(a)
The organization of the City 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.
(b)
Ordinances. Subject only to express prohibitions in a general law
or the provisions of this Charter, the City Council may, by ordinance,
reorganize, consolidate, create, merge, divide or abolish any City
agency, in whole or in part; establish such new City 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
City agency may be discontinued, or assigned to any other City agency,
unless this Charter specifically so provides.
(c)
Administrative Code. The Mayor may from time to time prepare and submit to the City Council plans of organization or reorganization which establish operating divisions for the orderly, efficient or convenient conduct of the business of the City. 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 City 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 City Council unless the City Council shall, within said 60 days, by a majority vote, vote to disapprove the plan. The City 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 City agency, in whole or in part; establish such new City agencies as is deemed necessary to the same extent as is provided in Subsection (b), 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 City, transfer the appropriation of one City agency to another; provided, however, that no function assigned by this Charter to a particular City agency may be discontinued or, assigned to any other City 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.
All appointments and promotions of City officers and employees
shall be made on the basis of merit and fitness demonstrated by examination,
or by other evidence of competence and suitability.
(a)
Establishment, scope. There shall be a Department of Municipal Finance
responsible for the performance of all of the fiscal and financial
activities of the City. The Director of Municipal Finance shall assume
all of the duties and responsibilities related to municipal finance
activities which prior to the adoption of the Home Rule Charter were
performed by or under the authority of the City Accountant, the City
Treasurer, the City Collector, and the Board of Assessors; and it
may have such additional powers, duties and responsibilities with
respect to municipal finance related functions and activities as the
City from time to time provide, by ordinance. So much of the powers
of a chief procurement officer which the Mayor does not personally
exercise, shall be assigned to the Department of Municipal Finance.
All activity by the Mayor acting as a Chief Procurement Officer shall
be processed through the Department of Municipal Finance.
(b)
Director of Municipal Finance. The Department of Municipal Finance
shall be under the direct control and supervision of a Director of
Municipal Finance who shall be appointed by and who shall be responsible
to the Mayor. The Mayor shall also appoint the person, or persons,
performing the duties of City Collector and City Treasurer. The Director
of Municipal Finance shall be a person especially fitted by education,
experience and training to perform the duties of the office. The Director
of Municipal Finance shall be responsible for the supervision and
coordination of all activities of the Department of Municipal Finance
in accordance with General Laws, City bylaw, Administrative Code and
rules and regulations. The Director of Municipal Finance shall serve,
as the Mayor may from time to time specify, as the City Treasurer,
City Collector, Treasurer-Collector or City Accountant.
(a)
Establishment, scope. There shall be a Department of Planning and
Development responsible for the coordination of all the planning and
development related activities of the City. The Director of Planning
and Development shall be responsible for the coordination of all of
the duties and responsibilities related to planning and development
activities which prior to the adoption of the Home Rule Charter were
performed by or under the authority of the Planning Board, Board of
Appeals, and the Conservation Commission; and it may have such additional
powers, duties and responsibilities with respect to the coordination
of planning and development related functions and activities as the
City may from time to time provide, by ordinance, and which may include
the coordination of all land acquisition and land management proposals,
economic development planning, the preparation of a comprehensive
or master plan and maintenance of a centralized source of records,
reports, statistical data and other planning and development related
materials.
(b)
Director of Planning and Development. The Department of Planning
and Development shall be under the direct control and supervision
of a Director of Planning and Development who shall be appointed by
and who shall be responsible to the Mayor. The Director of Planning
and Development shall be a person especially fitted by education,
experience and training to perform the duties of the office. The Director
of Planning and Development shall be responsible for the supervision
and coordination of all activities of the Department of Planning and
Development in accordance with General Laws, City ordinances, Administrative
Code and rules and regulations.
The Mayor may appoint an Assistant for Economic Development
and Marketing for an indefinite period term whose function it is to
promote the economic development and marketing of the City of Greenfield
in accordance with the direction of the Mayor.
