ADMINISTRATION
Article I. General
Sec. 3-1. Definitions
Sec. 3-2. Chief Administrator(A) Chief Executive (1) Duties
(2) Powers
Sec. 3-2A. Temporary Absence of Mayor
Article II. Departments
Sec. 3-3. Departmental organization
Sec. 3-4. Oaths of office
Sec. 3-5. Administrative policy and procedures
Sec. 3-6. Reserved
Sec. 3-7. Department of Treasury and Tax Collection
Sec. 3-8. Reserved
Sec. 3-9. Department of Public Works
Sec. 3-9A. Repealed (see Appendix V - Initiative Petition)
Sec. 3-10. Department of Records
Sec. 3-11. Community Development Department
Sec. 3-12. Department of Assessment
Sec. 3-13. Fire Department
Sec. 3-14. Reserved
Sec. 3-15. Police Department
Sec. 3-16. Joint Human Resources Department - (JHR)
Article III. Boards, Commissions and Officers
Sec. 3-16. Civil Defense Director
Sec. 3-17. Conservation Commission
Sec. 3-18. Constables
Sec. 3-19. Contributory Retirement Board
Sec. 3-20. Animal Control Officer
Sec. 3-21. Board of Health
Sec. 3-22. Historical Commission
Sec. 3-22A. Historic District Study Commission
Sec. 3-23. Licensing Board
Sec. 3-24. Registrars of Voters
Sec. 3-25. Commissioners of Trust Funds
Sec. 3-26. Youth Commission
Sec. 3-27. Housing Authority
Sec. 3-28. Veterans' Services Director
Sec. 3-29. Methuen Cultural Council
Sec. 3-30. Council on Aging
Sec. 3-31. Disability Commission
Sec. 3-32. Tourism Committee
Sec. 3-40. Board of Library Commissioners
Sec. 3-50. Residency Requirements
Sec. 3-60. Boards and Commissions Cost Reimbursement
Sec. 3-70. Public Advertisement for Boards and Commissions
Sec. 3-80. Establishing Ten Year Limit on Terms of Office
for Members of Boards and Commissions
Sec. 3-90. Travel and Participation in Training Sessions
Where Private Entities Provide Financing
CHAPTER 3 - ADMINISTRATION
As used in this Code, unless the context otherwise requires:
(1) "Chief Administrator" or "Administrator" is the Mayor or other officer vested with the executive powers of the City of Methuen.
(2) "City Council" or "Council" is the Council or other body vested with the legislative powers of the City of Methuen.
(3) "Officer" is an individual in service of the municipality lawfully vested in office and charged by statute or ordinance with the power and duty of exercising certain functions.
Section 3-2. Chief Administrator
A. Chief Executive
The Chief Administrator shall be the Chief Executive and Administrative Officer
of the City government, who shall enforce the laws of the City, the Commonwealth
of Massachusetts and require the faithful performance of all administrative
duties and shall:
1. Duties
a. Appoint, Dismiss, Etc.
Appoint competent, qualified officers and employees to the administrative service and shall have the power to dismiss, suspend and discipline, in accordance with the Personnel System, the Charter and Civil Service Law, where applicable, all officers and employees in the administrative service under his/her control.
b. Appoint to Acting Capacity
Designate himself or some other officer or employee, as provided in the Charter, to perform the duties of any other position in the administrative service under his/her her control which is vacant or which lacks administration due to the absence or disability of the incumbent.
c. Annual Report
Prepare and present to the Council an annual report of the City's affairs for the previous fiscal year, including a summary of reports of department heads, and such other reports as the Council shall require.
d. Budget Report
Assemble estimates of the financial needs and resources of the City for each ensuing year, and shall
prepare a program of activities within the financial power of the City, embodying in it a budget document
with proper supporting schedules and analyses.2. Powers
a. Assign According to Classification
Have the power to assign any employee of the City to any department or branch thereof requiring services
appropriate to the Personnel System classification of the employee so assigned.b. Prescribe Rules
Have the power to prescribe such rules and regulations as he/she shall deem necessary or expedient for the conduct of administrative agencies subject to his/her authority, and he/ she shall have the power to revoke, suspend, or amend any rule or regulation of the administrative service by whomever prescribed.
c. Investigate
Have the power, either by himself/herself, or by any officer or person designated for the purpose by him/her, to investigate and to examine or inquire into the affairs or operation of any department, division, bureau or office; and when so authorized by the Council, he/she shall have power to employ consultants and professional counsel to aid in such investigation, examinations or inquiries.
d. Override Officials
Except as otherwise provided in the Charter or the General Laws, have the power to se aside any action
taken by a department head and may supersede him/ her in the functions of his/her office.e. Delegate Duties
Except as otherwise provided in the Charter, the General Laws, or any other applicable labor agreements,
have the power to direct any department, division or bureau.f. Appoint Administrative Committees
Have the power to designate from the administrative service such committees and the officers thereof as he/she shall find necessary for the proper consideration of administrative problems. Such committees shall meet at the request of the Chief Administrator and shall make such recommendation on matters referred to them as they shall find necessary for the best interests of the City.
g. Appear Before Council
Have the power to appear before and address the Council at any meeting.
h. And exercise the duties prescribed in Section 3-2 of the Methuen Home Rule Charter.
Section 3-2A. Temporary Absence of Mayor
Whenever, by reasons of sickness, absence from the City or other unexpected cause, the Mayor shall be unable to perform the duties of his/her office for a period of three (3) successive working days or more, the City Council shall appoint from among its members, an Acting Mayor to serve in the Mayor's absence.
The Mayor shall be required to provide forty-eight (48) hours notice, in writing, to the City Council Chairman whenever he/she shall be absent for the above cited reasons for said three successive working days. If, due to medical inability, the Mayor is unable to personally provide such notice, then, and in that instance, his/her executive secretary shall provide such notice.
The Acting Mayor shall have all the powers of the Mayor except that he/she shall not make any permanent appointment or removal to or from any office unless the disability of the Mayor shall have continued for sixty (60) days or more without having resigned, nor shall he/she approve or disapprove of any measure passed by the City Council unless the time within the Mayor must act would expire before the return of the Mayor.
The City Council shall annually, at its organizational meeting, choose a designated Acting Mayor in the event that the Mayor is absent. Such designated Acting Mayor shall assume said duties on the fourth working day of the Mayor's absence.
(Ord. #551, Eff. Oct. 5th, 1995)
Section 3-3. Departmental Organization
A. The administrative service of the City shall be divided under the Administrator into the following departments and heads thereof:
Department of Records . . . . . . . . . . . . . . . . . . . . . . . City Clerk
Department of Police . . . . . . . . . . . . . . . . . . . . . . Chief of Police
Department of Fire . . . . . . . . . . . . . . . . . . . . . . . . . . . Fire Chief
Department of Public Works . . . . . . . . .Director of Public Works
Department of Assessment . . . . . . Chairman, Board of Assessors
Department of Community
Development . . . . . . . . . Community Development Director
Department of Treasury and
Tax Collection . . . . . . . . . . . . . . . . . Treasurer/Tax Collector
Department of Joint Human
Resources. . . . . . . . . . . . . . . . . Director of Joint Human Resources
B. Powers and Duties of Department Heads
The head of a department, subject to the Charter and ordinances and the approval or direction of the Administrator shall:
1. Prescribe the internal organization of the work of his/her department.
2. Direct and supervise the subordinate officers and employees of the department, and make, alter and enforce individual work assignments.
3. Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.
4. Maintain such records of work performance and unit costs thereof as may be approved or required by the Administrator.
5. Provide such information and reports on the work of the department as may from time to time be required by the Administrator.
6. Exercise such other or different powers of administrative supervision and direction as the Administrator may delegate to him/her.
(1973 Ord., Section 6.50)
Section 3-4. Oaths of Office
A. Persons Required to Take Oath of Office
Each of the following officers and employees in the administrative service shall be required to take an oath of office before entering upon the discharge of his/her duties, which oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the City Clerk.
1. Officers
The Chief Administrator and each officer.
2. Policemen
Every member of the Department of Police (including any private, special, temporary or substitute policemen which a City might find it necessary to appoint).
3. Firemen
Every member of the Department of Fire who serves on a full-time basis.
B. Form of Oath for the Chief Administrator and Officers
State of Massachusetts)
County of Essex ) ss.
