Town of West Springfield, MA Chapter 16 Departments

[HISTORY: Adopted by the Town Council of the Town of West Springfield as Ch. 5 and Ch. 6, § 6-100, of the Codified Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Town departments and agencies — See Charter Art. 4 and Art. 6.

Boards, commissions and multiple-member bodies — See Ch. 7.

§ 16-1 Department of Emergency Management.

A. Established. The Mayor shall appoint an Emergency Management and Civil Defense Director.

B. Powers and duties.

(1) There shall be an Emergency Management Department under the supervision of an Emergency Management Director.

(2) The Emergency Management Department seeks to maximize survival of persons and preservation of property in the Town in the event of a natural or man-made disaster by effective planning and by making use of all manpower, equipment, available shelter and other resources during an actual emergency.

(3) The Emergency Management Department provides planning, resources, communications and recovery services in support and coordinating and/or planning disaster or emergency responses and/or dealing with terrorist activities in the Town, adjacent communities, and the commonwealth. The Department functions as the emergency preparedness department consistent with the intent of Chapter 639 of the Acts of 1950 and is responsible for coordinating and planning all disaster emergency functions and services and/or terrorist response procedures with the Town amongst all municipal and nonmunicipal agencies and departments.

§ 16-3 Department of Public Works.

A. Establishment. The Town establishes a Department of Public Works under the control of a Director.

B. Appointment of director. The Mayor shall appoint the Director, who shall be responsible for daily operation of the Department and hire, with the approval of the Mayor, such employees as are determined necessary for proper operation of the Department.

§ 16-5 Department of Human Resources. [1]

[Added 3-18-2002 by Ord. No. 107]

A. Establishment.

(1) All Town departments and all positions in the Town service, except elected officials and employees of the School Department, shall be subject to the provisions of this section, in pursuance of the provisions of MGL c. 41, § 108A. The provisions of any approved collective bargaining agreement that conflicts with any provisions of this section with respect to employees covered under such labor agreement shall prevail over this section.

(2) The purpose of this section is to establish a system of personnel management that meets the various needs of Town government. It is the intent of this section to provide a means to recruit, select, develop and maintain a responsive and productive work force. All personnel actions in the Town service shall be made without regard to sex, race, religion, color, age, sexual orientation, disability or political affiliation and shall be based on merit, fitness for the particular position and education.

B. Scope of activities. The Department shall be responsible for and shall include, but not be limited to, the following functions:

(1) Study, develop, establish and coordinate uniform personnel practices and procedures for Town departments.

(2) Provide assistance to all individual employees on personnel matters, as requested by an employee or when determined to be beneficial by the Department.

(3) Develop and administer a recruitment and placement program designed to fill vacant positions in the Town with the best-qualified persons.

(4) Provide advice and assistance to the Mayor, department heads, supervisors and elected and appointed officials on all personnel matters, including position classifications, pay administration, recruitment and placement, employee relations, performance evaluation, disciplinary action, employee grievances and employee training.

(5) Develop and maintain a position classification system for all non-union full-time personnel, which shall include the assignment and utilization of personnel in all departments; make recommendations to the Mayor and the heads of such departments for changes that may be necessary to effect the proper classification and assignment of personnel in such duties as will permit the Town to receive maximum benefits from the skills and capabilities of such personnel.

(6) Administer the position classification system providing for the classification of all positions, other than those filled by popular elections, into groups and classes doing substantially similar work or having substantially equal responsibilities so as to ensure the payment of equitable compensation.

(7) Provide assistance to supervisory personnel at all levels in planning, developing and conducting training programs.

(8) Standardize forms and records to be used in the Town's personnel administration program other than those forms and records whose format is regulated by statute or by state agency or agencies authorized, by law, to exercise oversight over specific elements of personnel management.

(9) Provide guidance and assistance to appointing authorities on civil service law, furnish information regarding civil service examinations, render assistance to all departments in civil service matters, and perform liaison duties between Town departments and the Division of Personnel Administration of the commonwealth.

