[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. There shall be a Town Accountant, appointed by the
Director of Municipal Finance as authorized by MGL c. 41, § 55.
(b)
Powers and duties. The Town Accountant shall examine the books and
accounts of all officers and committees entrusted with the custody
or expenditure of money. The Town Accountant shall have all of the
other powers, duties and responsibilities which are given to Town
Accountants by general laws, except the powers of the office which
are associated with auditing, including those described in MGL c.
41, §§ 50, 51, 53, and 54, which powers shall be assigned
to the Office of Town Auditor established by Home Rule Charter, Section
2-8(a).
(a)
Establishment. The Chief of Police shall, annually, appoint an Animal
Control Officer.
(b)
Powers and duties. The Animal Control Officer shall be responsible
for the enforcement of all laws relating to dogs, including but not
limited to MGL c. 140, §§ 136A through 174E, and all
ordinances of the Town further regulating animals. The Animal Control
Officer shall, in addition, have all of the powers of a Field Driver
and Pound Keeper, as provided in MGL c. 49, §§ 22 to
41, the authority to take up stray beasts as provided in MGL c. 134
and every other enabling authority as may be. In addition, the Animal
Control Officer shall be responsible for the taking up, confinement
and disposition of wild animals which are disturbing the public peace
or providing a threat to public safety. The Animal Control Officer
shall coordinate and cooperate, as necessary, with the various humane
societies that are active in Weymouth and the surrounding area.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Mayor shall, annually, appoint an Animal Inspector
in accordance with MGL c. 129, § 15.
(b)
Powers and duties. The Animal Inspector shall make regular and thorough
inspections of all neat cattle, sheep, swine and other domesticated
animals within the limits of the Town, and, if he knows or has reason
to suspect any are infected with or have been exposed to any contagious
disease, he may order their quarantine. The Animal Inspector shall
have all of the other powers, duties and responsibilities given to
Animal Inspectors by MGL c. 129, §§ 15 through 25.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Director of Municipal Finance shall appoint a
Principal Assessor.
(b)
Powers and duties. The Principal Assessor shall appraise real and
personal property in the Town; perform field measurements and inspections
of residential and commercial buildings, including new buildings,
additions, major alterations, demolition and partial construction;
inspect land and land changes resulting from map changes, deed transfers
and subdivision changes; using appropriate appraisal techniques, make
estimates of market value of properties; keep apprised of all deed
transfers and check deeds for ownership.
The Principal Assessor maintains a record file system on permanent
properties, including collected data and calculated cost with depreciation,
current market and assessed valuation considered. The Principal Assessor
performs other related duties, as required.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Inspector of Buildings shall be appointed by the
Mayor.
(b)
Powers and duties. The Inspector of Buildings shall appoint such
number of officers, technical assistants, inspectors, clerks and other
employees as shall be necessary to conduct the business of said division
and as authorized by the Mayor.
The Inspector of Buildings shall keep a record of the business
of said division, submit to the Mayor a yearly report of such business,
ascertain all facts and make all returns which shall be required by
law or other matters connected with his department and enter upon
the premises wherein any fire has occurred, if necessary in accordance
with MGL c. 143, § 3, and MGL c. 40A, § 7.
(a)
Establishment. The Veteran's Services Director shall also be the
Burial Agent as provided in MGL c. 115, § 7.
(b)
Powers and duties. The Burial Agent shall cause to be interred the
body of any veteran or adult dependent of a veteran who dies without
sufficient means of defraying funeral expenses and the body of any
dependent child of a veteran if the veteran and his wife, or the veteran's
widow are without sufficient means to defray the expense in accordance
with MGL c. 115, §§ 7 and 8.
(a)
Establishment. The Director of Administrative and Community Services
shall appoint a Civil Defense/Emergency Management Director in accordance
with C. 639, § 13, Acts of 1950, and federal and state emergency
management guidelines.
(b)
Powers and duties. There shall be an Emergency Management Division
under the supervision of an Emergency Management Director.
The Emergency Management Division seeks to maximize survival
of persons and preservation of property in the Town in the event of
a natural or man-made disaster by effective planning and by making
use of all manpower, equipment, available shelter protection and other
resources during an actual emergency.
