Articles
and Sections:
2-1
Acceptance of office subject to statute and ordinance-- Statement required.
2-2
Bonds required of officers
2-3
Removal of officers.
2-4
Boards and meetings--Organization.
2-5
Keeping of records.
2-6
Hours of business.
2-7
Accident reports.
II.
APPOINTMENT OF OFFICERS, EMPLOYEES, COUNCILS AND
COMMISSIONS
2-8
Appointments and terms.
28A
Appointment of Constables
2-9
Appointments to fill vacancies.
III.
MAYOR
2-10
Execution of conveyances, leases and other instruments.
2-11
Authority to release City from deeds.
2-12
Authority to close buildings--Display of flags.
2-12A
Mayor, Clerical Assistance
2-12B
Administrative Assistant to Mayor
2-13
State of the City address.
IV. CITY CLERK
2-14
Duties.
2-15
Attendance at general meetings.
2-16
Records of elections and appointments.
2-17
Notices to auditor and treasurer.
2-18
Issuance of licenses.
2-19
Custody of City records and documents.
2-20
Recording of ordinances.
2-21
Department personnel.
2-22
Display of flags at elections.
2-23
Clerk to swear in city engineer.
2-24
Contacting of newly elected Councillors.
V. CITY
TREASURER/COLLECTOR - DUTIES AS TREASURER
2-25
Duties as Treasurer; Signing of Notes & Bonds
2-26
Keeping of accounts--Payment of funds only upon order.
2-27
Monthly statement--Annual report.
2-28
Authority to cancel and reissue bonds--Countersignatures.
2-29
Receipt and exchange of bonds -- Countersignatures.
2-30
Clerical Assistance - Treasurer functions
2-31
Discharge of mortgages.
2-32
Authority to vest City's title in persons redeeming estate purchased for
nonpayment
of
taxes.
2-33
Majority vote of Council required for assignment of tax-title property.
VI.
TREASURER/COLLECTOR - DUTIES AS COLLECTOR
2-34
Duties as Collector.
2-35
Bond Required.
2-36
Collection of Accounts
2-37
Annual report.
2-38
Deputy Collectors.
2-39
Clerical assistance - Collector's functions
2-40
(Reserved).
2-41
Notice of zoning changes
VII.
HUMAN RESOURCES DIRECTOR
2-41
Human Resources Director; Planning and Direction of Personnel Program.
2-42
(Reserved).
VIII.
CITY PHYSICIAN
2-43
Duties--Generally.
2-44
Vaccinations.
2-45
Examination of police candidates, officers and prisoners.
2-46
Annual report.
IX.
CLERK OF COMMITTEES
2-47
Duties.
2-48
Contacting of newly elected Councilors.
X. LAW
DEPARTMENT.
2-49
City Solicitor--Qualifications.
2-50
Drafting of bonds, deeds and other official documents.
2-51
Signing of contracts.
2-52
Prosecution of actions and suits.
2-53
Furnishing of legal opinions.
2-54
Annual report.
2-55
Compensation in excess of established salary-- Vote of Council.
2-56
Clerical and Professional Assistance.
2-57
City Council approval required for settlements in excess of one thousand
dollars.
2-58
(Reserved).
XI.
POLICE DEPARTMENT
2-59
Composition of department.
2-60
Appointment of chief and other officers.
2-61
Oath required.
2-62
Physical and mental examinations required.
2-63
Rules and Regulations of the Department.
2-64
Chief of police--Duties.
2-65
Chief of police--Appearance in court for prosecution of violations.
2-66 Chief
of police--Record of arrests and disposition of complaints.
2-67
Chief of police--Report to treasurer of fines and fees--Removal of nuisances.
2-68
(Reserved)
2-69
(Reserved)
2-70
Duties of members.
2-71
Enforcement of laws and ordinances
2-72
(Reserved)
2-73
Uniforms and equipment.
2-74
(Reserved)
2-75
(Reserved)
2-76
(Reserved)
2-77
(Reserved)
2-78
Use of weapons.
XII.
FIRE DEPARTMENT
2-79
Personnel--Assignment among different companies-- Reserve force.
2-80
Fire stations--Number and location.
2-81
Appointment and assignment of officers--Duties.
2-82
Substitute firemen.
2-83
Mechanician--Duties.
2-84
Fire chief—Supervisory Duties.
2-85
Fire chief--Command of department.
2-86
Fire chief--General powers and duties.
2-87
Provisions for members in case of injury or disability.
2-88
Absences and vacations--Call men.
2-89
Conduct of members.
2-90
Fire apparatus not to be removed from City.
2-91
Driving over hoses.
2-92
Right-of-way.
2-93
Retirement of disabled or aged members.
2-94
City physician to examine members.
2-95
Certificates of retirement.
2-96
Aid to other cities.
2-97
Issuance and revocation of permits.
2-98
Cleaning of snow from around fire hydrants.
2-99
Fees for inspections and permits.
XIII. AUDITING DEPARTMENT
2-100
Election of auditor.
2-101
Powers, duties and responsibilities.
2-102
Books and records to be kept.
2-103
Filing of records and reports with auditor.
2-104
Bill collection schedules to be filed with auditor.
2-105
Statement of departmental receipts to be filed with auditor.
2-106
Countersigning of bonds, notes and certificates-- Records to be kept.
2-107
Custodian of bonds, contracts and other legal instruments--Register of sureties
of
bonds.
2-108
Annual report to Mayor and City Council.
2-109
Annual audit by state.
2-110
Examination of bills and demands.
2-111
Committee on finance-audit to examine accounts and claims.
2-112
Presentation of accounts to Mayor.
2-113
Approval of certain bills for prompt payment.
2-114
Approval of certain large bills.
2-115
Appropriations.
2-116
Accounts with collector and treasurer.
2-117
Signing of orders and bonds drawn by Mayor.
2-118
Examination of accounts of other officers.
2-119
Auditor to be present at opening of bids.
2-120
Clerical assistance.
XIV. VETERANS' BENEFITS DEPARTMENT
2-121
Appointment of Director Agent.
2-122
Clerks.
XV. CEMETERY DEPARTMENT
2-123
Composition of department.
2-124
Appointment of superintendent and other employees.
2-125
Burial of still-borns.
XVI. DATA PROCESSING DEPARTMENT
2-126
Manager of Information Systems.
XVII. PLANNING BOARD.
2-127
Establishment.
2-128
Director of the Planning Board.
2-129
Secretary of the Planning Board.
2-129A
Grant Writer.
XVIII. BOARD OF ASSESSORS
2-130
Mayor to appoint board.
2-131
Organization.
2-132
Assistant assessors.
2-133
Duties--Generally.
2-134
Chief Appraiser/Department Manager
2-135
Senior appraiser/Assistant Assessor
2-136
Appraiser/Assistant Assessor
2-137
Department Systems Manager.
2-138
Office Supervisor/Assessment Analyst.
2-139
Principal Clerk/Personal Property and Excise Tax Analyst; Senior Clerk/Word
Processing
Clerk
2-140
Bimonthly report of assessors to City Council.
XIX. DEPARTMENT OF INSPECTION SERVICES
2-141
Personnel.
2-142
Acceptance of state law.
2-143
Compensation.
XX. CONSERVATION COMMISSION
2-144
Establishment.
2-145
Organization.
2-146
Powers, duties and responsibilities.
2-147
Assistants.
2-148
Conservation Administrator.
XXI. HISTORICAL COMMISSION
2-149
Establishment.
2-150
Organization.
2-151
Powers, duties and responsibilities.
2-152
Records of meetings--Annual report.
XXII. RECREATION COMMISSION
2-153
Appointment of commission.
2-154
Organization.
2-155
Powers of commission.
2-156
Appointment of director and personnel.
2-157
Commission to submit budget.
2-158
Commission to make full reports.
2-159
Clerical personnel.
XXIII. LOCAL COUNCIL ON AGING
2-160
Establishment--Purpose.
2-161
Organization.
2-161A
Director of Council on Aging.
2-162
Powers and duties.
XXIV. PUBLIC HEARING NOTICES
2-163
Cost of advertising.
2-164
Deposit required from applicant.
2-165
Costs of advertising to be paid before issuance of license or permit.
XXV. CIVIL DEFENSE
2-166
Civil defense preparedness agency.
2-167
Co-directors--Appointment--Responsibility.
2-168
Police and fire chiefs may be appointed as co-directors-- Duties of co-directors.
2-169
Fire and police protection.
2-170
Clerical personnel.
XXVI. CITY AMBULANCE SERVICE
2-171
Maintenance and operation of service.
2-172
Authority of fire department.
2-173
Limits of service.
2-174
Rates of service.
2-175
Responsibility of fire department--Procedures.
2-176
Billing—Responsibilities, procedures and abatements.
XXVII. CITY VEHICLES
2-177
City-owned vehicles.
2-178
Employee Use of Personal Vehicles in the Conduct of Official City Business.
XXVIII. COMPENSATION OF OFFICERS AND EMPLOYEES
2-179
Salaries of Mayor, members of City Council, officers and employees.
2-180
Base salaries.
2-181
Police and fire chiefs--Compensation.
2-182
Acting police and acting chief fire engineer-- Compensation.
2-183 Acting
building Commissioner--Compensation.
2-184
Clerical salary schedules.
2-185
Part-time employees--Salary increases.
2-186
Public works--Overtime pay.
2-187
Salaries for temporary help or employment.
2-188
Full-time salaried employees--Overtime.
2-189
Miscellaneous salary restrictions.
2-190
Sick leave, attendance records, vacation and other incentives.
2-191
Unused accumulated sick days--Payment.
2-192
Longevity benefits.
XXIX. PERSONNEL
2-193
Regular full-time employee work hours--Exceptions.
2-194
Public works department personnel.
2-195
Clerical help for various departments.
2-196
Bond counsel--Special employee status.
XXX. PARKS DIVISION
2-197
Personnel.
2-198
Appointment, Supervision.
2-199
Duties.
2-200
Compensation.
XXXI. PURCHASING DEPARTMENT
2-201
Department Personnel -- Appointments
XXXII. BOARD OF HEALTH
2-202
Membership
2-203
Annual Organization and naming of officers, agents and assistants.
2-204
Appointment of clerks.
2-205
Health Agent and Inspectors.
XXXIII. WOBURN COMMISSION FOR HANDICAPPED AND DISABLED
2-206
Establishment.
2-207
Purpose.
2-208
Membership; Vacancies; Officers.
2-209
Definition of a Person with a Handicap or Disability.
2-210
Powers and Duties.
XXXIV. SIGN
REVIEW BOARD (SRB) FOR DOWNTOWN AND BUSINESS
NEIGHBORHOOD
DISTRICTS (numbered as passed)
2-206
Purpose for Sign Review Board.
2-207
Membership.
2-208
Annual organization, naming of officers and adoption of rules and regulations.
XXXV. ENGINEERING DEPARTMENT
2-211
City Engineer – Qualifications.
2-212
Duties and Responsibilities.
2-213
Personnel and Professional Assistance.
XXXVI. BIOMEDICAL OVERSIGHT COMMITTEE
2-214
Purpose.
2-215
Definitions.
2-216
Institutional Biosafety Committee (IBC).
2-217
Biomedical Oversight Committee.
2-218
Duties.
2-219
Permit Requirements.
2-220
Reports.
2-221
Restrictions.
2-222
Violation – Notification.
2-223
Enforcement.
XXXVII. SPECIAL MUNICIPAL EMPLOYEES
2-217
School Committee Members.
XXXVIII. HUMAN RIGHTS COMMISSION
2-218
Human Rights Commission Members.
2-218A
Cemetery Commission Members.
============================================================
2-1
Acceptance of office subject to statute and ordinance- Statement required.
Every
officer appointed by the Mayor, with or without the confirmation of the City
Council,
or elected by the City Council, or appointed by any administrative officer or
municipal
board, shall be notified of his/her appointment and if said appointee does
not,
within three (3) months after the date of such appointment, take and subscribe
the
oaths of office, his/her appointment shall be deemed void. (Prior Ch. 16 sec.
1).
(Ord.
amended 5/3/94)
2-2
Bonds required of officers.
A. The
several officers named in this subsection shall annually give bonds to the
City in
such form as the City Solicitor shall approve, and in such form and sums
as are
required by law as follows: 1. The treasurer, according to General Laws,
Chapter
41, section 35; 2. The assistant treasurer, according to General Laws,
Chapter
41, section 39A; 3. The City collector, according to General Laws,
Chapter
60, section 13.
B. The
following persons shall give bonds in the form and amount as shall be fixed
by the
Mayor and Council: 1. The clerk in the office of the City collector; 2. The
clerk
in the office of the treasurer; 3. The assistant clerk in the office of the
City
collector;
4. The City Clerk, according to General Laws, Chapter 41, section
13A.
C. The
condition of each of the bonds in addition to any condition required by law
shall
be that the officer therein named shall well and truly perform and discharge
all the
duties of his office and shall account for as required by law and
2-3
Removal of officers.
2-4
Boards and meetings--Organization.
ordinance
all moneys and other property coming into his hands by virtue of his
office,
and that he shall immediately inform the Mayor whenever any surety on
his bond
has died or become insolvent.
D. The
bond of every officer shall continue in force while he continues to hold the
office
to which he has been elected or appointed, whether by reelection,
reappointment
or otherwise.
E. Each
of the bonds shall be signed by an incorporated surety company, approved
by the
Mayor, as surety, unless the Mayor is satisfied that a satisfactory surety
of this
kind cannot be obtained at a reasonable premium, in which case he may
accept
three individuals as sureties (except where the law requires a corporate
surety)
but in such case the sureties shall be executed and approved and
delivered
before the officer enters upon the duties of his office, and within the
time
prescribed by law, or in absence thereof, within thirty days. Any person
required
to give bond as aforesaid shall give a new bond satisfactory to the
Mayor
whenever required by him. Failure to furnish such bond within thirty days
after
request by the Mayor shall be a sufficient cause for removal.
F. The
amount paid as premium for the corporate surety upon any bond aforesaid
shall
be allowed and paid as an expense of the department of which the
principal
on the bond is an officer or employee.
G. The
bond of the treasurer shall be filed with the City Clerk. The bonds of other
City
officials shall be filed with the treasurer.
H. The
City Council shall annually by vote designate a depository or depositories
for
City funds. (Ch.16 sec. 2).
The
method of procedure in the removal of officers removable by the City Council
shall
be as follows: The petition, order or other paper asking for such removal, or
containing
charges or inquiries against any officer shall be referred to a special
committee,
consisting of members of the City Council. The committee shall give a
hearing
forthwith to all parties interested; and a meeting of the City Council shall be
held
within one month after the receipt of report of such committee for its
consideration
and determination; no testimony shall be heard in such meeting. (Prior
Ch. 16
sec. 3).
A.
Every board shall, unless otherwise provided, organize annually by designating
one of
its members as chairman, and by designating a secretary or clerk.
B.
Every board shall, unless otherwise provided, meet at least once a month and
may be
called together at any time by the chairman or a majority of the members
thereof,
or by the Mayor.
C.
Should any of the boards and commissions have issues of interest to a
particular
alderman,
or to the Council as a whole, the issue will be brought to their attention.
(Prior
Ch. 16 sec.10).
2-5
Keeping of records.
A.
Every officer and board in charge of a department shall keep a record of the
acts
and
doings of the department in books kept specially for the purpose, including a
book in
which shall be recorded all changes and alterations made in all contracts
and
specifications for work and materials furnished for each department, and
files
of its papers. The records of every board shall be made by the clerk thereof
upon
the day of the meeting, and be read and approved at the next meeting and
shall
give the names of the members present at the meetings, and their votes
and
proceedings thereat. All such records and files may be at any time
examined
by the City Council and with the exception of medical records and files
shall,
under the supervision of the officer or board in charge, be open to public
inspection.
B. All
officers and boards entrusted with the receipt and expenditures of money
shall
keep the books, records, accounts and papers belonging to their several
departments
in such manner as the director of accounts in the Department of
Revenue
of the Commonwealth shall direct, making the same conform as far as
practicable
to the accounts of the auditor. (Prior Ch. 16 sec. 11).
2-6
Hours of business.
The
offices of the City Clerk, the City treasurer, the superintendent of public
works,
the
board of health and the assessors shall, except as hereinafter provided, be open
for the
transaction of public business on every day except Saturdays, Sundays and
legal
holidays from nine a.m. until four-thirty p.m. with the exception of the office
of
the
City collector which shall close at four p.m. and which office shall be opened
from
seven p.m.to eight-thirty p.m. on Thursday evenings. The office of the chief of
police
shall be open at all hours of the day and night. All other City offices shall
be
open
for the transaction of public business at such hours and times as the Mayor in
writing
filed with the City Clerk shall from time to time appoint. It shall be one of
the
duties
of the Superintendent of Public Works to be present at City Hall on all nights
when
the City Council holds its regular meetings so that he may be available to
furnish
such information as the City Council may request. (Prior Ch. 16 sec. 12).
2-11
2-7
Accident reports.
Any
City employee, department head or otherwise, involved in an accident while
operating
a City-owned vehicle or other equipment shall within twenty-four hours
following
the accident file a written report with the chief of police. (Prior Ch. 16 sec.
22).
2-8
Appointments and terms.
The
Mayor shall appoint annually, subject to confirmation by the City Council,
eleven
members of the local Council on aging for a term of one year (GL Ch. 40,
sec.
8B).
1. The
Mayor shall appoint, annually during March,subject to confirmation by the
City
Council and approval of the commissioner of the animal industry, an
inspector
of animals for the term of one year.
2. The
Mayor shall appoint, annually in the month of May, subject to confirmation
by the
City Council, one member of the board of appeals who shall hold office for
a term
of three years from the first day in June, in the year of appointment
(MGLA
Ch. 40A, Sec.12).
3. The
Mayor shall appoint three principal assessors who shall constitute the board
of
assessors, annually in January from the first Monday in February, next
ensuing,
for a term of three years.
4. The
Mayor shall appoint, annually, one of the members of the board of
assessors
who shall be designated as chairman, and one as secretary. (Charter
VI,
Title VI, Sec. 32; Prior Ch. II; MGLA Ch. 41, Sec. 24).
5. The
Mayor shall appoint a Building Commissioner who shall be a person
specially
fitted by education, training and experience.
6. The
Mayor shall appoint a board of five cemetery commissioners subject to
confirmation
by the City Council, from the first Monday in April next ensuing for a
term of
five years. (Charter - Title VI, Sec. 32)
7. The
Mayor shall appoint a director of civil defense (no definite term specified).
8. The
Mayor shall appoint, annually in the month of May, a weigher of coal, who
shall
hold office for a term of one year from the first day of May in the year of his
appointment.
9. The
Mayor shall appoint a chairman and five members of the conservation
commission
for a term of three years from May 21st.
10.
(Deleted in its entirety 8/15/95)
11. The
Mayor shall appoint annually, not earlier than July 15th nor later than
August
15th, election officers for each voting precinct: a minimum of one warden,
one
clerk and two inspectors, all of whom shall be registered voters of the City,
subject
to confirmation by the City Council, and subject to General Laws Ch. 54,
sec.
36.
2-12
12. The
Mayor shall appoint a fire chief of the fire department, subject to state Civil
Service
Commission Rules and Regulations (GL Ch. 31).
13.
(Reserved)
14. The
Mayor shall appoint, three fence viewers for one year from the first day of
May
next ensuing.
15. The
Mayor shall appoint, annually in June, a forest warden, subject to
confirmation
by the state forester, for one year and until his successor is
appointed
and qualified.
16. The
Mayor shall appoint nine members of the golf and ski authority on January
first,
subject to confirmation by the City Council, three members for six years,
three
members for four years and three members for two years (Chapter 526,
Acts of
1968).
17. The
Mayor shall appoint, annually in the month of April, measurers of grain, who
shall
hold office for a term of one year from the first day in May in the year of
their
appointment.
18. The
Mayor shall appoint three members of the board of health, one of whom
shall
be a physician practicing in the City. He shall appoint as provided in
Chapter
87 of the Special Acts and Resolves and consistently with MGLA Ch.
111,
sec.26, for three years from the first Monday in February.
19. The
Mayor shall appoint seven members of the historical commission, who shall
serve
for three years from the first day in June in the year of their appointment
(MGLA
Ch. 40, Sec 8D).
20. The
Mayor shall appoint four members of the housing authority, subject to the
confirmation
of the City Council, who shall serve for a term of five years from the
first
day in April in the year of their appointment.
21. The
Mayor shall appoint five members of the industrial development financing
authority
subject to confirmation by the City Council, who shall serve for a term
of five
years from the first day in April in the year of their appointment (MGLA Ch.
40D).
22. The
Mayor shall appoint a superintendent of insect pest control for a three year
term,
subject to confirmation by the City Council (MGLA Ch. 132, Sec. 13).
23. The
Mayor shall appoint, annually in the month of January, a trustee of the
Eunice
Thompson Library, for a term of three years from the tenth day of
January
in the year of his appointment. Such appointee shall hold office until his
successor
is appointed and qualified.
24. The
Mayor shall appoint a library trustee for three years from the first Monday in
April,
subject to confirmation by the City Council.
25. The
Mayor shall appoint three members of the licensing commission, subject to
the
confirmation of the City Council, for a six-year term from June 30th (MGLA
Ch.140,
Sec. 1).
26. The
Mayor shall appoint, annually in the month of April, surveyors of lumber,
who
shall hold office for a term of one year from the first day of May in the year
of
their appointment.
2-13
27. The
Mayor shall appoint, subject to confirmation by the City Council, a public
health
nurse who shall perform such duties in the office as the board of health
may
prescribe, who shall hold office until removed in the manner provided by GL
Chapter
31.
28. The
Mayor shall appoint a City physician, consistent with the Charter, Title VI,
Section
32, annually in the month of January, who shall perform duties
consistent
with Sections 2-43 through 2-46 of this code.
29. The
Mayor shall appoint, subject to confirmation by the City Council, annually in
the
month of April, a member of the planning board of the City, who shall hold
office
for a term of five years from the first day of May in the year of his
appointment
(MGLA Ch. 41, Sec. 81A).
30. The
Mayor shall appoint the chief of police and subordinate officers in
accordance
with the Charter, Title VI, Section 32, paragraph six, in so far as it is
consistent
with MGLA Chapter 31.
31. The
Mayor may appoint special police officers in accordance with civil service
commission
rules and regulations.
32. The
Mayor shall, annually in the month of April, appoint the poundkeeper, who
shall
hold office for a term of one year from the first day of May in the year of his
appointment.
33. The
Mayor shall appoint a superintendent of public works for a term of two years,
who
shall be a person specially fitted by education, training and experience to
perform
the duties of the position, and in so far as the appointment is consistent
with
the civil service commission rules and regulations.
34. The
Mayor shall appoint a purchasing agent annually in the month of January,
whose
duties are prescribed by Sections 3-12 through 3-19 of this code (MGLA
Ch. 41,
Sec. 103).
35. The
Mayor shall appoint an assistant purchasing agent in accordance with
MGLA
Chapter 41, section 103, and relative ordinances and civil service
commission
rules and regulations.
36. The
Mayor shall appoint two members of the recreation commission for a term
of five
years, in accordance with sec. 2-153 through 2-159 of this code and
MGLA
Chapter 45 as modified by Chapter 358 of the Acts of 1945.
37. The
Mayor shall appoint four members of the redevelopment authority, for five
years
from November 15th, subject to confirmation of the City Council (MGL Ch.
121B).
38. The
Mayor shall appoint a board of registrars, subject to confirmation by the City
Council,
consisting of the City Clerk and three other persons according to the
provisions
of MGLA Chapter 51, Section 15.
39. The
Mayor may annually in the month of January appoint a secretaryreceptionist
to the
Mayor.
40. The
Mayor shall appoint a City Solicitor consistent with the Charter, Title VI,
Section
32, annually in the month of January, who shall be in charge of the legal
department.
