The organization of the Town into operating agencies for the
provision of services and the administration of the government may
be accomplished through either of the methods provided in this article.
(a) Ordinances - Subject only to express prohibitions in a general law
or the provisions of this Charter, the Town Council may, by ordinance,
reorganize, consolidate, create, merge, divide or abolish any Town
agency, in whole or in part; establish such new Town agencies as it
deems necessary or advisable, determine the manner of selection, the
term of office and prescribe the functions of all such entities; provided,
however, that no function assigned by this Charter to a particular
Town agency may be discontinued, or assigned to any other Town agency,
unless this Charter specifically so provides.
(b) Administrative Code - The Mayor may from time to time prepare and submit to the Town Council plans of organization or reorganization which establish operating divisions for the orderly, efficient or convenient conduct of the business of the Town. Whenever the Mayor prepares such a plan the Mayor shall hold one or more public hearings on the proposal giving notice by publication in a local newspaper, which notice shall describe the scope of the proposal and the time and place at which the hearing will be held, not less than seven nor more than 14 days following said publication. Following such public hearing, the proposal, which may have been amended subsequent to the public hearing, shall be submitted to the Town Council by the Mayor. An organization or reorganization plan shall become effective at the expiration of 60 days following the date on which the proposal is submitted to the Town Council unless the Town Council shall, within said 60 days, by a majority vote, vote to disapprove the plan. The Town Council may vote only to approve or to disapprove the plan and may not vote to amend or to alter it. The Mayor may, through the administrative code, and subject only to express prohibitions in a general law, or this Charter, reorganize, consolidate or abolish any Town agency, in whole or in part; establish such new Town agencies as are deemed necessary to the same extent as is provided in Section
6-1(a), above, for ordinances; and for such purpose transfer the duties and powers and, so far as is consistent with the use for which the funds were voted by the Town, transfer the appropriation of one Town agency to another; provided, however, that no function assigned by this Charter to a particular Town agency may be discontinued or assigned to any other Town agency unless this Charter specifically so provides.
Every organization or reorganization plan submitted by the Mayor
pursuant to this provision shall contain a proposed ordinance which
sets out, in detail, such amendments, insertions, revisions, repeals
or otherwise of existing ordinances as may be necessary to accomplish
the desired reorganization. Such reorganization plan and proposed
ordinance shall be accompanied by a message of the Mayor which explains
the benefits expected to ensue if the plan is adopted.
Whenever the Mayor proposes such a plan the Town Council shall
hold one or more public hearings on the proposal giving notice by
publication in a local newspaper, which notice shall describe the
scope of the proposal and the time and place at which the public hearing
will be held, not less than seven nor more than 14 days following
said publication.
All appointments and promotions of Town officers and employees
shall be made on the basis of merit and fitness demonstrated by examination,
or by other evidence of competence and suitability.
There shall be a Board of License Commissioners which shall
have the power to issue licenses for innholders or common victuallers,
have the powers of a licensing board appointed under Section 4 of
Chapter 138 of the General Laws, and to be the licensing authority
for the purposes of Chapter 138 and Chapter 140 of the General Laws
and which shall have all of the other powers with respect to licenses
which, prior to the adoption of the home rule charter, were exercised
by the Board of Selectmen. The Board of License Commissioners may
grant licenses relating to alcoholic beverages under Chapter 138 of
the General Laws and those licenses under Chapter 140 of the General
Laws which are not, by the provisions of said chapter, placed within
the jurisdiction of another municipal officer or agency, and it shall
have all the powers and duties of a licensing authority under said
chapters.
The Board of License Commissioners shall consist of three voters
appointed by the Mayor for terms of three years each, so arranged
that the term of one member shall expire each year. No person while
a member of the Board of License Commissioners shall have any connection,
directly or indirectly, with the sale or distribution of alcoholic
beverages in any form.
[Amended 11-8-2005]
There shall be a Board of Park and Recreation Commissioners
consisting of seven members appointed by the Mayor for overlapping
terms of three years each, so arranged so that the term of office
of at least two members shall expire in each odd-numbered year. The
Board of Park and Recreation Commissioners shall act in an advisory
capacity to the Mayor.
There shall be a Public Safety Commission which shall consist
of five voters appointed by the Mayor for terms of three years each,
so arranged that as nearly an equal a number of terms as is possible
shall expire each year. The Public Safety Commission shall be responsible
for oversight of the Police and Fire Departments and for the effective
coordination of the administration of the said departments with one
another and with other Town departments and agencies. The Public Safety
Commission shall have no authority to interfere with the delivery
by police officers and firefighters of police or fire services, which
direction shall, exclusively, be the responsibility of the respective
chiefs.
The Public Safety Commission shall assist the Mayor in the supervision
of the Police and Fire Departments by making recommendations to the
Mayor concerning (1) setting priorities within the said departments,
(2) the annual operating and capital budget requests to be made for
police and fire services, and (3) the appointment and promotion of
officers and men in the two departments.
The Public Safety Commission shall be responsible for the imposition
of discipline in the Police and Fire Departments by receiving all
complaints made by the public concerning the operation of the Police
and Fire Departments and the conduct of the officers, women and men
comprising the Police and Fire Departments. The Public Safety Commission
shall, subject to such rules and regulations as it may from time to
time adopt establishing procedures to be followed by it, hold public
hearings concerning complaints made to it, and its decisions with
respect to punishment to be imposed on police officers and firefighters
shall be final. Nothing in this section shall be construed to be a
bar to any other review as may be provided by general law.