City of Beverly, MA Article III Mayoral Appointments

[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]

§ 58-8 "City officer" designation; limits on compensation.

[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.

§ 58-9 Airport Manager.

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]

§ 58-10 Assessor, Chief.

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 Chair 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.

[Amended 5-20-2024 by Ord. No. 046]

§ 58-11 City Accountant.

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.

[Amended 2-16-2016 by Ord. No. 013]

(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.

§ 58-12 City Collector.

A. Establishment. There shall be a City Collector as provided in Section 5-4(2) of the Charter.

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 2-16-2016 by Ord. No. 013. 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 2-16-2016 by Ord. No. 013.

§ 58-13 City Solicitor.

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 possession or belonging to the Law Department or to the City, to the successor in office, who shall provide duplicate receipts therefor, one of which shall be filed with the City Clerk.

[Amended 5-20-2024 by Ord. No. 046]

(3) Professional assistants. The City Solicitor may appoint, subject to the consent of the Mayor, deputy assistants and such other assistants as in the judgment of the City Solicitor are needed to carry on the legal business of the City.

[Amended 5-20-2024 by Ord. No. 046]

(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 their compensation.

[Amended 5-20-2024 by Ord. No. 046]

(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.

[Amended 2-16-2016 by Ord. No. 013]

(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.

§ 58-14 City Treasurer.

A. Establishment. There shall be a City Treasurer as provided in Section 5-4(2) of the Charter.

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.

§ 58-15 City Treasurer, Assistant.

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]

[1] Editor's Note: Original Section 8.15 of the Code of Ordinances, Clerk of Committees, City Council, which immediately followed this section, was repealed 2-16-2016 by Ord. No. 013.

§ 58-16 Confidential Secretary/Administrative Assistant to the Mayor.

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.

§ 58-17 Constables.

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.

[Amended 2-16-2016 by Ord. No. 013]

§ 58-18 Council on Aging Director.

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 older adult population residing in the City, and shall conduct surveys of the older adult population to better determine their needs, problems and concerns.

[Amended 5-20-2024 by Ord. No. 046]

§ 58-19 Emergency Management Director.

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.

§ 58-20 Engineering, Commissioner of Public Services, Public Works, Director of.

[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 than three years.

[Amended 5-20-2024 by Ord. No. 046]

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.

[Amended 2-16-2016 by Ord. No. 013]

(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 Public 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.

[Amended 5-20-2024 by Ord. No. 046]

(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.

§ 58-21 Fire Chief.

[Amended 2-16-2016 by Ord. No. 013]

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 fire safety 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.

[Amended 5-20-2024 by Ord. No. 046]

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 the Fire Chief deems necessary or expedient for the proper operation of the Fire Office and keeping 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.

[Amended 5-20-2024 by Ord. No. 046]

(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.

(6) Providing for emergency functions to prevent and minimize the effects of disasters on persons and providing for the emergency repair of damage to public facilities resulting from enemy attack, fire, flood, tornado, earthquake, or other natural causes.[1]

[1] Editor's Note: Original Sections 8.24, Fire Inspector, and 8.25, Forest Warden, of the Code of Ordinances, which immediately followed this section, are now Ch. 7, §§ 7-15 and 7-16, of the City Code.

§ 58-22 Gas/Plumbing Inspector.

[Amended 2-16-2016 by Ord. No. 013]

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).

§ 58-23 Harbormaster.

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.

[Amended 2-16-2016 by Ord. No. 013]

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.

§ 58-24 Human Resources Director.

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.

[Amended 2-16-2016 by Ord. No. 013]

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.

§ 58-25 Information Technology Director.

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.

§ 58-26 Keeper of the Lockup.

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.

§ 58-27 Library Director.

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.

§ 58-28 Municipal Finance Director.

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. The Director of Municipal Finance 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.

[Amended 5-20-2024 by Ord. No. 046]

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.

[Amended 2-16-2016 by Ord. No. 013]

D. Powers and duties. The Director of Municipal Finance shall have the following specific powers and duties:

[Amended 5-20-2024 by Ord. No. 046]

(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 Municipal Finance shall receive all requests made for the expenditure of City funds from every City office and agency. The Director of Municipal 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 Municipal 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 Municipal Finance within fiscal and policy guidelines established by the Mayor. The proposed operating budget prepared by the Director of Municipal 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 Municipal 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 Municipal 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.

§ 58-29 Municipal Inspections Director.

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.

[Amended 2-16-2016 by Ord. No. 013]

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.

(2) The Director of Municipal Inspections shall serve as the Zoning Enforcement Officer as provided in MGL c. 40A, § 7.

[Amended 2-16-2016 by Ord. No. 013]

§ 58-30 Parking Clerk.

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.

§ 58-31 Parks, Recreation and Community Services, Director of.

[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 residents and taxpayers.

[Amended 5-20-2024 by Ord. No. 046]

(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 residents.

[Amended 5-20-2024 by Ord. No. 046]

(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.

§ 58-32 Planning and Development Director.

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. Appointment; term of office. The Director of Planning and Development shall be 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.

[Amended 2-16-2016 by Ord. No. 013]

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.

[Amended 2-16-2016 by Ord. No. 013]

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.

(17) The Planning Director shall have full charge of the work of the department and full supervision of the work of the planning and office staff.

[Amended 2-16-2016 by Ord. No. 013; 5-20-2024 by Ord. No. 046]

(18) The Planning Director shall participate and cooperate with the Planning Board of the City in the fulfillment of the Board's responsibilities under Chapter 41 of the General Laws, and shall perform any and all functions of that Board as it lawfully delegates to the Planning Director.[1]

[Amended 5-20-2024 by Ord. No. 046]

[1] Editor's Note: Original Section 8.37 of the Code of Ordinances, Plumbing Inspector, which immediately followed this section, was repealed 2-16-2016 by Ord. No. 013. See now § 58-22, Gas/Plumbing Inspector.

§ 58-33 Police Chief.

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.

[Amended 10-19-1987 by Ord. No. 428A; 2-16-2016 by Ord. No. 013; 5-20-2024 by Ord. No. 046]

(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 the Chief shall assign to their respective duties and who shall obey the Chief's orders.

(2) Responsibilities as to Department. The Chief of Police shall be responsible for the discipline and efficiency of the 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. The Chief 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.

(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.

(10) Have charge of public relations and information for the Department.[1]

[1] Editor's Note: Original Subsection (e) of this section, regarding the Mayor's duty to appoint the Deputy Chief from eligible Captains in the Department, which immediately followed this subsection, was repealed 2-16-2016 by Ord. No. 013.

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.[2]

[2] Editor's Note: Original Subsection (g), Public nuisances, which immediately followed this subsection, can now be found as Ch. 206, Nuisances, of the City Code.

§ 58-34 Procurement Officer, Chief.

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.

C. Authority and responsibilities. The Chief Procurement Officer shall be responsible for the procurement of all supplies and services for the City and for the disposal of all surplus supplies and other property, both real and personal, belonging to the City as provided in MGL Chapter 30B.[1]

[1] Editor's Note: Original Section 8.41 of the Code of Ordinances, Public Services Director, which immediately followed this section, was repealed 2-16-2016 by Ord. No. 013.

§ 58-35 Public Health Director.

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.

§ 58-36 Purchasing Director.

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.

[Amended 2-16-2016 by Ord. No. 013]

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.

[Amended 2-16-2016 by Ord. No. 013]

(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.[1]

[1] 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.