(10) Assist and participate (to the extent directed by the Mayor) in the negotiation, implementation, and administration of the Town's collective bargaining agreements.

(11) Recommend to the Mayor the enactment of such ordinances as are considered necessary to implement and administer the Town's personnel administration program.

(12) Maintain a centralized, secure location for the individual personnel records of all Town employees. Said records shall contain all the vital statistics and other pertinent data for each and every person employed by the Town. It shall be the duty of each department head and every other supervisory person to provide to the Director of Human Resources such records and reports as the Director may require.

(13) Study, develop, establish, coordinate and oversee an occupational safety and training program for the Town, at a minimum, as required by state and federal laws.

(14) Perform the duties required as affirmative action and equal employment officer for the Town, to ensure compliance by the Town with both affirmative action requirements applicable to the Town and equal opportunity employment.

(15) Administer and oversee the various insurance policies maintained by the Town, including a review of coverage needs, insurance costs and the handling of claims.

(16) Provide and maintain a central information, coordination and processing point for all employee benefit programs, including but not limited to group insurance, "tax shelter" plans, workers' compensation claims, and unemployment compensation.

(17) Develop, maintain and administer procedures for compliance with state and federal employment rules, regulations, executive orders and laws as they relate to all Town employees.

(18) The duties and functions previously performed by the Advisory Board of Review shall now be performed by the Human Resource Department. The Advisory Board of Review shall continue to perform its duties until notified in writing by the Mayor of the date when its duties shall be transferred to the Human Resource Department and on said date the Advisory Board of Review shall be dissolved.

C. Director of Human Resources.

(1) The Department shall be headed by a Director of Human Resources who shall be appointed by the Mayor and shall serve at the discretion of the Mayor and be removed pursuant to the provisions of Section 3-4 of the West Springfield Home Rule Charter. The duties and responsibilities of the Director shall be those set forth in the position's job description.

(2) The Director, subject to the approval of the Mayor, is authorized and empowered to establish a personnel code, consisting of personnel policies and regulations for the maintenance of a personnel management system based on merit in accordance with the provisions of this section and the HRC.

[1] Editor's Note: See also Charter Sec. 6-6.

§ 16-7 Park and Recreation Department.

[Added 11-5-2001 by Ord. No. 102]

A. Purpose.

(1) There is hereby established a Park and Recreation Department that shall be responsible for planning and coordinating the use of the Town's parks and recreational facilities, including school recreational facilities, and reviewing the needs of the Town for recreational facilities and activities.

(2) Priority for the use of school facilities shall be given to school activities first, then recreational activities.

(3) Priority for the use of any Town facility, as determined by the Director or his/her designee, shall be given to recreation programs first, then residents' requests, if appropriate.

B. Department. The Department shall be headed by a Director who shall be appointed by the Mayor and who may adopt rules and regulations reasonably required for the operation of the Department and its programs, subject to approval of the Mayor. The Director may hire such staff and support personnel as he/she determines to be reasonably required to perform the duties of the Department, subject to the approval of the Mayor and Town Council appropriation.

C. Cooperation. The Director shall fully cooperate with all proper requests made by the Park and Recreation Commission.

D. Consultation. The Director shall consult with the Director of the Department of Public Works and the Director of Maintenance for the School Department on a regular basis to ensure the that parks and recreation facilities are satisfactory and sufficient to meet the recreational needs of the Town. The Director of the Department of Public Works and the Director of Maintenance for the School Department shall meet with the Director to discuss said recreational needs and the condition of facilities, at his/her request.

§ 16-9 Planning and Development Department. [1]

[Added 1-16-2007 by Ord. No. 130]

A. Title: "Department of Planning and Development."

B. Purpose. The Department shall: 1) coordinate all planning and development activities of the Town so as to streamline planning, development and requests related to the same, 2) avoid undue administrative requirements in all aspects of planning and development, 3) provide assistance to private and government project applicants in obtaining and complying with local and state plans and developmental requirements, 4) be responsible for all aspects of economic development planning. The Department shall apply the above, bearing in mind that all development is to be done so as to enhance the amenities and overall quality and character of life of the persons employed or residing in the community and business and residential taxpayers of the Town.

