CHAPTER 2.
ADMINISTRATION.
As to inspector of buildings, see §§ 4-3 to 4-6 of this Revision. As to superintendent of wires, see §§ 7-1 to 7-2. As to bureau of fire prevention, see §§ 8-7 to 8-10. As to fire department, see §§ 8-11 to 8-20. As to licensing board, see §§ 12-4 to 12-7. As to city forester, see § 15-1. As to recreation commission, see §§ 15-8 to 15-11. As to personnel regulations generally, see Ch. 16. As to personnel board, see §§ 16-8 to 16-10. As to police department, see Ch. 18. As to water department, see §§ 21-9 to 21-13. As to zoning board of appeals, see §§ 22-28 to 22-31 of the zoning ordinance.
Article I. In General.
§ 2-1. Oath of office of officers.
§ 2-2. Bond of officers and employees– Required.
§ 2-3. Same– Custody.
§ 2-4. Expenditures and reports of officers and boards; financial year.
§ 2-5. Notice to comptroller of payment to treasurer.
§ 2-6. Appointment of employees and officers.
§ 2-6a. Appointment of professional consultants.
§ 2-7. Labor and materials to be paid for in advance.
§ 2-8. Custody of contracts; copies of contracts to be filed with city clerk.
Article II. Mayor.
§ 2-9. Appointments by mayor– Designated.
§ 2-10. Same– To be confirmed by council.
§ 2-11. Failure of certain vacancies.
§ 2-12. Acceptance of equipment, supplies, etc., from federal government.
§ 2-13. Office hours.
Article III. City Council.
§ 2-14. Meeting place.
§ 2-15. Election of president.
§ 2-16. Regular meetings.
§ 2-17. Special meetings.
§ 2-18. Election of city clerk.
§ 2-19. Appointment of measurers of wood and bark.
Article IV. City Clerk.
§ 2-20. Duties generally.
§ 2-20A. Assistant city clerk.
§ 2-21. Office hours.
Article V. City Solicitor.
§ 2-22. Appointment; qualifications.
§ 2-23. Duties generally.
§ 2-24. Compensation.
Article VI. City Treasurer.
§ 2-25. Appointment; term.
§ 2-26. Duties generally.
§ 2-27. Office hours.
Article VII. City Collector.
§ 2-28. Appointment; term.
§ 2-29. Duties generally.
§ 2-30. Office hours.
Article VIII. City Comptroller.
§ 2-31. Appointment; term.
§ 2-32. Duties generally.
§ 2-32-A. Department of financial services.
§ 2-32-AA. Matters exempt from procurement procedures.
§ 2-33. Office hours.
Article IX. Purchasing Agent.
§ 2-34. Appointment; term.
§ 2-35. Purchasing procedure– Generally.
§ 2-36. Same– Items requiring advertising.
§ 2-37. Same– School committee and library trustees.
§ 2-38. Rules and regulations.
Article X. Inspector of Weights and Measures.
§ 2-39. Appointment.
§ 2-40. Duties generally.
§ 2-41. Compensation.
§ 2-42. Office hours.
§ 2-42. 1 Fee schedule.
Article XI. Assessing Department.
§ 2-43. Charge; appointment and term; powers and duties.
§ 2-44. Organization; selection of officers; quorum.
§ 2-45. Oath.
§ 2-46. Office hours.
Article XII. Public Library Department.
§ 2-47. Established; appointment and compensation of members.
§ 2-48. Board of trustees– Appointment; term.
§ 2-49. Same– Election of chairman and secretary; quorum.
§ 2-50. Same– Duties generally.
Article XIII. Department of Veterans' Services.
§ 2-51. Established; appointment, qualifications and term of director.
§ 2-52. Duties generally.
§ 2-53. Office hours.
Article XIV. Department of Public Works.
§ 2-54. Established; administration.
§ 2-55. Water/wastewater treatment plant commission– Appointment and term of members, chairperson and secretary.
§ 2-55.1. Same– Removal of members.
§ 2-55.2. Same– Compensation of members.
§ 2-56. Same– Powers and duties; meetings.
§ 2-57. Director of public works– Appointment, qualifications, term and removal.
§ 2-58. Same– Powers and duties generally.
§ 2-59. Transfer of employees.
§ 2-60. Amendment of powers, duties, etc., of director and commission.
Article XV. Board of Health.
§ 2-61. Appointment; membership; qualifications; terms.
§ 2-62. Election of chairman and clerk; quorum.
§ 2-63. Powers and duties generally.
§ 2-64. Office hours.
Article XVI. Planning Board.
§ 2-65. Established; appointment and terms of members.
§ 2-66. Compensation of members.
§ 2-67. Powers and duties.
§ 2-68. Employment of planning director and assistant planning director– Subject to appropriation.
§ 2-69. Same– Qualifications considered in appointment; powers and duties assumed by appointee.
§ 2-69.1. Expenditure of appropriated funds.
§ 2-69.2. Creation and supervision of planning coordinator.
§ 2-69.3. Duties.
Article XVII. Registrars of Voters.
§ 2-70. Composition, appointment and term.
§ 2-71. Registration sessions.
§ 2-72. Sessions and records to be open to public.
Article XVIII. Board of Commissioners of Trust Funds.
§ 2-73. Created; membership.
§ 2-74. Appointment and term of members.
§ 2-75. Election of chairman and secretary; quorum.
§ 2-76. Duties generally.
§ 2-77. City treasurer to have custody of funds, etc.; bond required of treasurer.
Article XIX. Development and Industrial Commission.
§ 2-78. Established; appointment and term of members.
§ 2-79. Removal of members.
§ 2-80. Powers and duties generally.
Article XX. Capital Improvement Commission.
§ 2-81. Established; composition; appointment and term of members.
§ 2-82. Election of chairman and secretary.
§ 2-83. Compensation.
§ 2-84. Powers and duties generally.
Article XXI. Council for the Aging.
§ 2-85. Established; composition; appointment and term of members; appointment of chairman, clerks, etc.
§ 2-86. Duties generally.
Article XXII. Continuity of Government.
§ 2-87. Definitions.
§ 2-88. Emergency interim successors– Designated.
§ 2-89. Same– Assumption of powers and duties.
§ 2-90. Same– Records.
§ 2-91. Same– Taking office.
§ 2-92. Quorum and vote requirements.
Article XXIII. Ordinances.
§ 2-93. Form.
§ 2-94. Effective date.
§ 2-95. To be recorded by city clerk.
§ 2-96. Copies to be sent to chief of police and clerk of district court.
§ 2-97. Repeal not to affect former ordinances.
§ 2-98. Ordinances to be enacted as amendments or additions to Revision.
Article XXIV. Conservation Commission.
§ 2-99. Appointment of members.
§ 2-100. Compensation of members.
§ 2-101. Powers and duties.
Article XXV. Cable Television Advisory Committee.
§ 2-102. Established.
§ 2-103. Appointment– Membership– Terms.
§ 2-104. Powers and duties.
Article XXVI. Cemetery Commission.
§ 2-105. Established– Appointment and terms of members.
§ 2-106. Powers and duties.
§ 2-107. Compensation.
Article XXVII. Legal Counsel to City Council.
§ 2-108. Established– Appointment by city council.
§ 2-109. Duties generally.
§ 2-110. Compensation.
ARTICLE I. Sec. 2-1. Oath of office of officers.
All officers, elected or appointed, shall be sworn to the faithful performance of their duties before taking office.
(R. O. 1960, ch. 31, § 1.)
For charter provision as to swearing in procedure, see Char., § 2.03.
Sec. 2-2. Bond of officers and employees– Required.
For the faithful performance of their duties and for the delivery to their successors of all books, papers, records and property belonging to their respective offices, all officers and employees, if required by law or by the city council, shall give bonds annually in such form as may be approved by the city solicitor unless other method of approval is expressly provided by law, in such amounts not less than those established by law and with such sureties as the council may determine.
(R. O. 1960, ch. 31, § 2.)
Sec. 2-3. Same– Custody.
The bonds of the city clerk, city treasurer and city collector shall be in the custody of the mayor; the bonds of other city officers shall be in the custody of the treasurer, unless other provision therefor exists by law.
(R. O. 1960, ch. 31, § 3.)
Sec. 2-4. Expenditures and reports of officers and boards; financial year.
The several officers and boards shall have the expenditure of the appropriations made for the matters within their charge and shall at the close of each financial year, which shall coincide with the fiscal year, make a written report to the mayor and council of the receipts and expenditures for the year. They shall also include in such report an account of the work done during the year, with such suggestions and recommendations as they may deem proper. In addition, department heads shall provide information to the city council regarding expenditures by the departments of appropriated funds. Such information shall be provided in an appropriation expenditure summary report, in a form approved by the city council, and filed with the city clerk within fourteen days of final payment or completion of the project for which funds were appropriated, whichever occurs earlier.
(R. O. 1960, ch. 31, § 4; 1-14-08.)
"Calendar year" was changed to "fiscal year" at city clerk's request.
Sec. 2-5. Notice to comptroller of payment to treasurer.
Whenever any officer or employee of the city makes a payment of public money to the city treasurer, he shall furnish at the same time to the city comptroller a written statement of the amount of the payment and the date and purpose thereof.
(R. O. 1960, ch. 31, § 5; 4-23-84.)
Sec. 2-6. Appointment of employees and officers.
(a) Heads of departments, boards and commissions shall make appointments within their departments of officers and employees whose appointments are not otherwise provided for.
(b) Prior to the appointment of such officers or employees, the heads of departments, boards and commissions shall provide public notice of the positions to which appointments are to be made by conspicuously posting a notice thereof in the office of the city clerk.