There shall be a Department of Central Maintenance consistent
with the Central Maintenance Committee's recommendations as provided
by ordinance.
(a)
Compensation, mode of appointment and term of office. There shall
be a Planning and Construction Committee (which may be referred to
as the "Planning and Construction Committee") consisting of seven
members. Six of the Committee members shall be appointed by the Mayor
for terms of three years each so arranged that the term of two members
shall expire each year. In making appointments to the Committee, the
Mayor shall seek persons having experience in the fields of architecture,
engineering, construction, real estate, or law. The seventh member
of the Committee shall be designated, annually, by the School Committee
and may, be a member of the School Committee.
(b)
Powers and duties. The Planning and Construction Committee shall
be responsible for monitoring the physical condition of all municipal
buildings and other facilities. The Committee shall meet from time
to time with representatives of municipal agencies to evaluate the
need for additions, renovations, or remodeling of any existing building
or facility or for the construction of new buildings or other facilities.
The Committee shall file written reports, at least annually, with
the Mayor in which, it shall make recommendations as to the need for
any project or projects.
Whenever any construction work on any municipal building or
other facility is authorized, the Planning and Construction Committee
shall be responsible for all work in connection with the project including
site planning, surveying, engineering studies, architectural plans
and specifications and the supervision of construction.
(a)
Establishment, scope. There shall be a Department of Human Resources,
which shall be responsible for all personnel and employee-related
functions and activities of the City government and its administration.
The Department of Human Resources shall assume all of the duties and
responsibilities related to human resources activities which, prior
to the adoption of the Home Rule Charter, were performed by or under
the authority of the City Accountant, the City Treasurer, and the
heads of City agencies; and it may have such additional powers, duties
and responsibilities with respect to human resources related functions
and activities as the City may from time to time provide, by ordinance.
The Department of Human Resources may, at the request of the School
Committee, perform any of the same services for employees of the School
Department as it provides for City employees generally.
The functions of the Department of Human Resources shall include
the following:
1.
Plan, administer and direct all phases of all municipal personnel
plans and collective bargaining agreements, including job description,
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.
2.
Develop new and revised personnel policies and practices to maintain
and keep current the existing high standards for municipal personnel.
3.
Review and evaluate all requests for new or additional personnel
made by City agencies and make recommendations to the Mayor.
4.
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.
(b)
Director of Human Resources. The Department shall be headed by a
Director of Human Resources appointed by the Mayor and who shall be
responsible to the Mayor. The Director of Human Resources shall be
a person especially fitted by education, experience and training to
perform the duties of the office. The Director of Human Resources
shall be responsible for the supervision and coordination of all activities
of the Department of Human Resources in accordance with General Laws,
City ordinances, Administrative Code and rules and regulations.
(a)
There shall be a Board of License Commissioners which shall have the power to issue licenses for inn-holders or common victuallers, have the powers of a Licensing Board appointed under MGL c. 138, § 4, 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.
(b)
The Board of License Commissioners shall consist of five voters appointed
by the Mayor for terms of three years, beginning on the first business
day of July. 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.
There shall be a Board of Recreation Commissioners consisting
of five members and two alternates appointed by the Mayor and approved
by the City Council, serving staggered three-year terms. The Board
of Recreation Commissioners shall act in an advisory capacity to the
Mayor. Any vacancy of a regular member of the Recreation Commission
shall be filled by the appointment of an alternate member by the Mayor.
(a)
There shall be a Public Safety Commission consisting of five members, all of whom shall be residents and registered voters of the City, appointed by the Mayor subject to provisions of Section 2-10.
(b)
At the first meeting in each fiscal year, the Commission shall elect
a Chairperson, Vice Chairperson and Secretary and the Secretary shall
keep a record of its meetings.
(c)
The members shall serve three-year staggered terms. Commission members
shall serve without compensation.