C. Director.

(1) The Department shall be headed by a Director of Planning and Development, who shall be known as the "Director.' The Director shall be appointed by the Mayor and shall serve at his discretion and may be removed pursuant to the provisions of Section 3-4 of the Home Rule Charter (Charter). The duties and responsibilities of the Director shall be set forth in the position's job description. The Director shall have direct supervisory authority over all employees of the Department, including division heads, and shall be the administrative head of the Appeals Division, the Conservation Division and the Records Division unless, with the written approval of the Mayor, he has delegated said authority, in writing, to an employee of the Department.

(2) The Director may enact such rules and regulations as he deems necessary for the proper and efficient operations of the Department and to accomplish the purposes and objectives of the Department, subject to the approval of the Mayor. The Director may hire such staff and support personnel as he determines to be reasonably required to perform the purposes, duties and responsibilities of the Department, subject to the approval of the Mayor and appropriation.

D. Department divisions. The Department shall consist of the following divisions:

(1) Planning Division, headed by the Planning Administrator.

(2) Appeals Division.

(3) Conservation Division.

(4) Community Development Division, headed by a Community Development Administrator.

(5) Economic Development Division, headed by the Economic Development Administrator.

(6) Building Division, headed by the Building Commissioner.

(7) Records Division.

E. Planning Division.

(1) The Planning Division shall be responsible for all duties and responsibilities of planning boards required or allowed by the general law and any and all other duties and responsibilities assigned to it by ordinance, executive order or rules and regulations adopted by the Director. The Planning Division shall consist of a Planning Administrator, a five-member volunteer Planning Board and an alternate appointed pursuant to Chapter 7, § 7-27, of the Town Code, and the Building and other Facilities Planning and Construction Committee established pursuant to Chapter 7, § 7-11, of the Town Code. Copies of all records, decisions and minutes of the Division shall be filed with the Records Division. The Planning Board shall perform those duties and responsibilities given to planning boards by general laws.

(2) The Planning Administrator shall make careful studies of the resources, possibilities and needs of the Town and shall make careful plans for the development of the Town and shall inform the Capital Improvement Program Committee and Building and other Facilities Planning and Construction Committee of long-term capital needs of the Department and the Town.

(3) The Planning Board shall have, the provisions of Subsection E(1) notwithstanding, the power to regulate the development of land within the Town as set forth in Chapter 7, § 7-27, of the Town Code.

(4) The Planning Board shall report to the Town Council its recommendations for all amendments and revisions of the Zoning Ordinance and Zoning Map as is provided in MGL c. 40A, § 5.[2]

[2] Editor's Note: See Ch. 300, Zoning.

(5) The Building and other Facilities Planning and Construction Committee shall perform the power and duties set forth in Chapter 7, § 7-11, of the Town Code.

F. Appeals Division. The Appeals Division shall consist of a Board of Appeals of five members and not less than two alternates and each shall serve for three-year terms or until his successor has been appointed and qualified. The Board shall have all powers given to boards of appeals by the General Laws, ordinances, local executive orders and rules and regulations. Said appointment shall be made on the first business day of January, and said terms shall be staggered. The Appeals Division shall hear all appeals of municipal decisions in accordance with the provisions of the General Laws, including MGL c. 40A, c. 40B, c. 41, and local zoning or general ordinances, local executive orders, and rules or regulations adopted by the Director. The Division shall cause to be filed a copy of each decision with the Records Division.[3]

[Amended 12-4-2017]

[3] NOTE: The Building Code Board of Appeals, authorized by 789 CMR 122.7, is hereby dissolved and any appeals that could have been heard by it shall be appealed to the State Building Code Board of Appeals as set forth in 780 CMR 122.1. (Editor's Note: The current Massachusetts State Building Code, Ninth Edition, is based on modified versions of, among others, the 2015 International Building Code. For current Board of Appeals provisions see Ch. 1, Sec. 113, Board of Appeals, of the 2015 International Building Code.)