(c) Local newspaper publication of notice of vacancies. Whenever a vacancy shall occur in any appointed city office or in the employment of the city, or, when by reason of a retirement, or resignation, or the expiration of a fixed term, or otherwise, a vacancy can be anticipated, the appointing authority shall cause public notice of such vacancy or impending vacancy to be published once in a local newspaper. For purposes of this section, "local newspaper" shall mean a newspaper of general circulation within Leominster, with either a weekly or daily circulation. This section shall not apply to positions covered under the civil service law and rules or if in conflict with the provisions of a collective bargaining agreement.
(R. O. 1960, ch. 31, § 6; 6-28-93; 7-10-95.)
Sec. 2-6a. Appointment of professional consultants.
(1) Prior to engaging professional consultants, engineers or architects, the following procedures shall be followed:
(a) The department requesting such services must prepare a scope of the services to be performed;
(b) Prepare a list of at least three firms or persons, qualified to perform such services;
(c) Prepare resumes of the selected firms or persons, detailing past experiences in the public works project for which services are being requested;
(d) List fees and estimated costs for the project being contemplated as submitted by the consultants being considered.
(2) The department shall submit the above items to the mayor with a copy to the city council, recommending one of the consultants with the reasons for their preference.
(3) The mayor shall signify his approval of one of the three consultants by submitting his selection to the city council. If the mayor does not approve of any of the three consultants submitted by the department, he shall return the list to the department for additional submissions.
(4) The city council, within ten days of receipt of the mayor's selection of such consultant, may call for a vote to determine the acceptability of such selection. Unless rejected by a two-thirds vote of all members of the city council, the mayor's selection shall be considered as approved.
(5) Selection of designers for building construction, alterations, remodeling, and repair projects must comply with the purposes and intent of the State Designer Selection Board law, Chapter 7, section 30 B-P.
(7-13-81; 1-14-85.)
Sec. 2-7. Labor and materials to be paid for in advance.
No department, board, commission, officer or agent of the city, unless authorized or required by law so to do, shall furnish except in an emergency, any labor or materials to any person unless and until such person applying for the same shall have deposited with the city treasurer, or with the water registrar in case the labor or materials are to be furnished by the water department, an amount equal to the estimated cost of such labor or materials. If the amount so deposited is in excess of the cost of such labor and materials, the treasurer shall remit such excess to the person entitled thereto, and if such deposit proves insufficient to pay such cost, the collector or the registrar shall collect the balance thereof from the person who applied for the labor or materials.
(R. O. 1960, ch. 31, § 7.)
Sec. 2-8. Custody of contracts; copies of contracts to be filed with city clerk.
All contracts of the city made by the mayor or any department head, board or officer shall at the time of execution be deposited with the city comptroller by the officer executing the contract. Such officer at the same time shall furnish the city clerk with a copy of each such contract, and the clerk shall keep such copy on file, open to public inspection during office hours.
(R. O. 1960, ch. 31, § 8; 4-23-84.)
ARTICLE II. For charter provisions as to mayor, see Char., §§ 3.01 to 3.07.
As to salary of mayor, see § 16-1 of this Revision.
Sec. 2-9. Appointments by mayor– Designated.
The mayor shall have the authority to make the following appointments:
(a) The mayor shall annually in the month of January appoint a local superintendent for the suppression of gypsy and brown tail moths whose appointment shall not take effect unless approved by the state forester.
(b) The mayor shall annually in January appoint a forest warden and forthwith give notice thereof to the state forester. Such appointment shall not take effect unless approved by the state forester. When so approved, notice of the appointment shall be given by the mayor to the person so appointed who shall, within seven days after the receipt of such notice, file with the city clerk his acceptance or refusal of the office. The same person may hold the office of chief of the fire department and forest warden.
(c) The mayor shall annually appoint two or more fence viewers who shall receive no compensation from the city, but shall be entitled to their fees.
(d) The mayor shall appoint a pound keeper for each pound provided and maintained by the city council and one or more field drivers for the city.
(e) The mayor shall annually, by a writing recorded with the city clerk, appoint a keeper of the lockup who shall have the care and custody thereof and of persons committed thereto. He shall accept the appointment within three days after notice thereof, shall be sworn and shall hold office for one year unless sooner removed.
(f) The mayor shall annually appoint one or more inspectors of petroleum who, before entering upon their official duties, shall be sworn. Their compensation shall be fixed by the city council and shall be paid by persons who require their services.
(g) The mayor shall appoint one or more persons who are not dealers in cattle and who shall be sworn to the faithful performance of their duties as weighers of beef.
(h) The mayor shall annually appoint and may remove weighers of coal, one of whom at least shall not be engaged in the business of selling coal, who shall be sworn to the faithful performance of their duties and by whom all coal shall be weighed. No person shall be ineligible for appointment because of the fact that he is not a resident of the city.
(i) The mayor shall annually appoint one or more weighers of grain who shall be sworn to the faithful performance of their duties and whose fees shall be prescribed by the council, one half of which shall be paid by the seller and one half by the purchaser.
(j) The mayor may from time to time appoint, for a term not exceeding one year, and may at any time remove weighers of hay who shall be sworn to the faithful performance of their duties and who shall have the superintendence of the hay scales belonging to the city.
(k) The mayor, upon the request of two or more voters of the city, shall annually appoint one or more measurers of leather who have been certified by the director of standards as fit persons for such appointment and who shall be sworn to the faithful performance of their duties.
(l) The mayor shall annually appoint one or more measurers of lumber who shall be sworn to the faithful performance of their duties.
(m) Constables shall be appointed by the mayor who may, with the consent of the council, remove such constables from office for gross misconduct.
(n) The mayor shall designate a burial agent who shall not be a member or an employee of the board of public welfare.
(o) The mayor shall annually in March nominate one or more inspectors of animals and, before April first, shall send to the state director of animal industry the name, address and occupation of each nominee. The mayor shall appoint such inspector, when approved by the director, for a term of one year. Each inspector shall be sworn to the faithful performance of his official duty.
(p) The mayor shall annually, not earlier than June fifteenth nor later than August fifteenth, appoint as election officers for each voting precinct one warden, one deputy warden, one clerk, one deputy clerk, four inspectors and four deputy inspectors who shall, at the time of their appointment, be qualified voters in the ward of which such precinct forms a part. The mayor may, in like manner, additionally appoint two inspectors and two deputy inspectors and such inspectors to count and tabulate the votes as he may deem necessary. Every such appointment shall be filed in the office of the city clerk of the city within forty-eight hours after it is made and shall be acted on by the city council not less than three days after the filing of such appointment and on or before September first following. Such appointments shall be open to public inspection.
(q) The mayor shall annually, within ten days after June first, issue a warrant to such dog officer or officers, directing and requiring him or them to proceed in accordance with provisions of chapter 140 of the General Laws as amended by chapter 320, Acts of 1934.
(R. O. 1960, ch. 29, pt. 1; 2-9-76.)
Sec. 2-10. Same– To be confirmed by council.
All appointments by the mayor, except that of the city solicitor, shall be subject to confirmation by the council. Such appointments shall be considered by the city council and either confirmed or rejected within a period of sixty days. If no action is taken by the city council within such period, the mayor shall withdraw such appointment, and in such case, and in case such appointment is rejected, shall file another appointment, either of the first person appointed or of a different person, within one month after the expiration of such period of sixty days or after such rejection, as the case may be; provided, however, that the mayor shall not appoint to any such office any person whose appointments to the same office have twice in the same year failed to be confirmed by the city council.
(R. O. 1960, ch. 3, §§ 10, 10A.)
Sec. 2-11. Filling of certain vacancies.
Whenever a vacancy occurs in any of the following positions by law or regulation within the classified civil service, the mayor, in accordance with the provisions of chapter thirty-one of the General Laws, shall fill such vacancy:
(a) Chief of police.
(b) Sealer of weights and measures.
(c) Members of the police department.
(d) Members of the fire department.
(e) Director of public works.
(f) Chief of fire department.
(g) City forester.
(R. O. 1960, ch. 3, § 9.)
Sec. 2-12. Acceptance of equipment, supplies, etc., from federal government.
The mayor shall be authorized to accept on behalf of the city all equipment, supplies and materials and money offered by the federal government to enable the city to carry out any program, act or activity necessary to the proper functioning of defense activities in the city. The mayor is hereby authorized to execute such agreements or documents and to agree to such reasonable terms and conditions as may be required by the federal government for any grants, loans, supplies, materials or money.
(R. O. 1960, ch. 2, § 13.)
Sec. 2-13. Office hours.
The office of the mayor shall be open to the public daily, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 7:30 P.M.
(R. O. 1960, ch. 3, § 11.)
ARTICLE III. For charter provisions as to city council, see Char., §§ 5.01 to 5.12.
As to salary of city council, see § 16-2 of this Revision.
Sec. 2-14. Meeting place.
All meetings of the council shall be held in the municipal building. In the event of a public emergency or other condition which renders it impossible for the council to hold any meeting in the City Hall, the council will hold a meeting at the Leominster High School.
(R. O. 1960, ch. 4, § 1; 4-28-97.)
Sec. 2-15. Election of president.
On the first Monday in January of each year at 11:00 A.M., the council shall meet in extra session for the sole purpose of electing a president. The meeting shall be called to order by the city clerk or, in case of a vacancy in that office, by the senior member of the council present, who shall preside until a president is elected by ballot.
(R. O. 1960, ch. 4, § 2.)
Sec. 2-16. Regular meetings.
Except as hereinafter stated, regular meetings of the council shall be held on the second and fourth Monday evenings of each month at 8:00 P.M. Whenever a meeting falls on a legal holiday, it shall be held the following night at the same time. Whenever a meeting falls on the evening before New Year's Day, it shall be held on the next night following the holiday at the same time. No meeting shall be held during the week of Christmas.
