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5-1-1. Organization; Chief of Police.
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The Police Department shall be organized under the provisions of section 97A of chapter 41 of the General Laws. There shall be a Chief of Police, appointed by the Town Manager, for an indefinite term. The Town Manager, in consultation with the Board of Selectmen, shall determine the qualifications for appointment to the office of Chief of Police. The Chief of Police, once appointed, may only be removed from office for just cause, as defined and after a hearing in accordance with the provisions of Article VII, Section 7-13 of this charter.
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The Town Manager shall use an assessment process using not less
than three police professionals, not employed by the Town of Abington,
to evaluate candidates for the position of Chief of Police. The Chief
of Police shall be appointed on the basis of qualifications and fitness
for service.
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The Town Manager may enter into a contract of employment with
the Chief of Police in compliance with Section 4-3(n); however, there
shall be no defined term of office.
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5-1-2 Deputy Chief of Police.
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The Chief of Police shall appoint the Deputy Chief of Police. The Chief of Police shall determine the qualifications for appointment of the Deputy Chief of Police, provided however, that the Chief of Police shall use an assessment process, using not less than three police professionals, not employed by the Town of Abington, to evaluate candidates for the position of Deputy Chief of Police. The Deputy Chief shall be appointed on the basis of qualifications and fitness for service. The decision of the Chief of Police in the selection of the Deputy Chief of Police shall be final. The Deputy Chief of Police, once appointed, may only be removed from office for just cause and after a hearing in accordance with the provisions of Article VII, Section 7-13 of this Charter.
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5-1-3 Department Personnel and Officers.
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The Chief of Police shall appoint all other personnel and officers
of the department provided that appointment of all sergeants and patrol
officers shall be in accordance with the provisions of chapter 31
of the Massachusetts General Laws.
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There shall be a Fire Department organized under sections 42,
43 and 44 of chapter 48 of the General Laws. As provided in said chapter
48 there shall be a Fire Chief who shall be appointed by the Town
Manager, in accordance with the provisions of chapter 31 of the General
Laws and the rules made thereunder.
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The Fire Chief shall be responsible for the appointment, management
and supervision of personnel, shall be responsible for all operations
of the Fire Department, shall serve as the Town's forest fire
warden, and shall perform all fire related duties and tasks considered
necessary by the Town Manager.
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The Fire Chief shall be the appointing authority for all fire
department personnel and shall have full authority to appoint, demote,
suspend and terminate all employees, including firefighters, captains,
superior officers and the Deputy Fire Chief. The officers and firefighters
shall be appointed in accordance with the provisions of chapter 31
of the General Laws.
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5-3-1. Department of Public Works. There shall be a department
of public works under the supervision of a Director. Said department
shall include the Board of Sewer Commissioners, Board of Parks and
Recreation, Park Superintendent, Superintendent of Highways, Tree
Warden, and Trustees of Veterans Memorials and each of their respective
functions. The department of public works shall be responsible for:
the repair, alteration and maintenance of all Town-owned public works
related equipment, property and vehicles; central purchasing of all
public works related supplies, materials and equipment and management
of all contracts and projects for the repair, alteration, remodeling,
construction, reconstruction, maintenance or renovation of all town
public ways, sewer lines, grounds, facilities and equipment, except
those under the jurisdiction of the School Department and the Board
of Water Commissioners.
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Notwithstanding that the Board of Sewer Commissioners, Board
of Parks and Recreation, Park Superintendent, Superintendent of Highways,
Tree Warden, and Trustees of Veterans Memorials shall be part of the
Department of Public Works, such multiple member bodies and officers
shall continue to exercise their respective policy-making duties and
responsibilities under the General Laws, except as otherwise provided
in this charter.
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Additional public works functions, including but not limited
to solid waste collection and disposal, recycling, engineering, and
building maintenance, may be transferred to the said department, after
a public hearing, by vote of the Board of Selectmen upon a recommendation
from the Town Manager and Director of Department of Public Works.
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The department may, with the approval of the Town Manager and
Board of Selectmen, be organized into one or more operational divisions.
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5-3-2. Director of Department of Public Works. Powers and Duties. Said department shall be under the supervision of a Director of Public Works who shall exercise and perform, under the policy direction of the above-referenced boards and committees and the policy direction and supervision of the Town Manager, all of the powers, rights and duties to be exercised by the department in sections 5-3-1 and 5-3-2, except as otherwise provided. The Director shall be appointed by the Town Manager in accordance with the provision of Section 4-2(b) of this Charter, and may be removed by said Manager.
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Said director shall hold no other elective or appointive office
in the Town and shall not be engaged in any other business or occupation;
provided however, that the Director shall be eligible to also be appointed
as head of any division of the department of public works and such
service shall constitute a single position with the Town. The director
shall give to the Town a bond with a surety company authorized to
transact business in the commonwealth as surety for the faithful performance
of the Director's duties, in such sum and upon such conditions
as the town administrator shall require. Said Director shall report
to the Town Manager as to the doings of the office at such times as
said Manager may require. Said Director shall supervise day to day
operations and provide administrative coordination of the various
boards and committees and functions assigned to the department of
public works, and, for that purpose, shall supervise department division
heads or directors.
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5-3-3. Staffing. Appointments and Removals. The Town Manager shall appoint in accordance with Section 4-2(b), including division heads, directors, principal deputies or principal agents for any division or function of the department for which a multiple member body or officer provides policy direction, and, in addition to any requirements set forth in said sections, the Town Manager shall also consult with the Director of the department of public works and with the appropriate policy making multiple member body or officer. The Town Manager shall provide notice to any policy making multiple member board or officer of the department of any suspension or removal of employees assigned to any division thereof. The decision of the Town Manager in suspending or removing any person appointed by the Town Manager shall be final.
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