[HISTORY: Adopted by the Town Council of the Town of Braintree 3-18-2008 by Ord. No.
08-014. Amendments noted where applicable.]
GENERAL REFERENCES
Charter provisions — See Charter Art. 3.
Acting Mayor — See Ch. 2.208.
Assistant to Mayor — See Ch. 2.209.
A.
The Mayor shall be the Chief Executive and Chief Administrative Officer
of the Town of Braintree and shall have all of the power and authority
that is conferred upon the Mayor by the Braintree Charter. The Mayor
shall be considered to be the lawful successor to the Board of Selectmen
and shall have every power, duty, authority and responsibility which
was previously exercised by the Board of Selectmen, unless some other
provision is made in the Charter or this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
B.
The Mayor shall have the authority to declare a state of emergency
within the Town, to direct the closure of Town buildings, and to deploy
personnel to respond to the emergency.
C.
Effective January 2014, the Mayor shall receive an annual salary
of $125,000.
[Amended 2-5-2013 by Ord.
No. 12-035]
A.
The Mayor shall have control of all Town property which is not placed
in the care, custody and control of any Town official, department
or activity and shall enforce the conditions and covenants of any
lease or tenancy thereof.
B.
In addition to such other powers and duties as are conferred upon
the office by Charter, by these ordinances, by custom or by any other
vote of the Town, the Mayor shall have power to do any acts on behalf
of the Town which are not by law, these ordinances or some vote of
the Town delegated to some other board, committee or official, or
reserved to the voters of the Town.
C.
The Mayor shall appoint all Town officers whose election by the voters
or appointment by some other Town board or official is not required
by law, the Charter, or by these ordinances.
A.
The Mayor, after consultation with the Town Solicitor, may bring
on behalf of the Town any proceedings before any court, legislative
committee, administrative agency or other public official or agency
and may answer and defend any such proceedings brought against the
Town and may cause the Town Solicitor to appear on behalf of the Town
in any such proceedings instituted by others in which the Town has
an interest. The Mayor, after consultation with the Town Solicitor,
may prosecute such suits to final judgment, or may compromise any
claims by and against the Town on such terms as seem to the Mayor
and Town Solicitor to be in the best interest of the Town, whether
or not such claims are in litigation.
B.
The Mayor shall have authority in the name of the Town and through
the Town Solicitor to prosecute, defend or compromise any and all
claims or suits to which the Town is a party and in relation to claims
and suits whenever in the judgment of the Mayor it is reasonably necessary,
except actions otherwise provided for by statute or by ordinance.
This section shall not apply to appeals for real estate tax abatements.
The Mayor shall be authorized to accept gifts of monetary value
and services on behalf of the Town. The Mayor shall be authorized
to accept deeds conveying an interest in real estate to the Town.
The Mayor shall notify the Town Council whenever such acceptance occurs.
All land owned by the Town which is not by vote of the Town specifically
assigned to some particular Town agency shall be deemed to be under
the authority of the Mayor. The Mayor shall have general direction
or management of the property and affairs of the Town in all matters
not otherwise provided for unless otherwise provided by law.
A.
Subject to any limitations imposed by law or by these ordinances,
the Mayor shall have authority to sell or otherwise dispose of personal
property and any real estate of which the Town has possession or title
by following the procedures established in MGL c. 30B.
B.
Whenever a Town agency to which any land, easement, or other right
or interest in land has been assigned determines that the land, easement,
or other right or interest in land is no longer required by the agency
it shall, forthwith, notify the Mayor of such determination and shall
identify, with specificity, the land, easement, or other right or
interest in land which it has deemed to be no longer needed by the
Town agency. The Mayor upon receipt of any such determination shall
forthwith refer the matter to the Department of Planning and Community
Development for a report and recommendation. The Department of Planning
and Community Development shall, after study and analysis, file a
report containing its recommendations and the reasons for such recommendations
with the Mayor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
C.
Whenever any owned land, easement, or other right or interest in
land is to be sold, the Mayor shall file a request to authorize such
sale with the Town Council. The Town Council may, by a two-thirds
vote, authorize the conveyance of such land, or a portion thereof,
or the abandonment of an easement or other right or interest in the
land. The Town Council may specify a minimum sum to be paid to the
Town for such conveyance or abandonment. The Mayor shall advertise
and otherwise give notice of the offer to convey or abandon the land,
easement, or other right or interest in land in accordance with the
provisions of MGL c. 30B and any other provisions of laws as may be
applicable. If the Town Council has specified a minimum sum to be
paid to the Town, the Mayor may, for such amount or any larger amount
and on such other terms and conditions as the Mayor may deem to be
proper, convey said land, or part thereof, by deed, or declare such
easement, or right, or interest, or part thereof, be abandoned.
The Mayor, acting through the directors of departments, shall
be responsible for the overall supervision of the departments of the
Town government and for the establishment of priorities and policies
to govern the operation of the Town departments and agencies.
Whenever the Mayor desires to suspend or to remove any person from an office or position appointed by the Mayor such removal shall be governed, insofar as appropriate, by the provisions of Section 3-4 of the Charter, Civil Service Law, and those sections of these ordinances governing human resources matters.
The Mayor may appoint such other assistants as the needs of
the office may require and as appropriation made for such purposes
may allow. Every employee in the office of the Mayor shall be considered
to be a confidential employee, who shall not be subject to the terms
of any collective bargaining agreement, and shall not be subject to
the ordinary provisions of the Civil Service Law.