The Emergency Management Division provides planning, resources,
communications and recovery services in support of emergencies in
the Town, adjacent communities, and the commonwealth. The Division
functions as the Emergency Preparedness Department consistent with
the C. 639 of the Acts of 1950 and is responsible for coordinating
and planning all disaster emergency functions and services within
the Town amongst all municipal and nonmunicipal agencies and departments.
The Department updates and exercises a plan of pre-emergency actions
known as the Comprehensive Emergency Management Plan and the Superfund
Amendment and Reauthorization Act of 1980, Title III Plan; mitigates
emergencies; assists in responses to hazardous materials incidents
and administers cost recovery and other reimbursement programs.
(a)
Establishment. The Mayor may from time to time appoint, for terms
not exceeding three years, as many constables as is deemed to be necessary
in accordance with MGL c. 41, § 91A.
(b)
Powers and duties. Constables may serve writs, warrants and processes
in civil and criminal matters as authorized by law. They shall have
the power of sheriffs to require aid in the execution of their duties.
They shall serve all warrants and other processes directed to them
by the Mayor for notifying of meetings or for other purposes in accordance
with MGL c. 41, § 94.
(a)
Establishment. The Mayor shall, annually, appoint two or more Fence
Viewers in accordance with MGL c. 49, § 1.
(b)
Powers and duties. The Fence Viewers shall be responsible for the
enforcement of MGL c. 49, §§ 1 through 21, and may
determine when a partition fence is required. They shall have all
of the other powers, duties and responsibilities which are given Fence
Viewers by general laws.
(a)
Establishment. The Chief of Police may appoint a Pound Keeper for
each pound and one or more Field Drivers for the Town in accordance
with MGL c. 49, § 22.
(b)
Powers and duties. Every Field Driver shall take up horses, mules,
asses, neat cattle, sheep, goats or swine going at large in the public
ways, or on common and unimproved land and not under the care of a
Pound Keeper. Beasts so taken up by a Field Driver shall forthwith
be impounded and while so impounded shall be furnished with suitable
food and water in accordance with MGL c. 49, §§ 22
through 41.
(a)
Establishment. The Mayor shall, subject to the Civil Service Law,
G.L. c. 31 et seq., and rules, appoint a Fire Chief who shall be the
appointing authority for the Department in accordance with MGL c.
48, § 42.
[Amended 6-21-2021 by Order No. 21-090]
(b)
Powers and duties. The Fire Chief shall have full charge of extinguishing
fires, shall be in immediate control of all Town property used by
the Department, and of the officers and firefighters, who shall obey
his orders. According to MGL c. 48, §§ 42A through
55, the Fire Chief has other extensive authority relative to fire
prevention, pursuant to the provisions of MGL c. 148 and CMR 527.
(a)
Establishment. The Chief of Police, with the approval of the Mayor,
shall appoint a Harbormaster and such number of Assistant Harbormasters
as may be deemed necessary in accordance with MGL c. 102, § 19.
(b)
Powers and duties. The Harbormaster shall be responsible for the
operation of all vessels in the harbor in conformity with MGL c. 102, §§ 17
through 28, and all Town ordinances adopted in relation to the harbor.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Mayor shall appoint a Director of Public Health.
(b)
Powers and duties. The Director of Public Health shall be responsible
for the performance of all public health related functions and activities
of the Town and shall coordinate the local public health program with
programs conducted by the commonwealth and with others. The Director
of Public Health shall be responsible for the enforcement within the
Town of all local ordinances and rules and regulations affecting the
public health and of all state statutes and state rules and regulations
(CMR) affecting the public health. The Director of Public Health shall
have all of the other powers, duties and responsibilities which are
given to Boards of Health by general laws (see MGL c. 111, §§ 26
through 32, and MGL c. 111 through c. 114, generally) (except the
power to promulgate health regulations) and shall have such additional
powers, duties, authority and responsibility as may be provided in
the Town ordinances.
[Amended 6-21-2016 by Ord. No. 16-092; 6-21-2021 by Order No. 21-090]
(a)
Establishment. 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 or designee.
(b)
Powers and duties. 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 (Home Rule Charter, Section 5-6).
[Amended 6-20-2016 by Ord. No. 16-095; 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Inspector of Buildings shall appoint an Inspector
of Gas Piping and Gas Appliances, who shall be a licensed plumber
or a licensed gas fitter in accordance with MGL c. 143, § 3O.
