[HISTORY: Adopted by the City Council of
the City of Haverhill as part of Ch. 2 of the 1963 City Code (Ch.
2, Art. I, of the 1980 Code). Amendments noted where applicable.]
Annually, or at such longer intervals as are in § 3-10 specifically stated and provided, and on such days or during such months of each year as are in that section particularly specified, the Mayor shall appoint, unless otherwise provided by law or ordinance, all such municipal officers as are named in that section, and, the Mayor shall annually, or at such other intervals as may be lawful, appoint such further municipal officers as may be required by law, ordinance or the provisions of gifts, wills and trusts to be appointed by him.
[Amended 7-10-2007 by Doc. 76]
All subordinate offices and positions in the municipal service, election or appointment to which is not provided for under the provisions of §§ 3-1 and 3-10, shall, unless otherwise provided for by a law or ordinance, be filled by appointment by the officer, board or commission in direct charge and control of the department or subdepartment to which such offices or positions belong, subject to approval by the Mayor; but, nothing herein contained shall be construed as authorizing any officer, board or commission in charge and control of any department or subdepartment to increase or add to the existing number of employees thereof, or to create any new office or position therein, without being specifically authorized thereunto by the Mayor or the City Council.
All appointments or elections to or vacancies
in any municipal office or service classified under the provisions
of the civil service laws or regulations shall be made or filled in
the manner provided by such civil service laws and regulations.
The City Council shall, by a majority vote,
fix the compensation of any and all subordinate officers, employees,
servants or agents of the City whose compensation is not otherwise
fixed or established by law or ordinance.
[Amended 7-10-2007 by Doc. 76]
A vacancy in any office, occasioned by death,
resignation, removal or otherwise, shall, unless specific provision
therefor is otherwise made, be filled in the manner provided for the
original appointment to such office and, in all cases of officers
or service not classified under the provisions of the civil service
laws or regulations, only for the balance of the unexpired term. Unless
otherwise provided by law or ordinance, in case any officer is temporarily
disabled from performing the duties of his office, the appointing
officer or board may fill the vacancy thus created by an appointment
pro tempore, subject to approval by the Mayor.
Every officer appointed to office by the Mayor,
or by any other duly authorized board or officer, whether or not such
appointment is for a specified term, shall, unless sooner removed,
hold his office until his successor is elected or appointed and qualified,
except when such office shall be officially discontinued.
Any officer appointed by the Mayor may be removed
at any time by the Mayor.
All subordinate executive and administrative
officers appointed by the Mayor shall be sworn to the faithful discharge
of their respective duties, and certificates of their oaths shall
be made and kept in the office of the City Clerk, and full records
of their official transactions, to be open to public inspection, shall
be kept by such officers.
The City Council may from time to time, upon
recommendation of the Mayor and subject to the provisions of general
or special law, adopt or create any board or office authorized by
statute and not already provided for by this Code; but, all such boards
or offices hereafter created or adopted by or for the City shall be
so created or adopted only by order or ordinance.
The following shall be the order and time of
appointment of the subordinate City officers named therein:
A.
On the first Monday in the month of January, annually:[1]
(1)
One member of the Assessor of Taxes for a term of
three years.
[1]
Editor's Note: Original § 2-10A(1)
of the 1980 Code, re: member(s) of the Board of Public Welfare, which
immediately followed this lead-in paragraph, was deleted 7-10-2007
by Doc. 76.
B.
During the month of January, annually:
[Amended 9-21-1982 by Doc. 176; 7-10-2007 by Doc. 76]
(1)
A member of the Board of Health for a term of three
years to serve from the first Monday of the following February.
(2)
A Treasurer for a term of one year, and a Collector
of Taxes for a term of one year.
(3)
A City Solicitor for a term of one year.
(4)
A City Messenger for a term of one year.
(5)
A Mayor's Secretary for a term of one year.
(6)
A Lock-Up Keeper for a term of one year.
(7)
A Soldiers' Relief and Burial Agent for a term of
one year.