G. Conservation Division.

(1) The Conservation Division shall consist of a volunteer commission consisting of seven members appointed by the Mayor, pursuant to Chapter 7, § 7-15, of the Town Code and staff and support personnel pursuant to Subsection C. The Commission shall have all powers and may perform all duties and responsibilities required or allowed by the General Laws to be performed by a local conservation commission and any ordinances, local executive orders and rules and regulations adopted by the Director, including the provisions of MGL c. 131, §§ 40 and 40A. All applications and related material, minutes and decisions of the Commission shall be filed with the Records Division.

(2) The Conservation Commission is established to protect, promote and enhance the quantity and quality of the natural resources within the Town, especially wetlands, wildlife and water resources, through planning, acquisition, land management, regulation, research and public education.

(3) The Conservation Commission may receive gifts, bequests or devises of personal property or interests in real property in the name of the Town, subject to approval of the Mayor. The Conservation Commission may receive monetary gifts for development of a conservation fund, and expend the same, subject to general laws and the approval of the Mayor.

H. Economic Development Division. The Economic Development Division shall consist of an Economic Development Administrator and staff and support personnel pursuant to Subsection C. The Economic Development Administrator shall be responsible for developing, coordinating, implementing, and maintaining economic development and projects throughout the community and developing, implementing and maintaining ongoing programs, to attract new, vibrant or diverse economic developments or projects to the Town that are compatible with the Town's master plan and are economically beneficial to the Town's infrastructure. The Division is also responsible for creating a business environment which is conducive to improving investment and job creation within the community. Researching and applying for grants could further the goals and responsibilities of the Department. All records of the Division shall be filed with and maintained by the Records Division.

I. Community Development Division. The Community Development Division shall consist of a Community Development Administrator and staff and personnel pursuant to Subsection C. The Community Development Administrator shall be responsible for the development and improvement of the residential and commercial neighborhoods of the Town. The Division shall seek to create and stimulate economic development and promote safe and affordable housing, provide public improvements, create opportunity for arts and culture and deliver public services for the benefit of those in need, consistent with the Town's master plan. The Division shall research and apply for available funds, including, but not limited to, federal and state grants that further the goals and responsibilities of the Department or are deemed beneficial to the Town. All records of the Division shall be filed with and maintained by the Records Division.

J. Building Division.

(1) The Building Division shall be headed by the Building Commissioner appointed by the Mayor, and shall perform all of the duties required to be performed by the Building Commissioner and local Building Inspectors under the General Laws and the Code of Massachusetts Regulations pertaining to buildings and other structures, known as the "State Building Code," general ordinances, zoning ordinances, local executive orders and rules and regulations adopted by the Director.

(2) The Division shall be responsible for the enforcement of the provisions of the Code of Massachusetts Regulations pertaining to buildings and other structures (the State Building Code), enforcement of the zoning ordinances and investigation and enforcement of violations of general ordinances unless some other municipal department is designated as the enforcing entity. For administrative purposes, the fence viewers (MGL c. 49) shall be considered to be within the Building Division. The Building Commissioner shall be the Zoning Enforcement Officer; provided, however, he may assign so much of his duties and responsibilities as he determines to local inspectors. The Planning Administrator shall be the "Municipal Hearing Officer" and shall hear appeals of code violations of the State Building Code, 780 CMR, or the State Fire Code, 527 CMR, pursuant to the requirements of MGL c. 148A.

(3) All records of the Building Division shall be filed with and maintained by the Records Division.

K. Records Division. The Records Division shall maintain the records of all of the other divisions and of the Director. The Director shall directly oversee the operation of the Division and shall ensure compliance with the public records laws and the public posting and publication requirements for both public meetings and public hearings held by various divisions. Documents and decisions required to be filed with other departments or entities by any of the divisions shall be filed with said departments or entities by the Records Division.

