deliver records to successor: deliver all records, documents
and property of every description in his possession, belonging to
his office or to the City, to his successor in office, who shall give
him duplicate receipts therefor, one of which he shall file with the
City Clerk.
(3)
Professional assistants. The City Solicitor may appoint, subject
to the consent of the Mayor, deputy assistants and such other assistants
as in his judgment are needed to carry on the legal business of the
City.
(4)
Special counsel. In case of special or unusual circumstances or in
any case where the City Solicitor by reason of interest cannot represent
the City, the Mayor, upon the request of the City Solicitor, may appoint
special counsel and fix his or her compensation.
(5)
Generally.
(a)
It shall be the duty of the City Solicitor to examine all titles
of real estate and draft all legal instruments and papers of whatever
nature which may be required by any ordinance or order of the City
Council, or by any committee thereof, or by the School Committee.[1]
(b)
It shall be the duty of the City Solicitor to give a legal opinion
and professional advice on any subject relating to the affairs of
the City or the duties of any of its officers, when required by the
Mayor, City Council or any standing or special committee, or by the
School Committee, or any officer of the City government, and generally
to perform those duties appertaining to the office as the legal adviser
and attorney of the City.
(c)
It shall be the duty of the City Solicitor to commence and prosecute
all actions and suits begun by the City and to defend all actions
and suits brought against the City in any court or tribunal in the
commonwealth, and also to appear as counsel in any other action, suit
or prosecution which may involve the rights and interests of the City,
and to defend any of the officers of the City in suits and prosecutions
against them for any official action or the performance of any official
duty when any estate, right, privilege, ordinance, act or direction
of the City government may be brought in question, and the City Solicitor
shall also appear as counsel before the Legislature of the Commonwealth,
or any committee thereof, whenever the interest and welfare of the
City may be directly or incidentally affected.
(d)
Copies of opinions furnished to City Clerk. Whenever the City
Solicitor has rendered a written opinion to any board or officer of
the City, a copy thereof shall be sent to the City Clerk, together
with a copy of the communication to which the City Solicitor's response
is being made, and the City Clerk shall thereupon cause the same to
be filed for future reference.
B.
Appointment; term of office. The Mayor shall, subject to the review of the City Council as provided in Section 2-10 of the Charter, appoint a City Treasurer to serve for a term not to exceed three years.
C.
Powers and duties.
(1)
Bond. The City Treasurer shall give bond with a suitable fidelity
insurance company as surety in such sum as the Commissioner of Corporations
and Taxation may determine. Such bond shall be in the custody of the
Mayor.
(2)
Custodian of bonds. All other bonds of City officers or agents shall
be in the custody of the City Treasurer.
(3)
Receiving and holding money; no payment except on written order of
Mayor. The City Treasurer shall receive and hold all moneys of the
City. No money shall be paid or drawn out of the treasury, except
on written order of the Mayor addressed to the Treasurer, designating
the funds or appropriation from which such orders are to be paid;
nor shall any order be drawn in payment for services rendered or material
furnished for any department beyond the sum specifically appropriated
therefor by the City Council.
(4)
Account of receipts and payments; statement of receipts and disbursements;
information respecting accounts and finances. The City Treasurer shall
keep an accurate and true account of all receipts and payments on
behalf of the City and shall, on the first day of each month, furnish
the City Accountant and the Budget/Management Analyst employed by
the City Council pursuant to Charter Section 2-8(a) with a statement
in detail of all collections, receipts and disbursements during the
preceding month. The Treasurer shall render such other services and
furnish such other information respecting the accounts, finances and
payments as may be required by the City Accountant, City Council Budget/Management
Analyst, or committee of the City Council.
(5)
Funds received from sewer assessments. All sewer assessments received
and paid into the City treasury shall be kept by the Treasurer separate
and apart from all other funds and shall only be appropriated and
used from time to time to pay for the further construction of sewers
or the interest and principal on bonds, notes or scrip heretofore
issued or hereafter to be used for such purpose.
(6)
Annual report to City Council. The Treasurer shall annually render
to the Mayor a true account of all receipts, expenditures and other
official doings during the preceding financial year. The Treasurer
shall account to and including the 30th day of June during each year,
and the fiscal year shall end on that day.
(7)
Duties generally. The City Treasurer shall perform all duties which
are now or may hereafter be required of city treasurers by the laws
of the commonwealth, by the Charter, or by the ordinances of the City.
D.
Duplicate bills. Any head of a department or any officer or board
issuing bills to any person for money due to the City shall forthwith
deliver to the City Treasurer a duplicate thereof.