(b)
Powers and duties. The Inspector of Gas Piping and Appliances shall
be responsible for the enforcement of the rules and regulations adopted
by the Gas Regulatory Board under MGL c. 143, § 3O. The
Inspector of Gas Piping and Appliances shall have all of the other
powers, duties and responsibilities as are given such inspectors by
MGL c. 143, § 3O.
[Amended 6-21-2016 by Ord. No. 16-092; 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Director of Library Services shall be appointed
by and be responsible to the Mayor or designee.
(b)
Powers and duties. The Director of Library Services shall be in full
charge of the Public Library and any of its branches as may from time
to time be established. The Director shall be in full charge of all
personnel assigned to the library and shall oversee the purchase or
other acquisition of all books, periodicals, art objects and every
other item or thing contained in the library collection. The Director
shall be responsible for the care and custody of all library facilities
and shall procure all equipment for the library operations. The Director
shall prepare and monitor budgets for the public libraries.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Chief of Police shall annually appoint a Keeper
of the Lockup in accordance with MGL c. 40, § 35.
(b)
Powers and duties. The Keeper of the Lockup shall have the care and
custody of the Town lockup and of all persons who are committed to
the lockup in accordance with MGL c. 40, §§ 34 through
37, inclusive.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Mayor shall annually appoint one or more Measurers
of Wood and Bark in accordance with MGL c. 94, § 296.
(b)
Powers and duties. The Measurers of Wood and Bark shall be responsible
for the enforcement of the laws relating to the sale of wood and bark
within the Town in accordance with MGL c. 94, §§ 296
through 303, inclusive.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. 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.
(b)
Powers and duties. 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, 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
(see Home Rule Charter Section 5-4).
[Amended 6-21-2016 by Ord. No. 16-092; 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Department of Municipal Licenses and 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 or designee. The Director of Municipal
Licenses and Inspections shall serve for an indefinite term. The Director
of Municipal Licenses and Inspections shall be a person especially
fitted by education, experience and training to perform the duties
of the office.
(b)
Powers and duties. 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, rules and regulations. The Director
of Municipal Licenses and Inspections shall also perform the duties
of Inspector of Buildings or of any other position within the Department
as the Mayor may from time to time specify (see Home Rule Charter,
Section 5-7).
(a)
Establishment. The Director of Municipal Finance shall designate
or appoint a Parking Clerk in accordance with MGL c. 90, § 20A 1/2.
(b)
Powers and duties. The Parking Clerk shall supervise and coordinate
the processing of parking notices in the Town in accordance with MGL
c. 90, §§ 20A through 20E.
[Amended 6-21-2016 by Ord. No. 16-092; 6-21-2021 by Order No. 21-090]
(a)
Establishment. 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 or designee. 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.
(b)
Powers and duties. 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, rules and regulations (see Home
Rule Charter, Section 5-5).
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. An Inspector of Plumbing shall be appointed by the
Inspector of Buildings in accordance with MGL c. 142, § 11.
(b)
Powers and duties. The Plumbing Inspector shall be responsible for
the enforcement of all rules and regulations regarding the installation,
alteration and repair of all plumbing in the Town in accordance with
MGL c. 142, §§ 11 through 13; and MGL c. 142, generally.
(a)
Establishment. The Mayor shall, subject to the Civil Service Law,
G.L. c. 31 et seq., and rules, appoint a Police Chief who shall be
the appointing authority for the Police Department.
[Amended 6-21-2021 by Order No. 21-090]
(b)
Powers and duties. The Chief of Police shall be in immediate control
of all Town property used by the Department, and of the police officers,
who shall obey his orders. The Police Department shall have full charge
of keeping the peace and the enforcement of all laws in accordance
with MGL c. 41, §§ 97 and 98.
[Amended 6-21-2016 by Ord. No. 16-092; 6-21-2021 by Order No. 21-090]
(a)
Establishment. 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 or designee.
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.
(b)
Powers and duties. 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, rules and regulations (see Home Rule Charter,
Section 5-3).
(a)
Establishment. The Director of Municipal Finance shall appoint a
Purchasing Agent in accordance with MGL c. 41, § 103.