City of Methuen )
I, , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Massachusetts and the Charter and ordinances of the City of Methuen; that I will faithfully, honestly and impartially discharge my duties as __ during my continuance therein; that I am not directly or indirectly financially interested in any public service corporation engaged in business in the City of Methuen, as described in Chapter 268A of the General Laws, or in or with any person or corporation having contracts with said City, so help me God.
Subscribed and sworn to before me this ____ day of
______________, 2_____.
City Clerk
C. Form of Oath for Members of Departments of Fire and Police
State of Massachusetts)
County of Essex ) ss.
City of Methuen )
I, , do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Massachusetts, and the Charter and ordinances of the City of Methuen; and that I will, to the best of my ability, faithfully perform the duties of the office of _________________ during my continuance therein, so help me God.
Subscribed and sworn to before me this _____ day of
______________, 2_____.
City Clerk
D. Form of Oath for Assessors
I, , having been chosen to assess taxes and estimate the value of property for the purpose of taxation for the City of Methuen for the years ensuing, do swear that I will truly and impartially, according to my best skill and judgment, assess and apportion all such taxes as I may during that time assess; that I will neither overvalue nor undervalue any property subject to taxation, and that I will faithfully perform all the duties of said office, so help me God.
Subscribed and sworn to before me this _____ day of
______________, 2_____.
City Clerk
Section 3- 5. Administrative Policy and Procedures
A. Officers
1. Perform Duties
Each officer shall perform duties required of his office by State law, the Charter, this Code and Ordinances of the City, and such other duties not in conflict therewith as may be required by the Administrator.
B. Department Heads; The Heads of Departments
1. Responsibility to Administrator
Be immediately responsible to the Administrator for the effective administration of their respective departments and all
activities assigned thereto.
2. Inaugurate Sound Practices
Keep informed as to the latest practices in their particular field and shall inaugurate, with the approval of the Administrator, such new practices as appear to be of benefit to the service and to the public.
3. Report to Administrator
Submit quarterly and annual reports of the activities of his Department to the Administrator as required by the City's ordinances or statutes of the Commonwealth.
4. Maintain Records
Establish and maintain a system of filing and indexing records and reports in sufficient detail to furnish all information
necessary for proper control of departmental activities and to form a basis for the periodic reports to the Administrator.
5. Maintain Equipment
Be responsible for the proper maintenance of all City Property and equipment used in his department.
6. Rules and Regulations
Initiate rules and regulations for their respective agencies pursuant to authority granted under ordinance, Charter or statute, provided, that such rules and regulations are filed with the City Clerk as provided for in Section 9-2 of the Methuen Home Rule Charter.
C. Departments
Each department shall:
1. Cooperate with Other Departments
Furnish, upon the direction of the Administrator, any other department such service, labor, and materials as may be
requisitioned by the head of such department and as its own facilities permit, through the same procedure and subject to same audit and control as other expenditures are incurred.
D. Operation of Administrative Service
All units in the administrative service shall:
1. Office Hours
Be open between the hours of 8:30 A.M. and 4:30 P.M. on weekdays and Monday evenings and shall be closed Saturdays, Sundays, and legal holidays unless otherwise directed by the Mayor.
2. Make Daily Deposit
Make a daily deposit with the City Treasurer of any monies received directly from the public.
3. Payment of Monies
Pay out monies belonging to the City only in the manner prescribed herein.
Section 3-6. Reserved (Ord. #215, Adopted Dec. 2nd, 1985)
Section 3-7. Department of Treasury and Tax Collection
A. The Department of Treasury and Tax Collection shall be supervised by the
City Treasurer/Tax Collector, who shall:
1. Accounts of Receipts and Expenditures
Keep in proper books, a full and accurate account of all monies received and disbursed by him in behalf of the City,
specifying the time of receipt and disbursement, from whom received and to whom disbursed, and on what account received and disbursed, and how paid.
2. Cancellation of Evidences of Debt
Cancel all warrants and other evidences of debt against the City, whenever paid by him, by writing or stamping across the face thereof the words "Paid by the City Treasurer", with the date of payment written or stamped thereon.
3. Receive and Disburse Monies
Receive and have custody of all monies paid to the City and shall disburse City monies upon the warrant of the
Accountant.
4. Pay City Employees
Pay City employees upon presentation of the properly certified payroll.
5. Collect Monies and Fees Due City
Demand and receive all monies and fees owing to the City whenever any person is indebted to the City in any manner, and the means of collection of such debt is not otherwise provided for by law. When any claim shall not be collectible by other methods, he shall report the same to the City Attorney for prosecution.
6. Monthly Settlement with Accountant
Once each month, he shall balance accounts with the Accountant, which monthly settlement shall show the balance
to the credit of the several funds for which the Treasurer/Tax Collector is responsible
(1973 Ord., Section 6.19 Revised)
Section 3-8. Reserved
Section 3-9. Department of Public Works
A. Director - Qualifications; Appointment
The Director of Public Works shall possess, as a minimum, a Bachelors' Degree
in civil engineering or its equivalent and no less than three years' experience
in the administration of public works or a similar activity.
B. Duties of Director of Public Works
The Director of Public Works shall be responsible for all matters relating to
construction, management, maintenance, and operation of the physical properties
of the City, except for School Department property.
C. Divisions of the Department of Public Works
The Department of Public Works shall be divided under the Director of Public
Works into the following Divisions and Bureaus and Supervisors thereof:
1. Division of Engineering, supervised by a civil engineer who shall perform or supervise all engineering services for the Department of Public Works and for such other departments of The City as may from time to time require such services.a. Bureau of Permits and Inspections, under the Division of Engineering and supervised by the
Civil engineer who shall (a-1) issue all permits for and inspect the work involved in the con-
struction of sewer and water services, sidewalks, curb cuts and street cuts; (a-2) inspect all public
works type construction in private subdivisions and issue necessary permits on such; and (a-3)
also be responsible for coordinating all administrative services of the department.
1A. Division of Management, which shall be directly supervised by the Director of Public works who shall be
responsible for central office administration as well as administration of all other divisions listed within Section
3-9.
2. Division of Highway and Sewers, which shall (a) collect garbage and rubbish; (b) operate the City landfill; (c) be responsible for the clearing of snow; (d) clean improved streets; (e) maintain and provide for adequate drainage on all streets, sidewalks and bridges; (f) operate and maintain all municipal off-street parking lots and areas; and (g) operate and maintain sewage systems.
a. Bureau of Traffic, which shall construct, install, repair and maintain all facilities of the Fire and
Police signal systems, traffic control signals, and any other electrically operated signals, but excluding the Police radio system. The services of this bureau shall be available to other departments once awarded by the Chief Administrator.
3. Division of Water, Pumping and Filtration, which shall operate and maintain the City water distribution system and shall pump, purify, soften and filter water supplied to the water distribution system.
4. Division of Environmental Management, which shall operate and maintain all City parks and cemeteries and other
City owned or controlled properties.
5. Division of Equipment Maintenance, which shall operate the municipal garage and shall maintain and provide for City uses all automotive equipment owned by the City, other than that used by the Departments of Fire and Police.
6. Division of Building Maintenance, which shall provide maintenance and custodial services for the municipal buildings and other such buildings as designated by the Director of Public Works.
(1973 Ord., Sec. 6.24 Revised; as amended by Ord. #441, Eff. 7-1-92)
D. Forest Lake Commission
1. Creation of Commission
There is hereby created a Forest Lake Commission to be administratively placed within the Department of Public Works.
2. Membership
The Commission shall consist of five members who shall serve for three year terms, so arranged that as nearly one-third of the terms shall expire annually in January of each year. The members of this Commission shall be appointed by the Mayor, subject to approval of the City Council, and the Mayor shall annually designate one of the members Chairman thereof.
3. Jurisdiction
The Commission shall, subject to review and authority of the Mayor and Director of Public Works, have control and jurisdiction over the Forest Lake City beach and forest.
4. Public Recreation Plan
The Commission is specifically directed annually to hold public hearings and workshops and take such other steps as may be required to learn the opinion of the citizens as to the best method to maximize the recreational advantages to which the city beach and forest may be put. Such Commission shall thereafter annually prepare for approval by the Mayor a public recreation plan for the beach and forest.