L. Licenses and inspections. A coordinated and expedited procedure shall be established by the Director or his designee so that all license and permit applications filed or hearings held by the various divisions are reviewed and decisions entered so as to ensure compliance and accuracy of information and to streamline, to the extent practical, the time required for the review and final action on said applications.

M. Division appointments. The Mayor shall appoint the person(s) who shall perform the duties and responsibilities of Planning Administrator, Community Development Administrator, Economic Development Administrator and Building Commissioner. Each shall be the head of the respective division and responsible for proper operation of the division. All other divisions shall be headed by the Director unless by rules and regulations he assigns responsibility to another division head. The Director may assign any duties and responsibilities to any division head, as he deems appropriate, the provisions of the job description notwithstanding. The Director and heads of each division shall be evaluated annually by the Mayor using a procedure developed by the Human Resources Director and approved by the Mayor. All other employees of the Department shall be hired by the Director subject to approval by the Mayor. The Director or any other individual may be appointed as head of any or all divisions.

N. Special municipal employees. The members of the Conservation Commission, Planning Board, Board of Appeals and the Building and other Facilities Planning and Construction Committee shall be special municipal employees.

O. Appointments of boards or commissions. Incumbents in office on all of the boards and commissions subject to this section on the effective date of this section shall remain in office for the balance of their term, except that the end date of their current term shall be changed to the first business day of January and they shall continue beyond said date only until their successor has been appointed and qualified. The new term for said position shall begin on the first business day of January.

P. Severability. If any portion of this section is declared to be illegal or unenforceable, it shall be deemed stricken and the remaining portions shall remain in full force and effect.

[1] Editor's Note: See also Charter Sec. 6-4.

§ 16-11 School Department. [1]

[Added 11-21-2005 by Ord. No. 123; amended 9-5-2006 by Ord. No. 127; 12-22-2014 by Ord. No. 154]

A. Salaries of School Committee members.

(1) Salary amounts.

(a) Pursuant to Section 4-4 of the West Springfield Home Rule Charter, the annual salary of each member of the School Committee, excluding the Chairperson, shall be $5,000.

[Amended 11-2-2020]

(b) The annual salary of the Chairperson shall be 125% of the annual salary of a regular School Committee member.

(2) Said salaries shall be reviewed by the Town Council in each year ending in "0" and "6"; and may be reviewed in other even-numbered years by majority vote of the Council, to determine whether the compensation then being paid is appropriate.

(3) Limit. At no time shall the salary of any School Committee member, excluding the Chairperson, exceed 5% of the Mayor's salary.

B. Pursuant to Section 9-6, Paragraph 6, of the West Springfield Home Rule Charter, the salary of the Chair of the School Committee is established, provided the Chair is one of the persons elected directly by the voters as a member of the School Committee.

[1] Editor's Note: See also Charter Art. 4.

§ 16-13 Central Municipal Maintenance Department.

A. Purpose. The creation and intent of this section, in conjunction with the Charter, shall be to provide the municipality with improvement opportunities for best practices related to: organizational transition, management systems, preventative maintenance, and cost-effective service and delivery of the same.

B. Authority. This section is adopted under the authority of Section 4-5 of the West Springfield Home Rule Charter.

C. Establishment. The Town establishes a Central Municipal Maintenance Division within the Department of Public Works under the direction and control of the Director.

D. Scope. The division shall be responsible for the routine and extraordinary maintenance and upkeep of the school buildings and grounds as well as all other municipal buildings, grounds and recreational facilities.

§ 16-15 Department of Municipal Finance. [1]

[Added 1-16-2007 by Ord. No. 129]

A. Title: "Department of Municipal Finance."

B. Purpose. The purpose of this section is to establish and consolidate therein various existing municipal departments to the extent not prohibited by the General Laws of the commonwealth and the West Springfield Home Rule Charter (Charter) dealing with the fiscal, financial and information and technology systems activities of the Town, including the duties of the chief procurement officer as delegated to it by the Mayor.

