The organization of the town into operating agencies for the
provision of services and the administration of the government may
be accomplished only through an organization, or reorganization, plan
filed by the mayor. No organization plan may originate with the town
council.
The mayor may, subject only to express prohibitions in a general
law, or this charter, propose to reorganize, consolidate or abolish
any town agency, in whole or in part; establish such new town agencies
as is deemed necessary, provided, however, that no function assigned
by this charter to a particular town agency may be discontinued or
assigned to any other town agency unless this charter specifically
so provides.
The mayor may from time to time prepare and submit to the town
council plans of organization or reorganization that establish operating
divisions for the orderly, efficient or convenient conduct of the
business of the town.
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
Whenever the mayor proposes such a plan the town council shall
hold one or more public hearings on the proposal giving notice by
publication in a local newspaper, which notice shall describe the
scope of the proposal and the time and place at which the public hearing
will be held, not less than seven or more than fourteen days following
said publication.
An organization or reorganization plan shall become effective
at the expiration of sixty days following the date the proposal is
submitted to the town council unless the town council shall, by a
majority vote, within such period vote to disapprove the plan. The
town council may vote only to approve or to disapprove the plan and
may not vote to amend or to alter it.
All appointments and promotions of town officers and employees
shall be made on the basis of merit and fitness demonstrated by examination,
past performance, or by other evidence of competence and suitability.
The town council may, in any ordinance establishing a salary for an
office or position of employment, establish minimum qualifications
a candidate must possess in order to qualify for appointment to the
said office or position of employment.
(1)
Establishment, Scope - There shall
be a department of public works responsible for the performance of
all public works related functions and activities of the town. The
department of public works shall assume all of the duties and responsibilities
related to public works activities which prior to the adoption of
the home rule charter were performed by or under the authority of
the board of public works. The department of public works shall perform
all of the public works related functions which are associated with
the following boards, departments and offices or which are now or
may from time to time by general or special law be vested in such
boards, departments and offices: road commissioners, surveyors of
highways, superintendent of streets, water commissioners, sewer commissioners,
park commissioners, cemetery commissioners, tree warden, superintendent
of shade tree management and pest control and it may have such additional
powers, duties and responsibilities with respect to public works related
functions and activities as may from time to time be provided, by
ordinance. The policy making and program development powers, duties
and responsibilities which are now or may from time to time by general
or special law be vested in such boards, departments and offices as
are included in the department of public works shall be vested in
the mayor.
Notwithstanding any provision of this section to the contrary the mayor may, pursuant to the provisions of section 5-1, divide the powers and duties of the department of public works into two or more departments.
(2)
Director of Public Works - The department
of public works shall be under the direct control and supervision
of a director of public works who shall be appointed by and who shall
be responsible to the mayor. The director of public works shall serve
for an indefinite term. The director of public works shall be a person
especially fitted by education, training and previous, experience
and training to perform the duties of the office. The director of
public works shall be responsible for the supervision and coordination
of all activities of the department of public works in accordance
with state statutes, town ordinances, administrative code and rules
and regulations.
(1)
Establishment, Scope - There shall
be a department of municipal finance responsible for the performance
of all of the fiscal and financial activities of the town. The department
of municipal finance shall assume all of the duties and responsibilities
related to fiscal and financial activities which prior to the adoption
of the home rule charter were performed by or under the authority
of the town accountant, the town treasurer-collector, the chief procurement
officer, the board of assessors and it may have such additional powers,
duties and responsibilities with respect to fiscal and financial related
functions and activities as may from time to time be provided by ordinance.
(2)
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 director of municipal
finance shall serve for an indefinite term. 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 state statutes, town ordinances, administrative code and rules
and regulations. The director of municipal finance shall serve, ex
officio, as the mayor may from time to time specify, as the town treasurer,
collector, or treasurer-collector.
(1)
Establishment, Scope - There shall
be a department of planning and community development responsible
for the coordination of all the planning and development related activities
of the town. The department of planning and community 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 redevelopment authority, the planning board,
the development and industrial commission, the industrial development
financing authority, the 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 may from time to time be provided, by
ordinance. Such ordinance may include in its scope the coordination
of all land acquisition and land management proposals, economic development
planning, community development block grants, 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.