The Office of Assistant Treasurer is hereby established. The
City Collector, by virtue of office, shall serve as Assistant Treasurer
and shall assist in the performance of the duties of the Treasurer
when that officer is absent or unable to act, and also when there
is a vacancy in the Office of Treasurer. The Assistant Treasurer shall
give such bond with a fidelity insurance company as surety as the
Department of Revenue of the commonwealth may determine to be desirable.[1]
A.
Establishment. There shall be a Confidential Secretary/Administrative
Assistant to the Mayor.
B.
Appointment; term of office. The Confidential Secretary/Administrative
Assistant to the Mayor shall be appointed by and responsible only
to the Mayor. The Confidential Secretary/Administrative Assistant
shall serve at the pleasure of the Mayor.
C.
Authority and responsibilities. The Confidential Secretary/Administrative
Assistant to the Mayor shall have the following duties:
(1)
Organize and summarize information and prepare it for the Mayor's
review and action.
(2)
Meet with department heads regarding day-to-day business, expediting
administrative interaction between the Mayor's office and City departments.
(3)
Serve as a liaison officer between the Mayor, the media, public interest
groups, businesses and residents.
(4)
Be familiar with all aspects of the City government and with the
functions and activities of the various offices and employees of the
City.
(5)
Be familiar with the various services rendered by the City to its
residents, in order that callers can be informed of the extent of
these services and of the schedule for their performance.
(6)
Review all correspondence received in the office of the Mayor, and
arrange for its routing and for assembling the materials needed by
the Mayor to respond to all such correspondence.
(7)
Answer all telephone calls placed to the office, respond in an appropriate
fashion and direct as appropriate.
A.
Establishment. There shall be one or more Constables as provided
in MGL c. 41, §§ 91 through 95.
B.
Appointment; term of office. The Mayor shall appoint, subject to the review of the City Council as provided in Section 2-10 of the Charter, one or more constables for a term not to exceed three years each.
C.
Authority 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 illegal gaming. Constables also serve
all processes directed to them by the City, for notification of City
meetings, or for other purposes.[1]
A.
Establishment. There shall be a Director of the Council on Aging.
B.
Appointment; term of office. The Mayor shall appoint some person
especially suited by education, training and experience to serve as
Director of the Council on Aging for a term not to exceed three years.
C.
Authority and responsibilities. The Director of the Council on Aging
shall assist the Council on Aging in coordinating and conducting programs
dealing with the problems of aging and shall promote facilities for
the health, education, welfare and recreation of the aging. The Director
shall be an advocate for the needs of the elderly people residing
in the City, and shall conduct surveys of the elderly population to
better determine their needs, problems and concerns.
A.
Establishment. There shall be a Director of Emergency Management
to administer the Department of Emergency Management as provided in
Chapter 639 of the Acts of 1950, as amended.
B.
Appointment; term of office. The Mayor shall appoint, subject to the review of the City Council as provided in Section 2-10 of the Charter, a Director of Emergency Management to serve for a term not to exceed three years.
C.
Authority and responsibilities. The Director of Emergency Management
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 weapons of defense; emergency transportation;
existing or properly assigned functions of plant protection; temporary
restoration of public utility services; and other functions. The Director
shall have all other powers and duties given to such directors by
general laws, provisions of the Code of Massachusetts Regulations,
and City ordinances.
[Amended 9-5-2008 by Ord. No. 174A; 4-6-2011 by Ord. No.
42]
A.
Establishment. There shall be a Director of Engineering, Commissioner
of Public Services, Public Works. The Director of Engineering, Commissioner
of Public Services, Public Works shall be a City officer.
B.
Appointment; term of office. The Mayor shall, subject to the review of the City Council as provided in Section 2-10 of the Beverly Home Rule Charter, appoint a Director of Engineering, Commissioner of Public Services, Public Works for a term of not more three years.
C.
Authority and responsibilities.
(1)
The Director of Engineering, Commissioner of Public Services, Public
Works shall be responsible for maintenance of the disposal area, water
pollution control facilities, public highways, bridges, sidewalks,
parking lots, parks, playgrounds, recreation and conservation areas,
cemeteries, City forests, and public buildings, as well as the maintenance
of all City-owned vehicles. The Director of Engineering, Commissioner
of Public Services, Public Works shall, with the approval of the Mayor,
appoint division chiefs.
(2)
The Department of Public Services shall be under the direction and
control of the Director of Engineering, Commissioner of Public Services,
Public Works. The Director of Engineering, Commissioner of Public
Services, Public Works shall perform all duties and shall have the
powers formerly imposed and conferred upon the Commissioner of Public
Works, Superintendent of Highways and Sewers, Tree Warden, Water Board,
Superintendent of Waterworks, Board of Park Commissioners and Surveyor
of Highways.[1]
(3)
The Director of Engineering, Commissioner of Public Services, Public
Works shall have charge and control of maintenance of the public cemeteries
and burial places within the City limits.
