[HISTORY: Adopted by the City Council of
the City of Lowell 4-26-1988 as Ch. 2, Art. V and Ch. 18, Art. I of the 1988 Code. Amendments
noted where applicable.]
The chief executive officer shall annually in
the month of January or February appoint one poundkeeper and three
or more fence viewers.
[Added 10-29-1991]
A.
Appointment; qualifications. The City Manager shall
appoint four or more constables for the term of three years beginning
with the first day of January in the year of appointment; constables
are not City employees. Notwithstanding anything to the contrary,
all such constables with the power to serve civil process shall be
residents of the Commonwealth of Massachusetts upon appointment and
shall remain residents of the Commonwealth of Massachusetts during
their tenure in office.[1]
B.
Bond required. Appointments of constables shall specify
in each case whether the appointment is for a position connected with
the City or county service to serve without bond or for the service
of civil process upon the filing of the bond required by law.
C.
D.
Residency requirements. The City Manager may appoint
nonresidents of the City of Lowell as constables in the City of Lowell,
provided that the city or town in which the applicant for constable
in the City of Lowell is a resident allows Lowell residents to be
constables in that respective city or town.
[Amended 2-9-1993]
A.
The Sealer of Weights and Measures shall be the head
of the Division of Weights and Measures.
[Amended 5-26-1992]
B.
The Sealer of Weights and Measures shall annually
make a report to the Director of Standards of the Department of Labor
and Workforce Development required by MGL c. 98, § 37. He
shall transmit a copy of such report to the City Council together
with the account of all sums received by him and paid over to the
City Treasurer.[1]
A.
The City Clerk, under the direction and control of
the City Council, shall have the care and custody of the City records
and all documents, maps, plans and papers respecting the care and
custody of which no other provision is made. He shall attend and keep
the records of all meetings of the City Council.
B.
The City Clerk shall keep a record of the names of
all streets, alphabetically arranged, and a list and description of
all sidewalks, sewers and drains ordered to be built.
A.
Appointment; term; removal. The City Clerk may nominate
and appoint an Assistant City Clerk, subject to confirmation by the
City Council, for a term to expire simultaneously with the term of
the City Clerk and until a successor is appointed. Upon confirmation
by the City Council, the Assistant City Clerk shall be sworn to the
faithful discharge of his duties. The Assistant City Clerk may at
any time be removed by the City Clerk with the approbation of the
City Council.
B.
Duties. It shall be the duty of the Assistant City
Clerk to assist the City Clerk in recording, indexing and certifying
all papers or instruments required by law to be filed in the office
of or recorded by the City Clerk and also, if necessary, to attest
documents as provided by MGL c. 41, § 18 and perform all
other duties pertaining to the office of City Clerk when required
by him or when the City Clerk shall be absent or the office of City
Clerk shall be vacant for any cause.[1]
It shall be the duty of the City Physician to
render any and all services that may be required of him in the examination
of persons who are injured while in the employ of the City and to
render a report thereof to the City Solicitor. The examination of
such persons and the reports of the results of such examinations shall
be rendered to the Law Department at the request of the City Council
or the City Solicitor. It shall be the duty of the City Physician
to attend all hearings before the Industrial Accident Board in the
adjudication of cases of employees of the City when so requested by
the City Solicitor.
A.
Duties; annual report; compensation.
(1)
It shall be the duty of the City Solicitor to draft
all bonds, contracts, deeds, leases, obligations, conveyances and
other legal instruments which may be required of him by any ordinance
or order of the City Council or by any committee of the City Council;
to commence and prosecute all suits brought by order of the City or
on account of any estate, claims, rights, privileges or demand of
the City; to appear before any court in this commonwealth in defense
of all actions or suits against the City or its officers in their
official capacity, wherein the rights, estate, privileges, ordinances
or acts of the City, or breach of any ordinance, may be brought in
question; to try and argue any and all causes in which the City shall
be a party before any legal tribunal; and to do every professional
act which may be required of him by the City Council, the Mayor or
any committee of the City Council or by any order or rule of the City
Council.
(2)
When required by the Mayor, the City Council or any
committee of the City Council, or by the School Committee of the City,
he shall furnish a written opinion on any legal question or subject
which may be submitted to him in writing, setting out in detail the
question, and he shall at all times furnish legal advice to any officer
of the City who may require his opinion upon any subject concerning
the duties incumbent upon such officer.
(3)
He shall annually, in the month of February, make
a report to the City Council of the business of his office during
the year, stating the suits pending in favor of or against the City
at the time of his report, with a brief description of each, and such
other information as in his opinion the interests of the City may
require.
