[HISTORY: Adopted by the Town Council of the Town of Braintree 5-18-2010 by Ord. No.
09-053. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative organization — See Charter, Art.
5.
The Mayor shall be the Chief Executive and Administrative Officer
of the Town Government.
A.
Departments established. The administrative services of the Town
shall be divided into the following departments:
(1)
Municipal Finance Department.
(2)
Human Resources Department.
(3)
Department of Municipal Licenses and Inspections.
(4)
Planning and Community Development Department.
(5)
Public Works Department.
(6)
Town Solicitor.
(7)
Police Department.
(8)
Fire Department.
(9)
Council on Elder Affairs.
(10)
Fair Housing Liaison/Committee.
B.
Purpose. It is the intention of this provision to assemble similar
and related activities and functions of the Town into consolidated
departments in order to attain the efficiencies and economies of scale,
to reduce, or eliminate, duplication and overlapping of services,
responsibilities and functions and to improve the communication and
coordination between and among the various offices and agencies of
the Town. It is the further intention of this provision that the director
of each department shall be authorized to assign responsibilities
and functions between and among personnel within the department, from
time to time, without regard to the lines of responsibilities which
have previously been associated with the agencies herein consolidated.
The following standard provisions shall apply to all Town agencies
whether established by the Charter, by ordinance, or by administrative
rule or regulation arising out of the authority of the Charter:
A.
Titles. The head of each department of the Town government shall
be termed "director."
B.
Appointments. The director of each department of the Town government shall be appointed by the Mayor for an indefinite term of office. The appointment of directors by the Mayor shall be subject to review by the Town Council as provided in Section 2-10 of the Charter. A department director shall be a person especially qualified by education, training and previous experience to perform the duties of the office. Except as otherwise provided by the civil service statute,[2] directors of departments shall, subject to the consent
of the Mayor, appoint all assistants and subordinates and other employees
of the agency for which such person is responsible. Subject to the
approval of the Mayor, nothing shall prevent the director of a department
from also serving as the head of one or more divisions within the
department. The director may appoint the head of a division within
the department to serve simultaneously as the head of another division
within the department. Such person so appointed, or so serving, shall
possess all of the qualifications for the position which may be prescribed
by law, by Charter, by ordinance, or otherwise.
[2]
Editor's Note: See MGL c. 31.
C.
Temporary director of department. The Mayor may, as provided in Section 3-5 of the Charter, designate the head of one of the divisions within the department, or some other Town officer or employee, or any other person to serve as temporary head of a department.
D.
Removal. The Mayor may, by following the removal procedure established in Section 3-4(a) of the Charter, remove a director of a department from office. A director of a department may remove a division head, assistant or subordinate of the department from office, subject to civil service statute, by following the removal procedure established in Section 3-4(b) of the Charter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
A.
In general. Every director of a department, division head, Town officer
and Town employee shall perform all duties required of the position
by state law, by the Charter and ordinances of the Town, and such
other duties as may be required by the Mayor or by persons appointed
by the Mayor.
B.
Department directors are responsible to the Mayor. All division heads
and Town officers shall report to the Mayor through their respective
department directors. The directors of departments shall be immediately
responsible to the Mayor for the effective administration of their
respective departments and all activities assigned to their departments.
C.
Duties. The directors of departments, Town officers and the heads
of divisions shall keep themselves informed as to the latest practices
in their particular fields and shall implement, with the approval
of the Mayor, such new practices as appear would be of benefit and
service to the citizens and taxpayers of the Town.
D.
Reports to Mayor. The directors of departments shall submit reports
of the activities of their departments to the Mayor with such frequency
and in such form as may be required by the Mayor. The directors of
departments shall render an annual report of the activities and operations
of the department for which each is responsible to the Mayor on a
date established by the Mayor. Town officers and division heads shall
assist their respective department directors by preparing and filing
such reports with them as may be requested or required of them to
enable the director of a department to so report.
E.
Maintain records. The directors of departments shall establish and
maintain systems of filing and indexing records and reports in sufficient
detail to furnish all information necessary for the proper control
of departmental activities and to form a basis for the periodic reports
to the Mayor.
F.
Maintenance and use of equipment. Town property, equipment, and vehicles
are only to be used to carry out Town business and are not to be used
for personal use. The directors of departments, Town officers and
the heads of divisions shall be responsible for the proper maintenance
and use of all Town property and equipment used in their departments,
offices and divisions.
G.
Cooperation with Town Auditor. The directors of departments, Town
officers and the heads of divisions and every other employee of the
Town shall cooperate fully with the Town Auditor whenever the Auditor
makes any request for any information relevant to the duties of such
person.
The director of each department shall have the following specific
powers and duties:
A.
Provide coordination and direction to the divisions within the department
to insure consistent administration and the efficient delivery of
services to citizens and taxpayers.
B.
Meet with the Mayor to develop goals and objectives for each of the
divisions within the department and to measure and evaluate the performance
of functions by each constituent agency within the department.
C.
Meet with the division heads and other subordinate officers and employees
of the department to explain the goals and objectives set by the Mayor
for each such division and agency and to arrive at methods by which
such goals and objectives might be achieved.
D.
Monitor the level of services provided in other communities to ensure
the Town provides the highest and best level of service possible to
its citizens and taxpayers consistent with the needs of the Town and
its ability to pay.
E.
Coordinate with division heads in the development of annual operating
budgets and capital outlay requests.
F.
Prepare and submit to the Mayor within the guidelines provided by
the Mayor and within the time schedule established by the Mayor a
proposed annual operating budget and capital outlay request covering
all divisions and offices within the department for which the director
is responsible.
Unless otherwise provided by general or special law or by ordinance,
any department director or Town board empowered to issue a license,
permit, or certificate or to render a service or perform work for
a person or class of persons may, from time to time, fix reasonable
fees for all such licenses, permits, or certificates issued pursuant
to state law or regulations wherein the entire proceeds of the fee
remain with the Town, and may fix reasonable charges to be paid for
any services rendered or work performed by the Town for any person
or class of persons; provided, however, that in the case of a board
or officer appointed by an elected board, the fixing of such fee shall
be subject to the review and approval of such elected board (MGL c.
40, § 22F).
A.
Any department director or Town board appointed by the Mayor that
is empowered to issue a license, permit, or certificate or to render
a service or perform work for a person or class of persons may, from
time to time, establish reasonable regulations for all such licenses,
permits, or certificates, subject to the review and approval of the
Mayor, and in the case of an elected board or an officer appointed
by an elected board, the regulation shall be subject to the review
and approval of such elected board.
B.
Unless otherwise provided by general or special law or by ordinance,
a summary of each regulation adopted under this section shall be posted
on a Town Hall bulletin board and on the Town's official website and
shall be published once in a newspaper of general circulation in the
Town, and formal written notification shall be provided to the Town
Council, and such publication shall be notice to all persons.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
Any plan presented by the Mayor to the Town Council which appears to be a reorganization plan under Section 5-1 of the Charter which does not contain a proposed ordinance in which are incorporated amendments, revisions or repeals of this chapter and any other chapters or provisions of this Code of Town Ordinances as will accomplish the desired reorganization shall not be deemed to be a reorganization plan within the meaning of said Section 5-1. Each proposed reorganization plan when filed by the Mayor with the Town Council shall bear an identifying number and shall be accompanied by a detailed statement of the Mayor in explanation of the reasons underlying the submission of the proposed plan and the goals and objectives expected to result from the implementation of the plan.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