(4)
The Director of Engineering, Commissioner of Public Services, Public
Works shall have charge of all specific repairs upon all highways,
streets and bridges.
(5)
The Department of Engineering shall be under the direction and control
of the Director of Engineering, Commissioner of Public Services, Public
Works.
(6)
The Director of Engineering, Commissioner of Public Services, Public
Works shall be responsible to the Mayor for the effective operation
of the Department of Engineering and shall be responsible for the
management of all projects assigned to the Department of Engineering,
whether performed by City employees or outside entities and for all
personnel assigned to the Department.
(7)
The Director of Engineering, Commissioner of Pubic Services, Public
Works shall be responsible for the coordination of all activities
of agencies within the Department with all activities of the Salem
and Beverly Water Supply Board and the South Essex Sewerage District.
(8)
The Director of Engineering, Commissioner of Public Services, Public
Works shall be responsible for the coordination and oversight of the
collection and disposal of solid waste and recyclable materials.
A.
Appointment; term of office. The Fire Chief shall be appointed by the Mayor, subject to the review of the Council as provided in Section 2-10 of the Charter, to serve for a term of not less than three years nor more than five years.
B.
Qualifications. The Fire Chief shall be a person especially fitted
by education, training and experience to perform the duties of the
office. At the time of appointment, the Fire Chief shall hold at least
a degree in a field appropriately related to public safety and shall
have had at least five years of progressively responsible experience
in fire safety administration.
C.
The Fire Chief shall be a City officer and a public safety official.
D.
Powers and duties. The Fire Chief shall be responsible to the Mayor
for the effective operation of the Fire Department and all of the
firesafety activities of the City. The Fire Chief shall supervise
all activities of the Fire Department, and shall coordinate the assignment
of personnel serving in the Department through the heads of the several
offices constituting the Department. The Fire Chief may serve, notwithstanding
any provision of this section which may appear to the contrary, as
the head of any other office within the Department or may appoint
the head of one office within the Department to serve in addition
as the head of another office within the Department, provided such
person so appointed or so serving possesses all of the qualifications
for the position which may be prescribed by law, by rule, or otherwise.
E.
The Fire Chief shall have the specific powers and duties as set forth
by ordinance, including, but not limited to:
(1)
Administering the affairs of the Fire Department.
(2)
General authority and control over all office staff and overseeing
the proper fulfillment of all tasks and duties assigned to the Fire
Department.
(3)
Prescribing such rules and regulations as he deems necessary or expedient
for the proper operation of the Fire Office and to that end keeping
himself informed of the latest administrative practices; subject to
the civil service law and rules and any collective bargaining agreements
as may be applicable, taking all personnel actions, including hiring,
assigning and reassigning employees, including supervisory personnel,
within the Department and supervising their performance.
(4)
Coordinating all emergency preparedness functions of the City to
be compatible with the functions of the federal and state governments
and adjacent political subdivisions.
(5)
Establishing policies for effective use of work force resources and
facilities to deal with any major natural disaster or nuclear incident.
A.
Establishment. There shall be Gas/Plumbing Inspector as provided
in MGL c. 142, § 11.
B.
Appointment; term of office. The Gas/Plumbing Inspector shall, subject to the consent of the Mayor, be appointed by the Director of Municipal Inspections and shall hold office as provided in Section 5-8 of the Charter for a term not to exceed three years.
C.
Authority and responsibilities. The Gas/Plumbing Inspector is responsible
to the Director of Municipal Inspections for the enforcement of the
rules and regulations adopted by the Board of State Examiners of Plumbers
and Gas Fitters. The Gas/Plumbing Inspector shall have all other powers
and duties given to gas/plumbing inspectors by the general laws of
the commonwealth, Code of Massachusetts Regulations, and by City ordinances.
The Gas/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 City (MGL c. 142, §§ 11
through 13, and c. 142, generally).
A.
Establishment. There shall be a Harbormaster and such assistants
as may be deemed necessary.
B.
Appointment; term of office. The Chief of Police, subject to the
consent of the Mayor, shall appoint a Harbormaster to serve for a
term of not more than three years. The Harbormaster shall be appointed
as a special officer on the City waters and City waterfront property.
The Harbormaster, subject to the consent of the Mayor, may appoint
Assistant Harbormasters for terms not to exceed three years.[1]
C.
Authority and responsibilities. The Harbormaster and Assistant Harbormasters
shall be responsible for the operation of all vessels in the harbor
in conformity with MGL c. 102, §§ 17 through 28, and
all City ordinances adopted in relation to the harbor.
A.
Establishment. There shall be a Director of Human Resources as provided in Section 5-7 of the Charter who shall be the head of the Department of Human Resources (as provided in Section 5-7 of the Charter), which shall be responsible for all personnel and employee-related functions and activities of the City and for the supervision and coordination of all activities of all City agencies in relation to any personnel or employee-related function or activity.