5. Initial Appointments
The Mayor shall, as soon as possible after approval of this ordinance, appoint all five members with terms to expire
as follows:
Two members January 2nd, 1988
Two members January 2nd, 1989
One member January 2nd, 1990(Ord. #269, Eff. Sept. 3rd, 1987)
Section 3-9A. Repealed (See Appendix V, Initiative
Petitions Adopted by the Municipality)
Section 3-10. Department of Records
The Department of Records shall consist of the City Clerk who shall be the head
of the Department of Records and shall be the keeper of the City archives, the
keeper of vital statistics¸ the custodian of the City seal and all public
records belonging to the City, shall administer the oath of office to all City
officers who apply to him/her for that purpose and shall perform all other duties
with regard to the regulation and conduct of elections and such other matters
as may be provided by General Laws.
The Licensing Board, as created under Section 3-23 hereof, shall be a part of
the Department of Records, administratively controlled by the City Clerk.
1. Mode of Appointment; Term of Office
The Administrator shall appoint a City Clerk. The City Clerk shall serve for
a three year term.
2. Qualifications
The City Clerk shall be a person especially fitted by education, training and
previous experience to perform the duties of the office.
(1973 Ord., Sec. 6.18 Revised; as further amended by Ord. #486,
Eff. July 1st, 1993;
as further amended by Chapter 148 of the Acts and Resolves of 1996, approved
by the
voters November 5th, 1996)
Section 3-11. Community Development Department
A. General
Pursuant to the provisions of Section 1 of Chapter 550 of the Acts of 1978,
the following Boards, Commissions and Offices are hereby repealed and their
powers, duties and functions transferred: Methuen Redevelopment Authority, Planning
Board, Methuen Industrial Development Commission and Methuen Industrial Finance
Authority, and, the following Offices and Boards are placed under the administrative
control of the Community Development Department: Zoning Board of Appeals; Building,
Planning & Construction Committee; Building Commissioner; Sealer of Weights
and Measures; Wire Inspector; and Plumbing and Gas Inspector.
B. Creation
Pursuant to the provisions of Chapter 550 of the Acts of 1978, there is hereby
established a Community Development Department which shall act as the administrative
and planning entity responsible for proper development and execution of the
community and economic development objectives of Methuen as may from time to
time be established by the City Council in the exercise of its lawful legislative
function. There shall be the following divisions in this department: a) Inspection
Division; b) Planning Division; and c) Community Development Division.
C. Community Development Director (Economic Development Director)
There is hereby established the position of Community Development Director (Economic
Development Director), hereinafter referred to as the Director, and administrative
officer who shall be appointed by and be responsible to the Mayor. Said position
is created in accordance with Section 2 of the aforementioned Chapter 550. The
Director shall be appointed by the Mayor for a three year term from the date
of his initial appointment. The Director of Community Development shall possess
a Masters' Degree in city planning, or its equivalent, and no less than five
years' progressive experience in community and economic development, comprehensive
planning and marketing.
1. Powers and Duties
The Director, on behalf of the Department, shall:
a) Supervise and direct all employees of the Department.
b) Advise the Mayor and City Council on all matters affecting the physical growth and development of the
City when requested or required to do so.
c) Issue or delegate the responsibility to the Division Head to issue all permits, certificates, orders and notifications resulting from decisions on the ordinances administered by the Department.
d) Coordinate physical inspections made by the Department.
e) Recommend action on subdivision plats to the Community Development Board.
f) Serve as secretary to the Community Development Board and be the official custodian of its records.
g) Establish liaison and close working relationship with the administrative offices of the City and other local government agencies and institutions in order for plans of the area to be coordinated.
h) Promote the realization of the comprehensive plan.
i) Provide information to the public on community development problems and develop a program of citizen participation.
j) He shall be responsible for the preparation and submission, in conjunction with the Mayor, of all grants to state, federal, or other authorities which promote economic, social and community development within the community.
k) He shall be responsible for the preparation, implementation, coordination and education of energy programs as directed by the Mayor.
l) He shall perform such other duties as the Mayor may requirem) He shall do yearly performance evaluations of department employees.
D. . Divisions of Community Development Department
1. Inspection Division
The Building Commissioner shall be the head of the Inspection Division and shall have the following duties:
a) He shall examine or cause to be examined all buildings upon which any work is to be done as often as practicable.
b) He shall, upon application, examine all buildings which are to be moved, raised or razed, enlarged,
altered, restored, built or re-built.
c) He shall examine all buildings which are reported to him as unsafe or dangerous.
d) In addition to the foregoing, he shall perform the powers and duties of the Building Commissioner
as provided in Chapter 143 of the General Laws and Chapter 11 of the City ordinances.
e) He shall administer and enforce the zoning ordinance and conduct inspections of all buildings, structures,
signs and uses of any premises to determine compliance and/or non-compliance with the terms of the Zoning Board.
f) He, or his subordinates, shall regulate and inspect all public and private electrical installations, boiler and
elevator installations, plumbing, heating, ventilation, refrigeration and air-conditioning systems as is required
by City ordinance and state law.
There shall be located within the Inspection Division the following positions: Electrical (Wire) Inspector, Plumbing and Gas Inspector, and Sealer of Weights and Measures, who shall exercise the functions and authority as provided for in the General Laws and by the City ordinances.
2. Planning Division
The Assistant Director for Planning shall be the head of the Planning Division of the Community Development Department. The Assistant Director's responsibilities are as follows:
a) He shall advise and make recommendations to the Director and the Community Development Board
on any changes to the comprehensive master plan for the municipality and regulatory ordinances
implementing said plan.
b) He shall undertake research studies and prepare and recommend a comprehensive plan, including
the development of more detailed plans and programs based on the comprehensive plan for area renewal,
conservation, rehabilitation or redevelopment.
c) He shall review and submit written comments to the Director upon all proposals to amend the zoning
ordinance, the subdivision ordinance, official zoning map and standards ordinance, and such other ordinances as the City Council or Mayor may refer to the department. From time to time, he shall make recommendations for the updating and revisions of the ordinances concerned or for the adoption of new ordinances related thereto.
d) He shall maintain the official zoning map and keep it up to date.
e) Perform capital improvement planning.
f) He shall prepare and recommend, and assist other departments of the City in the development of specific
projects intended to complement the comprehensive plan.
g) Review and make recommendations of permit applications before the Community Development Board, Zoning Board of Appeals, and Historic District Commission.
h) He shall perform such other duties as the Director may require.
3. Community Development Division
The Assistant Director for Community Development of the Department shall be the head of the Community Development Division.
The Divisional Head's responsibilities are as follows:
a) He shall advise and make recommendations to the Director on matters relevant to the economic
growth of the community.
b) He shall undertake research studies and prepare recommendations on economic, industrial and commercial potentials of the municipality. Such recommendations shall include the allocation and use of federal or state grants for development purposes.
c) Supervise and administer the grant programs of the Department.
d) Administer the Rehabilitation Program of the City.
e) Oversee the downtown (city) revitalization activities.
f) He shall perform such other duties as the Director may require.
1. Pursuant to the provisions of Chapter 550 of the Acts and Resolves of 1978, as amended by Chapter 194 of the Acts and Resolves of 1990, there is hereby established a Community Development Board which shall, in accordance with Section 6 of said Chapter 550, exercise the traditional planning functions attributed by statute to the Planning Board and which shall consist of seven members, all of whom shall be residents of Methuen and who shall be appointed by the Mayor under the provisions of the Methuen Home Rule Charter. Said members shall be so appointed that no more than three members shall have their terms expire in the same year and they shall thereafter be appointed for a term of three years. Members shall be appointed to said board such that each district shall have at least two members.
2. There is hereby established a Board of Appeals which will be appointed by the Mayor and will consist of five members and three alternate members. The terms of each member shall be for three years, so arranged that as nearly an equal number of terms as possible shall expire each year. The term of each alternate member shall be for one year. Said Board of Appeals shall hear and decide all appeals of actions taken by the Building Commissioner on matters which arise out of the enforcement of City ordinances relating to the construction, reconstruction, demolition or repair of buildings or other structures within the City. The Board of Appeals shall also hear and decide all appeals of
actions taken by the Community Development Board and other City officers under the zoning ordinance and subdivision control regulations. The Board of Appeals shall have such additional powers and duties as may be provided by Section 14 of Chapter 40A, Section 81Z of Chapter 41, and Section 3 of Chapter 143 and such additional powers and duties as may be further assigned to them by ordinance.