(b)
Power and duties. The Purchasing Agent shall purchase all supplies
for the Town and for every department thereof, except in the case
of an emergency. All purchases or contracts for purchases shall be
based on competition as required by MGL c. 30B, c. 149 and c. 7.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Director of Municipal Licenses and Inspections
shall appoint one or more Sealers of Weights and Measures in accordance
with MGL c. 98, § 34.
(b)
Powers and duties. The Sealer of Weights and Measures shall test,
adjust and seal all devices used for the weighing and measuring of
commodities and shall be responsible for the enforcement of all laws
relating to weights and measures in accordance with MGL c. 98, §§ 34
through 56C.
[Amended 6-21-2021 by Order No. 21-090]
(a)
Appointment. The Director of Public Works shall appoint a Superintendent
of Shade Tree Management and Pest Control in accordance with MGL c.
132, § 13.
(b)
Powers and duties. The Superintendent of Shade Tree Management and
Pest Control shall be responsible for the suppression of the public
nuisances named in MGL c. 132, § 11.
(a)
Appointment. The Mayor shall appoint for terms of three years a person
or persons, qualified by training and experience in the field of shellfishery
management, as Shellfish Constables or Deputy Shellfish Constables.
The Mayor shall notify the Director of the Division of Marine Fisheries
and the Director of the Division of Law Enforcement forthwith of the
appointment of a Shellfish Constable or Deputy Shellfish Constable
in accordance with MGL c. 130, § 98.
(b)
Powers and duties. Shellfish Constables and Deputy Shellfish Constables
shall, subject to the appointing authority, initiate, promote and
manage shellfisheries and shall make or cause to be made such studies
as may be necessary to enhance the value of such shellfisheries and
shall enforce all statutes, ordinances, bylaws, rules and regulations
relative to shellfish in Weymouth. Shellfish Constables and Deputy
Shellfish Constables shall, for the enforcement of MGL c. 130, §§ 31,
37, 41, 43 and 44, have the authority granted to Natural Resource
Officers, subject to written rules and regulations of the Commissioner
of the Department of Fisheries, Wildlife and Environmental Law Enforcement.
In the performance of their duties, a Shellfish Constable or a Deputy
Shellfish Constable may request any person such Constable or Deputy
Constable has cause to believe is engaged in unlawful shellfishing,
is in unlawful possession of shellfish, or is in possession of shellfish
unlawfully taken, to display forthwith for inspection all shellfish
in his or her possession, and such Constable or Deputy Constable may
arrest without a warrant any person refusing or failing to comply
with such request.
(a)
Appointment. The Mayor shall appoint a Town Solicitor who shall serve
an indefinite term of office.
(b)
Powers and duties. The Town Solicitor shall be responsible for all
legal affairs of the Town and shall personally provide, or shall personally
supervise the provision by others of, all legal services necessary
for the proper and efficient conduct of the Town's affairs. Further,
the Town Solicitor shall:
1.
Supervise the drawing, revision and/or approve all contracts, deeds,
bonds and other legal instruments relating to the Town;
2.
Prosecute and defend all suits to which the Town or any of its officers
or any administrative personnel in their official capacity are a party,
or wherein any right, privilege, property, estate, act or franchise
of the Town may be affected or brought into question, before any court,
board of commissioners, or committee of the General Court of this
commonwealth;
3.
Under the direction of the Mayor, represent the Town before any committee
of the Legislature, administrative board or other public official
in any matter wherein the Town has an interest;
4.
Furnish all legal advice to the Mayor, Town Council, and all elected
or appointed Town officers, departments, boards and committees pertaining
to the discharge of their official duties. All requests for legal
opinions, other than routine day-to-day questions, shall be made in
writing to the Town Solicitor and routed through the Mayor's office
for purposes of administrative control;
5.
The Town Solicitor shall have charge of and perform, under the direction
of the Mayor, any and all other legal business of the Town except
as otherwise provided, including:
a.
Prosecution of cases. The Mayor, as provided in § 2-203 of the Ordinances, may instruct the Town Solicitor to prosecute any case of violation of Town ordinances or to defend any proceeding brought against any officer, employee, board or committees of the Town for acts done in the discharge of his/her/its official duties.
[Amended 6-20-2016 by Ord. No. 16-095]
b.
Employment of assistants. The Town Solicitor, in the discharge of
legal duties, may employ assistants and outside counsel, but, except
as otherwise expressly authorized by the Mayor, the Town Solicitor
shall be responsible for the acts of any assistants and outside counsel
so employed, and such assistants shall be paid by the Town Solicitor.
c.