B.
Appointment; term of office. The Director of Human Resources shall be appointed by the Mayor, subject to review of the Council as provided in Section 2-10 of the Charter, to serve for a term of not more than three years.
C.
Qualifications. The Director of Human Resources shall be a person
especially fitted by education, training and experience to perform
the duties of the office. At the time of appointment, the Director
of Human Resources shall hold at least a degree in a field appropriately
related to business administration or public administration and shall
have had at least five years of progressively responsible experience
in public or governmental personnel or human services administration.[1]
D.
Powers and duties. The Director of Human Resources shall have the
following specific powers and duties:
(1)
Be responsible for all personnel and employee-related functions and activities of the City government and its administration as provided in Section 5-7 of the Charter.
(2)
Plan, administer and direct all phases of all municipal personnel
plans and collective bargaining agreements, including wage and salary
administration, position classification, sick and vacation day administration,
accident prevention programs, employee grievance procedures, physical
examination processing, testing, review and evaluation of work records
and all other recordkeeping related to City employees.
(3)
Develop new and revised personnel policies and practices to maintain
and keep current the existing high standards for municipal personnel.
(4)
Review and evaluate all requests for new or additional personnel
made by City agencies and make recommendations to the Mayor.
(5)
Advise and assist all agency heads and employees in all aspects of
municipal personnel matters, including recruitment, promotion, transfer,
training, wages, insurance and other benefits of employment.
(6)
Adopt and promulgate rules and regulations governing any subject
within the jurisdiction of the Department of Human Resources as are
necessary to implement the provisions of this section.
A.
Establishment. There shall be a Director of Information Technology.
B.
Appointment; term of office. The Mayor shall appoint a Director of
Information Technology for a term not to exceed three years.
C.
Authority and responsibilities. The Director of Information Technology
shall be responsible for the implementation, development and upkeep
of the electronic data processing, document storage, search and retrieval
system and other information technology systems and uses of the City.
A.
Establishment. There shall be a Keeper of the Lockup, as provided
in MGL c. 40, § 35.
B.
Appointment; term of office. The Mayor shall appoint a Keeper of
the Lockup for a term not to exceed three years.
C.
Authority and responsibilities. The Keeper of the Lockup shall have
the care and custody of the City lockup and of all persons who are
committed to the lockup, as provided in MGL c. 40, §§ 34
through 37, inclusive.
A.
Establishment. There shall be a Library Director.
B.
Appointment; term of office. The Library Director shall be appointed
by the Mayor for a term not to exceed three years.
C.
Authority and responsibilities. The Library Director shall be responsible
for overseeing the entire operation of the public library, including
management of the buildings and grounds; preserving, maintaining and
enlarging the books, periodicals, manuscripts, recordings, film, videotape
and other materials which constitute the collection; supervising and
directing all employees of the public library and being involved in
every other phase of the care and management of the public library
on behalf of the Board of Trustees and the public.
A.
Establishment. There shall be a Director of Municipal Finance, as provided in Section 5-4 of the Charter, who shall be the head of the Department of Municipal Finance (as provided in Section 5-4 of the Charter), which shall be responsible for the management of the fiscal and financial affairs of the City and for the supervision and coordination of all activities of all City agencies in relation to any fiscal or financial matter.
B.
Appointment; term of office. There shall be a Director of Finance appointed by the Mayor, subject to the review of the Council as provided in Section 2-10 of the Charter, to serve for a term not to exceed three years.
C.
Qualifications. The Director of Municipal Finance shall be a person
especially fitted by education, training, and experience to perform
the duties of the office. At the time of appointment, the Director
of Municipal Finance shall hold at least a bachelor's degree in a
field appropriately related to finance, including, but not limited
to, business administration or public administration, and shall have
had at least five years of progressively responsible experience in
public or governmental finance.[1]
D.
Powers and duties. The Director of Finance shall have the following
specific powers and duties:
(1)
The Director of Municipal Finance shall be responsible for the performance of all the fiscal and financial activities of the City, as provided in Section 5-4 of the Charter.
(2)
The Director of Municipal Finance shall assure that a full and complete
inventory of all City property is kept, including all such property
under the jurisdiction of the School Committee.
(3)
The Director of Municipal Finance shall be responsible for the development, in draft form, of an annual operating budget and an annual capital improvement plan to assist the Mayor in meeting the financial responsibilities assigned to the Mayor by Article 6 of the Charter, and for the oversight throughout each fiscal year of the expenditure of all City funds pursuant to such budgets as are adopted by the City.