2-14
2-8A Appointment
of Constables.
41. The
Mayor shall appoint annually a tax title custodian.
42. The
Mayor shall, annually in the month of April, appoint a veterans' agent, to act
in the
disbursement of veterans' benefits, consistent with MGLA Chapter 115.
(By
City-wide vote, tenure was granted to the present agent.)
43. The
Mayor shall appoint, annually in March or April, subject to confirmation by
the
City Council, a registrar of voters, for a term of three years.
44. The
Mayor shall appoint, annually in the month of April, a public weigher, who
shall
hold office for a term of one year from the first day of May in the year of
appointment.
45. The
Mayor shall appoint, subject to City Council confirmation, a sealer of weights
and
measures.
46. The
Mayor shall appoint, annually in the month of April, measurers of wood and
bark,
who shall hold office for a term of one year from the first day of May in the
year of
their appointment.
47. The
Mayor shall appoint, subject to City Council confirmation, annually in the
month
of January, a parking clerk (MGLA Ch. 90, Sec. 20A). (Ords. dated
4/12/86;
2/4/86 [part]; 4/20/84 [part]; prior Ch. 14 sec. 1).
48. All
such appointed members of boards, commissions, committees and
authorities
shall not be entitled to Health Benefits. All members of boards,
commissions,
committees and authorities who are presently receiving Health
Benefits
shall be removed from the City of Woburn's offered Health Plans within
ninety
(90) days of the effective date of this Ordinance. All appointed members
of
boards, commissions, committees and authorities shall not work more than
twenty
(20) hours a week. All appointed members of boards, commissions,
committees
and authorities may elect, after ninety (90) days, to continue in the
group
health plan by paying the full rate. (Ord. added 5/3/94 effective 5/16/94)
1. The
Mayor may appoint constables in January, for a term not exceeding three
years,
beginning on the first day of February.
2. The
total number of constables at any one time, shall not exceed the number
which
is the equivalent of one constable per 3,000 Woburn residents, according
to the
latest City of Woburn Census.
3. At
least seventy-five percent (75%) of all constables shall be residents of the
City
of
Woburn. For the purpose of this subsection of this ordinance, each such
applicant
must be able to prove that he has lived in the City of Woburn for at
least
one (1) year prior to the date of his application.
4.
Applicants for constable must submit a written resume and completed
application
to the Mayor containing such information reasonably required by the
City of
Woburn for use in determining the fitness, reputation and character of the
2-15
applicant
to hold the office of constable. The Chief of Police shall, upon request,
give
the Mayor and the City Council all possible assistance in making such
investigation.
The application shall also include a statement as to the moral
character
of the applicant signed by a minimum of five (5) citizens of the
community
in which he resides, one of whom must be an attorney.
5.
Immediately upon appointment, a constable must submit to the City Clerk a
surety
bond in the maximum amount specified under the provisions of M.G.L.,
Chap.
41, Sec. 92. Said bond to be maintained throughout the term of the
constable's
appointment.
6. Each
constable appointed by the City of Woburn shall annually, on or before the
fifteenth
of April, file with the Office of the City Clerk, a true copy of the account
required
to be filed with the office of the County Treasurer in accordance with the
provisions
of M.G.L., Chap. 262, Sec. 8A.
7. Upon
application for renewal of appointment as a constable, each constable
appointed
by the City of Woburn shall submit a written statement describing the
types
of writs and processes served by him under the provisions of M.G.L.,
Chap.
41, Sec. 92 and any actions undertaken by him in accordance with the
provisions
of M.G.L. Chap. 41, Sec. 94, during the term of appointment
immediately
preceding the term for which said application for renewal is
submitted.
8. The
City Clerk for the City of Woburn shall retain on file in his/ her office and
shall
attach to each application and reappointment submitted by any constable,
the
account referred to in Paragraph 6 and the statement referred to in
Paragraph
7. Each said account and said statement shall become a permanent
part of
the record of activity of each constable appointed by the City of Woburn in
accordance
with the provisions of Section 2-30 (5) of the General Ordinace of
the
City of Woburn.
9. The
Mayor may, with the approval of the City Council, revoke the appointment of
a
constable for gross misconduct. In any case where a constable has been
convicted
of a crime, the Mayor shall review such matter to determine if such
conviction
amounts to a gross misconduct, and if he so determines, he shall
revoke
said constable's appointment as provided in this section.
10. No
constable appointed by the City of Woburn shall carry on his person or be in
possession
of any firearm while in the exercise and performance of the powers,
duties
and responsibilities of the position of the constable for the City of Woburn.
11. Any
constable found guilty of violating the provisions of Paragraph 10 shall be
punished
by a fine of $250.00.
2-16
12. All
individuals now holding valid constable appointments will continue as
constables
as long as he so desires and continue to file for reappointment under
the
ordinance procedure.
13. No
additional constables shall be appointed until the list is downsized to the
ordinanced
number, i.e., one constable per three thousand (3,000) residents.
(Ord.
added 8/15/95)
2-9
Appointments to fill vacancies.
The
Mayor shall, whenever a vacancy occurs in any office now filled by
appointment
under this chapter or any ordinance repealed by the ordinance
codified
in this chapter, appoint a person in the manner of the original appointment,
to fill
such a vacancy and to hold office for the balance of the unexpired term and
until
his successor is appointed and qualified. Whenever any person holding office
shall
be temporarily unable to discharge the duties of his office, the Mayor may
appoint
a person to discharge such duties until the Mayor decides that such inability
has
ceased. (Prior Ch. 14 sec. 2).
2-10
Execution of conveyances, leases and other instruments.
The
Mayor after being authorized by majority vote of the City Council may execute
on
behalf of the City all conveyances, leases and other instruments to be executed
by the
City. This provision shall not be construed to prevent any officer from
executing
any conveyance, lease or other instrument in performing the duties
required
of him by the General Laws or by any special act of the General Court of
the
Commonwealth. (Prior Ch. 14 sec. 3).
2-11
Authority to release City from deeds.
The
Mayor after being authorized by majority vote of the City Council may execute
and
deliver to any party holding lands, the title of which is derived under a deed
given
by the City, and creating an estate upon condition, a deed or release,
acknowledging
that up to the time when such deed or release is given, such
condition
has been fully complied with, and releasing such land from the possibility
of
forfeiture to the City for any breach of condition happening prior to the date
of
release.
(Prior Ch.14 sec. 4).
2-12
Authority to close buildings--Display of Flags.
The
Mayor may order the public buildings or any of the public offices to be closed
for any
period, not exceeding one day at a time, whenever he deems it expedient to
2-17
do so,
and may order flags to be displayed thereon at any time. (Prior Ch. 14 sec.
7).
2-12A
Mayor, Clerical Assistance.
The
Mayor may appoint a person who shall hold the title of Secretary-Receptionist
to the
Mayor; the person so appointed shall perform such duties and assume such
responsibilities
as the Mayor in his/her sole discretion may from time to time, deem
fit;
the person so appointed shall serve in such position solely at the pleasure of
the
Mayor
and shall be deemed a "Confidential" employee as that term is used in
G.L.
C.
150E; the position of Secretary - Receptionist to the Mayor shall be a
full-time
position
except that (i) the working hours shall be established and may, from time to
time,
be changed or varied by the Mayor and (ii) the position shall not be covered by
a
Collective Bargaining Agreement nor included, or includible, within a
Collective
Bargaining
Unit within or without the City of Woburn; the renumeration for such
position
shall be duly established, but may from time to time be varied, by
Ordinance;
Employee Benefits incidental to the position of Secretary - Receptionist
to the
Mayor shall be solely and exclusively determined by the Mayor. (Added
2/6/96)
2-12B
Administrative Assistant to Mayor
The
Mayor may appoint a person who shall hold the title of Administrative
Assistant
to the Mayor; the person so appointed shall perform such duties and
assume
such responsibilities as the Mayor in his/her sole discretion may, from
time to
time, deem fit; the person so appointed shall serve in such position solely
at the
pleasure of the Mayor and shall be deemed a CONFIDENTIAL employee as
that
term is used in G.L. C. 150E; the position of Administrative Assistant to the
Mayor
shall be a full-time position except that (I) the working hours shall be
established
and may, from time to time, be changed or varied by the Mayor and (ii)
the
position shall not be covered by a COLLECTIVE BARGAINING AGREEMENT
nor
included, or includible, within a COLLECTIVE BARGAINING UNIT within or
without
the City of Woburn; the remuneration for such position shall be duly
established,
but may from time to time be varied, by Ordinance; Employee
Benefits
incidental to the position of Administrative Assistant to the Mayor shall be
solely
and exclusively determined by the Mayor. The position of Administrative
Assistant
to the Mayor shall also include the role of Grant Writer/Co0Ordinator for
the
City. The Administrative Assistant to the Mayor shall not, for any reason,
become
Acting Mayor for the City. The City Council President, as per the City
Charter,
shall become Acting Mayor in the case of illness or absence of the Mayor.
(Added
7/23/97)
2-18
2-13
State of the City address.
A. At
the first regularly scheduled meeting of the City Council in every oddnumbered
year
the Mayor shall appear before the City Council for the purpose
of
addressing them on the general welfare and state of the City.
B. The
Clerk of the City Council shall cause the address to be placed first on the
agenda,
preceded only by a roll call of the members, and no parliamentary vote
of the
City Council shall change the position of the address on the agenda.
C. The
Clerk of the Council shall also invite the members of the school committee
to be
present in the legislative area of the Council chambers for that portion of
the
meeting in which the Mayor makes his address. (Prior Ch. 14 sec.10).
2-14
Duties
The
City Clerk shall perform all duties which are now, or may hereafter be,
required
of him by the laws of the Commonwealth, the City Charter or the
ordinances
of the City. (Prior Ch. 6 sec. 1).
2-15
Attendance at general meetings.
The
City Clerk shall attend all general meetings of the citizens which may be held
by
virtue of notices issued by the City Council, and open every such meeting by
reading
the notice therefor, and preside thereat until a moderator is chosen. He
shall
keep a record of the proceedings of the meetings, including copies of all
reports
or other documents upon which the proceedings were founded. (Prior Ch.
6 sec.
2).
2-16
Records of elections and appointments.
The
City Clerk shall keep a book containing the dates of the election of all
officers
elected
by the City Council, or appointed by the Mayor, and a statement that the
officer
signing the same accepts his office subject to the statutes and ordinances.
(Prior
Ch. 6 sec. 3).
2-17
Notices to auditor and treasurer.
The
City Clerk shall notify the auditor and treasurer, in writing, of all orders
authorizing
appropriations, expenditures, assessments, apportionments or
abatements
immediately after such orders are approved. He shall also notify
2-19
committees
and municipal boards of any orders affecting the appropriations under
their
control. (Prior Ch. 6 sec. 4).
2-18
Issuance of licenses.
Except
as herein otherwise provided, the City Clerk shall issue all licenses
authorized
by the City Council and shall keep a complete record of all such
licenses.
(Prior Ch. 6 sec. 5).
2-19
Custody of City records and documents.
The
City Clerk shall have custody of all journals, records, papers, contracts and
documents
of the City and he shall perform such other duties as shall be
prescribed
by the City Council. The City Clerk shall obtain from the local cable
television
provider a copy of each video tape recording of the City Council meetings
produced
by the local cable television provider and retain such copy as a
permanent
record. (Prior Ch. 6 sec. 6; amended October 6, 2000).
2-20
Recording of ordinances.
The
City Clerk shall keep a record of all ordinances in a book properly indexed,
and
shall number such ordinances consecutively in each year. He shall annex to
his
annual report copies of all ordinances enacted during the year, which shall be
published
with the annual reports. Failure to comply with this section shall not affect
the
validity of any ordinance. (Prior Ch. 6 sec. 7).
2-21
Department personnel.
The
office of the City Clerk shall consist of a City Clerk, an assistant City
Clerk, one
principal
clerk, one assistant supervisor of census, elections and registration and
one
senior clerk, appointed by the City Clerk, and who shall do the clerical work
in
the
office of the City Clerk and perform such other duties in the office as the
City
Clerk
may prescribe. (Ords. dated 12/24/86, 12/04/86; Charter, Sec. 37, Prior Ch.
6 sec.
8).
2-22
Display of flags at elections.
The
City Clerk shall have American flags placed at or near the ballot boxes in each
ward
the day of a primary or an election. (Prior Ch. 6 sec. 9).
2-23
Clerk to swear in City engineer.
The
City engineer shall be sworn to the faithful performance of his duties by the
City
Clerk. (Prior Ch. 6 sec. 10).
2-20
2-24
Contacting of newly elected Councilors.
The
City Clerk, following a City election in November, shall contact by mail, all
newly
elected members to the City Council and invite them to attend Council
meetings,
and to sit at the Council table for the purpose of orientation, without the
privilege
of speaking or casting a vote. (Prior Ch. 6 sec.11).
2-25
Duties as Treasurer; Signing of notes and bonds.
The
City Treasurer/Collector shall sign all notes or bonds issued by authority of
the
city
council.(Prior Ch. 27 sec. 1).
2-26
Keeping of accounts- Payment of funds only upon order.
The
treasurer/collector shall keep an accurate and true account of all receipts and
payments
on behalf of the city, making the same conform with the accounts of the
auditor.
He/she shall pay no money, except upon orders of the mayor drawn in the
manner
prescribed, or except for special purposes, as provided in Section 3-1 of
this
code. (Prior Ch. 27 sec. 2)
2-27
Monthly Statement--Annual Report.
The
treasurer/collector shall, on the first day of each month, furnish to the
auditor a
statement,
in detail, of all collections, receipts and disbursements during the
preceding
month and on what account the same were received or paid. His/her
annual
report to the City Council shall contain a statement in detail of receipts and
expenditures
for the preceding financial year; a copy thereof shall be furnished to
the
finance committee. (Prior Ch. 27 sec. 3)
**
Sections 2-25 through 2-42 were extensively revised by combining the positions
of
treasurer
and collector, by ordinance passed 12/20/90.
2-28
Authority to cancel and reissue bonds counter-signatures.
Pursuant
to the Massachusetts General Laws, Chapter 107, Section 4, the city
treasurer/collector
at the request of the owner or holder of any bond, promissory
note or
certificate of indebtedness issued by the city payable to the bearer, is
authorized
at any time more than one year before the maturity thereof, to issue in
exchange
thereof a bond, note or certificate of the same effect payable to the
owner
or holder by name. Coupons or registered bonds, notes or certificates of the
city
may be surrendered to the city treasurer/collector for cancellation, and in
2-21
exchange
thereof one or more registered bonds, notes or certificates having the
same
maturity and rate of interest may be issued to the owner or to a new owner or
owners.
The new bonds, notes or certificates shall be signed by the
treasurer/collector
and countersigned by the city auditor and the mayor and shall
express
on their face that they are exempt from taxation in Massachusetts, if it is so
stated
in the bonds, notes or certificates of indebtedness surrendered for
exchange.
The expense involved in surrendering and in making the cancellation
and
reissue of any bond, promissory note or certificate of indebtedness pursuant to
this
order or to any law applicable therto shall be borne by the party requesting
such
cancellation and reissue. (Prior Ch. 27 sec. 4).
2-29
Receipt and exchange of bonds--countersignatures.
Under
the authority of and in compliance with Massachusetts General Laws
Chapter
107, Section 4, and Chapter 29, Section 39, and acts in amendment
thereof
and in addition thereto, the City Treasurer/Collector is authorized from time
to time
to receive for cancellation coupons or registered bonds, notes or certificates
of the
city which have been or may be issued at any time, and in exchange thereof
issue
one or more registered bonds, notes or certificates having the same maturity
and
rate of interest, to the same or new owner or owners. The bonds or certificates
shall
be denominated the same as the bonds, notes or certificates surrendered in
exchange
therefor, and shall be for an aggregate amount no greater than the
aggregate
amount of the principal of bonds, notes or certificates surrendered as the
treasurer/collector
is authorized to issue, and shall be signed by the
treasurer/collector,
countersigned by the city auditor and the mayor. Other
particulars
as to form and issuance of the bonds, not inconsistent with legal
requirements
shall be determined by the city treasurer/collector who is authorized
in
his/her discretion to waive the right of the city to the fee of fifty cents for
issuing
such
bonds, notes or certificates as provided in the General Laws, Chapter 107,
Section
6. The City Treasurer/Collector is instructed to cancel such surrendered
bonds,notes
and certificates as may be exchanged for new bonds or certificates in
such
form and manner as shall comply with the General Laws, Chapters 106 or
107,
Article 8.(Prior Ch. 27 sec. 5).
2-30
Clerical assistance - Treasurer functions.
The
city treasurer/collector may appoint an assistant city treasurer, a secretary,
and
one
part-time clerk, who shall do the clerical work in the office of the city
treasurer/collector
and perform such other duties in the office as the city
treasurer/collector
may prescribe.(Prior Ch. 27 sec. 6).
2-31
Discharge of Mortgages.
When a
person entitled to redeem an estate mortgaged to the city
2-22
treasurer/collector
makes application for such redemption, the treasurer/collector
may,
upon payment of the amount due of the mortgage, discharge or release the
mortgage,
or assign the same without liability of or recourse to the city, and may
execute
and deliver on behalf of the city all legal instruments that may be
necessary
for the purpose. (Prior Ch. 27 sec. 7).
2-32
Authority to vest City's Title in persons redeeming estate purchased for
nonpayment
of taxes.
When a
person entitled to redeem an estate sold for nonpayment of taxes or other
assessments
and purchased by the city makes application for such redemption, the
city
treasurer/collector may, on payment of the amount due on the estate, execute
and
deliver on behalf of the city any and all legal instruments that may be
necessary
to vest
in such person the city's title to such estate. (Prior Ch. 27 sec. 8)
2-33
Majority vote of council required for assignment of tax-title property.
The
city treasurer/collector shall not assign tax-title property to anybody until
authorized
by a majority vote of the City Council and the approval of the Mayor.
(Prior
Ch.27, sec. 9).
2-34
Duties as Collector.
The
treasurer/collector of the city shall do and perform all the duties required of
him/her
as the tax collector of the city as embodied in Chapters 31, 41, 44, 58, 59,
60,
100, 132 and any other pertinent chapters of the Massachusetts General Laws
and any
amendments thereto, together with any ordinances of the city relating to
the
same. (Prior Ch. 8 sec. 2).
2-35
Bond required.
The
city treasurer/collector shall give bond for the faithful performance of
his/her
duties
in accordance with the provisions of M.G.L. Chapter 60, sec.13. The
premium
for such bond shall be paid by the city. (Prior Ch. 8 sec. 3).
2-36
Collection of accounts.
The
city treasurer/collector shall, in addition to the duties specifically provided
for in
the
above sections, collect all accounts and other sums payable to the city,
together
with interest, costs and charges thereon, in accordance with
Massachusetts
General Laws Chapter 41, Section 38A. The treasurer/collector
shall
have authority to make such rules and regulations, comformable to law, as will
2-23
assist
him/her in carrying out the provisions of Massachusetts General Laws
Chapter
41, Section 38A and any other powers vested in him/her by law or by
these
ordinances. With such accounts, the City Treasurer/Collector shall prepare a
statement
of all moneys received or collected by him/her during the preceding
week or
lesser period of time on account of taxes, accounts and other sums,
together
with interest, costs and charges thereon, and the purposes for which the
moneys
were received and collected. Such statement shall include all fees,
charges,
costs and commissions allowed by law received or collected by him/her or
any
deputy collector, clerk, sheriff, deputy sheriff or constable acting under
authority
of law by their appointment and shall certify collection of the same. A copy
of this
statement shall be filed with the City Auditor. (part, Prior Ch. 8 sec. 4).
2-37
Annual report.
The
treasurer/collector shall make an annual report on or before the fifteenth day
of
July,
to the mayor and the city council, being a complete statement ot the financial
transactions
of his/her department for the preceding financial year. A copy shall
also be
furnished to the finance committee of the city council. (Prior Ch. 8 sec. 6).
2-38
Deputy collectors.
1. The
Treasurer/Collector may appoint, subject to the provisions of
Massachusetts
General Laws Chapter 60, Section 92, such deputies as
he/she
deems expedient and they shall have all the powers of collectors.
2. Each
Deputy Collector so appointed shall keep a cash book, in which such
Deputy
Collector shall enter all sums so collected, specifying the total
amounts
of each tax collected, all interest, charges, and fees received, the
name
and address of each party from whom money was received and the
date of
each such receipt. The Deputy Collector shall prepare a report to the
Treasurer/Collector
of all uncollected warrants issued to the Deputy Collector
at
least once each month. Deputy Collectors shall give bond for the faithful
performance
of their duties. The Deputy Collector shall, at least weekly, turn
over
sums collected to the Treasurer/Collector, or deposit said funds into an
account
which is separate from any other account of the community for the
purpose
of clearing checks and earning interest on deposits. The
Treasurer/Collector
shall transfer funds which have cleared from such account
to the
City treasury at least once a week along with any interest earned. The
Deputy
Collector shall then be paid through the treasury for salary and
compensation.
3. The
Deputy Collector shall be required to pay all fees received by him/her by
virtue
of their office into the City treasury and report the amount collected
thereof
from time to time to the City Council. The report of the Deputy
2-24
Collector
shall be published with the Treasurer/Collector’s report in the Annual
Report
of the City.
4. The
salary and compensation of the Deputy Collector shall be established by
ordinance
of the City Council and such funds necessary to pay such salary
and
compensation shall be provided for in the Annual Budget of the City
effective
July 1 of each year.
5. All
collection agencies or private entities engaged or hired by the
Treasurer/Collector
for the purpose of assisting in the collection of delinquent
taxes,
shall be in accordance with the competitive bidding process on an
annual
basis in accordance with Massachusetts General Laws Chapter 60,
Section
2B.
(Amended
6/26/2000)
2-39
Clerical assistance - Collector's functions.
The
City Treasurer/Collector may appoint four clerks; one head clerk; one principal
clerk;
and two senior clerks to do clerical work as he/she may prescribe. Said
appointments
shall not be for any specified term but shall run during the term of the
appointing
treasurer/collector and his/her successors, or until removal as provided in
this
section. Any clerk shall be removable only by the treasurer/collector or
his/her
successor
and in the manner provided for in the removal of persons holding office
classified
under the Civil Service Rules and Regulations and Laws of
Massachusetts,
or by collective bargaining procedures, if applicable. (Prior Ch. 8
sec.
8).
2-40 (
Reserved )
2-41
Notice of zoning changes (numbered as passed)
The tax
collector or his successor shall include a notice on a form prescribed by the
City
Clerk, in the October tax bill informing all taxpayers of their right and the
procedure
to receive notice of proposed zoning changes, in accordance with the
1985
Woburn Zoning Code, as amended. (Ord. amended 4/10/98)
2-41
Human Resources Director; Planning and Direction of Personnel Program.
Section
1 Purpose
The
system of personnel administration established herein shall be consistent with
the
2-25
following
merit principles:
a.
Recruitment from all segments of society and selection and advancement on the
basis
of ability, knowledge and skills under fair and open competition.
b.
Compensation shall be established on an equitable basis.
c.
Training and development opportunities shall be provided as needed to assure
high-quality
performance buy all employees.
d.
Retention of employees shall be on the basis of their performance. A reasonable
effort
shall be made to assist employees in inadequate performance, and if,
following
such effort, inadequate performance can not be corrected, separation
shall
occur.
e. Fair
treatment of applicants and employees shall occur in all aspects of personnel
administration
without regard to race, color, religion, sex, national origin, political
affiliation,
age, handicap or other non-merit factors and with proper regard for their
privacy
and constitutional rights,
Nothing
in this ordinance or the administration regulations promulgated hereunder shall
be
construed
to limit any right of employees pursuant to Chapter 31 or Chapter 150E of the
General
Laws of the Commonwealth of Massachusetts.