C. Establishment. The Department shall be responsible for the performance of all of the fiscal and financial activities, except those by the Charter imposed upon the Town Council, and informational systems and technology activities of the Town. The Department shall assume all of the duties and responsibilities related to municipal finance activities which were performed by or under the authority of 1) the Town Accountant, 2) the Town Treasurer, 3) the Town Collector and 4) the Board of Assessors, except those by the Charter imposed upon the Town Council and 5) Information and Technology Systems Department. The Municipal Finance Department shall be headed by a Director of Municipal Finance, also referred to as the "Chief Financial Officer" (hereinafter referred to as the "Director"). The Mayor may, by written order, assign to the Director so much of the duties and responsibilities of the chief procurement officer as he determines appropriate. The Director may delegate to an employee or employees of the Department any or all of his procurement duties and responsibilities, provided said delegation is made in writing and approved in writing by the Mayor and filed in compliance with the procurement statute. The Director or his designee shall perform all activities of procurement delegated to the Department. No contract, including contracts of the School Department, shall be valid unless signed by the Director with a statement that an appropriation exists sufficient to pay all financial obligations required of the Town as a result of said contract. The Mayor shall sign all contracts, including those of the School Department, greater than $25,000. All contracts shall also be signed by the procurement officer or his designee as to compliance with the requirements of MGL Chapter 30B.

D. Scope of Department activities. The Department of Municipal Finance shall be responsible for and shall include but not be limited to the following functions:

(1) Coordination of all financial services and activities of the Town government.

(2) Maintenance of all accounting records and other financial statements for all offices and agencies of the Town government.

(3) Payment of all financial obligations on behalf of the Town.

(4) Receipt of all funds due to the Town from any source.

(5) Maintenance of all property valuation records and systems.

(6) Rendering of advice, assistance and guidance to all other Town offices and agencies in any matter relating to financial or fiscal affairs.

(7) Monitoring throughout the fiscal year of the expenditure of funds by Town offices and agencies, including the periodic reporting on the status of all accounts with recommendation concerning fiscal and financial policies to be implemented by such offices and agencies.

(8) Coordination of all financial transactions associated with the procurement of all goods, supplies and materials by Town offices and agencies.

(9) Coordination of usage of computers (both networked and standalone) and the central data processing system in accordance with overall Town-wide data processing priorities and develop, maintain and upgrade as necessary the specific application needs of user departments.

(10) Development and oversight of specialized computer transfer of data maintained by other parties which needs to be downloaded or uploaded to computer files on Town systems so the same can be read and utilized.

(11) Development and implementation of educational and support programs for computer system users; training of staff in the use of computers and software applications.

(12) Recommend appropriate hardware and/or software to meet the operating and information needs of the departments; assure that proper documentation is maintained on all programs and systems.

(13) Coordination of efforts of users to build, expand, and/or apply GIS and related databases.

(14) Development and enforcement of data standards and procedures that will promote a GIS resource base that can be confidently incorporated into the Town-wide applications by users and develop protocols to optimize the utility of GIS resources.

(15) Coordination of all municipal data and voice systems.

E. Director of Municipal Finance.

(1) The Department shall be headed by a Director who has the education, experience and training to perform the duties of the office. The Director shall be appointed by the Mayor and shall serve at the Mayor's discretion and may be removed pursuant to Section 3-4 of the Charter. The duties and responsibilities of the Director shall be set forth in the position's job description. The Director shall have direct supervisory authority over all employees of the Department, including division heads; provided, however, said Treasurer, Collector, Town Accountant, Principal Assessor and Administrator of Information and Technology Systems shall have such powers and duties as may be vested in those offices expressly by general or special law, but shall otherwise report to and be under the direction and supervision of the Director.

(2) The Director, subject to the approval of the Mayor, is authorized and directed to establish a comprehensive system of Department administration to ensure the efficient and effective delivery, coordination and oversight of all fiscal and financial duties and responsibilities of the Department in accordance with all federal and state laws, Town ordinances, rules and regulations. The Director may enact rules and regulations he deems necessary for the proper and efficient operations of the Department, subject to the written approval of the Mayor.