(R. O. 1960, ch. 4, § 2; 11-10-80; 6-10-85.)
Sec. 2-17. Special meetings.
Special meetings of the council may be called by the president at any time and shall be called upon the written request of the mayor or of three members of the council. At least twenty-four hours notice of any special meeting shall be given each member of the council, unless that is impossible because of a member's absence from the city.
(R. O. 1960, ch. 4, § 4.)
Sec. 2-18. Election of city clerk.
The council shall, by a majority vote, elect a city clerk for the term of five years. At any such election, each member present shall answer to his name when called by the clerk or other proper officer, stating the name of the person for whom he votes or that he declines to vote.
(R. O. 1960, ch. 4, § 5.)
Sec. 2-19. Appointment of measurers of wood and bark.
The council shall annually choose one or more measurers of wood and bark who shall be sworn to the faithful performance of their duties. They shall be entitled to such fees for their services as the council shall establish, which shall in each case be paid to the measurer by the driver and repaid by the purchaser.
(R. O. 1960, ch. 29, pt. 2, § 1.)
ARTICLE IV. For charter provision as to election of city clerk, see Char., § 5.11.
Sec. 2-20. Duties generally.
The city clerk shall perform the following duties:
(a) He shall notify all city officers of their election or appointment immediately after they shall have been chosen by written notices mailed to their respective places of residence, and failure of any person so chosen to qualify within thirty days from the receipt of such notice shall be deemed to be a refusal to accept such office, and thereupon the vacancy shall be filled without delay.
(b) He shall cause to be filed and properly indexed all papers required by law or ordinance to be deposited in his office.
(c) He shall notify the city accountant, in writing, of all orders authorizing appropriations, expenditures, assessments, apportionments, abatements or awards of damages immediately after such orders are approved.
(d) He shall notify committees and municipal boards of any orders affecting the appropriations under their control.
(e) He shall report to the city accountant, once in every month, all amounts received and paid to the treasurer on account of licenses or fees of any description.
(f) He shall pay over to the treasurer monthly all moneys and fees received by him, accompanied by a statement of the purposes for which they were received.
(g) He shall keep a book alphabetically arranged showing the names of all streets which have been or may be laid out and accepted, with the date of the laying out and acceptance and alterations made from time to time.
(R. O. 1960, ch. 12 §§ 1 to 4.)
Sec. 2-20A. Assistant city clerk.
(a) The city council shall elect an assistant city clerk who shall serve for a term of five years concurrent with the term of the city clerk, and until his or her successor is chosen and qualified.
(b) The assistant city clerk will assist the city clerk in the performance of all duties which are performed in connection with the city clerk's office, the city council and the election and registration office; acts for the city clerk in his or her absence; assists in preparing agenda, preparing minutes of and distributing copies of proceedings of city council meetings; assists in preparing departmental budget; receives documents and assists in maintaining records of expenditures and receipts.
(c) The assistant city clerk's certificate or attestation shall have the same effect as that of the city clerk.
(5-22-95.)
Sec. 2-21. Office hours.
The office of the city clerk shall be open to the public daily, Saturdays, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 7:30 P.M.
(R. O. 1960, ch. 12, § 5.)
ARTICLE V. Sec. 2-22. Appointment; qualifications.
The mayor shall appoint a city solicitor and an assistant city solicitor, both of whom shall be residents of the city and attorneys qualified to practice in the courts of the commonwealth. Neither the city solicitor nor his assistant shall hold any other office under the city government.
(9-26-66.)
Sec. 2-23. Duties generally.
It shall be the duty of the city solicitor and his assistant to:
(a) Pass upon all titles of real estate in which the city may be interested.
(b) Draft all legal instruments and papers which may be required of them by the mayor, the council or any committee thereof or by the school committee, and which, by law, usage or agreement, the city is to be at the expense of drawing.
(c) Give legal opinions and professional advice on any subject relating to the affairs of the city or the duties of any of its officers, when required by the mayor, the council or any committee thereof, the school committee or any other officers of the city, and generally to perform those duties appertaining to such office as the legal advisers and attorneys of the city. They may in special cases, with the approval of the mayor and council, secure the advice or services of such additional counsel as they may deem necessary.
(d) Commence and prosecute all acts and suits brought by the city, defend all actions and suits brought against the city in any court or tribunal in the commonwealth and appear as counsel in any other action, suit or prosecution which may involve the rights and interests of the city.
(e) Defend any of the officers of the city in suits and prosecutions against them for any official action, for the performance or nonperformance of any official duty or when any estate, right, privilege, ordinance, act or direction of the city may be brought in question.
(f) Appear as counsel before any committee of the general court whenever the interest and welfare of the city may be directly or indirectly affected and when requested to so appear by the mayor or city council.
(g) File with the city clerk copies of all written opinions furnished to any officer, committee or board of the city.
(h) Notwithstanding the above paragraphs, the position of city solicitor for the city of Leominster, which has been designated as a "special municipal employee" within the meaning of M.G.L.c. 268A, § 1 (n), shall not include official responsibility for advising the Leominster police department relative to the conduct of its investigations or arrests, including but not limited to its execution of searches, seizures and arrests, whether by warrant or without; its application for search warrants, arrest warrants or criminal complaints; and its acquisition and handling of evidence in criminal complaints; and its acquisition and handling of evidence in criminal matters. In these cases, the mayor, with the approval of the city council shall secure the advice and services of such additional counsel as they may deem necessary.
(9-26-66, 7-23-90.)
Sec. 2-24. Compensation.
In addition to the salaries allowed to the city solicitors they shall receive, based on actual time spent, an hourly rate allowance as determined by the mayor and the city council for the prosecution and defense of all matters involving the city in any court or administrative tribunal with the exception of the district Courts of the commonwealth. When the attendance of the city solicitors is required out of the city, their reasonable traveling expenses shall be allowed them.
(9-26-66, 2-33-70.)
ARTICLE VI. Sec. 2-25. Appointment; term.
The city treasurer shall be appointed by the mayor, on or before the first Monday in February, for a term of three years.
(R. O. 1960, ch. 3, § 2.)
Sec. 2-26. Duties generally.
The duties of the city treasurer shall be as follows:
(a) To receive and take charge of all money belonging to the city and to pay over and account for the same according to the order of the city's authorized officers. No other person shall pay any bill of any department.
(b) To annually, and as often as required, lay before the council a statement of the condition of the city treasury and all moneys received and paid by him during the current year. He shall makeup his annual account to and including the last day of December and shall furnish such information respecting the accounts and finances as the council may require. The committee on finance of the city council shall have access to all books and vouchers of the city in the possession of the treasurer.
(c) To, immediately upon the service upon him of any legal process in which the city may be interested, furnish the city solicitor with a copy thereof or an abstract of so much thereof as will enable the city solicitor to reasonably protect the interests of the city.
(d) To file and provide a place in the vault of the municipal building for all deeds, grants and instruments conveying or granting to the city any rights in or to real estate. All such instruments shall be indexed in some convenient way so that they may be readily referred to.
(R. O. 1960, ch. 13 §§ 1 to 4.)
Sec. 2-27. Office hours.
The office of the treasurer shall be open to the public daily, Saturdays, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 7:30 P.M.
(R. O. 1960, ch. 13, § 5.)
ARTICLE VII. Sec. 2-28. Appointment; term.
On or before the first Monday of February of each year the mayor shall appoint a city collector for a term of three years beginning with such first Monday of February.
(R. O. 1960, ch. 14, § 1.)
Sec. 2-29. Duties generally.
The city collector shall:
(a) Pay over daily to the city treasurer all money collected by him.
(b) Cause to be made each year a complete alphabetical list of all real estate which he has sold or caused to be sold for nonpayment of taxes and assessments. Such list shall be open to public inspection.
(c) Whenever an account is delivered to him for collection, forthwith demand payment of the same and, if any such account remains unpaid after three months, or at any time before the expiration of such three months if, in his judgment or in the opinion of the city solicitor, the interests of the city so require, shall proceed to collect the same by legal process.
(R. O. 1960, ch. 14 §§ 2 to 4.)
Sec. 2-30. Office hours.
The office of the city collector shall be open to the public daily, Saturdays, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 7:30 P.M.
(R. O. 1960, ch. 14, § 5.)
ARTICLE VIII. Sec. 2-31. Appointment; term.
On or before the first Monday of February of each year the mayor shall appoint a city comptroller for a term of three years beginning with such first Monday of February.
(R. O. 1960, ch. 15, § 1; 4-23-84.)
Sec. 2-32. Duties generally.
The city comptroller shall perform the following duties:
(a) He shall, once in each month, furnish to each board or officer having charge of the expenditures of any appropriation a statement showing the condition of such account.
(b) He shall, once in each month, prepare a statement and furnish the mayor and each member of the city council with a copy thereof showing the condition of every city account and giving the amount of the appropriation, expenditures and unexpended balance under the same.
(c) He shall furnish to the mayor and council monthly a balance sheet showing the true financial condition of the city.
(d) He shall, at the close of each financial year, obtain from each head of a department, board or committee authorized to expend money a list of all bills remaining unpaid showing to whom and for what due and their amounts, and he shall incorporate the same in his annual report.
(R. O. 1960, ch. 15, §§ 2 to 4; 4-23-84.)
Sec. 2-32-A. Department of financial services.
(a) Department. The city shall have a department of finance with duties and responsibilities to include, but not be limited to, the following:
(1) Coordination and administration of financial services and activities;
(2) Duties vested by law in the comptroller, the assessors, city treasurer and collector;
(3) Maintenance of city accounting records and financial statements;
(4) Payment of all city obligations, after securing required approvals;
(5) Assisting in the development of budgets and reviewing of all budgets for format, completeness and accuracy before submission to the mayor and city council;
(6) Timely reporting to the mayor and city council and to other appropriate officials, actual or foreseeable incurring of obligations or expenditures of funds in excess of budgeted appropriations;
(7) Maintenance of payroll and other financial records relating to all personnel;
(8) Preparing and supervising purchasing procedures;
(9) At regular intervals, send to each department a statement of the funds expended and a statement of the balances remaining in the accounts;
(10) Supervision of all data processing.