3. Building, Planning, Construction Committees
a) Composition, Mode of Appointment, Term of Office
In accordance with the provisions of the Methuen Home Rule Charter, the Mayor may from time to time appoint various Building, Planning, Construction Committees of an uneven number in size to be so determined by the Mayor, who shall be appointed for a fixed term, in accordance with the scope of duties to be performed by such committee; provided however, no fixed term shall be for more than three years and the appointments therein shall be so arranged so that as nearly as possible an equal number of
terms shall expire each year, and, provided further, that the continued existence of said committees shall be acted upon at the conclusion of its fifth year.
b) Qualifications of Members
The members of the Building, Planning and Construction Committees shall be persons especially fitted by education, training and previous experience to perform the duties of the office.
c) Powers and Duties
d) Building, Planning and Construction Committee shall, at the time of its creation by order and appointment, be commissioned with specific duties and responsibilities which may include the coordination of any design review powers and the supervision of any relevant construction, repairs and/or alterations of any public buildings; and/or recommend said action.
F. Financial Authority
As stipulated in Section 2 of said Chapter 550 of the Acts of 1978, the powers,
duties, and responsibilities of the boards, commissions and agencies abolished,
merged, and reposing in the Department of Community Development as they relate
to the traditional financial authority and obligations of each shall be vested
in the Mayor, provided however, that in the exercise of said executive and financial
authority, no action which shall result in the obligation of the full faith
and credit of the City of Methuen shall be obligated except by the affirmation
of the City Council as provided by law.
(Ord. #573, Eff. July 17th, 1996)
Section 3-12. Department of Assessment
A. Composition, Mode of Appointment, Term of Office
The Mayor shall appoint a Board of five Assessors. The terms of office of each
Assessor shall be for three years, so arranged that the term of at least one
Assessor shall expire in January of each year; provided however, that no less
than one Assessor shall be appointed from each district within the City of Methuen.
(Ord. #381, Eff. June 20th, 1990. For transitional provisions,
see Ord. #381.)
B. Qualifications of Members
The Assessors shall be persons who are especially fitted by education, training
and previous experience to perform the duties of the office.
C. Powers and Duties
The Assessors shall annually make a fair cash valuation of all property, both
real and personal, within the City. They shall have such powers and duties with
regard to the preparation of commitment lists and the fixing of the annual tax
rate, the abatement of taxes, the establishment and assessment of betterment
fees and of such other matters as are provided by Chapter 59 of the General
Laws.
(1973 Ord., Sec. 6.04)
Section 3-13. Fire Department
A. Creation
There is hereby created and established a Fire Department, consisting of a Chief
and such other members of said Fire Department as may from time to time be provided
for by the Mayor and the City Council. Said members shall be appointed in the
manner provided by the Charter and the General Laws.
B. Supervision over Department
The Fire Chief shall have the control, subject to the order and direction of
the Mayor, of the Fire Department, its personnel and all fire apparatus belonging
to the City.
C. Fire Chief
The Fire Chief shall have full charge of extinguishing fires in the City and
the protection of life and property in case of fire. He shall establish a program
of fire prevention and safety and provide for the training of all Fire Department
personnel. He shall have authority over the administration of the Fire Department
and shall make all rules and regulations for its operation, subject to the approval
of the Mayor. He shall report to the Mayor from time to time as the Mayor may
require.
The Fire Chief shall further discharge all duties required of his office by
the laws of the Commonwealth.
Section 3-14. Reserved
Section 3-15. Police Department
A. Department Created
There is hereby created a Police Department for the City which shall consist
of a Police Chief and those officers as may be required to assure the safety
of the citizens of the City.
B. Appointments
All appointments of Superior Officers of the rank of Sergeant and above within
the Department shall be made by the Mayor and confirmed by the Council as per
Section 3-2(b) of the Charter and subject to the provisions of Civil Service
Rules and Regulations.
C. Rank
The Chief of Police is the chief administrative officer of the Department and
the final departmental authority in all matters of policy, operations, and discipline.
He shall devote his whole time to the discharge of duties of his office. He
exercises all lawful powers of his office and issues such lawful orders as are
necessary to assure the effective performance of the Department.
D. Duties of the Chief of Police
Through the Chief of Police, the Department is responsible for the enforcement
of all laws coming within its legal jurisdiction. The Chief of Police is responsible
for planning, directing, coordinating, controlling and staffing all activities
of the Department. He is also responsible for its continued and efficient operation,
for the enforcement of rules and regulations within the Department, for the
completion and forwarding of such reports as may be required by proper authority
and for the Department's relations with local citizens, the local government,
and other related agencies.
He shall ensure compliance with all laws which the Department of officers have
authority to enforce. He shall organize and control all resources of the Department
to preserve peace and protect persons and property and enforce the law. He shall
develop a professional organizational structure for the Department, and establish
a routine of daily duties to be performed by officers. He shall designate an
officer to serve as Commanding Officer in his absence. He shall assign, detail,
or transfer any member or employee of the Department to or from any unit or
assignment whenever he shall deem such action to be in the best interest of
the efficiency, discipline or morale of the Department. He shall institute an
adequate and progressive program of training for members and employees of the
Department, and ensure that all members have available to them copies of the
Department's Police Manual. He shall promulgate all general and special orders
of the Department and issue on his own authority orders, written and oral, not
inconsistent with his powers, duties and responsibilities. He shall plan and
execute Police programs designed to prevent and repress crime, to apprehend
and prosecute offenders and to recover the property. He shall provide for investigation
into all cases of alleged or apparent misconduct by Departmental personnel.
He shall keep himself informed as to the affairs of the Department, ensuring
that the duties and the responsibilities of members and employees are being
properly discharged. He shall be responsible for the necessary delegation of
authority to those under his command, commensurate with their duties and responsibilities.
He shall exercise general supervision and inspection of all licensed public
places within the community. He shall develop or adopt new techniques to improve
effectiveness in the discharge of Police obligations of the Department.
E. General Responsibilities of Department
Police Officers are professionals and, as such, are expected to maintain exceptionally
high standards in the performance of their duties. Since the position of a Police
Officer is a public trust, it is important to avoid all situations involving
conflicts of interest, whether in fact or only in appearance. Effective and
efficient performance of his duty requires that a Police Officer maintain the
respect and cooperation of his community. This requirement dictates that the
conduct of all Police Officers be above reproach in all matters both within
and outside the Department. His general responsibilities include taking appropriate
action to:
Section 3-16. Joint Human Resources Department -(JHR)1) Protect life and property.
2) Preserve the peace.
3) Prevent crime.
4) Detect and arrest violators of the law.
5) Enforce all laws coming within departmental jurisdiction.
6) Supervise public functions (such as parades or dances)
where public order requires Police presence.
7) Respond to all emergencies.
It is the objective of the JHR to originate and lead Human Resources practices and objectives that will provide an employee-oriented, high performance culture that emphasizes empowerment, quality, productivity and standards, goal attainment, and the recruitment and ongoing development of a superior workforce.
To meet this objective the JHR shall be assigned the following functions and shall be managed by the Director of JHRD:
1) Establish and maintain with confidentiality as required by law the employee records files including employee materials and health records. In accordance with HIPPA;
2) Coordinate with and manage the civil service hiring process under Massachusetts Law. Said duties including the filing of all documents with and providing information to the Civil Service Commission, EEOC and applicable agencies;
3) Design and submit to the executive for approval and distribution human resources policies, procedures and programs. Then distribute these policies, procedures and programs to the departmental officers and employees as legally required;
4) Conduct and oversee training of employees on issues including ADA, FMLA, Mass. FMLA, MCAD, Civil Service, ERISA, HIPA, COBRA, EEOC and other employment related regulations;
5) Oversee departmental development, Human Resource Information Systems (HRIS), employee relations, training and development, benefits, compensation, organizational development, and employment. Participate in collective bargaining as may be directed by the Mayor or Superintendent;
6) Manage recruiting and staffing logistics;
7) Oversee performance management and improvement systems;
8) Handle organization development;
9) Conduct and manage employment issues including internal inquiries of complaints and ensuring city government and school compliance with regulatory concerns and reporting;
10) Conduct employee orientation, development, and training;
11) Manage employee policy development and documentation;
12) Oversee employee relations;
13) Manage employee communication;
14) Manage compensation and benefits administration;
15) Manage employee safety, welfare, wellness and health; and
16) Manage employee services and counseling including workers compensation, IOD benefits, health benefits and insurance;
17) Establish and maintain workforce management policies;
18) Oversee and coordinate return to duty of employees on injury or other leave.
