ARTICLE V. DEPARTMENTS*
Directly out of our own municipal ordnance's.........Mr. Furnari cannot meet the basic requirements of the Director of our Department of Public Services due to his lack of education. He shakes a good political hand but lacks the leadership that the defined job description education requires. The girls all like the attention he gives them though, but it just doesn't support his decisions in fields he has unknowns, but does have political appointment to.
What is this Mayor's plans to replace Furnari once Mr. Andrew returns? As Furnari still has not met his promise of attaining a degree from his last three jobs.
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*Cross references: The committee on general government shall be concerned with municipal departments, § 2-34; department of civil defense, § 6-2.
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DIVISION 1. GENERALLY
Secs. 2-316--2-325. Reserved.
DIVISION 2. PLANNING AND DEVELOPMENT*
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*Cross references: The committee on general government shall be concerned with city finances and municipal departments, § 2-34; responsibilities of the committee on planning and development, § 2-35.
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Sec. 2-326. Office established.
There is hereby established an office of planning and development. All employees of the office of community development shall be employees of the office of planning and development.
(Ord. of 4-13-87, § 19-6)
Sec. 2-327. Jurisdiction.
The jurisdiction of the office of planning and development shall include the duties and responsibilities of the director of planning and development, the planning board, the historical commission and, with the concurrence of the mayor, such other boards, committees commissions, agencies or departments as may from time to time be authorized under city, state or federal law to undertake planning and development activities.
(Ord. of 4-13-87, § 19-7; Ord. of 11-14-88(1))
Sec. 2-328. Office of director established; powers, etc.
(a) There is hereby established the position of director of planning and development.
(b) The department of planning and development shall act in an advisory capacity to the following city boards and/or commissions: Planning board, zoning board of appeals, conservation commission, economic development commission, and any other board or commission that the mayor authorizes the department to assist.
(c) The director of planning and development shall be appointed by the mayor and confirmed by the city council. The term of the director shall officially end on January thirty-first following each biennial city election or until a successor is appointed.
(Ord. of 4-13-87, §§ 19-8--19-10; Ord. of 11-14-88(1))
Cross references: Officers and employees, § 2-126 et seq.
Secs. 2-329--2-345. Reserved.
DIVISION 3. POLICE*
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*Editor's note: The current collective bargaining agreements made between the city and the police department should be consulted for specific information.
Cross references: The committee on general government shall be concerned with city finances and municipal departments, § 2-34; responsibilities of committee on public safety, § 2-36; board of health may call upon the police department for aid, § 8-44.
State law references: Police generally, M.G.L.A. c. 147; powers and duties of police officers in cities, M.G.L.A. c. 41, § 96 et seq.
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Sec. 2-346. Composition of regular police department.
The police department of the city shall consist of the following:
(1) City marshal;
(2) Senior lieutenant, administrative assistant to the marshal;
(3) Lieutenant;
(4) Five (5) sergeants;
(5) Twenty-nine (29) police officers.
(Code 1971, § 21-1; Ord. of 7-13-87(1); Ord. of 9-12-88(1); Ord. of 7-14-97)
Sec. 2-347. Membership of reserve police force.
In addition to the regular police force, the police department shall include a reserve force of ten (10) members.
(Code 1971, § 21-2; Ord. of 2-13-78)
Sec. 2-348. Appointment; manner of holding office.
All of the regular members of the police department as well as the reserve force shall be appointed and shall hold office in the manner provided by the laws of this commonwealth.
(Code 1971, § 21-3)
Sec. 2-349. Promotion procedure.
No officer of the regular or reserve police force shall be promoted without first being appointed by the mayor and confirmed by the city council.
(Code 1971, § 21-4)
Sec. 2-350. Promotions of reserve police officers to the regular force.
(a) No reserve police officer will be promoted to the regular force until the mayor has made such an appointment and the city council has confirmed such appointment.
(b) All selection of the reserve police to be appointed to regular force shall be in accordance to seniority in service.
(Code 1971, § 21-5)
Sec. 2-351. Compensation.
Members of the police department shall receive such compensation as the mayor and city council shall from time to time determine in accordance with applicable federal and state law.
(Code 1971, § 21-6)
Sec. 2-352. Powers and duties of city marshal.
(a) The city marshal shall be the head of the police department and have entire control thereof and assign all police officers or constables when engaged in the service of the city to duty. It shall also be his duty to designate the patrols, hours of service and the vacation period of all members. He shall supervise the keeping of a record with a suitable index of every person arrested, including the name of the arresting officer, the offense charged, the place of birth, the age, height and complexion of the accused and such other description as may be useful for identification purposes. He also shall keep a record of all complaints made by members of the department and the record of the disposition of each case with the circumstances thereof. He shall keep open the records of the department to the inspection of the mayor and city council. He shall annually on the first day of September report in writing to the city council as to the condition of the department with whatever recommendations he deems advisable. Records shall be kept by him of duties performed by the members of the department, of all absences from duty and shall prepare the payroll of the department for presentation to the city auditor.