Representation of all Town departments. The Town Solicitor shall
represent all Town departments, boards and committees in the conduct
of their official duties, and the salary therefor shall cover all
work performed, except that for the School Department, the examination
of titles to real estate, all legal work in the preparation or conduct
of litigation and hearings, either before administrative committees,
boards, courts or other tribunals, and except work done in connection
with the laying out, establishment, construction and maintenance of
sewerage, water, drainage or road systems.
d.
Settlement of claims. The Mayor, as provided in § 2-203 of the Ordinances, shall have full authority as agent of the Town, with the advice and consent of the Town Solicitor, to prosecute, defend, to compromise and settle all claims and suits pending to which the Town is a party and in relation to claims and suits.
[Amended 6-20-2016 by Ord. No. 16-095]
e.
Assignment of police. The Chief of Police, at the request of the
Town Solicitor and by order of the Mayor, shall assign a competent
police officer to the legal department to act under the Town Solicitor
in the investigation of all claims against the Town and to assist
the Town Solicitor in the preparation for trial and in the trial of
any hearings or litigation to which the Town is a party.
f.
Approval of legal bills. The Town Solicitor shall approve all bills
or charges against the legal department before final presentation
for approval and payment.
g.
Appointment of special counsel. No Town officer or agency, unless
specifically authorized to do so by the Mayor, shall employ, advise
with or consult any attorney or counselor at law, other than the Town
Solicitor, or his designee, with regard to its duties or to any Town
business. Whenever it is determined that the services of a legal specialist
are necessary or desirable, the Town Solicitor shall select such counsel
after consultation with the Mayor and the office or agency involved.
(a)
Establishment. There shall be a Treasurer-Collector appointed by
the Director of Municipal Finance.
(b)
Powers and duties. The Treasurer-Collector so appointed shall have
all the powers, perform the duties and be subject to the liabilities
and penalties now or hereafter conferred or imposed by law on Town
Treasurers and Collectors.
(a)
Establishment. There shall be a Tree Warden appointed by the Director
of Public Works.
(b)
Powers and duties. The Tree Warden shall have the care and control
of all public shade trees, shrubs and growths in the Town, except
those within a state highway. The Tree Warden shall enforce all provisions
of law relative to the protection and preservation of shade trees
in accordance with MGL c. 87.
(a)
Establishment. The Mayor shall appoint a resident of the Town of
Weymouth who shall be a veteran as defined in MGL c. 4, § 7,
Clause 43, as a Veterans' Graves Officer for a term of five years.
(b)
Powers and duties. The Veterans' Graves Officer shall be responsible
to see that every veteran's grave is suitably kept and cared for in
accordance with MGL c. 115, § 9.
(a)
Establishment. The Director of Administrative and Community Services
shall appoint a Veterans' Services Director in accordance with MGL
c. 115, § 10.
(b)
Powers and duties. The Veterans' Services Director shall furnish
information, advice and assistance to veterans relative to employment,
education, medical care, pensions and other benefits to which they
are or may be entitled in accordance with MGL c. 115, §§ 10
through 14. The Veterans' Services Director shall also serve as the
Burial Agent and Veterans' Graves Officer as otherwise provided in
these ordinances.
(a)
Establishment. The Inspector of Buildings shall appoint a Wire Inspector
in accordance with MGL c. 166, § 32.
(b)
Powers and duties. The Wire Inspector shall supervise every wire
over, under or in streets or buildings and every wire within a building
which is designed to carry electricity in accordance with MGL c. 166, § 32.
[Added 5-7-2018 by Ord.
No. 18-055; amended 6-21-2021 by Order No. 21-090]
(a)
Establishment. The Department of Asset Management shall be under
the direct control and supervision of a Director of Asset Management
who shall be appointed by and who shall be under the general direction
of and be responsible to the Mayor, the Superintendent of Schools,
or their designees. The Director of Asset Management shall serve for
an indefinite term. The Director of Asset Management shall be a person
especially fitted by education, experience, and training to perform
duties of the office.
(b)
Powers and duties. The Director of Asset Management shall be responsible
for the supervision and coordination of all activities of the Department
of Asset Management in accordance with state and federal statutes,
Town ordinances, rules and regulations.