Section
2 Application
All
city departments and all positions in the City shall be subject to the
provisions of hie
ordinance
with the following specific exceptions:
a. The
School Committee and all of it’s employees.
b. The
City Council and all of it’s employees.
c. All
elected officials.
d.
Members of boards, committees and commissions who are not employees of the
City.
Section
3 Personnel Department
A.
Establishment
There
shall be in the City of Woburn a Personnel Department, the head of which shall
be
the
Personnel Director.
B.
Appointment and Qualifications of the Personnel Director
The
personnel director shall be qualified for this appointment by reasons of
previous
education,
training and experience and shall be appointed by the City Council.
2-26
C.
Duties of the Personnel Director
1.
Administer all functions specified in this ordinance and administrative
regulations.
2.
Provide advice and assistance to the Mayor, department heads, supervisory
personnel
and employees in all aspects of personnel management specified in this
ordinance.
3.
Recommend to the Mayor and to the City Council such changes in this ordinance
as may
be considered necessary as conditions and situations change.
4.
Supervise and maintain, on a centralized basis, all records pertaining to
personnel
management
in the city.
5.
Administer the recruitment, interviewing, hiring and promotions and/or
transfers,
orientation,
training and employee development programs whether funded by the
City,
the Commonwealth, the United States Government or any other source.
6.
Establish incentives for improving the performance and productivity of all
employees.
7.
Oversee the implementation of the City’s Affirmative Action Plan as it applies
to
personnel.
8.
Evaluate periodically the effectiveness of the city’s personnel system and
recommend
any changes to the Mayor and the City Council.
9.
Administer Employee Benefit Plans as they apply to personnel procedures.
10.
Administer the City’s Worker’s Compensation Program.
11.
Serve as the Chair-person of the City’s Safety Committee.
12.
Recommend to the Mayor and the City Council on an annual basis which system of
Unemployment
Insurance Payment would be in the best interest of the city.
13. Act
as the Mayor’s chief negotiator in the Department of Public Works, City Hall
Employees,
Police Patrolmen, Police Superior Officers and the Firefighters union
contract
proceedings with direction from the Mayor.
14.
Will act as the liaison for the city with the Department of Personnel
Administration
(Civil
Service).
15.
Will be the City’s Labor Service Director.
16.
Will administer the Psychological Testing Program for the Police Department and
the
Fire Departments new appointees.
17.
Will serve on the Drug and Alcohol Screening Program Review Committee.
18.
Will coordinate with the Employee Assistance Program Provider to make all
employees
aware of the program and coordinate the arrangement of training
20.
Will act as the liaison to the Massachusetts Commission against Discrimination
as
sessions
for department heads.
19.
Will coordinate personnel procedures for the City’s Police Department’s
Accreditation
Plan and the City’s Fire Department’s Certification Plan.
it
applies to personnel.
D.
Support
The
City shall furnish such staffing, services, office space, equipment and other
support
2-27
as may
be necessary for the proper functioning of a Personnel Department.
Section
4 Centralized Record Keeping
All
personnel record will be kept on a calendar basis and be kept in a confidential
manner.
A.
Individual Personnel Files
Information
required to be given to the Personnel Department by employees for their
individual
personnel records are: Name, address, telephone number, social security
number,
date of birth, marital status, dependents and information for notification in
case of
an
emergency and other information the Personnel Director determines necessary for
the
proper
functioning of a personnel system.
The
personnel director will exercise due diligence to keep the required information
within
any
federal or state laws.
B. Sick
Leave, Personal Leave, Bereavement Leave and Vacation
Every
department head shall submit to the personnel department daily, the required
absentee
report for every employee within their department that was absent for any
period
the
previous work day.
The
personnel department will notify the Treasurer’s Office every Monday morning
whether
an employee will be entitled to be paid for an absence or not.
The
personnel department’s system will include accumulation of sick leave, vacation
leave,
personal days and bereavement leave for each employee.
No
information contained in any personnel file can be given to anyone without one
of the
following:
1.
Written request or authorization by the Mayor or the City Council.
2.
Written request from a department head authorized by the personnel director.
3.
Written request by the City Solicitor’s Office.
4.
Written authorization of the employee to release the information.
5.
Court Order with the City Solicitor’s opinion that it must be adhered to.
6. An
employee’s written request for information contained in their file and authorized
by the
personnel director.
Section
5 Recruitment, Interviewing, Hiring, Orientation, Promotions and/or Transfers
The
Personnel Department will be notified by department heads when there is an open
2-28
position
within his/her department.
The
Personnel Department will decide if the position is Civil Service. If Civil
Service,
personnel
will follow proper procedures under Chapter 31.
Whether
the position is Civil Service or not the Personnel Department will follow the
guidelines
below to fill the position.
A.
Recruitment
Every
reasonable effort shall be made to attract qualified person for the employment
opportunities
within the city. Every recruitment effort will encourage minorities and women
to
apply.
B.
Interviewing/Selection Procedures
The
personnel director shall utilize any one or a combination of the following
interviewing/selection
procedures which in his or her professional judgment will best
determine
the fitness and ability of applicants for entry-level and promotional
positions:
1.
Written Examination
2. A
structured oral examination
3. A
practical/performance test
4. A
formal evaluation of education and/or experience
5. A
structured interview
6. A
physical test of strength, ability and dexterity
7. Any
other consistent appropriate measure to judge the applicant’s ability to
perform
the job
requirements.
The
personnel director, after consultation with the appropriate department head
shall
determine
in each instance what procedures or combination of procedures shall be used
and the
relative weight assigned to each part f the examination. The personnel director
shall
also assure that all selection procedures are job related and that they
emphasize, to
the
maximum extent possible, validity, reliability and objectivity.
Every
applicant for the same position will be administered the same test or tests.
There
will be
no exceptions other than to make allowances required by law for disabilities.
C.
(Reserved)
D.
Interviewing by Department Head
After
the initial interviewing is done by the Personnel Department and the
appropriate
2-29
tests
have been given, the most qualified applicants will be interviewed by the
department
head
for final selection.
The
personnel department will supply the department head with the following
information
in each
applicant:
1.
Application
2.
Resume if available
3. Type
of tests given and results
4.
Information received from references
5. Any
other information that would assist the Department Head in making a decision.
E.
Offering of a Position to an Applicant
1. The
Department Head will notify the Personnel Department of his/her decision.
2. The
Personnel Department will notify the successfully applicant and will send a
written
job to the applicant that will state:
a. The
position being offered
b. The
salary being offered
c.
Enclose a booklet or statement describing benefits and policies
d.
Stating the offer is being made subject to the applicant passing a
preemployment
physical
which will include drug screening and the production of
documents
required by the Immigration Reform and Control Act of 1986
e.
Requesting signature of the applicants acceptance or rejection of the offer and
that it
be returned within seven (7) business days.
F.
Orientation
The
Personnel Department will hold an Orientation meeting for new employees when
necessary.
The personnel department will request that the following departments send a
representative:
1.
Retirement
2.
Employee Insurance Benefits
3.
Treasurer’s Office/Payroll Procedures
The
representative will explain their programs and assist the new employee in the
filing of
all
necessary forms.
Representative
form personnel will explain procedures within City Hall and bring the
employee
to meet individuals he/she will be working with or would have contact with.
2-30
The
employee will be given a sheet with the names of all Department Heads and their
assistants
listed as well as the location of each department.
G. Promotions
and/or Transfers
The
Personnel Department, when notified by a department head of an open position,
will
follow
the following procedures:
1. Post
the position on a bulletin board outside the Personnel Office.
2.
Notify the proper union.
3. If a
current employee shows an interest and is believed eligible for the position,
if
applicable
Civil Service Rules or Collective Bargaining requirements will be
followed.
4. If
there isn’t a current employee eligible for transfer and/or promotion to the
open
position
then the procedures established under Section 5 will be followed.
Section
6 Training and Employee Development Program
Section
A Training Policy
It
shall be the policy of the city to encourage employees at all levels to participate
in
Training
and Development Programs designed to improve their skills; to increase their
knowledge
of new federal and state laws and programs; new technology, and new
methods
of operations; and to reduce gaps between actual and expected performance
levels
as determined by regular evaluations of performance.
Section
B Training Needs
The
Personnel Director shall, from time to time, conduct a formal or informal
training
needs
assessment to determine the range of needs that exist and develop a priority
order
for
meeting those needs.
Section
C Developing Training Programs
Wherever
practical, the Personnel Director shall develop on-site training programs using
the
training skills of employees, local experts and various college, universities
and
vocational
schools within or outside the region.
Section
D Education Incentive Program
The
Personnel Director will be available to discuss with employee courses that
would be
considered
as job related and eligible for reimbursement under the Employee Incentive
Program.
2-31
Section
7 Performance Evaluation
A.
Performance Evaluation Guidelines
Performance
Evaluations shall be the continuing responsibility of all department heads
and
they shall discuss evaluations informally with each employee as often as
necessary to
insure
effective performance. Except where provided otherwise in collective bargaining
agreements,
each supervisor shall make an appraisal in writing and shall discuss with
each
employee his or her overall work performance at least once a year. The format
and
process
of such appraisals shall be established by the personnel director after
consultation
with each department head. Written appraisals shall be filed with the
personnel
department and each employee shall be supplied with a copy.
B. Uses
of Performance Evaluations
Performance
evaluations shall be used to provide a continuing record of an employee’s
development;
as a means of identifying effective performance and areas needing
improvements;
as a form for encouraging effective supervisor-employee communications;
as a
basis for making decisions on merit raises and promotions; provided such
evaluation
procedures
are not in conflict with any collective bargaining agreement.
Section
8 Disciplinary Action and Separation
A.
Applicability
The
provisions of this section shall apply to all permanent employees provided any
employee
covered by Civil Service shall be subject to Civil Service rules governing
suspension,
demotion and dismissal and any employee covered by a collective bargaining
agreement
shall be subject to the disciplinary procedures of said agreement.
B.
Suspension
A
department head, following consultation with the Personnel Director, may
suspend,
without
pay and for just cause, any permanent employee in his or her department covered
by this
ordinance for such length of time as he or she considers appropriate. In any
suspension,
the Personnel Director shall furnish immediately with a written statement
specifically
setting forth the reasons for such suspension. A copy of the statement shall be
furnished
immediately to the employee and the employee shall be informed of his/her
rights
to a hearing under Civil Service and/or Collective Bargaining agreement and/or
before
the Mayor.
C.
Demotion and Dismissal
2-32
A
permanent employee may be demoted or dismissed for just cause, provided the
following
procedures are adhered to:
1. The
employee shall be notified in writing of the contemplated sanction and the
reasons
for such action five (5) working days prior to the effective date of such
action
and a copy of said notice shall be filed with the personnel director.
2. The
employee shall be granted a hearing before the mayor within five (5) working
days after
the notification of dismissal or demotion and the mayor will render a
decision
five (5) working days thereafter.
D. Just
Cause Standard
For
purpose of this article, just cause shall be defined to include, but not be
limited to, any
of the
following:
1.
Incompetency
2.
Inefficiency
3.
Inexcusable neglect of duty
4.
Failure to perform in one or more critical elements of the job.
5.
Fraud in securing appointment
6.
Insubordination
7.
Drunkenness
8.
Addiction to narcotics or habit-forming drugs
9.
Inexcusable absence without leave
10.
Sick Leave Abuse
11.
Conviction of a felony dismeanor involving moral turpitude.
12.
Willful disobedience
13.
Misuse or unauthorized use of municipal property
14.
Other misconduct or violation of work rules or regulations
E.
Layoff
An
appointing authority may layoff a permanent employee when he or she deems it
necessary
by reason of shortage of work or funds, material change in the departmental
organization,
or for other related reasons which are outside the employee’s control and
which
do not reflect discredit upon the services of the employee. The employee shall
be
provided
with a written notice of such layoff fourteen (14) working days prior to the
effective
date of such action.
The
order of layoffs shall be determined by the personnel director, in consultation
with the
mayor,
based upon past performance, current and projected employment needs, abilities
and
length of service in the City.
2-33
The
duties performed by any employee being laid off may be reassigned to other
employees
already working who hold position in appropriate classes. No temporary or
permanent
separation of an employee as a penalty or disciplinary action shall be
considered
a layoff. The names of employees affected shall be kept on a special
employment
list and said employees shall be recalled in the same order and based upon
the
same criteria as were used in determining the original layoff.
F.
Resignation
To
resign in good standing, an employee must give the City at least fourteen (14)
calendar
days
prior notice unless the City, because of extenuating circumstances agrees to
permit
a
shorter period of notice.
A
written resignation shall be supplied by the employee to the City giving
reasons for
leaving.
The resignation shall be forwarded to the personnel director with a statement
by
the
department head as to the rescinded employee’s service performance and
pertinent
information
concerning the cause for resignation. Failure to comply with the rule shall be
entered
on the service record of the employee and may be reason for denying future
employment
by the City.
Section
9 Employee Benefits
The
personnel department will administer the Employee Benefit Plan as the apply to
Personnel
Procedures:
1. They
will inform new employees of the various benefits to which they are entitled
2. They
will assist new employees n the filing of forms
3. They
will assist employees in resolving questions and problems with benefit plan
providers
4. They
will inform the treasurer’s office of the plans employees have chosen so that
proper
payroll deductions will be made.
5. They
will assist employees in making amendments to their benefits when necessary
6. They
will act as liaison between the city and the benefit plan provider.
Section
10 Workers Compensation
1.
Administer the City’s Self Insurance Program
2.
Verify that the Accident’s forms submitted by the Department heads are
completed
properly
3.
Forward all information requested by any/all legal firms handling our Worker’s
Compensation
claims.
4.
Verify all vouchers for payment
2-34
5.
Verify the balance of sick time available to an employee until the Workers
Compensation
payments begin
6.
Notify the Treasurer’s Office when the employee is off the payroll and when to
resume
payments
7.
Notify Retirement Board when to cease deduction and when to begin deductions
again
8. File
all records in an easily retrievable manner
9. Act
as a liaison between the employee and any/all legal firms in any situation
whether
it be the payment of bills, necessary reports and disputes concerning the
employee’s
availability for work, etc.
A.
Safety Committee
The
Director of Personnel will be the Chairperson for the Safety Committee.
The
Personnel Department will do the follow-up on recommended safety improvements
the
safety Committee votes to implement.
The
Personnel Department will be responsible for the typing of minutes and
forwarding a
copy of
the minutes and a copy of the meeting agenda to each member of the committee
before
the meeting.
Section
11 Employee Assistance Program
The
Personnel Department will coordinate with the Employee Assistance Program
provider
procedures to make all employees aware of the program. They will coordinate
training
sessions for Department Heads. These sessions will assist the Department Heads
in
recognizing employee problems and will offer suggestions for discussing with
the
employee.
The
personnel department will monitor the use of the program and report once a year
on
it’s
effectiveness to the mayor.
Section
12 Drug and Alcohol Screening Program
The
Personnel Department will write procedures for a Drug and Alcohol Screening
Program
to become part of the union contracts. They will periodically check the
procedures
to insure that the procedures are updated to meet current legal requirements.
The
Director of Personnel will serve on the Drug and Alcohol Screening Program
Review
Committee.
The discipline actions being reviewed by this committee will be kept in a
locked
file with only the Director having access. The employee’s file that has been
reviewed
will be destroyed when:
2-35
1. The
Committee did not agree the discipline was warranted
2. The
Civil Service Commission rules against the city.
3. The
Department Head has informed the director that he employee is following the
procedures
of the program
4.
After one (1) year of the review or the Civil Service ruling whichever is later.
Section
13 Union Contracts
The
Personnel Department will have current copies of all union contracts on file.
A.
Negotiations
The
Director of Personnel will act as Chief Negotiator for the City, with direction
from the
Mayor
in the following negotiations:
1. DPW
Local RI-96 NAGE
2.
Superior Officers – IBOP Local 528
3.
Patrolmen – IBOP Local 313
4.
Firefighter – Local 971
5. City
Hall Workers – Local RI-263 NAGE
6.
And/or any other union recognized by the City of Woburn
The
director will discuss all union’s proposals with the Mayor before the start of
any
negotiation
meeting.
The
director will supply the Mayor, the City Solicitor and the Department Head with
a
summary
of each negotiation meeting.
The
director will submit all proposed union contracts to the City Solicitor before
forwarding
a copy
to a union.
Section
14 Department of Personnel Administration (Civil Service)
A.
Labor Service
The
Personnel Department will be responsible for:
1.
Applications:
a. Time
and date stamping
b.
Assigning the number to each application
c.
Following the procedures for filing and updating procedures established by the
Department
of Personnel Administration
d.
Supply list to departments with a Labor Service open position.
2-36
B.
Appointments
The
Director of Personnel will be the Labor Service Director. The director will be
the
appointing
authority for all Labor Service positions for all departments.
C.
Liaison
The
Director of Personnel will act as the liaison to the Department of Personnel
Administration.
D.
Minorities and Women
The
Personnel Department will notify the residents of the City of Woburn monthly of
scheduled
Civil Service Exams by television, newspaper and the posting of notices at
social agencies
within the city. These notices will encourage minorities and women to take
the
exams.
The
Director of Personnel will utilize all methods of free advertising to
accomplish this, but
if said
sources are insufficient to meet the requirements of the City’s Affirmative
Plan, then
the
Director will place monthly notices in local publications at the least possible
cost.
Section
15 Massachusetts Commission Against Discrimination and A.D.A.
The
Director of Personnel will act as the liaison to the Massachusetts Commission
against
Discrimination
and for compliance with the ADA Act in the City of Woburn.
Section
16 Police Department
A. The
Director of Personnel will be the coordinator of personnel procedures for the
City
of
Woburn’s Police Department Accreditation Plan.
B. The
Director of Personnel will be the Administrator of the Psychological Testing
for
new
appointees.
Section
17 Fire Department
A. The
Director of Personnel will be the coordinator of personnel procedures for the
City
of
Woburn’s Fire Department Certification Plan.
B. The
Director of Personnel will be the Administrator of the Psychological Testing
for
new
appointees.
2-37
Section
18 Unemployment Procedures
A. Send
inquiries from Department of Employment Security as received to the necessary
department
for completion.
B. File
copies of benefits payments monthly.
C.
Study once a year the cost of the program and submit report to the Mayor and
City
Council
with a recommendation as to which program should be adhered to.
Section
19 Reserved
Section
20 Standards of Conduct
A.
Prohibited Practices
No
officer or employee of the City of Woburn, whether covered by this ordinance or
exempt
from it, shall:
1. Make
any false statement, certificate, mark, rating, or report with regard to any
test,
certification,
or appointment made under any provision of their ordinance or the
administrative
regulations promulgated hereunder, or in the administrative
regulations
promulgated hereunder, or in any manner commit, or attempt to commit
any act
preventing the impartial execution of this ordinance and attendant
regulation.
2.
Directly or indirectly, give, render, pay, offer, solicit or accept any money,
service ort
other
valuable consideration for any appointment, proposed appointment, promotion
to or
advantage in a position in the service of the City of Woburn.
3. Use,
or attempt to use official authority to coerce political actions to influence
selections
or promotions, to require political contributions or to retaliate for refusal
to
do such
things.
B.
Political Rights
Nothing
in this ordinance shall be construed to limit the rights of officials or
employees to
express
their views as citizens and to pursue their legitimate involvement in the
political
system.
Section
21 Amendments and Administrative Regulations
A.
Amendments
The
Director of Personnel shall from time to time recommend to the Mayor and/or the
City
Council
amendments to this ordinance. If approved by the Mayor and/or the City Council
2-38
such
amendments shall become part of this ordinance.
B.
Administrative Regulations
The
Personnel Director shall recommend and the Mayor shall promulgate
administrative
regulations
for the purpose of interpreting or giving effect to the provisions of this
ordinance
and insuring the proper functioning of the personnel system. Any regulation so
promulgated
shall be consistent with accepted merit principles as stated in Section 1.
Section
22 Reserved
Section
23 Severability
If any
provision of this ordinance or of the administrative regulations hereunder
shall be
held
invalid, the remainder of their ordinance and the administrative regulations
shall not
be
affected hereby.
Section
24 Effective Date
This Ordinance
shall take effect on ______. [written as passed]
(Ord.
dated 2/4/86, B[part]; prior Ch. 14 sec. 149.; Ord. dated 3/14/89; Ord. dated
12/19/97)
2-42
(Reserved)
2-43
Duties--Generally.
The
City physician shall, under the direction of the board of health, visit and
prescribe
for all the sick and poor within the City. (Prior Ch. 17 sec. 1).
2-44
Vaccinations.
The
City physician may vaccinate, free of charge, all persons sent to him by the
board
of health for that purpose. (Prior Ch. 17 sec. 2).
2-45
Examination of police candidates, officers and prisoners.
The
City physician shall, when requested by the Mayor, the City Council or the
chief
of police, examine candidates for appointment upon the police force, the
condition
of officers absent from duty, applicants for pensions, and all cases of
injury
whereby the City may become liable. He shall, at the request of the chief of
2-39
police,
attend prisoners who require medical or surgical treatment. (Prior Ch. 17
sec.
3).
2-46
Annual report.
The
City physician's annual report shall contain a statement of the amount of
professional
service rendered during the year preceding and such suggestions and
information
as he may deem proper or he may be requested to give. (Prior Ch. 17
sec.
4).
2-47
Duties.
The
Clerk of committees shall act as the Clerk of all the committees of the City
Council,
either standing or special; and shall make proper records in books kept for
the
purpose of all the proceedings and transactions of each committee and shall
notify
the members of the committee, and shall perform such other clerical
services
as may be required of the Clerk from time to time by the committees.
(Prior
Ch. 7 sec. 1; Acts of 1900, Ch. 114).
2-48
Contacting of newly elected Councilors.
The
Clerk of committees, following a City election in November, shall contact by
mail
all newly elected members to the City Council and invite them to attend all
subcommittee
meetings, with the privilege of speaking but not casting a vote, for
the
purpose of orientation. NOTE: The position of Clerk of committees was
established
under Chapter 114, Acts of 1900 as amended by Chapter 61, Acts of
1926,
providing that a majority of all the members of the City Council shall elect
such
Clerk for a term of three years from the first Monday in February. (Prior Ch. 7
sec.
2).
2-49
City Solicitor--Qualifications.
The law
department shall be under the charge of the City Solicitor who shall be an
attorney
and counselor of the Courts of the Commonwealth. The City Solicitor,
whoever
it may be, shall appoint an assistant City Solicitor. (Prior Ch. 13 sec. 1).
2-50
Drafting of bonds, deeds and other official documents.
The
City Solicitor shall draft all bonds, deeds, obligations, contracts, leases,
conveyances,
agreements and other legal instruments of whatever nature which
2-40
may be
required of him by any ordinance, or order of the Mayor, the City Council, or
may be
required of any person contracting with the City and which, by law, usage
or
agreement, the City should furnish. (Prior Ch. 13 sec. 2).
2-51
Signing of contracts.
All
contracts entered into by the City shall be signed by the City Solicitor as to
the
legality
of such contract. (Prior Ch. 13 sec. 2A).
2-52
Prosecution of actions and suits.
The
City Solicitor shall prosecute all actions and suits commenced by the City
before
any tribunal in the Commonwealth, whether at law or in equity, and he shall
also
appear in, defend and advocate the rights or interests of the City, and when
directed
by the Mayor and/or the City Council shall defend any of its officers in any
suit or
prosecution for any act of the City government, or any breach of any
ordinance
which may be brought in question. (Prior Ch. 13 sec. 3).
2-53
Furnishing of legal opinions.
The
City Solicitor shall furnish, when so requested in writing, to the Mayor, the
City
Council
or any committee thereof, or any officer or board that may require it in the
official
discharge of its duties, his legal opinion on any subject touching the duties
of the
respective offices, and all opinions furnished by him, having reference to
matters
of public interest, shall be printed annually with the documents usually
printed
by order of the City Council. (Prior Ch. 13 sec. 4).