(2)
Director of Planning and Community Development - The department of planning and community development shall
be under the direct control and supervision of a director of planning
and community development who shall be appointed by and who shall
be responsible to the mayor. The director of planning and community
development shall serve for an indefinite term. The director of planning
and community development shall be a person especially fitted by education,
experience and training to perform the duties of the office. The director
of planning and community development shall be responsible for the
supervision and coordination of all activities of the department of
planning and community development in accordance with state statutes,
town ordinances, and rules and regulations.
(1)
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
town 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 board of selectmen,
town accountant, the town treasurer-collector, the personnel board,
the personnel director and the heads of town agencies and it may have
such additional powers, duties and responsibilities with respect to
human resources related functions and activities as the town may from
time to time provide, by ordinance.
(2)
Director of Human Resources - The department
of human resources shall be headed by a director of human resources
who shall be appointed by and who shall be responsible to the mayor.
The director of human resources shall serve for an indefinite term.
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 state statutes, town ordinances,
and rules and regulations.
(1)
Establishment, Scope - There shall
be a department of municipal licenses and inspections which shall
be responsible for the coordination of all licensing and inspection
functions performed by any town officer, employee or agent. The department
of municipal licenses and inspections shall be responsible for the
coordination of all of the licensing and inspection functions conducted
by the town, including but not limited to those required under the
zoning, wetlands protection, historic districts or any other town
ordinance, the provisions of the Code of Massachusetts Regulations
relating to buildings, electrical wiring, plumbing, gas fitting, sanitation,
wetlands, fire protection and fire safety, hazardous materials, local
regulations adopted by the board of health, conservation commission,
historical commission, planning board or any other town agency, under
any other title, performing any of the duties of any such multiple
member body and every other local inspection as may be otherwise authorized
or conducted, the licensing functions as provided in chapter one hundred
thirty-eight and one hundred forty of the General Laws and including
responsibilities with respect to the coordination of municipal licensing
and inspection functions as the town may from time to time provide,
by ordinance, and which may include the maintenance of all records
relating to inspections in a central place through a common index,
a single application process which would indicate all inspections
which might be necessary for a particular project and provide for
a consolidated, coordinated review and processing of each such application.
(2)
Director of Municipal Licenses and Inspections - The department of municipal inspections shall be under the
direct control and supervision of a director of municipal licenses
and inspections who shall be appointed by and who shall be responsible
to the mayor. The director of municipal licenses and inspections shall
serve for an indefinite term. The director of municipal licenses inspections[1] shall be a person especially fitted by education, experience
and training to perform the duties of the office. The director of
municipal licenses and inspections shall be responsible for the supervision
and coordination of all activities of the department of municipal
licenses and inspections in accordance with state statutes, town ordinances,
and rules and regulations. The director of municipal licenses and
inspections shall in addition to the coordination responsibilities
assigned by this provision also perform the duties of building inspector
or of any other position within the department as the mayor may from
time to time specify.
[1]
Editor's Note: So in original; should be "director of municipal
licenses and inspections."
(3)
Board of License Commissioners - There
shall be a board of license commissioners which shall have the power
to issue licenses for innholders or common victuallers, the powers
of a licensing board appointed under section four of chapter one hundred
and thirty-eight of the General Laws, be the licensing authority for
the purposes of chapter one hundred and thirty-eight and chapter one
hundred and forty 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 licensing commissioners may grant licenses relating to
alcoholic beverages under chapter one hundred and thirty-eight of
the General Laws and those licenses under chapter one hundred and
forty of the General Laws which are not, by the provisions of said
chapter, placed within the jurisdiction of another municipal officer
or agency, and it shall have all the powers and duties of a licensing
authority under said chapters.
The town clerk, the inspector of buildings, the director of
public health, the fire chief and the police chief (or persons performing
similar duties under any other title) shall serve by virtue of their
offices, and without additional compensation as the members of the
board of licenses commissioners. The town clerk shall serve as chair
of the board of license commissioners.