The department shall in addition to the Director have such other employees as recommended by the executive. The salaries and benefits for these employees shall be set by the city council by ordinance. The costs for the position of the (JHRD) shall be born equally by the general government and the school system.
The Director of the Joint Human Resources Department shall be appointed by the Mayor provided that the Mayor seeks and obtains the consent to such appointment from the Superintendent of Schools. The Director's appointment shall also be subject to approval by the City Council. The Mayor shall be the appointing authority of the additional employees in the department subject to recommendation of the Director.
(Ord. #626, Eff.Oct. 15, 1997; as further amended by Ord. #814, Eff. July 9, 2007)
Article III. Boards, Commission and Officers
Section 3-16. Civil Defense Director
A. Mode of Appointment, Term of Office
The Mayor shall appoint a Civil Defense Director. The Civil Defense Director
shall serve for an indefinite term.
B. Qualifications
The Civil Defense Director shall be a person especially fitted by education,
training and previous experience to perform the duties of the office.
C. Powers and Duties
The Civil Defense Director shall be the head of the Department of Civil Defense
and shall be responsible for all emergency functions of the City in the event
of an emergency caused by natural or other means. He shall have the powers and
duties which are provided to the Office of Civil Defense Director by Section
13 of Chapter 639 of the Acts of 1950, as amended and published as Section 13-13
of Chapter 33, Appendix, MGLA.
(1973 Ord., Sec. 6.07)
Section 3-17. Conservation Commission
A. Composition, Mode of Appointment, Term of Office
There shall be a Conservation Commission to consist of seven members appointed
by the Mayor. The term of office of each member shall be for three years, so
arranged that as nearly an equal number of terms as is possible shall expire
each year. In addition to the seven members, the Mayor shall appoint two alternate
members pursuant to Chapter 373 of the Acts and Resolves of 1993. Said alternate
members may be designated by the Chairman of said Conservation Commission to
serve on said commission in the case of absence, inability to act, or conflict
of interest on the part of any member thereof; or, in the event of a vacancy
on the Commission until said vacancy is filled in accordance with the provisions
of said Section 8C of Chapter 40 of the General Laws.
The term of office of the alternate members shall be for three years or until
their successor are duly qualified.
B. Qualifications of Members
The members of the Conservation Commission shall be persons especially fitted
by education, training and previous experience to perform the duties of the
office.
C. Powers and Duties
The Conservation Commission shall be responsible for the promotion and development
of the natural resources and for the protection of the watershed resources of
the City. It shall discharge its legal duties under Massachusetts General Laws,
Chapter 131, Section 40, and Chapter 12 of the Methuen Municipal Code. It shall
conduct researches into local land areas and shall seek to coordinate the activities
of unofficial bodies organized for similar purposes. It may advertise, prepare,
print and distribute books, maps, charts, plans and pamphlets which, in its
judgment, it deems necessary for its work. It shall keep an index of all open
areas within the City for the purpose of planning for the proper utilization
of such open areas, including lands owned by the Commonwealth or lands owned
by another City or City. It shall keep an index of all open marshlands, swamps,
and all other wetlands in a like manner and may recommend to the City Council
and, subject to the approval of the City Council, to the State Department of
Natural Resources and to the State Reclamation Board a program for the better
promotion, development, or utilization of such areas. It shall keep accurate
records of its actions and shall file an annual report. The Commission may receive
gifts of property, both real and personal, in the name of the City, subject
to the approval of the City Council; such gifts to be managed and controlled
by the Conservation Commission for the purpose of this section, subject to the
approval of the Mayor. The Conservation Commission may acquire by gift, purchase,
grant, request, devise, lease, or otherwise the fee in any such land or water
rights or any lesser interest, development right, easement, covenant, or other
contractual right, including conveyances on conditions or with limitations or
reversions, as may be necessary to acquire, maintain, improve, protect, limit
the future use of, or otherwise conserve and properly utilize open spaces and
other land and water areas within the City, and shall control and manage the
same subject to the approval of the Mayor. For the purposes of this section,
the Conservation Commission may recommend to the City council that it take by
eminent domain under Chapter 79 of the General Laws, the fee or any lesser interest
in any land or waters located within the City, provided such taking is approved
by a two-thirds vote of the full City Council. Such land or waters shall thereupon
be under the control and jurisdiction of the Commission, subject to the approval
of the Mayor. Upon a like vote, the City may expend any monies which are held
in a conservation fund for the purpose of paying, I whole or in part, any damages
for which the City is liable by reason of any such taking. The Commission may
adopt rules and regulations governing the use of land and waters under its control
and prescribe penalties not exceeding Five Hundred Dollars ($500.00) for any
violation thereof.
(1973 Ord., Section 6.08 Revised; as amended by Ord. #501,
Eff. March 22nd, 1994
and Chapter 373 of the Acts and Resolves of 1993)
Section 3-18. Constables
A. Mode of Appointment, Term of Office
The Mayor shall appoint at least six Constables. The term of office of each
Constable shall be three years, so arranged that the term of at least two Constables
shall expire each year.
B. Qualifications
The Constables shall be persons especially fitted by education, training and
previous experience to perform the duties of the office.
C. Powers and Duties
The Constables shall have such authority to serve such writs and other civil
process as is provided to the office of the Constable by General Laws and otherwise.
(1973 Ord., Sec. 6.09)
Section 3-19. Contributory Retirement Board
A. Mode of Appointment, Term of Office
There shall be a Contributory Retirement Board which shall consist of five members,
as follows: The City Accountant shall be a member ex-officio; a second member
appointed by the Mayor; the third and fourth members shall be elected by the
members in service of such system from among their number, or from among persons
retired from such system, for a term not exceeding three years; and a fifth
member who shall not be an employee, a retiree or an official of the City and
shall be chosen by the other four members of the Board for a term not exceeding
three years. If the fifth member is not chosen by the other four members within
the thirty days after the expiration of the term of the fifth member, said member
shall be appointed by the Mayor, subject to confirmation by the City Council.
B. Qualifications of Members
The members of the Contributory Retirement Board shall be persons especially
fitted by education, training and previous experience to perform the duties
of the office.
C. Powers and Duties
The Contributory Retirement Board shall annually prepare a report showing the
financial condition of the system as of December 31st of the previous year.
Such report shall also contain statistical material and such other information
as the Board considers to be of general interest. Each year, on or before July
1st, the Board shall furnish to each member a statement relative to the status
of his account. The Board shall have such other powers and duties as are assigned
to such Boards by Section 20 of Chapter 32 of the General Laws.
(1973 Ord., Sec. 6-10)
Section 3-20. Animal Control Officer
A. Mode of Appointment, Term of Office
The Mayor shall appoint an Animal Control Officer. The Animal Control Officer
shall serve for an indefinite term.
B. Qualifications
The Animal Control Officer shall be a person especially suited by education,
training and previous experience to perform the duties of the office.
C. Powers and Duties
The Animal Control Officer shall be responsible for the enforcement of all laws
relating to dogs, including but not limited to Sections 136A through 174 of
Chapter 140 of the General Las, and Chapter 23 of the City ordinances.
(1973 Ord., Sec. 6.12)
Section 3-21. Board of Health
A. Mode of Appointment, Term of Office
The Mayor shall appoint a Board of Health which shall consist of three members,
one of whom shall be a physician. The term of office of each member shall be
for three years, so arranged that the term of office of one member shall expire
each year.
B. Qualifications
The members of the Board of Health shall be persons especially fitted by education,
training and previous experience to perform the duties of the office.
C. Powers and Duties
The Board of Health shall be responsible for formulation and enforcement of
regulations affecting the environment and actions affecting health. They shall
have such powers and duties as are provided to the members of a Board of Health
by Chapters 111 to 114 of the General Laws and as may otherwise be provided
under the State Sanitary Code and the City ordinances.
(1973 Ord., Sec. 6.14)
Section 3-22. Historical Commission
A. Composition, Mode of Appointment, Term of Office
The Mayor shall appoint a Historical Commission to consist of seven members.
The term of each member shall be for three years, so arranged that as nearly
an equal number of terms as is possible shall expire each year. In addition
to the members of the Commission, the Mayor shall appoint four alternate members
for two year terms. Said alternate members may be designated by the Chairman
of said Historical Commission to sit on said Commission as needed to fill a
member's seat on a temporary basis.