2-54.
Annual report.
The
annual report of the City Solicitor shall include a brief statement of cases
pending
or decided during the preceding year, to which the City was a party. (Prior
Ch. 1
sec. 5).
2-55
Compensation in excess of established salary--Vote of Council.
The
City Council, on recommendation of the Mayor, may in any fiscal year vote the
City
Solicitor compensation for services rendered in excess of the salary now
provided
in Section 2-180 of this code. (Prior Ch. 13 sec. 6).
2-56
Clerical and Professional Assistance.
The
City Solicitor shall appoint a secretary/paralegal to the City Solicitor and a
parttime
clerk
who shall do the clerical work in the office of the law department and
perform
such other duties in the office as the City Solicitor may prescribe, and may
2-41
appoint
outside counsel when authorized by the Mayor or by law.(Prior Ch. 13 sec.
7; Ord.
dated 12/31/88).
2-57
City Council approval required for settlements in excess of one thousand
dollars.
All
claims, liens, suits, at law or in equity, and/or all other related matters
wherein
the
City seeks money damages, no settlements, adjustments and/or compromise
of any
claim or suit in excess of one thousand dollars shall be effected without a
2/3
vote of approval of the City Council of the City. Any such settlement,
adjustment
and/or compromise effected without the aforementioned vote of
approval
of the City Council shall be null and void and not binding on the City.
(Prior
Ch. 13 sec. 8).
2-58
(Reserved)
2-59
Composition of Department.
The
Police Department shall consist of the following personnel divisions:
A.
Regular and Reserve Force. This division shall consist of the Chief of Police;
three
(3) Captains; four (4) Lieutenants; nine (9) Sergeants; fifty-eight (58)
Police
Officers; sixteen (16) Reserve Police Officers, and five (5) Civilian
Dispatchers.
B
.Clerical. This division shall consist of one (1) Secretary; two (2) Principal
Clerks,
and one
(1) Junior Clerk.
C.
Other. Other personnel shall include one (1) full-time Dog Officer, and one (1)
part-time
Parking Clerk.
(Prior
Ch. 18 sec.1; Ord. dated 02/08/88).
2-60
Appointment of Chief and other Officers.
So far
as it is consistent with Massachusetts G.L., Chapter 31, the Chief of Police
shall
be appointed by the Mayor in accordance with the Charter, Title VI, Section
32,
paragraph six, as well as any subordinate Officers as may be prescribed by
ordinance.
(Prior Ch.18 sec. 2).
2-61
Oath required.
Each
member of the Police Department shall be sworn to the faithful discharge of
his
duties. All persons selected for appointment to the Police Department, either
as
2-42
a
Reserve Officer or a Permanent Officer of such Department, shall take and
subscribe
to the Oath of Office contained in the "Rules and Regulations for the
Government
of the Police Department of the City of Woburn" , as adopted by the
City
Council on July 1, 1980, and approved by the Mayor on July 8, 1980. (Prior
Ch. 18
sec. 3)
2-62
Physical and mental examinations required.
Before
confirming any person to be a member of the Police Department, either as a
Reserve
Officer or a Permanent Officer of such Department, such person shall be
examined
both physically and mentally by a physician or physicians designated by
the
appointing authority, who shall report his examination to the Mayor. (Prior Ch.
18 sec.
4)
2-63
Rules and Regulations of the Department.
"The
Rules and Regulations for the Government of the Police Department of the
City of
Woburn" are hereby adopted for the Woburn Police Department.(Ord. dated
July 8,
1980).
2-64
Chief of Police--Duties.
The
Chief of Police is the chief administrative officer of the Police Department
and
the
final authority in all matters of policy, operations, and discipline. He
exercises
all
lawful powers of his office and issues such lawful orders as are necessary to
assure
the effective performance of the Department. Through the Chief of Police
the
Department is responsible for the enforcement of all laws coming within its
legal
jurisdiction.
The Chief of Police is responsible for planning, directing, coordinating,
controlling,
and staffing all activities of the Department. He is also responsible for
its
continued and efficient operation, for the enforcement of rules and regulations
within
the Department, for the completion and forwarding of such reports as may be
required
by competent authority, and for the Department's relations with local
citizens,
the local government, and other related agencies. He is responsible for
the
training of all members of the Department and shall perform his duties in a
manner
consistent with the Job Description for the Chief of Police Chief contained,
in the
"Rules and Regulations for the Government of the Police Department of the
City of
Woburn ", as adopted by the City Council on July 1, 1980 and approved by
the
Mayor on July 8, 1980. He shall report to the Mayor, annually in the month of
January,
the condition of the Department, with a synopsis of its doings for the
preceding
year. (Prior Ch.18 sec.5).
2-65
Chief of Police--Appearance in court for prosecution of violations.
The
Chief of Police shall have charge of all complaints made to the Police
2-43
Department
by citizens or by members thereof for any breach of the criminal law
and the
ordinances of the City, and either he or his designee shall appear in court
to
prosecute all violations thereof. (Prior Ch. 18 sec.6).
2-66
Chief of Police--Record of arrests and disposition of complaints.
The
Chief of Police shall keep a record, with a suitable index, of all persons
arrested,
with the name of the arresting officers and the place of birth, age, height,
complexion,
residence and offense of the person arrested, with such other
description
or data as may be useful for identification. When complaints are made,
the Chief
of Police shall make a record of the result thereof, together with the fees
of
officers and witnesses. (Prior Ch. 18 sec.7).
2-67
Chief of Police--Report to Treasurer of fines and fees--removal of nuisances.
In the
months of March, June, September and December, the Chief of Police shall
give to
the Treasurer correct lists of all fines and fees which inure to the City. Upon
notice
from the office of public works, the Chief of Police shall cause all nuisances
and
obstructions to be removed from any highway, lane, square, sidewalk, or
bridge
in the City and shall perform such other duties as may be required of him by
ordinance.
(Prior Ch. 18 sec.8).
2-68
(Reserved)
2-69
(Reserved)
2-70
Duties of members.
Each
member of the Police Department shall perform his duties in a manner
consistent
with the Job Description for his position contained in the " Rules and
Regulations
for the Government of the Police Department of the City of Woburn ",
as
adopted by the City Council on July 1, 1980 and approved by the Mayor on July
8,
1980. (Prior Ch.18 sec.11).
2-71
Enforcement of laws and ordinances.
It is
the duty of all members of the Police Department to enforce the laws of the
Commonwealth,
the laws and ordinances of the City, and to do or perform such
other
acts as may be connected with their office or incidental thereto. (Prior Ch. 18
sec.12).
2-72
(Reserved)
2-44
2-73
Uniforms and equipment.
All of
the members of the Police Department, except plainclothes men, so-called,
shall
wear the prescribed police uniform and badge while on duty and shall carry a
loaded
firearm and police baton, as issued and authorized by the Chief of Police in
accordance
with the " Rules and Regulations for the Government of the Police
Department
of the City of Woburn ", as adopted by the City Council on July 1, 1980
and
approved by the Mayor on July 8, 1980. (Prior Ch. 18 sec.14).
2-74
(Reserved)
2-75
(Reserved)
2-76
(Reserved)
2-77
(Reserved)
2-78
Use of weapons.
A. No
person shall, except as authorized or required by law, fire or discharge any
gun,
fowling piece or other firearm or an air rifle in the City, but the provisions
of
this
section shall not apply to the Chief of Police or other police officer in the
performance
of their duties, nor to the use of such weapons at any military
exercise,
or at an established rifle range, or in the lawful defense of the person,
family
or property of any citizen, nor to the rights and privileges of an owner or
lessee
of land as set forth in Chapter 131 of the Massachusetts General Laws;
nor
shall the provisions of the ordinance codified in this section be applied
against
any incorporated or unincorporated group of individuals who are
organized
under the auspices of, and supervised by, the New England Field Trial
Association,
and when such group, endorsed and supervised by said
association,
convenes for the purpose of holding field trials.
B.
Whosoever violates the provisions of this section shall be punished by a fine
not
exceeding
two hundred dollars for each offense. (Prior Ch. 18 sec.19).
2-79
Personnel--Assignment among different Companies -- Reserve force.
A. The
fire department shall consist of the fire chief, five captains, seventeen
lieutenants,
forty-eight firefighters, one secretary, one senior clerk, four
dispatchers,
eighteen reserve firefighters. One firefighter shall be appointed as
fire
alarm supervisor and one firefighter as mechanician of the fire department.
The
fire chief shall assign the members of the department among the different
2-45
2-80
Fire stations--Number and location.
2-81
Appointment and assignment of officers--Duties.
companies
and may, at his discretion, change such assignments and transfer
members
of the department from any station or company to any other in the
department.
He shall file with the City Clerk and the City auditor a list of the
assignments
so made by him. The fire chief may suspend without pay or
discharge
any member of the department, subject to the provisions of the Civil
Service
Laws of the Commonwealth. Every call fireman shall dwell and have his
place
of business or employment within the City, and upon failing to do so, shall
cease
to be a member of the department. (Ord. dated 06/24/87; 03/09/90;
07/19/91;
prior Ch. XI sec.1). Ord. amended 7/19/91.
B.
There is established a reserve fire force consisting of eighteen firefighters.
(Ords.
dated
9/28/84; 4/20/84; prior Ch. 11 sec.1); Ord. dated [part] 06/24/87).
Five
fire stations shall be maintained as follows:
A.
Station 1 on corner of Main and Hudson Streets;
B.
Station 3, located on Main Street, opposite Clinton, also called Central Fire
Station;
C.
Station 4 on Central Street, East Woburn;
D.
Station 5 on corner of Lexington and Willow Streets;
E.
Station 7, Main Street and corner of Nichols Street.(Prior Ch. 11 sec.2).
A. The
fire chief shall appoint from the permanent firemen, three captains and
three
lieutenants. One captain and one lieutenant shall be assigned to the
apparatus,
the company in charge of which consists of the largest number of
permanent
firemen. One captain and one lieutenant shall be assigned to the
apparatus,
the company in charge of which has the second largest number of
permanent
firemen. One captain and one lieutenant shall be assigned at the
discretion
of the fire chief. The fire chief may also appoint from the call-men two
captains
and two lieutenants, one of each of whom shall be assigned to either or
each of
the two remaining companies hereinbefore provided for.
B. The
fire chief shall appoint a driver for each piece of apparatus which may be
assigned
to regular service.
C. The
captain or in his absence the lieutenant or in the event of the absence of
both,
the senior member of the company present shall have the executive
charge
of the station, apparatus and company to which he is assigned, except
that he
shall not be held responsible for the performance of the technical duties
in connection
with the motor apparatus, hereinafter provided for as the duty of
the
mechanician.
2-46
D. The
lieutenant of each company shall, upon the first day of each month, make a
roll
bearing the full name of each member of the company, specifying also the
number
of times the company has been called out, and the attendance of each
member.
The roll shall be signed by the respective captains and shall be
delivered
to the fire chief, who shall examine them and also bills and accounts
against
the department and if they are correct shall approve them.(Prior Ch. 11
sec.3).
2-82
Substitute firemen.
The
fire chief may appoint substitute firemen in accordance with Civil Service
Rules
and
Regulations. (Prior Ch. 11 sec.4).
2-83
Mechanician--Duties.
The
fire chief shall also appoint from the permanent force a mechanician who shall
inspect
all motor apparatus in use by the department at least twice a month, and
render
a written report to the chief of all such inspections on printed forms provided,
within
twenty-four hours of the completion of the inspection. He shall give
instructions
regarding care, mechanical operation and maintenance of the motor
apparatus
and shall direct such repairs as may be made without technical
assistance
from outside the department. He shall perform such further duties as
may be
prescribed by the fire chief. (Prior Ch. 11 sec.5).
2-84
Fire chief--Supervisory duties.
The
fire chief shall have supervision and control of the rooms, apparatus and
machinery
connected with the fire alarm system and shall determine what
disposition
is to be made of the keys of the signal boxes. He shall make rules and
regulations
for giving alarms of fire through the telegraph. No person shall interfere
with
any of the signal boxes, keys, wires, poles or other supports of the wires. The
fire
chief may at any time ring in an alarm to call additional help or for test
purposes.
(Prior
Ch. 11 sec.6).
2-85
Fire chief--Command of department.
The
fire chief shall have sole and absolute control and command of all the
members
of the
department, and of all persons at fires, or whenever the department is on
duty.
The officer in command of the company which first arrives at a fire shall be
the
officer
in command until the fire chief arrives. (Prior Ch. 11 sec.7).
2-47
2-86
Fire chief--General powers and duties.
2-87
Provisions for members in case of injury or disability.
2-88
Absences and vacations--Call men.
A. The
fire chief shall devote his entire time to the service of the fire department
and
shall be responsible for the discipline and the demeanor of the members
constituting
the department and may make suitable rules and regulations
governing
the same.
B. The
fire chief shall cause to be kept rolls of the companies, specifying the
name,
age, occupation, residence by street and number, date of admission and
discharge
of each member of the department.
C. The
fire chief shall have the superintendency and control of the hydrants at
fires,
of the engines and apparatus, and of all other property appertaining to the
department;
and he shall cause to be kept an accurate account thereof.
D. The
fire chief shall annually, and more often if required, make to the City
Council
a detailed report of the condition of the fire department; of losses and
accidents
by fire, with the causes thereof as well as can be ascertained; a
description
of the buildings and other property destroyed or injured, the amount
of
insurance thereon, and the names of the owners thereof. (Ch.11 sec.8).
A. Any
member of the department injured or disabled while in actual duty shall
receive
pay as fireman for the time lost in consequence thereof for a period not
exceeding
three months.
B. Any
regular member of the department injured or disabled other than in the line
of duty
shall receive compensation equal to his established pay for a period of
fifteen
days in each calendar year. Any period or portion of sick leave unused in
any
calendar year shall accumulate not to exceed ninety days.
C. The
periods of disabilities shall be certified by the City physician and attending
physicians
if the period exceeds three days. If the period is three days or less, it
shall
be certified by the chief of the department. (Prior Ch. 11 sec.9).
A. For
every absence from an alarm of fire there shall be deducted from the pay of
the
absent member the sum of two dollars and fifty cents, which amount, so
deducted,
shall be retained by the City treasurer, and credited to the fire
department
account, and the member who is fined will receive only the balance
due,
after making such deductions.
2-48
B.
Permanent call members may have a vacation of two weeks and no fines will be
deducted
for absence from fire alarms during vacations.
C. At
an alarm of fire each call man shall report as quickly as possible to his
captain
at the fire, or to his company quarters, and remain there ready for
immediate
duty, until the recall is sounded. Thirty minutes shall elapse after an
alarm
before the roll is called, but in case the recall is sounded previous to the
expiration
of this time, the captain shall have the roll called at once and any
member
reporting within the limit of time shall not be marked absent. (Prior Ch.
11 sec.10).
2-89
Conduct of members.
A. No
gambling shall be allowed in any building occupied by the fire department,
nor
shall spirituous liquors be carried into, kept or used therein.
B. The
officer in command of each company shall preserve order and discipline in
his
respective company, and shall promptly report in writing to the fire chief the
name of
any member guilty of misconduct. Charges may be drawn by any
officer
of the fire department and forwarded to the chief for the following
offenses:
1. Intoxication; 2. Neglect of duty; 3. Disrespect towards a superior
officer;
4. Absence without leave; 5. Conduct prejudicial to good order; 6.
Cowardice
and shirking duty at a fire. The disposition of these offenses by the
chief
shall be in accordance with sec. 2-79 of this code. (Prior Ch. 11 sec.11).
2-90
Fire apparatus not to be removed from City.
No part
of the fire apparatus shall be taken from the City, unless to a fire, without
special
permission from the City Council, or the Mayor or the fire chief. (Prior Ch.
11
sec.12).
2-91
Driving over hoses.
Whenever
any hose is placed in any street by order of an officer of the fire
department,
no person shall drive any vehicle upon or over the same without the
consent
of some officer of the fire department. (Prior Ch.11 sec.13).
2-92
Right-of-way.
The
officers and men of the fire department, with the engines and apparatus
thereof,
shall have the right-of-way while going to a fire or responding to an alarm
through
any street in the City. Owners and drivers of motor vehicles in any street in
which
any fire apparatus is approaching while going to a fire or responding to an
alarm
shall without delay move such vehicles to such positions as will not interfere
2-49
with a free
and unobstructed passage for such fire apparatus. Operators of cars or
buses
upon the approach in either direction of any fire apparatus going to a fire or
responding
to an alarm, shall as quickly as safety of the passengers will permit
bring
such cars or buses to a full stop until the fire apparatus has passed a
reasonable
distance beyond the car or bus. (Prior Ch. 11 sec.14).
2-93
Retirement of disabled or aged members.
The
City Council with the approval of the Mayor may retire on pension disabled or
aged
members of the fire department in accordance with Massachusetts General
Laws,
Chapter 32, Section 80, et seq., and amendments thereto. (Prior Ch. 11
sec.15).
2-94
City physician to examine members.
The
City physician shall examine forthwith members of the fire department sought
to be
pensioned on the grounds of disability and return to the City Council a written
certificate
on the physical condition of such person, so far as it affects permanently
his
ability to perform active service as a fireman. (Prior Ch. 11 sec.16).
2-95
Certificates of retirement.
Certificates
showing the retirement on pension of members of the fire department
together
with all papers pertaining thereto shall be filed by the City Council with the
City
Clerk who shall forthwith transmit a copy of such certificate to the City
auditor.
(Prior
Ch. 11 sec.17).
2-96
Aid to other cities.
The
chief of the fire department, or during his absence, the one in charge, is
authorized
to go to aid another City, town or fire district in extinguishing fires
therein,
with both apparatus and men and while in the performance of their duties
in
extending such aid the members of the department shall have the same
immunities
and privileges as if performing the same within the City of Woburn.
(Prior
Ch. 11 sec.18).
2-97
Issuance and revocation of permits.
The
chief of the fire department shall, in accordance with the provisions of MGL,
Chapter
148, issue and revoke all permits as therein provided and shall issue such
permits
as may be required by the Rules and Regulations of the Board of Fire
Prevention,
under the state Department of Public Safety. (Prior Ch. 11 sec.19).
2-50
2-98
Cleaning of snow from around fire hydrants.
The
chief of the fire department shall be responsible for the cleaning of snow from
around
the fire hydrants after a snow storm. (Prior Ch. 11 sec.20).
2-99
Fees for inspections and permits.
The
following table contains the fees for inspections and permits: (Prior Ch. 11 sec.23).
| TYPE OF PERMITS OR INSPECTIONS | FEE TIME |
| 1. Oil burner completions, inspection and permit | 15.00 per job |
| 2. Propane storage, inspection and permit. | 20.00 per job |
| 3. Flammable fluids and gases(MGL Ch.149 Sec.9) | 5.00 one year |
| 4. Storage of black or smokeless powder | 15.00 five years |
| 5.Blasting Permit | 50.00 one year |
| 6. Removal of flammable liquid tanks | 50.00 per tank |
| 7. Installation of flammable liquid tanks | 50.00 per tank |
| 8. Fireworks display | $50 One Event |
| 9. Flammable decorations, per 527 CMR 21 | $15 One Year |
| 10. Tar kettle | $15 per job |
| 11. Tar truck | $100 per year |
| 12. Tank truck inspections | $75.00 two years |
| 13. Copies of fire or ambulance reports | $5.00 per report |
| 14. Smoke detectors (MGL Ch. 148 Sec. 26) One to five family | $15.00 per inspection |
| Smoke detectors over five families | $10.00 per dwelling unit |
| 15. Buildings, as defined by MGLA c. 148 Sec. 1 | $40.00 per inspection |
| 16. Motel and hotel | $40.00 per inspection |
| 17. Theatres | $40.00 per inspection |
| 18. Fire Alarm master box connection | $250.00 per year |
| 19. Central office and other signal to fire alarm | $125.00 per year |
(Amended
3/9/90; deleted Rocket permits 15.00 and Review of plans, prints and
specifications
25.00 per job; Amended 3/6/90 lines 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16,
17, 18,
19; Amended 12/17/91; line 3 from $15.00 to $5.00 per year.)
2-100
Election of Auditor.
So far
as is consistent with Massachusetts General Laws, Chapter 31, the City
Council,
according to Title III, Section 14, of the City Charter, has power to elect a
2-51
City
auditor. The auditor shall have charge of the auditing department, and to the
extent
that it may be consistent with statutes, be subject to supervision of the
standing
committee on finance-audit. (Prior Ch. 3 sec.1).
2-101
Powers, duties and responsibilities.
In
addition to the powers, duties and responsibilities imposed upon the City
auditor
by the
City Charter, Massachusetts General Laws, Ch.41, sec. 48 through 54A,
and
general and special statutes, the City auditor shall have such additional
powers,
responsibilities and duties as are established by ordinance. (Prior Ch. 3
sec.2).
2-102
Books and records to be kept.
The
City auditor shall cause a complete set of books to be kept, consistent with
the
uniform
system of accounts prescribed by Massachusetts General Laws, Chapter
44,
Section 38, in which books shall be entered the amount of each specific
appropriation,
the amounts and purpose of expenditures made therefrom, and
receipts
from all sources of income, and disbursements therefrom. In such books
shall
also be entered records of charges against the City treasurer, City collector
and
other administrative officials for accounts for which they are responsible and
collections
or other credits applicable thereto. Such records shall also include a
detailed
record of the City debt, showing the purpose for which it was incurred,
maturity
date and the rate of interest. (Prior Ch. 3 sec.3).
2-103
Filing of records and reports with auditor.
All
administrative boards, commissions and officers shall keep such records and
reports
of bills, payrolls and accounts as may be prescribed by the City auditor, and
in such
form as he may determine, consistent with the uniform system of accounts
prescribed
by Massachusetts General Laws, Chapter 44, Section 38. The
administrative
boards, commissions and officers shall furnish to the City auditor
such
records and reports as may be required by him. (Prior Ch. 3 sec.4).
2-104
Bill collection schedules to be filed with auditor.
All
administrative boards, commissions and officers shall file with the City
auditor a
schedule
of bills which are to be committed to the City collector for collection by
him.
The City collector shall report to the City auditor, in prescribed detail,
collections
to be credited thereto. (Prior Ch. 3 sec.5).
2-52
2-105
Statement of departmental receipts to be filed with auditor.
All
boards, officers and departments receiving fees, costs, charges, commissions
or
other moneys allowed by law for and in behalf of the City shall, upon paying
the
same to
the City treasurer, file with the City auditor an itemized statement of the
sources
from which such fees or moneys were received, together with the amount
thereof.(Prior
Ch.3 sec.6).
2-106
Countersigning of bonds, notes and certificates; Records to be kept.
The City
auditor shall countersign all bonds, notes and certificates of indebtedness
issued
by the City treasurer, as authorized by the Mayor and the City Council. The
City
auditor shall keep a record of all bonds, notes and certificates which have
been countersigned
and approved by him. (Prior code Ch. 3 sec.7).
2-107
Custodian of bonds, contracts and other legal instruments--Register of sureties
of
bonds.
The
bonds of the City treasurer, City Clerk, assistant City Clerk and other
administrative
officials and subordinate employees and all other contracts, deeds,
agreements
and other legal instruments to which the City may be a party shall be in
the
custody of the City auditor, unless otherwise specifically provided for in the
Charter,
General or Special Laws, or in this code. The City auditor shall direct the
keeping
of a register of the sureties of all bonds of indemnity given to the City.
(Prior
Ch.3 sec.8).
2-108
Annual report to Mayor and City Council.
A. The
City auditor shall make an annual report to the Mayor and the City Council
which
shall include a statement of the following: 1. All receipts and expenditures
of the
City for the preceding financial year; 2. Trust and investment funds; 3.
Debt
transactions during the year including the outstanding debt as of the end
of
financial year; 4. The reduction or increase of the City debts; 5. Detailed
amounts
of each specific appropriation and the expenditures therefrom; 6. The
receipts
from each source of income.