(b) Director. The city comptroller, by virtue of his office, shall be the director of the department of financial services.
(c) Treasurer and Collector of Taxes. The treasurer and collector of taxes shall be subject to the direction and supervision of the director and shall have, except as otherwise expressly provided by this section, the powers and duties vested by law for treasurers and collectors of taxes, as currently constituted.
(d) Assessors. The assessors shall be subject to the direction and supervision of the director, and shall have except as otherwise expressed by this section, the powers and duties vested by law for assessors, as currently constituted.
(e) Purchasing Guidelines. The director shall adopt policies and procedures governing the process by which each department of the city purchases or leases any item or service. The policies and procedures shall, among other things:
(1) Comply with all applicable provisions of the General Laws and Ordinances;
(2) Require fair notice and sealed bids or proposals for the purchase of all goods and services amounting to twenty-five thousand dollars or more, with appropriate provisions for emergency situations, such as Acts of God, catastrophes, accidents and mechanical failures which endanger the public health or safety of the public, in accordance with the provisions of Massachusetts General Laws, Chapter 30B;
(3) Repealed by ordinance passed 1-22-01;
(4) Provide for joining the Commonwealth of Massachusetts in purchasing items under the provisions of Chapter 7, Section 22A, of the General Laws;
(5) Facilitate cooperation among all departments to insure that to the extent possible, departments jointly purchase materials and supplies used by more than one department;
(6) Require that each department prepare annually a schedule of the major items to be purchased and the anticipated timing for writing specifications, advertising for bid, awarding contracts and receiving the merchandise.
(f) Inventory Records and Controls. The director shall adopt policies and procedures by which all departments maintain inventory records of all supplies, materials and equipment and the procedures to be used for maintaining inventory controls.
(g) Payments. The director shall adopt policies and procedures governing the disbursement of funds. These policies and procedures shall, among other things, require that payment for purchases shall be processed in the following manner:
(1) No payments shall be made without a warrant or order prepared by the director of financial services;
(2) The director of financial services shall have custody of all vouchers which have been entered on warrants for payment;
(3) Whenever the account of any appropriation, other than an appropriation for a special purpose (such as a construction contract), for which the work has not been completed, shows an unexpended balance at the end of the fiscal year, such balance shall revert to the treasury as surplus funds; and
(4) No work, the payment for which is in any part to be contributed voluntarily by private individuals, firms or corporations shall be performed by the department of the city having charge thereof, until a sufficient amount of money has been deposited with the treasurer to cover such voluntary contributions.
(h) Disposal of Property. The director shall adopt policies and procedures governing the disposal of surplus and obsolete property. "Disposal" includes any method by which the officer, official or department responsible for the property terminates or substantially reduces its right to control the property. The policies and procedures shall, among other things:
(1) Comply with all applicable provisions of the General Laws;
(2) Require property, no longer required by a specific department, to be offered for transfer for use to another department of the city;
(3) Provide for the fair disposal of property having a value equal to twenty-five thousand dollars or more, through fair notice and auction and/or sealed bids or proposals, if said property is not to be transferred to another department of the city. Said disposal procedure shall be in accordance with the provisions of Massachusetts General Laws, Chapter 30B;
(4) Provide that each department shall annually review its property for obsolescence and report thereon to the director of financial services and shall promptly take steps for disposal of all surplus and obsolete property.
(4-10-89; 12-10-96; 1-22-01.)
Sec. 2-32-AA. Matters exempt from procurement procedures.
(a) Notwithstanding any other provision of the procurement process in the city's revised ordinances, the following designated subject matters shall be exempt from the procurement procedures of the city, as provided in section 1(b) of chapter 30B M.G.L., as most recently amended:
(1) A contract subject to the provisions of the general laws: section 39M of chapter 30 or sections 44A to 44J, inclusive, of chapter 149;
(2) A contract subject to the provisions of sections 38A1/2 to 38(O), inclusive of chapter 7 of the General Laws;
(3) An intergovernmental agreement subject to the provisions of section 4A of chapter 40 of the General Laws;
(4) A transaction with the commonwealth;
(5) A contract for the purchase of materials, under specifications of the State Department of Highways, and at prices established by the department, pursuant to advertising and bidding for such purpose, in connection with work to be performed under the provisions of chapter 81 or chapter 90 of the General Laws;
(6) A contract for the advertising of required notices;
(7) An agreement between agencies, boards, commissions, authorities, departments or public instrumentalities of the city;
(8) An agreement for the provision of special education pursuant to chapter 71B of the General Laws and regulations promulgated pursuant thereto;
(9) A contract to purchase supplies or services from any agency or instrumentality of the federal government, the commonwealth, or any of its political subdivisions;
(10) The issuance of bonds, notes or securities in accordance with procedures established by law;
(11) Contracts and investments made in accordance with sections 57 or 57A of chapter 35 or sections 67 or 67A of chapter 44 of the General Laws;
(12) A contract for the procurement of insurance or surety bonds, including an agreement subject to the provisions of sections 1 to 16 inclusive, of chapter 40M or the provisions of sections 25E to 25U, inclusive, of chapter 152 of the General Laws;
(13) Contracts for the services of expert witnesses for use in an adjudicatory proceeding or litigation or in anticipation thereof;
(14) Contracts with labor relations representatives, lawyers, designers or certified public accountants;
(15) Contracts with physicians, dentists, and other health care individuals or persons including nurses, nurses' assistants, medical and laboratory technicians, health care providers including diagnosticians, social workers, psychiatric workers and veterinarians;
(16) A contract for snowplowing by the city;
(17) A contract for retirement board services;
(18) A contract which is funded by proceeds derived from a gift to the city or any agency, board, commission, authority, department or public instrumentality thereof; or a trust established for the benefit of;
(19) A contract for the towing and storage for motor vehicles;
(20) A contract to provide job-related training, educational or career development services to the employees of the city;
(21) A contract pursuant to which the city obtains services from a bank, as defined in section 1 of chapter 167, of the General Laws subject to the maintenance of a compensating balance;
(22) A contract for ambulance service by the city;
(23) A contract to sell or lease industrial or commercial real property by a public or quasi-public economic development agency or urban renewal agency engaged in the development and disposition of said real property in accordance with a plan approved by the appropriate authorizing authority;
(24) A contract for the collection of delinquent taxes or for the services of a deputy tax collector;
(25) Contracts or agreements entered into by the city health department;
(26) A contract for the collections, transportation, receipt, processing or disposal of solid waste, recyclable or compostable materials; or
(27) An agreement for the purchase of photography services entered into by a public school.
(b) The procurement shall be deemed to have been complied with on all purchases made under the provisions of sections 22A and 22B of chapter 7 when another political subdivision, as defined in said section 22A of the General Laws, acting on behalf of the city, complies with the provisions of chapter 30B of the General Laws, or when purchases are made from a vendor pursuant to a contract with the commonwealth for the item or items being purchased.
(c) Where a procurement involves the expenditure of federal assistance or contract funds, the provisions of the procurement ordinance shall not apply to the extent that such provisions prevent compliance with mandatory provisions of federal law and regulations.
(d) Notwithstanding the provisions of any general or special law or ordinance of the city to the contrary, a governmental body may enter into a contract, in conformance with this chapter, for the construction and for services at a facility owned by a private party or parties, whether such facility will be located on public or private land for the disposal, recycling, composting or treatment of solid waste, sewage, septage or sludge without said contract being subject to the competitive bid process as set forth in the following provisions of the general laws: sections 38A½ to 38(O), inclusive, of chapter 7, section 39M of chapter 30, or sections 44A to 44J, inclusive, of chapter 149; provided, however, that this subsection shall not apply to a procurement of proprietary environmental technology in accordance with subsection (5) of section 44A of chapter 149.
(3-25-96.)
Sec. 2-33. Office hours.
The office of the city comptroller shall be open to the public daily, Saturdays, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 7:30 P.M.
(R. O. 1960, Ch. 15, § 5; 4-23-84.)
ARTICLE IX. Sec. 2-34. Appointment; term.
On or before the first Monday of February of each year the mayor shall appoint a purchasing agent for a term of three years beginning with such first Monday of February.
(R. O. 1960, Ch. 17, § 1; 11-8-99.)
Sec. 2-35. Purchasing procedure– Generally.
(a) The purchasing agent shall purchase all goods and services for the city and for every department thereof, except in cases of emergency. All purchases or contracts for purchases exceeding five thousand dollars in amount shall be based upon competition. All purchasing procedures utilized shall be in accordance with the provisions of Massachusetts General Laws, Chapter 30B. A record shall be kept by the purchasing department of the prices paid for the supplies and shall be open to the inspection of any citizen.
(b) All purchasing shall be initiated by means of a requisition furnished the departments by the office of the purchasing agent. Procurement of equipment and supplies shall be by means of purchase orders after receipt of requisitions from using departments. Such purchase orders shall be prepared in quintuplicate and distributed as follows:
(1) The white copy is to be sent to the vendor as the official purchase order of the city.
(2) The yellow copy is to be submitted to the city comptroller and to be matched with the invoice.
(3) The pink copy is to be returned to the requisitioning department to be matched with the original requisition.
(4) The orange and green copies are to remain in the purchasing department, to be filed numerically and alphabetically.