(Chapter 378 of the Acts and Resolves of 1993)
B. Qualifications of Members
The members of the Historical Commission shall be persons especially fitted
by education, training and previous experience to perform the duties of the
office.
C. Powers and Duties
The Historical Commission shall conduct research into places of historic and
archaeological value, shall cooperate with the State Archaeologist in conducting
such research or other service, and shall seek to coordinate the activities
of unofficial bodies organized for similar purposes. They may acquire by gift,
purchase, or otherwise, articles, artifacts, books, paintings, and other materials
of historical interest or value and shall provide a proper place for the storage
and display of any such materials as may be acquired. The Commission may advertise,
prepare, print and distribute books, maps, charts, plans, and pamphlets which
it deems necessary for its work. For the purpose of protecting and preserving
such places of interest as it deems worthy, it may recommend to the City Council,
and, subject to the approval of the City Council, that such places be certified
as a historical or archaeological landmark.
(1973 Ord., Sec. 6.15; as amended by Ord. #502, Eff. March 22nd,
1994)
Section 3-22A. Historic District Study Committee
Pursuant to Home Rule authority and Chapter 40C, Section 4 of the General Laws,
there is hereby established a seven member Historic District Study Committee.
In addition to the seven members, there shall be three alternate members who
shall act in the absence of any regular members.
The Study Committee shall be comprised as follows:
1) The Mayor may designate, as ex-officio members, any four members of the Historical Commission.
2) One member nominated by a local Historical Society or the Society for the Preservation of New England
Antiquities.
3) One member nominated by the local Chapter of the American Institute of Architects.
4) One member nominated by the Greater Lawrence Board of Realtors.
As to the members listed in items 2), 3) and 4), if, within thirty days after
submission of a written request to any of said organizations, no such nomination
has been made, the Mayor may designate the remaining Historical Commission members
as ex-officio to the Study Committee.
Said Study Committee shall discharge its functions as provided for in Chapter
40C, Massachusetts General Laws.
(Ord. #349, Eff. Aug. 7th, 1989)
Section 3-23. License Board
A. Composition, Mode of Appointment, Term of Office
The Mayor shall appoint a License Board to consist of three members. The term
of office of each member shall be for six years, so arranged that the term of
office of one member shall expire in each even numbered year.
B. Qualifications of Members
No person shall be appointed a member of the License Board unless he has been
a resident of the City of Methuen for at least two years immediately preceding
his appointment. No person shall be appointed a member of the License Board
who is, directly or indirectly, engaged in the manufacture or sale of alcoholic
beverages. One member shall be appointed from each of the two leading political
parties and the third member may also be appointed from one of said parties.
C. Powers and Duties
The License Board shall, subject to the provisions of Chapter 138 of the General
Laws, grant, issue, and regulate licenses for the sale of alcoholic beverages
to be consumed on or off the premises of such licensees as they may determine.
The License Board shall also be the licensing authority as defined in Section
1 of Chapter 140 of the General Laws.
(1973 Ord., Sec. 6-17)
Section 3-24. Registrars of Voters
A. Composition, Mode of Appointment, Term of Office
The Mayor shall appoint a Board of Registrars of Voters which shall consist
of three members and the City Clerk, ex-officio. The term of office of each
member shall be for three years, so arranged that the term of one member shall
expire each year.
B. Qualifications
The members of the Board of Registrars of Voters shall represent the two leading
political parties and, in no case, shall an appointment be made so as to cause
the Board to have more than two members, including the City Clerk, of the same
political party.
C. Powers and Duties
The Board of Registrars of Voters shall supervise the qualification of persons
to vote, shall certify the names of voters on nomination papers and petition
forms and shall hold hearings and decide all disputes relating to these matters.
They shall have all of the other powers relating to elections as are provided
by Chapter 51 of the General Laws.
(1973 Ord., Sec. 6.22)
Section 3-25. Commissioners of Trust Funds
A. Composition, Mode of Appointment, Term of Office
The Mayor shall appoint a Board of Commissioners of Trust Funds which shall
consist of three members. The term of office of each member shall be for three
years, so arranged that one term shall expire each year.
B. Qualifications of Members
The members of the Board of Trust Fund Commissioners shall be persons especially
fitted by education, training, and previous experience to perform the duties
of the office.
C. Powers and Duties
The Board of Trust Fund Commissioners shall have the management of all trust
funds given or bequeathed for the benefit of the City or the inhabitants of
the City, unless the donor, in making the gift or the bequest, shall otherwise
provide. The Board shall, so far as Consistent with the terms of the trusts,
manage and control the same, and distribute the income in accordance with the
terms of the respective trusts. The Board shall keep a record of its doings
and, at the close of each financial year, shall make a report to the Mayor showing
the total amount of the funds and their investments, receipts, and disbursements
on account of the same, setting forth in detail the sources of the receipts
and the purposes of the expenditures.
(1973 Ord., Sec. 6.23)
Section 3-26. Youth Commission
A. Composition, Mode of Appointment, Term of Office
The Mayor shall appoint, pursuant to Section 8E of Chapter 40, Massachusetts
General Laws, a Youth Commission which shall consist of seven members. The term
of office of each member shall be for three years, so arranged that as nearly
an equal number of terms as is possible shall expire each year.
B. Qualifications
The members of the Youth Commission shall be persons especially suited by education,
training, and previous experience to perform the duties of the office.
C. Powers and Duties
The Youth Commission shall plan, execute, and coordinate programs, services
and functions which are designed to meet the opportunities, challenges and problems
of the younger citizens of the City. The Commission shall further serve in an
advisory capacity to the Recreation Director. Said Youth Commission shall additionally
be the Supervisor of the Youth Commission Executive Director.
(1973 Ord., Sec. 6.25 Revised; as amended by Ord. #637, Eff. April 15th, 1998)
Section 3-27. Housing Authority
A. Composition, Mode of Appointment, Term of Office
There shall be a Housing Authority which shall consist of five members. Two
of these members shall be appointed by the Mayor, subject to City Council approval,
one of whom shall be appointed by the Department of Community Affairs of the
Commonwealth of Massachusetts, and two of whom shall be elected by the voters
of the City of Methuen. Of the two members appointed by the Mayor, one shall
be a representative or organized labor as provided for in Section 5 of Chapter
121B of the General Laws, and one shall be a tenant in a building owned and
operated by or on behalf of the Housing Authority as further provided for in
said Section 5. The terms of office of the three appointed members shall be
five years and the terms of the two elected members shall be two years.
B. Qualifications of Members
The appointed members of the Housing Authority shall be persons especially fitted
by education, training, and previous experience to perform the duties of the
office.
C. Powers and Duties
The Housing Authority shall have all of the powers and duties which are conferred
upon such authorities by Chapter 121B of the General Laws and shall be subject
to the limitations provided therein, including, but not limited to, the provision
of housing projects for families of low income and housing projects for elderly
persons of low income.
(1973 Ord., Sec. 6.27; as amended by Chapter 95 of the Acts and Resolves of
1993)
Section 3-28. Veterans' Services Director
A. Appointment, Term of Office
The Mayor shall appoint a Director Veterans' Services, Veterans' Agent, and
Veterans' Grave Officer. He/she shall serve for a three year term.
B. Qualifications
The Director of Veterans' Services shall be a Veteran especially fitted by education,
training, and previous experience to perform the duties of the office.
C. Powers and Duties
The Director of Veterans' Services shall furnish information, advice and assistance
to the Veterans relative to employment, education, medical care and other benefits,
and shall see that every Veteran's grave is suitably cared for.
(1973 Ord., Sec. 6.31; as amended by Chapter 148 of the Acts and Resolves of
1996)
Section 3-29. Methuen Cultural Council
A. Composition, Mode of Appointment, Term of Office
Pursuant to the provisions of Section 58 of Chapter 10, Massachusetts General
Laws, there shall be a Methuen Cultural Council consisting of seven members.
The Mayor shall appoint the members thereof for three year terms, provided that
no member shall serve for more than two consecutive terms. Members of the Methuen
Cultural Council shall thereafter annually elect a Chairman, Secretary and Treasurer.
B. Qualification of Members
Members of the Methuen Cultural Council shall have demonstrated scholarship
or creativity in or distinguished service to the arts and humanities or interpretive
services.