B. The
statement shall be arranged as far as practicable to conform to the
accounts
of the City treasurer and City collector, and shall be accompanied by
a
schedule of the property belonging to the City, and by an exhibit showing the
debts
due from the City, the interest thereof, and the years in which such debt
will
become due. (Prior Ch. 3 sec.9).
2-53
2-109
Annual audit by state.
The
City auditor shall petition the Director of Accounts of the State Department of
Revenue
for an audit of the financial accounts of the City, as provided by
Massachusetts
General Laws, Chapter 44, Section 36, such petition to be made
forthwith,
after twelve months from the date of the previous audit. (Prior Ch. 3
sec.10).
2-110
Examination of bills and demands.
The
auditor shall examine all bills and demands against the City and those which
have
been certified as provided in Section 2-113; he shall see that the clerical
computations
are correct, and that there are on hand funds appropriated for such
purpose
sufficient for the payment of such demand or bill. In case of any error or
informality,
the auditor shall make note of the fact, and return the bill or demand,
with
his objections, to the officer or board presenting the same. Such bills as the
auditor
approves, he shall present to the committee on finance-audit as provided in
Section
2-111. Such bills shall be subject to deduction for any and all sums due to
the
City and the City auditor shall certify the amount to be deducted to the City
Treasurer
who shall thereupon withhold such amount due the City. (Prior Ch. 3
sec.11).
2-111
Committee on finance-audit to examine accounts and claims.
The
standing committee on finance-audit shall meet on or before the fourteenth day
of each
month, and carefully examine all accounts and claims against the City
which
shall be presented to it by the auditor, and after comparing them with his
record,
shall allow and pass the same if found to be properly entered; but no bill
shall
be allowed or passed by the committee unless the same shall have been
approved
and certified in the manner prescribed by Massachusetts General Laws,
Chapter
41, Section 52, and by the provisions of this chapter. When the committee
on
finance-audit has doubt concerning any bill or account, it shall return the
same
to the
board or committee approving, for explanation, and if not satisfactorily
explained,
it shall be reported to the City Council for consideration and final
decision.
The certificate of the committee allowing such accounts or claims shall be
made in
the book in which the same are recorded. (Prior Ch. 3 sec.12).
2-112
Presentation of accounts to Mayor.
A. On
or before the fifteenth day of each month the auditor shall present to the
Mayor
all accounts against the City which have been allowed and passed by
the
committee on finance-audit, or which have been approved by him if the
committee
on finance-audit has failed to hold the meeting provided for in this
2-54
section.
The provisions of this chapter shall not limit the authority of the Mayor
to draw
orders on the treasurer for payment of accounts and claims approved
by the
auditor or the authority of the treasurer to pay such accounts and claims
in any
month in which the committee on finance-audit does not hold the meeting
provided
for in this section on or before the fourteenth day of such month.
B. The
auditor shall examine and, if he finds them correct and in conformity with
the
provisions of Section 52 of Chapter 41 of the Massachusetts General Laws,
and
acts in amendment thereof, he shall approve all weekly payrolls submitted
to him
under the provisions of Section 3-8 of this code, and on Tuesday of each
week he
shall present to the Mayor such payrolls as he approves. (Prior Ch. 3
sec.13).
2-113
Approval of certain bills for prompt payment.
The
auditor may approve and present to the Mayor at any time, any bill, the
prompt
payment of which entitles the City to a discount, provided that the officer or
agent
who contracted the bill, or if the bill was contracted by a committee or board,
any
members thereof, shall first sign and swear to a certificate attached to the
bill,
that
the prompt payment thereof will entitle the City to a discount, specifying the
amount
of the discount, that the discount can be obtained in no other way, and that
the
obtaining of the discount is the sole reason for the prompt payment of the
bill.
The
Mayor may draw orders on the City treasurer for the payment of the payrolls
and such
bills to obtain discounts before they are presented to the committee on
finance-audit.
(Prior Ch. 3 sec.14).
2-114
Approval of certain large bills.
Whenever
a contract with the City or any department thereof is in excess of one
hundred
thousand dollars, the City auditor may approve and present to the Mayor
such
bill or part thereof as may be set forth in a properly approved requisition for
prompt
payment without requiring that a discount be given, provided that the officer
or
agent of the City or department thereof who contracted the bill shall have
approved.
(Prior Ch. 3 sec.15).
2-115
Appropriations.
A. The
auditor shall keep a complete set of books, in which shall be entered the
amount
of each specific appropriation and of sums accredited thereto, and
each
amount that has been expended on account of such appropriation. He
shall
notify the Mayor whenever the expenditure of a department seems to him
in
excess of a proper monthly ratio of its appropriation; he shall, when any
appropriation
of a department has been wholly expended, immediately make a
report
of the fact to the department, to the Mayor and to the committee on
2-55
accounts,
which committee shall not pass or allow any claim or account
chargeable
against such appropriation until the City Council provides the
means
of paying the same. The auditor shall once in each month, furnish the
Mayor
and City Council with a statement, showing the condition of each
account,
giving the amount of appropriation, expenditures and unexpended
balances
under the same, and showing the amount of receipts itemized in the
same
manner as estimated receipts in the annual budget.
B. For
the purposes of this section, and in accordance with Section 40 of the City
Charter,
the annual budget, together with any supplemental appropriations
passed
by the City Council, shall be considered to have been passed as, and
shall
be set up and maintained as, a line item budget. Each line and separate
account,
as shown on the annual budget, shall be considered a separate and
distinct
appropriation. (Prior Ch. 3 sec.16).
2-116
Accounts with Collector and Treasurer.
The
auditor shall keep an account with the collector of taxes, charging him with
the
whole
amount of taxes assessed for collection, and with the treasurer, charging him
with
the amount of loans and sums that may be borrowed for the City and with all
securities
and such receivables. He shall also keep a schedule of all property
belonging
to the City. (Prior Ch. 3 sec.17)
2-117
Signing of orders and bonds drawn by Mayor.
The
auditor shall sign all orders drawn by the Mayor on the treasurer as provided
in
Section
3-1 of this code; and with the Mayor and City treasurer shall sign all bonds
and
certificates of indebtedness issued by the City. (Prior Ch. 3 sec.18).
2-118
Examination of accounts of other officers.
The
auditor shall from time to time examine the books and accounts of all officers
of the
City entrusted with the receipt, custody or expenditures of money, and all
original
bills and vouchers on which moneys have been or may be paid from the
treasurer
to the City. The auditor shall have free access to the books, accounts,
bills
and vouchers at all times and may make examination thereof, but he shall
examine
the same at least once a year. (Prior Ch. 3 sec.19).
2-119
Auditor to be present at opening of bids.
The
City auditor shall be present at the opening of all bids, and shall receive a
copy
of all
bids in excess of five hundred dollars before payment on any contract is
authorized.
(Prior Ch. 3 sec.20).
2-56
2-120
Clerical assistance.
A. The
City auditor shall appoint one administrative assistant, one head clerk and
one
junior clerk who shall do the clerical work in the office of the City auditor
and
perform such other duties in the office as the City auditor may prescribe.
(Ord.
dated 06/10/88. Prior Ch. III sec.21; amended 7/10/98).
B.
These appointments shall not be for any specified time but the clerks shall
hold
office
during good behavior and shall be removed only by the City auditor in the
manner
provided for the removal of employees under the Classified Civil
Service
of the Commonwealth of Massachusetts. (Prior Ch. 3 sec.21).
2-121
Appointment of Director Agent.
The
Mayor shall annually appoint in April, in accordance with Massachusetts
General
Law, Chapter 115, a veteran's agent who shall be titled Veterans Director-
Agent,
and be the head of the Veterans' Benefits Department. Said Director-Agent
shall
be a veteran as provided by (Chapter 68, Acts of 1984.) Said Director-Agent
shall
make disbursements of veterans' benefits by the City as provided by law and
regulations.
The Director-Agent shall assume all the duties and powers heretofore
performed
by the Investigator of the Department, by investigating all applications
for
benefits, and render such aid and assistance as is in his or her judgement
necessary.
He or she shall also perform all the duties imposed by the provisions of
said
Chapter 115, as from time to time amended, insofar as the same may be
applicable
to the title and the Department. (Ord. dated 03/12/87; Prior Ch. 28
sec.1).
2-122
Clerks.
The
said Department shall have one Head Clerk with name to be taken from the
Civil
Service List and appointed by the Department Head. (Ord. 03/12/87; Prior
Ch.28
sec.2). (Amended 11/16/93)
2-123
Composition of department.
The
cemetery department shall consist of the following:
A. The
superintendent of cemeteries;
B. One
permanent work foreman:
C. One
permanent heavy equipment operator;
2-57
D. One
permanent motor equipment operator;
E. One
permanent maintenance man;
F. One
permanent intermittent mason;
G. Four
permanent intermittent laborers; and
H. One
permanent senior clerk. (Ord. dated 8/20/84(part)).
2-124
Appointment of superintendent and other employees.
Consistent
with civil service rules and regulations, the superintendent and other
cemetery
employees shall be appointed by the cemetery commission. (Ord. dated
8/20/84
[part]).
2-125
Burial of still-borns.
All
residents, present and past, and those individuals employed by the City, are
entitled
to burial rights for still-borns in a lot maintained for such burial, by the
City
and
coming under the management of the board of cemetery commissioners of the
City.
(Prior Ch. 30 sec.4).
2-126
Manager of Information Systems.
1. The
Mayor shall appoint a person to be the Manager of Information Systems.
The
Manager shall be responsible for all management information systems, all
voice
and data systems, all hardware, software and vendor systems for the City
of
Woburn. The Manager will work with all City departments to determine their
requirements
for information systems support. The Manager shall implement
the
selected systems and provide support for operation and maintenance of the
systems
on an on-going basis.
The
Manager of Information Systems will establish plans, policies and
procedures;
will install and implement all phases of the required systems;
provide
daily support for the systems, sub-systems, methods and necessary
training.
(Ord.
added 10/9/98)
2-127
Establishment.
A. A
planning board for the City is established under the provision of
Massachusetts
General Laws, Chapter 41, Section 81A.
2-58
2-128
Director of the Planning Board.
B. The
planning board shall have the powers and authority and perform the duties
set
forth in Massachusetts General Laws, Chapter 41, Section 10, et seq., and
amendments
thereto.
C. The
planning board shall consist of seven members, two with the following
qualifications:
1. An attorney; 2. An individual who has a civil engineering
degree,
or equivalent civil engineering work experience.
D. Each
member of the planning board shall serve for a term of five years and
shall
be a resident of the City.
E. The
planning board shall cause to be published in the local newspaper of
general
circulation a list of all plans approved or denied by it on Wednesday
next
following its meeting. Included shall be any plans submitted under the
subdivision
control law not required. (Two ords. Dated 8/20/84: prior Ch. 16
sec.9).
1. The
position shall be full-time, five days per week, with attendance at Planning
Board
meetings.
2. The
qualifications, duties and responsibilities shall be: a. formal schooling with
a
Bachelor's
Degree from an accredited college or university in public
administration
or allied study. Equivalent work experience may be substituted
for a
degree; b. experience of at least one year in office supervision and related
duties;
knowledge of building construction, building and zoning codes, plan
reading,
community planning and development; c. directing all the activities of
the
Planning Board; receive and coordinate all applications and plans filed with
the
Board; attend all meetings of the Board; supervise all other employees of
the
Board; maintain files and records of the Board; inspect any land or
subdivision
as required; assist other municipal officials in matters related to the
Planning
Board, including the other boards and City Council; d. responsible for
organizing
all materials for the meetings of the Planning Board; for the Board's
minutes,
its agendas and the carrying out of its decisions; representing the
Board's
interests, views and authority before other local officials or tribunals,
and
before state or federal tribunals or agencies; and such other duties and
responsibilities
as set forth by the ordinances and the Planning Board.
3.
Appointment is to be made by the Mayor, subject to the City Council's
confirmation.
(Ords. dated 1/22/87, 11/26/90; 3/7/95; prior Ch. XVI, sec.9;
amended
12/20/2001).
2-59
2-129
Secretary of the Planning Board.
A.
There shall be a secretary to the planning board.
B. The
experience of the secretary shall be as required by the planning board.
C. The
duties of the secretary shall include typing, filing and other related
secretarial
duties as assigned by the planning board.
D. The
secretary must attend night meetings. (Editorially amended during 1987
recodification:
Ord. dated 9/27/84; also Ord. dated 08/24/87, setting position of
secretary
at junior clerk level; Ord. dated 10/24/97 “setting position of secretary
at
principal clerk level”).
2-129A
Grant Writer.
This
position shall be responsible for writing and overseeing grant proposals on
behalf
of the City of Woburn. The range of proposals researched shall be
consistent
with the policies of the Mayors Office. This individual shall work with all
city
departments at the direction of the Mayor. The duties of this position require
this
person to collaborate with internal and external groups to fashion the best
proposals
possible. This includes research and writing of proposals, obtaining
written
commitments from internal and external groups, lobbying state and federal
representatives
on behalf of active proposals. It also includes tracking existing
grants
for the purpose of resubmission. It also includes notifying department heads
of
funding opportunities.
The
grant writer shall not be responsible for financial and managerial reporting
requirements
of state and federal grants unless specifically designated and
approved
by the Mayor. All financial and progress reports shall be handled by the
designated
program director or department head.
The
grant writer will be required to garner at least his or her salary and all
other
compensation
in grant awards within the first 18 months and the same every 12
months
thereafter. It will be the right of the city council and or the Mayor to
conduct
a
performance review if this award level is not met. These hearings may result in
termination
of further employment. This person shall be appointed by the Mayor
with
confirmation from the city council. A B.A. degree shall be required and two
years
of grant-writing experience preferred.
(added
7/22/2002)
2-130
Mayor to appoint board.
As
required by Title VI, Section 32, fourth paragraph of the Charter, and subject
to
Massachusetts
General Laws, Chapter 41, Section 24, the Mayor shall appoint a
board
of assessors consisting of three persons. A vacancy may be filled for the
unexpired
term in the same manner as the original appointment. (Prior Ch. 2
sec.1).
2-131
Organization.
The
board of assessors shall organize as provided for by General Laws, Ch.41,
Sec.
24, consistently with the applicable provisions of the Charter.(Prior Ch. 2
sec.2).
2-132
Assistant assessors.
The
board of assessors may appoint assistant assessors according to the
provisions
of the General Laws, Chapter 41, Section 25A. (Prior Ch. 2 sec.3).
2-133
Duties--Generally.
The
board of assessors shall cause all taxes to be computed that are required by
the
City to meet the annual expenditures, and perform all other duties as required
under
the General Laws, Chapter 59 and 60A, applicable to boards of assessors.
(Prior
Ch. 2 sec.4).
2-134
Chief Appraiser/Department Manager.
There
shall be a full-time Chief Appraiser who shall act also as Department
Manager,
appointed by the Board, with the approval of the Mayor. The
qualifications
and duties of said position shall be as set forth in the Personnel
Manual
of the Personnel Committee of the City Council. The salary range shall be
between
50,000 and 60,000 dollars per year.
2-135
Senior Appraiser/Assistant Assessor.
There
shall be a full-time Senior Appraiser/Assistant Assessor, appointed by the
Board,
with the recommendation of the Chief Appraiser. The qualifications and
duties
of said position shall be as set forth in the Personnel Manual of the
Personnel
Committee of the City Council. The salary range shall be between
36,000
and 42,000 dollars per year.
2-61
2-136
Appraiser/Assistant Assessor.
There
shall be a full-time Appraiser/Assistant Assessor, appointed by the Board,
with
the recommendation on the Chief Appraiser. The qualifications and duties of
said
position shall be as set forth in the Personnel Manual of the Personnel
Committee
of the City Council. The salary range shall be between 30,000 and
34,000
dollars per year.
2-137
Department Systems Manager.
There
shall be a full-time Department Systems Manager, appointed by the Board,
with
the recommendation of the Chief Appraiser. The qualifications and duties of
said
position shall be as set forth in the Personnel Manual of the Personnel
Committee
of the City Council. The salary range shall be between 30,000 and
34,000
dollars per year.
2-138
Office Supervisor/Assessment Analyst.
There
shall be a full-time Office Supervisor who is also an Assessment Analyst,
appointed
by the Board, with the recommendation of the Chief Appraiser. The
qualifications
and duties of said position shall be as set forth in the Personnel
Manual
of the Personnel Committee of the City Council. The salary range shall be
between
22,000 and 26,000 dollars per year.
2-139
Principal Clerk/Personal Property and Excise Tax Analyst; Senior Clerk/Word
Processing
Clerk.
A.
There shall be a Principal Clerk who also acts as a Personal Property and
Excise
Tax Analyst, and who shall be appointed by the Board upon the
recommendation
of the Chief Appraiser, and according to any collective
bargaining
provisions in force covering clerical positions.
B.
There shall be a Senior Clerk who shall also be the Word Processing Clerk,
appointed
by the Board upon the recommendation of the Chief Appraiser, and
according
to any collective bargaining provisions in force covering clerical
positions.(Ord.
dated 06/24/87; prior Ch II, sec.sec.4-10).
2-140
Bimonthly report of assessors to City Council.
A. The
assessor's department shall be required to submit to each member of the
City
Council a bimonthly report of all abatements given within the past
calendar
month. They are required also to list the name, address and total
amount
of the money involved with each transaction.
2-62
years
of age. (Prior Ch. II sec.11).
2-141
Personnel.
B. This
ordinance shall not apply to statutory abatements pertaining to disabled
veterans,
handicapped people, widows, senior citizens and elderly over 70
There
is established in the government of the City a department of inspection
services,
which department shall be comprised of the following personnel:
A.
Building Commissioner. The term "building commissioner" shall mean as
that
term is
defined and used in Massachusetts General Laws Annotated, Chapter
143,
Sections 1 and 3. The building commissioner shall have all the powers,
duties
and responsibilities more particularly outlined and defined in said
Massachusetts
General Laws Annotated, Chapter 143, and such other duties
and
responsibilities as may elsewhere be specified within the General Laws of
Massachusetts
for the office. Additionally, the Building Commissioner shall have
the
duties, responsibilities and obligations which are described, specified and
outlined
in the 1985 zoning ordinance, Section 3.
B.
Local Inspector--Residential. The term "local inspector" shall mean
as that term
is
defined and used in Massachusetts General Laws Annotated, Chapter 143,
Sections
1 and 3. The local inspector shall have all the powers, duties and
responsibilities
more particularly outlined and defined in said Massachusetts
General
Laws Annotated, Chapter 143, except that the local inspector under
this
subsection shall be more primarily involved with residential uses of real
property.
C.
Local Inspector--Commercial. The term "local inspector" shall mean as
that
term is
defined and used in Massachusetts General Laws Annotated, Chapter
143,
Sections 1 and 3. The local inspector shall have all the powers, duties and
responsibilities
more particularly outlined and defined in said Massachusetts
General
Laws Annotated, Chapter 143, except that the local inspector under
this
subsection shall be primarily involved with commercial uses of real
property.
D.
Inspector of Wires. The term "inspector of wires" shall mean as that
term is
used
and employed in Massachusetts General Laws Annotated, Chapter 166,
Section
32. The inspector of wires shall have the powers, duties and
responsibilities
more particularly outlined, described and specified in said
Massachusetts
General Laws Annotated, elsewhere in this code and in the
state
building code.
2-63
E.
Inspector of Plumbing. The term "inspector of plumbing" shall mean as
that term
is used
and employed in Massachusetts General Laws, Chapter 142. The
inspector
of plumbing shall have the powers, duties and responsibilities more
particularly
outlined, described and specified in said Massachusetts General
Laws,
elsewhere in this code and in the state building code.
F. Head
Clerk. The term "head clerk" shall mean as that term is commonly used
and
understood elsewhere in this code.
G.
Principal Clerk. The term "principal clerk" shall mean as that term
is commonly
used
and understood elsewhere in this code. (Ords. dated 4/7/86; 12/20/85
[Part
A]: prior Ch. 16 sec.10[part]).
H.
Clerk-Stenographer. (Ord. dated 03/08/88).
I.
Local Inspector – Zoning Enforcement. The term “local inspector” shall be
defined
and used in accordance with Massachusetts General Laws Chapter
143,
Section 1 et. seq. The local inspector shall have all the powers, duties and
responsibilities
more particularly outlined in said Chapter 143, the state building
code
and as proscribed elsewhere in this ordinance, except this local inspector
shall
primarily assist the Building Commissioner with the enforcement of
Massachusetts
General Laws Chapter 40A, Section 1 et. seq. and the 1985
Woburn
Zoning Ordinances, as amended, which duties and responsibilities are
more
specifically set forth in Massachusetts General Laws Chapter 40A Section
7.
(Ord. added 1/22/99).
2-142
Acceptance of state law.
The
City specifically accepts the provisions of General Laws, Chapter 143, Section
3Y
relating to the tenure of the building commissioner and local inspectors.(Ord.
dated
12/20/85; prior Ch.16 sec.10[part]).
2-143
Compensation.
The
persons holding the positions listed in Section 2-141 shall be paid
compensation
in an amount which shall be from time to time listed in Sections 2-
179
through 2-192 of this code. (Ord. dated 12/20/85 [Part D]: prior Ch. 16
sec.10[part]).
2-144
Establishment.
2-64
2-145
Organization.
2-146
Powers, duties and responsibilities.
2-147
Assistants.
Under
the provisions of Chapter 40, Section 8C of the General Laws of the
Commonwealth,
there is established a conservation commission for the City,
hereinafter
in this part called the commission. (Prior Ch. 9-A sec.1).
A.
Pursuant to MGL Ch. 40 sec. 8C, the commission shall consist of not less than
three
nor more than seven members, one of whom shall serve as chairperson,
who
shall be appointed by the Mayor for a term of three years.
B. Any
member of the commission so appointed may, after a public hearing, if
requested,
be removed for cause by the Mayor.
C. A
vacancy occurring otherwise than by expiration of a term shall be filled for
the
unexpired
term in the same manner as an original appointment.(Prior Ch. 9-A
sec.2).
A.
Pursuant to Chapter 40, Section 8C of the General Laws of the
Commonwealth,
the commission shall be responsible for the promotion and
development
of the natural resources and for the protection of the watershed
resources
of the City.
B. The
commission may adopt rules and regulations governing the use of land and
waters
under its control, and may prescribe penalties, not exceeding a fine of
one
hundred dollars for any violation thereof.
C. The
commission shall keep accurate records of its meetings and actions and
shall
file an annual report which shall be printed in the annual report of the City.
D. The
commission may appoint a director, clerks, consultants and other
employees
and may contract for materials and services within the available
funds
insofar as the same are not supplied by other departments.
E. The
commission may receive gifts, bequests or devises of personal property or
interests
in real property in the name of the City, subject to the approval of the
City
Council. (Prior Ch. 9-A sec.3).
There
shall be a senior clerk to assist the Administrator and the Commission,
appointed
by the Administrator, with duties and responsibilities as prescribed by the
Administrator
and Commission. (Ord. dated 06/09/89)
2-65
2-148
Conservation Administrator.
Definition:
This position involves supervisory, managerial, administrative and
technical
work in connection with the requirements of the job description.
Duties:
1. Manage
and operate the Conservation Commission office, including supervision
of all
other personnel assigned to the Conservation Department; Hires and
Dismisses
support staff as required.
2.
Administer the provisions of Mass. General Laws, Chapter 131 s. 40, as
amended
and the Woburn Wetlands Ordinance.
3.
Maintain liaison with other relevant Federal, state and municipal offices and
departments,
and environmental organizations.
4.
Supervise the management of conservation lands in the City.
5. Develop
and present educational programs for the youth and adults of the city
on
issues related to the preservation and promotion of natural resources.
6.
Maintain a working knowledge of relevant laws and regulations which affect the
environment.