(c) All purchases shall be made by the purchasing department, except in cases of emergency. Emergencies shall include purchases of maintenance or repair parts necessary to correct an urgent situation or items to be used in connection with projects not anticipated when started, but shall not include equipment, general supplies, maintenance equipment or maintenance materials.
(d) Equipment and supplies under contract shall be ordered directly by each department.
(e) Purchases of goods and services costing less than five thousand dollars may be made by a department head, using sound business practices.
(f) The requisitioning department shall be responsible for receiving and inspecting items of equipment and supplies. Items found to be defective in quality or quantity shall be reported to the vendor and the purchasing department by the requisitioning department.
(R. O. 1960, Ch. 17, § 2; 10-10-72; 5-23-79; 4-23-84; 5-26-92; 1-22-01.)
Sec. 2-36. Same– Items requiring advertising.
The department head and the purchasing agent shall draw up standard specifications on all items requiring advertising which shall permit reasonable and adequate competition. The purchasing agent shall advertise for sealed bids or proposals as prescribed by the Charter for the purchase of goods and services, the estimated cost of which amounts to or exceeds twenty-five thousand dollars, except in cases of special emergency involving the health or safety of the people or their property. All purchasing procedures utilized shall be in accordance with the provisions of Massachusetts General Laws, Chapter 30B.
(R. O. 1960, Ch. 17, § 3; 12-10-96; 1-22-01.)
Sec. 2-37. Same– School committee and library trustees.
The school committee or their authorized representative shall purchase all books for the department, but shall purchase all other supplies and equipment only by requisitions to the purchasing agent.
The trustees of the public library or their authorized representative shall purchase all books for the department, but shall purchase all other supplies and equipment only by requisition to the purchasing department.
(R. O. 1960, Ch. 17, § 4.)
For charter provisions as to school committee, see Char., §§ 7.01 to 7.09.
Sec. 2-38. Rules and regulations.
The purchasing agent may make such rules and regulations deemed necessary; provided, that such rules do not conflict with this article or chapter 41, sections 103 and 104 of the General Laws.
(R. O. 1960, Ch. 17, § 5.)
ARTICLE X. Sec. 2-39. Appointment.
On or before the first Monday of February in each year the mayor shall appoint, in accordance with the provisions of chapter thirty-one of the General Laws and subject to confirmation by the city council, an inspector of weights and measures.
(R. O. 1960, Ch. 20, § 1.)
Sec. 2-40. Duties generally.
The inspector of weights and measures shall:
(a) Collect all fees and charges which by law he is allowed to receive, pay to the city treasurer monthly all such sums, and, at the same time, furnish the city accountant with a duplicate statement of such account.
(b) At the time of sealing, furnish the owner or authorized agent of the articles sealed with a signed certificate stating the name and address of the owner of the articles sealed, the date when sealed and the amount of the fee collected.
(c) Enforce all laws relative to the use of weights and measures and the giving or use of false weights or measures.
(d) Have the custody of all public scales of the city, excepting the hay scales.
(R. O. 1960, Ch. 20, §§ 2 to 5.)
Sec. 2-41. Compensation.
The inspector of weights and measures shall receive such salary and allowance for transportation and other necessary expenses as the city council may determine.
(R. O. 1960, Ch. 20, § 2.)
Sec. 2-42. Office hours.
The office of the inspector of weights and measures shall be open from 8:30 A.M. to 9:30 A.M. each week day excepting holidays.
(R. O. 1960, Ch. 20, § 6.)
Sec. 2-42.1 Fee schedule.
INSPECTOR OF WEIGHTS AND MEASURE FEE SCHEDULE
IN GENERAL.
MAYOR.
CITY COUNCIL.
CITY CLERK.
CITY SOLICITOR.
CITY TREASURER.
CITY COLLECTOR.
CITY COMPTROLLER.
PURCHASING AGENT.
INSPECTOR OF WEIGHTS AND MEASURES.
| CATEGORY | DEVICE | LEGAL SEALING |
| Balances & Scales | Over 10,000 lbs. | $150.00 |
| >5,000 to 10,000 lbs. | 60.00 | |
| >1,000 to 5,000 lbs. | 40.00 | |
| 100 to 1,000 lbs. | 30.00 | |
| >10 to <100 lbs. | 15.00 | |
| 10 lbs. or less | 15.00 | |
| Weights | Avoirdupois (set) | 15.00 |
| Metric (set) | 15.00 | |
| Apothecary (set) | 15.00 | |
| Troy (set) | 15.00 | |
| Capacity Measures | Vehicle Tanks | 100.00 |
| Each Indicator | 25.00 | |
| Each 100 gal. or % | 25.00 | |
| Liquid: 1 gal. or less | 10.00 | |
| Liquid: more than 1 gal. | 15.00 | |
| Liq. Measuring Meters | Oil, Grease | 15.00 |
| Gasoline | 15.00 | |
| Vehicle Tank Pump | 30.00 | |
| Vehicle Tank Grav. | 100.00 | |
| Propane (LPG) | 50.00 | |
| Bulk Storage | 100.00 | |
| Company Prover | 200.00 | |
| Pumps | Each Stop on Pump | 10.00 |
| Other Devices | Retail Scanners | |
| (1, 2– 3, 4– 11, 12+) | $50, 100, 200, 250 | |
| Taxi Meters | 30.00 | |
| Odometers | 25.00 | |
| Leather Meas. (sem) | 10.00 | |
| Carpet/Fabric Measuring | 10.00 | |
| Wire-Rope-Cord | 10.00 | |
| Timing (0– 10, 10– 30, 30<) | $10, 15, 20 | |
| Linear Measurers | Yard Sticks | 10.00 |
| Tapes | 10.00 | |
| End Measures | 10.00 | |
| Miscellaneous | Milk Jars (per gross) | 25.00 |
| Dry Measures | 15.00 | |
| Bottle Return/Rev V | 10.00 | |
| Wood, Bark Meas. | 25.00 | |
| Sand, Loam Meas. | 25.00 | |
| Coin Counters | 10.00 | |
| Motor Fuel Blender | 10.00 | |
| Adjusting | 10.00 | |
| Re-insp/Retest/Reseal | 20.00 | |
| Non-Res. Surcharge | 25.00 | |
| Special Facilities | 20.00/Cost | |
| Repairs | Cost |
(8-23-10)
ARTICLE XI. Sec. 2-43. Charge– Appointment and term– Powers and duties.
(a) The Board of Assessors shall have charge of the assessing department. The board shall consist of three members; one chief assessor and two assessors. Upon the taking effect of this ordinance, the mayor shall appoint all board members, subject to city council confirmation, to a one year, two year, or three year term in order that each of the appointments will expire in a successive year. Thereafter all appointments shall be for a three year term. Any person currently holding a position of assistant assessor shall become an assessor and all persons in an assessor or assistant assessor position shall retain such office until the expiration of the current term for said office.
(b) The Board of Assessors shall exercise all the powers, duties and responsibilities vested in it by the General Laws of the Commonwealth of Massachusetts or any amendments thereof or additions thereto; and shall be subject to said General Laws, as well as to the Charter and Ordinances of the City of Leominster.
(11-13-95; 3-10-97.)
Sec. 2-44. Organization– Selection of officers– Quorum.
Immediately after the annual appointment provided for in section 2-43 is made and the appointee has been duly qualified, the members shall organize and, as a board, elect a clerk by ballot. The chief assessor shall be the chairman of the board; and a majority of the board shall constitute a quorum for the transaction of business.
(R. O. 1960, Ch. 5, § 2; 3-10-97.)
Sec. 2-45. Oath.
Any person appointed as an assessor or as an assistant assessor, before entering upon the performance of his duties, shall take the following oath:
"I, having been chosen to assess taxes and estimate the value of property for the purpose of taxation for the city of Leominster for the year (or 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."
(R. O. 1960, Ch. 5, § 4; 11-13-95.)
Sec. 2-46. Office hours.
The office of the assessing department shall be open to the public daily, Saturdays, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 7:30 P.M.
(R. O. 1960, Ch. 5, § 5.)
ARTICLE XII. Sec. 2-47. Established; appointment and compensation of members.
The public library department is hereby established under the charge of a board of trustees consisting of six persons appointed by the mayor, subject to the confirmation of the city council, who shall serve without compensation.
(R. O. 1960, ch. 23, §§ 1, 5.)
Sec. 2-48. Board of trustees– Appointment; term.
On or before the first Monday in February of each year the mayor shall appoint two trustees to serve for three years from that date or until their successors are appointed and qualified.
(R. O. 1960, ch. 23, § 2.)
Sec. 2-49. Same– Election of chairman and secretary; quorum.
The board of trustees shall organize in February of each year by choosing by ballot from their own membership a chairman and a secretary. Four members shall constitute a quorum for the transaction of business.
(R. O. 1960, ch. 23, § 3.)
Sec. 2-50. Same– Duties generally.
The board shall have the custody and management of the library and reading room and all property owned by the city relating thereto, and may expend for library purposes such money as the city council may appropriate.
(R. O. 1960, ch. 23, § 4.)
ARTICLE XIII. Sec. 2-51. Established; appointment, qualifications and term of director.
A department of veterans' services is hereby established, and the office of director of veterans' services created. Such officer, who shall be a war veteran, shall be the person or agent for the disbursement of state or military aid and shall be appointed by the mayor, subject to confirmation by the city council, on or before the first Monday of February of each year for a term of three years.
(R. O. 1960, ch. 28A, §§ 1, 4, 5; 5-23-05.)
Sec. 2-52. Duties generally.
The department of veterans' services shall perform the duties and functions and carry out the purposes provided by the Acts of 1945, chapter 723, and all acts in relation thereto.
(R. O. 1960, ch. 28A, § 3.)
Sec. 2-53. Office hours.
The office of the director of veterans' services shall be open to the public daily, Saturdays, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 7:30 P.M.