C. Prohibitions
No elected public official shall, during his/her term in office, be appointed
to or serve as a member of the Methuen Cultural Council
D. Filling of Vacancies
Upon a vacancy, for any reason, his/her successor, if any, shall be appointed
for a term of three years.
E. Special Employee Status
For the purposes of Chapter 268A, Massachusetts General Laws, members shall
be considered special municipal employees.
F. Powers and Duties
Subject to the rules, regulations, rulings or guidelines of the Massachusetts
Cultural Council, such Council may decide the distribution of arts lottery funds
or other funds that may be allocable to them; may also conduct other activities
to promote and encourage the arts; may enter into contracts subject to the approval
of the City Solicitor as to form; and may do and perform any and all acts which
may be necessary or desirable to carry out such powers and purposes of Sections
56 through 58 of Chapter 10.
G. Acquisition and Location of Funds
Notwithstanding the provisions of Section 53A of Chapter 44 of the General Laws,
the Cultural Council may accept grants, gifts, contributions, bequests, devises,
and other donations from all sources, including governmental bodies, and shall
deposit such monies and any other revenues, including revenues derived from
Council activities, in a revolving fund established under the provisions of
Section 58 of Chapter 10. Funds received from sources other than the arts lottery
fund may be disbursed at the discretion of the local Council for the same purposes
as the arts lottery funds, including administrative expenses. Provided however,
that the Massachusetts Cultural Council may, by rule, regulation, ruling or
guideline, establish further clarification of such purposes, as well as procedures
to assure that such funds are so used.
H. Methuen Cultural Council Revolving Fund
Notwithstanding the provisions of Section 53 of Chapter 44 of the General Laws,
the municipality shall establish in the City Treasury a revolving account which
shall be kept separate and apart from all other monies by the Treasurer and
in which shall be deposited all receipts from the State's art lottery funds
distributed under the provisions of Section 56 of Chapter 10 of the General
Laws and any other receipts or donations to the Methuen Cultural Council authorized
by law. The Treasurer of the City of Methuen is hereby designated as custodian
of said funds and may invest such portion of cash as deemed not required until
such funds are to be expended, provided that such investments are made pursuant
to the provisions of Section 55 of Chapter 44 of the General Laws. All such
funds, including interest earned thereon, may be expended at the direction of
the Methuen Cultural Council without further appropriation; provided further,
that such funds as shall not have been expended twelve months after receipt
shall be segregated and subject to further appropriation by the Mayor for the
purposes provided in Sections 56 to 58 of Chapter 10.
I. Annual Report
The City Accountant shall submit annually a report of said revolving fund to
the Mayor and City Council for their review and a copy of said report shall
be submitted to the Director of the Bureau of Accounts and the Massachusetts
Cultural Council.
J. Other Duties and Authority
Subject to the approval of the Mayor, the Methuen Cultural Council shall be
responsible for the planning, coordination and carrying out of programs, services
and functions designed to serve the cultural interests of persons of all ages
in Methuen. They shall encourage and assist programs in arts, crafts, hobbies
and such other areas deemed necessary or desirable and support other community
organizations with similar missions.
(Ord. #115, May 1982; as amended by Ord. #212, adopted Dec. 2nd, 1985)
Section 3-30. Council on Aging
A. Mode of Appointment, Term of Office
The Mayor shall appoint a Council on Aging to consist of seven members. The
term of office of each member shall be for three years, so arranged that as
nearly an equal number of terms as is possible shall expire each year.
B. Qualifications of Members
The members of the Council on Aging shall be persons especially fitted by education,
training, and previous experience to perform the duties of the office.
C. Powers and Duties
The Council on Aging shall plan, coordinate and carry out programs, services
and functions designed to meet the needs of the aging citizens of the City in
coordination with the Executive Office of Elder Affairs.
(1973 Ord., as amended by Ord. #63, July 1978)
Section 3-31. Municipal Disability Commission
A. Composition, Mode of Appointment, Term of Office
Pursuant to the provisions of Section 8J of Chapter 40 of the Massachusetts
General Laws, as most recently amended by Chapter 390 of the Acts and Resolves
of 1991, there is hereby established a Methuen Commission on Disability which
shall consist of nine members. Appointments to the Commission shall be made
by the Mayor, subject to approval by the City Council, for a term of three years,
so arranged that the term of one-third of its members shall expire annually
in July of each year. A majority of said Commission members shall consist of
people with disabilities. One member shall be a member of an immediate family
of a person with a disability and one member of said Commission shall be either
an elected or appointed official of the City of Methuen. The remaining members
may be appointed from the citizenry at large.
B. Powers and Duties
It shall be the duty of the Commission to cause the full integration and participation
of people with disabilities in the City of Methuen. Such powers and duties shall
consist of the ability to:
1) Research local problems of people with disabilities.
2) Advise and assist municipal officials and employees in insuring compliance with State and Federal laws
and regulations that affect people with disabilities.
3) Coordinate and carry out programs designed to meet the problems of people with disabilities, in coordination
with programs of the Massachusetts Office on Disability.
4) Review and make recommendations about policies, procedures, services, activities and facilities of departments,
boards and agencies of Methuen as they affect people with disabilities.
5) Provide information, referrals, guidelines and technical assistance to individuals, public agencies, businesses and
organizations in all matters pertaining to disabilities.
6) Coordinate activities of other local groups organized for similar purposes.
Said Commission, in discharge of this responsibility, shall keep records of
its meetings and actions and shall file an annual report which shall be printed
in the Methuen Annual Report and shall have at least ten meetings annually.
C. Further Powers
Said Commission may receive gifts of property, both real and personal, in the
name of the City, subject to the approval of the City Council; such gifts to
be managed and controlled by said Commission for the purposes of this ordinance.
D. Vacancies
A vacancy occurring otherwise than by expiration of a term shall be filled for
the unexpired term in the same manner as the original appointment.
E. Removal
Any member of said Commission may, after a public hearing, if so requested,
be removed for cause by the appointing authority.
F. Chairperson
The Chairperson and other officers shall be chosen by a majority of said Commission
members.
(Ord. #151, Eff. June 1984; as amended by Ord. #161, Eff. Oct. 4th, 1984; as
amended by Ord. #213, adopted Dec. 2nd 1985; as further amended by Ord. #425,
adopted Nov. 6th, 1991; as amended by Ord. #437, adopted May 18th, 1992)
Section 3-32. Tourism Committee
A. Composition, Mode of Appointment, Term of Office
There is hereby established a Committee on Tourism consisting of seven members.
The Mayor shall appoint the members thereof for three year terms, so arranged
that the terms of two members shall expire in January of each year. The Mayor
shall further, annually, in January, choose a Chairman thereof.
B. Qualification of Members
Members of the Committee shall be especially fitted by education, training,
and previous experience to perform the duties of the office.
C. Powers and Duties
The Committee on Tourism shall act to strengthen efforts of tourism, travel
and recreation and to attract and service visitors to the City of Methuen, and,
to better manage and distribute the influx of said tourists. Said Committee
is further specifically charged to, as soon as possible and in conjunction with
the Methuen Cultural Council, the Community Development Board, the Historical
Commission, the Methuen Board of Trade and the business community, and such
other relevant agencies, draft and prepare a brochure on the City of Methuen,
emphasizing those attractions which enhance the opportunities for tourism and
recreation in the City of Methuen.
(Ord. #236, adopted Sept. 2nd, 1986, Eff. Oct. 2nd, 1986)
Section 3-40. Board of Library Commissioners
In and pursuant to a Lease Agreement between the Nevins Memorial Library and
the City of Methuen entered and executed in March 1999, there is hereby created
a Board of Library Commissioners.
Said Board of Library Commissioners shall serve ex-officio in said position
as they are the Trustees of the Nevins Memorial Library. It should be the function
and the duty of the Board of Library Commissioners to perform those requirements
as established under the Lease Agreement aforementioned and as may hereinafter
be amended by the parties.
When an officer ceases to be a Trustee of the Nevins Memorial Library, he/she
shall additionally automatically cease to be on the Board of Library Commissioners
and his/her successor as a Trustee shall of the Nevins Memorial Library shall
automatically make him/her an ex-officio member of the Board of Library Commissioners.
(Ord. #668, Eff. March 15th, 1999)
Section 3-50. Residency Requirement
In addition to other requirements imposed under the General Laws, appointment
and continued tenure on any of the Boards and Commissions in the municipality,
shall be based upon residency in the community. The residency requirement in
this section shall not apply to a Physician member of the Board of Health provided
that he/she is a resident of the Commonwealth of Massachusetts.