(d)
Powers and duties. The Commission shall assist the Mayor in the supervision
and oversight of the Police and Fire Departments, including the coordination
of the administration of both departments with one another, and with
other City departments and agencies by making recommendations to the
Mayor concerning:
1.
Setting priorities within said departments;
2.
The annual operating budgets of both departments, after the Mayor
and Commission have met with the chiefs to discuss the proposed budgets;
3.
The capital budget requests of both departments, after the Mayor
and the Commission have met with the chiefs to discuss the requests,
provided, however, that Commission members may only inspect the departments
on an annual basis in connection with the budget review or in relation
to a written complaint from the public. (Inspections shall be made
only after approval from the chief has been obtained to insure it
will not unduly disrupt department operations.)
4.
Final interviews for appointments and promotions of officers and
employees, in the Police and Fire Department, shall be conducted by
the Commission and the chief. The chief shall submit his recommendations
to the Commission and the Commission, if it does not agree with said
recommendations, shall submit written reasons for not concurring with
said recommendations to the Mayor. Appointments and promotions of
public safety personnel shall be made in accordance with collective
bargaining agreements and applicable General Laws, and local hiring
policy requirements as defined by the Mayor, respectively.
(e)
The Commission shall review written complaints made by the public
concerning:
The operation of the Police and Fire Departments, and the conduct
of employees of both departments.
All written complaints received shall be forwarded to the chief
of the department to which they relate and the chief shall investigate
or cause to be investigated said complaints and submit his findings
and recommendations, in connection therewith, that he deems appropriate.
The Commission shall adopt such rules and regulations, consistent
with this ordinance, the civil service statute and police and fire
collective bargaining agreements, as it deems necessary to establish
procedures to be followed in filing of written complaints by the public,
investigating complaints and holding hearings concerning complaints
made to it regarding the operation of the Police or Fire Department
and the conduct and officers and employees of each department. Citizen
complaints shall be considered part of the employee's personnel
file.
The Commission shall apply the principle of progressive discipline,
except those instances where more severe punishment is warranted.
(f)
Meetings.
1.
The Commission shall meet on a regular basis.
2.
Special meetings may be called by the Mayor, Chairman of the Commission
or majority vote of the Commission.
3.
Minutes shall be kept of all public meetings.
4.
The Commission may establish its own rules of procedure including
those governing the conduct of its meetings.
(g)
In the event of a vacancy, the Mayor shall make an appointment for the balance of said term subject to City Council approval pursuant to Section 2-10.
(h)
No member of the Commission shall be an employee of the Police Department
or Fire Department, nor shall any member of his or her family be an
employee or retired member of the Police or Fire Department within
60 months of his or her retirement date.
"Family member" shall mean father, mother, spouse, child, stepchild,
grandchild, brother, sister, brother-in-law, sister-in-law, nephew,
and niece.
(i)
Commission members shall be special municipal employees.
(a)
There shall be a Board of Trustees of the Greenfield Public Library
which shall consist of seven persons appointed by the Mayor, with
approval by the City Council, for a term of three years so arranged
that the terms shall be staggered.
(b)
The Board of Trustees of the Public Library shall set policies that
affect the internal operations of the Library. The Board shall have
the custody and management of the Library and reading rooms and of
all property, including Library trust funds, of the City Library devoted
to Library purposes, subject to the following conditions: all funds
raised or appropriated by the City for the support and maintenance
of the Library shall be expended under the direction of the said Board
subject to the approval of the Mayor. The Mayor, Library Director,
and the Chairperson of the Library Trustees shall consult each other
prior to the submission of the Library budget to the Mayor for appropriation.
(c)
The Mayor shall, in addition, have the following powers and duties
to appoint the Director upon the recommendation of the Board of Trustees
and such Director shall be in charge of the day-to-day operations
of the Library, subject to the personnel policies of the City and
the Direction of the Board of Trustees.