(R. O. 1960, ch. 28A, § 7.)
ARTICLE XIV. Sec. 2-54. Established; administration.
There shall be established in the city a department of public works administered by a director. There shall also be established a water/wastewater treatment plant commission, hereinafter called the commission.
(7-22-96.)
Sec. 2-55. Water/wastewater treatment plant commission– Appointment and term of members, chairperson and secretary.
(a) There is hereby established a water/wastewater treatment plant commission consisting of not less than five and not more than seven members. Of the initial appointees, one-third shall be appointed for a term to expire on the fifteenth day of April next following such appointment; one-third shall be appointed for a term to expire on the fifteenth day of April which is at least one full year following the date of such appointment; and one-third shall be appointed for a term to expire on the fifteenth day of April which is at least two full years following the date of such appointment.
(b) After the initial appointments, the mayor shall, on or before the fifteenth day of April of each year, appoint members to fill any term which may be expiring to serve for a term of three years. In addition, the mayor may, on or before the fifteenth day of April in any year, appoint a member or members to the maximum allowable number, should less than seven members be appointed at such time. Nothing in this section shall be construed to require the mayor to appoint a member to fill a term which is expiring in the event that not less than five members continue to serve at the expiration of such term without such an appointment.
(c) The term of all the members appointed shall be arranged so that, as nearly as possible, an equal number of terms as is possible shall expire each year. The appointment of all members shall be subject to confirmation by the city council.
(d) The mayor shall annually, in the month of April, designate from the membership a chairperson and a secretary, to serve for the following year, and shall from time to time designate a successor to such officers should any vacancy occur during such term.
(7-22-96.)
Sec. 2-55.1. Same– Removal of members.
Any member of the commission so appointed may be suspended or removed as provided in the Leominster home rule charter.
(7-22-96.)
Sec. 2-55.2. Same– Compensation of members.
The members of the commission shall receive such compensation for their services as may be determined by the mayor and the city council.
(7-22-96.)
Sec. 2-56. Same– Powers and duties; meetings.
(a) The commission shall oversee the operation and maintenance of the water/wastewater treatment plants and sludge removal facility. It shall determine that such operations are in accordance with applicable environmental protection laws and the standards of the Leominster board of health.
(b) The commission shall review the water/wastewater treatment plant proposed annual budget with reference to revenues raised by the water/sewer use ordinances and advise the mayor whether such revenues appear to be sufficient for the proper operation and maintenance of the water/wastewater treatment plants and related facilities.
(c) The commission shall act as an advisory board to the director in connection with the wastewater/water treatment plants and sludge removal facility, and as to sewer and water permits. It shall be empowered to make abatements pertaining to water charges and the sewer users fee upon the affirmative recommendation of the director.
(d) The commission annually shall review and make recommendations to the mayor and the city council concerning the condition and rehabilitation of the water and sewer infrastructure in the city of Leominster.
(e) Meetings of the commission will be held once a month or as otherwise designated by the commission. Special meetings of the commission may be called as specified in the Leominster home rule charter.
(7-22-96.)
Sec. 2-57. Director of public works– Appointment, qualifications, term and removal.
The mayor shall appoint, subject to confirmation by the city council, a director of public works who shall be a person having a four-year college degree or otherwise fitted by education, training and experience to efficiently perform the duties of his office. The director shall hold office for a term of three years or until his successor is appointed and may be removed from office in the same manner as other department heads.
(3-22-71; 6-11-73.)
Sec. 2-58. Same– Powers and duties generally.
The director of public works shall be the administrative head of all of the departments placed in his charge. His powers and duties, in addition to those otherwise conferred or imposed upon him, shall include the following:
(a) The director shall have and exercise all of the powers and duties, except those pertaining to assessments and abatements, vested immediately prior to his appointment and from time to time by general or special law or by city ordinance in the following boards and offices of the city which shall be abolished upon the effective date of this article: Sewer commissioners, superintendent of streets and sewers and water commissioners.
(b) He shall establish within the department of public works the following divisions:
(1) Administration.
(2) Street and sewer.
(3) Water.
(4) Forestry and parks, including recreation grounds.
(5) Equipment and maintenance.
Each division shall assume such management and control as shall be determined by the director.
(c) He shall have the power to make rules and regulations for the governing of the department of public works and divisions thereof, shall attend to the proper enforcement of the same and shall have jurisdiction over the divisions and over each member of each division.
(d) He shall appoint, upon merit and fitness alone, and shall remove all personnel of the department, subject to prevailing General Laws and city ordinances.
(e) He shall attend meetings of the city council, when requested by them to do so, and shall recommend to the council for adoption such measures requiring action by them as he may determine necessary or expedient.
(f) He shall keep full and complete records of his office, shall render to the mayor and city council, as often as may be required by them, a full report of all operations under his control during the period reported on and annually, or oftener if required by the city council, shall make a synopsis of his reports for publication.
(g) He shall keep the mayor and city council fully advised as to the needs of the city within the scope of his duties, shall furnish the mayor and the council, on or before the first day of December of each year, a detailed list of the appropriations required during the next ensuing fiscal year for the proper conduct of all departments under his control and a master plan for all major public works for the city, giving priority to the projects in accordance with their necessity and importance and shall establish long range planning as may be determined to the best interest of the city.
(h) He shall cause to be performed all of the work of construction, reconstruction, alteration, repair, maintenance and upkeep and all other work incidental thereto of the former department of streets and sewers, board of water commissioners and forestry department in accordance with policies of long range plans, priority of major projects and capital outlay requirements.
(i) He shall inspect all streets and ways being constructed under the subdivision control law to ascertain whether such construction complies with plans filed with the planning board and with all planning board regulations, city ordinances and state statutes and shall give to the planning board a report of his inspection prior to the release of any bond posted by the developer constructing such street and prior to the approval of such street by the planning board.
(j) He shall return any petitions submitted to the city council and referred to the director and board to the council with the recommendation of the director and board or the reason for the absence of such recommendation within thirty days of the submission of each petition to the director and the board.
(k) In the event that the director is absent from the city, he shall notify the city clerk's office in writing of the person designated by the director to assume his responsibilities during his absence.
(l) He shall appoint an assistant director to assist him in the general supervision of all of the divisions in the department of public works. Such assistant director shall have full authority and responsibility for the operation of the department of public works in the absence of the director.
(3-22-71; 3-28-77; 7-28-97.)
Sec. 2-59. Transfer of employees.
All person employed by and under the supervision of the sewer commission, the department of streets and sewers, the water commission and the cemetery commission shall, upon the effective date of this article, be transferred to the department of public works. All such transfers of personnel shall be made without loss of pay and without change of rating, seniority, retirement or pension rights or any other privileges under any provisions of law or ordinance. The incumbent superintendents of such departments and offices affected by this section, when transferred to the department of public works, shall become the superintendent of the corresponding divisions of the department.
(3-22-71.)
Sec. 2-60. Amendment of powers, duties, etc., of director and commission.
The duties, powers and responsibilities of the director and/or those of the commission may be broadened or diminished at any time consistent with prevailing General Laws or city ordinances.
(5-13-85.)
ARTICLE XV. As to air pollution, see ch. 3 of this Revision.
Sec. 2-61. Appointment: membership; qualifications; terms.
The board of health shall consist of three persons, one of whom shall be a physician and no one of whom shall be a member of the city council. In January of each year, one member shall be appointed by the mayor subject to confirmation by the city council for the term of three years from the first Monday of the following February.
(R. O. 1960, ch. 7, § 1.)
Sec. 2-62. Election of chairman and clerk; quorum.
In February of each year the board shall choose by ballot one of its members as chairman and may choose a clerk who shall not be a member of the board. Two members shall constitute a quorum for the transaction of business.
(R. O. 1960, ch. 7, § 2.)
Sec. 2-63. Powers and duties generally.
The board of health shall have the following powers and duties:
(a) The board may make reasonable health regulations which shall be published once in a newspaper in the city.
(b) The board shall appoint from the classified civil service list one or more inspectors of plumbing who shall be practical plumbers and shall have had practical experience, either as master plumbers or journeymen, continually during five years next preceding their appointment, but who shall not engage in or work at the business of plumbing during their term of office. In addition to their regular duties, the inspectors of plumbing may be assigned the duties of inspectors of gas piping and gas appliances by the board. Such duties shall include the enforcement of the Massachusetts Code for Installation of Gas Appliances and Gas Piping as established by chapter 737 of the Acts of 1960 of the General Laws. Additional compensation, as provided by budget, shall be allowed, and the board may remove such inspector for cause shown.
(c) The board, subject to the provisions of chapter 31 of the General Laws, shall appoint one or more inspectors of milk and one or more collectors of samples of milk, whose compensation shall be fixed by the board of health. Each person so appointed shall be sworn before entering upon his official duties and shall publish a notice of his appointment for two successive weeks in a newspaper published in the city. Such inspectors may be removed in the manner provided in sections 43 and 45 of chapter 31 of the General Laws or any acts in addition thereto or in amendment thereof. Such inspectors of milk shall also act as inspectors of vinegar.
(d) The board shall annually, in March, nominate one or more inspectors of slaughtering, one of whom shall be a registered veterinary surgeon, and before April first shall send to the state department of public health the name, address and occupation of such nominee. The board of health shall appoint such inspector, when approved by the state department of public health, for the term of one year. Such inspector shall be sworn to the faithful performance of his official duties.
(e) The board shall keep a full record of all votes and acts which may be examined at any reasonable time by any resident of the city.
(f) The board shall annually, in January, make a full and comprehensive report to the city council of its acts during the preceeding year.
(R. O. 1960, ch. 7, §§ 3 to 8, ch. 29, pt. 3, §§ 1 to 3; 8-23-65.)