(8)
A Forest Warden for a term of one year. (Subject to
approval of the Commissioner of Environmental Management or designee.)
(9)
A Tree Warden for a term of one year.
(10)
A Superintendent for the Suppression of Gypsy and
Brown-Tail Moths for a term of one year. (Subject to approval of the
Commissioner of Environmental Management or designee.)
(11)
Two or more Fence Viewers for a term of one year.
(12)
One or more Poundkeepers for a term of one year.
(13)
One Chief Procurement Officer for a term of two years.
C.
During the month of February, annually:
(1)
An Assistant City Solicitor for the term of one year,
who shall be recommended in writing by the City Solicitor to the Mayor
before the first of February of each year. If the Mayor fails to appoint
upon the recommendation provided above before the last Tuesday in
February, he may appoint without such recommendation.
D.
During the month of February or March, annually:
(1)
A registrar of voters for a term of three years.
E.
During the month of March, annually:
(1)
The nomination of one or more Inspectors of Animals
for a term of one year, which nomination shall be sent to the State
Commissioner of Animal Industries for approval. [2]
[2]
Editor's Note: Original § 2-10F
of the 1980 Code, re: appointments during the month of April, which
immediately followed this subsection, was deleted 7-10-2007 by Doc.
76.
F.
On or before the first Monday of the month of May,
annually:
(1)
One or more members of the Municipal Planning Board
for a term of five years.
G.
On or before the first Monday in the month of June:
(1)
In the year 1920, and every second year thereafter,
a member of the Board of License Commissioners, for a term of six
years.
H.
On or before the first Monday in July:[3]
(1)
An Inspector of Buildings in accordance with MGL c.
143, § 6.
(2)
One or more Trustees of Soldiers' Memorial.
[3]
Editor's Note: Original § 2-10I(1)
of the 1980 Code, re: appointment of a City Marshal, which immediately
followed this lead-in paragraph, was deleted 7-10-2007 by Doc. 76.
I.
On or after July 15 and not later than August 15,
annually:
(1)
One Warden, one Deputy Warden, one Clerk, one Deputy
Clerk, four Inspectors and four Deputy Inspectors for each voting
precinct in each City ward for a term of one year.
[Amended 7-10-2007 by Doc. 76]
The Treasurer and Collector of Taxes, the City
Clerk, the Assistant Treasurer and Deputy Collector of Taxes, the
Chief of Police and all other officers and employees of the City entrusted
with the receipt, custody or disbursement of money shall, before entering
upon the duties of their respective offices, give bonds for the faithful
discharge of their duties.
The bonds of all City officers and employees
who are hereby required to be bonded shall be accompanied by a surety
or sureties. All bonds shall be approved by the City Solicitor as
to form, and the respective amounts thereof shall be determined, unless
otherwise fixed by law or ordinance, and the respective sureties thereon
shall be approved by the City Council. The premiums or expense of
or for any such bond may be paid by the City.
[Amended 7-10-2007 by Doc. 76]
The City Clerk shall be the custodian of the
bonds of all City officers except that of the City Clerk, which shall
be in the custody of the Treasurer and Collector of Taxes.
[Added 7-10-2007 by Doc. 76]
A.
There shall be established an Archives for the City
of Haverhill.
B.
The Archives shall be located in City Hall and be
under the supervision of the Auditor of Accounts.
C.
Said Auditor of Accounts shall be responsible for
the formulation and implementation of policies and procedures for
the effective organization and management of the Municipal Archives
in a manner consistent with all existing laws and ordinances. This
shall involve the identification, organization, protection, preservation,
presentation and retrieval of all such records.
[Added 9-13-2022 by Doc. 109]
A.
Purpose: M.G.L. Chapters 61, 61A, and 61B provide tax relief for
owners of forestland, farmland, and recreational land respectively.
When a landowner intends to convert such land, or any part thereof,
to other uses, the City has a right of first refusal. The procedure
detailed in this section is not inclusive of all the provisions of
applicable laws, but is intended to provide a process which promotes
consistency, transparency, and fairness when a landowner intends to
convert such land. The procedure is intended to provide all stakeholders
with an opportunity to review relevant materials, provide for public
participation in the process and for the Mayor and City Council to
make a fully informed decision on behalf of the City.