7.
Coordinate the City's participation in Federal, State or private funding
programs
relevant
to the Commission's mandate.
8.
Complete special tasks which may from time to time be assigned by the
Conservation
Commission.
Distinguishing
Characteristics:
* Works
fairly independently under the general supervision of the Conservation
Commission;
* Is in
frequent contact with other officials of the city, staff from Dept. of
Environmental
Quality Engineering and professional developers, engineers, the
general
public, including youth;
*
Exercises judgement which, if applied incorrectly, could result in damage to
private
property and in negative reactions from the general public; and in
environmental
degradation to the community;
* Is
required to engage in occasionally extended periods of moderate physical
effort
which is required under varying weather conditions and on weekends from
time to
time;
* Is
required to have excellent written and oral communication skills.
Desirable
Qualifications:
A
Bachelor's Degree in area related to the requirements of the position, such as
Land
Use Planning, Natural Science, Business Administration plus two years
experience
in a position related to environmental protection; or two years of college
(or an
Associate Degree) with a concentration in environmental studies plus five
2-66
years
experience in a position related to environmental protection; or a Master's
Degree
in an environmental field plus one year of experience in a position related
to
environmental protection; or any equivalent combination of education or
experience.
(Ord. dated 06/24/87; prior Ch. 9-A sec.6).
2-149
Establishment.
Under
the provisions of Chapter 40, Section 8D of the Massachusetts General
Laws,
there is established a historical commission for the City, hereinafter in this
part
referred to as the commission. (Prior Ch. 9-B sec.1).
2-150.
Organization.
A. The
commission shall consist of seven members, who shall be appointed by the
Mayor
for a term of three years each.
B. Any
member of the commission so appointed may, after a public hearing, if
requested,
be removed for cause by the Mayor. A vacancy otherwise than by
expiration
of a term shall be filled for the unexpired term in the same manner as
an
original appointment.
C. The
commission shall organize annually for the purpose of electing a chairman,
vice-chairman
and a secretary from among the membership. (Prior Ch. 9-B
sec.2).
2-151
Powers, duties and responsibilities.
A. The
commission shall be responsible for the preservation, protection and
development
of the historical assets of the City. For the purpose of protecting
and
preserving such places, the commission may make such recommendations
as it
deems necessary to the City Council and, subject to the approval of the
City
Council, to the Massachusetts Historical Commission, that any such place
be
certified as a historical landmark.
B. The
commission shall conduct researches for places of historic value.
C. The
commission may hold hearings, may enter into contracts with individuals,
organizations
and institutions for services furthering the objectives of the
commission's
program; may enter into contracts with local or regional
associations
for cooperative endeavors furthering the commission's program;
may
accept gifts, contributions and bequests of funds from individuals,
2-67
2-152
Records of meetings--Annual report.
2-153
Appointment of commission.
2-154
Organization.
foundations,
and from federal, state or other governmental bodies for the
purpose
of furthering the commission's program.
D. The
commission may appoint such clerks and other employees as it may from
time to
time require.
E. The
commission may acquire in the name of the City by gift, grant, bequest,
lease
or otherwise the fee or lesser interest in real or personal property of
F. The
commission shall administer the Loammi Baldwin Mansion and certain
G. The
commission shall be responsible for the National Register of Historic
significant
value and may manage the same.
sections
of the Old Middlesex Canal.
Places
within the City.(Prior Ch.9-B sec.3).
The
commission shall keep accurate records of its meetings and activities and shall
file an
annual report which shall be published in the annual report of the City. (Prior
Ch. 9-B
sec.4).
A.
Under the provisions of Chapter 45 of the General Laws of Massachusetts and
the
provisions of Chapter 358, Acts of 1945, there is created a recreation
commission.
B. The
commission shall consist of five persons. Two members are to be
appointed
by the Mayor, two members are to be appointed by the City Council
and one
member is to be appointed by the school committee.
C. The
term of office shall be for five years or until their successors are appointed
and
qualified.
D. Any
vacancy occurring in the commission shall be filled for the remainder of the
term by
the same authority whose appointees have vacated the positions. (Prior
Ch. 9-C
sec.1).
Immediately
after their appointment, the members of the commission shall meet
2-68
and
organize by electing one of their members chairman and such other officers as
may be
necessary. The commission shall have the power to adopt by-laws, rules
and
regulations for the proper conduct of public recreation for the City. (Prior
Ch.
9-C
sec.2).
2-155
Powers of commission.
The
recreation commission shall provide, conduct and supervise public
playgrounds,
athletic fields, recreation centers and other recreational facilities and
activities
on any of the properties owned or controlled by the City, or on other
properties
with the consent of the owners and authorities thereof. It shall have the
power
to conduct any form of recreational or cultural activity that will employ the
leisure
time of the people in a constructive and wholesome manner. (Prior Ch. 9-C
sec.3).
2-156
Appointment of director and personnel.
The
recreation commission shall have the power to appoint or designate someone
to act
as director who is trained and properly qualified for the work and such other
personnel
as the commission deems proper.(Ch. 9-C sec.4).
2-157
Commission to submit budget.
Annually
the recreation commission shall submit a budget to the Mayor and City
Council
for approval. The commission may also solicit or receive any gifts or
bequests
of money or other personal property or any donation to be applied,
principal
or income, for either temporary or permanent use for playgrounds or other
recreational
purposes. (Prior Ch. 9-C sec.5).
2-158
Commission to make full reports.
The
recreation commission shall make full and complete monthly and annual
reports
to the governing body of the City and other reports from time to time as
requested.
(Prior Ch. 9-C sec.6).
2-159
Clerical personnel.
The
clerical personnel of the recreation commission shall be one junior clerk.
(Ord.
dated
4/20/84: prior Ch. 9-C sec.7).
2-160
Establishment--Purpose.
2-69
Under
the provisions of Chapter 40, Section 8B of the General Laws of
Massachusetts,
there is established a local Council on aging. (Prior Ch. 9-D sec.1).
2-161
Organization.
The
local Council on Aging shall consist of fifteen voting members appointed by the
Mayor
with City Council confirmation. The appointed members shall serve without
compensation
for terms of three years. The first terms under this Section shall be
for
one, two or three years, and so arranged that the terms of one third of the
members
will expire each year, and their successors shall be appointed for terms
of
three years each. The Council shall elect annually at their first meeting in
any
new
year(calendar)four of its members to the positions of chairperson,
vicechairperson,
treasurer
and secretary. The Council shall be responsible to the
Mayor.
(Ch. 9-D sec.2; amended 9/4/98, 11/30/2000).
2-161A
Director of Council on Aging.
There
is hereby established the position of Director of Council on Aging who shall
be
appointed by the City Council and who shall manage, direct and superintend all
matters
coming within the purview and jurisdiction of the Council of Aging and shall
have
such other duties and responsibilities with respect to Senior Citizens in
Woburn
as the City Council, from time to time, determines. The City Council may
appoint
to the position of Director such person as it, in its sole discretion, deems to
be
suited by formalized training, particularized experience, or combination
thereof,
to the
carrying out of the subject duties and responsibilities. The Director shall
hold
a
Masters Degree in Human Services, preferably in Social Work, Gerontology or
Health
Administration. Compensation for this position shall be established by
Ordinance.
(Added 9/30/1999).
2-162
Powers and duties.
A. The
Council may appoint such clerks and other employees as it may require
within
the limits of available funds.
B. It
shall be the responsibility of the Council to: 1. Identify the needs of the
community's
elderly population and available resources; 2. Educate the
community
at large in the needs of the elderly; 3. Design, promote and
implement
needed services and coordinate with existing services for the elderly.
(Prior
Ch. 9-D sec.3).
2-163
Cost of advertising.
2-70
The
cost of all advertising and all notices of any public hearing held before the
City
Council
with reference to the issuance of a permit or license by the City Council
whether
such public hearing is required by law, ordinance, vote of the City Council
or
otherwise, shall be paid by the applicant for the permit or license with
reference
to
which such public hearing is held. (Prior Ch. 19 sec.1).
2-164
Deposit required from applicant.
All
applications filed with the City Council for a license or permit which by law
or
ordinance
cannot be issued until after a public hearing before the City Council shall
be
accompanied by a deposit sufficient in amount in the judgment of the City Clerk
to pay
the costs of all advertising and notices required by such law or ordinance.
Any
excess of the amount of the deposit over the actual cost of such advertising
and
notices shall be returned to the applicant. (Prior Ch. 19 sec.2).
2-165
Costs of advertising to be paid before issuance of license or permit.
No
permit and no license granted by the City Council after a public hearing with
reference
thereto, whether such public hearing was required by law, ordinance,
vote of
the City Council or otherwise shall be valid unless the records of the City
Council
show that the applicant therefor has paid the actual costs of all advertising
and all
notices of such public hearing. (Prior Ch. 19 sec.3).
2-166
Civil defense preparedness agency.
There
is established a civil defense preparedness agency (hereafter in this part
called
the "agency"). The agency shall perform the functions of civil
defense as that
term is
defined in General Laws Chapter 33, Section 13-1, Appendix, and any
other
functions promulgated under law and executive order. (sec.1 of Ord. dated
3/9/84).
2-167
Co-directors--Appointment--Responsibility.
The
agency shall be under the direction of two directors, each of whom shall be
called
a co-director. The co-directors shall be appointed by the Mayor and shall
have
direct responsibility for the administration and operation of the agency,
subject
to the direction and control of the Mayor. (sec.2 of Ord. dated 3/9/84).
2-168
Police and fire chiefs may be appointed as co-directors--Duties of
co-directors.
The
Mayor may designate the police and fire chiefs as co-directors. The codirectors
shall
have the power to appoint area coordinators, and may accept or
2-71
receive
on behalf of the City, any services, equipment, supplies, materials, funds,
grants
or loans, for purposes of civil defense, offered by the federal or state
governments
or any agencies thereof, or by any person, firm or corporation or
organization
offering the same. The co-directors shall cause appropriate records to
be kept
of all receipts of goods and moneys for civil defense. (sec.3 of Ord. dated
3/9/84).
2-169
Fire and police protection.
The
Mayor and City Council may establish, through appointments, volunteer or
unpaid
public protection units as may be approved by the state's civil defense
agency,
and as provided in General Laws Chapter 33, Section 13-11, Appendix.
(sec.4
of Ord. dated 3/9/84).
2-170
Clerical personnel.
The Mayor
may appoint, subject to applicable law and ordinance, a secretary to
assist
in civil defense matters. The duties of the secretary shall be those duties
prescribed
by the co-directors, with the approval of the Mayor, and such other
duties
as the co-directors and the Mayor may require. (sec.5 of Ord. dated 3/9/84).
2-171
Maintenance and operation of service.
A.
Effective July, 1976, the responsibility of maintenance and operation of the
ambulance
service is transferred from the police department to the fire
department.
B. The
operation of the ambulance department shall be for emergency transport
only;
the transport shall be to the nearest full-service hospital. (Prior Ch. 11
sec.21).
2-172
Authority of fire department.
The
emergency rescue vehicle/ambulance shall be in the charge of the fire
department.
In case of emergency, requiring immediate medical care, the fire chief
or his
designee shall direct control and make such vehicle available for the
transportation
of sick, injured or disabled persons. (Prior Ch. 11 sec.21-2(1)).
2-173
Limits of service.
A.
Transportation shall be provided in cases of emergency only to the nearest
fullservice
hospital
or to a hospital designated by an emergency room physician.
2-72
2-174
Rates of service.
2(3);
new Ord. dated 5/18/88) (Amended 9/6/94)
2-175
Responsibility of fire department--Procedures.
B.
Transportation shall be provided only within the City of Woburn boundaries,
notwithstanding
reciprocal agreements with any other cities or towns. The
ambulance
service shall provide emergency medical care and transportation to
any
person requesting it regardless of their ability to pay. (Prior Ch. 11 sec.21-
2(2)).
(Amended 9/6/94)
A. The
following fees shall be charged for all persons transported to a hospital by
the
City ambulance service:
1. Base
fee charge ...................$200.00
2.
Oxygen fee...........................$ 35.00
3.
Mileage fee...........................$ 9.00/loaded mile.
4.
Defibrillation fee ...................$ 75.00
5.
Extraction fee .......................$250.00
Such
fees shall be charged for one-way transportation only. (Prior Ch. 11 sec.21-
A. It
shall be the responsibility of the fire chief or his designee to obtain all
information
necessary for the proper processing of each transport service call
charge.
B. The
following procedure shall be adopted for the maintenance of such records:
1. For
each trip of the ambulance, the operator(s) of the ambulance shall be
responsible
for making a record on a call sheet containing, but not restricted
to, the
following information: Trip number; Date; Patient's name age and sex;
Time of
call received; Time of arrival at scene; Time of transport; Time of
arrival
at hospital; Name of doctor attending; Medicare number; Welfare
number
Category, City--if any Driver Attendants First aid administered;
Mileage
Hospital Time; secured Insurance company Number.
2. If
the information is not immediately available, it shall be the duty of the fire
department
clerk to obtain the information within forty-eight hours of the
ambulance
transport service.
3. The
original of the permanent record card shall be retained by the fire
department
and shall become a permanent part of their records.
4. A
duplicate copy shall be forwarded daily to the office of the collector. The
duplicate
copy shall be referred to as the "ambulance report." (Prior Ch. 11
sec.21-2(4)).
(Amended 9/6/94)
2-73
2-176
Billing--Responsibilities, procedures and abatements.
2-177
City-owned Vehicles.
A.
Responsibility. The office of the fire department shall be responsible for the
processing,
mailing and record keeping.
B.
Procedures. 1. All bills shall be processed daily upon receipt of the ambulance
report.
2. A copy of the bill shall be retained by the office of the collector to be a
part of
the permanent records. 3. All bills shall be due and payable
immediately
and shall read: City of Woburn-Ambulance. 4. Bills shall be
payable
at the office of the tax collector. 5. All moneys collected shall be
deposited
into the account "Receipts reserved for appropriation - Ambulance."
6.
Waiver or abatement of charges shall be made by a special committee
including
the auditor, collector and fire chief, to meet on a monthly basis at a
time
prescribed by the committee. 7. Medicare and Medicaid charges shall be
billed
directly to the office of the fire department. 8. It shall be the duty of the
fire
department to apply for the provider number for the billing of Medicare and
Medicaid.
9. The fire chief shall designate and appoint a representative or
representatives
to visit each elderly housing complex and explain this
legislation
to them, to let them know that there is an abatement feature to the
ordinance
codified in this section, if payment cannot be made. (Prior Ch. 11
sec.21-2(5)).
C.
Review Committee. A committee consisting of the Auditor, Collector of Taxes
and
Fire chief shall meet monthly on outstanding bills and collections. (Prior
Ch.11,
sec.21-2(10)).
A. All
motor vehicles owned by the City of Woburn, including vehicles assigned to
all
Department Heads and to the Mayor, shall be lettered with the words "City
of
Woburn"
or simply "Woburn", and shall include the department to which the
vehicle
is assigned. The lettering on vehicles assigned to department heads
shall
include the department head's job title, instead of the department to which
the
vehicle is assigned. The lettering is to be no smaller than two-and-one-half
inches
in height and is to be placed on both front doors. Vehicles for the police
and
fire departments used for undercover or for unmarked purposes are exempt
from
paragraph A., above. The vehicle assigned to the fire chief is not exempt
from
paragraph A. A list of all vehicles used for undercover or unmarked
purposes
shall be provided to the Mayor and City Council by the police and fire
chiefs.
The list shall include license plate numbers.
2-74
2-178
Employee Use of Personal Vehicles in the Conduct of Official City Business.
B. When
newly purchased vehicles are put into service, excluding those of the
police
and fire departments and department heads, they shall be painted
orange.
All police vehicles shall be painted blue and white or blue and gray or
white,
with the chief's car being blue. All fire vehicles shall be painted red and
white
or red, with the chief's car being red. All other vehicles assigned to
department
heads shall be painted blue or white. Vehicles assigned to the
police
department that are used for under-cover or unmarked purposes are
exempt
from paragraph B.
C. At
the end of every calendar year, each member of the City Council shall
receive
a list of all city-owned vehicles in service; with make, model, VIN
number,
year, mileage and color to ensure compliance.
D. The
Mayor shall receive on at least a weekly basis, a separate written account
of the
total number of gallons of gasoline used by each city-owned vehicle.
Each
member of the City Council shall receive on at least a monthly basis, a
separate
written account of the total number of gallons of gasoline used by each
city-owned
vehicle.
E. With
the approval of the Mayor, designated personnel who are assigned cityowned
vehicles
may park their vehicles at their place of residence, at the end of
each
work day, provided that the place of residence is within 15 miles of the
City
limits. The Mayor shall provide each member of the City Council with a
copy of
the approved list, including reasons for approval. All other city-owned
vehicles
shall be parked in city-owned parking lots at the end of each day.
F.
Personnel who are assigned City-owned vehicles shall only have the use of
such
vehicles while on official City business. Under no circumstances shall a
City-owned
vehicle be used for personal or private uses, unless the individual
who is
assigned said vehicle is on official City business. No city-owned vehicle
shall
be taken on vacation by any person. City-owned vehicles shall not leave
the
City of Woburn except for the conduct of official business of the person
assigned
said vehicle. City-owned vehicles shall be operated only by those
individuals
assigned said vehicles, or other designated employees, in the
carrying
out of their official duties.
G.
Misuse of a City-owned vehicle or any violation of this ordinance by any
employee
of the City of Woburn shall be just cause for discipline up to and
including
dismissal of said employee.(Ords. 02/20/87; 03/07/91; prior Ch.1
sec.8;
Ch. 16 sec.21).
A. Any
City employee assigned a City-owned vehicle shall only have the use of
2-75
that
vehicle while on official City business and shall not use their personal
vehicle
for any use in the conduct of their City employment unless such
assigned
City vehicle is temporarily inoperable and the City employee must use
their
personal vehicle for travel in order to conduct official City business. Such
use
must have the written approval of the employee's Appointing
Authority/Department
Head.
B. Any
City employee not assigned a City vehicle may not use their personal
vehicle
for any use other than pre-approved travel in order to conduct official
City
business. Such use must have the written approval of the employee's
Appointing
Authority/Department Head.
C. The
City of Woburn shall not be liable for any damage to the personal vehicle of
any
City employee used in violation of this Ordinance. If an employee uses their
personal
vehicle as part of an emergency situation such use shall not constitute
a
violation of this ordinance.
D. The
only circumstance for which a City employee can be monetarily reimbursed
for use
of their personal vehicle in the official conduct of City business shall be
for
travel purposes. (added by Ord. dated 04/08/91).
2-179
Salaries of Mayor, members of City Council, officers and employees.
The
officers and employees while in the service of the City shall receive yearly as
established
by statute, ordinance or contract, and at the same rate for any portion
of a
year, which shall, unless otherwise specifically provided by ordinance be in
full
for all
services which the officers are authorized or required by statute or ordinance
or
contract to perform, and shall be subject to the deduction of any and all sums
due the
City from the officers entitled thereto. (Prior Ch. 15 sec.1).
2-180
Base salaries.
Base
salaries for City employees and officers shall be as designated in this
section:
Department
Head salaries shall be set in accordance with the provisions of the
Department
Head Compensation Plan submitted to the City Council on July 31,
2001.
Department Head positions will be evaluated and placed into an appropriate
band
with other similar positions, and the salaries will be set to move to the
Target
Rate
for each band over a period of time. The following salaries will reflect the
annual
implementation of the provisions of the Department Head Compensation
Plan
for Department Head employees. The salaries for other full-time employees
will be
set in accordance with the collective bargaining agreements and for non-
2-76
union,
non-Department Head employees in accordance with the settlement of the
Collective
Bargaining Agreement for the City Hall Workers Union.
Aging,
Local board of--Secretary of-- ........................... $ 5,558.42
Aging,
Director of Council on ....................................... $54,885.00
Appeals,
Board of...........Members (5) ......................... $ 4,000.00
Appeals,
Board of………Alternate (1)………………….$ 2,000.00
Secretary..........................................
$ 4,451.22
Assessors------Chairman..............................................
$ 7,800.00
Secretary
to Board ........................................ $ 7,500.00
Board
Member ............................................. $ 7,200.00
Chief
Appraiser/Dept.Mgr..............................$89,250.00
Senior
Appraiser/Ass't Assessor ................... $55,663.26
Office
Supervisor/Assessm't Anal ................. $26,000.00
Department
Systems Manager ..................... $49,752.45
Appraiser/Ass't
Assessor .............................. $49,752.45
Building
Commissioner ................................................$69,790.00
Local
Inspectors (2) ................................................. $25,642.47
Electrical
Inspector...................................................$25,642.47
Plumbing
Gas Inspector..........................................$25,642.47
Cemetery
Superintendent ............................................$30,341.33
Cemetery
Commissioners (5) ...................................... $ 2,000.00
City
Auditor ..................................................................
$69,790.00
City
Clerk
.....................................................................$58,127.60
Assistant
City Clerk.................................................. $22,391.69
City
Council--------Members (8) .................................... $ 9,000.00
President
(1).............................................$ 10,000.00
Clerk
of..................................................... $ 8,176.20
City
Engineer ...............................................................
$72,335.00
(Added
4/6/93 and Amended 7/4/95)
Sr.
Engineering Aide ................................................ $35,000.00
(Added
Civil
Defense—Secretary............................................. $22,391.69
Clerk
of Committees ....................................................$10,532.31
and
Secretary to the Board of Appeals, License Commission
and
Council on Aging
Collector
of Taxes (City collector) (See Treasurer) ...... $ 0.00
Deputy
Collector ..................................................... $45,000.00
Conservation—Administrator
....................................... $48,295.00
Members,
per year, each member (7)..................... $ 3,000.00
Senior
Clerk ............................................................$17,254.88
Dispatchers--Police
Head
(1).....................................................................$21,354.34
Regular
(4) each ........................................................$19,413.38
2-77
Dispatchers--Fire
Regular
(4), each .......................................................$19,413.38
Dog
Officer...................................................................$18,714.21
Board
of Health—Chairman......................................... $ 5,000.00
Members
(2)............................................................ $ 4,500.00
Animal
Inspector .....................................................$ 5,718.27
School
Dentist......................................................... $ 4,761.65
Health
Agent ...........................................................$67,335.00
Health
Inspector......................................................$38,000.00
Code
Enforcement Officer ........................................... $27,783.00
Human
Resources Director.......................................... $69,095.00
Clerk.......................................................................$22,187.33
Library
--
Director
...................................................................$68,670.00
Assistant
Director....................................................$51,379.62
Cataloguer
..............................................................$24,888.94
Reference
............................................................... $24,888.94
Children's
................................................................ $24,888.94
Ass't
Ref/Ass't Cat ..................................................$23,152.50
Acquisitions.............................................................
$21,994.88
Assistant
(A)............................................................ $19,679.63
Assistant
(B)............................................................ $19,100.81
Assistant
(C) ........................................................... $19,100.81
Assistant
(D) ........................................................... $19,100.81
Assistant
(E)............................................................ $19,100.81
Archivist
(one) .........................................................$36,765.00 -
$43,180.00
Assistant
Cataloguer (one)...................................... $32,495.00 - $38,330.00
Bookkeeper,
part-time (one) .................................. $15.00 - $17.00 per hour
Part-Time:
General
Assistant (A), per hour............................... $ 8.40
General
Assistant (B), per hour............................... $ 8.11
General
Assistant (C), per hour .............................. $ 7.81
General
Assistant (D), per hour .............................. $ 7.81
Archivist.............
per hour ....................................... $ 11.03
Custodian.............
per hour..................................... $ 8.32
Page..................
per hour ....................................... $ 5.51**
**See,
2-185, below.
Licensing
Commission--Members (3) .......................... $ 4,000.00
Secretary.................................................................