(4)
The Director of Finance shall receive all requests made for the expenditure
of City funds from every City office and agency. The Director of Finance
shall assemble all such requests into a form deemed to be best suited
to show a complete financial plan for all City funds and activities
for the ensuing fiscal year. In making such arrangement, the Director
of Finance may, with the approval of the Mayor, alter in any manner
the requests made for appropriations by any City office or agency,
except the School Committee.
(5)
The proposed City operating budget for the ensuing fiscal year shall
be prepared by the Director of Finance within fiscal and policy guidelines
established by the Mayor. The proposed operating budget prepared by
the Director of Finance shall utilize modern concepts of fiscal presentation
so as to furnish a maximum amount of information and the best financial
controls, and shall show in detail all estimated income from the proposed
property tax levy and from every other source, by category. The proposed
City operating budget as prepared by the Director of Finance shall
show in separate columns the amount appropriated in the prior fiscal
year, the amount requested by the spending agency, and the amount
recommended by the Mayor. The proposed budget submitted to the City
Council by the Mayor shall be based upon the material prepared by
the Director of Finance.
(6)
The Director of Municipal Finance shall adopt and promulgate rules
and regulations governing any subject within the jurisdiction of the
Department of Municipal Finance as are necessary to implement the
provisions of this section.
A.
Establishment. There shall be a Director of Municipal Inspections, as provided in Section 5-8 of the Charter, who shall be the head of the Department of Municipal Inspections (as provided in Section 5-8 of the Charter), which shall be responsible for the coordination and management of the inspection-related activities of the City, and for the supervision and coordination of all activities of all City agencies in relation to any inspection service as provided in MGL c. 143, § 3, and 780 CMR (Code of Massachusetts Regulations).
B.
Appointment; term of office. Subject to the review of the City Council as provided in Section 2-10 of the Charter, the Director of Municipal Inspections shall be appointed by the Mayor and shall hold office for a term not to exceed three years and in conformity with the provisions of Section 5-8 of the Charter. The Director of Municipal Inspections shall have at least the qualifications as are provided in MGL c. 143, § 3.[1]
C.
The Director of Municipal Inspections shall be a person especially
fitted by education, training, and at least five years' experience
in code enforcement services to perform the duties of the office.
At the time of appointment, the Director of Municipal Inspections
shall be qualified, and state certified, to serve as the head of at
least one of the divisions within the department.
D.
Powers and duties.
(1)
The Director of Municipal Inspections shall be responsible to the Mayor for the effective operation of the Department of Municipal Inspections and all of the inspection-related activities of the Department. The Director of Municipal Inspections shall, with the approval of the Mayor, and in accordance with Sections 3-4 and 8-15 of the Charter, appoint and discharge employees permanently assigned within the offices of municipal inspections, except for those designated as City officers, who shall be appointed by the Mayor, subject to the review of the Council. The Director of Municipal Inspections shall supervise all activities of the Department of Municipal Inspections and shall direct and assign all personnel serving in said Department and shall direct and assign other municipal personnel in the performance of inspection services.
(2)
The Director of Municipal Inspections may serve, notwithstanding
any provision of this section which may appear to the contrary, as
the head of any other offices within the Department or may appoint
the head of one office within the Department to serve in addition
as the head of another office within the Department, provided such
person so appointed or so serving possesses all of the qualifications
for the position which may be prescribed by law, by rule, or otherwise.
(3)
The Director of Municipal Inspections shall have such other specific
powers and duties as set forth by ordinance.
E.
Authority and responsibilities.
(1)
The Director of Municipal Inspections shall make inspections, issue such permits and enforce such regulations and ordinances as may be required by the City or as may be required by the provisions of Chapter 143 of the General Laws or under the so-called State Building Code and may for such purposes, at all reasonable times, enter upon premises to carry out such lawful procedures.
A.
Establishment. There shall be a Parking Clerk as provided in MGL
c. 90, § 20A.
B.
Appointment; term of office. The Director of Municipal Finance shall,
subject to the consent of the Mayor, appoint a Parking Clerk for a
term not to exceed three years.
C.
Authority and responsibilities. The Parking Clerk shall report to
the Director of Municipal Finance and shall supervise and coordinate
the processing of parking notices in the City as provided in MGL c.
90, §§ 20A through 20E.
[Amended 3-17-2014 by Ord. No. 89]
A.
Appointment; term of office. There shall be a Director of Parks, Recreation and Community Services, who shall be the head of the Department of Community Services and the head of the Department of Parks and Recreation. The Director of Parks, Recreation and Community Services shall be appointed by the Mayor, subject to the review of the Council as provided in Section 2-10 of the Charter, to serve for a term not to exceed three years.
B.
Qualifications. At the time of appointment, the Director of Parks,
Recreation and Community Services shall hold at least a bachelor's
degree in a field appropriately related to business administration
or public administration and shall have had at least five years of
progressively responsible experience in public or governmental administration.
C.