(b) The city marshal shall see to it that the orders of the city council shall be respected and obeyed by all members of the department and he shall be responsible for the discipline and efficiency thereof. He may establish rules and regulations for the government of the department, such regulations to be subject to the approval of the mayor and city council. He shall be charged with the enforcement and execution of the laws of the commonwealth, city ordinances and the orders of the mayor and city council. At the request of the mayor or city council, he shall cause any claim against the city to be investigated and a report of the findings returned to the city clerk. All defects in the streets of the city coming to his attention shall be forthwith reported to the superintendent of public works and all water leakage to the superintendent of the water department. He shall render service to the various city departments whenever requested by any department head and shall perform whatever other duties are requested of him by the mayor or city council. He shall have charge of all property of the department and cause the same to be kept in good order and in condition for use. He shall cause the police station to be kept in a clean, neat condition and properly lighted and heated.
(Code 1971, § 21-9)
Sec. 2-353. Reserved.
Editor's note: Former § 2-353, relative to duties of the deputy marshal, was deleted pursuant to an ordinance adopted Sept. 11, 1989. The deleted provisions derived from Code 1971, § 21-10.
Sec. 2-354. Duties of lieutenants and sergeants.
The lieutenants and sergeants of the police department shall perform their duties in accordance with the regulations of the department.
(Code 1971, § 21-11)
Sec. 2-355. Duties of police officers.
The police officers in the police department shall have such powers and perform such duties enacted in reference to such office by the laws of this commonwealth. They shall pass from time to time through the streets of the city with a view to remove by prosecution or otherwise, all nuisances, obstructions or impediments therein, and shall perform such other police duties as the mayor and city council shall from time to time determine.
(Code 1971, § 21-12)
Sec. 2-356. Qualification of special police officers.
Before council confirmation of a special police officer, uniformed duty, a candidate must meet the following requirements:
(1) Complete physical examination stating candidate's condition with doctor's certificate.
(2) Have no criminal record excepting minor traffic violations.
(3) Must sign a release of records.
(4) Must have recommendation of city marshal prior to confirmation.
(Ord. of 6-28-76(2))
Sec. 2-357. Mutual aid program for police department.
The City Council of the City of Newburyport accepts M.G.A.A. c. 40, § 8G, authorizing the city marshal to enter into a mutual aid program which states as follows:
A city or town which accepts this section may enter into an agreement with another city or town, or other cities and towns, to provide mutual aid programs for police departments to increase the capability of such departments to protect the lives, safety, and property of the people in the area designated in the agreement. Said agreement may include the furnishing of personal services, supplies, materials, contractual services, and equipment when the resources normally available to any municipality in the agreement are not sufficient to cope with a situation which requires police action.
(Ord. of 3-26-07)
Editor's note: An ordinance adopted March 26, 2007, did not specifically amend the Code. Therefore, such ordinance has been added as § 2-357 at the editor's discretion.
Secs. 2-358--2-360. Reserved.
DIVISION 4. FIRE*
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*Cross references: Responsibilities of committee on public safety, § 2-36.
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Sec. 2-361. Composition.
The fire department shall consist of:
(1) A permanent fire chief;
(2) A deputy chief;
(3) Four (4) permanent lieutenants;
(4) Twenty-eight (28) permanent firefighters and as many call firefighters as the mayor and city council may from time to time determine.
(Code 1971, § 10-15; Ord. of 7-13-87(2))
Sec. 2-362. Fire alarm system.
Among his other duties, the fire chief shall have the control of and responsibility for the operation, maintenance, and repair of the fire alarm system of the city.
(Ord. of 8-3-70(2), § 2)
Sec. 2-363. Mutual aid system; approval.
The fire chief is hereby authorized to enter into a mutual aid system with such cities and towns contiguous to the city as he may deem advisable. The agreement shall be subject to the approval of the mayor and city council. In order to comply with this provision, the fire chief is authorized to send city fire apparatus and firefighters to such cities and towns who enter into such mutual aid agreements.
(Code 1971, § 10-22)
Sec. 2-364. Effect of article on rules, orders, ordinances relating to department.
The provisions of this article shall not repeal, affect or change any rule or order in force on January 1, 1989, relating to the fire department, or the officers or members thereof, except as herein specified.
(Code 1971, § 10-23)
DIVISION 5. DEPARTMENT OF PUBLIC SERVICES
Sec 2-365. Established.
There shall be established in the City of Newburyport a department of public services consisting of the water department, the sewer department and the department of public works. The department of public services shall be under the direction of department of public services director. There shall also be established a deputy director/director of operations.
(Ord. of 5-21-05, § 1)
Sec. 2-366. Apointment of director.
The mayor shall appoint a director of public services subject to confirmation by the city council. The director of public services shall have such responsibilities and duties as determined by the mayor, and shall have full charge and authority over the employees, equipment, and facilities within the department of public services, ordinance, regulations, and such direction and such policies. During his/her tenure, the director shall hold no other elective or appointive office, nor shall the director engage in any other business or occupation.
(Ord. of 5-21-05, § 2)
Sec. 2-367. Duties of director.