F. Department divisions. The Department shall consist of the following divisions:

(1) Collector-Treasurer Division, headed by the Collector-Treasurer;

(2) Accounting Division, headed by the Town Accountant;

(3) Assessing Division, headed by the Principal Assessor; and

(4) Information and Technology Systems Division, headed by the Administrator of Information and Technology Systems.

G. Collector-Treasurer Division.

(1) The Collector-Treasurer Division shall perform all duties and responsibilities currently performed by the Collector's Department and the Treasurer's Department and any and all other duties and responsibilities assigned to it by ordinance, local executive order or rules and regulations adopted by the Director.

(2) The Division shall be headed by a Collector-Treasurer, who shall receive and take charge of all money belonging to the Town, and it shall collect all accounts due to the Town. Upon receipt of a tax list and warrant from the Board of Assessors, the Collector/Treasurer shall collect the taxes and make a return thereon to the Board of Assessors. The Collector-Treasurer shall, according to the orders of the various department heads or the Mayor, make all disbursements of funds on behalf of the Town. Except as otherwise provided, the Collector-Treasurer shall have all of the powers, duties and responsibilities that are given to city collectors and to city treasurers by general law or assigned in writing by the Director.

(3) There shall be established the positions of Deputy Collector and Deputy Treasurer, who shall act as the head of the Treasurer's office or the Collector's office respectively when the Collector-Treasurer is unavailable, and each shall have all of the powers and responsibility of said Collector or Treasurer during his absence. In addition, said deputies shall be responsible for aspects of collective bargaining matters, in their respective offices, dealing with the review of the collective bargaining agreements for changes that will be beneficial to the operation of their respective offices, they shall be part of the Town's bargaining team when the collective bargaining agreements are negotiated or modifications are requested and they shall handle all grievances and other labor matters involving the enforcement and/or interpretations of the collective bargaining agreements arising out of their respective offices, subject to review by the Director, as the department head, as set forth in said agreement(s). The deputies shall, for the purposes of union grievances and other matters involving the enforcement and/or interpretation of the collective bargaining agreement, be considered the division head for matters involving employees of their respective offices.

(4) Said deputies shall be bonded before assuming their duties.

(5) Upon the retirement or termination of employment of the current Parking Clerk, the Director shall designate or appoint a Parking Clerk (MGL c. 90, § 20A 1/2). The Parking Clerk shall supervise and coordinate the processing of parking notices in the Town (c. 90, §§ 20A through 20E) and shall be a part of the Collector-Treasurer Division and under the direct supervision of the Deputy Collector unless the Director determines otherwise.

H. Accounting Division.

(1) The Accounting Division shall perform all duties and responsibilities currently performed by the Accounting Department as required or allowed by the General Laws and any and all other duties and responsibilities assigned to it by ordinance, local executive order or rules and regulations adopted by the Director and shall be responsible for, but not limited to, the following:

(a) The maintenance of accounts for all financial transactions of the Town;

(b) The preparation of payrolls;

(c) The preparation of warrants for payment of all bills of the Town;

(d) The preparation of periodic reports on the status of departmental receipts and expenditures;

(e) The maintenance of central grant and contract files;

(f) The maintenance of all special accounts, gifts, trusts, all revolving funds and enterprise funds and any other monies;

(g) Departmental audits as requested by the Mayor.

(2) The Accounting Division shall be headed by the Town Accountant, who shall assist all Town agencies in keeping the books and accounts of all offices and agencies entrusted with the custody or expenditure of money. The Division of Accounting shall provide the Auditor/Budget Analyst (hereinafter "Auditor") appointed by the Town Council with free access to all of its books, accounts, bills, vouchers and other records of financial transactions as may be necessary for the performance of the auditing and oversight function of the Town Council. The Accountant may require the Auditor and his employees to sign confidentiality agreements. The Division of Accounting shall at least once in each fiscal year verify the cash balances of all Town offices and agencies by actual count of the case and by reconciliation of bank balances. The Division of Accounting shall prepare all warrants for the expenditure of Town funds before any payments made by the Division of Collection and Treasury Management. Except as otherwise provided, the Town Accountant shall have all of the other powers, duties and responsibilities that are given to town accountants and town auditors by the general law. The Accountant shall report matters of fraud, waste, improper or illegal activity to the Mayor.