Powers and duties. The Director of Parks, Recreation and Community
Services shall be responsible to the Mayor for the effective operations
of the Department of Community Services and all of the community services
activities of the Department. The Director of Parks, Recreation and
Community Services shall also be responsible for the effective operations
of the Parks and Recreation Department. The Director of Parks, Recreation
and Community Services shall supervise all activities of the Department
of Community Services and the Parks and Recreation Office and shall
direct and assign all personnel serving in said departments and shall
direct and assign other municipal personnel in the performance of
community services related services or functions. The duties of the
Director of Parks, Recreation and Community Services shall include,
but not be limited to:
(1)
Provide coordination and direction to the agencies within the department
to ensure consistent administration and the efficient delivery of
services to citizens and taxpayers.
(2)
Meet regularly with the Mayor to develop goals and objectives for
each of the agencies within the department and to measure and evaluate
the performance of functions by the agencies.
(3)
Meet with all City agencies to explain the goals and objectives set
by the Mayor for each such agency.
(4)
Examine the level of services provided in other communities to ensure
the City of Beverly provides nothing less than an equivalent service
for its citizens.
(5)
Assist all City agencies in the development of annual operating budgets
and capital outlay requests.
(6)
Provide assistance to all City agencies in personnel-related matters,
including appointment, discharge, evaluation and supervision.
(7)
Serve as liaison among all City agencies, the City Council and the
Mayor.
(8)
Be responsible for the coordination and supervision of the data processing
and management information systems for the City and any of its governmental
offices and agencies.
(9)
Provide, conduct and supervise activities at public playgrounds,
playfields, indoor recreation centers and recreation areas and facilities,
except Hurd Stadium, and such other places as may from time to time
be available to the City for the conduct of such programs. The Director
of Parks, Recreation and Community Services, subject to policies adopted
by the Parks and Recreation Commission, may conduct such activities
on property under the control of the Parks and Recreation Commission,
on other public properties with the consent of the agency having authority
over such property, and on private properties with the consent of
the owners. The Director of Parks, Recreation and Community Services
shall have the power to conduct any form of recreation or cultural
activity that will employ the leisure time of the people in a constructive
and wholesome manner.
A.
Establishment. There shall be a Director of Planning and Development, as provided in Section 5-5 of the Charter, who shall be the head of the Department of Planning and Development (as provided in Section 5-5 of the Charter), which shall be responsible for the coordination of all of the planning and development-related activities of the City and for the supervision and coordination of all activities of all City agencies in relation to any planning and development-related activities conducted by any such agency of the City.
B.
C.
Qualifications. The Director of Planning and Development shall be
a person especially fitted by education, training and experience to
perform the duties of the office. Qualifications for appointment as
Director of Planning and Development shall include, but are not limited
to, a degree in a field appropriately related to municipal planning
and development, including, but not limited to, business administration
or public administration, and at least five years of progressively
responsible experience in public or governmental planning and development.[2]
D.
Powers and duties. The Director of Planning and Development shall
be responsible to the Mayor for the effective operation of the Department
of Planning and Development and all of the planning and development
activities of the City. The Director of Planning and Development shall
supervise all activities of the Department of Planning and Development
and shall direct and assign all personnel serving in the Department,
and shall direct and assign other municipal personnel in the performance
of planning and development-related services or functions.
E.
Authority and responsibilities. The Director of Planning and Development
shall be responsible to the Mayor for the effective operation of the
Department of Planning and Development and all of the planning and
development activities of the City. The Director of Planning and Development
shall, with the approval of the Mayor, appoint and discharge employees
within the Department of Planning and Development. The Director of
Planning and Development shall supervise all activities of the Department
of Planning and Development and shall direct and assign all personnel
serving in the Department, and shall direct and assign other municipal
personnel in the performance of planning and development-related services
or functions.
F.
The Director of Planning and Development shall have the following
specific powers and duties:
(1)
Be responsible for the coordination of all planning and development-related
activities of the City.
(2)
Be responsible for the administration of the City agencies and functions
assigned to this department.
(3)
Be responsible for the coordination of all land acquisitions and
disposals, land management proposals, and all economic planning.
(4)
Be responsible for the preparation of a comprehensive or master plan
which shall set forth, in graphic and textual forms, policies to govern
the future development of the City.
(5)
Be responsible for the maintenance of a central records library for
all data, reports, records, statistics and planning and development-related
materials as may be related to the City, whether written, printed
or otherwise reproduced and whether on magnetic tape for audio or
visual retrieval or stored in computer-related form.
(6)
Be responsible for oversight of the community development block grants
office to ensure applications made by the agency for funds are consistent
with and conformable to the comprehensive or master plan and to monitor
the administration of any grants received for compliance with the
City's plan and the grantor's requirements and conditions.