(4)
He shall not be allowed or paid any extra compensation
over or above the salary of his office for any services rendered the
City or any of its officers, with the exception of any compensation
paid pursuant to a contract authorized under MGL c. 71, § 37E.
B.
Docket records. The City Solicitor shall keep a docket
giving the names of the parties who have brought actions against the
City or against whom the City has any action pending. He shall also
keep another record of cases properly indexed, the name and residence
of each witness to be written in the record, and the substance of
what the witnesses will testify to shall also be inscribed in the
book, and, if possible, the same shall be signed by the witness. The
docket, recording book, and all briefs shall, at the expiration of
the City Solicitor's term of office, be handed to his successor and
shall be the property of the City.
A.
Office created. There are hereby created in the Law
Department of the City five positions to be known as "Assistant City
Solicitor." The title of the occupants of the positions shall be "Assistant
City Solicitor." The City Manager, in his discretion, shall determine
the needs of the Law Department of the City insofar as the appointment
to and the filling of these positions are concerned and act accordingly.
B.
Qualifications; appointment; removal. Each Assistant
City Solicitor shall be an attorney at law, duly authorized to practice
law in the courts of the commonwealth, and shall be appointed and
may be removed in accordance with the provisions of MGL c. 43, §§ 104
and 105.
C.
Duties. Each Assistant City Solicitor shall be under
the direction of the City Solicitor and shall assist the City Solicitor
in the performance of the duties of his office and shall perform such
other duties as may be assigned to him by the City Solicitor. He shall
have authority to represent the City in all proceedings before any
court, administrative board, legislative committee and any such body,
when so requested and directed by the City Solicitor.
A.
Office created; appointment. The office of Commissioner of Public Works is hereby created. He shall be an administrative officer of the City, under the direction of the chief executive officer of the City, with general charge and oversight of all of the divisions set forth in Chapter 20, Article III, Department of Public Works, of this Code and shall be appointed and may be removed by the chief executive officer.[2]
B.
Powers and duties.
(1)
The Commissioner of Public Works shall take charge
of the Department of Public Works, all of its divisions, and all the
property under the control of the Department and shall have general
direction and supervision of all employees in the various divisions
of the Department, under the direction of the chief executive officer
of the City.
(2)
He shall assign such property within the Department
to any division thereof as has need and use for the same.
(3)
He shall, subject to the approval of the Personnel
Director, arrange and establish a roster of the employees, wherein
all employees of the Department shall be placed on lists to their
respective classifications, and shall employ each such employee within
his respective classification, except that such employee may be employed
in any division of the Department wherein there is need for his service,
within his respective classification.[3]
(4)
He shall have the power, subject to the approval of
the chief executive officer of the City, to make and establish rules
and regulations for conducting the affairs of the Department and the
various divisions thereof.
C.
Authority to designate Acting Commissioner. The Commissioner
of Public Works, with the approval of the chief executive officer
of the City, may designate one of the Deputy Commissioners to perform
the duties of Commissioner during his absence or should the Commissioner
be unable to fulfill his duties. There shall be no increase in the
salary for the person designated to perform such duties, but he shall
have all the powers of a Commissioner when so acting.
D.
Deputy Commissioners.[4]
(1)
Each of the divisions established by Chapter 20, Article III, Department of Public Works, shall be under the direct charge of a Deputy Commissioner of the Department of Public Works, except that the Division of Streets and Highways and the Division of Waste Disposal shall be in charge of one Deputy. Each Deputy shall be an administrative officer of the City, in charge of the division or divisions, under the Commissioner, and shall be appointed and may be removed by the chief executive officer of the City subject to MGL c. 31.
(2)
The deputy in charge of the Division of Engineering
shall be a civil engineer with at least five years' practice.
E.
Appropriations. Appropriations shall come under the
control and supervision of and be expended by the Commissioner of
Public Works.
A.
The Executive Director of the Lowell Regional Wastewater
Utility, under the direction of the City Council, shall superintend
the building of all common sewers and drains that may be built under
the authority of the Council and shall make all contracts for labor
and materials therefor. He shall report to the Auditor the names of
all persons liable to be assessed for the expense of constructing
or repairing sewers or drains.[2]
B.
He shall also have the care of implements of labor,
machinery and equipment in the Utility, shall keep an accurate record
of all his proceedings and enter, under appropriate heads, the receipts
and expenditures in the Utility and shall, on or before the first
Monday in January, annually, make a report to the City Council containing
a general statement of the expenses of the Utility during the preceding
year, the amount expended in the construction or repairing of the
different sewers and drains, and such other information as he may
deem important, together with an estimate of detail of the property
under his charge belonging to the City.