(3) There shall be established the position of Deputy Accountant, who shall act as the Accountant when the Accountant is unavailable and shall have all of the powers and responsibilities of said Accountant during his absence. In addition, said deputy shall be responsible for aspects of collective bargaining matters, in the Accounting Division, dealing with the review of the collective bargaining agreements for changes that will be beneficial to the operation of their division, he shall be part of the Town's bargaining team when all collective bargaining agreements are negotiated or modifications are requested and he shall handle all grievances and labor matters involving the enforcement and/or interpretations of the collective bargaining agreements arising out of the Accounting Division, subject to review by the Director, as the department head. The deputy shall, for the purposes of union grievances and other matters involving the enforcement and/or interpretation of the collective bargaining agreement, be considered the division head.

I. Assessing Division.

(1) The Assessing Division shall consist of a Principal Assessor and a Board of Assessors as set forth in Chapter 7, § 7-7, of the Town Code. The Assessing Division shall perform all duties and responsibilities currently performed by the Assessors Department as required or allowed by the General Laws and any and all other duties and responsibilities assigned to it by ordinance, local executive order or rules and regulations adopted by the Director.

(2) The Principal Assessor shall have all the powers, and perform the duties of assessors in cities and towns in accordance and in compliance with the general laws, except those responsibilities that are given herein to the Board of Assessors. The Principal Assessor shall review every application for exemption or abatement of taxes and shall report his findings to the Board of Assessors.

(3) It shall be the duty of said Board of Assessors to review the findings of the Principal Assessor on applications for exemptions or abatements of taxes, and to grant or deny all such applications after such hearing as said Board of Assessors deems proper and to make recommendations regarding the annual tax rate.

(4) The Assessing Division shall be responsible for, but not limited to, the following:

(a) Establishing the valuation of all real and personal property;

(b) Maintaining records substantiating all assessments made;

(c) Preparing and issuing commitments for the collection of property taxes and motor vehicle excise taxes by the Office of the Collector;

(d) Acting on abatement and exemption applications filed with it and defending the Town in valuation proceedings before the Appellate Tax Board.

J. Information and Technology Systems Division. The Information and Technology Systems Division shall perform all duties and responsibilities currently performed by the Informational and Technology Systems Department, including all GIS functions and any and all other duties and responsibilities assigned to it by ordinance, local executive order or rules and regulations adopted by the Director. The division shall be headed by the Administrator of Information and Technology Systems. The Administrator shall be responsible for maintaining and upgrading the Town's computers, data storage and transfer capabilities as well as the Town's voice and electronic communication systems and the GIS system and upgrades of the same. The Administrator shall also be responsible for coordinating and approving all purchases of computers and related or associated equipment and training for all employees.

K. Division appointments.

(1) The Mayor shall appoint the persons who shall perform the duties and responsibilities of the Collector/Treasurer, Town Accountant, Principal Assessor and the Administrator of Information and Technology Systems and such other duties and responsibilities as may be assigned to them by the Director. They shall be the heads of their respective division and each shall be responsible for the proper operation of his division.

(2) All other employees of the Department of Municipal Finance shall be hired by the Director, subject to the approval of the Mayor. Any qualified person, including the Director, may be appointed as a division head, provided that no one person shall, at the same time, perform the duties and responsibilities of Accountant and either Treasurer, Collector or Treasurer-Collector.

(3) The Mayor shall perform an annual review of the Finance Director, Accountant, Collector-Treasurer, Principal Assessor and Information and Technology Administrator using a procedure developed by the Human Resources Director and approved by the Mayor.

L. Severability. If any portion of this section is declared to be illegal or unenforceable, it shall be deemed stricken and the remaining portions shall remain in full force and effect.

[1] Editor's Note: See also Charter Sec. 6-3.