(7)
Adopt and promulgate rules and regulations governing any subject
within the jurisdiction of the Department of Planning and Development
as are necessary to implement the provisions of this section.
(8)
Plan, organize and direct the activities of professional, technical,
administrative and clerical personnel of the Department of Planning
and Development engaged in the compilation, analysis and interpretation
of data pertaining to municipal planning.
(9)
Initiate and conduct studies of the resources, possibilities and
needs of the City and its metropolitan area.
(10)
Prepare plans and recommendations for submission to the Mayor
and City Council:
(a)
For the use of land for residential, commercial, industrial,
recreational and other purposes.
(b)
For controlling shifts of population.
(c)
For situating public and private ways, bridges, parks, recreation
facilities, public buildings, public utility services, public housing
projects, slum clearance and urban development projects, public garages
and off-street parking facilities.
(d)
For affording further facilities for the housing, transportation,
employment, health, safety and general welfare of the population;
(11)
Act as technical adviser to the Mayor and City Council, Planning
Board, and other City agencies or officials on municipal planning
matters.
(12)
Publish and distribute such copies of plans or reports as the
City Council may authorize in connection with planning and development
problems and policies.
(13)
Prepare and submit annually a long-range capital improvement
program for the City, including data as to the cost of each project
recommended, relative priorities of projects from an urgency and desirability
standpoint, and the amounts that might be available from borrowed
funds, federal or state grants-in-aid or from the annual tax levy,
together with the estimated amounts returnable to the City by betterment
assessments.
(14)
Prepare and administer the departmental budget.
(15)
Participate in the administration of the zoning, subdivision
and other related ordinances.
(16)
Confer with civic groups; prepare public relations programs;
participate in planning conferences; and speak to public gatherings.
A.
Establishment. There shall be a Police Chief, as provided in MGL
c. 41, §§ 96 through 99A, who shall be the head of
the Police Department, which shall be responsible for the coordination
of all the police-related activities of the City and for the supervision
and coordination of all activities of all City agencies in relation
to any police safety matter.
B.
Appointment. The Police Chief shall be appointed by the Mayor, subject to review of the Council as provided in Section 2-10 of the Charter, and shall serve for a term of not less than three years nor more than five years.
C.
The Chief of Police shall be a City officer and public safety official.
D.
Powers and duties.
(1)
The Police Chief shall be responsible to the Mayor and shall have
the following duties:
(a)
Administer the affairs of the Police Department.
(b)
Have general authority and control over all departmental staff
and oversee the proper fulfillment of all tasks and duties assigned
to the Department.
(c)
Prescribe such rules and regulations as he deems necessary or
expedient for the proper operation of the Police Department and to
that end keep informed of the latest administrative practices.
(d)
Subject to the civil service law and rules and any collective
bargaining agreements as may be applicable, take all personnel actions,
including hiring, assigning and reassigning employees, including supervisory
personnel, within the Police Department, and shall supervise the performance
of all personnel assigned to the Department.
(e)
The Chief of Police shall be in immediate control of all City
property used by the Department, and of the police officers, whom
he shall assign to their respective duties and who shall obey his
orders.
(f)
The Police Chief and other police officers of the City shall
have all the powers and duties of constables, except serving and executing
civil process. They shall suppress and prevent all disturbances and
disorder. They may carry within the commonwealth such weapons as the
Chief of Police shall determine. They may examine all persons abroad
whom they have reason to suspect of unlawful design, and may demand
of them their business abroad and whither they are going; may disperse
any assembly of three or more persons; and may enter any building
to suppress a riot or breach of peace therein. Persons so suspected
who do not give a satisfactory account of themselves, persons so assembled
who do not disperse when ordered, and persons making, aiding and abetting
in a riot or disturbance may be arrested by the police, and may thereafter
be safely kept by imprisonment or otherwise unless released in the
manner provided by law, and taken before a district court to be examined
and prosecuted.
(2)
Responsibilities as to Department. The Chief of Police shall be responsible
for the discipline and efficiency of his department and, subject to
the approval of the Mayor, shall have the entire control and management
thereof, including all reserve and special officers and animal control
officers when engaged in the service of the City. He shall make such
rules and regulations for the proper government of the Police Department
and animal control officers as he may from time to time deem expedient,
subject to the approval of the Mayor and the City Council, and not
repugnant to the laws of the commonwealth or any ordinance of the
City.
[Amended 10-19-1987 by Ord. No. 428A[1]]
(3)
Jurisdiction over traffic signals. The Chief of Police shall have
complete jurisdiction over all traffic signals in the City.
E.
Vacancies. In case of a vacancy in the Office of Chief of Police,
or in the absence from duty of the Chief, the ranking officer of the
Police Department shall have all the power and perform all the duties
of the Chief of Police.
F.