(Amended by Ord. #216, Adopted Dec. 16th, 1985; and as further
amended by
Ord. #463, Adopted January 19th, 1993)
Section 3-60. Boards and Commissions Cost Reimbursement
A. The Mayor is hereby authorized to reimburse members of Boards and Commissions
for losses and costs associated with performing their public duties in the following
limited matters:
1) Automobile expenses for site visitations incurred while examining areas relative to an application for permit or like matters.
2) Loss of wages or other compensation incurred while appearing before State, County, Regional or Federal Boards or Agencies, or, appearing in court in matters related to a Board or Commission decision if such appearance is necessary to further the public interests.
3) Costs, such as travel, tuition and the like incurred as a result of attending seminars, conferences and the like designed to to better prepare the Board or Commission member for the performance of his or her duties.
4) Any other matter which the Mayor shall determine serves the public interest if approved by vote of the City Council.
B. Requests for reimbursement shall be made upon a form approved by the Mayor
which shall, as a minimum, identify the following matters:
1) Name of individual making request.
2) Board or Commission on which person serves.
3) Type of reimbursement requested and why it was necessary to incur such cost.
4) Amount of reimbursement, with back-up adequate in the opinion of the City Accountant to satisfy applicable
provisions for payment.
5) A description of how public need was or is benefited.
Each request shall be made prior to the expense being incurred.
C. The Mayor shall, semi-annually, make a full report to the City Council
summarizing the payments made and why the request was approved. The Council
may request any further information as it deems necessary to audit the efficiency
of this program.
D. The Mayor may request the establishment of a special account for the payments
of such expenses as outlined herein. Payment of such requests are contingent
upon the following:
1) The adequate demonstration of the expense incurred by the individual.
2) The certification by the Mayor that priority of public need requires recognition of such reimbursement
3) The adequacy of the appropriation made to the account for the payment of such request.
4) The legality of a payment being made to the individual Board or Commission member.
F. It is the expressed intent that this ordinance only reimburse the individual for losses or expenses suffered in the performance of his/her public duties. This ordinance shall not be interpreted to provide a salary or any like emolument upon Boards and Commissions not heretofore compensated.
(Ord. #187, Eff. May 1st, 1985)
Section 3-70. Public Advertisement for Boards and Commissions
No appointment or approval of appointment to any Board, Commission or Committee shall be made unless and until the Mayor shall have previously published a notice of vacancy for said position. Such publication shall be placed in a newspaper of general circulation within the community, notifying all citizens of their right to apply for a specific vacancy on a Board, Commission or Committee and notifying them of the closing date for their application. This shall be an unpaid advertisement. All appointments to Boards, Commissions and Committees shall be made from the list of established applicants responding to this newspaper advertisement and the Mayor is hereinafter directed on all appointments to the above Boards, Commissions and Committees to certify, at time of appointment, compliance with the provisions of this ordinance.
(Ord. 230, Approved May 7th, 1986, Eff. June 6th, 1986)
Section 3-80. Establishing Ten Year Limit on Terms of Office for Boards and Commissions
A. No person shall be appointed to or serve in the office of a Board or Commission as defined herein for a period in excess of ten years, excepting upon a majority vote of the City Council of the City of Methuen. Provided however, that, should a person, upon his/her re-appointment, have served less than ten years, then such restriction shall be interpreted to allow him/her to serve out the balance of any specific term of office past said ten year point, but he/she shall not thereafter be re-appointed except in accordance with this ordinance.
B. The term "Board" or "Commission", as used herein, shall mean Community Development Board, Zoning Board of Appeals, Licensing Board, Housing Authority, and Conservation Commission.
C. This ordinance shall apply to all currently serving members on said Boards
and Commissions, as well as to all future appointees and shall be interpreted
to apply from their first day of appointment.
(Ord. #374, Adopted April 5th, 1990; and as further amended
by
Ord. #796, Adopted Mar. 6th, 2006; Eff. Apr. 5th, 2006, and as further amended
by Ord. #806, Repealing Ord. # 374, Adopted Aug. 7, 2006, Eff. Sept. 6, 2006)
Section 3-90. Travel and Participation in Training Sessions
Where Private Entities
Provide Financing
A. General Provisions
This ordinance shall apply to all offices, departments, agencies, boards and commissions, as well as officers of the City of Methuen.
B. Purpose
The purpose of this ordinance is to provide all officers, agents, and employees of the City of Methuen with uniform rules and procedures governing travel and participation in training sessions where private entities provide financing.
C. General Principles
City of Methuen employees may accept and participate in travel and events for which private sources pay part or all of the costs. Such participation is subject to the following general conditions:
1) The employee must comply with this ordinance.
2) The Mayor must make a determination that the travel or event serves a legitimate public purpose and that the benefit to the City of the employee's participation in the travel or event outweighs any special non-work related benefit to the employee or the private sponsor.
3) Family members and friends shall not accompany City employees on work-related matters.
D. Approval Procedure
1) Pre-Approval by Mayor
Any proposal to travel or attend an event for which a party other than the individual employee or the City will pay
any portion of the expenses must be approved in advance by the Mayor and the Department Head, as applicable.
2) Contents of the Proposal
Any employee seeking travel where a part or all of the expenses are to be covered by a private party must submit a
written proposal signed under the pains and penalties of perjury that provides, as a minimum, the following information:a) A statement of the purpose of travel or other event, including a discussion of the anticipated
benefit of the travel or event to the City and anticipated work-related benefit to the employee.b) A full itinerary or schedule of the travel or event, including dates of travel, places of stay, and modes
of transportation.c) A detailed estimate of the full cost of the trip, including a breakout of anticipated expenses,
specifying which expenses will be borne by the City, all private parties, and the employee.d) A list of all persons accompanying the employee, including other City employees.
e) A full description of the private party(Des) proposing to subsidize the travel or event, including name,
address, telephone number, primary business activity, and the business or other relationship between the
private party and the City. This description shall further include the specific name of the private
individual authorizing payment for the subject travel.f) A description of all activities offered, including for example, accommodations, sports or athletic events,
meals, or entertainment and a statement of the employee's intent to participate in such activities.g) A statement detailing arrangements to extend travel for personal purposes, if any.
Copies of all hotel brochures, meeting agendas, or similar publications that support or describe the purpose of the trip or the method of travel and accommodation shall be attached to the proposal.
3) Legitimate Public PurposeThe Department Head, as applicable, and the Mayor must determine that the proposed travel or event serves a legitimate public purpose which is not outweighed by any actual or apparent special benefit to the public employee or private sponsor.
Reasons for such determination may include that continuous training and education of public employees is necessary to improve efficiency and effectiveness of public services and that, in the particular instance, the private entity is making available opportunities for such training and education at no cost or at reduced cost to the public.
4) Approval/Disapproval or Modification by the Mayor
In considering a proposal for privately sponsored travel, the Mayor shall balance the legitimate public interest in allowing such travel against the appearance or existence of any conflict of interest. In making such determination, the Mayor shall consider:
a) each of the items listed above;
b) the accepted practices of the private sector regarding acceptance of such travel from other parties; and
c) the extent to which such proposed expenses for travel, meals and entertainment or other activities may convey an appearance of special benefit for any employee.
Upon review, the Mayor may either approve the proposal as submitted, disapprove the proposal, or modify the proposal.
E. Post-Trip Audit/Certification
Within two weeks of the employee's return to work, he/she must submit a statement of reconciliation, signed under the pains and penalties of perjury, to the Mayor stating whether or not the actual travel or event differed from the proposal in any significant way. This statement must include a description of any material changes.
F. Record Keeping
Each agency shall maintain a file of all travel proposals and subsequent reconciliation statements for employees of their department or agency, as approved in writing by the Department Head and the Mayor. The City Council of the City of Methuen may, at its option, require the submission to it of copies of the approved travel proposals and subsequent reconciliation statements.
Further, these records shall be considered public records, subject to review by the inhabitants of the City of Methuen.
G. Forms
The proposal submittals shall utilize a form in a similar format to that provided for under 801 CMR 7.00 et seq. from the Executive Office of Administration and Finance entitled "Authorization for Privately Subsidized Travel".
(Ord. #512, Elf. July 6th, 1994)