(d)
The Director shall, in addition, have the following powers and duties:
1.
To appoint all other officers and employees connected with the Library
upon the approval of the Mayor within the limits established by collective
bargaining agreements or otherwise, to fix their salaries, define
their duties, make rules concerning their tenure of office and to
discharge them.
2.
To make all reasonable rules and regulations for the operation and
management of the Library in consultation with the Mayor.
(e)
The Board of Trustees of the Public Library shall, in all matters
of general municipal policy and procedures, be subject to policy directives
designed to achieve uniformity and better administrative control as
may from time to time be issued by the Mayor. Responsibility for the
ordinary maintenance of library buildings and grounds may be transferred
to a City Central Maintenance Department by ordinance adopted by the
City Council. The Board of Trustees of the Public Library shall have
all the other powers and duties as may be provided by General Law,
by Charter, by ordinance or otherwise.
(a)
There shall be a Zoning Board of Appeals consisting of five members
and two alternates appointed by the Mayor, approved by City Council
for staggered terms of three years.
(b)
The Zoning Board of Appeals shall have all powers which are conferred
on zoning boards of appeal by the General Laws and such additional
powers and duties as may be provided by this Charter, by ordinance
or otherwise.
(c)
Any vacancy of a regular member of the Zoning Board of Appeals shall
be filled by the appointment of an alternate member by the Mayor.
(a)
There shall be a Board of Assessors consisting of three members,
one appointed by the Mayor for an indefinite term, who would act as
"chief assessor" and two elected at large by the voters, for staggered
terms of four years.
(b)
The Board of Assessors shall have all powers which are conferred
on boards of assessors by the General Laws and such additional powers
and duties as may be provided by this Charter, by ordinance or otherwise.
(c)
Unless otherwise provided by law, the Assessor appointed by the Mayor
shall be a full-time employee of the City and entitled to all the
benefits occasioned thereby. The compensation of each Assessor shall
be determined by bylaw.
(d)
Term of office. The term of office for all elected members of the
Board of Assessors shall be four years each, with staggered terms,
beginning on the first business day of January after the City election
and until the member's successor has been qualified.
(a)
There shall be two City Constables appointed by the Mayor for a term
of three years.
(b)
City Constables shall have all those powers granted to them by the
General Laws and shall perform whatever duties authorized by law at
the request of the Mayor.
(c)
City Constables shall be paid an annual salary as voted by ordinance.
(a)
There shall be a Board of Health consisting of three members appointed
by the Mayor for a staggered term of three years, one of whom shall
be a physician or a licensed qualified health care professional.
(b)
The Board of Health shall have all those powers of all other boards
of health in this Commonwealth and all powers provided by the General
Laws and whatever powers are granted to it by the City Council.
(a)
There shall be a Council on Aging consisting of not less than three
nor more than 15 members, appointed by the Mayor for staggered three-year
terms.
(b)
The Council on Aging Director or designee shall consult with the
Mayor prior to submission of the Council on Aging budget to the City
Council for appropriation.
(c)
The Council on Aging shall, in addition, have the following powers
and duties: to select and submit to the Mayor for appointment the
candidate to serve as Director of the Council on Aging who shall be
charged with the day-to-day administration of the Senior Center, subject
to the personnel policies of the City, the direction of the Mayor,
and the ordinances and policies of the Council on Aging.
(d)
The Council on Aging shall have management of the Senior Center.
The Director shall, in addition, have the following powers and duties:
to hire all employees of the Senior Center, subject to the approval
of the Mayor and within the limits established by collective bargaining
agreements or otherwise; to define their duties; and to make recommendations
for discharge.
(e)
The Council on Aging shall have all other powers and duties as may
be provided by all other applicable laws or otherwise granted by the
City Council.
(a)
The City Attorney shall be appointed by the Mayor for an indefinite
term.