Sec. 2-64. Office hours.
The office of the board shall be open to the public daily, Saturdays, Sundays and legal holidays excepted, from 8:30 A.M. to 4:00 P.M. On Thursdays the office shall be open from 8:30 A.M. to 7:30 P.M.
(R.O. 1960, ch. 7, § 9.)
ARTICLE XVI. As to zoning regulations generally, see ch. 22, the zoning ordinance.
Sec. 2-65. Established; appointment and terms of members.
The city shall have a planning board to consist of not less than five nor more than nine members, appointed by the mayor, subject to confirmation by the city council.
On or before the first Monday of February of each year, one member of the planning board shall be appointed to serve for the term of five years from that date.
(8-28-72, §§ 1, 2.)
Sec. 2-66. Compensation of members.
The members of the board shall receive such compensation for their services as may be determined by the mayor and the city council.
(8-28-72, § 3.)
Sec. 2-67. Powers and duties.
The planning board shall have all of the powers and duties granted to planning boards by the General Laws of the state, chapter 41, sections 81A to 81 GG inclusive. and acts in amendment thereof and in addition thereto.
(8-28-72, § 4.)
Sec. 2-68. Employment of planning director and assistant planning director– Subject to appropriation.
The planning board, subject to appropriation, may employ a planning director and an assistant planning director.
(6-8-87.)
Sec. 2-69. Same– Qualifications considered in appointment; powers and duties assumed by appointee.
(a) In selecting and appointing a planning director and an assistant planning director, the board shall take into consideration the education, training and experience of the applicants to perform the duties of the position.
(b) Consistent with the general purposes of section 2-67, the city planner shall:
(1) Plan, organize and direct the activities of professional, technical, administrative and clerical personnel of the planning department, engaged in the compilation, analysis and interpretation of data pertaining to municipal planning.
(2) Initiate and conduct studies of the resources, possibilities and needs of the city and its metropolitan area.
(3) Prepare plans and recommendations for submission to the mayor and city council:
a. For the use of land for residential, commercial, industrial, recreational and other purposes.
b. For controlling of shifts in population.
c. For situating public and private ways, bridges, tunnels, parks, recreation facilities, public buildings, public utility services, public housing projects, slum clearance and urban redevelopment and redevelopment projects, public garages and off-street parking facilities.
d. For affording further facilities for the housing, transportation, employment, health, safety and general welfare of the population.
(4) Act as technical adviser to the mayor, city council, planning board and other city agencies or officials on municipal planning matters.
(5) Publish and distribute such copies of plans or reports as the council may authorize in connection with planning and development problems and policies.
(6) Prepare and submit annually a long-range capital improvement program for the city, including data as to the cost of each project recommended, relative priorities of projects from an urgency and desirability standpoint and the amounts that might be available from borrowed funds, federal or state grant-in-aid or loans, special revenue and trust funds, accumulated surplus and funds obtained from the annual tax levy, together with the estimated amounts returnable to the city by betterment assessments.
(7) Prepare and administer the departmental budget recommendations.
(8) Participate in the administration of the zoning, subdivision and other related ordinances.
(9) Confer with civic groups, prepare public relations programs, participate in planning conferences and speak to public gatherings.
(10) Perform such other duties in the field of municipal planning as the city council may ordain or the mayor direct.
(11) The assistant planning director shall assist in the performance of the planning director's duties and responsibilities, as outlined in this section.
(8-28-72, § 6; 6-8-87.)
Sec. 2-69.1. Expenditure of appropriated funds.
In the expenditure of funds appropriated for the use of the planning board, the board shall be subject to all the provisions of the General Laws of the state, the city Charter and this Code or other applicable ordinances of the city.
(8-28-72, § 7.)
Sec. 2-69.2. Creation and supervision of planning coordinator.
A division of planning coordinator is hereby created under the supervision and direction of the mayor. The planning director shall be the planning coordinator by virtue of his office and shall direct the division. The economic development coordinator and the community development coordinator and their respective staffs shall be under the direction and supervision of the planning coordinator.
(4-11-88.)
Sec. 2-69.3. Duties.
The division of planning coordinator shall review, evaluate and, where appropriate, update and keep updated all available planning reports and materials in the possession of the city; it shall undertake reconnaissance survey of emerging and foreseeable problems and opportunities of the city; it shall coordinate the activities of its office with the planning board and all other public agencies and private groups concerned with the present and future plans of the city; it shall make its staff and services available to the planning board and to such other board, commission or agency as the mayor may from time to time direct.
(4-11-88.)
ARTICLE XVII. Sec. 2-70. Composition, appointment and term.
The board of registrars of voters shall consist of the city clerk and three other persons appointed by the mayor with the approval of council as follows:
(a) In February or March of each year, one registrar shall be appointed who shall serve for a term of three years, beginning with April first following, or until his successor is appointed and qualified.
(b) The registrars of voters shall be so appointed that the members of the board shall equally represent the two leading political parties.
(c) No person shall be appointed a registrar who holds any city, state or national office by election or appointment.
(R. O. 1960, ch. 21 §§ 1 to 3.)
Sec. 2-71. Registration sessions.
The registrars, for the purpose of registering voters, shall hold such day and such evening sessions as the city council shall prescribe, and such other sessions as they deem necessary.
(R. O. 1960, ch. 21, § 4.)
Sec. 2-72. Sessions and records to be open to public.
The registrars shall perform their duties in open session, and their records shall at suitable times be open to public inspection.
(R. O. 1960, ch. 21, § 5.)
ARTICLE XVIII Sec. 2-73. Created; membership.
A board of commissioners of trust funds is hereby created to consist of three persons to be appointed by the mayor, subject to confirmation by the city council, who shall serve without compensation. The city treasurer shall not be a member of this board.
(R. O. 1960, ch. 27, §§ 1, 7.)
Sec. 2-74. Appointment and term of members.
On or before the first Monday of February, 1931, the mayor shall appoint one member of the board to serve for the period of three years, one for the period of two years and one for the period of one year. Annually thereafter, on or before the first Monday in February, he shall appoint one member to serve for the term of three years from that date.
(R. O. 1960, ch. 27, § 2.)
Sec. 2-75. Election of chairman and secretary; quorum.
During the month of February of each year the board shall elect by ballot from its own membership a chairman and a secretary. Two members shall constitute a quorum for the transaction of business.
(R. O. 1960, ch. 27, § 3.)
Sec. 2-76. Duties generally.
The board shall perform the following duties:
(a) To manage all trust funds given or bequeathed for the benefit of the city or the inhabitants thereof, unless the donor in making the gift or bequest has otherwise provided.
(b) To, 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.
(c) To keep a record of its doings and, at the close of each financial year, make a report to the city showing the total amount of the funds and their investments, receipts and disbursements on account of same and setting forth in detail the sources of the receipts and the purposes of the expenditures.
(R. O. 1960, ch. 27, §§ 4, 5.)
Sec. 2-77. City treasurer to have custody of funds, etc.; bond required of treasurer.
The city treasurer shall be the custodian of all funds and securities of such trust funds, shall invest and reinvest them and shall expend therefrom moneys as directed by the commissioners. The treasurer shall furnish a bond satisfactory to them for the faithful performance of his duties.
(R. O. 1960, ch. 27, § 6.)
ARTICLE XIX. Sec. 2-78. Established; appointment and term of members.
There is hereby established a development and industrial commission consisting of not less than five nor more than fifteen members.
On or before the first Monday in February of each year the members shall be appointed by the mayor, subject to confirmation by the city council, for a term of five years. Such appointments shall be arranged so that the terms of one fifth of the members will expire each year.
(R. O. 1960, ch. 44, §§ 1, 2.)
Sec. 2-79. Removal of members.
Any member of a board so appointed may be removed for cause after a public hearing, if requested, by the mayor with the approval of the city council.
(R. O. 1960, ch. 44, § 3.)
Sec. 2-80. Powers and duties generally.
The development and industrial commission shall conduct researches into industrial conditions, shall seek to co-ordinate the activities of unofficial bodies organized for such purposes and may advertise, prepare, print and distribute books, maps, charts and pamphlets which in its judgment will further the provisions for which it is created. The commission may appoint such clerks and other employees as it may require.
(R. O. 1960, ch. 44, § 4.)
ARTICLE XX. Sec. 2-81. Established; composition; appointment and term of members.
There shall be a capital improvement commission consisting of the city treasurer and the city accountant, ex officios, three citizens of the city to be appointed by the mayor with city council confirmation and three members of the city council (the president, chairman of finance committee and chairman of city property committee). The citizen members shall be designated in their initial appointments to serve respectively for one, two and three years. Upon the expiration of the term of office of an appointed member, his successor shall be appointed for three years.
(5-22-61.)
Sec. 2-82. Election of chairman and secretary.
The members of the commission shall annually choose from their own membership a chairman and a secretary.
(5-22-61.)
Sec. 2-83. Compensation.
No member of the commission shall receive compensation for his services, but the necessary expenses of the commission shall be paid by the city.
(5-22-61.)
Sec. 2-84. Powers and duties generally.
The capital improvement commission shall have the following powers and duties:
(a) The commission shall conduct research into capital improvements, including the replacement of presently owned equipment, and shall seek to coordinate the establishment of a long-range program, and for such purposes it may engage professional consultants with the approval of the mayor and city council.
(b) The commission may recommend that an appropriation for the purpose of creating a stabilization fund as provided for in section 5B of chapter 40 of the General Laws be included in the annual city budget; provided, that no funds appropriated under such section shall be expended without the recommendation of a majority of the commission.
(c) Requests for capital improvements and equipment by any city department, the cost of which are estimated to exceed five thousand dollars, shall have the approval of a majority of members of the commission prior to the mayor's submission of the appropriation to the city council.