Control and authority over Senior Captain's duties. The duties of
the Senior Captain of the Police Department shall be prescribed by
the Chief of Police, and the Senior Captain shall perform such duties
under the direction and control of the Chief of Police. The duties
of the Senior Captain may include but not be limited to the following:
(1)
Oversee the supervision of patrol functions by the watch commanders
on all shifts.
(2)
Assign working days and overtime for all Patrol Division officers
of rank.
(3)
Direct the investigation of complaints from and against personnel
in the Patrol Division.
(4)
Instruct and advise subordinate officers on police patrol procedures.
(5)
Supervise the carrying out of orders from the Chief.
(6)
Organize and conduct staff meetings for watch commanders and patrol
supervisors.
(7)
Actively seeks to resolve problems existing within the Patrol Division.
(8)
Recommend means of improving Department operations to the Chief.
(9)
Recommend awarding commendations to deserving members.
G.
Reports. On the first day of each month, and at all times when especially
required, the Chief of Police shall make a written report to the Mayor
of the doings of the Police Department, and shall annually in the
month of January make a written report to the City Council of the
condition of the Department and its doings for the preceding year,
with such recommendations as he may deem desirable.[3]
A.
Establishment. The Mayor shall be the Chief Procurement Officer for the City as provided in the third paragraph of Section 3-2 of the Charter. The Mayor may delegate all or any portion of the powers of Chief Procurement Officer to a subordinate; provided, however, no such delegation shall in any way absolve the Mayor from the ultimate responsibility for all procurement activities.
B.
Deputies. The Mayor may appoint Deputy Procurement Officers for such
terms and under such conditions as the Mayor shall deem to be in the
best interests of the City.
A.
Establishment. There shall be a Director of Public Health.
B.
Appointment; term of office. The Mayor shall, subject to the review of the City Council as provided in Section 2-10 of the Charter, appoint a Director of Public Health for a term not to exceed three years.
C.
Powers and duties. The Director of Public Health is responsible for
planning, implementing and enforcing public health laws, codes, regulations,
board policies, rules and preventive health and environmental programs.
The Director exercises administrative and technical supervision over
all employees of the Health Department, directs all activities of
the Department in accordance with policies of the Board of Health
and public health laws and is responsible for the conduct of programs
designed to preserve and protect the public health within the City.
A.
Establishment. The shall be a Purchasing Director appointed by the
Mayor who may exercise such powers of the Mayor as Chief Procurement
Officer for the City as the Mayor may deem necessary, desirable or
expedient and who shall be the head of the Purchasing Department.
B.
Qualifications. The Director of Purchasing shall be a person especially
fitted by education, training, and experience to perform the duties
of the office. At the time of appointment, the Director of Purchasing
shall hold at least a degree in a field appropriately related to business
administration or public administration and shall have had at least
five years of progressively responsible experience in public or governmental
purchasing administration.[1]
C.
Powers and duties. The duties of the Director of Purchasing shall
include, but are not to be deemed to be limited to, the following:
(1)
Be responsible to the Mayor for the effective operation of the Purchasing
Department, and all of the procurements and contract administration
related functions and activities of the City. The Director of Purchasing
shall supervise all activities of the Purchasing Department and shall
direct and assign all personnel serving in said Department.[2]
(2)
Authorize and devise methods and procedures for all purchasing procedures,
including those not covered by ordinance or by statute; procure all
construction work and miscellaneous services; make technical decisions
using independent judgment and purchasing knowledge.
(3)
Request and review price quotations on all materials, supplies and
equipment to be purchased by the City; award contracts to successful
bidders; and direct the issuance of purchase orders.
(4)
Conduct the bidding process, including writing or assisting City
agencies in preparing detailed specifications for items to be purchased;
direct the formal advertising of bid invitations; preside at bid openings;
analyze bids; award contracts in conformity with ordinances and statutes;
establish the amount for bid bonds, bid deposits, performance bonds,
and liability insurance for all contracts.
(5)
Maintain records of all transactions, purchases, contracts, equipment
transfers or sales.
(6)
Develop and maintain working relationships with sources of supply;
interview sales representatives and maintain files for sources of
supply for goods, price trends, and other new developments in the
field of purchasing and procurement.
(7)
Dispose of surplus goods and materials by sale or otherwise.
(8)
Assist all City agencies in the preparation of all materials required
in the solicitation of bids, for construction or other services, including
interface with the Department of Labor and Industries of the Commonwealth,
publication in the Central Register, insurance, bid deposit and advertising
requirements, preparation of all bid documents, contracts and other
legal documents and by answering all questions as may be posed by
City agencies with respect to these subjects.[3]
[3]
Editor's Note: Original § 8.43, Recreation Director,
of the prior Code of Ordinances, which immediately followed this section,
was repealed 3-17-2014 by Ord. No. 89.