(b)
The City Attorney shall be a member in good standing of the Bar of
the Commonwealth of Massachusetts and shall have sufficient experience
and training in municipal law to represent the City in connection
with its municipal affairs and before the courts of this Commonwealth
and the United States.
(c)
The City Attorney shall receive an annual salary and other benefits
and allowances for expenses as voted by the City Council.
(d)
He/She shall not represent any corporation, individual, business,
committee, authority, board or political subdivision of any kind or
description which contracts with or has any direct or indirect connection
with the City. The Mayor may, upon complete disclosure by the City
Attorney of his/her intent to represent any individual, corporation
or entity, allow such representation provided the Mayor grants such
permission in writing, a copy of which shall be filed with the City
Clerk and shall be deemed a public record.
(e)
Nothing in this section shall prevent the Mayor from retaining other
counsel in order to represent the City from time to time as the Mayor
deems appropriate.
(a)
There shall be a Planning Board consisting of seven members; five
members and two alternates appointed by the Mayor, with approval by
City Council, serving staggered three-year terms.
(b)
The Planning Board shall have all powers which are conferred on planning
boards by General Laws and such additional powers and duties as may
be provided by this Charter, by ordinance or otherwise.
(c)
Any vacancy of a regular member of the Planning Board shall be filled
by the appointment of an alternate member by the Mayor.
(a)
There shall be a Conservation Commission consisting of five members
appointed by the Mayor, with approval by City Council, serving staggered
three-year terms.
(b)
The Conservation Commission shall have all powers which are conferred
on conservation commissions by General Laws and such additional powers
and duties as may be provided by this Charter, by ordinance or otherwise.
(c)
Any vacancy of a regular member of the Conservation Commission shall
be filled by the appointment of a new member by the Mayor.
(a)
At the election, the voters shall, in every year when the terms of
officers referred to herein expire, elect the following City officers
for the following terms: three trustees of the A.K. Warner Trust for
a term of two years; three trustees of the Jennie L. Bascom Education
Fund for a term of two years; one elector under the Will of Oliver
Smith for a term of two years; and such other officers as required
by law to be elected.
(b)
Any vacancy to the above-named elected offices shall be filled by
the remaining members of the particular office and the Mayor at a
joint meeting appointing an individual who shall serve until the next
annual election.
(a)
There shall be a Cable Advisory Board consisting of three regular
members, and two alternates, appointed by the Mayor, with City Council
approval, serving staggered three-year terms.
(b)
Any vacancy of a regular member of the Cable Advisory Board shall
be filled by the appointment of an alternate member by the Mayor.
(a)
There shall be a Mayor's Task Force Against Domestic Violence to advise the Mayor with regard to the formation of public policy on domestic violence. The task force shall consist of seven members, three of whom shall be appointed by the Mayor with review by the City Council as provided in Section 2-10, and four of whom shall be appointed as provided in Subsection (c).
(b)
In making the mayoral appointments, the Mayor shall seek persons
who are: (i) experienced in the field of youth services; (ii) members
of women's and men's advocacy groups; (iii) mental health
providers; (iv) probation officers in the district or superior court
system; and (v) medical professionals on the staff at the Franklin
Medical Center. The three members to be appointed by the Mayor shall
serve for terms of three years.
(c)
The remaining four members of the committee shall include: (i) a
police officer designated by the Chief of Police; (ii) a representative
of the Franklin County District Attorney's Office designated
by the Franklin County District Attorney; (iii) the Mayor or the Mayor's
designee; and (iv) a City Councilor designated by the City Council
President. The four remaining members shall serve for terms of two
years.
(d)
At least four members of the task force shall reside in the City
of Greenfield. The Committee shall meet at least twice annually and
shall provide its members with notice of the meetings at least 15
days in advance of such meetings.
(e)
The Committee shall select a chair by majority vote of the members
at a meeting duly called for that purpose.
(f)
The terms of all of the members shall be so arranged so that at least
two of the members' terms shall expire each year.