(5-22-61.)
ARTICLE XXI. Sec. 2-85. Established; composition; appointment and term of members; appointment of chairman, clerks, etc.
There is hereby established a council for the aging consisting of eleven members appointed by the mayor from residents of the city, subject to confirmation of the city council. Members should be selected based upon their interest in and commitment to the senior citizens of the city. Council membership should be intergenerational and represent a variety of backgrounds. The mayor shall initially appoint four persons for a term of three years, four persons for a term of two years and three persons for a term of one year. Upon expiration of the term of office of an appointed member, a successor shall be appointed for a term of three years.
The chairman of the council shall be appointed by the mayor, and the council may appoint such clerks and other employees as it may require.
(R. O. 1960, ch. 45; 7-8-91; 7-10-95.)
Sec. 2-86. Duties generally.
It shall be the duty of the council to carry out programs designed to meet problems of the aging in coordination with programs of the council for the aging established under section 73, chapter 6 of the Massachusetts General Laws. Meetings of the council shall be held once a month, except in the months of July and August. During these two months, the council shall not be required to meet.
(R. O. 1960, ch. 45; 7-8-91.)
ARTICLE XXII. Sec. 2-87. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Attack. Any attack or series of attacks by an enemy of the United States causing or which may cause substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological or biological means or by other weapons or processes.
Duly authorized deputy. A person who is presently authorized to perform all of the functions, exercise all of the powers and discharge all of the duties of an office in the event that the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer.
Emergency interim successor. A person designated pursuant to this article for possible temporary succession to the powers and duties, but not the office, of a city officer in the event that such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
Unavailable. A vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and his duly authorized deputy are absent or unable for physical, mental or legal reasons to exercise the powers and discharge the duties of the office.
(10-28-68.)
Sec. 2-88. Emergency interim successors– Designated.
(a) In the event of attack as a result of which the incumbents are or become unavailable, the alternates shall be as are designated by the city council as emergency interim successors:
(b) The city council shall review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three such qualified emergency interim successors or duly authorized deputies or any combination thereof for each officer specified.
(c) No person shall be designated or shall serve as an emergency interim successor unless he may, under the Constitution and statutes of this State and the Charter or ordinances of this city, hold the office of the person to whose powers and duties he is designated to succeed, but no provision of any ordinance prohibiting an officer or employee of this city from holding another office shall be applicable to an emergency interim successor.
(d) A person designated as an emergency interim successor holds that designation at the pleasure of the city council; provided, that he must be replaced if removed. He retains this designation as emergency interim successor until replaced by another appointed by the city council.
(10-28-68.)
Sec. 2-89. Same– Assumption of powers and duties.
An emergency interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or any duly authorized deputy or an emergency interim successor higher in rank in order of succession exercises or resumes the exercise of the powers and discharge of the duties of the office or until where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified by law.
(10-28-68.)
Sec. 2-90. Same– Records.
The city clerk shall keep on file all data regarding duly authorized emergency interim successors, and such records shall be open to public inspection.
(10-28-68.)
Sec. 2-91. Same– Taking office.
At the time of their designation, emergency interim successors shall take such oath and do such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.
(10-28-68.)
Sec. 2-92. Quorum and vote requirements.
In the event of an attack, quorum requirements for the city council shall be suspended, and where the affirmative vote of a specified proportion of members for approval of an ordinance, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.
(10-28-68.)
ARTICLE XXIII. For charter provisions as to ordinances, see Char., §§ 6.01 to 6.05.
Sec. 2-93. Form.
All by-laws of the city shall be termed ordinances, and the enacting style shall be "Be it ordained by the city council of the City of Leominster as follows:"
(R. O. 1960, ch. 2, § 1.)
Sec. 2-94. Effective date.
All ordinances shall take effect upon their passage, unless otherwise expressly provided therein.
(R. O. 1960, ch. 2, § 2.)
Sec. 2-95. To be recorded by city clerk.
All ordinances shall be recorded by the city clerk in a loose-leaf binder which shall be kept in the office of the city clerk and which shall be open to public inspection.
(R. O. 1960, ch. 2, § 3.)
Sec. 2-96. Copies to be sent to chief of police and clerk of district court.
Immediately upon the passage of any ordinance or amendment to any ordinance, an attested copy of the same shall be sent by the city clerk to the chief of police and to the clerk of the district court of the city.
(R. O. 1960, ch. 2, § 4.)
Sec. 2-97. Repeal not to affect former ordinances.
When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be therein so expressly provided.
(R. O. 1960, ch. 2, §7.)
Sec. 2-98. Ordinances to be enacted as amendments or additions to Revision.
All ordinances hereafter enacted or presented to the city council for enactment shall be drafted, so far as possible, as specific amendments of or additions to the Revised Ordinances.
(R. O. 1960, ch. 2, § 8.)
ARTICLE XXIV. Sec. 2-99. Appointment of members.
On or before the first Monday of February in each year the mayor shall appoint, in accordance with the provisions of chapter 40, section 8C of the General Laws of the state, and subject to confirmation by the city council, members of the conservation commission.
(6-25-73.)
Sec. 2-100. Compensation of members.
The members of the commission shall receive such compensation for their services as may be determined by the mayor and city council.
(6-25-73.)
Sec. 2-101. Powers and duties.
The commission shall perform the duties and functions and carry out the purposes provided by chapter 40, section 8C of the General Laws of the state.
(6-25-73.)
ARTICLE XXV. Sec. 2-102. Established.
There is hereby established a cable television advisory committee to advise and aid the mayor in matters concerning the operation, development and licensing of cable television communications within the city.
(2-10-92.)
Sec. 2-103. Appointment– Membership– Terms.
(a) The committee shall consist of seven residents of the city to be appointed by the mayor, subject to confirmation by the city council, who shall serve without compensation.
(b) The mayor shall appoint one such member chairman and the committee may elect from its membership such other officers as it deems necessary.
(c) When the committee is first established, three members shall be appointed to serve a term of three years, three members shall be appointed to serve a term of two years and one member shall be appointed to serve a term of one year. Thereafter, members shall be appointed to serve a term of three years each.
(2-10-92.)
Sec. 2-104. Powers and duties.
(a) The committee shall monitor the operation and development of the cable television communications licensed by the city and shall report to the mayor on a licensee's compliance with the terms of the license issued and applicable law.
(b) The committee shall also:
(1) Develop, publish and amend as necessary, from time to time, rules and procedures that define the manner by which the committee shall conduct its business. The committee shall submit the same to the mayor for approval prior to final adoption and publication;
(2) Report to the mayor upon the status of any construction of the cable television system as it affects the city to ensure compliance with the terms of the license and applicable law;
(3) Make such inspections and inquiries as are necessary to insure that the licensee maintains the cable television system and provides the services, as required by the license;
(4) Audit all license records required to be maintained by the licensee by chapter 166A of the General Laws of the Commonwealth of Massachusetts, by the Massachusetts Cable Television Commission, or by the Federal Communications Commission and, in its discretion, to require the preparation and filing of additional information, if the same may be required under the terms of the license or applicable law;
(5) Conduct annual evaluations of the state of the art in general and the state of the cable television system of the city and the licensee in particular, and to file an annual report when requested with the mayor concerning such matters as subscriber rates and charges, programming, utilization of access channels and consumer complaints, and to make recommendations to the mayor for amendments to the license;
(6) Establish monthly public meetings for the purpose of hearing and disposition of complaints from any person, firm, corporation or other entity relating to the operation of the cable television system within the city. Recess during the months of July and August is permitted; and
(7) Advise the mayor on matters which might constitute grounds for revocation of the license in accordance with the license and any applicable law.
(2-10-92.)
ARTICLE XXVI. Sec. 2-105. Established– Appointment and terms of members.
There shall be a cemetery commission consisting of three persons appointed by the mayor, subject to confirmation by the city council, for terms of three years. Of the members first appointed, one member shall be appointed for a term of one year, one member for a term of two years and one member for a term of three years. Thereafter, all members shall be appointed for terms of three years and such appointment shall be made on or before the first Monday of February.
(7-28-97.)
Sec. 2-106. Powers and duties.
The cemetery commission shall have the powers and be subject to the restrictions of a board of cemetery commissioners as set forth in chapter 114, section 27 of the General Laws. The commission shall, subject to the supervision and control of the mayor, maintain the public cemeteries in the city, and shall, with the approval of the mayor, appoint such employees as are necessary to maintain such cemeteries.
(7-28-97.)
Sec. 2-107. Compensation.
The members of the commission shall receive such compensation for their services as may be determined by the mayor and city council.
(7-28-97.)
ARTICLE XXVII Sec. 2-108. Established– Appointment by city council.
There is hereby established a position of legal counsel to the city council, in accordance with article III, section 3.7(c) of the city Charter. The legal counsel shall be appointed by majority vote of the city council on or before the first Monday of February of each year for a term of one year. The legal counsel must be qualified to practice in the courts of the commonwealth.
ASSESSING DEPARTMENT.
PUBLIC LIBRARY DEPARTMENT.
DEPARTMENT OF VETERANS' SERVICES.
DEPARTMENT OF PUBLIC WORKS.
BOARD OF HEALTH
PLANNING BOARD.
REGISTRARS OF VOTERS.
. BOARD OF COMMISSIONERS OF TRUST FUNDS.
DEVELOPMENT AND INDUSTRIAL COMMISSION.
CAPITAL IMPROVEMENT COMMISSION.
COUNCIL FOR THE AGING.
CONTINUITY OF GOVERNMENT.
ORDINANCES.
CONSERVATION COMMISSION.
CABLE TELEVISION ADVISORY COMMITTEE.
CEMETERY COMMISSION.
. LEGAL COUNSEL TO CITY COUNCIL