$ 3,400.73
Mayor...........................................................................$73,000.00
Secretary/Receptionist
...........................................$40,174.35
Administrative
Assistant to the Mayor ..................... $45,000.00
Nurse,
Public Health .................................................... $22,391.69
2-78
Parking
Clerk (part-time, 8.82 per hr)........................... $ 9,631.44
...........not
to exceed the stated amount*
Manager
– Information Systems ..................................$65,345.00
Planning
Board--
Director
...................................................................$67,000.00
Secretary
(Junior clerk) ...........................................$17,254.88
Members
(7)............................................................ $ 4,000.00
Grant
Writer/Coordinator ........................................$49,000.00
Public
Works--
Deputy
Superintendent .. (DELETED 5/21/96)........ $60,000.00
Field
Operations Mgr. of P.W. & Municipal
Buildings.......
(Added 5/21/96)................................$39,359.25
Administrative
Assistant ..........................................$23,942.68
Telephone
Operator................................................ $20,385.00
Computer
Operator .................................................$18,175.55
Purchasing
Agent......................................................... $63,550.00
Recreation--
Director
...................................................................$50,730.00
Members
(5)............................................................ $ 2,100.00
....."stipend"
for expenses.
Parks
Recreation Division--
Superintendent
of Parks Recreation
Maintenance
.................................................. $52,270.00
Working
foreman/truck driver .................................. $24,307.50
Police
Matrons….per hour ........................................... $ 12.17
Reserve
police officers, per hour ................................. $ 15.70
School
Committee--
Chairman
................................................................ $ 3,600.00
Members.................................................................
$ 3,000.00
School
Traffic Guards.............per hour ........................ $ 8.85
Sealer
of Weights and Measures.................................$14,574.23
City
Solicitor .................................................................
$72,410.00
Assistant
City Solicitor.............................................$49,710.40
Secretary/Paralegal
................................................$37,054.76
Tax
Title Custodian ...................................................... $ 50.00
Treasurer
.....................................................................$74,210.00
Assistant
City Treasurer..........................................$22,391.69
Veterans'
Director—Agent ...........................................$50,680.00
Voters,
Board of Registrars of
Members
(3)............................................................ $ 3,500.00
Clerk
of.................................................................... $
8,176.20
Machine
Custodians (2) .......................................... $ 2,505.88
Supervisor
of (1) ................................................ $ 3,194.79
Warden,
each election ............................................ $ 140.00
2-79
Clerk,
each election ................................................ $ 115.00
Inspectors,
each election ........................................ $ 70.00
The
police chief is to submit a monthly report of hours that the parking clerk
works to the
City
council. (Ord. dated 12/29/86 (part); two Ords. dated 4/12/86; Ord. dated
11/7/86; two
ords.
dated 10/24/86; Ord. dated 6/6/86; two ords. dated 5/14/86; Ords. dated 5/6/86;
4/18/86;
4/7/86; 2/10/86; two ords. dated 12/20/85; Ords. dated 9/20/85; 6/21/85 (part);
two
ords. dated 4/16/85; Ords. dated 4/15/85; 12/21/84; 12/6/84; two ords. dated
9/27/84;
two
ords. dated 8/20/84; Ord. dated 7/20/84; two ords. dated 6/21/84; Ord. dated
4/20/84
and
ord. dated 4/20/84 (part); Ord. dated 9/9/83 (part); prior Ch. 15 sec.1(A));
Ord. dated
3/12/87;
Ord. dated 06/16/87; Ord. dated 09/09/88; Ord. dated 03/31/88; Ords. dated
05/18/88,
06/10/88, 07/25/88, 06/16/87, 02/02/88; 08/19/88, 09/06/88, 09/09/88; Ord.
dated
11/18/88; Ords. dated 12/21/88; 3/21/89; 06/09/89; 7/21/89; 10/18/90; 11/26/90;
04/19/91;
8/15/95; 11/22/96 7/23/97; 1/6/98; 6/19/98; 6/26/98; 9/1/98; Human Resources
Director
salary amended 1/6/98 effective 12/8/97; amended 6/4/99; amended 9/30/99;
amended
6/6/2000; amended 8/16/1999; amended 8/24/2000; amended 8/24/2000;
amended
8/27/2001 effective 7/1/2001; amended 9/26/2001 effective 9/1/2001; amended
7/22/2002
effective 7/1/2002).
2-181
Police and fire chiefs--Compensation.
2-182
Acting police and acting fire chief--Compensation.
A.
Superintendent of Public Works - Base Salary $92,060.00. (amended 2/15/94;
1/6/98;
6/19/98; 6/6/2000; 8/27/2001 effective 7/1/2001; amended 7/22/2002
effective
7/1/2002).
B. The
police chief, the fire chief or the superintendent of public works, appointed
pursuant
to the ordinance codified in this section, shall be entitled to all benefits
granted
under existing ordinances. (Ord. dated 12/29/86 [part]; Ords. dated
4/7/86;
6/21/85 [part]; 12/21/84 [part]; 6/21/84 [part]; prior Ch. 15 sec.2(A)).
A. In
the absence of the duly appointed police chief or fire chief, each shall
respectively
designate, with the permission of the Mayor, the most competent to
assume
the office of the acting police chief, or acting fire chief.
B. The
person so designated, after holding the office for a period of seven days,
thereafter
shall receive compensation in an amount equal to the base of the
base
salary of the regular chief of police or the fire chief plus said designee's
own fringe
benefits.
C. The
acting chief of police or fire chief shall continue his own assigned duties in
addition
to the duties of the respective chiefs.
2-80
D. The
traffic sergeant shall receive additional compensation in the amount of one
thousand
six hundred dollars per annum. (Ords. dated 6/21/85 [part]; 5/24/85;
12/21/84
[part]; 6/21/84 [part]; prior Ch. 15 sec.2(B)).
2-183
Acting Building Commissioner--Compensation.
A. The
senior local inspector shall, in the absence of the Building Commissioner,
with
permission of the Mayor, assume the duties of the Acting Building
Commissioner.
B. The
Acting Building Commissioner shall receive compensation in an amount
equal
to his own base salary plus five dollars per day for each day he is so
designated,
and the use of the Building Commissioner's motor vehicle.
C. The
Acting Building Commissioner will also continue his or her own assigned
duties
in addition to the respective Building Commissioner. (Prior Ch. 15
sec.13).
2-184
Clerical salary schedules.
The
clerical salary schedules are established in the Collective Bargaining
Agreement
for the City Hall Workers Union for the following clerical positions and
for any
new clerical positions established in the Collective Bargaining Process:
Junior
Clerk
Senior
Clerk
Principal
Clerk
Head
Clerk
Secretary
Assistant
to Department Heads
Administrative
Assistant
(Prior
Ch. 15 sec.3; amended 8/27/2001 effective 7/1/2001).
2-185
Part-time employees--Salary increases.
The following
are salary increases for part-time employees, effective July 1, 1982:
Increase
20 Hrs. Weekly
Over
$4,000.00 annual salary $ 350.00 ......... 34 cents
$2,000.00
to $4,000.00 salary $ 250.00 ......... 24 cents
Under
$2,000.00 annual salary $ 200.00 ......... 19 cents
(Prior
Ch. 15 sec.4).
2-81
Library
Page Rate:
The
following are effective February 1, 1988:
Age
Starting 60 Days 120 Days
14-15
yrs old .......... $3.75 per hr. ...........$4.00 per hr. ...........$4.25 per
hr.
16 years
old ........... $4.50 per hr. ...........$4.75 per hr ............$5.00 per hr.
Over
the age of 18 would start at $5.00 per hr.
**After
120 days, pages would receive the same annual increase as other library
employees.
(Ord. dated 03/21/88; Prior Ch. XV, sec.4.)
2-186
Public works--Overtime pay.
A. Time
and one- half, after forty hours, shall be paid to the following: 1. Highway
foreman;
2. Water systems foreman; 3. Tree foreman; 4. Motor equipment
repair
foreman; 5. Chief electric water pumping station operator; 6. Cemetery
foreman;
7. Custodial workers; 8. City electrical and wire inspector. 9. Field
operations
manager of public works and municipal property overtime is to be
calculated
by dividing his annual base salary by 52 weeks, and further dividing
that by
40 hours in a week to determine an hourly rate which would be used for
overtime
compensation of time and one-half after 40 hours in one week. (Line 9
added
5/21/96)
B. Any
of those mentioned in subsection A of this section shall be paid for a
minimum
of at least four hours, if called in to work for such overtime. (Prior Ch.
15
sec.5).
2-187
Salaries for temporary help or employment.
A. 1.
All help employed by the department of public works to work temporarily,
from
April 1 to October 1, to fill in for employees on vacation or as replacements
for
injured employees or as temporary summer help or as emergency
employees
shall be paid at an hourly rate of two dollars and ninety cents per
hour.
2. Temporary supervisors of personnel shall receive four dollars per hour
and
they shall not exceed seven supervisors in number. 3. No temporary
employee
falling under the above-mentioned categories shall work overtime. 4.
No
person under seventeen years of age shall be employed by the department
of
public works under any circumstances.
B.
Notwithstanding the provisions of subsection A of this section, the following
provisions
are also applicable to this section: 1. Those employees hired from
June
1st to September 1st, except those with trade or special licenses shall get
two
dollars and ninety cents. 2. Under the jurisdiction of the superintendent of
public
works, rulings of extenuating circumstances relative to age for
employment
may be made. (Prior Ch. 15 sec.1).
2-82
2-188
Full-time salaried employees--Overtime.
(Prior
Ch. 15 sec. 7; Ord. dated 6/24/1987; Amended 8/27/2001 effective 7/1/2001)
2-189
Miscellaneous salary restrictions.
2-190
Sick leave, attendance records, vacation and other incentives.
The
following listed full-time employees of the City are considered by their
employer,
namely the City of Woburn, as salaried employees holding salaried
positions.
Non-union, salaried employees may temporarily adjust their hours with
the
approval of the Mayor to reflect the needs of the City as a result of an
excessive
amount of required hours within a time period.
A.
Department Heads.
B.
Non-union, non – Department Head employees.
C.
(reserved).
A. Any
officer or person temporarily holding or performing the duties of any office
by
authority of the Mayor or by any ordinance shall receive a salary at the rate
fixed
in this chapter for the office he holds.
B.
Every officer shall be allowed a reasonable compensation for expenses actually
incurred
in performing the duties of his office.
C. All
non-union employees, including full and part time, except department heads,
elected
officials and appointed members of commissions and boards, shall be
entitled
to the same rate of increase as is negotiated by union contract in City
Hall.
The increase shall take effect on July 1 of each fiscal year. (Ord. dated
6/19/86;
prior Ch. 15 sec.8). (Amended 2/15/94)
A. All
full time non union employees will be entitled to the Vacation Leave,
Bereavement
Leave, Personal Days and Education Incentive Benefits as
negotiated
in the City Hall Workers Union Contract.
Full-time
Department Head employees who are hired with related experience
will be
eligible after one year of employment with the City of Woburn for three
weeks
of vacation and after four years of employment with the City of Woburn
for a
total of four weeks of vacation and after fifteen years of employment with
the
City of Woburn for a total of five weeks of vacation per year. (amended
8/27/2001
effective 7/1/2001)
B. All
full time non union employees, except department heads, will be entitled to
the
Sick Leave, Accumulation of Sick Leave and Buy Back of Sick Leave as
2-83
2-191
Unused accumulated sick days--Payment.
negotiated
in the City Hall Workers Union Contract. The effective date as to
retirement
shall be on or after April 12, 1986. Excluded from the provisions of
this
ordinance are the Police and Fire Chiefs, at their request. ( Ord. dated
12/5/85;
Ord. dated 08/19/88).
C. The
City Engineer and Public Works Department full-time non-union employees
will
also be entitled to Education Incentive Benefits as negotiated for Water
Certification
Levels. (Ords. dated 04/14/90-8/9/94)
D.
Employees of the City of Woburn shall be eligible for
compensation
of unused Sick Days as follows:
1. All
union employees shall be treated in accordance with the provisions
for
sick leave, sick leave accumulation and sick leave buyback
negotiated
in their respective collective bargaining agreements.
2. All
full-time, non-union employees, Department Head and
non –
Department Head employees, will continue to earn sick leave of
one and
one-quarter days each month of full-time employment with the
City of
Woburn and may accumulate sick leave on an unlimited basis.
3.
Department Head and other full-time, non-union employees who were
employed
full-time by the City of Woburn on or before December 1, 1993
shall
be entitled to the sick leave buyback benefits based on Section 2-
191(A)(3)
of the 1989 Woburn Municipal Code.
4.
Department Head and non-Department Head employees, those
employed
full-time on or before or after December 31, 1993, will be
eligible
to buyback a maximum of fifty sick leave days at ˝ the rate of
pay and
any additional sick leave days at Ľ the rate of pay in effect at
the
time of a resignation, retirement or other non-disciplinary termination.
5.
Those non-union employees who were employed on or before December
31, 1993
shall be eligible for the buyback of sick leave outlined in
paragraph
#4, but only to the extent that it supplements the buyback for
which
they were “frozen” in 1993.
6.
Proof of the number of accumulated days is an approved record of sick
leave usage
and accumulation on file in the Human Resources
Department.
At the time of retirement, resignation or other nondisciplinary
termination
the employee must sign a copy of the record with
the
statement that it is a true and correct copy of the records and must
have
the signature notarized.
(Ord.
dated 1/19/1993 became effective 2/1/1993 without the signature of the
Mayor;
amended 8/27/2001 effective 7/1/2001)
A.
Compensation. All department heads, upon retirement, resignation or death (to
2-84
their
estate), shall be eligible for compensation for unused accumulative sick leave
on the
following
basis: 1. Department heads who have over one hundred days accumulated as of
January
1, 1986, shall be entitled to compensation for those days at the rate of pay
established
at the time the department head retires, resigns or dies. 2. Department heads
who
have not accumulated one hundred days as of January 1, 1986, shall be allowed
to
accumulate
to that amount, and be entitled to compensation for those days at the rate of
pay
established at the time the department head retires, resigns or dies. 3.
Department
heads
who accumulate days over the amounts established in subdivision 1 of this
subsection
or over the one hundred days in subdivision 2 of this subsection shall be
entitled
to compensation for those days at the rate of pay established when they were
earned.
4. Sick leave compensation shall be based upon a five-day work week. 5. Proof
of
attendance
record. Proof of the number of unused accumulative sick days shall be
furnished
by the employee to the City auditor. The proof record shall be a notarized
statement
of his or her record of unused sick days, days furnished by his or her
department
head. In the case of department heads themselves, the record of unused sick
days
must be approved by the Mayor and notarized. (Ords. dated 2/17/86; 08/19/88;
prior
Ch.15
sec.10).
2-192
Longevity benefits.
Effective
July 1, 2001 all City of Woburn Department Head and other full-time, non-union
employees
will be eligible for the following Longevity benefits.
1.
Employees currently receiving longevity on the basis of a “frozen
percentage”
will continue to receive the appropriate “frozen percentage”
calculated
against the base salary. If an individual employee has reached
an
additional five or more years of service beyond the number of years
indicated
by the “frozen percentage” based on three percent per five years
of
service, the employee will be entitled to $650.00 per each additional five
year
increment.
2.
Employees who are not receiving longevity as a result of not being eligible
for any
or part of the longevity when the percentages were frozen will
receive
the set dollar amount of $650.00 per five years of service, as follows:
Number
of Years of Service Longevity Amount
None
$
650.00
$1,300.00
$1,950.00
$2,600.00
0
through 4 years
5
through 9 years
10
through 14 years
15
through 19 years
20
through 25 years
2-85
26
through 29 years
30
through 35 years
$3,250.00
$3,900.00
(Ord.
amended 5/3/94; 8/27/2001 effective 7/1/2001)
2-193
Regular full-time employee work hours--Exceptions.
A. The
following shall be classified as regular full-time employees and shall work
daily
from nine a.m. until four thirty p.m. with the exception of Saturdays,
Sundays
and legal holidays, and with exceptions as provided in Section 2-6:
1. City
Appraisers, Systems Manager, Assessment Analyst.
2. City
Clerk.
3. City
Auditor.
4. City
Treasurer/Collector.
5.
Director of Human Resources.
6.
Building Commissioner.
7.
Local Inspectors
8.
Inspector of Wires.
9. City
Engineer.
10.
Health Agent
11.
Public Health Nurse.
12.
Plumbing and Gas Inspector.
13.
Purchasing Agent.
14.
Director of Recreation.
15.
Secretary/Paralegal to the City Solicitor.
16.
Assistant City Treasurer.
17.
Assistant City Clerk.
18.
Assistant Purchasing Agent.
19.
Mayor's Secretary and Receptionist.
20.
Veterans' Agent.
21. Telephone
Operator.
22.
Sealer of Weights and Measures.
23.
Assistant City Solicitor.
24.
Deputy Superintendent of Public Works. (Deleted 5/21/96)
25.
Administrative Assistant in Public Works.
26.
Computer operator.
27.
Director of the Planning Board (amended 11/20/90).
28.
Code Enforcement Inspector.
29.
Manager of Information Systems.
30.
Superintendent of Public Works.
31.
Conservation Director.
2-86
32. All
Junior clerks, Senior clerks, Principal clerks, Head clerks, Secretaries
and
Administrative Assistants as established by ordinance.
(amended
8/27/2001 effective 7/1/2001)
B.
Included in the ordinance codified in this chapter as regular, full-time City
employees,
but excluded from the same hours (as hours are regulated
separately)
are:
1.
Regular members of the police department, as established by ordinance,
including
the dog officer.
2.
Regular members of the fire department, as established by ordinance.
3.
Regular library employees.
4.
Regular public works employees as established by ordinance.
5.
(reserved)
6.
Secretary to the license commission, board of appeals, and Clerk of
committees.
The person holding these positions shall serve a minimum of
twenty
hours during the normal workweek and those hours in the evening
which
require the person's presence to serve such boards or commissions.
(Ord.
dated 4/20/84 [part]; Ord. dated 03/12/87, [part] deleting Investigator in
Veterans'
Department; Ord. dated 11/26/90; prior Ch. 16 sec.4; amended
8/27/2001
effective 7/1/2001).
2-194
Public works department personnel.
The
public works department shall consist of the following personnel:
A.
Administration Division (a total of nine persons): One superintendent of public
works;
One deputy superintendent of public works; One administrative
assistant
to the superintendent of public works; One head clerk; One principal
clerk;
One senior clerk/typist; One telephone operator; One junior clerk/typist;
One
computer operator. (amended 5/7/96; amended 11/27/2001)
B.
Engineering Division (DELETED 10/23/92)
C.
Public Building Maintenance and Service Division: This division shall consist
of
seven
employees including custodial workers.
D.
Water and Sewer Pumping Station Division: This division shall consist of eight
employees,
including water meter readers.
E.
Water Service and Maintenance Division. This division shall consist of nine
employees.
F. The
operations division shall consist of sixty-three employees, making a total in
the
public works department of one hundred one employees.
G. The
public works department shall have a complement of one hundred one
employees.
(Ords. dated 6/19/86; 6/21/85 2; 12/20/85 [part]; prior Ch. 16
sec.5).
H.
Deputy Superintendent of Public Works shall be appointed by the City Council
with a
recommendation of the Superintendent of Public Works and the Human
2-87
Resources
Director. This individual under direction of Superintendent of Public
Works:
Supervises on-going daily work activities of DPW including Water,
Sewer,
Highway, Public Buildings and Maintenance Divisions, assigning work
and
making on-site reviews. Organize, direct, control and monitor policies and
priorities
for the above referenced programs. Coordinate with other City
departments
and agencies, as necessary to ensure that the City’s priorities are
met and
work is completed as required. Administers labor contract and
oversees
personnel issues. Must be able to handle multiple projects, make
quick
and supportable decisions and supervise large groups to meet shifting
priorities.
Ability to consult with State officials relative to Chapter 90 funding
and
obtaining grants. Perform project management duties for various special
City
Projects. Job responsibilities include supervision of public safety efforts,
including
snow removal, water control, etc, and any other duties as delegated
by the
Superintendent of Public Works (added 5/7/96, amended 11/27/2001).
2-195
Clerical help for various departments.
The
below-named municipal offices shall have the following clerical help:
A.
Assessor's Office: One principal clerk, One senior clerk.
B.
Auditor's Office: One administrative assistant, One head clerk.
C.
Building Commissioner's Office: One Head Clerk, one Principal Clerk, One
Clerk-Stenographer.
D.
Cemetery: One Senior Clerk.
E. City
Clerk's Office: One Assistant City Clerk, One Senior Clerk, one Assistant
Supervisor
of Elections, Registration Census (Principal Clerk's level), One
Principal
Clerk.
F. Civil
Defense Office: One Secretary.
G.
Collector's Office: One Head Clerk, One Principal Clerk and Two Senior Clerks.
H.
Conservation: One Senior Clerk.
I. Data
Processing Department: One Junior Clerk.
J.
Engineer's Office: One Principal Clerk.
K. Fire
Department: One Secretary; One Senior Clerk.
L.
Health Department: One Junior Clerk.
M. Law
Department: One Secretary-Paralegal
N.
Planning Board: One Secretary (Junior Clerk level).
O.
Police Department: One Secretary, two Principal Clerks, One Junior Clerk.
P.
Public Works Department: One Administrative Assistant, One Head Clerk, One
Principal
Clerk, One Senior Clerk, One Relief Telephone Operator, Junior Clerk
Typist,
One Junior Clerk-Typist, One Computer Operator (at Senior Clerk's
salary
rate), Telephone Operator.
Q.
Purchasing Department: One Assistant Purchasing Agent, One Senior Clerk.
R.
Recreation Commission: One Senior Clerk.
S. City
Treasurer's Office: One Assistant Treasurer; One Secretary, One Senior
Clerk,
One Part-time Clerk (Ord. 12/20/90).
2-88
T.
Veterans' Benefit Department: One Principal Clerk.
U.
Personnel Department: One part-time clerk.
(Ords.
dated 06/09/89, 06/24/87, 03/03/87; 06/19/86; 12/24/86 [part]; 12/4/86;
8/16/85
[part]; 5/24/85: 7/20/84: 5/4/84; 4/20/84 [part]; 9/9/83; prior Ch. 16 sec.6);
3/9/90;
6/19/98.
2-196
Bond counsel--Special employee status.
The
position of bond counsel and any individual or firm employed as bond counsel
or to
any municipal agency thereof or thereunder shall be classified as a special
municipal
employees pursuant to Chapter 268A of the General Laws, to the extent
that
they are "municipal employees" under that law. Employment as bond
counsel
shall,
for the purpose of this code, include the rendering of advice, the drafting of
documents,
the rendering of an opinion approving the legality of bonds or notes
issued
by the City and the provisions of other legal services with respect to
financing
and the authorization and issuance of indebtedness. (Prior 16 sec.8).
2-197
Personnel.
There
shall be within the Recreation Department, a Parks Division, consisting of
seven
(7) full-time personnel: one (1) Superintendent of Parks Recreation
Maintenance,
one (1) Working Foreman/Truck Driver, one (1) Special Heavy Motor
Equipment
Operator/Laborer, and four (4) Laborers/Ground Maintenance and such
other
temporary or part-time help as appropriations and funds may allow.
(amended
2/4/97; amended 3/19/99; amended 12/20/2000)
2-198
Appointment, Supervision.
All
personnel within the Parks Division shall be appointed by the Recreation
Commission
and shall work under the general supervision, control and direction of
the
Recreation Commission.
2-199
Duties.
The
Parks Division shall have the primary responsibility for the upkeep, care and
maintenance
of the public parks, playgrounds, athletic fields, Commons and other
parks
and recreational areas, including the Horn Pond area.
2-200
Compensation.
