[HISTORY: Adopted by the Police Department
of the Town of Marblehead as indicated in article histories. Amendments
noted where applicable.]
[§§ 9-1 to 9-3 of the 1967
Code]
[Amended 5-2-2011 ATM by Art. 31]
A.
Appointment.
(1)
Committee composition. In the event there is an opening for the position
of Police Chief, the Board of Selectmen shall exercise its authority
as the appointing authority and appoint the Police Chief based upon
the recommendation of the Police Chief Screening Committee (the "Committee").
Such Committee shall be comprised of seven members appointed by the
Board of Selectmen and representing the following municipal and/or
community groups:
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Town Administrator
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School Department
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Fire Department
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Police Department
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Council on Aging
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Citizenry
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Public Safety Professional
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(2)
Recommendation timeframe.
(a)
The Committee shall advertise for the position of Police Chief
through any medium deemed appropriate by the Committee, including
but not limited to the Town's municipal website and at least
one newspaper of wide circulation throughout the commonwealth.
(b)
Applicants shall have at least 45 days from the date of initial
publication to submit applications to the Board of Selectmen.
(c)
At the close of the application period, the Board of Selectmen
shall provide the Committee with all application response materials
received.
(d)
Within 10 days following the close of the application period,
the Committee shall meet in accordance with MGL c. 30A, § 21
to review all applications and determine by vote, the top five applicants.
(e)
Within 10 days following the vote, the Committee shall interview
the top five applicants as determined by the Committee.
(f)
Within 10 days of the completion of all interviews, the Committee
shall determine the top three applicants and confirm with the applicants
that they are interested in moving forward in the selection process.
(g)
The Committee shall thereafter submit forthwith a written recommendation
to the Board of Selectmen indicating the top three applicants.
(3)
Evaluation criteria. The Recommendation Committee shall evaluate
the applicants using criteria including but not limited to the following:
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Character
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Education
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Prior experience as a police officer
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Prior experience as a police chief
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Prior employment record
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Recommendations (personal and professional)
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(4)
Board of Selectmen process. Within 21 days of the receipt of the
Committee's recommendation, the Board of Selectmen shall interview
the candidates and conduct further review and investigation that the
Board deems necessary and appropriate.
(5)
Candidate selection. The Board of Selectmen shall select a top candidate for the position of Police Chief. Within 10 days of the Board's vote, the Chairman shall contact the top applicant and notify him or her of the Board's selection. The top applicant shall have 48 hours to accept the position of Police Chief, subject to contract negotiations. Thereafter the Board of Selectmen and the selected candidate shall enter into contract negotiations and submit to any other applicable preliminary hiring requirements. In the event the top applicant does not accept the position of Police Chief within the forty-eight-hour acceptance period, the Chairman of the Board of Selectmen shall contact the next ranked applicant and offer him or her the position of Police Chief. In the event that all three top applicants refuse the position of Police Chief or the Board determines that none of the applicants meet the needs of the community at that time, then the Committee shall readvertise for the position of Police Chief and follow the process as noted in Subsection A(2) above.
B.
Term. The appointed Police Chief shall serve for three years subject
to reappointment at the discretion of the Board of Selectmen.
C.
Duties. The duties of the Police Chief shall be those established
by the Board of Selectmen from time to time.
D.
Employment contract. The Board of Selectmen shall prepare an employment
contract with the Police Chief covering the terms and conditions of
the Chief's employment.
E.
Noneligibility. No member of the Board of Selectmen shall be eligible
for appointment to the position of Police Chief.
F.
Applicability. This By-Law shall apply only to a Police Chief who
is appointed subsequent to the time that the position of Police Chief
is removed from civil service.
G.
Effective date. This By-Law shall take effect if and when the General
Court passes Special Legislation for the Town of Marblehead allowing
the position of Police Chief to be exempted from the provision of
civil service.[1]
[1]
Editor's Note: Chapter 181, Acts of 2011, approved 11-3-2011,
exempts the position of Police Chief in the Town of Marblehead from
the civil service law.
The Selectmen shall make such rules and regulations
for the discipline and government of the Police Department as they
may deem necessary.
It shall be the duty of the members of the police
force to immediately make a careful examination of every case of accident,
or injury to property, coming within their notice, in which the Town
might be liable, secure the names of all witnesses thereto and make
report thereof to the Chief of Police, who shall report forthwith
to the Selectmen.
[Adopted 5-4-1992 ATM by Art. 9]
In accordance with the authority and subject
to the provisions of Chapter 366 of the 1991 Acts and Resolves of
the General Court, a Department of Public Works is hereby created
under the Board of Selectmen.
Said Department shall be comprised of the Highway
Department and the Surface Drain Construction Department.