B.
When the Mayor, City Council or any other municipal officer or board
receives a notice of intent ("notice") to sell Chapter 61, 61A, or
61B land for, or convert such land to, residential, industrial, or
commercial use, the following procedure will be followed:
(1)
The City Solicitor will review the notice of intent to make sure
the notice is proper and complete and shall notify the Mayor and City
Council of his/her findings within five business days of receipt.
(2)
If the notice of intent is determined to be insufficient, within
30 days of receipt of the notice, the City Solicitor will notify the
landowner in writing that the notice is insufficient, does not comply,
and that no 120-day period has begun. If the notice is proper and
complete, the City Solicitor will notify the landowner of such.
(3)
The Assessor, Conservation Commission, Planning Department, Water
Department and any other department, board or commission deemed necessary
are hereafter referred to as the City entities. The City Clerk shall
provide copies of a bonafide notice by email to the City entities
and request that they review and respond to the City Clerk in writing
to the notice within 10 business days with a written recommendation
as to whether the land in question is viewed by that entity as valuable
and necessary to the City and, if so, why.
(4)
A City entity may request additional time to provide feedback, but
in no instance shall the deadline to provide feedback be longer than
30 days from the initial date of notice.
(5)
The City Clerk shall forward to the Mayor and City Council the responses
from all City entities.
(6)
The Mayor and the City Council, jointly, have the sole authority
to decide whether to exercise the right of first refusal either by
exercising the option directly or by assigning the right to a nonprofit
conservation organization, the Commonwealth, or any of the Commonwealth's
political subdivisions.
(7)
The Mayor shall provide the City Council with his written recommendation
as to the exercise of the City's right of first refusal.
(8)
The City Council shall hold a public hearing, for which notice has
been given as provided in MGL c. 40A, § 11, on any proper
and complete notice of intent within 90 days from the date of filing
of such notice of intent.
(9)
If the Mayor recommends, and the City Council concurs, that there
should be no exercise of the City's right of first refusal, then
the Mayor shall promptly send written notice of non-exercise to the
landowner.
(10)
If the Mayor recommends that there should be no exercise of the City's
right of first refusal, the City Council may, after consideration
of the recommendations of the Mayor, City entities, and the responses
of other interested parties, recommend whether or not to assign the
right to a nonprofit conservation organization.
(11)
If the Mayor and City Council jointly decide to exercise the City's
option, they shall promptly record the notice of the City's exercise
of the option at the Registry of Deeds, notify the landowner, and
provide for the funding of the purchase.
(12)
It is the responsibility of the landowner to prepare and deliver
a complete and proper notice of intent. The notice must comply with
all applicable state law and shall include, at a minimum, the following
items:
(a)
The name, address, and telephone of the landowner and the landowner's
attorney, if any;
(b)
A statement of intent to sell Chapter 61, 61A, or 61B land for,
or convert such land to, residential, industrial, or commercial use;
(c)
A statement of proposed use of the land;
(d)
The location and acreage of the land as shown on the Assessor's
Map;
(e)
In the case of an intent to sell, a certified copy of an executed
purchase and sale agreement specifying the purchase price and all
terms and conditions of the proposed sale, which is limited only to
the property classified under the chapter, and which shall be a bona
fide offer. A bona fide offer is a good faith offer not dependent
upon potential changes to current zoning or conditions or contingencies
relating to the potential for, or the potential extent of, subdivision
of the property for residential use or the potential for, or the potential
extent of, development of the property for industrial or commercial
use;
(f)
Any additional agreements or a statement of any additional consideration
for any contiguous land under the same ownership, and not classified
under the chapter, but sold or to be sold contemporaneously with the
proposed sale;
(g)
In the case of an intent to convert the land to another use,
the landowner must also notify the City of the landowner's attorney,
if any.