The director of public services shall supervise employees of the department of public services in accordance with the city's personnel ordinances and any applicable collective bargaining agreements. The director shall supervise, direct and be responsible for the efficient administration of all departments and offices within the department of public services.
The director shall keep full and complete records of the department of public services. Such director shall render to the mayor, as often as may be required by said mayor but at least quarterly, a full report of all operations under his/her control during the period reported upon, and annually shall render to the mayor a report of all the operations under his/her control, including but not limited to: a full financial report of all accounts, funds and grants, a work plan with related finance plan for the subsequent fiscal year, and a report on the accomplishments and progress made under the work plan from the preceding fiscal year. Such director from time to time, as required by said mayor, shall make a synopsis of such reports for publication. The director shall have access to all city books, records and documents necessary for the proper performance of the assigned duties and responsibilities.
The director and boards of water and sewer commissioners shall report to the mayor concerning the needs of the city within the scope of his/her duties, and shall annually, in conformity with the requirements established by said mayor, furnish to the mayor a carefully prepared and detailed budget and work plan in writing, including estimates of the appropriations and revenue for department of public services enterprise funds established under M.G.L.A. c. 44, § 53F1/2 required during the next fiscal year for the proper exercise and performance of all said rights and duties.
The director shall be responsible for the preparation of plans and the supervision of work on all department of public services construction, reconstruction, alterations, improvements, and other such projects authorized by the mayor. The director shall be available to offer professional engineering services to other city boards, committees and offices as may be requested. The mayor must authorize any such professional services provided by the director.
The director shall, be responsible for reviewing and approving payment warrants. The director, when any payroll, bill, or other claim against the city is presented, if the same is deemed by the director to be of doubtful validity, excessive in amount, or otherwise contrary to the interests of the city, refer it to the mayor who shall immediately investigate and determine what, if any, payment should be made. Pending such investigation and determination by the mayor, any payment will be withheld.
The director shall perform such other duties consistent with the office as may be required by the ordinances of the city, by the mayor, or by the majority vote of the city council.
(Ord. of 5-21-05, § 3)
Sec. 2-368. Board of water commissioners.
The board of water commissioners shall be a part of the department of public services. Except as expressly provided for in this act, the board of water commissioners shall retain all powers, duties and responsibilities previously vested in said commissioners. The board of water commissioners shall fix such prices and rates for the use of water. The board of water commissioners may grant such abatements from water rates or charges as may be lawful and necessary.
The board of water commissioners shall, subject to the advice and consent of the mayor, set all policies relative to the water supply of the City of Newburyport, while the director shall be responsible for the day to day operations of the department. The board of water commissioners shall, with respect to the director, unless otherwise specifically provided for in this legislation, act in an advisory capacity.
The board of water commissioners shall keep the mayor fully advised as to the needs of the city within the scope of its duties, and shall annually, in conformity with the requirements established by said mayor, and in conjunction with the director of public services, furnish to the mayor a carefully prepared and detailed budget and work plan in writing, including estimates of the appropriations and revenue for the board of water commissioners enterprise funds established under M.G.L.A. c. 44, § 53F1/2 required during the next fiscal year for the proper excise and performance and all said rights and duties.
The board of sewer commissioners shall be part of the department of public services. Except as expressly provided for in this act, the board of sewer commissioners shall retain all powers, duties and responsibilities vested in said commissioners. The board of sewer commissioners may in its discretion prescribe for the users of said sewer system or systems such annual rentals or charges based on the benefits derived therefrom as it may deem proper, subject, however, to such rules and regulations as may be fixed by the vote of the city council. The board of sewer commissioners may grant such abatements from water rates or charges as may be lawful and necessary.
The board of sewer commissioners shall, subject to the advice and consent of the mayor, set all policies relative to construction and operation of a system or systems of sewerage and sewage disposal for the City of Newburyport, while the director shall be responsible for the day to day operation of the department. The board of sewer commissioners shall, with respect to the director, unless otherwise specifically provided for in this act, act in an advisory capacity.
The board of sewer commissioners shall keep the mayor fully advised as to the needs of the city within the scope of its duties, and shall annually, in conformity with the requirements established by said mayor, and in conjunction with the director of public services, furnish to the mayor a carefully prepared and detailed budget and work plan in writing, including estimates of the appropriations and revenue for the board of sewer commissioners enterprise funds established under M.G.L.A. c. 44, § 53F1/2 required during the next fiscal year for the proper exercise and performance of all said rights and duties.
(Ord. of 5-21-05, §§ 4, 5)
Sec. 2-369. Appointment date of director.
Within sixty (60) days from the effective date of this act, the mayor shall appoint a director of public services.
(Ord. of 5-21-05, § 6)
Sec. 2-370. Integration of water works and sewer department.
The employees of the water works and sewer department are integrated into the department of public services. The city shall recognize the years of service of all employees integrated into the department of public services and provide to such employees' rights, compensation and benefits as allowed under the city personnel ordinance or appropriate collective bargaining agreement at levels equivalent to those provided to such employees on the date of this transfer.
(Ord. of 5-21-05, § 7)
LOCAL GOVERNMENT COMMENTS, and personal opinions!
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