The
four full-time personnel in the Parks Division shall be permanent employees
under
applicable Civil Service laws and rules. The Superintendent's salary and
2-89
other
benefits shall be set by ordinance or the Recreation Commission, and shall
not be
determined by any collective bargaining group or agreement. The position of
Superintendent
shall be managerial under the direction of the Commission. The
working
Foreman/truck driver, the special heavy equipment operator/Laborer and
the
Laborer/Ground Maintenance positions and employee benefits shall be covered
by the
collective bargaining unit and agreements as are in force from time to time.
Said
employees are solely responsible to the Parks Superintendent and the
Recreation
Commission. Temporary employees and summer help as may be hired
by the
Commission for the Parks Division shall receive hourly compensation and
benefits
as may be set by ordinance and the Recreation Commission they shall
work
under the direct supervision of the Parks Superintendent. (Ord. dated
05/26/87;
Prior Ch. 9-C, sec. 10 a) and b); amended 2/4/97).
2-201
Department personnel--Appointments.
A.
There shall be a purchasing department consisting of a purchasing agent, an
assistant
purchasing agent and one senior Clerk for the City, subject to the
provisions
of the City Charter and Massachusetts General Laws. Normal steps
in
progression of grade will be taken.
B. The
purchasing agent, and one assistant purchasing agent necessary for the
proper
performance of the functions of this office, shall be appointed by the
mayor.
C.
Pursuant to the provisions of G.L. C. 41, Sec. 103, the respective terms of
office
of the
Purchasing Agent and Assistant Purchasing Agent are hereby
established
as being year to year without limit after appointment, subject to
removal
only for just cause by the Mayor; for purposes of this section, the term
"JUST
CAUSE":shall have the same meaning as in G.L. 31, and court decisions
construing
it. (Ord. dated 8/16/85 [part]; Prior Ch. 21 sec.1). Ord. amended
7/20/93.
2-202
Membership.
As
required by Chapter 87 of the 1918 Special Acts and Resolves of
Massachusetts
there shall be a board of health consisting of three members, one of
whom
shall be a physician practicing in the city. The members shall be appointed
by the
mayor annually as provided for in said chapter and consistent with
Massachusetts
General Laws Chapter 111, Section 26 insofar as said section is
applicable.
(Prior Ch. 12 sec.1).
2-90
2-203
Annual organization and naming of officers, agents and assistants.
The
board of health shall organize annually in accordance with the provisions of
Massachusetts
General Laws Chapter 111, Section 27, and name the necessary
officers,
agents and assistants subject to civil service regulations to perform its
duties.
(Prior Ch. 12 sec.3; see other appointments under TITLE 8 of this Code).
2-204
Appointment of clerks.
A. The
board of health shall appoint clerks whose names shall be selected from a
civil
service list and who shall perform the clerical work in the office of the board
and
such duties as the board may prescribe. Said clerks shall be removable
only by
the board and in the manner provided for in Massachusetts General
Laws
Chapter 31, Section 43 and 54 as amended. The salaries of said clerks
shall
be determined by ordinance and civil service regulations.
B. The
office of the board of health shall consist of one Senior Clerk. (Amended
11/16/93)
2-205
Health Agent and Inspectors.
The
Board of Health shall have one (1) Health Agent, one (1) Health Inspector, and
one (1)
Code enforcement Inspector; both to have suitable professional credentials
or
experience as may be required by the Board and by State law or regulation.
(Prior
Ch. 12 sec.10; Ord. date 06/24/87; amended 8/24/2000).
CITIZENS
2-206
Establishment.
There
is hereby established under the provision of Massachusetts General Laws,
Chapter
40, Section 8J, a Commission for Handicapped and Disabled Citizens,
hereinafter
called the Commission.
2-207
Purpose.
The
Commission shall have as its primary purpose the responsibility for seeing that
the
terms of applicable State and Federal Laws and Regulations regarding all
handicapped
and disability issues are monitored and enforced in the City of
Woburn.
The commission shall study the needs of all handicapped and disabled
citizens
in the City in relation to housing, public accessibility, transportation,
2-91
2-208
Membership; Vacancies; Officers.
employment,
education, health, recreation and all other relevant matters. The
Commission
shall work in conjunction with all City Departments and Agencies to
assist
public and private enterprises in complying with applicable Laws and
Regulations
concerning the handicapped and disabled.
The
Commission shall assure that no otherwise qualified individual with a handicap
or
disability shall, solely by reason of his or her handicap or disability, be
excluded
from
participation in the benefits of, or otherwise be subjected to discrimination
under
any program or activity within the City of Woburn.
The
Commission shall hear complaints from citizens regarding the nonenforcement
of all
relevant Federal and State Laws and Regulations. The
Commission
shall make appropriate recommendations to the Mayor, City Council
or
other City Administrators.
The
Commission shall foster a program of public awareness and information in
regard
to the rights of all handicapped and disabled citizens.
The
Commission shall consist of not more than eleven (11) members and not less
than
seven (7) members who shall be appointed by the Mayor. One member shall
be
either an elected or appointed official of the City of Woburn. Commission
members
shall serve without compensation and shall initially be appointed in the
following
manner: 1. Three members shall serve for a one year term. 2. Four
members
shall serve for a two year term. 3. Four members shall serve for a three
year
term. (Above paragraph amended 5/21/93).
After
the initial terms, all Commission members shall be appointed for a term of
three
years. In the event of death or resignation of any member, a successor shall
be appointed
to serve the unexpired term by the mayor, subject to confirmation by
the
City Council.
The
Commission shall annually elect a chairperson, vice-chairperson, secretary
and
treasurer. A majority of the Commission shall constitute a quorum in the
exercise
of any of the Commission's powers and duties. The Commission shall
establish
by-laws which designate such rules, practices and regulations as it
deems
necessary to effectuate the purposes and provisions of the Ordinance.
The
Commission may raise and receive funds, bequests and gifts of property, both
real
and personal, public and private, in the name of the City, subject to the
approval
of the City Council. Any such funds shall be deposited in a separate fund
or
account and shall be designated as the "Woburn Commission for Handicapped
and
Disabled Citizens Fund", such fund shall be reviewed on an annual basis by
2-92
2-209
Definition of a Person with a Handicap or Disability.
2-210
Powers and Duties
the
City Auditor. Any expenditure of funds shall be made in accordance with the
law,
policies, and ordinances of the City of Woburn. Any expenditures of funds
shall
be subject to the approval of the majority vote of the Commission members.
Management
and control of such funds and gifts is hereby vested in said
Commission.
For the
purposes of this Ordinance, a person with a handicap or disability shall be
defined
as any person who: (1) has a physical or mental impairment which
substantially
limits one or more major life activities; (2) has a record of such
impairment;
or (3) is regarded as having such impairments by the Commission.
The
powers and duties of the Commission shall include the following:
b. To
design and implement programs that promote equality for all handicapped
c. To
review and evaluate recommendations and policies of all City Departments
a. To
seek equal status for the handicapped and disabled in education,
employment,
economic, political, health, legal and social spheres.
and
disabled citizens in the City.
and
Agencies in order to more appropriately reflect the needs of the
handicapped
and disabled.
d. To
initiate, coordinate and monitor the enactment of Legislation which
promotes
equal status of the handicapped and disabled on the City, State and
Federal
levels.
e. To
obtain from all City Departments and Agencies any and all information
necessary
to carry out the functions, purposes, programs and activities of the
Commission.
f. To
participate in an advisory capacity and make recommendations in the
hearing
of complaints brought alleging discrimination against the handicapped
and
disabled.
g. To
assist in public awareness of the handicapped and disabled through
participation
in public and media events sponsored by the Administrative
h. To
be an active and participating member of appropriate organizations dealing
i. To
acquire, analyze, use and store handicapped related statistics and related
j. Such
other powers as may be agreed on by the Mayor and City Council. (Ord.
and/or
Legislative bodies of the City, including, but not limited to Citysponsored
recreational,
educational and development activities.
with
issues affecting the handicapped and disabled.
materials
in an accessible location.
dated
12/3/91).
2-93
NEIGHBORHOOD
ZONING DISTRICTS (numbered as passed)
2-206
Purpose for Sign Review Board
To
regulate the use and design standards of signs in the Downtown Business (BD)
and
Business Neighborhood (B-N) zoning district.
2-207
Membership
The
Sign Review Board shall be composed of five (5) members, three (3)
members
shall be residents of the City of Woburn and two (2) members shall be
members
of the downtown business community, appointed by the Mayor and
confirmed
by a majority vote of the City Council to serve for a term of five (5)
years.
At least two (2) members of said Board shall be representatives of the
downtown
business community of the City. In addition, a resident of the City of
Woburn
shall be appointed by the Mayor and confirmed by the City Council for a
two (2)
year term to serve as an associate member of the Sign Review Board.
The
associate shall sit in place of any member incapacitated by personal
interest,
illness or absence. All members of the SRB shall serve on a volunteer
basis.
2-208
Annual organization, naming of officers and adoption of rules and regulations
Within
seven (7) days after the appointment, confirmation and swearing in of the
initial
Board, the Board shall meet and elect one (1) of its members as Chairman,
a
Vice-Chairman, and a Secretary. Within thirty (30) days of the foregoing action
the
Board shall promulgate rules and regulations for the conduct of its business.
Such rules
and regulations shall be made available in printed form through the
Department
of Inspection Service of the City of Woburn.
(Ordinance
added 7/15/97)
There
is established in the government of the City a department to be known as,
"Engineering
Department" with following new Sections:
2-211
City Engineer - Qualifications
The
Engineering Department shall be under the charge of the City Engineer who
shall
be a
registered
Civil Engineer/Land Surveyor in Massachusetts with a minimum of five
2-94
(5)
years experience in municipal engineering projects. The City Engineer shall be
appointed
by the City Council.
2-212
Duties and Responsibilities
Supervises
operations of the Engineering Department - performs professional
engineering
work in the areas of water, wastewater, storm water, roads and other
Civil
engineering projects. Provides support to other departments, boards,
commissions
and officials, including the City Council or any Committee thereof, in
all
matters pertaining to engineering.
2-213
Personnel and Professional Assistance
The
City Engineer may appoint one (l) Head Clerk, one (1) Junior Engineering
Aide,
one (l) Senior Engineering Aids, and one (1) Assistant Civil Engineer.
(Amended
11/16/93)
(Ord.
approved 10/23/92)
There
is established in the government of the City a Biomedical Oversight
Committee
with the following new Sections:
2-214
Purpose
The
purpose of this ordinance shall be the establishment of the Biomedical
Oversight
Committee which will be responsible for issuing permits to Biomedical
Facilities
located in the City of Woburn. It shall further be the responsibility of this
committee
to review the activity of these facilities and assure that they are in
compliance
with this ordinance and all other state and federal laws. For the
purpose
of adopting this ordinance, the additional guidelines are adopted:
A. The
National Institution of Health (NIH) guidelines and any additional
amendments
subsequent to this ordinance.
B.
Biosafety and Micro biological and Biomedical Laboratories as published by the
U.S.
Department of Health and Human Services.
C. NIH
Guidelines for the care and use of laboratory animals.
2-215 -
Definitions
BIOMEDICAL
FACILITY - Any facility or research laboratory engaged in the use of
Recombinant
DNA, live animals for testing, the use of potentially infectious cell
lines,
and infectious material.
2-95
FACILITY
REPRESENTATIVE - Each Biomedical facility will appoint one
employee
of the facility to act as a company representative to the BOC. This
person
shall be the same individual who is designated as the institution's Safety
Officer.
RECOMBINANT
DNA - RDNA molecules and organisms and viruses containing
RDNA
are those defined in the NIH Guidelines promulgated in the Federal
Register
on May 7, 1986 and any subsequent federal amendments.
2-216 -
Institutional Biosafety Committee (IBC)
Each
institution will establish an Institutional Biosafety Committee in accordance
with
the criterion set in Section IV-B-2 of the NIH Guidelines for Research
Involving
RDNA molecules. In addition, one member of this committee must be
from
the City of Woburn or a surrounding community and be appointed by the
BOC.
2-217 -
Biomedical Oversight Committee
A
Biomedical facilities are required to apply and receive a permit from the
Biomedical
Oversight Committee (BOC). This Committee will consist of five
members:
1. A
member from the Board of Health or director, appointed by the Board of
Health.
2. A
member from the Planning Board or director, appointed by the Planning
Board.
3.
Three citizens of the City of Woburn, appointed by the City Council, at least
two of
whom are well versed in the area Recombinant DNA and the federal
regulations
that apply to it.
4. A
clerk, appointed by the City Council.
B. All
members and the clerk of this committee shall have the same
compensation.
Compensation shall be set by ordinance. The first appointees
to this
committee will serve the following terms: Board of Health appointment, 2
years.
Planning Board appointment, 1 year. City Council appointments, one for
one
year, one for two years and one for three years. All following appointments
will be
for a term of three years.
C. All
meeting dates shall be set by the BOC at a consistent day of the month. All
meetings
shall be subject to the Open Meeting Laws of the Commonwealth of
Massachusetts.
2-96
2-218 -
Duties
The responsibilities
of the BOC shall include:
A.
Establishing policies, procedures and criteria to aid in the implementation of
this
ordinance.
B.
Determining the manner in which permit holders make reports or applications
to the
BOC and the type of information required in such reports or
applications.
Reviewing reports applications and recommendations by the
facility
representative and approving them where appropriate. Carrying out
site
visits to permitted facilities.
C.
Reviewing manuals and worker training programs, approving health-safety
programs
and monitoring the procedures required by this ordinance.
D.
Developing a procedure for persons to report to the BOC violations of this
ordinance,
the guidelines or any health regulations.
2-219 -
Permit Requirements
A. All
persons proposing to establish a Biomedical facility must obtain a permit
from
the BOC. Permits shall, at a minimum, include written agreement to:
1.
Follow the guidelines as defined in this ordinance.
2.
Follow other conditions set forth in this ordinance.
3.
Allow reasonable inspections of facilities and pertinent records by the BOC
or the
Board of Health.
4.
Demonstrate the establishment of a comprehensive safety procedure and an
emergency
contingency plan relevant to the use of Biomedical Technology
at all
levels of containment in use at the facility, and a program for waste
disposal
in compliance with all applicable federal, state and local laws. This
procedure
shall be submitted to the BOC for review.
5.
Establish a training program of safeguards and procedures for all personnel.
B.
Permits shall be issued and renewed on an annual basis. The annual fee shall
be set
at $250.00. If the Committee wishes to set a new fee structure, it shall
be subject
to the approval of the City Council. All Biomedical facilities in
existence
before this ordinance was accepted shall be required to apply for a
permit
and comply with this ordinance within 365 days.
C. The
BOC shall reserve the right to refuse a permit to any individual or any firm
whose
presence in the City is deemed not to be in compliance with this
ordinance
in the best interest of the health and safety of the city by the BOC.
2-97
2-220
Reports
The
applicant shall present a report which will outline their compliance to state
and
federal
laws and the guidelines of this ordinance. Each holder of a permit shall file
annual
update reports with the BOC at the time of renewal. The requirement of this
report
shall be set by the committee and given to the petitioner at the time an
application
is requested. Copies of building depatment and fire department
certifications
will be forwarded to the BOC for review.
2-221
Restrictions
A. Any
use requiring containment defined as "BL3" and "BL4" by the
NIH
Guidelines
promulgated in the Federal Register on May 7, 1986 and any
subsequent
federal amendments shall not be permitted in the City of Woburn.
B. Any
accidental release which represents a potential hazard to employees or the
public
shall be reported to the Board of Health, the police department, the fire
department
and the BOC immediately, and in no case more than twenty-four
hours
after the release.
2-222
Violation-Notification
The
permit holder shall report, within thirty days, any problems with or violations
of
this
ordinance or any state and federal regulation. Any accidents or illnesses
involving
individuals involved in activities regulated by the BOC shall be reported to
the BOC
within thirty days.
2-223
Enforcement
The
enforcement of this ordinance shall be interpreted by the BOC and carried out
by the
Board of Health, who shall undertake the enforcement themselves or report
the
violation to the appropriate state or federal agencies, who will initiate their
own
enforcement
procedures.
A. Any
person who violates the provisions of this ordinance shall be subject to a
fine of
three hundred dollars per violation. Each day of the violation shall
constitute
a separate and distinct offense.
B. Once
a permit has been issued, it may be revoked, suspended, or modified by
the BOC
after due notice and hearing that the permit holder has materially failed
to
comply with this ordinance or the permit agreements. Appropriate state and
federal
offices shall be notified of this action.
2-98
C.
Notwithstanding the above, the Board of Health Director, upon determination of
the BOC
that any violation constitutes an immediate and severe threat to the
public
health and safety, may order the immediate closure of any premises
engaging
in or contributing to such threat, without prior notice and hearing but
with
subsequent notice and hearing. Appropriate state and federal offices shall
be
notified of this action.
(Ord.
added 9/19/94) (Amended 5/2/95)
2-217
School Committee Members
A
member of the School Committee shall be considered a special municipal employee
under
Massachusetts General Laws Chapter 268A. (Ord. added 4/10/98)
2-218
Human Rights Commission Members
A
member of the Human Rights Commission shall be considered a special municipal
employee
under Massachusetts General Laws Chapter 268A. (added 11/30/2000)
2-218A
Cemetery Commission Members
A
member of the Cemetery Commission shall be considered a special municipal
employee
under the Massachusetts General Laws Chapter 268A. (added 6/18/2003).
2-219
Establishment of the Human Rights Commission; mission, membership, terms
1.
There is hereby established a municipal board to be known as the Human
Rights
Commission in the City of Woburn (hereinafter known as the
Commission).
The Commission shall consist of 11 members appointed by the
Mayor
and approved by the City Council for a term of 3 years. Of the
members
first appointed to the Commission, four shall be appointed for terms
of one
year, four for terms of two years and three for the term of three years.
Upon
the expiration of the term of any such member his successor shall be
appointed
for a term of three years. The members of the Commission shall be
citizens
of the City of Woburn or employees working in the City of Woburn and
shall,
so far as practicable, be so selected as to provide representation from,
but not
limited to, the fields of religion, education, behavioral sciences,
medicine
industry, law, commerce and labor.
2-99
2.
Chief of Police; Patrolman from Community Policing Unit; City Human
Resource
Director; Director of the Council on Aging or his/her member
designee
from the Council on Aging; Member Handicapped Commission;
Executive
Director, Housing Authority; Superintendent of Schools (or
designee);
Woburn High School Student Member of Gay-Straight Alliance
appointed
by the Superintendent of Schools; Local Clergy Member; a member
of the
Council on Social Concern; Local Real Estate Agent.
3. The
Commission members shall be Special Municipal Employees of the City
of
Woburn under Commonwealth of Massachusetts General Law Chapter
268A,
Section 20.
2-220
Purpose
The
City of Woburn Human Rights Commission shall work toward mutual respect
and
understanding among all individuals and groups in the city through education,
improving
the quality of public disclosure and helping to eliminate unlawful
discrimination.
To assure that each person shall have equal access to and benefit
from
all public services and licensing; to protect each person in the enjoyment of
his/her
civil rights; and to encourage and bring about mutual understanding and
respect
among all persons in the City of Woburn by the elimination of unlawful
discrimination
2-221
Function and Role of the Commission.
1. The
members of the Commission shall serve without compensation. The
Commission
shall elect one of its members as chairperson, one as secretary
and may
elect other officers, as it deems necessary. The commission will
adopt
its own set of bylaws; in accordance and in compliance with City of
Woburn
ordinances. The commission shall meet at least 6 times per calendar
year at
regular intervals. The general public, Mayor and all Commission
members
shall be given notice of said meetings. Meetings shall be conducted
in
accordance with Commonwealth of Massachusetts open meeting law and
Robert’s
Rules of Parliamentary Order.
2. The
first function of the Commission shall be to improve the life of the city by
enlisting
community based groups in educational programs and campaigns to
increase
mutual self-respect, harmonious inter-group relations, and the
peaceful
enjoyment of life in the City of Woburn.
3. The
second function of the commission shall be to respond to complaints by
persons
in the city who believe that their human or civil rights, as defined by
existing
local, state and federal law have been violated in the City of Woburn.
2-100
4. The
third function of the Commission shall be to initiate investigations into
circumstances,
which appear to the commission to unlawfully discriminate any
of the
people of the City of Woburn. This in accordance with the powers and
duties
Section 2-201.
5. The
fourth function of the Commission shall be to work with the municipal
government
departments, the school department, other commissions and
boards,
to increase compliance with appropriate local, state and federal laws
and to
raise the level of awareness and sensitivity to human rights issues in
municipal
business with the public through training programs and seminars.
6. The
fifth function of the Commission shall be to act as advisory to the Mayor of
the
City of Woburn on any and all issues pertaining to human and/or civil rights.
2-222
Powers and duties:
1. The
powers and duties of the commission shall include the following:
a. To
obtain information and documents, request support and other help as
necessary
from other city departments.
b. To
publish reports and other documents.
c. To
initiate investigations into the existence of unlawful discrimination in the
city
which may deny or tend to deny equal access or opportunity in matters
of
housing, employment, education, contracts, purchasing or public
accommodations,
on the basis of age, ancestry, citizenship, color, disability,
economic
status, ethnicity, family/marital status, gender, military status,
national
origin, race, religion, sexual orientation, or political affiliation; and in
connection
therewith to hold administrative hearings; per the following:
i. In
order to conduct its investigations the commission shall have the
power
to: Summons witnesses (pursuant to M.G.L. c. 233, S 8-11);
administer
oaths; serve written interrogatories; take testimony under
oath;
require the production of evidence; publish findings; insert
complaints
and resolutions into municipal personnel files; consistent with
the
numerous collective bargaining agreements; recommend actions to
the
Mayor.
d. To
attempt by mediation to resolve all complaints that come before it and
recommend
to all appropriate governmental agencies, federal, state or
local,
such action as it feels will resolve such complaint.
2-101
5. To
expend, with the approval of the Mayor, such funds as may be appropriated
for the
aforementioned purposes. The Commission shall annually prepare and
operating
budget in a timely manner.
2-223
Construction of aforementioned article and Severability
e. To
refer complaints to the Massachusetts Commission Against
Discrimination
(MCAD), or other appropriate agency for resolution.
f. To
create appropriate committees and task forces for the purposes of the
Commission.
g. To
raise funds/grants for the use of the Commission.
h. To
publish its rules, bylaws, policies and practices for both internal and
external
activities, excluding those documents which are confidential under
federal,
state or municipal law.
i. To
publish its rules and procedures for the conduct of its investigations,
hearings,
and negotiations. These rules shall insure the due process rights
to all
persons and/or entities involved in an investigation. At any hearing
before
the Commission or any committee thereof, a witness or any
individual
involved shall have the right to be advised and represented by
counsel.
j. The
Commission shall be responsible to recognize social changes which
may
affect Human/Civil rights in the City of Woburn. This may be
accomplished
by assessing and reporting the ethnic, cultural and social
demographics
of the City of Woburn using the U.S. Census Department
and
City and State resources. This may be done every ten (10) years.
2. All
Commission records shall be public except those that are necessary to
ensure
privacy rights under other federal, state and/or local laws, and those
records,
which must be kept confidential in compliance with the rules of
evidence.
4. To
render to the Mayor, City Council and School Committee a full written
annual
report of its activities and its recommendations not less than once a
year
for the calendar year. This should include, but not be limited to, the
following:
Investigations, hearings, rulings, actions or any programs, seminars
or
educational classes conducted over the past year.
1. The
provisions of this aforementioned article shall be construed liberally for the
accomplishments
of the purposes thereof, and any ordinance inconsistent with
2-102
(Article
added 8/24/2000)
any
provision hereof shall not apply, but nothing contained in this article shall
be
interpreted to contravene the General Laws of the Commonwealth of
Massachusetts
or the United States of America.
2. If
any section of this Ordinance is for any reason held to be invalid or
unconstitutional
by a decision of a court of competent jurisdiction, that section
or
portion shall be deemed severable and shall not affect the validity of the
remaining
portions of the Ordinance.
2-103
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2-104